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HomeMy WebLinkAbout06222020 City Council Minutes City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 200 CALL TO ORDER The June 22, 2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Sharyl Seese John Osenga Tony Baclaan Dale Butts (telephonically) Julie Crites comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Jessica Stallard, Deputy City Clerk Holly Wells, City Attorney(telephonically) Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the Deputy City Clerk: Donna Bach spoke (in person) about the 2020 US Census. She said that Alaska's self- response rate for the census was 47.2% statewide and Seward's response rate was 45.2%. Bach encouraged Seward citizens to respond to the 2020 US Census as soon as possible. Lynda Paquette spoke(in person)about the mask mandate. She said the United States had traditionally been a country where individuals cared about one another;wearing a mask was a way to show others that you cared about them. City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41, Page 201 Christiana Smith strongly supported a new animal shelter. She hoped that everyone would tour the current Seward Animal Shelter and realize that a new animal shelter was a necessity. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Baclaan removed Resolution 2020-051 from the consent agenda. Motion to Amend (Terry/Seese) Move Emergency Ordinance 2020-007 from New Business to Public Hearing item. Motion to Amend Passed Unanimous Main Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-048,Adopting The Planning And Zoning Commission Priorities From April 2020 To April 2021. Resolution 2020-049, Authorizing The City Manager To Sign An Extension For The Special Services Contract Between The City Of Seward And The Department Of Public Safety That Provides Dispatch And Clerical Services To Public Safety Employees In Seward For$36,000. NEJ Resolution 2020-050,Accepting The 2020 State Of Alaska Department Of Public Safety(DPS) Coronavirus (COVID-19) Grant In The Amount Of$5,709.47, And Appropriating Funds. Approval of the June 8, 2020 City Council Regular Meeting Minutes. Approval of the June 12, 2020 City Council Special Meeting Minutes. Approval of the June 16, 2020 City Council Special Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing Spring Creek Correctional Center Employee of the Year Matthew Chezik. Postponed from April 13, 2020 due to COVID-19. Certificate of Appreciation for KIBH —FM 91.7 Recognizing Amateur Radio Week City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 202 City Manager Report. Scott Meszaros reported the following purchase orders between $5,000 and$30,000 had been approved by the City Manager since the last council meeting:$10,500 for a new remote-control unit for the 50-ton travelift for the Harbor; $15,000 for fire retardant clothing for Electric; $16,900 for 2"and 4"conduit for Electric;and$6,500 for an injections pump replacement—Unit# 137 for Public Works. Meszaros said the following open positions should have been included in the City Manager Report: Police Dispatcher, Electric Utility Manager, and Personnel Officer. In response to Baclaan, Meszaros said three interviews were scheduled this week for the Assistant City Manager position.He was in the process of hiring an Interim Electric Utility Manager. No interest had been shown in the Finance Director position. In response to Crites,Meszaros said campgrounds would be fully opened on June 28,2020. Community Development Director Jackie Wilde (telephonically) said direction was needed from council on how to move forward with the Jesse Lee Home.The cost of abatement was $700,000. The cost of demolition with abatement was $1.5-2 million. The cost of renovating the Jesse Lee Home and making it structurally sound was $24 million. Meszaros said most of the building was not repairable or salvageable. Council directed the city manager to bring forward a public hearing resolution to demolish the Jesse Lee Home on July 13, 2020. City Attorney Report.Holly Wells(telephonically)said her written report was included in the packet and she would be happy to answer any questions. Other Reports and Announcements Chamber of Commerce Report.Jason Bickling(telephonically)said the State of Alaska Coronavirus Aid,Relief,and Economic Security(CARES)Act funding would be available for small businesses later this week.The Halibut Derby was occurring from June 15-30,2020.The chamber was planning a socially-distanced Fourth of July event. In response to Seese,Bickling said all businesses that were on closed roads during the Fourth of July would be given access to the sidewalk in front of them.Baclaan said a separate permit would be needed from the Alcohol & Marijuana Control Office (AMCO) in order to allow service of alcoholic beverages on the sidewalks. In response to Butts, Bickling said the chamber was planning the Silver Salmon Derby. Cook Inlet Aquaculture Associate Report.Jess Sweatt said he was resigning from his seat on the Cook Inlet Aquaculture Association. The salmon limit went up from six salmon to twelve salmon per day. Sweatt was trying to get more salmon into Grouse Lake. City of Seward,Alaska City Council Minutes June 22,2020 Volume 41,Page 203 Presentations Animal Shelter Presentation by Jackie Wilde and Petra Slatter—Smith PUBLIC HEARINGS Emergency Ordinances Emergency Ordinance 2020-007,Requiring Individuals To Wear Protective Facial Coverings When Within Six Feet Of Individuals Outside Their Household, Except When Certain Exemptions Are Met Or Individuals Are Eating, Drinking, Or Giving Or Receiving Services That Cannot Be Performed While Wearing A Facial Covering. Motion (McClure/Osenga) Enact Ordinance 2020-007 Crites said this emergency ordinance would be in effect for 60 days,and it was based on the influx of tourists in Seward this summer. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Lori Landstrom spoke(in person)about the emergency ordinance;she supported the mask mandate. She said Coronavirus(COVID-19)was a highly contagious illness,and it caused serious illness with long-lasting effects in some people.This disease had a terrible impact on our state and local economy. Individuals could be contagious for up to three days before developing symptoms. The World Health Organization(WHO),the Centers for Disease Control and Prevention(CDC),and the State of Alaska recommended that everyone wear face masks as a way to slow the spread of COVID-19. She did not particularly want a mask mandate,but the recommendations to wear face masks were not working.Three reasons to wear a mask were humility,kindness, and community. Keith Danzl said cloth masks were useless for deterring the spread of viruses,and wearing masks was often detrimental to the person wearing them.He believed that intense and irrational fear would have a far worse effect on people's health than COVID-19. Jenn Appel said there had not been a study proving that cloth face coverings were effective against the virus. She wanted the people to vote on whether or not a mask mandate should go into effect. She wondered how a mask mandate would be enforced. Roman Barlow thanked the mayor and council members for their service. He was not in opposition to wearing a mask,but he was in opposition to making people wear a mask who do not believe they should have to do so. Brandon Davis asked city council not to mandate face masks,because research showed that masks were not effective and they caused lower oxygen levels. City of Seward,Alaska City Council Minutes June 22,2020 Volume 41,Page 204 Corrine Danzl did not support mandating face masks. Mike Little was strongly against a mask mandate,because it would take away peoples'rights and freedoms. Melisa Hickey was strongly against the mask mandate. She said it was a violation of civil rights and it was uncomfortable for people who truly could not wear a mask. Albert and Roberta Hobbs said the proposed mask mandate was not in line with the Centers for Disease Control and Prevention (CDC), the State of Alaska, or the current federal administration, which only"recommended"that non-surgical face masks be worn in public. They said life came with risks,and they urged council to vote against this proposed emergency ordinace. Anna Madosik did not support the proposed mask mandate, because it resembled authoritarian governing. Matthew Armstrong did not support the emergency ordinance.He said cloth face masks did not stop people from contracting viruses and bacteria.He encouraged council to properly educate the public with scientific and medical data. Stephanie Higgins did not support the emergency ordinance mandating face masks;she felt it was an unnecessary step backwards. John and Kathryn Page supported the proposed mask mandate; they hoped a mandate would establish a standard of behavior where people would voluntarily wear masks. Susan Moseman supported the mask mandate,but she was concerned about its wording.She said masks should be worn anytime individuals were around non-family members;wearing masks when in public could reduce the risk of exposure to COVID-19 for our community. Caitlin DeGrave supported the emergency ordinance.She said wearing a mask was a sign of respect. Sue and Harold Faust strongly supported the emergency ordinance;they believed wearing masks was a sign of respect.They were dismayed at the lack of consideration from members of our community and the public. Sarah Fink was against the mask mandate. She feared that this mandate would set a new precedent where we would be required to wear masks for cold season, flu season, and any other illnesses. She said the best way to move forward was freedom of choice. Maya Moriarty said 99 signatures had been collected from Seward citizens in support of the emergency ordinance.Almost 200 health care providers from across the state of Alaska were also in support of this ordinance.She was concerned about the recent and rapid increase in COVID-19 case counts in Alaska. Moriarty said there was scientific evidence that wearing face masks played an City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 205 important role in preventing the spread of the virus.The Czech Republic and Austria were real-time examples of countries that adopted mask wearing and as a result, viral infections were decreased. Widespread mask use was so effective because viral transmission often occurs through respiratory droplets(coughs,sneezes,exhales).The use of masks was recommended by the CDC,WHO,and the State of Alaska. Albi Tatum spoke(in person)in support of the mask mandate.From the very beginning,she had been dedicated to educating others on COVID-19 in an effort to keep the citizens of Seward safe. She said wearing face masks was a humble gesture to protect your fellow citizens and the most vulnerable individuals. The risk with COVID-19 was invisible. Cheryl Weist said the decision to wear face coverings should be up to each individual. She wondered how a mask mandate would be enforced. Carol Griswold said she supported the intent of the emergency ordinance to protect the health and safety of the public. However, she did not feel that that this ordinance would serve the intent in its written form. She wanted the ordinance to focus on indoor activities of retail businesses and public buildings rather than outdoor activities.Griswold said the best protection from COVID- 19,both indoors and outdoors,was physical distancing of at least six feet and frequent and thorough handwashing. She wanted health care workers and patients to be required to follow even more stringent requirements. Angela Hammer believed the city council was trying to keep the emergency ordinance a secret from the public. She was strongly opposed to this ordinance; she said the ordinance would take away citizens' civil rights, civil liberties, and freedom. Deanna Chesser said she strongly disapproved of the mask mandate. She believed that the response to the pandemic had been overkill from the beginning. She said each individual should be responsible for their own health. Cheser said we need herd immunity and people need to see other people. Miranda Stitt said wearing a face mask caused individuals to have lower than normal oxygen levels and underlying health issues could be made worse by wearing a mask. Jennifer Carr supported the mask mandate. She said wearing a mask was a common courtesy to our fellow Americans. Christin Ann Fleming did not support the mask mandate. She said wearing face masks would cause more health issues and further cripple our economy. She felt that mandating citizens to wear masks was unlawful and would be taking away their rights.Fleming wanted each individual to have the right to choose how to protect themselves and manage their own health. Council recessed at 9:03 p.m. Council resumed at 9:10 p.m. City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 206 Doyle Bruckner thanked the council members for their service.He disagreed with the mask mandate,because it infringed upon the freedom of the people to lead their own lives without undo restrictions from the government. He said the WHO and the federal and state governments did not recommend the widespread use of face masks among the public for control of COVID-19. He was concerned that a mask mandate would further impact Seward's economy. He encouraged the city council to lead Seward's citizens through this national crisis with level heads. Kirstie Willean supported the proposed mask mandate.She said wearing face masks through the current COVID-19 pandemic was not about taking away anyone's rights,but it was about caring for everyone. Sarah Brueckner did not support the mask mandate.She believed that face masks inhibited the natural flow of oxygen causing inhalation of carbon dioxide. Wendy Milligan did not support the mask mandate. She said science showed that masks were ineffective to halt the spread of COVID-19,and the WHO recommended that face masks only be worn by healthy people if treating or living with someone with a COVID-19 disease. She encouraged the council members to vote based on facts and not pseudo science. Carole Tallman said she was not opposed to wearing a mask in public,but she was opposed to a mandate requiring individuals to wear masks inside the city limits of Seward. She believed that 111 the proposed mask mandate was neither enforceable or necessary. Kelley Baker supported the emergency ordinance mandating the use of face masks. Numerous studies suggested that if people wore masks in public,then the transmission of COVID-19 could be halted.Face masks were one of the most important tools currently available to prevent the transmission of the virus to others. Claire Robertson spoke (in person) about the mask mandate; she did not support the mandate. She said mandating masks would take away individuals' rights to choose for themselves whether or not they should wear a mask. Robertson said COVID-19 would inevitably come to Seward with or without this mandate and the necessary precautions. She wanted this issue to be voted on by the people. No one else appeared and the public hearing was closed. Terry clarified that private individuals were allowed to send emails within their sphere of influence.Council and the clerk would never do anything contrary to the Open Meetings Act,and all business that came before council was legally noticed. Motion to Amend (Crites/Osenga) Amend the wording for the Council Emergency Regulation#2 to read,"Except as otherwise provided in this regulation,all individuals must wear a facial covering over their nose and mouth while in City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41, Page 207 buildings that are accessible to the public; for example,businesses in public buildings, or when they cannot maintain six feet of ..� space between themselves and individuals outside their household. Individuals under the age of four, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a facial covering over their nose and mouth are exempt from this regulation". Crites said the public wanted the ordinance to focus on public buildings with a lot of public access. In response to Baclaan, Crites said face masks were available in Seward. In response to Butts, City Attorney Holly Wells (telephonically) said that local face covering laws and other social distancing rules and regulations adopted by municipalities in compliance with the state statutes had not been challenged by the federal government in federal buildings and other buildings. The city did have the authority to enforce the face mask mandate in federal buildings. Secondary Amendment (Butts/Seese) Amend Emergency Ordinance 2020-007 by striking the word"businesses" and change twig it to "City-owned buildings open to the public". Motion to Amend Passed Yes: Baclaan, McClure, Butts, Terry No: Crites, Seese, Osenga Secondary Amendment(Butts/Baclaan) Amend Council Emergency Regulation No. 2 of Emergency Ordinance 2020-007 by striking the words "while in buildings that are accessible to the public, for example businesses in public buildings"and replace with "while in buildings that are owned by the city and open to the public". In response to Meszaros, Butts said the mask mandate would apply to the Alaska Sealife Center,Providence,and the Community Health Center. In response to Seese,Butts and Baclaan said that the city would be setting the example and asking other businesses to follow the city's example. Motion to Amend Passed Yes: McClure,Butts,Baclaan,Seese,Terry No: Crites, Osenga City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41, Page 208 Motion to Amend (Butts/McClure) Amend Ordinance 2020-007 by changing the first sentence of Council Emergency Regulation No. 2 to read, "Except as otherwise provided in this regulation, all individuals in Seward must wear a facial covering over their nose and mouth when inside city-owned buildings open to the public. The city council strongly recommends that businesses operating in the city require individuals to wear facial coverings when they cannot maintain six feet of space between themselves and individuals outside their household." and remove"Facial coverings need not be worn when..." from the end of Council Emergency Regulation No. 2. Butts said the city would highly recommend that each business mandate facial coverings,but the business would ultimately decide whether or not to mandate facial coverings in their business. Terry was concerned that this amendent would highly recommend all businesses require individuals wear masks in their buildings when some businesses were exempt because of health recommendations. Baclaan said the ordinance had been changed to focus on public city-owned buildings rather than all businesses. Wells said council would be giving businesses a recommendation rather than a requirement. Motion to Amend Passed Yes: McClure, Butts, Baclaan, Terry No: Crites, Seese, Osenga Motion to Amend (McClure/Baclaan) Delete "Section 4. Penalties & Enforcement". In response to Crites, Wells said fines had to be stated in the ordinance if council wanted the mask mandate to be enforceable. There was no requirement that the ordinance have an enforcement component. Seese said the only place that the mandate would be enforceable in its current form was city-owned public buildings. Seese was concerned that law enforcement would not be able to respond to all individuals not wearing a mask in a timely manner. Terry and McClure said they were not willing to write tickets for individuals who were trying to access city services not wearing a mask. Motion to Amend Passed Yes: McClure,Seese,Baclaan,Butts,Terry No: Osenga, Crites Baclaan said wearing a mask showed that you cared about other individuals. He said it would not be easy to enforce a local mask mandate when businesses already had difficulty enforcing state City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41, Page 209 mandates. Seese was concerned that there was no way to tell the difference between someone who could not wear a mask due to health reasons and someone who simply did not want to wear a mask. Wells said the mask mandate did not require evidence when an individual said they could not wear a mask due to health reasons. Motion to Amend (Terry/McClure) Delete "Section 3. Council Emergency COVID-19 Regulations Commentary". Motion to Amend Passed Yes: McClure,Butts,Seese,Baclaan,Terry No: Osenga, Crites Main Motion Failed Yes: Butts No: Baclaan, McClure, Osenga, Seese, Crites, Terry UNFINISHED BUSINESS—None NEW BUSINESS Resolutions Resolution 2020-051,Accepting$5,324,326 From The State Of Alaska Under The Coronavirus Aid, Relief, And Economic Security (CARES) Act That Will Be Used To Create A Small Business Economic Relief Grant(SBERG) Established By City Council In Order To Provide Economic Relief To The Community From The Coronavirus Pandemic, And Appropriating Funds. In response to Baclaan, Meszaros said the funds would have to be accepted and then, they would go into a holding account. Seese said this allowed the city manager to keep track of the funds. In response to Meszaros, Terry said there was a timeline of December 31, 2020 to expend these funds. Meszaros said businesses would need the money more in October and November after the summer flow of businesses stopped. Motion to Postpone (Baclaan/) Postpone Resolution 2020-051 to a date uncertain. Terry wanted to schedule a budget committee meeting to discuss these funds before the July 13, 2020 council meeting. City Clerk Brenda Ballow suggested that council fail this resolution and bring back a new resolution at the July 13, 2020 council meeting, because the city attorney and city manager were suggesting substantial changes to the resolution. City Attorney Wells cautioned council against failing the resolution, because it could look like council did not support the CARES Act. City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 210 Motion died due to lack of a second. Motion to Postpone (Baclaan/McClure) Postpone Resolution 2020-051 to July 13, 2020. Motion to Postpone Passed Unanimous Motion (Terry/McClure) Extend tonight's council meeting to midnight. Motion Passed Unanimous List of City Council Work Sessions that were either previously scheduled and then suspended, or are awaiting scheduling, due to the COVID-19 public health emergency. In response to Terry, Ballou said the attendance for work sessions was unpredictable; she recommended that work sessions be held in the largest venue possible, which was the Seward Library Community Room. Council directed the clerk to schedule a Zoom meeting with the Seward Bear Creek Flood Board to discuss flood mitigation measures for Resurrection River. Council directed the city manager to schedule a budget committee meeting to discuss the CARES Act funding. Evaluate the city attorney candidates. Council verbally voted on their top choice for the city attorney firm.Crites and Butts had not watched the city attorney interviews and did not provide input. Boyd, Chandler, Falconer & Munson, LLP 5 Landeye,Bennett,Blumstein,LLP 0 Council unanimously decided to move forward with Boyd, Chandler, Falconer& Munson, LLP. INFORMATIONAL ITEMS AND REPORTS On-Going City Project and Goal List May, 2020 City and Providence Financials City Clerk Memo and Public Notice of Vacancy for the City's Representative on the Cook Inlet Aquaculture Association Board City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41,Page 211 City Clerk Memo on 2020 Elections CITIZEN COMMENTS Lynda Paquette said (in person) that she was disappointed council had failed the mask mandate. She said Seward Civic Engagement had discussed the possibility of council vacancies opening up to individuals residing outside of the city limits on May 9, 2019. There was no mechanism to make this happen without changing existing laws. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros said the 2020-2021 budget was available online. He would not be present at the July 13, 2020 council meeting. Osenga thanked the public for commenting on the proposed mask mandate. He was disappointed that the emergency ordinance had been drastically altered. He agreed that the public should be educated on COVID-19. Crites thanked the public for commenting on the proposed mask mandate. She was disappointed that the mask mandate was not passed in its original form. She wanted everyone to realize that COVID-19 and individuals not wearing masks was a public health issue. Baclaan thanked the citizens for their comments. Seese thanked the citizens for their comments. She said the emergency ordinance should be rewritten to make it more effective. McClure thanked the citizens for their comments. Her concern with the original ordinance was the fine implementing the proposed mask mandate. She wanted everyone to be more educated on the importance of wearing masks. She appreciated the Seward Police Department. She asked everyone to be careful over the 4th of July weekend. Terry asked Seward citizens to fill out the US Census.She thanked FM 91.7 for playing the council meetings on the radio.She asked everyone to write letters to Borough Mayor Charlie Pierce asking that Seward's seat be retained on the Kenai Peninsula Borough Assembly.She told the public to keep up the good work and continue to be vigilant with their health. She asked the public to wear masks, maintain social distancing, wash hands, stay home if you have any symptoms, clean and disinfect,and get tested for COVED-19.She asked that Seward get more signage encouraging social distancing. Butts thanked Crites and Osenga for their passion. He said he would make sure to wear his mask and follow social distancing protocols.He thanked Jess Sweatt for his service.He thanked FM 91.7 for educating the community. City of Seward,Alaska City Council Minutes June 22, 2020 Volume 41, Page 212 EXECUTIVE SESSION Go into Executive session to discuss strategy for negotiating the city attorney contract. Motion (Terry/Baclaan) Go into executive session to discuss strategy for negotiating the city attorney contract. Motion Passed Unanimous Council went into executive session at 11:24 p.m. Council came out of executive session at 11:48 p.m. Motion (Terry/McClure) Appoint Crites, Osenga, and Meszaros to negotiate a contract with Boyd, Chandler, Falconer & Munson, LLP. Motion Passed Unanimous ADJOURNMENT The meeting was adjourned at 11:50 p.m. 42J ? Jessica Stallard sty Terry Deputy City Clerk Mayor (City Seal) ttttttt 1..••.( OF SF�'•. �� G° O� R.4 •. '; ? —•— CIA O tO sit . . SEAL el •• .,�F OF AV"... s,*ao