Loading...
HomeMy WebLinkAbout08/12/92TAPE #1047 UNAPPROVED DRAFT AUG 2 35 1,992 CITY COUNCIL MEETING MINUTES #0022 #0038 AUGUST 12, 1992 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4TH Street, Bremerton, Washington, Wednesday, August 12, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin. Councilmen Russ Johnson and Hank Waibel were absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Reverend David Zaske of United Methodist Church. CONSENT AGENUA A. Minutes of Meeting - July 29, 1992 #AB92-200 M/S/C/U(Fitz/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that had been made available to the council. M/S/C/U(Colvin/Fitz) on August 12, 1992, the Council does approve for payment those vouchers included and further described as follows: 154797 through 154940 in the total amount $401,604.52; and regular payroll for the period ending July 31, 1992, in the total amount of $626,057.41. COUNCIL MEMBER REPORTS Mr. Overson reported the Uptown Auto Body ball team has won quite a few championships and are starting to go through some finals rounds. They are qualified for the USSA A-State, USSA Industrial-State, USSA Industrial-World Tournament, which will be held in Myrtle Beach, South Carolina in September. He announced the Turner Joy will be open to the public at 10:00 AM on Thursday, August 13. He recently learned of the formation of a Citizen Advisory Committee by Mayor Mentor relating to the Gorst-Bremerton Connector project. He noted this Committee's role is to provide input to the project i TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 2 of 18 concerning all aspects of the selection and development. His main concern over this issue is of the 25 members of that Committee, six are citizens of Bremerton and the remaining members are from the outlying Kitsap County areas, as well as representation of businesses in the City. Earlier he had submitted three names of individuals he wanted on this Committee, however, none of them were contracted. He noted the City's Charter states all City of Bremerton Committees will be comprised of City residents and that those members are to be confirmed by the City Council. President Hotton stated Council would be adjourning to a Study Session following the Council meeting to discuss the Gorst-Bremerton Connector project and this issue could be addressed at that time. Mr. Overson stated he did not like the idea of County residents serving on a City Committee, that is charged with telling the City where to locate a road through the City. Mr. Neville thanked the neighbors of the 9th Street Block Watch for inviting he and his wife to their meeting on August 4. He found this meeting fun and informative. He alerted residents of the Campus Evergreen neighborhood - the Bremerton Planning Department is preparing a Neighborhood Plan for the areas north of 11th and east of Naval Avenue. This encompasses about 1,100 dwellings and approximately 3,000 residents. The Planning Department will hold a meeting August 20, 7:00 P.M., at Sheridan Community Center (Lounge area). Public participation is encouraged to provide comments and suggestions of what they would like to see in their neighborhood with the growth that is expected. The Lady Eagles are sponsoring a chaperoned Teenage Dance on August 14, 8:00 PM to 12:00 Midnight. This dance is for teenagers 14 to 20 years old. Mr. Colvin announced District 1 will hold a Coalition meeting (Precincts 52,56,58, 60) on September 10, 7:00 - 9:00 PM, at the Sheridan Park Community Center. The guest speaker for this meeting will be Mayor Louis Mentor, who will speak on "State Of The City". Sandra Benz will serve as Master Of Ceremonies for this meeting and he urged everyone to attend. The theme for this meeting is "We The Citizens Are The Government". He would appreciate receiving R.S.V.P.'s of those planning to attend. He received a call from a constituent, regarding the new lighting at Lions Field, who shared that the lights were so bright the paint on his house was peeling. Mr. Colvin felt this was the person's levity as to the brightness of the new lighting. In reference to Mr. Overson's comment about volunteers, he noted the City has 30 committees and approximately 167 individuals participating on those committees. He commended everyone who is giving their ) TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 3 of 18 time freely to the City. Mr. Dawkins stated Mr. Overson's comment about the success of Uptown Auto Body ball team brought to his mind when the Pendergast Regional SpOrts Complex is completed Bremerton will be hosting such tournaments and local restaurants and hotel/motels will be impacted by tournament participants. Mr. Collins reported the U.S. Navy met with property owners and residents of Montgomery Avenue/Callow Avenue/Wycoff Avenue regarding their procurement of land in those areas. This was a good meeting where a lot of misinformation and misgivings were cleared up and in approximately two months another meeting will be held on this same subject. PUBLIC RECOGNITION Mayor Louis Mentor read a Proclamation acknowledging significance of agriculture in the State of Washington economy and proclaimed August 16, 1992, as "Farmer's Market Day" in the City of Bremerton. Mayor Mentor added his congratulations to Uptown Auto Body ball team for their successes, as well as several other teams in the area. On August 5, he attended the Bremerton Central Lions Club picnic, along with the Japanese students from Kure; and he attended the Lions Club luncheon this date. He emphasized the outstanding job the Lions Club does as good samaritans in this community. He attended a meeting with the Washington State Departments Of Corrections where they discussed locating a Work Release facility in Kitsap County. This issue will be presented to the Kitsap Regional Planning Council at the September meeting. He invited anyone interested in this issue to attend that meeting on September 2, 10:30 A.M. He extended a special "WELCOME" to all of his wife's relatives (approximately 60), who are visiting from around the country. This family group has enjoyed the waterfront boardwalk and especially like the harbor tours. Animal Control Officer Simpson presented the "Pet-Of-The- Week", a 3 -4 year old female poodle/terrier mixed dog. Bremerton Animal Control has puppies and kittens available for adoption as well. Gordy Byrd, 3739 "G" Street, Apt. B, gave an update report on his fund raising effort - $16,005.53. Bernle Waldbillig, 9308 West McKenna Falls Road, stated he owns a rental property in the City of Bremerton on Burwell Street. In February of this year, he contacted the Bremerton TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 4 of 18 Police Department about the possibility of a marijuana grow operation taking place in this rental property. He was suspicious of such an operation due to excessive power charges, high water usage,boarded up basement windows and complaints from neighbors about excessive traffic into and out of that property. He presented to Council a lengthy description of contacts with the Police Department, their inaction and comments that they did not have time to pursue looking into such a situation. Finally, on May 6 Police Officer Trogdon contacted Mr. Waldbill~g and requested an update on the situation at his rental property. At that time, Mr. Waldbillig told Officer Trogdon he was contemplating evicting the tenants due to their not paying their rent, however, Officer Trogdon asked him to wait until the Police Department had a chance to work through an undercover agent. He agreed with Officer Trogdon's proposal and waited for further word. On August 3, he scheduled an appointment on August 6 with his tenants in order for him to make an inspection, however, when he arrived at the site the house was locked and the tenants were not there. He had not expected the need for pass keys and was unprepared at that time to enter the building. On August 7 he returned to the site, after contracting Officer Trogdon, he made entry into the building and found it had been horribly destroyed inside and they did find the grow operation as was suspected. Small children inside the house were nude and sitting on the hardwood floors. The children and the house were filthy. At that time, Mr. Waldbillig's wife filled her purse with "pot", which they then took directly to the Police Department and showed them what had been taken from the residence. Sgt. Cox pointed out to them that he could not use what was picked up as evidence and he would go up and investigate the situation on Monday, August 10. Mr. Waldbillig stressed that would give the tenants three days to clear out any evidence of the grow operation, with Sgt. Cox responding they were too busy to do anything at that time. That same evening the tenant did move out and by the time the Police Officer arrived all of the tenants belongings had been removed. During this dilemma they contacted the Crisis Clinic in regards to the children and the condition they were living in. The Waldbillig's were advised they would send over an officer to do a Welfare Inspection, which he agreed to. At 7:00 PM that same night Mr. Waldbillig received a call from his brother, who lives down the same street, indicating the tenants were moving out. Mr. Waldbillig called the Police and they sent an officer over, however, it was too late everything had been removed. The Officer stated he could see where a grow operation had been and the tenant was present and accompanied the officer as he toured the house and admitted he use to "grow" but wasn't TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 5 of 18 presently. The officer stated it appeared the tenants were moving. He again called Crisis Clinic to check on what had come of the welfare check and learned that an officer had been dispatched to the site and indicated everything as "A - OK". He asked when did the officer go by and who did the inspection. He was told a Bremerton Police officer made his inspection at 6:00 P.M. As a result of this saga, he did have a discussion with Police Chief McNeal this date. At 11:00 AM on Tuesday, August 11, he called CPS and asked them what is it they would do if you were called in to do an inspection on a house like the one he owned...she stated she would go through the house and look for anything that would be breaking the law, child abuse, alcohol abuse, drug abuse, hazardous situations in the house. He asked in order to do that type of inspection one would have to tour the house and the CPS worker stated yes, each room would need to be inspected - sleeping and playing areas, including the basement. He then asked if the Bremerton Police Department would have to do the same thing - she stated she would imagine they would have to. Mr. Waldbillig stressed if a Bremerton Police officer went inside that house there was a "grow" operation at that point and he did not believe it could have been removed within an hour when the tenant's husband did not get off work until 6:00 P.M. On Tuesday, August 11 at 8:00 P.M., he received a message on his answering machine from the tenant that he wanted to talk to him. He hesitated calling the tenant, however, he finally did because he thought they might plead mercy or apologize. He was shocked when he was asked for a recommendation so that they could move into a new home. Mr. Waldbillig responded that "he had a lot of guts to ask him for a recommendation" after he inspected the home and found it destroyed with a "pot" growing operation in the basement. The tenants response was like rubbing salt in a wound - "Bernie I'm not in jail am I?" Mr. Waldbillig replied there is a reason for that! He posed the following guestions to the City Council: (1) so what's happening to our neighborhood and City; (2) so what is our Police Department doing; (3) so what is "zero" tolerance... is it we won't tolerate drugs in our neighborhood or city; or is it we won't tolerate complaints about drugs in our neighborhood and city. Mr. Waldbillig ended with a quote from one of his tenants who destroyed his house...when showing her the pot they picked up off the floor in the basement and asking her for an explanation - "so what, call the police they won't do anything". President Hotton requested the City Clerk to contract Mayor Mentor and Police Chief McNeal and have been respond with an update on this situation at the next City Council meeting. Morgan 8tiff, East Bremerton, expressed concern that his cost TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 6 of 18 of garbage collection had increased 58%+. He questioned Brem- Air why the huge increase and received the response that the cost of "dumping" garbage had increased so much and some of ~the costs related to City's tax increase. He asked Brem-Air personnel if Brem-Air held the ownership of Olympic Landfill, he was informed they did not, so he figures as a tax paying citizen he was being stabbed in the pocketbook by a coalition of government and business under the guise of free enterprise. After further study, he is convinced that Brem-Air Disposal Inc., and Olympic Landfill is owned by the same person. During the previous Council meeting he became very angry with what he saw and heard - when a man was caught in a power play the Council showed no interest in fairness or doing the right thing. Their only interest was in power. Then, he heard two outrageous statements showing the caliber of the City Council's thinking - first Council President Horton's statement that she wanted the City limits of Bremerton extended to Silverdale and no trees would stand in the way of this urban sprawl. He did not believe treeless urban sprawl would benefit either Kitsap County or Bremerton. The air cleaned by the trees benefits the City as much as the County. The other statement he was concerned over was "when the City operated the parking lots we lost our shirts and since Diamond took it over we are making money". He questioned if this Council cannot operate a parking lot, how can it operate a City? Some of this aggressiveness exhibited by the City stems from the new way the City can annex land, granted by the State. There is a group who wants this law repealed and fortunately there is an election coming up this fall and those who believe in democracy can have it repealed in two ways: (1) contact every State Representative, who voted for this monstrosity, to promise to repeal it or to get out and work for their defeat; (2) the Supreme Court did not say one dollar or one vote, but rather one man one vote and an absentee landlord should not be allowed to bring hundreds of people into an entity they do not want. If the City wants to expand, then the City should show there is value in the extra services that are supplied. If the City was doing a good job, people would be asking to be a part of it. President Hotton stated the City did not increase the tax rate on the Brem-Air contract. Mr. Stiff explained when the garbage rate went up the percentage of tax went up. President Horton noted the City will be ramping that tax amount downward. Mr. Overson stated in reference to Mr. Stiff's concern about loss of foliage between Bremerton is Silverdale, it is the County, not the City, who is causing that condition. What the City has asked is that the County establish a buffer of some kind of trees/greenbelt, which they have not. President Hotton stated for clarification she stated "without a greenbelt buffer the ! TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 7 of 18 way the Growth Management Act reads is that the City, in theory, could annex to Silverdale, and have one giant urban area. The County has not provided a greenbelt buffer between the Silverdale growth area and Bremerton. The County is the entity putting growth in that area, not the City. The City has been working on encouraging growth within the City and leave the rural and undeveloped areas green and in a manner we are accustomed to. She is not in favor of urbanizing every shred of Kitsap County and taking away all the trees. She has been fighting diligently, as has this Council, to try and preserve rural Kitsap that we know today. President Hotton stated she would provide a copy of the tape to Mr. Stiff reflecting her comments. She emphasized she and this Council believes in Growth Management, unfortunately there are a lot of people in the world who do not. Mr. Collins stated there was an article in the August 11th "Sun" that the County short plats 3,500 building lots per year and has over the past several years. President Hotton requested the City Clerk speak with Mr. Stiff about his concerns. Norbert Waldbillig, stated he had served in the Air Force for 15 years and for the past 10 years had worked in countering narcotics. He recently returned to this area from Central America and finds it very disappointing to come back and find a drug problem in his hometown. Within the last 11 months he had been stabbed once and shot twice fighting counter narcotics and questioned why are we doing this in Central America if we can't even handle the problem in our own County. If the Police do not want to take care of this problem, who will? If we can't handle drugs problems here, we may as well not go any place else. President Hotton stated the Police Chief and Mayor Mentor will be reporting back on this issue. She emphasized the Council can provide funding for City staff to do things but is by and large not enough. But, at that point we hope those dollars are spent as wisely as possible. 6A - INFORMATION ITEM: OVERWATER PARK PROJECT UPDATE REPORT, #AB92-201 Dave Baker, City Engineer, provide Council members with Monthly Report No. 10 as well as a copy of the Certificate of Substantial Completetion, dated August 13, which means the City has the use of the overwater park beginning August 13, at which time the Turner Joy will be open for visitors. The overwater park project, with the exception of punch list items and some minor pick up work, is completed. President Hotton noted there will be a Change Order coming for $120,000 and since Council had already approved a $20,000 Change Order this amount should be $100,000. Mr. Baker stated TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 8 of 18 the additional money shown was $30,000 to Quigg Brother for shutdown and was not part of the Change Order nor was it anticipated when the Budget Adjustment was made. President Hotton pointed out it has been included in the last several reports. Mr. Baker explained the Change Order now includes the money. President Hotton questioned the extension of the contract for 48 days and is associated with COP #9A and 9B and the cost of that extension? Mr. Baker stated there would be no cost involved and a schedule change only. However, any time an extension for a project is given, there is the possibility of increasing inspection time, etc. President Hotton noted then the City is expecting completion of the overwater park project on August 17. Mr. Baker stated August 13 is the date of substantial completion. President Hotton questioned when would Quigg Brothers need to be paid? Mr. Baker stated right a way. President Hotton stated she did not believe the City had funds available to pay for the this last Change Order. Mr. Baker assured President Horton there was adequate funds to cover the Change Order. President Hotton stated Council approved taking funding out of the overwater park project to pay for FishPro's contract. Mr. Baker handed out a Financial Summary, as prepared by the Treasurer's Office, and stated if we go through and complete the project as anticipated there will be a $5,161.00 deficit. This does not mean we do not have funding now to pay for this particular Change Order. President Hotton questioned the progress on the mitigation? Mr. Baker stated he received a letter from the Corps Of Engineers responding to the City's submittal to them to add a sub- strata of material on the shore of Sinclair Inlet to provide for kelp growth, which was rejected. Referencing that letter, Mr. Baker stated it was fairly obvious to him that the agencies working on this mitigation are not concerned with the scientific solution to this problem. They have a solution in mind and the City is to do that solution. The scientific evidence shows quite heavily that the mitigation should not necessarily be to epibenthic production but in fact the species that was being affected by the overwater park was the kelp. When the City proposed the application of sub-strata materials to those agencies, they basically responded that they did not care what the scientific data reflected, they wanted the mitigation project at Evergreen Park. The City is now proceeding to put together a package, by the end of this week, which will include Evergreen Park. The cost of that project is still undetermined, however, we do know that Evergreen Park is the place the City has been directed to provide this mitigation. ! TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 9 of 18 Mr. Overson noted George Daly has been given some real accolades from people who have worked on this project with him and his work has contributed to the good of the City. Mr. Baker stated he should get accolades because he has done a very good job working with the City as well as with all of the other participants in this project. President Hotton noted a dollar figure difference on the two handouts Mr. Baker provided relating to the Portico Contract ...one reflects $128,000 Change Order #3 and on the Financial Summary Change Order #3 is listed as $129,000. Mr. Baker stated the $128,000 plus tax equals $129,411. President Hotton maintained her belief if Change Order #3 is paid off now and Change Order #4 is paid later, this account will end up with a deficit. Mr. Baker stated President Horton was correct unless alternative funding is found for FishPro's contract. At the time FishPro's contract was brought before Council, he stated that funding it under the project was only a stop gap method and funding source would be changed to something else; and that "something else" is being worked on by the City Treasurer. President Hotton stated before Mr. Baker pays anything more he should come to Council with a recommendation for alternative funding of the FishPro contract. Mr. Baker stated he has been working with the City Treasurer on this issue and is taking his word that there are funds available to meet these obligations. He intentionally brought forward the fact that at the end of this project there would be a negative figure if everything goes as scheduled. President Hotton noted the City put funds into an Escrow Account and the Port of Bremerton signed a document that they would step in and complete the mitigation project if the City failed to comply. She questioned even though from a scientific point of view, doing the Evergreen Park project may not reap the results that the epibenthic study indicates, is there anything the City can do to not follow through with what the Corps is demanding? Ian Sievers, City Attorney, stated the assigned funds, which are in lieu of a bond, can't arbitrarily be triggered and exercised by the Corps, there has to be a violation of our Corps Permit Condition "G" that relates to mitigation. The City can contest the fact of violation...we can say we do not believe we violated this and we think we are complying with the condition. An appeal may include a stay of the power of the court to exercise on the security agreement. He was not sure the City is at the Corps mercy if the decisions they are making in regard to compliance with the Corps Permit are arbitrary. President Hotton stated Mr. Baker apparently feels that is the case and that means if we go forward with this the City is out 1/2 million dollars 1 TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 10 of 18 and if we do what FishPro and City staff is suggesting it sound like the price tag would be much lower and also do what it is suppose to be doing rather than what the Corps wants. Mr. 8ievers stated the City is not out 1/2 million dollars although that is the maxim amount of assigned funds at this point. President Hotton was of the opinion the Corps will spend up to that limit. Mr. Sievers stated they would cause the Port to build what they like and the City is pricing that out now at less than that amount of funds. President Hotton questioned if the City could protest this whole proceeding? Mr. Sievers stated there certainly was the possibility of doing that. The way the Corps has phrased their decision on the City's proposed mitigation project it may be difficult to say that is not within the condition. He knows their reference to an original mitigation proposal is certainly out of place because the original Condition "G" has been deleted. There is now a new condition, so that old condition should not be referred to. However, the new condition does talk about replacing habitat and the City's proposal focused on causing the most biological production but it is difficult to argue that the old habitat that was shaded was inner tidal and was not very productive. He did not know why the City was being asked to mitigate that except it focuses the City on to Evergreen Park as there aren't many places to replace inner tidal habitat. Within the letter of their condition they may be asking the City to do what that condition says as far as replacing actual habitat, which is pulling away from what the City believed is the real damage, if any, which was for the biological production of the area. Mr. Collins questioned in the Corps first letter to the City, did it not state they wanted a epibenthic study of the specific area in the shadow of the boardwalk and wanted replacement of that habitat? Mr. Sievers stated the Corps wanted baseline studies, not physical habitat, and the City proposed to do studies of biological impact including epibenthics and also kelp and algae. That initial proposal was accepted and the basis of funding level requirement. He believed the Corps was shifting away from that proposal because they did not have a good biological argument against the City's concept of an artificial reef. President Hotton requested Mr. Sievers to look into an appeal process available to the City and what steps would be needed to appeal Department Of Fisheries decision. 7A - PUBLIC DEFENDER IN-HOUSE SERVICE FOR OVERAGEANDCONFLICT CASE8, #AB92-202 The 3 year public defender contract provides for a base contract of 720 cases per year for $90,000 in 1992. Cases over 720 are charged at the rate of $136.00. As shown by the attached, based upon six months history, the overage cases TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 11 of 18 would cost us $41,208 or approximately $82,416 annually if the same rate of assignments continues. The conflict cases are estimated to cost $20,800 this year. The cost for an in-house public defender, and clerical assistance is $83,938, an annual savings of approximately $20,000 over contracted services. It is recommended that initially a part-time public defender and full time clerical person be hired. Mayor Mentor stated this was a continuing effort to streamline City operation and to operate as efficiently as possible. This proposal would provide the City some cost savings this year and more in years to come. The Fiscal and Budget Committee and Operations Committee did review this proposal. Public comment - none. Mr. Overson questioned how much of what is being proposed was originally budgeted at the time the contract was signed? Kathleen McCluskey, City Clerk, stated the Conflict Attorney was budgeted close to the $20,000; the "overage" was not budgeted. At the time the contract was negotiated, the City assumed it would come in at about 720 cases or below with possibly $5-6,000 included for overage. The large increase in indigent cases was not anticipated and there is not adequate funding in the current budget to cover that overage . She noted the contract contains the stipulation that overages would be paid for in February1993. Therefore, budgetarily it is a 1993 problem, but the same thing occurred from 1991 to 1992. President Hotton questioned how much is the City anticipating in 19937 Ms. MoCluskey stated the cost of the contract in 1993 will go up to $98,400 and the overage per case will go up to $148.00, so if it continues at the same rate that would come to approximately $100,000. At this point, she believes the City could assume numbers of overage cases would increase. There is one more year left on the current contract and what appears to be happening is that the base contract is costing less than the overages. In 1994 the Administration will be considering full time in-house Public Defender service, not just to cover the overage. Mr. Overson stated the Operations Committee requested information relating to July and August overage costs and questioned if Ms. McCluskey had those figures available. McCluskey stated she did not have that data as of this date. She pointed out such reports will be available shortly after the end of each month and the process of getting this proposal through Civil Service will be at least 60 days. She will continue to monitor the number of cases and, if at any point it appears there is a decrease in such cases and this proposal i TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 12 of 18 did not make sense, direction. then they would not proceed in this Mrs. Fits questioned how easy will it be to obtain a part time Attorney? Ms. McCluskeV stated she would not know until they go through the advertising and hiring process. She noted there may be some semi-retired, retired or new attorneys who may be interested in this type of work. Mrs. Fits questioned if there was a reason why there seemed to be so many more people who could not pay for their own attorney? Ms. McCluskey stated filings in general have increased and the indigent fee schedule, established by the State, increased. Mrs. Fits questioned for clarify the notation of' City Clerk on the Organizational Chart? Ms. M~Cluskey stated the "City Clerk" is a division within the Administrative Services Department. #2759 Mr. Colvin questioned how much funding is left in the Ending Cash Fund? Ms. MoCluske~ stated that figure is changing monthly as revenues come in and expenditures go out. The last Ending Cash Report indicated approximately $18,000 deficit. The July report could change that amount. The issue is: "do you pay twice as much from whatever source by continuing this contract relationship or do we find a way to budget for the in-house Public Defender". This is not a good answer because the source of funding is not readily identified, but what she is saying is within the year a fund source would be found. The cost of this proposal is based on the assumption of not hiring prior to October 1. President Horton questioned if the $18,000 was figured in on the Treasurer's previously Ending Cash deficit and if it wasn't then that figure would be $37,0007 Ms. McCluske~ stated if everything stayed the same as the June report President Horton's statement was correct. M/S/C/U(Dawkins/Colvin) to 1) approve hiring .50 in-house public defender and 1.0 legal secretary II; 2) ask Civil Service to exempt public defender from Civil Service and add Legal Secretary I and II classifications; 3) approve budget adjustment; and 4) approve organizational chart. 7B - EASEMENT AGREEMENT/U.S. WEST COMMUNICATIONS -- 3027 OLYMPUS DRIVE, #AB92-203 Attached for the City Council's consideration is an Easement Request by U.S. West Communications for the installation of two (2) utility cabinets to house electronic equipment on Utility-managed property located at the southeast corner of TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 13 of 18 the Utility Operations Center property at 3027 Olympus Drive and situated in Section 12, Township 24 North, Range 1 East, W.M. Bill Dully, Utilities Director, stated the subject site is approximately a 20 foot square parcel and located immediately south of the Utility's operation center off Olympus Drive. The two cabinets would provide enhancement to U.S. West communications facilities in the area. Mrs. Fits questioned the size of the utility cabinets? Mr. Duffy explained both cabinets are less than five foot square, the typical cabinets that are visible throughout the community. Mr. Overson questioned why was the proposed site picked and was there other alternatives? Mr. Duff~ stated the site along Olympus Drive is available and the areas immediately north and south are residents constructed on small lots. President Hortonquestioned if the life of an easement went on forever ? Mr. Sievers stated yes, conditions can be written in so that the use would revert back to the City once that leased use was terminated, which would be reflected in the value of the easement. He assumed the price of this proposal reflected a permanent easement without restriction. Public comment - none. Mr. Collins questioned if the easement was too large considering the small size of the utility cabinets? Mr. Duff~ stated there would be cables entering and exiting the cabinets as well as electrical services. Mr. Collins stated if it was his front yard and such cabinets were to be installed, he would want them to keep their easement as small as possible considering the fact that easement would be long term. He suggested reducing the ~ize of the leased space. Mr. Dully explained the City generally secures a 20 foot wide easement when easements are needed in order to gain access for installation and maintenance of equipment. He did not believe a 20'X 20' easement was large. President Morton questioned if Mr. Duffy anticipated needing that 20 feet? Mr. DuffV stated no. He also noted the Utility was probably the largest user of U.S. West Communication services on Olympus Drive. Mr. Colvinguestioned if this was the only easement Mr. Duffy has made and if not what sizes were the other easements? Mr. Duff~ stated no, the Utility both gives and receives easements from other utilities and they do vary in size depending on the TAPE #1047 City Council Reg. Mtg. Minutes August 12, 1992 Page 14 of 18 equipment. They frequently grant Puget Power easements just to provide service to the Utility's own infrastructure as well as the telephone company, if it is serving the Utility. #3129 M/S/C/U(Overson/Colvin) to approve the attached easement agreement between the City of Bremerton and U.S. West Communications and authorize the Mayor to execute the same subject to City Administrative Policies and Procedures. 8A - ORDINK~CE (FIRST READING) TI~.NSFER OF OWNERSHIP OLYHPIC ~ABLEVISION LIMITED PARTNERSHIP TO FALCON VIDEO COI~UNICATIONS L.P., #AB92-204 The franchise with Olympic Cablevision L.P. is for the period 4/2/85 to 4/1/95. Olympic is requesting transfer of the franchise to Falcon Video Communications L.P. A September 1992 closing of the sale is anticipated. Kathleen McCluskey pointed out a summary of information received from cities in Oregon served by Falcon was included in Council's Agenda packet as well as the Ordinance, which needs the addition of the effective date of the transfer of the business. TAPE #1048 Lee Hackland, representing Falcon Video Communications (General Manager of the Hood River/The Dalles and Washington side of the Columbia Gorge area), stated he was eager to answer any questions Council may have about his company. His firm is excited about having the opportunity to work with the City and subscribers in the area. He believes the City and Bremerton residents will enjoy and appreciate some of their active community participation. Mr. Neville questioned in taking over is Falcon proposing any changes in personnel? Mr. Hackland stated he was not aware of any personnel changes that would occur, however, he could not promise that. He personally had not heard anything but "good things" about Ms. Gold. Mr. Nevillequestioned if there would be any changes to the Channel line up...increasing or decreasing the number of channels and programming? Mr. Hackland stated probably in the future they would increase the programming. There are so many technical improvements happening that most of the systems are increasing the line ups. He recently discovered the City is currently in the middle of franchise negotiations with Olympic Cable. During those negotiations that would obviously be a question the Council would ask and would want an answer as to what Falcon will do in the future. Mr. Nevillequestioned if Mr. Hackland anticipated rates being raised? Mr. Hackland stated he did not have an answer, however, currently the FCC mandates cable TAPE #1048 City Council Reg. Mtg. Minutes August 12, 1992 Page 15 of 18 companies can have a legitimate 5% increase (maximum) per year. The majority of cable systems he is aware of do take that five percent. Mr. Neville noted from inquiries made as to Falcon's mode of operations they received a newspaper clipping from the March 10 issue from Roseburg, Oregon, stating: "Roseburg has the highest monthly rate for cable television among Oregon's 25 largest cities and is tied for last in the number of channels offered". The article also stated: "...since cable television was deregulated on December 31, 1986, the consumer price index in Portland has increased by 23% but during that same period of time cable rates for basic service has increased by an average of 56%". He questioned if that type of services slated for Bremerton? Mr. Hackland stated he was familiar with the Roseburg, Oregon system, not necessarily their rate structure. Falcon Cable per say does not have a standard rate that is used from system- to-system. For instance the system in Astoria, Oregon and across over to Long Beach, Washington have one of the lowest rate structures in the state, likewise with Coos Bay, Oregon. There is no standard as far as rates existing between cable companies or between different franchises or between different regions. Rates are determined "where'they are now", what it will take to increase programming because that may be what subscribers want, and to maintain the equipment and system. There are many people who feel cable rates are too high and/or they went up too rapidly. He had the feeling that rates were artificially low to begin with and they have gone up with adjustments being made to programming and services that exist now. This particular subject is before Congress at the present time and legislation will be presented to the President within approximately one month; and it will be his decision whether to veto or not veto that legislation. That legislation states regulation of cable service would be under location jurisdictions authority. As it is exists now, it is convoluted and complicated for city regulators and cable personnel to understand exactly what it means. Mr. Neville questioned if Falcon would continue to be involved in community programs, such as filming local sporting events or community accessing? Mr. Hackland stated he believed that would be part of the negotiations between the City and the franchise. They do have such programming in Hood River and will be instituting a new local show for just that area. He is trying to get that idea across for implementation every where. Mr. Neville questioned if a sizeable financial budget would come along as part of this.transfer? Mr. Hackland stated the budget Falcon is bringing is the 15-16th largest in the country and because Bremerton will be one of eight partnerships, will gain the benefit of those other eight in addition to the asset that current exist that will improve the TAPE #1048 City Council Reg. Mtg. Minutes August 12, 1992 Page 16 of 18 ability of the local manager. Mr. Collins stated Olympic has been rather reluctant to make major repairs required of the system in order to carry the Wednesday night City Council meeting. We are very jealous of insuring all of our citizens have access to Council meetings. He guestioned will it be your management philosophy and policy that Channel 35 will be up and running 100% of the time or will it be the lax attitude that Olympic has? Mr. Hackland stated he did not want to get into the position of condemning or applauding Olympic Cable. Falcon has adopted certain service standards for the eastern part of Oregon and Washington. If a program goes out over a certain period of time, someone will lose their job - we just don't put up with that. I must say we do that in conjunction with the City Council. Letters will be sent out to customers saying if they are not satisfied with the cable service and product and can't get a reasonable answer from the cable firm to contact the City. Mr. Overson pointed out the City is dealing with Falcon Video Communications but the brochure lists some 20+ different organizations none of which is Falcon Video Communications. He questioned where one could learn where Falcon Video fits into all of this? Mr. Backland stated the City was provided a document -business overview of financing and the partners of Falcon Video Communications. That document delineates exactly who is a member of Falcon Video Communications. Mr. Overson questioned if Mr. Hackland was saying Falcon Video Communications was the parent of this whole group or that it is one of the little elements? Mr. Hackland stated the franchise transfer being requested will be transferring Olympic Cable to this new entity - Falcon Video Communications. Mr. Overson stated as an example, he could go to Big Bear California and they are serviced by the same organization as servicing Cedar Town, Georgia. Those kinds of spreads are interesting to him so for curiosity he would compare services; and if Bremerton is in the same group what kind of service can we expect? Mr. Ha~klan~ stated what Mr. Overson is asking is what kind of service will you have and why we guarantee that kind of service. Falcon is now in the process of purchasing 4-5 other systems, some in Idaho and some in the midwest. That will be the composite of this group. The same CEO, Frank Entico, and Mark Nathason, the same President will overview this system as they have since 1975. He had no hesitation in saying City services will be tops. He understood there is more than one cable company in this area and he believed Bremerton would see as good if not better service from Falcon than anywhere else. TAPE #1048 City Council Reg. Mtg. Minutes August 12, 1992 Page 17 of 18 Mr. Colvin questioned what assurance did the City have that Falcon will maintain the public access programming?' Mr. 8ievers stated that is a condition of the franchise and they are obligated to provide that community access. Ms. McCluskey stated the documentation in Council's packet did reference the franchise with Olympic, however, it also references the Master Franchise, which is a 32 page document that delineates what Mr. Sievers is speaking about. If the subject ordinance is approved and the transfer goes through, that Master Ordinance becomes part of their requirements as well. Mr. Hackland noted Falcon has requested that the transfer of the franchise be brought over to Falcon with no changes, therefore, what the City has now will remain until something else is renegotiated. President HoTton stated if Falcon is taking over the same territory as Olympic you will be servicing urban Bremerton, parts of Silverdale, etc. She questioned if Falcon anticipated charging different rates for the urbanized areas as opposed to the rural areas, or will they charge a blanket rate for everything? Mr. Hackland stated as familiar as he is with the Falcon system it would be a blanket rate. He has not seen different rates based on rural or metropolitan locations. President Herton stated so in essence the City of Bremerton and other urbanized areas will be "paying the freight" for rural areas where service is more expensive because of more miles of line and during winter storms there are more service calls out to rural areas. Mr. Hackland stated yes, and Ms. Horton brought up the exact same point as the Manager of Sandy, Oregon brought up last week. It is one tied system that goes from a headend out directly to every home that it passes. In Falcon's instance, if service is more than 300 feet from a residence, the resident has to pay. President Hotton questioned since Falcon anticipates a blanket rate, what kind of added benefits can we anticipate for the City of Bremerton because we are "carrying the freight" for the rural areas? This is an issue that is not only with cable. It has been revealed the City is subsidizing County garbage service - City~s rate is 30% higher than in rural areas where a pick up is one every 2-3 miles as opposed to one pick up every 100 feet. She is very tired of subsidizing uncontrolled growth and rural services, and unless you can demonstrate to her that you will provide more service to the City of Bremerton to make up for that blanket rate then she couldn't support this proposal. Mr. Ha~kland stated Falcon does make up a lot of that difference by charging other people more than it would cost here for installation because of the density. He pointed out the City had been with Olympic Cable for a number of years and the services they currently provide is a service the City will have and/or better until the franchise is renegotiated. #0670 i TAPE #1048 City Council Reg. Mtg. Minutes August 12, 1992 Page 18 of 18 Falcon would be quite foolish in getting a franchise now and during the renegotiations process not listening to concerns and not following up on those concerns after paying this amount of money for a franchise. He felt President Horton's points were well taken and there would be a prime opportunity and forum to tell Falcon what these concerns are. Mr. Collins stated what Council was expressing at this time is a "heads up" to Falcon on issues that are of concern to the City in providing the best service to City residents. Mr. Hackland stated due to his business background, he was aware of the City's position, particularly when budgets get tighter and you want more than what was previously given. He stated his short term with Falcon has been very gratifying because they want to go that extra yard to provide service. Without your concerns and you bringing these issues forward, they won't know exactly where you will go. They will appreciate the City's leadership. He specifically needs to know how this process will go on. Ms. McCluskey explained the ordinance will come back for a second reading on August 26. She also needed the closing date of the transfer or an adjustment needed to be made to the ordinance so that it is effective at the time the sale takes place. Public comment - none. M/S/C/U(Dawkins/Colvin) to approve Ordinance, on first reading, amending Ordinance #3981 as amended by Ordinance No. 4206 to authorize transfer of said franchise from Olympic Cablevision Limited Partnership to Falcon Video Communications, Limited Partnership. With no further business meeting adjourned at 7:33 P.M. KATHLEEN L. McCLI'SKEY, City Clerk ~HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault