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Home My WebLink About12162013 City Council Minutes City of Seward, Alaska City Council Minutes December 16, 2013 Volume 39, Page 252 CALL TO ORDER imp The December 16, 2013 a special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Vice Mayor Keil led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Christy Terry Vanta Shafer David Squires Ristine Casagranda Dale Butts comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent— None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry/Shafer) Approval of Agenda and Consent Agenda Motion (Terry/Keil) Delete Resolution 2013-117 from the Consent Agenda and Regular Agenda Terry stated Resolution 2013-118 which she co-sponsored with Keil stated council's intent to both exercise their right in approving the selection of the Seward Community Health Center's Executive Director and formally approving the selection at the same time. She felt the extra resolution was redundant and not needed. Finance Director Kris Erchinger explained the importance to create two different actions, one for the council to agree to exercise its right to approve the selection of an executive director,and then another action to vote on the selection. Erchinger felt otherwise it could set precedence that when the city"shall have the right"to take action, it will be interpreted that they"shall"take action. Motion to Delete Passed Unanimous City of-Seward, Alaska City Council Minutes December 16, 2013 Volume 39, Page 253 Main Motion Passed Unanimous .011 The clerk read the following approved consent agenda items: ' • : . : • - e • • • • • • • • • : e • • . • : •• •• . ••• - • : • • • • .(deleted from the agenda by council) Resolution 2013-118, Approving The Seward Community Health Center (SCHC) Board Of Director's Selection Of Sharon Montagnino As The Executive Director Of The SCHC. PUBLIC HEARING Ordinance for Public Hearing and Enactment Ordinance 2013-013,Authorizing Employees Of The Seward Community Health Center To Be Non-PERS Employees Of The City For A Limited Time,And Amending Portions Of Titles 2 And 3 Of The Seward City Code. Hunt said much diligence and research had gone into the preparation of this ordinance by the Finance Director and the City Attorney. He recommended enactment to move forward on the creation of the Community Health Center in Seward. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Keil/Shafer) Enact Ordinance 2013-013 Motion to Amend (Casagranda/Squires) Amend Ordinance 2013-013, by striking in "a limited time" in the title and replacing with "three years". Casagranda was concerned with not having a specific time designated for the SCHC employees to be non-PERS employees. Shafer felt like perhaps they should give them five years, then. Squires felt the time period should be specified in the contract, simply because they were enacting an ordinance,which should deal with specific timeframes. It would be more appropriate in a resolution that approved a contract. Terry agreed, but strongly hoped the length of time SCHC employees would be city employees would be addressed in the contract. City Attorney Cheryl Brooking noted charter provisions prohibit contracts to be longer than five years without voter approval. C'ity of Seward, Alaska City Council Minutes December 16, 2013 Volume 39, Page 254 21/lotion to Amend was withdrawn by Casagranda and Squires. Motion to Amend (Terry/Keil) Amend Ordinance 2013-013, making the following changes to Seward City Code 2.40.010 of the proposed code language: "The city and the board intends to work cooperatively together with such entity the Board to improve access to primary health care in the community...- Motion to Amend Passed Unanimous Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013, adding "the Seward City Code" after "in the best interests of the community," in Seward City Code 2.40.020, Section B. Terry felt it needed to be implicit that the SCHC followed the code,especially until a contract was in place. Keil wondered if it might conflict other sections of the code, like the personnel section of the code, where council had directed that the SCHC not pertain to certain portions of that code. Motion to Amend was withdrawn by Terry and Casagranda. Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013 by reinstating Section A of Seward City Code 2.40.030 and adding a new Section B: "The Board shall provide annually all the SCHC records necessary to assure that the SCHC operations comply with applicable Federal, State and local laws and regulations." Terry said this approving this language in the powers and duties of the board section of the code would ensure the provision of records from the SCHC to the city,as similar language was also addressed in the section regarding city powers and duties. Motion to Amend Passed Unanimous Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013, adding to Section B of Seward City Code 2.40.020 "this chapter of 2.40 of the Seward City Code" after the words, "in the best interests of the community,". Cay of Seward, Alaska City Council Minutes December 16, 2013 Volume 39, Page 255 Motion to Amend Passed Unanimous Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013, strike the word "unreasonably"in Seward City Code 2.40.030, Section A. Brooking said she understood that it was difficult to measure what is reasonable and unreasonable. but the proposed language was taken directly from the Federal statutes. Motion to Amend was withdrawn by Terry and Casagranda. Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013, creating a new Section C in Seward City Code 2.40.030: "C. The Board shall enter into a co-applicant agreement with the City of Seward." Motion to Amend Passed Unanimous Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013,add to Section C of Seward City Code 2.40.040: ", which then returns to council as governed in Seward City Code 2.40.030 (A)." Squires hoped this financial information would be brought to council timely so as to avoid having to schedule extra budget meetings and work sessions. Motion to Amend Passed Unanimous Motion to Amend (Terry/Keil) Amend Ordinance 2013-013, striking Section D of Seward City Code 2.40.040, which read: "The city council shall have the right to approve financial management policies for the SCHC, assure accountability for SCHC resources, approve the annual SCHC community health center project budget, and provide long range financial planning for SCHC." and renumber accordingly. Terry felt this requirement was already addressed in a number of other places. Motion to Amend Passed Yes: Shafer, Keil, Butts, Terry, Casagranda, Bardarson No: Squires ( 'iv 01 Seward, Alaska Cdr Council Minute., December 16, 20/3 rolume 39, Page 256 Motion to Amend (Terry/Casagranda) Amend Ordinance 2013-013, striking ", if , 6.• any," in Seward City Code 3.01.020 Section C. Terry thought it was fully expected by the city,the public and the SCHC that an agreement will be in place, so the words "if any" could lead to a question of ambiguity. Motion to Amend Passed Unanimous Main Motion Passed Unanimous COUNCIL COMMENTS Shafer said Merry Christmas to everyone. Terry also wished everyone a Merry Christmas. Bardarson wished everyone a Merry Christmas. Hunt hoped to have clear communication with Providence and the SCHC board to make this project successful. He hoped everyone would work to avoid the perception of not communicating with each other. ir CITIZEN COMMENTS Sandie Roach' asked if a contract was already signed between the city and the SCI-IC Board of Directors. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Brooking stated she was referring to a co-applicant agreement dated March 26, 2013 which was included in the grant application packet. 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