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HomeMy WebLinkAbout04102017 City Council PacketSeward City Council Agenda Packet Happy Easter April 10, 2017 City Council Chambers Beginning at 7:00 p.m. The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} April 10, 2017 7:00 p.m. Council Chambers Jean Bardarson CALL TO ORDER Mayor PLEDGE OF ALLEGIANCE Term Expires 2017 ROLL CALL CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMSSCHEDULED FORPUBLIC HEARING Vice Mayor \[Thosewhohavesignedin will begiventhefirstopportunityto Term Expires 2018speak. Time is limited to3minutesper speaker and36 minutesto tal time for this agenda item.\] Ristine Casagranda APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval of Consent Agenda passes all routine items indicated Council Member byasterisk (*). Consent Agenda items are not considered separately Term Expires 2018 unlessacouncil memberso requests.Intheevent of such arequest,the item isreturned to the Regular Agenda\] David Squires SPECIAL ORDERS,PRESENTATIONS AND REPORTS Council Member Term Expires 2017 Proclamationsand Awards Sue McClure National Telecommunicators Week April 9-15, Council Member 2017 Term Expires 2017 NationalLibrary WeekApril 9-15, 2017 WeLove UsProclamation Deborah Altermatt Council Member CityManagerReport Term Expires 2017 City Attorney Report OtherReportsand Presentations Erik Slater Council Member PUBLIC HEARINGS– None Term Expires 2018 James Hunt City Manager Johanna Kinney City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda April 10, 2017 Page 1 8.UNFINISHED BUSINESS– None 9.NEW BUSINESS A.Resolutions Resolution 2017-020,Accepting FundsFor A CertifiedLocal Government Grant Award In The AmountUp To $2,000 ToDevelop The SewardHistoricPreservation Plan, Including Up To $1,200 In Federal ShareAndUp To $800In Non-Federal ShareAndIn-Kind Contributions, And Appropriating Funds. Resolution 2017-021, Authorizing ThePurchaseOfADodgeRam2500STFrom AnchorageChryslerForANetPriceOf$31,200.00And The PurchaseOf Installed Af ter-MarketOperatingEquipmentFrom Quality EquipmentSales And Service For $8,184.00 For ATotalCost Of $39,384.00 ForThe ElectricDepartment. Resolution 2017-022, Authorizing TheCityManagerToEnterInto An Agreement With Frontier Directional Drilling Specialists, IncTo Provide Directional Boring Services To Relocate Two Primary Electric Supply CircuitsFrom Poles Mounted AlongThirdAvenue, Adjacent ToThe Lagoon, AndTwo Additional LocationsIn OldMillSubdivisionAnd Seward Marine Industrial Center (SMIC) , Plus 10%For Contingencies, For AnAmountNot To Exceed $399,375.20 And Appropriating Funds. B.Other New Business Items *1.Approval of the March 13, 2017 and March28, 2017 Regular City Council Meeting Minutes. Schedule a work session to review executivesession procedures. (Bardarson) Discussion of 2014 City of Sewardnepotismmemoand interpretation of Interference inAdministrative Services.(Keil) INFORMATIONAL ITEMSAND REPORTS(No Action Required) Planning and Zoning Commission Quarterly Report. CityClerk Procedural Memoon making motions, primary amendments,and secondaryamendments. On-going City Projectand Goal List. COUNCIL COMMENTS CITIZEN COMMENTS COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS ADJOURNMENT City of Seward, Alaska Council Agenda April 10, 2017 Page 2 P R O C L A M A T I O N WHEREAS,emergencies whichrequire police, fire, or emergency medical servicescan occur at anytime; and, WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and medics is critical to the protection of life and the preservation of property; and, WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Seward communications center; and, WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services, and are avital link for enabling police officers, medics and firefighters tomonitor activities by radio, providing information and insuring their safety; and, WHEREAS,Public Safety Dispatchers of the Seward Police Department have contributed substantially to the quick apprehension of criminals, the efficient suppression of fires, and the responsive treatment of patients; and, WHEREAS,Public Safety Dispatchers exhibit compassion, understanding, and professionalismduring the performance of their jobs, and are greatly appreciated by all the citizens of Seward. NOW, THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska do hereby declare the week of April 9-15, 2017as National Public Safety Telecommunicators Week and encourage everyone tohonor the men and women whose diligence and professionalism keep our city and citizenssafe. th Dated this 10 day of April, 2017. THE CITY OF SEWARD, ALASKA ____________________________ Jean Bardarson, Mayor 3 PROCLAMATION WHEREAS, libraries everywhere play a vital role insupporting and enriching the quality of life in theircommunities, campuses and schools; and WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they needtocreate,learn, liveor work ina challenging economy;and WHEREAS, libraries serveas crucial technology hubs with Internetaccess, public access computers, online resources, information technology,technology training, and assistance withjob resources;and WHEREAS, libraries value literacy in all its forms and support literacy by encouraging and promoting continuing education, early literacyand lifelong learning; and WHEREAS, libraries continuously grow and evolve in how they provide for the needs of every memberof their communities; and WHEREAS, during the month of April the Seward Community Library & Museum Directorhas declared amnesty on all overdue fines for overdue materials. NOW THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska, do thth hereby proclaim April 9 - 15as National Library Week, andthe month of April as Library Amnesty Monthfor the citizens of Seward, and encourage everyoneto visit ourlocal library this week to take advantage of our wonderful library collections, resourcesand spaces inhonor of: National Library Week th Dated this 10 Day of April, 2017THE CITY OF SEWARD, ALASKA _________________________ Jean Bardarson, Mayor 4 P R O C L A M A T I O N WHEREAS, theCitySewardstrivestobe a happyandpeacefulcommunity; and WHEREAS, WELOVEUSwasfoundedlocallyonMarch30, 2013, as a grassroots movementforhumanitytocreatepeaceonearth; and WHEREAS, WELOVEUSisanacronymcomposedofeightphrasesthatexpressthe missionofpeaceonEarth; and WHEREAS, WisforWeaving a fabricofunityandpeace; and WHEREAS, EisforEmbracingEarthasirreplaceableandalllifewithrespect; and WHEREAS, LisforLovingandforgivingunconditionally; and WHEREAS, OisforOfferingopenness,honesty,truthfulness,andtransparency; and WHEREAS, VisforVolunteeringandservingothers; and WHEREAS, EisforEnsuringeveryonegets a voiceandvote; and WHEREAS, UisforUnitingthe divided withinfinitelove; and WHEREAS, SisforSolvingourproblemstogetherinharmony;and WHEREAS, theCityofSewardisproudtobethefirstcityinhistorytoembraceand endorseWELOVEUSas a frameworkforpeace. NOW,THEREFORE,I, JeanBardarson,MayoroftheCityofSeward,Alaska, do herebyproclaimSewardasthefirstWELOVEUScity. th Dated this 10Day of April, 2017THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 5 6 7 8 9 City of Seward, Alaska AUDIT PLANNING YEAR ENDED DECEMBER 31, 2016 The following communication was prepared as part of our audit, has consequential limitations, and is intended solely for the information and use of those charged with governance (e.g., Honorable Mayor and City Council) and, if appropriate, management of the City and is not intended and should not be used by anyone other than these specified parties. BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. 10 Tel: 907-278-88783601 C Street, Suite 600 Fax: 907-278-5779 Anchorage, AK 99503 www.bdo.com February 15, 2017 Honorable Mayor and Members of the City Council City of Seward, Alaska Professional standards require us to communicate with you regarding matters related to the financial statement audit that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. This report provides an overview of our plan for the audit of the financial statements of City of Seward, Alaska (the City) as of and for the year ended December 31, 2016, including a summary of our overall objectives for the audit, and the nature, scope, and timing of the planned audit work and any other permitted services requested by the City, as pre-approved by those charged with governance. We are pleased to be of service to the City and are available to discuss our audit plan, as well as other matters that may be of interest to you, at time during the year. Respectfully, BDO USA, LLP, a Delaware limited liability partnership, is the U.S. member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. 11 Discussion Outline Page Client Service Team .................................................................................................. 3 Management’s Responsibilities ...................................................................................... 4 Engagement Objectives .............................................................................................. 5 Overall Audit Strategy - Planned Scope ............................................................................ 6 Overall Audit Timeline ............................................................................................... 8 Independence Communication ...................................................................................... 9 Significant Accounting and Reporting Matters .................................................................. 10 Get to Know BDO .................................................................................................... 11 BDO Center for Corporate Governance and Financial Reporting ............................................ 15 12 Client Service Team Our client service team members for this year’s audit, tax services are listed below . As a matter of policy, we attempt to provide continuity of service to our clients to the greatest extent possible in accordance with mandated partner rotation rules and other circumstances that may impact continuity. Where engagement team rotation is necessary, we will discuss this matter with those charged with governance and determine the appropriate new individuals to be assigned to the engagement based on particular experience, expertise, and engagement needs. Engagement Team: Engagement Partner – Lia Patton Manager – Steve Stanchina Senior Auditor – Michelle Kiese In-Charge – Satya Partyka Audit Staff – Grant Ellingson, Jae Lee, Ashley Soennichsen, and Nicholas Stoudt In addition to the on-site Anchorage audit team, we will be teaming with BDO National personnel to provide you with the most experienced expertise. These individuals will provide technical consultation and review as needed throughout the engagement. Technical Reviewer - Patricia Duperron Technical Reviewer – John Bost 3 AUDIT PLANNING – DECEMBER 31, 2016 13 Management’s Responsibilities Management is responsible for preparing, with the oversight of those charged with governance, the consolidated financial statements and disclosures in conformity with accounting principles generally accepted in the United States of America (GAAP) as of December 31, 2016. Management’s responsibilities also include the following: Establish and maintain effective internal control over financial reporting and proper accounting records. Identify and ensure compliance with relevant laws and regulations. Safeguard the City’s assets. Select appropriate accounting principles. Use reasonable judgments and accounting estimates. Evaluate whether there is substantial doubt about the City’s ability to continue as a going concern and the impact on the presentation and disclosure within the financial statements. Complete a GAAP disclosure checklist to ensure there are no significant financial statement disclosure deficiencies. Make all financial records and related information available to BDO. Record material audit adjustments and affirm to BDO that the impact of uncorrected misstatements, if any, is immaterial to the financial statements taken as a whole. Make appropriate communications to management and auditors of City components (see Group Audit below). These communications should include matters known to the City that may impact the financial statements of the components. Provide BDO with a letter confirming representations made during the audit. 4 AUDIT PLANNING – DECEMBER 31, 2016 14 Engagement Objectives Our objectives with respect to the audit of the City’s annual financial statements are summarized below: Plan and perform an audit to obtain reasonable assurance about whether the financial statements are free of material misstatements, whether caused by error or fraud. An audit in accordance with auditing standards generally accepted in the United States of America does not provide absolute assurance relative to or any guarantee of the accuracy of the financial statements and is subject to the inherent risk that errors or fraud, if they exist, may not be detected. Obtain a sufficient understanding of the City’s internal control to plan the audit of the financial statements. However, such understanding is required for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Communicate our responsibilities in relation to the audit and establish an understanding of the terms of the engagement, including our engagement letter to the City which was provided to the Finance Director on February 15, 2017. Provide an overview of the overall audit strategy and planned scope and timing of the audit. Inquire of those charged with governance about risks of material misstatement, including fraud risks, and whether those charged with governance are aware of other matters that may be relevant to the audit such as, but not limited to, violations or possible violations of laws or regulations and complaints or concerns raised regarding accounting or auditing matters. Consult regarding accounting and reporting matters as needed throughout the year. Communicate with management and those charged with governance regarding significant deficiencies and material weaknesses identified during our audit and other timely observations that are significant and relevant to the financial reporting process. Work with management toward timely issuance of financial statements. Maintain our independence with respect to the City. Ensure that those charged with governance are kept appropriately informed in a timely manner of the City’s financial reporting matters; comply with professional standards as to communications with those charged with governance. 5 AUDIT PLANNING – DECEMBER 31, 2016 15 Overall Audit Strategy - Planned Scope Overall, our audit strategy is to focus on higher risk areas of material misstatement (whether due to error or fraud) and other areas of concern for management and those charged with governance. Our audit strategy includes consideration of: Prior year audit results together with the results of any review procedures on the City’s interim financial information, including discussions with management and those charged with governance regarding the City’s operations, business activities, and risks. Inherent risk within the City (i.e., the susceptibility of the financial statements to material error or fraud) before recognizing the effectiveness of the control systems. A continual assessment of materiality thresholds based upon qualitative and quantitative factors affecting the City. Recent developments within the industry, regulatory environment, and general economic conditions. Recently issued and effective accounting and financial reporting guidance. The City’s significant accounting policies and procedures, including those requiring significant management judgments and estimates and those related to significant unusual transactions. The control environment, risk management and monitoring processes, and the possibility that the control systems and procedures may fail to prevent or detect a material error or fraud. We intend to place reliance on internal controls, where applicable, in determining the degree of detailed substantive testing required. Information about systems and the computer environment in which financial records and related systems operate. 6 AUDIT PLANNING – DECEMBER 31, 2016 16 Overall Audit Strategy - Planned Scope Based upon our initial assessment, our audit will entaila combination of testing controls for reliance and substantive testing. The primary areas of focus in our overall audit strategy include the following. Fraud Risk Internal Control Over Financial Reporting Revenue Recognition Accounts Receivable and Allowances Investments Inventory Valuation Capital Assets Long Term Debt Net Assets / Fund Balance Evaluation of Going Concern Evaluation of Related Party Relationships and Transactions Other Matters, Including Significant Unusual Transactions GROUP AUDIT The audit of the City of Seward requires financial presentation for all components of the reporting entity. The reporting entity is comprised of the City, itself (its funds and accounts), as well as its “component units” as defined by GAAP. This collection of individual reporting entities comprises the “Group”. Our audit is considered the “Group” Audit. Included within the reporting entity is the Providence Seward Medical and Care Center (PSMCC). The PSMCC have contracted with KPMG, LLC (the component auditor) to conduct the audit of the PSMCC operations. As part of our planned audit strategy, we will initiate required communications with the component auditor which will include confirmation of their independence with respect to the entire group, identification of related parties, identification of audit risks, and other required communications. At the completion of the audit, our audit report will make reference to those other auditors. 7 AUDIT PLANNING – DECEMBER 31, 2016 17 Overall Audit Timeline The following represents our anticipated schedule with regard to our audit of the annual financial statements of the City: AprMayJunJulAugSepOctNovDec JanFebMar Periodic Meetings and Discussions With Management Develop Audit Strategy, and Determine Nature and Scope of Testing Internal Control Assessment and Testing Substantive Testing (confirmation procedures, etc.) Review Draft Financial Statements Final Communications With Those Charged With Governance Release Opinions on Financial Statements On-site audit fieldwork is set to begin March 27, 2017 and will run for three consecutive weeks. Our goal is to opinion date no later than June 30. However, we note the following items of concern which could impact the timely completion of the audit: GASB 68 – The City implemented the provisions of GASB Statement 68 in the 2015 financial statements. In order to continue this statement for the City, we must receive the necessary liability and payroll allocations from the Alaska Division of Retirement and Benefits (AKDRB). When we last spoke with the AKDRB they anticipated an April 2017 release date of the audited information. The City’s audit cannot be completed without this information. 8 AUDIT PLANNING – DECEMBER 31, 2016 18 Independence Communication Our engagement letter to you dated February 15, 2017 describes our responsibilities in accordance with professional standards and certain regulatory authorities with regard to independence and the performance of our services. This letter also stipulates the responsibilities of the City with respect to independence as agreed to by the City. Please refer to that letter for further information. CONTACT INFORMATION We would be happy to answer any questions you might have regarding the audit. And also, this is a good opportunity for you to communicate any specific areas of focus or concern that you have regarding the audit or audit plan. You can contact us at (907) 278-8878 any time with issues or concerns. You can also reach us by email at the following: Lia Patton - lpatton@bdo.com Steve Stanchina – sstanchina@bdo.com Michelle Kiese – mkiese@bdo.com Grant Ellingson – gellingson@bdo.com 9 AUDIT PLANNING – DECEMBER 31, 2016 19 Significant Accounting and Reporting Matters GASB 72 – Fair Value Measurement and Application – Effective for year-end December 31, 2016 – This statement defines fair value and describes how fair value should be measured, what assets and liabilities should be measured at fair value, and what information about fair value should be disclosed in the notes to the financial statements. This statement is expected to primarily affect investment disclosures. GASB 73 – Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement 68, and Amendments to Certain Provisions of GASB Statements 67 and 68 – This statement contains certain clarifications and amendments to GASB 67 and 68 as well as establishing requirements for both defined benefit and defined contribution pensions not within the scope of GASB 68. Effective for fiscal - year end December 31, 2016—except those provisions that address employers and governmental nonemployer contributing entities for pensions that are not within the scope of Statement 68, which are effective for financial statements for year ending December 31, 2017. GASB 76 – The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments – Effective for year-end December 31, 2016 – This statement clarifies the hierarchy of generally accepted accounting principles to be used in the preparation of state and local government financial statements. This statement supersedes the previous hierarchy established in GASB 55. GASB 77 – Tax Abatement Disclosures – Effective for year-end December 31, 2016 – This statement requires local governments to provide financial disclosures relating to tax abatements affecting the government. This includes information about abatement agreements entered into directly by the government, including conditions and criteria under which taxes can be abated, and the type and dollar amount of the tax. In addition, the statement requires disclosure of tax abatements issued by other governments that affect the local government’s revenue recognition and reporting. GASB 78 – Pensions Provided through Certain Multiple-Employer Defined Benefit Pension Plans – Effective for year-end December 31, 2016 – This statement amends the scope and applicability of GASB 68 to exclude pensions provided to employees through a cost-sharing multiple-employer defined benefit pension plan that is (1) not a state or local government pension plan,(2) used to provide defined benefit pensions to employees of both government and non-government employers, and (3) has no predominant state or local government employer, either individually or collectively with other governmental employers providing pensions in the plan. GASB 79 – Certain External Investment Pools and Pool Participants – Effective for year-end December 31, 2016 - This Statement addresses accounting and financial reporting for certain external investment pools and pool participants. Specifically, it establishes criteria for an external investment pool to qualify for making the election to measure all of its investments at amortized cost for financial reporting purposes. 10 AUDIT PLANNING – DECEMBER 31, 2016 20 Get to Know BDO BDO provides assurance, tax, advisory, and consulting services to a wide range of publicly traded and privately held companies - clients of all sizes across industries, throughout the country, and around the globe. Our clients are serviced by experienced, knowledgeable, industry-focused professionals who work collaboratively and have direct access to top technical resources. BDO’s culture and values establish a set of standards embodied by our work, our relationships and our professionals. We are guided by our core values: put people first; be exceptional every day, every way; embrace change; empowerment through knowledge; and choose accountability. 11 AUDIT PLANNING – DECEMBER 31, 2016 21 Get to Know BDO The firm serves clients through more than 60 offices and over 450 independent alliance firm locations nationwide. As an independent Member Firm of BDO International Limited, BDO serves multinational clients through a global network of 1,400+ offices in over 150 countries. 12 AUDIT PLANNING – DECEMBER 31, 2016 22 Get to Know BDO BDO’s strength is derived from our structure as a cohesive global network and dedication to internal integration and seamless client service - when and where our clients need us. In each country, BDO Member Firms are composed of people who are knowledgeable about national laws, business customs, and local and international business methods. As our clients expand globally, access to our international network can help them do business with a depth of experience in international matters, significant resources and international client service capabilities. BDO USA, LLP* BDO International** 60+1,408 Office Locations Offices Worldwide+ in the U.S. 64,303 6,057 Total Personnel Dedicated Partners and Staff $7.3B Total Combined Fee Income+ $1.29B **As of and for the year ended U.S. Revenues September 30, 2015 +Including exclusive alliances of *As of and for the BDO Member Firms year ended June 30, 2016 13 AUDIT PLANNING – DECEMBER 31, 2016 23 Get to Know BDO INDUSTRY EXPERIENCE Industry experience has emerged at the top of the list of what businesses need and expect from their accountants and advisors. The power of industry experience is perspective - perspective we bring to help you best leverage your own capabilities and resources. BDO’s industry focus is part of who we are and how we serve our clients, and has been for over a century. We demonstrate our experience through knowledgeable professionals, relevant client work and participation in the industries we serve. A variety of publications and insights depicting specific industry issues, emerging trends and developments are available here. For further information on the following BDO industries, please visit https://www.bdo.com/industries. Asset Management Manufacturing & Distribution Broker Dealers Natural Resources Consumer Business Nonprofit & Education Financial Institutions & Specialty Finance Private Equity Gaming, Hospitality & Leisure Public Sector Government Contracting Real Estate & Construction Healthcare Restaurants Insurance Technology & Life Sciences 14 AUDIT PLANNING – DECEMBER 31, 2016 24 BDO Center for Corporate Governance and Financial Reporting The BDO Center for Corporate Governance and Financial Reporting A dynamic and searchable on-line resource for board of directors and financial executives AN INCREDIBLE RESOURCE AT YOUR FINGERTIPS The BDO Center for Corporate Governance and Financial Reporting was born from the need to have a comprehensive, online, and easy-to-use resource for topics relevant to boards of directors and financial executives. We encourage you to visit the Center often for up-to-date information and insights you can rely on. What you will find includes: Thought leadership, practice aids, tools, and newsletters Technical updates and insights on emerging business issues Three-pronged evolving curriculum consisting of upcoming webinars and archived self-study content Opportunities to engage with BDO thought leaders External governance community resources “FINALLY, A RESOURCE CENTER WITH THE CONTINUAL EDUCATION NEEDS OF THOSE CHARGED WITH GOVERNANCE AND FINANCIAL REPORTING IN MIND!” BDO SUBSCRIPTIONS TO PROGRAMMING AND INSIGHTS To begin receiving email notifications regarding BDO publications and event invitations (live and web- based), visit https://www.bdo.com/member/registration and create a user profile. If you already have an account on BDO’s website, visit the My Profile page to login and manage your account preferences https://www.bdo.com/member/my-profile. For more information about BDO’s Center for Corporate Governance, please go to: www.bdo.com/resource-centers/governance. 15 AUDIT PLANNING – DECEMBER 31, 2016 25 26 27 28 29 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING FUNDS FOR A CERTIFIED LOCAL GOVERNMENT GRANT AWARD IN THE AMOUNT UP TO $2,000 TO DEVELOP THE SEWARD HISTORIC PRESERVATION PLAN, INCLUDING UP TO $1,200 IN FEDERAL SHARE AND UP TO $800 IN NON- FEDERAL SHARE AND IN-KIND CONTRIBUTIONS, AND APPROPRIATING FUNDS WHEREAS,the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a Historic Preservation Fund Grant funding to Certified Local Governments; and WHEREAS,the City of Seward Historic Preservation Commission (SHPC) has applied for and has been awarded past Historic Preservation FundGrantsto assist with the revision and development of the 1996 Seward Historic Preservation Plan;and WHEREAS,City Staff requested a CLG Grant application requesting funds to continue to develop the Seward Historic Preservation Plan on March 24, 2017; and WHEREAS,City Staff was notified by the State Historic Preservation Commission on March 28, 2017 that a discretionary grant can be funded up to $2,000; and WHEREAS, total project costs are estimated at $2,000, including $1,200 Federal share, and $800 in cash and/or in-kind City share; and WHEREAS, City Staff will submit the FY2016 Historic Preservation Fund CLG grant application upon Council approval; and WHEREAS,grant funds will be administered by City of Seward staff, expenditures reimbursed after invoices are submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to accept and appropriate funds from a FY2016 CLG grant from State Historic Preservation Offices (SHPO) for the purpose of developing a Historic Preservation Plan in the amount of $2,000. Section 2.Funding in the amount of $2,000 is hereby accepted from SHPO grant account no. 01000-1500-4252-0011 and appropriated to contracted services account number 01000-1500-7009- 0011. 30 CITY OF SEWARD, ALASKA RESOLUTION 2017-020 ___________________________ Section 3.In addition, an appropriation of $800 is hereby appropriated from the General Fund reserves account no. 01000-0000-3400 to contracted services account number 01000-1500- 7009-0011. Section 4. This resolution shall take effect immediately. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 10dayof April, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 31 32 33 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A DODGE RAM 2500 ST FROM ANCHORAGE CHRYSLERFOR A NET PRICE OF $31,200.00AND THE PURCHASE OF INSTALLED AFTER-MARKET OPERATING EQUIPMENT FROM QUALITY EQUIPMENT SALES AND SERVICE FOR $8,184.00FOR A TOTAL COSTOF $39,384.00FOR THE ELECTRIC DEPARTMENT WHEREAS,the City Electric Department is in need of a new operator/mechanic truck to replacevehicle #505, a 1998 Ford F250 truck which has incurred significant repair costsand has been inoperative for extensive amount of time, making replacement necessaryand more cost- efficient; and WHEREAS, this vehicle is essential to the day-to-day operations of the electric department; and serves as the primary service vehicle for the operator/mechanics when out in the field; and WHEREAS, the electric department requires certain after-market equipment installed to effectively and efficiently perform operational duties; and WHEREAS,the City solicited quotes based on the State’s competitive procurement process, for three-quarter ton trucks, and Anchorage Chrysler provided the lowest bid to meet the City’s criteria; and WHEREAS, Quality Equipment Sales &Service isthe lowest of three responsive bidders for the requested quote of the list of additional equipment; and WHEREAS, Seward City Code 6.10.120(B) exempts from competitive procurement requirements, major purchases when the City utilizes bids obtained from other governmental units. The Code does not exempt the after-market equipment and three quotes were obtained for these items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City Manager is hereby authorized to purchase a Dodge Ram 2500 STfrom Anchorage Chryslerin the amount of $31,200.00,with funding to come from the Motor Pool Fund reserves. Section 2.The City Manager is hereby authorized to purchase installed essential equipment from Quality Equipment Sales & Service in the amount of $8,184.00. 34 CITY OF SEWARD, ALASKA RESOLUTION 2017-021 ___________________________ Section 3. Funding in the amount of $45,000was appropriated via Resolution 2017-019 for the purchase of this equipment, so no further appropriation is needed. Section 4.In accordance with Seward City Code 6.10.120(B), the vehicle purchaseis exempt from competitive procurement requirements in accordance with the recitals above which are incorporated herein. Section 5.This resolution shall take effect immediately. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 10day of April, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 35 36 37 38 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITYMANAGER TO ENTER INTO AN AGREEMENT WITH FRONTIER DIRECTIONALDRILLING SPECIALISTS, INC.TO PROVIDE DIRECTIONAL BORING SERVICES TO RELOCATE TWO PRIMARY ELECTRIC SUPPLY CIRCUITS FROMPOLES MOUNTED ALONG THIRD AVENUE, ADJACENT TO THE LAGOON, AND TWO ADDITIONAL LOCATIONSIN OLD MILL SUBDIVISION AND SEWARDMARINE INDUSTRIAL CENTER (SMIC), PLUS 10% FOR CONTINGENCIES, FOR AN AMOUNT NOT TO EXCEED $399,375.20AND APPROPRIATING FUNDS WHEREAS,the power pole line crossing the Lagoon has reached the end of its useful life and is in imminent danger of failure; and WHEREAS, these poles carry all of the electric power lines which feed the City south of Dairy Hill Road; and WHEREAS, it has been determined to be impractical to trench along Third Avenue; and WHEREAS, two critical locations, one in Old Mill Subdivision and one at SMIC require boring under streams; and WHEREAS, following a formal bid process, in accordance with SCC 6.10.210, Frontier Directional Boring Inc. was found to be the low bidder with a combined total bid of $363,069.20; and WHEREAS, it is prudent, due to the unknown nature of the boring substrate, to allow for a contingency in the amount of $36,306 (or 10%), in case of unexpected field conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City Manager is authorized to enter into an agreement with Frontier Directional Drilling Specialists, Inc to provide directional boring services support to relocate two primary electric supply circuits from poles mounted along Third Avenue, adjacent to the Lagoon, and two additional locations in Old Mill Subdivision and SMIC,in substantial form as presented at this meeting. Section 2.Funding in an amount not to exceed $399,375.20 is hereby appropriated from the Electric Major Repair and Replacement Fundundesignated net assets account no. 15001- 0000-3400, to infrastructure account no. 15001-0000-8101. 39 CITY OF SEWARD, ALASKA RESOLUTION 2017-022 ___________________________ Section 3.This resolution shall take effect immediately upon its adoption. th PASSED AND APPROVED by theCityCounciloftheCityofSeward,Alaska, this 1 day of, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page CALL TO ORDER The March 13, 2017 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Sue McClure Erik Slater comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Will Earnhart, City Attorney Absent – Altermatt CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING th Willard Dunhamspoke on the 150 Anniversary celebration of the purchase of Alaska. There was an event April 21-22, 2017 at the Kenai Peninsula College on 150 years of history on the Kenai.Dunham stated he’d been asked by several groups in Seward on what the community should do.He suggested a projectto construct a replica of the signed purchase agreement and a painting of the signing. Andy Mezirowwas a charter boat owner and member of the North Pacific Fishery Management Council (NPFMC).He stated the NPFMC spoke on the U.S. Navyexercise coming up in May and that there was concern about it.Mezirow provided the Seward City Council a letter that the NPFMC wrote on this issue. The NPFMC requested the Navy report back from their exercise. Mezirow noted the Navyhad said they were intending to do less than what they were permitted to do in Alaska watersfor this military training exercise.Mezirow stated it was important to ask for feedback. By unanimous consent, council suspended the rules to ask questions of Mezirow. 73 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page In response to Casagranda, Mezirow stated the capability to sink vessels or discharge large ordnances was listed in the military’s organizational plan for this exercise, but it was presented to the NPFMC the military did not intend to do either of these things. Council went back on the rules. Kenn Carpenterannounced he was Seward’snew assembly representative for District6 on the Kenai Peninsula Borough Assembly.He encouraged council and the public to please contact him if they had any questions. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil added the following item under Other New Business: Discussion on sending a letter to the U.S. Military, requesting information on activities regarding the Northern Edge Exercise. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of February 27, 2017 Regular City Council Meeting Minutes. Non-objection to the liquor license renewal for The Sea Bean #5399. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Seward’s Day Proclamation City Manager Report. Jim Hunt stated the following purchase orders between $10,000 and $50,000 were authorized by him since the last council meeting: ·$10,045.50 to AK Garden & Pet Supply for salt for the Public Works Department ·$14,344.00 to DYNO Battery for batteries for generators 3 & 6for the Electric Department ·$34,216.00 to AK Pump Supply flygt pump for lift station #1 for the Public Works Department Hunt stated he met with Yaron Pew of the Pew Charitable Trust, who was working with communities to lobby for the funding of deferred maintenance for all national parks. Assistant City Manager Ron Long noted the city signed a no-cost change order for change of scope with R&MConsultants for the complete design for final engineering of the Seward Marine Industrial Center (SMIC) expansion project. There had been delays in the project, primarily due to 74 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page weather. The April 15, 2017 contract deadline for the breakwater completion may be tight. McClure noted there was a broken stop sign by the Seward Highway and the Chevron gas station.She wanted to know when the holiday decorations would be taken down. Hunt said currently the garland was frozen to the poles, so they had to wait until it was warmerbefore removing them. Keil reminded the public to shovel snow for access to electric meters and oil tanks. City Attorney Report. Will Earnhartstated he would be providing council with a more updated written report.The attorney received Orion’s brief on the Ninth Circuit appeal, and he was working on a response.The City Attorney worked with administration on updating land transfer procedures to bring them up to date, which was complicated. In response to Casagranda, Earnhart said executive sessions were not part of the public record and the idea behind them was to be able to deal with sensitive issues.It took discretion to determine which issues should be sensitive. He stated not disclosing what was said in executive session was the best practice,but some things of a practical matter came out of them. Other Reports, Announcements and Presentations Presentation by Emily Stolarcyk of Eyak Preservation Council regarding siting and timing of U.S. Navy training exercises in Gulf of Alaska. PUBLIC HEARINGS – None UNFINISHED BUSINESS –None NEW BUSINESS Resolution 2017-013, Opposing Siting And Timing Of U.S. NavyTraining Exercises That Pose Risks To Fish And Fisheries In The Gulf Of Alaska.(Casagranda/Slater) Motion (Keil/Casagranda) Approve Resolution 2017-013 Long clarified administration did not craft this resolution. Slater thought it was important to hear this side of the issue and thought Seward should stand by the other communities and present a united front. Casagranda echoed Slater’s comments.She had concerns from the beginning regarding the timing ofthe Northern Edge exercise.She thought it was important to have a voice about marine life and their coastal community.She wanted to work together with the Navy, but wantedour country to care about our community and marine life. 75 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page McClure felt they’d been told two very different opinions on the issue.She was more in line with suggesting having a full report; she didn’t think it was possible to change their minds on this issue as the training was scheduled to take place in about six weeks. Keil wasn’t willing to commit the entire community to this resolution. They had a long standing history with the military in Seward. Motion (Keil/McClure) Postpone Resolution 2017-013 Indefinitely Casagranda thought this motion was disregarding the work put into the resolution.She felt this resolution should be able to be brought back, and indefinite postponement would never bring it back. Bardarson had an issue bringing this forward six weeks prior. She wasn’t comfortable with it. Motion to Postpone Failed Yes: Keil, Bardarson No: Squires, Casagranda, McClure, Slater Casagranda thought that when the Navypresented to the City Council in November, 2016, they were told they would be sinking a ship. She felt this was a resolution asking for transparency and communication. She agreed they were hearing different things. Long felt unqualified to speak on this matter, but noted the timingof when fish and animals were in Seward.In May, they would have migrating gray whales and humpbacks. It was unclear that an impact could take place if this exercise occurred. Squires didn’t agree with the resolution being well written. He didn’t agree with Section 1, refraining from using live ordnance or sonar, or Section 2 with the location.He felt like the request for an after-action report wouldn’t happen,as that information wouldn’t be public.He couldn’t support the resolution as it was written. Motion to Amend (Casagranda/Slater) Amend Resolution 2017-013, striking Sections 1 and 2. Motion Failed Yes: Casagranda, Slater No: McClure, Keil, Squires, Bardarson Main Motion Failed Yes: Slater, Casagranda No: Keil, McClure, Squires, Bardarson Other New Business Items Direct the City Clerk to send a letter to the University of Alaska Fairbanks College of Fisheries and Ocean Sciences, encouraging the continuance of Seward as the host city for the annual Alaska Tsunami Ocean Sciences Bowl.(McClure) 76 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page Council directed the letter be sentto the Dean and staff of the College of Fisheries and Ocean Sciences, as well as the Board of Regents. Discussion on sending a letter to the U.S. Military, requesting information on activities regarding the Northern Edge Exercise. Keil thought a letter to the U.S. Military requesting training operations be conducted in September would be a good option for council. Squires thought they should have a resolution and a letter. Council directed administration to put together a resolution with assistance from interested council members to bring back for approval at the next meeting. INFORMATIONAL ITEMS AND REPORTS – None COUNCIL COMMENTS Casagranda said when she was in executive session,she expected anything discussedto be confidential. She felt her privacy was invadedafter a recent session.Casagranda felt executive session protocol should be clear in the City Council Rulesof Procedure or in the City Code. Earnhart said Robert’s Rules of Procedure stated that everything in executive session was secret.It was up to the body to sanction anyone who violated that secrecy.As a practical matter, some information did come out incertain instances; for example,if the council was to give direction to the attorney on a legal case.Bardarson agreed council needed to make a policy regarding executive sessions with respect to evaluations. Slaterthanked Emily Stolarcykand Andy Mezirow for coming down and speaking tonight. McClurewelcomed Mr. Carpenterto the assembly.She hoped Mr. Dunham would speak th more on the 150anniversary. She and Lee Poleske were talking about having a big community picnic. Squirescongratulated Carpenter.He thanked Stolarcykand Mezirow for bringing information tonightregarding the naval training exercise.Squires requested the March 21, 2017 council work session be rescheduled.Council rescheduled the work session on city projects and goals to March 20, 2017 at 5:00 p.m. Keilthanked the departments for working so well together during the snow days. She thanked everyone for their hard work and working cooperatively together. Bardarsonattended the Seward Volunteer Fire Department awards banquet and it was another well done event. She expressed appreciation to those who kept Seward safe. CITIZEN COMMENTS 77 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page Christina Hendricksonspoke on the Northern Edge Exercise.She sponsored a similar resolution in Girdwood that opposed the siting and timing of the exercise.Hendrickson was a former defense contractor and felt she had subject matter expertise on this issue.She came to Seward to fish and see the animals. She had read the environmental impact statement and heard the audio presentation the military gave Seward in November, 2016. All of the information presented to various people at various times had differed. Hendrickson invited the councilto check out www.summerisforsalmon.org for more information on the matter. Kris Erchinger had worked for the city for many years. She stated she and her family had been the subject of intimidationand attacks by a council member. When council members became aware of inappropriate behavior of another member, they had aresponsibility to stop that behavior to protect city employees. Erchingerfelt the intimidation of following her around and taking photos was inappropriate and she had had enough. th Willard Dunhamelaborated on the celebration of the 150 Anniversary of the purchase of Alaska.The city could participate in creating a replica of the actual signing purchase documents in Russian, French, and English as an attraction forthe city. Dunham stated he would like to see this in the museum.He hoped someone from Seward could attend the 150 year conference in Kenai on April 21, and 22, 2017.He thanked McClure for bringing attention to the possibility of moving the National Ocean Sciences Bowl.The Seward Marine Center was going to need the city’s help to stay viable as Seward could not afford to have that facility closed. COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keilsaid teleconferencing was available on March 16, 2017 for Seward on state Senate Bills 22and 24, for the operating and mental health budgets, respectively. She believed that the next resolution that came forward on the military training exercise should be a little bit tougher and have more of a Seward stamp on it. McClureproposed they consider participating in obtaining this replica mentioned. She was willing to talk and work with Dunham about it. Squiresappreciated Ms. Hendrickson’s comments tonight. Casagrandathought that what council just heard was a perfect example of why information should not be leaked from executive sessions. It was dispersed inappropriately and misunderstood. The other day she was at the grocery store and her daughter asked her why certain people were following Casagranda. Bardarsonfelt there was a problem. She asked the clerk to put on the next agenda an executive session regarding procedures. She would work on language and submit it to the clerk. EXECUTIVE SESSION Motion (Keil/McClure) Go Into Executive Session To Discuss the CityClerk’s Annual Evaluation. 78 City of Seward, AlaskaCity Council Minutes March 13, 2017 Volume 40, Page The City Clerk was invited to stay. Motion Passed Unanimous Council went into Executive Session at 8:50 p.m. Council came out of Executive Session at 9:43 p.m. ADJOURNMENT The meeting was adjourned at 9:44 p.m. ____________________________________ ____________________________________ Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) 79 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page CALL TO ORDER The March 28, 2017 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemonsled the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Sue McClure Deborah Altermatt Erik Slater comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Rolf Bardarsonsaid he was contracted to sweepthe Safeway parking lot, and historically he tried to do it in the off hours when the parking lot was not full of customer vehicles. His truck made noise at 73 decibels, which was above the 50 decibel maximum allowable by city code.Herequested council provide him with a noise ordinance exception for performing the job. John Frenchwas being considered for the city’s Prince Williams Sound Regional Citizens’ Advisory Council (PWSRCAC) representative and was very interested in serving in this capacity. Orson Smith had been the city’s PWSRCAC representative for the past two years, and he would be happy to continue for the next two years. Lynda Paquettesaid the Lowell Point Sewage Lagoon had recently turned sour again,and the smell was suddenly awful. Wadeen Hepworthwas here to address the statement made at the previous council meeting. She said the best defense was a good offense. She wondered why the employee who spoke at the last council meeting, if she was so concerned, wouldn’t file a police report. Moreover, she said she 80 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page wondered why information was leaked from a confidential session, especially when the person leaking the information knew it would be inflammatory. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/McClure) Approval of Agenda and Consent Agenda Casagranda added an item under Other New Business to discuss funding for the completion of the Historic Preservation Plan. Casagranda requested to move the Executive Session to a publicdiscussion item. Keil opposed. Motion (Casagranda/ Strikethe Executive Session from the agenda and add a new itemunder Other New Business: “Discuss potential further action regarding Council’s role in monitoring administrative employees and the legal implications thereto.” Motion died for lack of second. Bardarson requested to move Resolution 2017-017 onto theconsent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2017-016, Encouraging Congress To Create A Reliable, Predictable Stream Of Resources To Address Deferred Maintenance Needs In America’s National Park System. Resolution 2017-017, Retroactively Amending The 2016 Budget To Account For Additional Sales Tax To The Hospital Fund Based On Additional Collections And Closing Out Completed Projects At Year-End, And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards – None Chamber of Commerce Report. Cindy Clock introduced Ron Wille,one of the Chamber of Commerce board memberswho accompanied her tonight. Wille spoke about the chamber’s goal of supporting the increase inaffordable housing;one idea proposed was for morehigh-density housing options. Clock said the Adventure Travel Show was held recently in Denver, and over 10,000 people attended every day. Hundreds of people had visited Seward last weekend for the Marathon Miners Wrestling Club Tournament. This coming weekend was the Mat-Su Sports Show, which was a big,well-attended event. People werealsoexcited about the upcoming Mermaid Festivalwhich wouldcoincide with Harbor Opening Weekend. The annual Seattle Partners trip was 81 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page coming up soon, and the agenda was full for thatvisit. The next chamber luncheon would be April 14, 2017 at the Breeze Inn.Clock showed a new video that would be on the chamber’s website (seward.com) and Facebook page; it was compiled partly fromamateur video that had been submitted. In response to Squires, Wille explainedthe chamber board had identified affordable housing as a key goal to focus on this year. Squires would beinterested in the City Council having a joint work session with the Chamber of Commerce to address this issue. In response toMcClure, Clock said the Mt. Marathon Race sign ups would close on Friday, March 31, 2017 and it appeared that approximately 2,000 people had applied.Some of the race fields had been expanded to accommodate increased participant interest. City Manager Report. Jim Huntsaid the following purchaseorder between $10,000 and $50,000had been approvedsince the lastcouncil meeting: $13,600for a DL350 5-wheel loader with 337 hours to be used at the Seward Marine Industrial Center (SMIC).Hunt added that, following up on a previous council request for information about the status of the Friends of the Jesse Lee Home (FJLH), therewas still an active contract in place with FJLH so he had nochanges or updates to report. Keil mentioned that a stop sign located at Third Avenue and Washington Streethad fallen over. Other Reports, Announcements and Presentations PUBLIC HEARINGS Resolution 2017-014, Authorizing The Exercise Of Option No. 1 To The Kenai Fjords Tours Lease 97-102 To Extend The Term Of The Lease By Five Years, And To Add Interim Rental Adjustments By The Annual CPI. Motion (Keil/Casagranda) Approve Resolution 2017-014 Assistant City Manager Ron Long invited Harbormaster NormRegisto address council. Regis said the current lease would expire on September 23, 2017. Regis said the original lease included two five-year extensions, but required that each five-year extension was required to come before councilfor approval.In addition, the lease would also be impacted by a mandatory Consumer Price Index (CPI) increase. 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. Squires asked if the leaseholder was in good standing with taxes, etc. Regis confirmed they had never been in default and were in good standing. Motion Passed Unanimous 82 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page Resolution 2017-015, Authorizing The City Manager To Enter Into A “Third Amended And Restated Agreement For Lease Of Tract 2A, Waterfront Tracts, And The Lease, Operation And Maintenance Of The Alaska SeaLife Center” With The Seward Association For The Advancement Of Marine Science. Motion (Keil/Casagranda) Approve Resolution 2017-015 Longsaid,although this resolution appeared to be complicated, it boiled down to two funds which were in place: one for the Maintenance Repair and Replacement Fund (MRRF) and another called a Termination Fund which was in place in the event that the Alaska SeaLife Center (ASLC) had to shut down operations. Tonight’s resolution would open a portion of the funds in the Termination Fund for short-term accessfor cash flow purposes,and was to bereplaced/repaid over time. 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. Squires asked if the ASLChad access to the MRRFnow; Long said they did for repairs, but not for cash flow purposes. In response to Squires, Long said the Termination Fundwas what was being opened up for the ASLC to access for cash flow purposes through this resolution. Motion Passed Unanimous UNFINISHED BUSINESS –None NEW BUSINESS Resolution 2017-018, In Support Of Changes To Timing And Siting Of U.S. Navy Operation Northern Edge Training Exercises In The Gulf Of Alaska. Motion (Keil/Casagranda) Approve Resolution 2017-018 Long said this resolution was a compilation of feedback from councilplusadditional research administration has conducted, and he was bringing it forward at the behest of council. Motion to Amend (Squires/Keil) Amend Resolution 2017-018 by addinga new “Section 2.With the concerns the community has raised, the City Council respectfullyrequests the National Marine Fisheries Service (NMFS) to conduct an after-action survey of the training area, migration routes, haul out areas, and rookeries, and advise the concerned communities of any findings.” and moving the old Section 2 down to become Section 3. 83 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page Motion to Amend Passed Unanimous Main Motion Passed Unanimous Council directed administration to send a copy of this resolution to the U.S. Navy, U.S. Air Force, the City’s entirestate and federal legislative delegation, all communities impacted by this exercise, and to Emily Stolarcykand Christina Hendricksonfrom the Eyak Preservation Council. Resolution 2017-019 , Amending The 2017 Budget To Reflect Mid-Cycle Budget Adjustments, And Appropriating Funds. Motion (Keil/McClure) Approve Resolution 2017-019 Long said this was a low-key true-up of the mid-cycle budget. The highlights included: both sales tax revenues and property tax revenues were up; fish tax revenues were estimated to be down by approximately $100,000; the Police Department had an increase in wages; insurance costs were up;and,the cemeteryneeded $25,000. There would also be some changes to thestructure of the Parks and Recreation Department which would help smooth out seasonal training issues. In responseto Casagranda, Long confirmed that there were noother changes predicted to the budget at this time.Casagrandawondered why there wasn’t a projected increase in parking revenues documented as well. Long suggested that any revenue increase would be reflected in the actuals, and would only appear in a mid-cycle budget amendment if there was an anticipated expense related to it. In responseto Keil, Finance Director Kris Erchingersaid it would beup to council to decide if the police department increase would be retroactive to January1, 2017. In response to Squires, Police Chief Tom Clemonssaid patrol was the area that was experiencing the higheststaff turnover, although there were also several dispatch positions open at this time as well. In responseto Squires, Clemons said it took approximately 4.5 months to train a police dispatcher. Motion Passed Unanimous Other New Business Items Appoint John French or Orson Smith as the City of Seward Representative to the Prince William Sound Regional Citizens’ Advisory Council, with a term expiring May, 2019.City Clerk Johanna Kinney passed out ballots to council then collected them and read the vote count as follows: 6votes for Orson Smith and 1vote forJohn French.Council re-appointed Orson Smith as the city’s representative. Schedule a work session to discuss proposed evaluation procedures for City Attorney, City Clerk, and City Manager.A work session was scheduled on April 10, 2017 at 5:30 p.m. 84 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page Discuss funding for the Historic Preservation Plan. (Casagranda) Casagranda said Judith Bittner at the State Historic Preservation Office (SHPO)was offering the city grant funding for the final editing of the Historic Preservation Plan for $2,000, but SHPO requested to see the draft first prior to providing the fundingand the city’s Historic Preservation Commission was reluctant to do that and were also concerned that the Plan wouldn’t be finished by May, 2017. Another $1,000 would be needed after the final editing tocover the printing costs. Long said thatwas a self-imposed timeline put in place by thecity’sHistoric Preservation Commission, and his recommendation would be to accept the grant funding from the state. Council directed administration to apply for the SHPO organization grant fund of $2,000. INFORMATIONAL ITEMS AND REPORTS Tentative travel dates for Bardarson and Keil to Seattle and Washington, D.C. of April 25 –May 4, 2017. (Bardarson) Bardarson corrected the dates to April 26 – May 4, 2017. Priority goal list, as discussed at the March 20, 2017 Work Session. (Bardarson)Council requested that this item remain as an informational item in their packets going forward. COUNCIL COMMENTS Casagranda thanked John Frenchfor applying to PWSRCAC;she thanked all the community’s volunteers for their efforts. She had attendedthe Skip & Marie Fletcher Movie Night last week and commended the volunteers for doing such a great job. She applauded the upcoming Mermaid Festival as another great community project, and gave a bigthank you to the wrestling club for the very successful tournament last weekend. Altermattapologized for missing the last council meeting due to illness. She reiterated the importance of the Mat-Su Sports Show coming up this weekend. She commended the Library Museum stafffor handling an influx of February visitors, and said onMarch30, 2017 there would be a big Seward’s Day celebration at 7:00 p.m. at the library. The annual Harbor Opening Weekend would be May 19-21, 2017 and would include a dedication at the Mariners Memorial. Slaterreminded everyone to drive safely; hehadnoticed new visitors in town. He thanked Ron Wille and the Chamberof Commerce for a good report. Keil reminded everyone that Friday, March 31, 2017 would be thelast day to apply for the Permanent Fund Dividend. Squires thanked John French and Orson Smith for applying as the city’s representative to PWSRCAC. He said tomorrow would be the Chill It’s A Drill tsunami warning exercise between 10:15 a.m. –10:45 a.m., and alsoreminded the public that flashing blue lights on a private vehicle were,by state statute, arecognizedemergency vehicle thatrequired driversto pull over and yieldfor. McClureasked people to help newcomers understand the tsunami drillif they noticed someone in distress. She encouraged people to attend the Seward’s Day presentation which would 85 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page feature authorMichael Dunham as a speaker. The Mayor’s Cup Race would be held on Saturday, April 1, 2017. McClure thanked French and Smithfor their interest in serving on PWSRCAC. Bardarson would be attending the Mayor’s Cup Race, but wouldn’t be mushingthis time. April 4, 2017was the Mayor and County Recognition Day for National Serviceand thanked people for their service.She had heard fromresidents of Dora Way who reported they werehappy with the street plowing, but were having problems getting in and out of driveways because of the snow berms created. Huntwelcomed REI in town while they dida photo shootfor a future catalog.He noted the electricity had gone out for about an hour this evening, but had already come back on. Longsaid a temporary stop sign had been placed at ThirdAvenueand WashingtonStreet this evening. He attended asuccessfulproject meeting this morning for the South Harbor Uplands Development. CITIZEN COMMENTS WadeenHepworthcontinued her earlier comments. Her concern was that the confidentiality of an Executive Session had been breached. The citizens of Sewardhad a right to know thatif a confidential meetingwas held, the discussions would be kept confidential. Rolf Bardarsonagain requested a noise ordinance exception for sweeping the Safeway parking lot. John Frenchthanked council for their consideration of his application for PWSRCAC.He agreed that the city’s Historic Preservation Commissionhad a self-imposed timelinefor completing the Historic Preservation Plan, but said completing the planwasvery important to the commission. Willard Dunhamsaid on April 21-22, 2017 there would be a Kenai Peninsula History th Conference to celebrate 150 Anniversary of the purchase of Alaska from Russia. He encouraged everyone to attend. Tara Reimer thanked council for their support tonight for the Alaska SeaLife Center. COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keilsaid she thought that the concernsbrought forward by the employee at the March 13, 2017 council meeting warranted a response from council. Squiresthanked French and Hepworth for their time and effort on the HP plan. In response to Squires, Long said administration had the ability to issue a short-term exception to the noise ordinance to allow Bardarsonto sweep the Safeway parking lot. Bardarson called City Attorney Will Earnhart on the telephone. 86 City of Seward, AlaskaCity Council Minutes March 28, 2017 Volume 40, Page Casagrandaread a statement in response to the employee complaint fromthe last council meeting, and in advance of the Executive Session scheduled for tonight. Sherequested that it become part of the public record. City Attorney Will Earnhartwas invited to speak via teleconference by Bardarson. Earnhartreferenced his public memoof March24, 2017,andsaid the memowas somewhat incompleteon purpose in orderto protect the identity ofcertain individuals. There was a specific exposure to the city if someone felt they were being surveilled, retaliated against, or being submitted to a hostile work environment. Under the charter, city code and council rules, council members were not allowed to take personnel matters into their own hands; that was the responsibilityof administration. Earnhart saidthere were nepotism issues brought to his attentionin 2014, and he felt that he had investigated it at thattime to his satisfaction and determined there were no nepotism concerns. EXECUTIVE SESSION Go Into Executive Session Pursuant SCC 2.10.030 (b)(3), matters pertaining to threatened or pending litigation and SCC 2.10.30 (b)(5), matters which by law, municipal charter, or ordinance are required to be confidential, and to discuss potential further action regarding Council’s role in monitoring administrative employees and the legal implications thereto. (Bardarson) The Executive Session was not held.Rather, the topic was discussed in an openpublic forum during this meeting. ADJOURNMENT The meeting was adjourned at 10:12 p.m. ____________________________________ ____________________________________ Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) 87 From:Marianna Keil To:Johanna Kinney Cc:Jean Bardarson Subject:Please add for discussion Date:Friday, March 31, 2017 8:18:00 AM Johanna, Thank you for the invitation to cake for Nancy's birthday. It was delicious and Nancy was all smiles. I would like you to add the 2014 Nepotism memo and the response to my request for your interpretation of Interference in Administrative Services to our next council agenda for discussion. Thank you. Marianna 88 89 90 91 From:Johanna Kinney To:Marianna Keil Bcc:Brenda Ballou Subject:RE: code Date:Thursday, March 30, 2017 10:36:56 AM I tend to read charter/code/rules of procedure in a very black and white way, I just feel it’s safer and more fair. That said, from Will’s memo, the sections of these policies regarding administrative service all seem to initially address the appointment (and sometimes including the removal) of an employee, and that council is to not interfere with that process. But the second half of each of these provisions state the council is not to interfere with the administrative service of the city. I think those are two related, but different points. Meaning I don’t think that administrative service is solely defined on the appointment/removal of an employee. It would help to look at what administrative service is defined as. Title 5 of the charter is called Administrative Service. It says the council shall provide in the code for employment of city personnel on the basis of merit and fitness (5.3 b). It also says the city manager shall employ of be responsible for the employment of all city employees except the city clerk department, and supervise and coordinate the personnel policies and practices of the city (5.4 f). Short answer – I don’t think administrative service is defined as or limited to the appointment or removal of a city employee. Johanna Kinney From: Marianna Keil Sent: Wednesday, March 29, 2017 8:28 AM To: Johanna Kinney Subject: code Do you agree with Council member's interpretation of "interference in administrative services." Which appears to be that only refers to hiring and firing. Marianna 92 MEMORANDUM January o o o February o o o 93 March o o o o 94 Memorandum Date:March 24, 2017 To:City Council, Historical Preservation Commission, Planning and Zoning Commission, and Port and Commerce Advisory Board Fr om: Johanna Kinney, City Clerk S ubj: Motions and Amendments Council, Board Members, and Commissioners, B elow is a helpful article on making motions and amendments. Also, the order of events is captured in the minutes. Two examples are included with this memo to show this order. Questions? Let me know, please! Johanna Kinney, CMC City Clerk, City of Seward Post Office Box 167 Seward, Alaska 99664 p: 907.224.4045 e: clerk@cityofseward.net f: 907.224.4038 w: www.cityofseward.us 95 How can we be clear about motions and amendments so that all the board and those in the audience understand what the board is voting on? October 4, 2013 Making a motion and amending it once before voting on the amended motion can usually be handled with no problem. But multiple amendments, retractions and attempts to amend can leave everyone clueless about what the board is actually voting on. The chair should first accept a main motion, ask for a second and then clearly restate the motion. Once seconded, the motion belongs to the entire board and can only be amended by a vote of the board. In other words, five minutes into discussion of the motion, the original maker can't just say "Oh wait, I want to change my motion to …" and have that become the new motion. Anytime before a final vote on the motion, it can be amended by any member of the board (including the original maker of the motion) as long as two conditions are met: The motion must be directly related to the main motion ("germane") The amendment must be seconded by another board member When the motion to amend is made and seconded, the board must deal with the amendment before dealing with the main motion. The board must debate and vote on the amendment only - not the main motion. The board chair must keep everyone on the topic of the amendment. If a member begins to comment on the main motion, the chair should rule him or her out of order immediately. After debate, the chair calls for a vote on the amendment. If it passes, the chair restates the motion as amended and opens it up for debate. If the amendment fails, the chair states the motion as originally worded and the board debates the main motion. Once you are back to a main motion, that motion can be amended and the cycle begins again until the main motion is finally voted. While it is possible and allowable under Robert's Rules to have amendments of the second rank, also known as amendments to amendments, any board suffering confusion about motions and amendments is well advised to stick to one amendment at a time. If the board allows only one amendment at a time, and the chair clearly states the full language of the motion, or motion to amend, before and after each vote, confusion can be minimized. Julie Catala, board secretary for Corvallis School District 509J, has developed a simple guideline (13k ) for making and amending motions. (http://www.osba.org/-/media/Files/Resources/Board-Operations/Corvallis- cheat-sheet-for-making-motions.pdf?la=en) From the Oregon School Boards Association (http://www.osba.org/Resources/Article/Ask_Betsy/Clarity_of_motions_and_amendments.aspx): 96 PRIMARY AMENDMENT EXAMPLE Motion and corresponding actions are color coded Resolution 2017-321, A Resolution Of The City Council Of The City Of Seward, Alaska, Approving The Purchase Of A Hover Board For The Amount Not To Exceed $8,765,432.10. Motion (Smith/Wesson) Approve Resolution 2017-321 ~discussion on the main motion happens here, as well as staff input if requested by the body~ Motion to Amend (first/second)Amend Resolution 2017-321, striking the original amount and inserting $10,000,000. ~discussion on the motion to amend only happens here~ Motion to Amend Passed Unanimous ~more discussion on the main motion can happen here~ Motion to Amend (Wells/Fargo) Amend Resolution 2017-321, by adding the words “hot pink” before hover board. ~discussion on the amendment only happens here~ Motion to Amend Passed Unanimous(this is a vote on the amendment!) ~more discussion on the main motion can happen here~ Main Motion Passed Unanimous(as amended) Congratulations, you are now the proud owner of a ten million dollar hot pink hover board. 97 PRIMARY and SECONDARY AMENDMENT EXAMPLE Motion and corresponding actions are color coded Resolution 2017-321, A Resolution Of The City Council Of The City Of Seward, Alaska, Approving The Purchase Of A Hover Board For The Amount Not To Exceed $8,765,432.10. Motion (Smith/Wesson) Approve Resolution 2017-321 ~discussion on the main motion happens here, as well as staff input if requested by the body~ Motion to Amend (first/second)Amend Resolution 2017-321, striking the original amount and inserting $10,000,000. ~discussion on the motion to amend only happens here~ Motion to Amend Passed Unanimous ~more discussion can happen here~ Motion to Amend (Wells/Fargo) Amend Resolution 2017-321, by adding the word “pink” before hover board. ~discussion on the amendment only happens here~ (clerk note: it is possible to amend an amendment. This is called a secondary amendment. They can be tricky, but a good tip to remember is you can amend the amendment, if it’s a completely different change not related to the first amendment, better just save it until after you vote on the original amendment. See next example) Motion to Make Secondary AmendmentAmend the Amendment for Resolution (Wesson/Smith)2017-321, by inserting the words “hot pink” before hover board. ~discussion on the secondary amendment only happens here~ Motion to Make Secondary Amendment Passed Yes: Smith, Wesson, Wells, Fargo No: Larry, Moe, Curly ~more discussion can happen here~ Motion to Amend Passed Unanimous(this is a vote on the overall amendment!) ~more discussion can happen here~ Main Motion Passed Unanimous(as amended) Congratulations, you are now the proud owner of a ten million dollar hot pink hover board. 98 MEMORANDUM TO: City Council FROM: Johanna Kinney, City Clerk DATE:March 21, 2017 RE:City projects and goals - REVISED The following list of City Council projects and goals wasreviewedand discussed at the March 20, 2017 City Council Work Session, and revisedasfollows: 1 1.New ADA accessible parking location on west side of City Hall 1 2.Set location for Satellite Fire Station and Public Works Building 3.Expand current Council Chambers 4 4.Discussion on Air Force Rec Camp Site 5.Harbor crane 6.Saltwater Heat Pump Project 7.Energy Efficiency of City Hall 8.Ground Transportation for Ambulance Services 4 9.Animal Shelter Improvements 4 10.City Hall Elevator 3 11.Research elected/appointed official tele-conferencing possibilitiesfor meetings 3 12.Refine Executive Session Procedures 13.Update the KPB Tsunami Warning message to include specific reference to the local radio station (91.7/106.1) 4 14.Incentivize family entertainment-type businesses to come to Seward 1 15.Affordable Housing (including Summer Worker Housing) 16.Develop South Harbor Uplands 17.Seward Community Health Center Expansion 2 18.Building Maintenance 2 19.LED Light Conversions 1 Potential Work Session 2 Address as a budget consideration 3 Awaiting City Attorney input - #11 will be scratched unless City Attorney advises differently 4 Currently underway 99 April 2017May 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa April 2017 1123456 234567878910111213 910111213141514151617181920 1617181920212221222324252627 2324252627282928293031 30 SunMonTueWedThuFriSat Mar 262728293031Apr 1 Reserved for Audit Mar 26 - Apr 1 2345678 Reserved for Audit 7:00pm 10:30p12:00pm 2:00p10:00am 1:30p m P&Z Mtg m PACAB m HP WS (City Annex Mtg (Library)(Chambers) Building) Apr 2 - 8 9101112131415 Reserved for Audit 12:00pm 5:30pm 7:00pm 7:00pm 10:00p12:00pm 2:00p7:00pm 10:00p CCWS m KPB Road m PACAB m Fish & (Chambers)Service Mtg Work SessionGame (Council Meeting 7:00pm 10:30p6:30pm 10:00p Apr 9 - 15 Chambers)(Chambers) m CC Mtg m HP Mtg & (Chambers)WS (Chambe 16171819202122 1:00pm 11:00p m KPB Assembly Meeting 7:00pm 10:30p Apr 16 - 22 m P&Z Spc Mtg (City An 23242526272829 7:00pm 10:30p m CC Mtg (Chambers) Apr 23 - 29 30May 123456 Apr 30 - May 6 Nanci Richey14/5/2017 10:09 AM 100 May 2017June 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa May 2017 123456123 7891011121345678910 1415161718192011121314151617 2122232425262718192021222324 28293031252627282930 SunMonTueWedThuFriSat Apr 30May 123456 7:00pm 10:30p12:00pm 2:00p m P&Z Mtg m PACAB (City Annex Mtg Building)(Chambers) Apr 30 - May 6 78910111213 7:00pm 10:30p10:00am 1:30p m CC Mtg m HP WS (Chambers)(Chambers) May 7 - 13 14151617181920 6:00pm 9:30pm 12:00pm 2:00p P&Z WS (Citym PACAB WS Annex (Chambers) Building) 6:30pm 11:00p m HP Mtg & WS May 14 - 20 21222324252627 7:00pm 10:30p m CC Mtg (Chambers) May 21 - 27 28293031Jun 123 Holiday (Offices May 28 - Jun 3 Nanci Richey14/5/2017 8:40 AM 101