But, you decide. Is Phil's discussion with the commission a conflict of interest?
Gustafson: You had some other business or old business.
Barlow: Yeah, you know, I would say probably one of them is back in August of 2005, I came to this body and there we were told at that time that a concessionaire agreement was going to be made for the BMX track. At the time, I called every single month for over a year; Tim told me every month [unintelligible]. Every month he would say, “call me next month, that concessionaire agreement will be made.” Because a concessionaire agreement has to go out to public bid so it’s not like I’m asking for something personally or trying to make it, or have an agenda on my end. For one thing, it’s not much of an agenda because BMX track doesn’t make any money, so there’s really no agenda to that part of it.
The other thing is, is, um, I was looking in our minutes and I seen that Tim did ask about, ask you guys, let me see, here, [reading from minutes] “Council Morten asked Whitcomb to inform commissioners that -- about the progress. Barlow added some information. Costs are being compiled. Whitcomb will keep the group [unintelligible] as it is progress, no action is required of the commission. Homan asked if the commission has any concerns about the city funding this project with the council approval. There was none expressed.” So, I just want to make sure that everybody still has that same concern.
[Silence, then two or three people start to talk, not intelligible; Barlow talks over them.]
We need to be brutally honest. We should be brutally honest at this time.
Gustafson: No, no, no. What was the --
Barlow: We’re talking about $4400.
Gustafson: -- were we talking about concession --
Barlow: No, but, to have the track builder come in and complete the track.
Gustafson: Well, your brother came in and was gonna have dirt dumped there --
Barlow: And, that’s what, that has been being done.
Gustafson: -- and at that time we said -- it has or has not?
Barlow: It’s done, pretty much.
Gustafson: They’ve already hauled dirt in?
Barlow: Yeah, we’ve done that.
Gustafson: I need to drive by there a little more than once a week, then. We had no problem with it. But, what you, you know -- we’re a community. If the kids can play or have something to do, I’m all for it. It’s just that it sat and sat and sat and nothing’s happened. I mean, it, we could go on and on --
Barlow: We could go on and on about that issue, I mean I can, I have documents of me coming down many times and trying to make some kind of arrangement. Talking to Brian. Brian would not allow us to go down and mow the lawn, that’s a fact. You know. So, there was a lot of things that really got, you know,and now I’m in a really, you know, weird position, now I’m a councilor and I don’t want people to feel like I’m trying to force my way through something, but I’m telling you I’m so frustrated over the issue because it’s lasted for so long that I’m now (laughs) I am here pushing this forward because I’m tired of waiting.
Brewington: I mean this in the nicest way --
Barlow: Go ahead, John.
Brewington: I don’t know what’s happened to it. I mean, I’d be frustrated if I were you, too, as well. But, for you to address us about it and for us to make a recommendation that goes back to the council --
Barlow: Uh huh.
Brewington: -- I think is a serious conflict of interest for you.
Barlow: I, I don’t believe it is at all. I mean, if you, if you --
Brewington: I, I --
Barlow: How can that be?
Brewington: It’s your personal business --
Barlow: Hold on John.
Brewington: It’s your personal business --
Barlow: No it’s not.
Brewington: You’re a supervising body for this organization --
Barlow: I understand that.
Brewington: -- and so, you’re coming in and asking us to do something that can affect you personally, I think it’s a conflict of interest.
Barlow: Well, you know, I guess we could --
Brewington: Whether it’s --
Barlow: Hey! We could go on and on about that in the City of St. Helens of people that are elected right now that have personally benefited from this city. I mean, there’s facts to that, so I’m saying --
Brewington: I understand that, but I’m talking about this one specific issue.
Barlow: Yeah, but how am I, John, how am I personally benefiting?
Brewington: It’s your business --
Barlow: No, but how, I mean it’s a, you’re talking about an organization, BMX racing, that we nearly paid for every time we race because we have to pay a sanctioning body. That’s even if I get the concessionaire agreement.
Brewington: I understand all that, Phil. It’s not that I have any disagreements with the organization or anything like that. I have disagreements with the process you’re going through right now, where you are addressing a body that reports back to you. It’s basically—-you’re giving us direction to --
Gump: I would suggest that your brother would be the one who --
Barlow: Exactly, that’s what I’ve been trying to he’s a supervisor, he’s at work --
Gustafson: How about if he wrote something, signed his name to it.
Gump: Because you bringing it up does make it look like a conflict of interest.
Barlow: That would be fine, but I still believe that, that, that I believe there is no conflict of interest and I guess we should get our lawyer and ask him that.
Brewington: You should ask Andy.
Barlow: Yeah, I’m gonna ask Andy because I don’t think there’s a conflict of interest.
Brewington: I have no problem with addressing the issue and I’m really kind of concerned about what’s happened to it, too.
Barlow: That’s fine. Because it may not be us. That’s where the whole thing is. That’s where I had the discussion with the mayor. We may not get this concessionaire agreement. So, for you to, for anybody, for this body to assume that what I’m doing is for personal gain to me is a slap in my face.
Brewington: No, no, no, you’ve gone way beyond what I was trying to tell you.
Barlow: No, it is, because this is for the people. The citizens. The kids.
Brewington: I have no problem with that. What I’m trying to tell you is that we basically report to you and Doug and Keith and you are addressing the board about an issue that affects you personally.
Barlow: I don’t believe that.
Brewington: You don’t believe that.
Barlow: No.
Brewington: But, maybe you should --
Barlow: Ok, maybe I should get a cell tower at my house and see how that affects me and maybe I can get money every month, I mean, no, come on. Let’s just go on, John.
Brewington: I don’t want to debate ethics law, I’m just here to say I don’t think it’s appropriate for you to talk us about this.
Gustafson: I’ve heard your request. Ok?
Barlow: Right. And, I guess if we go by this then it was already a done deal and I shouldn’t ever even have showed up. You know what I’m saying?
[unknown]: No, no -- you, you --
Barlow: You guys have already accepted the recommendation to the council from the last time. I guess that’s what you’re saying. I guess I should never even have showed up. I’m sorry. I just don’t understand what, why you believe this is a personal thing.
Gustafson: I didn’t say that.
Brewington: I don’t believe this is a personal thing.
Barlow: No, no, no, you believe, John, you believe it is an agenda. You believe I have a personal agenda.
Brewington: I have nothing to do -- I am addressing the general concept of a city councilor coming to an advisory body that reports back to a city council with an issue that involves him and his business. That’s all I’m saying.
Barlow: But it doesn’t involve me.
Brewington: Well, I think that’s something --
Barlow: We’re facilitating. Like I said last time. We have washed our hands of this, John Brewington.
Brewington: Then why are you bringing it up? If you’re not --
Barlow: Because we are facilitating it. We have a right to facilitate it because the council told us we could facilitate it. Doesn’t mean that we’re going to run it.
Brewington: Then, I think it would be better if the issue -- if Doug or Keith would bring us the issue, rather than for you to do it.
Barlow: Ok. From now on --
Brewington: I have no problem with it. I don’t know what’s going on. I don’t know why it hasn’t been brought back to us. I don’t know what’s going on with it. I would love to --
Barlow: I don’t know either, John. I’ve been asking about it, like I said, for a full year I called Tim, every single month, from '05 to '06, but then I started to run for city council (laughs), but I’ve never seen any action. I know Kevin is supposedly working on a concessionaire agreement right now.
Whitcomb: No, I finished the concessionaire agreement, months and months ago. I gave it to Tim. I don’t remember, somebody asked him in my presence, where it was and he said the lawyers were looking at it and as far as I know it’s been in the lawyer’s office for nine months.
Barlow: Well, if you guys believe it is a conflict of interest, then that’s fine, then from now on Doug or Keith can handle this. That’s fine.
Whitcomb: Well, I think you should check with the lawyer.
Barlow: We will.
Whitcomb: I can see where it could be, but the concessionaire agreement is going to be an agreement that could go to anybody. I mean, we put it out for an open bid and anybody can try for the concessionaire agreement.
Gustafson: It’s gotta be put out.
Whitcomb: Exactly, but we don’t know if he’s even gonna try for it, his business is even gonna try for it. It’s a good point.
Barlow: I fully disclosed -- I mean, yeah, we probably will try for it.
Brewington: It’s not a personal thing. I just know a little bit about the ethics law and I’m really uncomfortable with doing it that way.
Whitcomb: On top of all that, who knows what’s going to come out in the paper or come out in the other website newspaper, so you never know what’s going to come out and it would probably be better to err on the side of caution.
Barlow [on his way out the door]: Well, thank you for listening.
Gustafson: You’re welcome.
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