Loading...
HomeMy WebLinkAbout04232012 City Council Minutes City of Seward, Alaska City Council Minute, April 23, 2012 Volume 38, Page 810 itior CALL TO ORDER The April 23, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent — Jean Bardarson CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING "Pierre the Bear" and Parks and Recreation Director Karin Sturdy announced May 12, 2012 would be the annual Terry's Tires Bike Rodeo. There would be bike inspections and helmet purchases. Super Saturday Cleanup would also be May 12, 2012 and May 5, 2012 would be the Polar Bear Pink Cheeks Triathlon. Willard Dunham spoke to the council on the Seward bridge repair. He noticed the closures coming up over the summer at night; there were many more closures planned than what was expected. The community could not afford to have closures this much as this was the sole road in and out of town. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Council member Terry requested the agenda item to schedule a work session to review Public Works' Facility Plan for the Lowell Point Wastewater Treatment Facility be pulled from the consent agenda. City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page 811 Motion Passed Unanimous viiej The clerk read the following approved consent agenda items: The April 9, 2012 City Council Regular Meeting Minutes were approved. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read for National Library Month. A proclamation was read for National Kids to Parks Day is May 19, 2012. Chamber of Commerce Report, Cindy Clock stated she travelled to Seattle with city and travel industry officials and trip was very successful and they were well received. Every person in the group played an important role; and noted Jim Kubitz with the Alaska Railroad was extremely beneficial to have in their company. Clock stated maintaining relationships with Seward's Seattle- based partners were essential. The Mt. Marathon race bib assignments had been made and the festival was July 3 and 4, 2012. She hoped to have a 100 year theme to celebrate the incorporation centennial this year. She had Chamber representation at the Fairbanks outdoors show, where Seward guides and raffle tickets were handed out and sold. The summer staff was hired and would be staffed •ij each day starting Memorial Day weekend. The end of this week was the Annual Postmasters Conference and the Chamber's Open House. The First Friday Art Walk was May 4, 2012 and the Military Appreciation Picnic would be May 19, 2012 at the Harbor Plaza in conjunction with the Harbor Opening Weekend. May 24, 2012 was the Annual Combat Fishing Tournament. City Manager's Report, Jim Hunt stated there had been no expenditures approved by the City Manager between $10,000 and $50,000 since the last council meeting. In the Harbor, the Full Service Marina software installation was ongoing and the entire marina staff was receiving training. The owner of a vessel in the SMIC boatyard reported a break in and the theft of approximately 250 gallons of diesel. The annual pollution prevention program titled Ship Escort Response Vessel System (SERVS) was held last week and involved 27 vessels and 121 local crew members. Numerous changes to the Harbor tariff would be recommended to the City Council, consisting of several corrections and also two new "customer friendly" policies strongly endorsed by the Port and Commerce Advisory Board. In Public Works, the first dolphin was completely and successfully installed last weekend for the SMC Dolphin project. The Coast Guard was currently getting all required permits for the upcoming project and they expected to break ground the first part of May. The water tank property negotiations were winding down. The department was working towards totaling the needed appropriation for rectifying the snow and ice budget. The city received all the paperwork for the Dairy Hill grant award from Department of Homeland Security for signature from staff; this document should be finished and en -route back to DHS for finalization next week. City of Seward, Alaska City Council Minuses April 23, 2012 Volume 38, Page 812 An update of the Seward Power Plant Integration Progress was given to the council. The Lip Fire /Building Department issued a letter of notice of abatement last week for a collapsed building in town. Hunt stated he received email from Chief Coy from United States Air Force, who informed the City Manager they would be relinquishing their Recreation Camp property back to the city and wanted to know if the city would be willing to accept the structures on the land with a quit claim deed. The Parks and Recreation Department was planning the management of the Pink Cheeks Triathlon, researching the sliding fee scale for TYC fees, preparing for the opening of parking, re- opening the boardwalk, and opening city playgrounds as weather allowed. Hunt noted several Sports and Recreation events that occurred and were coming up for the community. In response to council questions, Hunt stated he would follow up with Department of Transportation on the upcoming road closures, he anticipated seeing the resolution approving the TYC sliding fee scales on the next agenda, and deferred to the Assistant City Manager to summarize their city travels to Seattle and Washington, D.C. Assistant City Manager Ron Long said he, Hun, and Bardarson started in Seattle with a productive series of meetings with cruise and transport companies. They traveled on to Washington, D.C. for many meetings with delegations, where the lobbying firms accompanied the city staff. Through a meeting with the Army Corps of Engineers, they learned that at some point they would need to agree on a strategy on the cost overages on the small breakwater in the harbor. Senator Begich would be bringing forward some temporary solutions to the discontinuance of the J -1 Visa Program. Hunt announced the public meeting for the Lowell Point Diversion Dam Study this Wednesday, April 25, 2012, hosted by the City of Seward and the U.S. Army Corps of Engineers. City Attorney's Report, Cheryl Brooking spoke on relevant legal issues. She spoke on an on a decision on the Alaska Open Meetings Act that occurred last February. She cited a case in the Fairbanks North Star Borough where the platting board met on a site visit but didn't consider it a meeting. The board cured this by holding a public meeting later and the court found the borough did ultimately comply. To not start any precedence and to stress the importance of reasonable and adequate notice, however, the court did not award attorney fees and awards to the borough. Brooking also discussed a recent public records request for the mayor's personal cell phone records. After researching this issue, her opinion was that the cell phone records were not subject to disclosure. Brooking's opinion on this matter was issued in writing to the City Clerk if anyone wished to review it. The Alaska Statutes had a definition of what a public record was, and they must be developed or received by a public agency. The City of Seward's code broadly addressed public records and it recognized the competing interest to rights of privacy. The Supreme Court was hearing a case right now regarding former Governor Sarah Palin's emails on her personal cell phone. The judge ruled they were not subject to disclosure because they were not defined as records based on statutes on what was considered a public record. Personal cell phone records at this point were not subject to disclosure. The decision mentioned above was currently on appeal and they had been waiting for a decision for about a year and a half now. This was the law currently as she interpreted it. Cheryl pointed out it had been acknowledged in the courts that this could be considered a loop hole in open communications. 1�.. Mayoral Report, David Seaward stated on April 10, 2012 he spoke at the Rotary Club. He encouraged the public to come to him with questions any time. He also went to the Every 15 City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page 813 Minutes mock drill on April 12 - 13, 2012 and thanked the Bear Creek Fire Department, the Seward kori Volunteer Ambulance Corps, and the high school students involved. Today, he and the City Manager met with railroad representatives to discuss the $30 million dollar deficit they may be facing from the federal government. A lot of jobs were coming up with future projects. In response to Shafer, Seaward gave examples of the city changing and including the rehabilitation of the Old Solly's Building, the development of the Jesse Lee Home, the expansion of the harbor, and the projected 10 -20% increase in the tourism industry. He saw all of these things as a good sign for Seward. Other Reports, Announcements and Presentations City Clerk Johanna Kinney gave a brief update on the Seward Incorporation Centennial Ad I Ioc meeting earlier today. Kinney reported the committee appointed Bev Dunham as the chair of the committee and started coming up with ideas and proposals. They intended to have a "kick off' public reception on Tuesday, May 29, 2012 at 6:30 p.m. just before the council meeting in the council chambers. PUBLIC HEARINGS Resolution 2012 -025, Authorizing The City Manager To Enter Into A Settlement Agreement In City Of Seward V. Gillespie, Case No. 3AN -10 -7550 CI, With Regard To Condemnation Of Tract B Of Dieckgraff - Gillespie Subdivision For The North Forest Acres Levee/Road Project, In Consideration For Payment Of $150,000, In Addition To $71,720 Already Paid, twirl Construction Of A New Driveway By The City, And Conveyance Of A Portion (Approximately 17,000 Square Feet) Of Tract 5 Of Forest Acres Subdivision In Seward, Alaska. Brooking said this litigation began a few years ago when the city and property owners could not come to agreement on this property where the levee road connected with the Seward Highway. The council approved a land taking in May, 2010. Litigation had progressed and a Master's Hearing was scheduled but was suspended pending potential of this settlement agreement before the council. The council paid $71,720 already for a public use easement. The settlement agreement before them would absolve the litigation. Because it was a land exchange and required replatting, the funds would need to go into escrow. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tom Gillespie made it aware their entity had spent close to $110,000 in legal fees to get to this point, so the money wasn't going to all of them, it would go to paying off legal fees. The public hearing was closed. Motion (Keil /Terry) Approve Resolution 2012 -025 In response to council, Brooking explained Reliant was a land appraiser used by the landowners. City of Seward, Alaska City Council Minules April 23, 2012 Volume 38, Page 814 impt Motion Passed Unanimous NEW BUSINESS Resolution 2012 -026, Authorizing A Sole Source Contract With NWBS Consulting For The Purchase, Installation And Training Of New Financial Accounting Software In The Amount Of $214,766.25 And Appropriating Funds. Motion (Terry /Shafer) Approve Resolution 2012 -026 Finance Director Kris Erchinger said the city had been using the same software since 1989. When Y2K approached, they were told the software would not be supported. Since there were not a lot of financial software packages to use back then, the city decided to risk it and continue with the same software. It was assumed it would be extremely expensive and really high in demand to convert at that time. When they contacted the vendor a few months ago with a technical problem, Erchinger was informed there was no one left at the company who was familiar with the program and the hardware company no longer supported the software. It was no longer user friendly. The Finance Department searched for new software to find something affordable that would encompass all accounting software modules. They narrowed search down to the package before the council. The software was $65,415, one of the cheaper accounting software on the market. The annual maintenance was $16,000 and the implementation, training, and converting of all data was estimated lir.. at $90,000 to $130,000. Erchinger hoped it would fall on the low end of that range due to the experience and knowledge of her staff. Some communities spent up to half a million dollars to several million dollars, so Erchinger was hopeful they could do this in -house without additional staff. She hoped the new software would provide more transparency and be more user friendly. In response to Keil, Erchinger stated there were a number of communities that used this software. City staff did reference checks with current customers and the response was good. Casagranda asked if financial reports and budgets would be easier to follow with this new system. Erchinger didn't think it would make a difference as governmental budgeting was challenging and laid out according to fund types. She was willing to take suggestions to make budget documents easier to read, but there were a lot of requirements when it came to governmental accounting that she had to follow. Terry noted there was no contingency included and asked if money was not spent would it stay in those accounts, or stay with the project. Erchinger stated the money would stay where it was appropriated. She didn't recommend moving leftover funds back after the contract was finished, but that could be an option. Seaward asked about sole sourcing. Erchinger explained they picked a vendor to best fit for their needs. She did not go out to bid, which was allowed as the code exempted software purchases from competitive bidding or procurement. This was most likely because of the extremely specific needs and the unlikelihood of getting exactly what was needed by a bid or proposal. City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page 815 Motion Passed Unanimous Other New Business Council scheduled a work session to review Public Works' Facility Plan for the Lowell Point Wastewater Treatment Facility as required by the State of Alaska for Tuesday, May 29, 2012 at 5:30 p.m. in the Council Chambers (before the City Council Meeting). Council scheduled a work session to discuss opting out of the Alaska Public Offices Commission (APOC) Financial Disclosure Statement requirements and invite the Planning and Zoning Commission for Monday, May 14, 2012 at 5:30 p.m. in the Council Chambers. INFORMATIONAL ITEMS AND REPORTS (No action required) - None COUNCILS' COMMENTS Shafer said it was a great weekend and there were many people in town and the weather was nice. Visitors were coming to go whale watching. Valdatta said the Army Corps of Engineers said they would give the city what they got when it came to the breakwater. He acknowledged Alaska Small Business Development Center Seward Business Advisor Bill Clark and hoped he could speak to the council sometime about his new position in Seward. Casagranda reminded council she sent a letter to fluoride manufacturers requesting information and had yet to receive any response. She announced the Pit Bar was having a Renaissance Fair on May 5, 2012 and proceeds would go to Seward Mountain Haven for new televisions. Terry said the Annual Crop Walk was Sunday, May 6, 2012 and the event was a major provider for the food bank. She thanked the clerk for setting up the wonderful dinner with the Borough Assembly. She recognized the Chamber and staff for organizing the Seattle trip and it was nice to see the Police Chief back in the chambers after being out on medical leave. Hunt said they also met with TOTE, who informed them Seward was a back -up port for them. In the event TOTE would need to come to Seward, the Alaska Railroad volunteered some property to accommodate their needs. Seaward thanked everyone for attending tonight's meeting, GCI for televising it and Maddy Campbell for manning the camera. He felt there were great things coming to Seward. He was headed back to Anchorage tonight for work. Hunt received some calls and was researching new cameras to be installed on the Jesse Lee rr 1 tome and would be reporting back to council. City of Seward, Alaska City Council Mimite,s Apri123, 2012 Volume 38, Page 816 CITIZENS' COMMENTS Sue McClure said local boards and commissions needed members. These boards and commissions did not require filling financial disclosure statement forms, and were in serious need of members. McClure said they had been trying to find a way to get a city seat moved to an at large seat and a new suggestion was to consider making all of the seats at large seats. She confirmed the assembly did have to include their finances online, but they did get to provide ranges instead of specific dollar amounts. McClure hoped people would step up on the flood board. Maddy Campbell announced the High School was having a community blood drive on April 30, 2012 and to contact Martha Fleming to make an appointment. Bill Clark introduced himself as the new advisor for the Seward branch of the Alaska Small Business Development Center. The new office was located at the AVTEC Connection Education Building and it was a program funded on federal, state, borough, and city levels. The main purpose was to help some of the negative economic development costs from the recent economic development study in 2010. They provided free counseling and a network to develop and analyze business plans. Clark felt there was a need to help folks in Seward and would prepare something for the next council meeting. Willard Dunham was surprised to hear about the Air Force wanting to relinquish their land. That was a big hit to the city and the visitors that come to Seward. He hoped the Army Recreation Camp could take them in. He was glad to see council was looking at the APOC financial disclosure statements again. One of the reasons it failed the last time it went to a public vote was the city couldn't publicly advocate for the proposition or expend funds and Dunham said they needed to try this again. He agreed the breakwater designed by the Army Corps of Engineers was not the city's fault and they had a serious funding problem. Dunham was sorry the city didn't get an opportunity to expand last year to get Congress to insert verbage to move funding for the Pacific Division. It was important to note it was the Corps' mistake. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta excused himself for putting Clark on the spot. He commended the Police Department for allowing people to call and report road conditions to them. Long said while in D.C., they didn't just talk to the Corps on the outstanding debt on the breakwater, they also spoke to all the D.C. delegates on this topic. Shafer would like to know what Sitka did, as they were in the same situation. Terry thought they would need a work session before any resolution came before council. Hunt said there was time, but it was corning, possibly this summer. Long said the need for resolution was because it could be a cloud that would hang over future projects. ADJOURNMENT sr The meeting was adjourned at 8:52 p.m. City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page 817 rr hanna Kinney, CMC David Seaward ity Clerk Mayor (City Seal) Q� ►s+r�rr •ae G � rt ��� � + _ W • • SEAL : tit : '•. OF AV ` ��, r