HomeMy WebLinkAbout03092015 City Council Minutes City ofSeward,Alaska City Council Minutes
March 9, 2015 Volume 39, Page 486
CALL TO ORDER
The March 9, 2015 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag.
ROLL CALL
- There were present:
Jean Bardarson presiding and Marianna Keil
Ristine Casagranda Christy Terry
David Squires Dale Butts
Iris Darling
comprising a quorum of the Council; and
Ron Long, Assistant/Acting City Manager
Eric Wohlforth, City Attorney
Will Earnhart, City Attorney
Johanna Kinney, City Clerk
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Bill Hearn spoke on the drug and alcohol policy resolution before the council tonight. He
stated only hiring or rehiring employees not using marijuana in the last 30 days did not ensure a safe
and productive drug free environment. Hearn shared that he was first hired by the United States
Postal Service in 1967 on a seasonal interim. He was hired a total of six times until he joined the
postal service full time in 1979. Hearn stated he would have never passed a drug test for marijuana
during any of these hiring periods. When he retired in 2005, he had accrued over one year of sick
leave,and he was never hurt or injured on the job. Hearn felt revising the policy was not in the best
interest of the city; he hoped council didn't rubber stamp this resolution tonight. He reminded
council that the voters of Seward passed the ballot measure to legalize the use of recreational
marijuana.
Jody Tuck, Chair of the Seward Recreation Committee,thanked the council for increasing
their number of members to seven.Tuck reported on three different action teams the committee was
working on: 1) improvement of the community events calendar, 2) bringing an ice rink to Seward,
and 3)winter recreation and promoting Seward.Tuck stated since the community event calendar was
now successfully launched through the Chamber, that action team would likely disband; however
City of Seward, Alaska City Council Minutes
March 9, 2015 Volume 39, Page 487
they were seeking volunteers to work on this website. The committee intended to come back to
council at a future date to ask for funding and support for an ice rink. In addition to these action
teams, the recreation committee had spent several meetings providing input on the Parks and
Recreation Master Plan. They were also inquiring about extending the public hours at AVTEC and
possibly allowing public use of their student fitness room. Tuck thanked the council for the
opportunity to serve on the Seward Recreation Committee.
Tim McDonald took a tour of the RN Sikuliaq and found it to be a great tour.The amazing
thing about the vessel was the cutting edge technology.He asked if they could scan the bay to show
mapping of the earthquake damage. The Sikuliaq had ground penetrating radar, which might be
helpful for developing the Seward Marine Industrial Center(SMIC). McDonald suggested the city
provide a baseline environmental assessment for Resurrection Bay.He hoped the city would work to
have the best city possible with new environmental practices like the bio-drying process he
mentioned in a previous council meeting.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
The following items were added under"Other New Business":
Schedule a Work Session with Providence and the Seward Community Health Center to
discuss grant possibilities.
Direct staff to send a letter of support for a volunteer community hospice program.
Discussion on council travel to Washington, D.C. in April.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the February 23,2015 Regular City Council Meeting Minutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards -None
Borough Assembly Report. Sue McClure reported the assembly had a long meeting on
February 24, 2015 where they heard many hours of public testimony on a proposed ordinance to
prohibit commercial cultivation of marijuana outside of city limits in the borough. The ordinance
was ultimately defeated.McClure stated many had concerns with making policy before the state was
finished making their laws on recreational marijuana use and cultivation.A resolution would soon be
coming to the assembly to join a task force with other communities in the borough regarding
marijuana legalization. McClure expended much testimony at their upcoming March 17, 2015
meeting over repealing the seasonal sales tax exemption on non-prepared foods in the borough.The
City ofSeward,Alaska City Council Minutes
March 9, 2015 Volume 39, Page 488
thought behind this ordinance was to put the lost money from the sales tax exemption back to the
schools,which borough sales tax was dedicated to. There was also a substitution ordinance on the
table to amend the exemption to a six month period instead of the current nine month period.
.McClure said the assembly was also considering an ordinance sponsored by her and the mayor to
allocate$50,000 to the City of Seward to craft a new comprehensive plan.The assembly will also be
approving a new member to the Seward Bear Creek Flood Service Area Board.
City Manager's Report. Assistant and Acting City Manager Ron Long referred to the
written report in the packet, and noted a new harbor report was laid down before the council.
Public Works Director W.C. Casey gave a brief update on the sludge removal project.
Merrell Brothers' equipment was on the barge and was expected to arrive in the state next week.
Staff was scheduling some additional aeration and dosed the pond with extra calcium nitrate per
some new reports of odors coming from the lagoon. Dissolved oxygen levels were exceeding nine
parts per million,which was good but not unusual for this year. Council and the public were always
welcome to contact him for any updates. Merrell Brothers applied for a land use permit for sludge
disposal and a decision on that permit was expected by the end of this month, so no work on the
project was expected to take place until the end of this month.
Long congratulated Planning Technician Dwayne Atwood for completing an advance flood
plain management course by FEMA.Last week,Long attended had a kick-off of a series of meetings
in Seward with Arcadis Consultants and the Alaska Industrial Development and Export Authority
(AIDEA)for the Seward Marine Industrial Center(SMIC)expansion project.These initial meetings
and questions will generate more meetings and questions.The next step was to compile information
and host some public meetings on the SMIC expansion project.
In response to Terry, Long stated the recent power outage was a result of a tree caught in a
power line. He was unsure how long the city was on generation power, but he knew staff got the
generators fired up in about 45 minutes. Terry liked the written city manager reports in the packet,
and would also like to see the Electric Department provide information on various projects,including
moving the transformers, on a monthly basis.
Casagranda asked if Merrell Brothers had been granted the necessary permits to conduct the
sewage lagoon sludge removal project,Long stated the company had permits granted to dispose of
the material at the landfill, and now they were waiting for permit approval for disposal at different
location.That permit process was currently in the public comment period,so they would have to wait
to hear on the status of that permit.
Darling asked what positions were open in the city. Long knew of the Park Operations
Supervisor and the Assistant Finance Director.
City Attorney's Report.Will Earnhart stated worked on numerous small personnel issues,
solid waste matters, street lights, and code revisions on the personnel policy. They were nearing
completion on a lease with the Alaska Railroad Corporation at the Small Boat Harbor.
Other Reports, Announcements and Presentations
City of Seward,Alaska City Council Minutes
March 9, 2015 Volume 39, Page 489
Semi-Annual Report from the Planning and Zoning Commission.A written report was
submitted in the City Council Agenda Packet.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
Resolution 2015-016,Approving The Revised City Of Seward"All Employee"Drug,Alcohol
And Marijuana Policy.
Motion (Terry/Keil) Approve Resolution 2015-016
Long said there wasn't much new or different with this policy which was last revised in 2009.
It changed the reference to marijuana since it was now legal to use recreationally in the State of
Alaska. It did not change the city's policy on its use of it, however. Staff took this opportunity to
review the policy at this time as well.Long further explained that there were two policies in the city,
one for the employees who needed a federally regulated commercial driver's license,and one for all
employees.The all employee policy addressed testing for pre-hire and post-accident and did not have
latitude in it for random testing like the federally regulated policy did.
Motion (Terry/Casagranda) Amend Resolution 2015-016 by laydown:
1. Adding the following sentence to
section I. A. 3. C. of the policy:
"However, this policy does not preclude
consuming alcohol at social or business
functions where an employee is
representing the City of Seward and.
where alcohol is served. Even at these
functions, however, employees may not
consume alcohol to the point of
intoxication, to the point where they
endanger their own safety or the safety of
others, nor may they consume alcohol if
they are going to drive. In addition,
employees must always conduct
themselves professionally and
appropriately while on City business."
2. Adding the words to section I. D. 1.
A. of the policy: "A pre-employment
drug test of all prospective employees
for any position, and for all
promotions/transfers..."
City of Seward, Alaska City Council Minutes
March 9, 2015 Volume 39, Page 490
3. Removing the following language
from Section I. D. 3. A. of the policy:
4. Striking $44100 and replacing with
$2.500 in Section I. D. 3. A. of the
policy.
5. In section VI of the policy,strike the
following definition of a Safety Sensitive
Position: "'
B, C, ctc." and replace with: "is as
defined and listed in Section I.A. L."
Motion to Amend Passed Unanimous
In looking at the policy, Darling didn't understand why the city would reserve the right to
suspend or terminate if someone came to work on the job impaired and why that wouldn't be an
automatic termination.
Butts asked about the safety sensitive positions listed in the policy and other positions not
defined as safety sensitive. Long said this was a list of primary safety position in addition to those
who had access to results of drug tests like himself and the Personnel Officer.He said this covered a
huge portion of the employee pool. Long said drug investigations and confidential information for
drug testing was considered public safety information. This was created because there was no
definition earlier to a safety sensitive position.
Squires asked about those who worked in the Parks and Recreation Department who worked
with children and transported children in the Teen and Youth Center(TYC)vehicles. Earnhart said
the positions listed were the typical safety sensitive positions.He noted the positions listed were in a
position of making quick judgments and decisions. Terry added the TYC staff did drive children in
vans.
Motion to Amend (Terry/Squires) Amend Resolution 2015-016 by adding
"Parks and Recreation Teen and Youth
Center personnel driving city vehicles" to
the list of safety sensitive positions on
section I. A. 3. L. of the policy.
Motion to Amend Passed Unanimous
In response to Casagranda, Long stated the policy addressed legal drug use, which would
include medical marijuana use.
In response to Squires, Long stated his goal was to have a handful of employees trained on
how to handle a situation where reasonable suspicion was present.
City of Seward, Alaska City Council Minutes
March 9, 2015 Volume 39, Page 491
In response to Bardarson, Earnhart said under the federal government marijuana was still
considered a controlled substance, but it was possible that may change in the future.
In response to Squires,the Seward Community Health Center employees were not under this
policy.
Motion to Amend (Terry/Casagranda) Amend Resolution 2015-016 by adding the
following wording to section I.D.3.B.ii.of
the policy: "An employee who is subject to
post-accident testing shall not consume
alcohol, drugs, and/or marijuana for 8
hours after the accident...."
Motion to Amend Passed Unanimous
Motion to Amend (Butts/Casagranda) Amend Resolution 2015-016 by making the
following changes to section I. D. 1. A. of
the policy: Pre-employment drug and
alcohol tests of all prospective employees
and promotions/transfers to safety sensitive
positions,will be conducted.Failure to take
and successfully pass the urinalysis drug
and an evidential breath test shall disqualify
the employee of employment."
Keil said she would not support this amendment because she believed it was subjective.
Motion Passed Yes: Darling,Terry, Squires, Casagranda,
Butts, Bardarson
No: Keil
Motion to Amend (Terry/Casagranda) Amend Resolution 2015-016 by adding the
following language to section I D. 2. C. of
the policy: "Failure to take and successfully
pass the urinalysis drug test shall disqualify
the employee of employment:,_tor a period
of at least one year from date of failure to
take test or failed test."
Motion was withdrawn by Terry and Casagranda with no objection from council.
Main Motion Passed Yes:Butts,Terry,Darling,Keil,Bardarson
No: Squires, Casagranda
Other New Business Items
City ofSeward,Alaska City Council Minutes
March 9, 2015 Volume 39, Page 492
Schedule a work session to continue the discussion on attracting more fishing vessels to Seward
and invite the Port and Commerce Advisory Board to attend.A work session was scheduled on
April 1, 2015 at 12:00 p.m.
Council recessed 8:51 p.m.
Council resumed 8:55 p.m.
Providence Seward Medical Center Preliminary Financial Reports through November and
December, 2014. (postponed from the February 23, 2015 meeting) A report was given by the
Finance Director.
City of Seward Preliminary Financial Reports through December, 2014. (postponed from the
February 23, 2015 meeting) A report was given by the Finance Director.
Schedule a work session with Providence and the Seward Community Health Center to discuss
possible grant applications. A work session was scheduled March 23, 2015 at 5:30 p.m.
Direct staff to send a letter of support for a local volunteer hospice program. Council directed
administration to prepare a letter.
Discussion on council travel to Washington,D.C. Bardarson said the tentative plan was to be in
Washington, D.C. April 13-15, 2015 and then to Seattle for a couple of days to participate in the
Chamber of Commerce's annual partners trip. The Mayor, Vice Mayor, and city administration
would be attending.
INFORMATIONAL ITEMS AND REPORTS
Plaque presented to the University of Alaska Fairbanks during the Commissioning Ceremony of the
R/V Sikuliaq.
COUNCIL COMMENTS
Keil said Representative Mike Chenault would be in Seward on March 21,2015 for a town
hall meeting at the Library Museum. The new legislative pocket directories were now available.
Permanent Fund Dividend paper applications were available at the Legislative Information Office.
She didn't want anyone to miss out on the permanent fund so she hoped people would encourage
others to come in and apply.
Terry thanked the Seward Fire Department for inviting the council to the annual awards
banquet. It had been great having the R/V Sikuliaq in its home port.
Butts thanked everyone for their public comments tonight. He congratulated Austin
Chapman who won Distinguished Service Award,Mike VanderVegt who won Firefighter of the
Year, and the two Chief Awards given to John Underwood and Mike McHone.
City of Seward, Alaska City Council Minutes
March 9, 2015 Volume 39, Page 493
Casagranda thanked the Seward Fire Department for the awards dinner, and noted it was
truly amazing to see what they did for the community. She thanked the Electric Department for a
quick response during the power outage yesterday. She wished everyone a Happy Spring Break and
to be safe.
Squires passed congratulations for the firefighter award winners. He thanked council for
attending the event; it was flattering to see them there.
Darling appreciated being invited to the firefighter banquet and was disappointed she
couldn't attend at the last minute. She thanked them for the calls they respond to, like the one early
this morning.
Long said since the R/V Sikuliaq and AVTEC were based in Seward and had ice training
capabilities, no one could argue Seward was not an arctic port.
Bardarson thanked every member of the Seward Volunteer Fire Department for their
banquet and for their long service on calls like today. She thanked those who championed the efforts
to bring the Sikuliaq to Seward.
CITIZEN COMMENTS
Tim McDonald stated the last time the electric utility was appraised it was worth$18 million
and it could be worth more now. He was sure the appraisal on the sewage lagoon was high as well,
but he wasn't sure it was high enough to put $8-10 million into it for repair. McDonald felt the
reasoning to spend funds because they were grant funds shouldn't be an excuse:He wondered if the
city was going in the right direction on the sewage lagoon. He spoke on the marijuana initiative
passed in the state. McDonald said his research found it to be a miracle plant and 50%of medicines
used to have THC contained in it. Hemp had a high quality use.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Keil said in the early part of the century,cocaine was used in many medical practices as well.
EXECUTIVE SESSION
Motion (Terry/Keil) Go Into Executive Session To Discuss The
City Attorney's Evaluation.
The City Attorneys were invited to stay.
Motion Passed Unanimous
Council went into executive session at 9:35 p.m.
Council came out of executive session at 10:14 p.m.
City of Seward,Alaska City Council Minutes
March 9, 2015 Volume 39, Page 494
ADJOURNMENT
The meeting was adjourned at 10:14 p.m.
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