Loading...
HomeMy WebLinkAbout08132018 City Council Minutes1 1 1 City of Seward, Alaska City Council Minutes August 13 2018 Volume 39, Page 490 CALL TO ORDER The August 13, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Marianna Keil Sue McClure Jeremy Horn comprising a quorum of the Council; and Eddie Athey, Acting City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent — None Ristine Casagranda Suzanne Towsley Sharyl Seese CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald had just finished his business season. He was concerned with the Shiplift contract; he thought it was a sweetheart deal, and that the city should have a new contract. Cliff Krug wanted to share some upcoming events: the Seward Music & Arts Festival would be October 5-7, 2018, and there would be a train coming from Anchorage for that event and round- trip tickets would only cost $125; there would be a state-wide Harbormasters Conference from October 8-12, 2018; Seward Second Saturdays, Pioneers of Alaska Conference on October 26 & 27, 2018; and the Halloween Carnival at the end of the month. Carol Griswold thanked Lynda Paquette for organizing the first -ever Seward Civic Engagement local government training event last week. Griswold wished the questions to administration portion of the meeting would continue. Dianne Debuc wanted to address council about issues to move forward not backward. Debuc praised former city manager Jim hunt for his accomplishments, and thought important projects may be at risk during the transition to a new city manager. City of Seward, Alaska City Council Minutes August 13, 2018 volume 39, Page 491 Lynda Paquette wanted to provide a little bit of background on last week's training, called Seward Civic Engagement; she hoped to have this would be a continual event whereby citizens could learn about how the city government worked. She was concerned that there appeared to be arbitrary adherence to the city code. Paquette experienced an organic, grassroots evolution of a group of citizens who wished to learn more and educate themselves. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda McClure removed "Discuss matters pertaining to allegations of City Manager and misconduct" from Unfinished Business, with objection from council. Keil requested to reorder the agenda so that council would take up Resolution 2018-067 before Resolution 2018-066. Casagranda added Resolutions 2018-067 and 2018-066 to the consent agenda. Motion to Amend (McClure/Keil) Motion to Amend Passed Amend the agenda by removing "Discuss matters pertaining to allegations of City Manager and misconduct" from Unfinished Business. Unanimous Towsley removed Resolution 2081-070 from the consent agenda. McClure added an item to Other New Business to accept the invitation from Obihiro, Japan to visit in October, 2018 for the 501h Anniversary of the Sister City. Casagranda removed the approval of the minutes from the consent agenda. Main Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2018-067, Approving The 2019 Federal Grant Year Budget For The Seward Community Health Center As Required By The Co -Applicant Agreement Between The City Of Seward And The Seward Community Health Center. Resolution 2018-066, Authorizing Submission Of A Service Area Competition Grant Application On Behalf Of The City Of Seward And The Seward Community Health Center As Co -Applicants, For The Purpose Of Continuing Operations As A Federally Qualified Health Center. Resolution 2018-068, Accepting A Grant In The Amount Of $1,500.00 From The Seward Prevention Coalition For The "Every 15 Minutes" Program And Appropriating Funds. 1 1 1 City of Seward, Alaska City Council Minutes August 13 2018 Volume 39, Page 492 Resolution 2018-069, Accepting A Grant In The Amount Of $3,630.00 From The Alaska Highway Safety Office For The FFY2018 High Visibility Enforcement — DUI Event During The Period Of August 15 — September 4, 2018 And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing Darryl Schaefermeyer for his service on the Port and Commerce Advisory Board. Borough Assembly Report. Kenn Carpenter said the assembly had a quick meeting last week. There would be a proposed $.05 per cigarette tobacco tax coming up on September 4, 2018; this would not include any cannabis. Carpenter encouraged everyone to get out and vote in the State Primary Election on August 21, 2018. In response to Squires, Carpenter said the borough attorneys were currently looking at the possibility of taxing marijuana. The impact of having the proposed tobacco tax could be up to $4.3 million per year in revenue for Kenai Peninsula Borough; the tax would include all tobacco products like papers, pouches, cigars, vapors, etc. In response to McClure, Carpenter said the borough's website listed several area board seats open this year for the municipal election. City Manager Report. Assistant City Manager Brennan Hickok reported the following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: None. Hickok reported out on several meetings and community boards, projects. Hickok said he reached out to the Division of Community and Regional Affairs (DCRA) to follow up on council's request for an audit on administration, personnel, and council was beyond the scope of their capabilities. Alternatively, the DCRA offered to provide training for council and staff on Title 29, Municipal Government. McClure appreciated the overhead wires come down from the poles around the lagoon; she wondered if the bird deflectors would be reused on other wires. Electric Utility Manager John Foutz said the bird diverters would be installed at Third Avenue and Dairy Hill; bird deflectors may be installed on the east/west wires along the lagoon. Keil thanked the Parks & Recreation Department for the flowers, and for including the children's photos in the packet. Keil congratulated the Finance Department for receiving the budget award. In response to Casagranda, Hickok said the former city manager was not charging for his time assisting with Hickok's transition. City of Seward, Alaska City Council Minutes August 13, 2018 Volume 39, Page 493 In response to Squires, Hickok said they were currently awaiting lead paint test results for the inside of the Lowell Canyon water tank; results were due in today but had not been received. In response to Seese, Hickok confirmed that any issue with the water tank would come back to council. City Attorney Report. Will Earnhart was looking forward to a smoother future. Earnhart requested direction from council on whether the city attorney's firm should draft a council code of conduct, and perhaps council would consider forming an ad hoc committee of citizens and council members. Earnhart said the situation with the executive session at the last special meeting was not the correct way to handle things, but it was very important; the risk of not having that executive session was greater than the infraction of city code required to allow it. The situation was not ideal, but Earnhart felt it was necessary. In response to Casagranda, Earnhart said the city attorney was the entire firm. Earnhart said Katie Davies would be representing the firm more often at council meetings going forward. Casagranda stated that Council Member Towsley had previously requested to have an executive session to discuss threatened or pending litigation, and issues that directed impacted the finances of the city. However, the city attorneys had altered the titles of the executive sessions to discuss matters pertaining to allegations of the city manager misconduct, and a separate title which also named the city manager. Casagranda asked why the same executive sessions were being called under various titles, and why was it acceptable to add an executive session at the last minute to discuss something that council had requested to discuss a month earlier. In response to Casagranda, Earnhart said it was a challenge to provide information as possible without violating the confidentiality of the executive session. In response to Towsley, Earnhart said he was here tonight, rather than Davies, because the grievance procedure was on tonight's agenda, and also because he had a meeting today with the IBEW union. Keil stated she did not believe that 24-hour notice was sufficient for noticing a special meeting. Casagranda stated she felt there were other, more important priorities facing council at this time than rewriting council rules of procedure; she did not think that creating a committee was a priority right now. Keil wished to have a discussion about council code of conduct at the next meeting. Other Reports, Announcements and Presentations — None City of Seward, Alaska City Council Minutes August 13, 2018 Volume 39, Page 494 PUBLIC HEARINGS Ordinances for Public Hearing & Enactment Ordinance 2018-003, To Revise Seward City Code 3.40, Grievance Procedure. This ordinance was introduced on June 25, 2018, had a first public hearing on July 9, 2018, and a second public hearing on July 23, 2018. It is coming tonight for a third public hearing and enactment. There are no pending amendments on the floor. Hickok said administration had no amendments to suggest at this time. Notice of the public hearing beingposted and published as required by law was noted and the public hearing was opened. Patrick Messmer, Seward Public Employee Association president, said the city attorney had some concerns about whether Messmer should comment about this ordinance because it wouldn't affect union members, but Messmer thought it did affect them until there was a contract in place with the union. In Section 3.40.020 Definition of a grievance, Messmer was concerned that if an employee disagreed with the appointing authority's decision, their grievance may never be heard; only a termination, demotion, or suspension for more than one week would rise above, and other wage and hour issues might never be heard. No one else appeared to address the Council and the public hearing was closed. Motion to Amend (Casagranda/Seese) Amend Ordinance 2018-003 in Section 3.40.020 by striking the entire Yd paragraph. In response to McClure, Earnhart said this was new language; there was not language in the code previously that allowed the appointing authority to have a final decision on whether an issue was a complaint or a grievance. Squires thought leaving the language in place may serve as a safety measure for the employee, to allow them to document their disagreement for placement in their personnel file; they could refer to their documentation if they continued to have issues in the future. Casagranda expressed concern because there was no provision in this ordinance to outline an employee's recourse, should they continue to have future reoccurring problems. Horn said all the work that council had done to prepare for this ordinance came down to deciding the difference between a grievance and a complaint, and specifically, this paragraph determined that the appointing authority was the decision maker. Horn thought it was important for council to understand decide right now who and how the most appropriate decision maker or process would be. Council recessed at 8:10 p.m. Council resumed at 8:20 p.m. City of Seward, Alaska City Council Minutes August 13, 2018 Volume 39, Page 495 Seese thought that the decision of a complaint versus a grievance should come earlier in the process, and should not be included in the section which defined a grievance; she recommended moving that decision to a new section. Motion to Amend Passed Yes: Seese, Towsley, Casagranda, Horn No: Keil, McClure, Squires Squires thought it was important that employees had some ability to record a complaint, for their own future protection; protecting employees was paramount to his concerns. Motion to Amend (Towsley/Casagranda) Amend Ordinance 2018-003 by adding a new paragraph to the end of Section 3.40.030 (A), Step 4 that reads, "When there is a disagreement about whether a matter is defined as a complaint or as a grievance, the matter will automatically be handled as a grievance. The appointing authority will not have the discretion to determine what is and what is not a grievance or a complaint. This will be settled by the panel ruling in Step 4." Motion to Amend withdrawn with no objection from council. Primary Motion to Amend (Seese/McClure) Amend Ordinance 2018-003 by adding the following words as the second sentence in 3.40.015: "Where an employee disagrees with the supervisor's decision regarding a complaint, the employee may document the disagreement for placement in their personnel file. If the problem is not settled and the problem is defined as a grievance, the employee has the right to present the grievance in accordance with the procedure outlined in Section 3.40.030." Secondary Motion to Amend (McClure/Towsley) Amend Ordinance 2018-003 by striking "and" and change "is" to "may be" so that it reads, "Where an employee disagrees with the supervisor's decision regarding a complaint, the employee may document the disagreement for placement in their personnel file. If the problem is not settled, the problem may be defined as a grievance, and the employee has the right to present C 1 City of Seward, Alaska City Council Minutes August 13 2018 Volume 39, Page 496 the grievance in accordance with the procedure outlined in Section 3.40.030." Secondary Motion to Amend Passed Unanimous Primary Motion to Amend Passed Unanimous Primary Motion to Amend (Towsley/Casagranda)Amend Ordinance 2018-003 by adding a new paragraph to the end of Section 3.40.030 (A), Step 4 that reads, "When there is a disagreement about whether a matter is defined as a complaint or as a grievance, the matter will automatically be handled as a grievance. The appointing authority will not have the discretion to determine what is and what is not a grievance or a complaint. This will be settled by the panel ruling in Step 4." Hickok wished to define what the proposed authority of the panel would be. McClure wondered if there was a definition of the panel. Earnhart said the panel language had been removed and replaced with a hearing officer. Secondary Motion to Amend (Towsley/Casagranda)Amend Ordinance 2018-003 by striking "panel" and replacing it with "hearing officer." Both Motions to Amend withdrawn with no objection from council. Main Motion Passed Unanimous Main Motion 0 Enact Ordinance 2018-003 UNFINISHED BUSINESS •MTN —.rrPffbWVW .ME This item was removed from the agenda. NEW BUSINESS Resolution 2018-0709 Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Motion (Keil/Casagranda) Approve Resolution 2018-070 City of Seward, Alaska City Council Minutes August 13, 2018 Volume 39, Page 497 Hickok said administration provided a substitute laydown version of the resolution for consideration, which would remove the city clerk and replace with deputy finance director. Motion to Amend (McClure/Keil) Amend Resolution 2018-070 by striking the city clerk and replacing it with the deputy finance director. Motion to Amend Passed Yes: Keil, Seese, McClure, Squires No: Horn, Towsley, Casagranda Motion to Amend (Squires/McClure) Amend Resolution 2018-070 by adding a new Section 4 that reads, "For the purposes of this authorization, no two related parties may have signing authority to the same financial transaction." Motion to Amend Passed Unanimous Motion to Amend (Seese/McClure) Amend Resolution 2018-070 by adding the city clerk as a 5th signer. Motion to Amend Passed Yes: Horn, Keil, Casagranda, McClure, Towsley, Seese No: Squires Main Motion Failed Yes: McClure, Keil, Squires No: Seese, Towsley, Horn, Casagranda Council recessed at 9:37 p.m. Council resumed at 9:42 p.m. Motion to Reconsider (Seese/McClure) Reconsider Resolution 2018-070 Motion to Reconsider Passed Yes: Seese, Horn, McClure, Casagranda, Keil, Squires No: Towsley Resolution 2018-070 was back on the floor, with all amendments in place, as it was just prior to the final vote for approval. Motion to Amend (Keil/Horn) Amend Resolution 2018-070 by striking Brennan Hickok, Assistant City Manager, as a signer. Motion to Amend Passed Yes: Towsley, McClure, Keil, Casagranda, Horn, Seese No: Squires 1 1 1 City of Seward, Alaska City Council Minutes August 13 2018 Volume 39, Page 498 Main Motion Passed Unanimous Other New Business Approval of July 18 & 26, 2018 Special Meeting Minutes and the July 23, 2018 Regular Meeting Minutes. Motion to Amend (Casagranda/Towsley) Motion to Amend Passed Motion to Approve Minutes Amend the July 26, 2018 minutes under Council and Administration Response to Citizen Comments by including Squires' response to Casagranda's comments, "...She agreed that she would not like to have the assistant city manager position filled at this time in order to allow a new city manager to hire. In response, Squires said that could be discussed at the next council meeting. Casagranda replied that she was concerned that the position might be filled by the next council meeting; Squires said he didn't see that there was a way for that to happen...". Yes: Casagranda, Horn, McClure, Towsley, Seese, Squires No: Keil Unanimous Appoint an Application Review Committee comprised of council members to review the Interim City Manager applications. Council appointed Council Members Casagranda, McClure, and Horn to serve as the Application Review Committee. Review the questions for the Interim City Manager interview. Council directed the Application Review Committee to review and revise the interview questions. Discuss city clerk goals. The city clerk's goals were reviewed, amended and approved. Schedule an executive session to evaluate the city attorney. (Casagranda) Council scheduled an executive session to evaluate the city attorney on September 10, 2018. City Attorney Will Earnhart requested that the evaluation be held in public. City of Seward, Alaska City Council Minutes August 13, 2018 Volume 39, Page 499 Discuss the appointment of the Acting City Manager. (Casagranda) Acting City Manager Eddie Athey said that Hickok had been promoted into the assistant city manager position, and Athey had been appointed acting city manager, by former City Manager Jim Hunt for the good of the city. Discuss the value of having a standing work session on the Friday before the regular Monday night Council meeting. (Squires) Council scheduled regular, standing work sessions to begin on Friday, August 24, 2018. Accept the invitation from the City of Obihiro, Hokkaido, Japan to send a delegation of up to ten adults to visit Obihiro at the end of October, 2018. Council directed the city clerk to draft a letter accepting Obihiro's invitation. INFORMATIONAL ITEMS AND REPORTS Clerk's Report on Public Records Requests for July, 2018. On -Going City Projects and Goals. COUNCIL COMMENTS Squires thanked Darryl Schaefermeyer for his service to the community. The Phoenix Chapter of the Fire Fight Fighters Association would be holding its annual dinner cruise to Fox Island fundraiser on August 18, 2018; please help support this worthwhile event. Squires received a request from the Alaskan Ocean Cluster Initiative for council to provide a letter of support in order to assist the group with obtaining grant funding; council concurred. Packets for candidates were available for pick up from the clerk's office beginning August 15, 2018. CITIZEN COMMENTS Patrick Messmer said there was an accusation raised earlier tonight suggesting that the unions had been conspiring to get rid of city attorney, and Messmer wanted to state that this was not the case. Tim McDonald was upset about the shipyard contract; he thought the contract was flawed. He also thought the city should annex to Mile 8. Brannon Nichols was the IBEW business representative. He said it was important to allow employees to have a proper grievance process. Lynda Paquette thanked council for setting work sessions on Fridays at noon. Citizens would review the agenda packets on Thursday evenings and will be prepared with questions for council. 1 1 �l 1 1 City of Seward, Alaska City Council Minutes August 13 2018 Volume 39, Page 500 Carol Griswold said citizens had never been more engaged, but perhaps for the wrong reasons. She looked forward to the return of stable, boring, functional city council meetings. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS — None EXECUTIVE SESSION Go into Executive Session to discuss the city clerk contract. Council postponed this executive session until September 10, 2018. Go into Executive Session to discuss the Interim City Manager applications. Council decided not to conduct this executive session because earlier tonight they appointed an Application Review Committee comprised of council members to review the Interim City Manager applications. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Brenda J. BaIloVMMC City Clerk (City Se�,�%'�•,0'9,Q'•, V. 0 •. SEAL David Squires Mayor