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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 (City Se 'ot.�OF sFfy OcosPZift.ft?Si:P% SEAL : • • •�� ^'F1 19Q. e ®err °F AO' .•`. `aa? ouauaN,