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HomeMy WebLinkAbout02282018 City Council Laydowns I �b o'V °o Sp(,0-1(;)0,3 Layitsv\JAZ‘ Record Grant and Appropriation Funding 2013 $27,551,440 2014 $20,980,939 2015 $18,320,212 2016 $22,234,457 Totaling $89,087,048 Goals Refurbish Lowell Canyon water tank Anticipating two Coast Guard Sentinel Cutters will call Seward home(up to 110 full-time personnel). Work continues on this homeport project Working on Public-Private Partnership in an effort to be awarded a FAA UAV-ROV Economic Development/Public Safety Program for Seward Develop an answer(s)for housing the Fire Department's Quint on this side of the bay Audit vacation rentals and B&Bs for proper safety and utility billing Implement a new"City of Seward Gold Star"Lodging Program that recognizes owners/managers have had proper safety inspections and licensing is in place Examine utilizing the Chugach funds to improve South Uplands infrastructure in anticipation of growth A.F. Camp property development 1g0z2s S yyti dQu l Employment Agreement City Manager Services for James Hunt This agreement approved by the City Council of the City of Seward, effective November 1, 2011 or sooner, is between the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ("City") and James Hunt, whose address is 1076 East Mystery Drive. Kuna, Idaho 83634 ("Hunt"). The City agrees to employ Hunt as City Manager on an at-will basis. This agreement shall continue for approximately three (3) years until October 31, 2014 unless extended by mutual agreement of the parties, or terminated as provided below. 1. Hunt agrees to devote full time on behalf of the City and not engage in any other business. 2. Hunt shall be paid at the rate of $8,083.00 per month. The City Council agrees to review Hunt's performance annually. 3. Hunt shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. Hunt shall be covered by the standard City health insurance and retirement plans. He shall receive credit for annual leave accrued at the rate of 13 hours per month. 4. Hunt shall be paid $5,000 for relocation and moving expenses. If expenses go beyond this amount, Hunt will be allowed an additional $2,500 provided receipts for relocating and moving are provided. He is required to reside within the city limits. 5. Because of the peculiar nature of the City Manager position, it is agreed that the City's business can only succeed if the City Manager and the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It may, therefore, be impossible to quantify "poor performance" or "just cause" for termination given these complexities which often involve personality factors as opposed to legal or contractual factors. It is therefore the intent of both the City and Hunt, to provide for termination by either the City or Hunt without resort to any determination of cause or any necessary explanation by the City. Accordingly,this agreement may be terminated as follows: (a) By Hunt for any reason or no stated reason upon giving sixty (60) days written notice to the City. Upon receipt of notice, the City may immediately terminate the relationship or require Hunt to continue for a period not to exceed sixty (60) days at his regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within twenty-five(25) days of the receipt of notice,and the City's failure to make an election shall be deemed as election to terminate the relationship thirty (30) days from the date of receipt of the notice. If the relationship is so terminated, the City shall not be responsible for any severance or termination pay, Hunt shall be entitled to his annual leave balance to the date of termination. (b) By the City for any reason or no stated reason upon giving written notice to Hunt the City may at its option, terminate the relationship immediately. The City shall pay Hunt four(4) months' severance pay upon his termination. This agreement is the entire agreement and wherever approval of the City is required it is understood that such approval will be by the City Council of the City of Seward. This agreement supersedes any previous agreement and may be modified only in writing signed by each of the parties. This agreement will be interpreted and enforced in Alaska in accordance with the laws of the State of Alaska and is subject to all applicable Charter and ordinance provisions of the City of Seward; provided that no provisions of Title 3 of the Seward City Code shall apply except those provisions expressly identifying the city manager and except for the following enumerated provisions: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance and medical benefits, 3.45 annual leave, 3.50 holidays, 3.60 special provisions(except as set forth in Paragraph 4 above), 3.70 drug and alcohol policy, 3.75 sexual harassment policy, and 3.80 workers' compensation. DATED this (0 th day of October, 2011. CITY OF SEW.ARD, ALASKA '/ike -., ) / III .,/,,ii , , -ii,. . Willard E. Dunham, Mayor Ja -s S. Hunt __ `Cag/A/441Mite: bhanna Kinney, City Clerk *,4%; %IIIIS0... (City Seal) .•` O¢ 8 tp''�. I. At. it irk„ .re • .a'` — -- ; 4) I SEAL • C --a- g ....) ..**41.0 OF P,A00`e 411,naia s`o` EMPLOYMENT AGREEMENT AMENDMENT#1 City Manager Services for Jim Hunt This is an amendment to the agreement between the City Council of the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ("City") and Jim Hunt, whose address is PO Box 3094, Seward, Alaska 99664 ("Hunt"). Amendments: Section 2 is amended to read: "2. Hunt shall be paid at the rate of $8,750 per month. The City Council agrees to review Hunt's performance annually." This change is effective retroactive to January 28, 2013. / Section 5 the end of paragraph (a) is amended to read: "If the relationship is so terminated, the City shall be responsible for 9 (nine) months' severance or termination pay, Hunt shall be entitled to his annual leave balance to the date of termination." Except as provided herein, all other terms and conditions of the agreement dated October 10, 2011 and subsequent amendments remain in force and effect. All other provisions of the original agreement remain in effect. DATED this (("i day of February, 2013 CITY OF SEWARD, ALASKA al441 _ �A�' Davi eawarayor Hunt, City M. ager i Joh a Kinne , ty Clem. . ity Seal) mcoD� Gf , p •;" ....,... � a,•' S . .o. ix,a '• " i> i ® i SEAL : Civ i . ....�.... d : v�� • • .•,u° °="N 1. FI t fad,. AV `4'I/Z Of PA' �+ B4L'LO3.Y.0" EMPLOYMENT AGREEMENT AMENDMENT#2 City Manager Services for Jim Hunt This is an amendment to the agreement between the City Council of the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ("City") and Jim Hunt, whose address is PO Box 3094, Seward, Alaska 99664 ("Hunt"). Amendments: Section 2 is amended to the original employment agreement to read: "2. Hunt shall be paid at the rate of$108,160.00 per year." This change is effective February 10,2014. Except as provided herein, all other terms and conditions of the agreement dated October 10, 2011 and subsequent amendments remain in force and effect. All other provisions of the original agreement remain in effect. DATED this 10 day of February,2014 CITY OF SEWARD,ALASKA *1* Jean Bardarson, Mayor im H .• ,City Manager -dia. ♦ A LI«: A Jo anna Kinne C Ci', Clerk (City Seal) ��pTf B�ifpDB f"sos Ovt,P OI. o�ap F�Ai O �. `• o �d �.L " © r 4 EMPLOYMENT AGREEMENT AMENDMENT#3 City Manager Services for Jim Hunt This is.an amendment to the agreement between the City Council of the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ("City") and Jim Hunt, whose address is PO Box 3094, Seward,Alaska 99664("Hunt"). Amendments: Section 2 is amended to the original employment agreement to read: "2. Hunt shall be paid at the rate of$115,731.20 per year." The effective date of this increase shall be retroactive to November 1,2014. Add Section 6 to the original employment agreement to read: "6. City Council has agreed to a four year employment agreement with Hunt." This change is effective January 26,2015. Except as provided herein, all other terms and conditions of the agreement dated October 10, 2011 and subsequent amendments remain in force and effect. All other provisions of the original agreement remain in effect. DATED this el day of January,2015. CITY OF SEWARD,ALASKA can Bardarson,Mayor iW Hunt,City anager ) , . J 1 : : Kinney City Clerk j. ity Seal) !t' o' r C, •e: '..1���'r r e'",`, ',,.1 o i e..m' t� • • '- i. 4 N t.,: `+ c, ii a Amendment No. 4 to Employment Agreement City anager es Hunt This Amendment No. 4 is to the employment agr a enServices agreementJawith the City Hunt began employment with the City of Seward 'Ci Manager, James Hunt ("Hunt"). Resolution 2011-075. This Employment Agreement has been Oaut authorized and amended as follows:as approved y e Seward City Council in Original Agreement authorized on October 10, 2011 via Resolution 2011-075 Amendment No. 1 passed on February 11,2013 via Resolution 2013-013 Amendment No. 2 passed on February 10, 2014 via Resolution 2014-020 Amendment No. 3 passed on January 26, 2015 via Resolution 2015-007 Amendment No.4 passed on March 14, 2016 via Resolution 2016-023 This Amendment No. 4 amends the following provisions of the Agreement (Deletions are BOLD RlK€ 614; Additions are BOLD UNDERLINE). All other provisions remain unchanged. 1. Hunt agrees to devote full time on behalf of the City and may hold an interest in another business upon .Qproyal of the Seward City Council 2. Hunt shall be paid at the rate of $9,363 $8794)a per month, retroactive to January 1, 2016. The City Council agrees to review Hunt's performance annually and consider a salary increase upon a favorable review. 3. Hunt shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. Hunt shall be covered by the standard City health insurance and retirement plans. The City agrees to deposit $5.000 into Hunt's ICMA deferred compensation account for 2016. He shall receive credit for annual leave accrued at the rate of 16 2/3 .1-3 hours per month. 5. ....."Accordingly,this agreement may be terminated as follows: 5(a). By Hunt for any reason or no stated reason upon giving thirty (30) aCity. Upon receipt of notice,the City may immediately terminate the relationship or reequidreyHunt rto continue for aitten ntice tohe period not to exceed thirty (30)s4ty4603 days at his regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within ten (10) twenty-fwe-453 days of the receipt of notice, and thefailure to make an election shall be deemed as election to terminate the relatonship thirty(30) days from theCitydate of receipt of the notice. If the relationship is so terminated, the City shall not be responsible for any severance or termination pay, Hunt shall be entitled to his annual leave balance to the date of termination. 5(b) By the City for any reason or no stated reason upon giving written notice to Hunt, the City may at its option, terminate the relationship immediately. The City shall pay Hunt nine (9) months' severance pay upon his termination. This Amendment is dated this 15th day of March, 2016. CITY OF SEWARD OF° lif PA/k) Bardarson, Mayor 9e:,,lmg,�,o Ja 5 Hunt,City Mar r o s 4s4çce 4,4 07 S'L;11 ^CP fin,� co � <` �r•. �,. .,£p :,� d Vt i' ovea,c:,,- .l'. . l 7nna Kinn ty Clerk ' `_c P y Seal) : c - c:ii w o• ��o#. ''r , •U r. t;; i e,t / 2Z zff-d i)(1 PUBLIC COMMENT STATEMENT ON EXECTUIVE SESSION From: Michael Paschall, Publisher, Seward Journal February 28, 2018 The conducting of the public's business is always complicated and presents the question of when the public should be aware of, and when the public should not be aware of,the discussions about the public's business. As a public body, the Seward City Council is subject to a set of laws enacted at the federal, state, and local level. For the most part, the State of Alaska has provided that local municipalities may enact rules regarding the conduct and openness of their meetings of public bodies. The State of Alaska says in the narrative of the Public Meetings Act: • The government exists to aid in conducting the people's business. • Government units should act and deliberate openly. • The people do not yield sovereignty to government agencies that serve them. • Public servants have not been given the right to decide what is good or not good for the people to know. • People should remain informed so they may retain control over the government they created. • The use of teleconferences is for convenience of the parties, public, and government. • The Open Meetings Act should be narrowly construed to effectuate these policies and avoid unnecessary exemptions When you choose to enter into an executive session, it should be done with deliberation and understanding of the public's right to know the business of the public entity. Although the published meeting notice does not give the specificity required by Alaska law, I assume any motion made to go into executive session will do so, and will include the provision of code allowing for the executive session. As to this afternoon's executive session, I will assume the provision of Seward City Code 2.10.030(b)(4), which states, "Strategy for the negotiation of labor and other contracts," is the provision to be cited. Please note the inclusion of the word "strategy" in this provision of code. Strategy is defined as: "a plan of action or policy designed to achieve a major or overall aim."The overall aim as noticed for the meeting is to, "discuss the contract for the City Manager and set goals." I do not believe the proposed meeting qualifies for executive session. I come to this conclusion based upon the lack of notice that the purpose of the meeting is to discuss "strategy" rather than negotiate. Clearly, the council can meet to discuss its strategy to negotiate in executive session, however, once the person or entity that will be the subject of the negotiation enters the meeting, the meeting changes from a strategy session to a negotiation, and no longer falls of the provisions of Seward City Code .10.030(b)(4). Thank you.