HomeMy WebLinkAbout02122018 City Council Minutes City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 358
CALL TO ORDER
The February 12, 2018 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor David Squires.
OPENING CEREMONY
Corporal Patrick Messmer led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Squires presiding and
Marianna Keil Ristine Casagranda
Sue McClure Suzanne Towsley
Jeremy Horn
comprising a quorum of the Council; and
Jim Hunt, City Manager
Brenda Ballou, City Clerk
Will Earnhart, City Attorney
Absent— Slater
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Cliff Krug wanted to share the results of the Seward Second Saturday event last Saturday;it
was successful, with 34 businesses involved, although some reports were not as successful as
January results. Social media promotions proved to be very successful;March 10 and April 14,2018
were the next dates. There would be a Seward Business Network meeting on Thursday,February 15,
2018. Regarding Resolution 2018-012 for the Historic Preservation Commission on the agenda
tonight, Krug said he was available if council had any questions.
John Moline said misconduct, incompetence and failure to perform were the only grounds
for council recall. He said he had spoken before council one year ago with a concern about noise
violations that affected his business.Now he wanted to say that Safeway had been conducting diesel
generator testing every Thursday for the last five weeks at 4:00 a.m.Moline said there was an illegal
bear bait station outside of Safeway that he had been trying to bring awareness to. He said the city
hired a local business to clean city-owned parking lots,rather than use its own staff and equipment,
and was concerned that the business was using an unlicensed, uninspected vehicle to do the work.
Moline felt there was discrimination in the city against people who were not "related to local
hierarchy"; he said it was council's job to correct mismanagement.
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 359
Laura Schneider said there would be a public relaunch of the Seward Marine Industrial
Center(SMIC)on April 20 and 21,2018. There would be a welcome reception,an open house with
local vendors, and tours conducted around SMIC. The purpose of the event was to inform the
community about all the improvements that had been made, to promote SMIC to attract new
businesses, and to recognize and celebrate all the hard work that had been done.
Lynda Paquette said she was here to ask for an update, from the city's point of view, on
Lowell Point Road,especially as it related to upcoming summer traffic. There were now at least 12
school-age children living in that community.
Maya Moriarty was concerned at the last meeting about people's motives, and so she had
recently submitted a Freedom of Information Act(FOIA)request for all FOIA cover sheets for 2015-
2018 to date; she wanted to bring attention to what she thought was a pattern of targeting the city
manager, among others. She wondered what the motives were, and if there was some kind of
conspiracy going on,and she was against micromanaging post-travel documents.Also,regarding the
concept of a sports rink, Moriarty thought it had a good chance of developing.
Norm Regis mentioned that next Wednesday the Port and Commerce Advisory Board
(PACAB) would have a work session, and he invited the public to attend; there would be a
discussion about the South Harbor Launch Ramp Replacement Project. Regis also requested for
council to hold have a work session to obtain additional public input on the project.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Keil expanded the work session topic to discuss the Seward ice rink to also include discussions on
the animal shelter, the Bittick bike park, and outsourcing some of Parks & Recreation functions.
Keil changed the topic of the work session from"...with the Alaska Public Employees Association
(APEA)"to "...discuss city employee eligibility for the union."
Casagranda pulled the Executive Session to discuss the contract for the City Attorney. Council
objected, and the item remained on the agenda.
Squires added an item under Other New Business to schedule a work session to obtain public input
for the South Harbor Launch Ramp Replacement Project.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2018-010, Appointing Riley Shurtleff As The Deputy City Clerk.
Resolution 2018-011,Authorizing The City Manager To Enter Into A Sole-Source Agreement
With Potelcom Supply For The Purchase Of Electric Watt-Hour Meters To Support The
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 360
Meter Replacement Project Scheduled To Begin April 17, 2018 For $59,010, And
Appropriating Funds.
Resolution 2018-012, To Accept Funds From A FY2018 Historic Preservation Fund Travel
And Training Grant From The Office Of History & Archaeology In The Amount Of$2,701
With A Required Match Of$2,495 From The City, And Appropriating Funds.
Approval of the January 22, 2018 Regular Meeting Minutes.
Appoint Cheryl Seese to the Historic Preservation Commission with a term to expire in May,
2019.
Non-objection to the renewal of the following liquor license: #3909 Package Store for Seward
Marketplace.
Non-objection to the renewal of the following liquor license:#2683 Package Store for Gateway
Liquor& Food Mart.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards—None
Borough Assembly Report.Kenn Carpenter the school budget had been addressed at the
last assembly meeting; the school board was counting on the state flat funding the borough's
school district. The Borough Assembly and the Borough School District have been working
together very tightly to get ahead on preparations for the budget.The North End Road for Nikiski
was out to bid. Mayor Pierce discussed about the skate rink in Seward; the borough would be
providing Mica Van Buskirk with information from Homer's ice rink funding to assist with the
Seward project.
McClure clarified the North End Road in Nikiski was important because it would allow
people who owned land in the Gray Cliff and Moose Point subdivisions to access their land out
there.
City Manager Report.Jim Hunt stated the following purchase orders between$10,000 and
$50,000 had been approved by the City Manager since the last council meeting: $13,211.55 to
Electric Power Constructors for the Fort Raymond generator relocation project; $36,225 to Merritt
Enterprises for annual janitorial services at the harbor; $48,740 to Transpac Marinas,Inc. for flexi-
fend hardware freight and installation for SMIC moorage floats;and,$30,317 to Kendall Ford for a
new plow truck approved by Resolution 2018-003.
In response to Casagranda,Electric Utility Manager John Foutz said there had been some
miscommunications with the vendor for the generator relocation project.The vendor did the work in
November 2016,and the grant had been closed out,but this was residual balance owed. In response
to Squires,Foutz said the vendor had misunderstood the city's inquiry about the project being done
versus the invoices all being paid.
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 361
Regarding the Seward Community Health Center City Coordinating Committee,Casagranda
wondered if council could have a discussion about anyone else being interested in taking over the
role of liaison. Squires requested this be brought forward at a future council meeting for discussion.
Casagranda wanted to follow up from the last council meeting on her inquiry about
encumbered funds, and Erchinger explained that encumbrances lapsed at year end, and would be
required to be re-encumbered in 2018, so there were no encumbered funds from 2017.
Regarding the 2018/2019 budget books,Erchinger said she had been diligently trying to get
the budget books out,but as she had mentioned at the last council meeting,public records requests
had taken over as her priority; Erchinger thought they would be done yesterday or today, and
promised council she would get them done as quickly as possible.Erchinger explained that the final
budget books always included the pay scales and the list of positions by department.Erchinger said
the foot notes did not follow to the final budget document, but were provided for council's
edification during the planning process.
In response to Casagranda, Erchinger said when a city job opened up, by code, all active,
current employees received notice of the opening via email; after five days, the position was
advertised to the public. City job openings were always posted on the city website,and may also be
advertised in Seward City News or the Seward Journal, depending on the position. Casagranda
requested to be included on the email list.
McClure inquired how the city manager felt about the city's response to the recent earthquake
and tsunami warning. She had listened to the radio during the event,and understood that the police
dispatch could override the tsunami announcement system to tell people what radio station to turn to;
she wondered if the city was prepared to do that. Hunt said Fire Chief Eddie Athey was out sick
tonight,but otherwise was going to address the debriefing that was conducted immediately following
the event which Hunt said he didn't attend. Hunt expected Athey would be at the next council
meeting to discuss.However,Hunt said he had attended the tabletop exercise that Athey conducted,
and noted the result of that exercise was a concerted effort to upgrade equipment and establish a
duplicate location at Mountain Haven.There was opportunity for more training and communication,
identification of redundancies, and potentially establishing a list of non-city personnel who had
critical capabilities and who could come and help out.
In response to Towsley,Erchinger said the creation of new positions required the approval of
council by resolution or through the budget process. Erchinger recalled that the Deputy Finance
Director position had been brought forward via resolution,and that more recently there had been an
Administrative Assistant position added for the Parks and Recreation Department through the last
budget cycle.
Towsley was concerned that her emails to the city manager were not being received,as she
had sent seven emails since late December that he had not responded to;Hunt requested to see the
emails she referred to.Erchinger added that there may be an email issue,in that she had sent emails
to Towsley and had not received responses.Squires said he,too,experienced an email issue because,
as a former employee of the city,when he joined council he was given a new email address,so any
emails that went to his old address were not received.
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 362
Squires thanked Hunt for the report on the tsunami debriefing,and said he would like to see
more training conducted.Also,Squires said regarding the comments tonight from John Moline were
concerning from a potential violation of noise ordinance standpoint, but were administrative in
nature,so he requested the city manager look into the situation,respond in writing,and copy council
on the response for the public record.
City Attorney Report. Will Earnhart reported he had been busy last month. Orion would
be scheduling oral arguments in April or June. The 70 hours on the report included unbilled time,
such as the attorney's travel time to and from Seward, those hours represented the entire firm, not
just Earnhart, and were for general matters. From the attorney's firm,Adam Cook was working on
the Vigor contract, Kristy Garrett was working on a complicated lease, Jennifer Alexander was
working on a sensitive personnel issue, and Katie Davies and Holly Wells worked on the BDO
contract that was before council tonight.
Earnhart added that, when there was a difference between council and administration, like
with the BDO contract, he was handing those issues off to others in the firm to handle so that the
decisions were not made by him, but rather by another skilled municipal attorney in the firm.
Other Reports, Announcements and Presentations
Prince William Sound Regional Citizens Advisory Council (PWSRCAC).
City Manager Jim Hunt left the meeting at 8:10 p.m. due to illness, and Finance Director Kris
Erchinger took over for administration.
Seward Ice Skating Rink.
PUBLIC HEARINGS—None
UNFINISHED BUSINESS—None
NEW BUSINESS
Resolution 2018-013,Approving An Extension To The Audit Contract With BDO USA,LLC
For The Years 2017 And 2018, And Appropriating Funds.
Motion (Keil/Casagranda) Approve Resolution 2018-013
Erchinger said Lia Patton from BDO was unable to attend tonight's meeting, but was
available to be on the phone if council wished. Erchinger continued that the initial contract with
BDO was for three years, with two one-year extensions. The legislative history did not accurately
reflect an amendment made by council,which was to have the extensions approved by council rather
than the city manager. There were only two Alaskan firms that responded to the city's request for
proposal,and BDO had won the contract in 2015.Their performance had been good;they had come
in on time and on budget. BDO also audited the Seward Community Health Center, so there were
competitive advantages to having the same company audit both entities.
City of Seward, Alaska City Council Minutes
February 12, 2018 Volume 39, Page 363
Casagranda had contacted three other communities and had spoken with their finance
directors about their experiences with BDO. Casagranda recognized that the city had more pressing
issues to contend with right now than going back out to RFP for a new audit firm.
Motion to Amend (Casagranda/Horn) Amend Resolution 2018-013 by adding the
words, "...with council approval" at the
end of the first Whereas.
Earnhart said looking back,the original amendment made by council should have been to the
resolution and not to the contract;this would have helped clarify that council's intention was to have
the contract extensions come back to council for approval rather than the city manager.
Council recessed at 8:40 p.m.
Council resumed at 8:45 p.m.
Casagranda withdrew the Motion to Amend with no objection from council.
Motion to Amend (Casagranda/Horn) Amend Resolution 2018-013 by adding a new
second Whereas to read, "The original
resolution and the certified resolution
posted in the City's official legislative
history, shows the two-year extension can
be authorized at the discretion of the city
manager. The certified resolution failed,
however, to take into account an
amendment made by Council at the time of
passage,which authorized the extension to
be approved instead by the City Council."
Motion to Amend Passed Unanimous
Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-013 by striking the
words, "...And 2018" in the title, striking
the words "...and 2018 ($114,634)" in
Section 1, and striking the words, "...and
2) $2,634 in 2019" in Section 2.
Motion to Amend Failed Yes: Towsley, Casagranda
No: McClure, Keil, Horn, Squires
Main Motion Passed Yes:Towsley,McClure,Keil,Horn,Squires
No: Casagranda
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 364
Other New Business Items
Schedule a work session to discuss the Seward ice rink,animal shelter,Bittick bike park,and
outsourcing some parks & recreation functions. Council scheduled a work session on Monday,
March 19, 2018 at 5:30 p.m.
Schedule a work session regarding city employees eligible for the union. Council scheduled a
work session on Tuesday, February 27, 2018 at 5:30 p.m. in the Library Community Room, if
available, or else in council chambers.
Schedule a joint work session with the Planning and Zoning Commission(P&Z),the Port and
Commerce Advisory Board (PACAB), and the Historic Preservation Commission (HP) to
review annual priorities. Council scheduled a joint work session on Tuesday, March 27, 2018 at
5:30 p.m.
Schedule a work session to discuss Seward City Code,Section 2.05—Records.Council requested
to postpone this item to the next meeting.
Discuss City Projects and Goals.
The following items were updated: 1)directed the city clerk to provide a history of why the location
for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA
accessibility;2)directed administration to provide an update on ground transportation for ambulance
services; 3)directed the city attorney to provide advice on teleconferencing possibilities for elected
and appointed officials; 4) directed administration to provide an update on the status of modifying
the tsunami warning announcement to include specific radio information, and also request the
borough add a sticker to their brochures identifying the Seward radio station; 5)hold a fourth work
session in May to discuss affordable housing;and,6)directed administration to provide an update on
the Seward Community Health Care Center expansion.
The following item was removed: Develop South Harbor Uplands.
The following items are added: 1)explore possibilities for creating a revenue stream for the animal
shelter and SOS Pets via fundraisers and other means; 2) pursue avenues to increase winter
recreation opportunities; 3) conduct city-wide disaster exercise to include moving resources,
evacuation of the public, engaging outside agencies, and public information dissemination;and,4)
extend city utilities into viable areas to support future residential housing.
Discuss sending one or more council members to electric utility training in Eugene,Oregon in
March,2018.
Council Member Towsley withdrew her previously-stated interest to attend this training due to a
scheduling conflict.
Electric Utility Manager John Foutz said the purpose of this training would be to afford council
members the opportunity to learn about electric utilities form a board member perspective. Foutz
stated he may be able to offer a cost-effective alternative to this out-of-state training: Chugach
City of Seward, Alaska City Council Minutes
February 12, 2018 Volume 39, Page 365
Electric was willing to provide a local presentation in Seward,and there was also a local citizen who
used to be a board member on the Regulatory Commission of Alaska (RCA) who would also be
willing to take part in this training.
Council requested Foutz draft a synopsis of the proposed training for council consideration,and then
council could identify a date for training.
Discuss conducting public input session(s) regarding the vacated Air Force Rec Camp
property. Council scheduled a joint work session with the Planning and Zoning Commission on
Wednesday, February 28, 2018 at 5:30 p.m.
Discuss Travel Authorization Reports (pre-travel) and Travel & Expense Reports (post-
travel).
Council directed administration to post on the calendar any work-related absences,in advance of the
travel dates.The clerk's office offered to provide administration with a refresher training on how to
access the calendar.
Schedule a work session to obtain public input on the South Harbor Ramp Replacement
Project. Council scheduled a work session on March 12, 2018 at 6:00 p.m.
INFORMATIONAL ITEMS AND REPORTS
Clerk's Report on Public Records Requests for January, 2018.
Administration requested that a column be added to this report which would identify the requestor's
name, and the majority of council agreed.
Local Government Notice ofApplication for Retail Marijuana Establishment for The Tufted Puffin.
Letter from Alaska Public Employees Association dated January 22, 2018.
COUNCIL COMMENTS
Horn thanked everyone for coming to the meeting and speaking up. Horn welcomed Riley
Shurtleff from Upstate New York,and hoped he would do a good solid job here.He was very excited
about the SMIC relaunch and thought it would be a great showcase for Seward.
Towsley thanked everyone who spoke tonight.Towsley had previously been instructed to file
public records requests by the mayor and council,which she had done and so her name would be on
the list in the future. Towsley was reminded of a quote, "With great power comes great
responsibility, and with great access to public money comes great need for transparency."
Casagranda congratulated the Finance Department for receiving the Government Finance
Officers Association Certificate of Achievement for Excellence in Financial Reporting. She
congratulated Cheryl Seese on her appointment to the Historic Preservation Commission.
Casagranda thanked the Finance Department and administration for providing a very clear
City of Sewar4 Alaska City Council Minutes
February 12, 2018 Volume 39, Page 366
explanation of how to read the new electric bills. She wished to state,for the record,her concern for
potential liability the city may possibly be facing from a large group of employees that have come to
the attention of council.There had been 34 employees who had reportedly had signed union interest
cards, and her thoughts on why these employees were expressing interest was to receive fair
treatment in the work place.Casagranda said she had personally had at least ten past employees ask
her what could be done and what could change; now with 34 cards signed, she interpreted that to
mean at least 44 people,both past and present employees,felt they were not entitled to fair treatment
in the work place. Casagranda said for the last three years she had tried to find solutions to address
employee concerns,and had brought her concerns to council,only to find herself lambasted.She had
requested a work session to review the grievance process to demonstrate that a solution was being
sought; she provided a laydown which citizen Carol Griswold had created regarding the grievance
process, and requested that council, the city attorney, and administration review it and consider
adopting it. Casagranda hoped anyone in the public who might have concerns about the motives of
certain council members would be able to recognize that solutions were being sought, and she
implored council as a body to take action immediately to do what was right,keep the city in a sound
fiscal state,and to stop acting as if there were no problems.
McClure said was great to hear the positive report on SMIC. The National Ocean Science
Bowl happened last weekend,was very successful,and brought over 200 people to town.Regarding
the tsunami warning event,McClure wished to have the city's tsunami inundation map made more
readily available to the public.
Keil said there would be a work session on February 27,2018 to discuss employee eligibility
for the union, a work session on March 12, 2018 to discuss the South Harbor Launch Ramp
Renovation Project,as well as a regular council meeting that same night,a work session on March
19, 2018 to discuss the Seward ice rink, animal shelter, bike park, and outsourcing Parks and
Recreation Department functions,and on March 27,2018 there would be a joint work session with
the boards and commissions,as well as a regular meeting that same night.Keil encouraged the public
to attend these meetings.
Squires said on February 21, 2018 there would be a public input meeting with the Alaska
Gasline and Development Corporation at the Seward Library starting at 5:30 p.m. Squires
congratulated Cheryl Seese on her appointment to the Historic Preservation Commission, and he
welcomed Riley Shurtleff to the clerk's office. He reported that last month he had used 2,000
minutes on his phone,mostly attributed to interactions with the public.He reminded council that,in
their positions,they worked for the public and always needed to remember what their duties were as
council members. Squires felt that true power lay with the public, not with council; council and
administration each had their own roles and duties.
CITIZEN COMMENTS
John Foutz said he would like to see a multi-purpose functional facility built rather than just
an ice rink. He also announced that former city employee, Charlie Forrest,had passed away.
Ron Wille said he had listened to the last council meeting and had been dismayed by the
animosity he heard,and he expected more from council and administration.His experience,similar
to previous comments made by Joe Tougas, Maya Moriarty, and Paul Rupple, had always been
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 367
professional and positive when working with administration.He appreciated a lively discussion,and
wanted everyone to hold themselves to a higher standard of problem solving and maintain decorum.
On another note,he had attended the Alaska SeaLife Center Marine Gala and said it was,by far,the
best event ever.
Lynda Paquette wanted to remind everyone that in January,2017 she had spoken to council
about a culture shift that seemed to be brewing;she had introduced the concept of We Love Us,eight
intentions for living that provided for peace and harmony. On April 10, 2017 Paquette received a
proclamation from the mayor recognizing Seward as a We Love Us community. She said, in her
opinion,the problems in the city were not things so much as a culture that has been created. She had
met recently with a member of administration who had accused her of having a personality conflict
with someone;she was concerned that there was an attitude within the city that there were"problem
citizens"and that those citizens had"personality conflicts"with someone and so that was why they
didn't get a meeting or a response.But,Paquette added,public servants had a duty to go beyond that
premise and actually be of service to the public.
Council recessed the meeting to Tuesday, February 13, 2018 at 5:00 p.m.
******************************************************************************
Council resumed the meeting on Tuesday, February 13, 2018 at 5:00 p.m.
The City Attorney requested to have the executive session to discuss the contract for the City
Attorney in public.
Casagranda wished to put the services for city attorney out for Requests for Proposal(RFP).
McClure disagreed,and thought enough time had not gone by with the current firm to justify
switching.
Towsley appreciated the challenges the city attorney had to deal with right now with the city,
and was pleased to hear that there were others in the firm who were providing input and assistance
on some of the city's projects;she also thought having a fresh set of eyes on the contract wouldn't be
a bad idea.
Keil thought legal advice was legal advice,regardless of which firm it was coming from. She
believed the current city attorney was good at cost controls, and was concerned that some of the
issues being dealt with right now would be disrupted, including the Orion litigation matter, union
negotiations, land leases,Vigor contract,and potential code revisions for personnel. Keil said if the
city changed firms right now,they would potentially have to have two firms going at the same time
—one to deal with current matters,and one to get up to speed to take over—and the city would spend
more money. Keil shared a laydown which was a list of capabilities and expertise that the city
attorney's firm had to offer.
Erchinger said, in her experience, city attorney contracts were typically open-ended; if and
when the time came when there was no longer compatibility between the two parties,then that was
City of Seward,Alaska City Council Minutes
February 12, 2018 Volume 39, Page 368
when a change was made. She clarified that the city code specifically exempted from competitive
procurement the purchase of professional services, and legal services fell into that category.
Casagranda stated that she often felt like she was only receiving part of the information on
matters,and it was confusing.In response to Casagranda,Earnhart said if there was a situation where
a member of administration was suing the city, that member of administration would have to get
their own legal counsel, and Earnhart said he would be too close to the matter and would have to
either hand it off to another attorney in his firm, or his firm would have to retain outside counsel to
handle the situation. Earnhart said, as a point of irony, one year ago he had told council and
administration that the city manager's evaluation was a public record; he was very confident in
making that statement. Earnhart reflected that he thought there had been some communication
breakdowns between himself, council, and administration in the past, but he would endeavor to
improve communications.
Motion (McClure/Keil) Retain Birch Horton Bittner&Cherot as the
city attorney firm, and Will Earnhart as
the city attorney.
Motion Passed Yes: Horn, McClure, Keil, Slater, Squires
No: Towsley, Casagranda
ADJOURNMENT
The meeting was adjourned at 5:22 p.m.
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Brenda J. Ba o , MMC David Squires
City Clerk Mayor
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