HomeMy WebLinkAbout02102022 Historic Preservation Special Meeting Minutes City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes
February 10, 2022 Volume 3, Page 322
CALL TO ORDER
The February 10,2022 special meeting of the Historic Preservation Commission was called
to order at 6:00 p.m. by Chair Cheryl Seese.
OPENING CEREMONY
Commissioner Art LeMaster led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Cheryl Seese presiding and
Sue Ward Tanguy Libbrecht
Mary Ann Benoit Dona Walker
Art LeMaster
comprising a quorum of the Commission; and
Bailey Sayler, Library Museum Director
Brenda Ballou, City Clerk
Excused— Libbrecht
Absent—None
Vacant—One
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING—None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Ward/LeMaster) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
There were no consent agenda items.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards—None
Other Reports and Announcements —None
Presentations—None
City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes
February 10, 2022 Volume 3,Page 323
NEW BUSINESS
Other New Business Items
Historic Preservation Commission,CLG Grant#200005-Walking Tour Project,unauthorized
solicitation of public funds.
City Clerk Brenda Ballou stated that she believed 100%that there was no ill intent from the
commission when they solicited these funds,but it was simply against city code for the commission
to solicit donations without the authorization of city council.
Ward said that was not true; that was inaccurate.
Ballou said she had consulted with the city attorney and it was his opinion that this was not in
keeping with city code. The commission was provided with a budget which was approved by city
council; the grant funds were specified in the resolution that was approved by city council. If the
commission felt that they would be short on funds to complete the project,the appropriate thing to
do would be for the commission to either request authorization from council to solicit donations,or
else request an appropriation of additional funds from council.
Seese stated it boggled her mind that only now this concern was being brought forward;this
meeting blindsided the commission unfairly and inaccurately.As a volunteer,Seese did not believe it
was her responsibility to know city code,with the exception of the commission's mission and how to
observe Robert's Rules. Seese stated that city council accepted the CLG grant funds via Resolution
2020-079;she believed that In Kind Donations included monetary donations.At their May 17,2021
work session, the commission discussed fundraising and no correction was provided to the
commission at that time. Seese said the commission operated under the belief that their fundraising
efforts were acceptable,particularly because they subsequently changed the name of the committee
to include the word"fundraising"and because the commission retroactively reviewed and approved
the letter soliciting donations, after it had been mailed to citizens. The commission completed the
CLG grant project on time and under budget.
Ward believed that once a grant had been approved by city council,it was down to city staff
and the commission to administer the details of the grant. She said that in the grant application,
under the Work Plan,it stated,"We will be looking for private funding to support activities beyond
the funding of the grant." She said that statement was approved by city council when they voted to
accept the grant document and the accompanying funds. The commission could not be faulted for
actually reading and implementing the grant as written. In the absence of advice otherwise, she
believed that indicated approval by city council. Labeling this solicitation of public funds as
unauthorized was not accurate and was misleading.
Benoit said she was fully aware that donations were being solicited;she was not surprised by
that action, and recalled the commission talking about that at meetings. Benoit believed those
discussions constituted deliberations by the commission. Another thing Benoit thought was
City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes
February 10,2022 Volume 3, Page 324
inaccurate was that some of the donors on the list contacted the commission themselves to offer
donations; she didn't think those donors were "solicited" by anyone, but instead donated freely
without being asked.She noted that the donations were being held in a separate account,unspent and
sequestered from the grant funds; she wondered why the funds hadn't been returned by now if this
was such a problem.Benoit said she was never told she needed to understand city code in order to be
a commissioner,and wondered how any of the commissioners would know what code said.She said
if the commission was expected to take ownership of the situation, then the city should take
ownership as well.
Seese stated that Seward City Code 2.30.425(b) stated, "The commission shall have no
authority to expend or commit city funds without first obtaining approval by and any necessary
approbations from the city council."She said,when council signed receipt of the grant funds and the
grant, the city gave us permission. In the grant, future fundraising, monetary fundraising, was
included.
Ward said they didn't usurp;they thought it was written out and they needed to do it. It was
something they were charged to do.
Seese said the donated funds were earmarked to be used for printing more maps of the
Walking Tour for this year's tourist season,as well as additional signage.The people who donated
did so because they believed in this project.
Motion (Ward/Benoit) Return the donated funds,including a letter
drafted by the commission explaining why
the funds are being returned.
LeMaster asked if these funds were needed. Seese said they were, for printing additional
brochures/maps.
Benoit said there had been 2,500 brochures printed previously,and an additional 2,500 had
already been paid for with Corvis Designs.Benoit believed the second 2,500 would last through this
coming tourist season. Benoit said, with this extra donation money, they could get 40,000
brochures/maps printed and that would last for about eight years. She said, after all the work they
did, she didn't want to keep going back every year to ask for money to print more maps.
Seese thought 2,500 maps for last year was nothing,and that this year there would be cruise
ships and the tourist season would be much busier; 5,000 maps for this year might not even be
enough. Seese supported what Benoit had suggested about getting a lot more maps printed.
Ward IIithdrew her motion with no objection from the commission.
Benoit said last year's brochures/maps were not printed and distributed until the fall; right
now,people had little stockpiles. She didn't think they had experienced a summer season yet to see
how fast those brochures would actually go; they could go a lot faster than she anticipated.
City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes
February 10,2022 Volume 3,Page 325
Motion(Seese/LeMaster) Draft a resolution for city council requesting
that council allow the commission to keep
and use the donated funds.
Seese hoped that council would approve the commission's use of the funds.
LeMaster said it hadn't occurred to him that they would need maps in the future. In response,
Ward said that was the only thing left that would be a recurring cost.
Benoit said one of the reasons they didn't print more maps initially was in case a mistake was
found.
Walker asked if the installation for the remaining three signs still needed to be paid for. In
response, Seese and Ward confirmed that the installation was already paid for. Seese added that
everything was paid for, except additional brochures.
Motion Passed Unanimous
By unanimous consent,the commission authorized Seese and Benoit to draft the resolution for
city council.
INFORMATIONAL ITEMS AND REPORTS—None
CITIZEN COMMENTS—None
COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Benoit said, (verbatim) "Going through this process, I am a member of Rotary, and it's a
service organization.Our motto is"Service above self."And so we follow this four-way test that we
always use to make sure that we think that something is the right thing to do.And so,I try to follow
the same test myself,even if I'm not doing something for it;so,the test is:Is it true?Is it fair?Will it
be beneficial to all concerned?And,will it build goodwill and better friendships? So, the way this
whole special meeting thing was presented I don't think met a single one of those criteria.
Unfortunately. First of all, is it true?No, I don't think so. I feel like the truth has been portrayed or
slanted in a way, a way to kind of draw attention away from the fact that the city may not have
provided adequate or timely advice through staff regarding the city code, and in an effort to avoid
taking ownership of that,that everybody else kind of got blamed for this problem.Is it fair?No. It's
not fair,I don't think,to treat volunteers that have spent thousands of hours making the city a better
place through a great project that educates,brings business to town,and brought citizens together in
partnership as if we're like rule breaking children that need to be chastised in public. Was it
beneficial to all concerned?No.It was definitely not beneficial to this commission who,if any of you
guys feel like I do,I've lost some of my desire to continue volunteering my precious time because of
how we've been treated in this process. I think about was it beneficial to the community? I don't
think so.People that are proud to be part of this and contributed their time and their effort or money
City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes
February 10, 2022 Volume 3,Page 326
don't want to feel bad about this project. And now they may wonder whether getting involved in
future city projects is a good idea.Was it beneficial to the city?I seriously doubt it because,I think in
an effort to save face about this by trying to put the blame on everybody else for a lack of oversight
and advice,it's unlikely in the future that people are going to want,want to walk work alongside our
city partners. And finally, did it build goodwill and better friendships? I don't think so. A more
positive approach might have been if the clerk's office had just come to our chair and said,'We have
to address the remaining funds from the project;let's add it to the agenda and vote on if we want to
return it or keep it. If you want to keep it for the project,I can help you draft a resolution to the city
council for approval. I should have mentioned this requirement of the city code to you previously,
but it was an oversight,so let's take care of it now'. In my opinion,that would have taken about two
minutes and it would have met the criteria of all four things. So, that's all I have to say."
Seese said she appreciated having alternatives to choose from, and that the city clerk had
made the effort to consult with the city attorney. She echoed Benoit's suggestion that,in the future,
something like this should be handled in a different way. She hoped the commissioners would
continue to serve; everyone worked well together and had accomplished a lot. She thanked the
commissioners for being a part of this very difficult meeting.
ADJOURNMENT
The meeting was adjourned at 6:40 p.m.
B enda Ballou, MC Ch See
City Clerk Chair
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