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HomeMy WebLinkAbout03/12/99 TAPE #1601 CITY COUNCIL MEETING MINUTES SPECIAL MEETING MARCH 12, 1999 This special meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Friday, March 12, 1999, at 12:55 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council member David Farr was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd. At the request of Mr. Montgomery. the following item was removed from the Consent Agenda and placed on the regular Agenda under New Business. NEW BUSINESS: 2A - MOTION TO CONDITIONALLY APPROVE MEDIATION RESOLUTION IN PUGET SOUNDKEEPERS ALLIANCE V. CITY OF BREMERTON, #AB99-043 Mediation Resolution dated February 22, 1999 in regards to Puget Soundkeepers A//iance v. City of Bremerton amending the Consent Decree of September 27, 1993. The Mediation Resolution resolves only those issues ordered mediated by the Court. Glenna Malanca, City Attorney, stated she was pleased to have the Mediation Resolution come before Council, and she had hoped it would be conditionally approved today. She explained, however, that materials were received by FAX at approximately 7:00 P.M. last evening, at the City's outside-Counsel's office, indicating a motion which asked for a variety of relief, including 1) relief of appointing a receiver; 2) freezing assets of the City; 3) suspending the Federal benefits; and 4) arresting the Mayor. She pointed out that some of these requests could prevent the City from complying with the Mediation Resolution, where the City is agreeing to accelerate the construction schedule for the CSO Reduction Program by 3 to 4 years. This conditional approval today would show the City's good faith to the Court, subject to the Mayor's confirmation on March 17, 1999 at the City Council meeting, that recent motions filed by PSA do not defeat the City's ability to perform under the terms of the Mediation Agreement. Gene Sampley, Public Works Director, added that the judge is not likely to have a decision on March 30, 1999, but he will hear the motion made by City Council, and take it under consideration. He supported waiting for the Mayor's recommendation at the next City Council meeting, to give his staff time to assimilate the impact of this situation. TAPE #1601 City Council Special Meeting Minutes March 12, 1999 Page 2 of 2 #0480 M/S/F (Montgomery/McConnell) Motion to conditionally approve Mediation Resolution in Puget Soundkeepers Alliance v. City of Bremerton subject to the decision by the judge of the hearing scheduled for March 30, 1999. Vote on Motion: In Favor: Montgomery Opposed: Olsen, McConnell, Law, Overson, Arends, Reed, and Shepherd Motion fails. #0640 M/S/C (McConnell/Law) Motion to conditionally approve Mediation Resolution in Puget Soundkeepers Alfiance v. City of Bremerton subject to Mayor's confirmation on March 17, 1999, at Council meeting, that recent motions filed by the Alliance do not defeat the City's ability to perform under the terms of the Mediation Resolution subject, to City Council's approval of the Mayor's recommendation. Vote on Motion: In Favor: Montgomery, Olsen, McConnell, Law, Overson, Arends, and Shepherd Opposed: Reed Motion carries. With no further business meeting adjourned at 1:25 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File