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HomeMy WebLinkAbout03272018 City Council Minutes City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 395 CALL TO ORDER The March 27,2018 regular meeting of the Seward City Council was called to order at 7:04 p.m. by Mayor David Squires. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Marianna Keil Ristine Casagranda Sue McClure Erik Slater Suzanne Towsley Jeremy Horn comprising a quorum of the Council; and Jim Hunt, City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cuno Hansen said he had been a linesman for forty years;he was behind including the two Electric Utility Department staff members to the IBEW one hundred percent. Rebekah Ivy wanted to show her support for IBEW petition for recognition. As a support staff,she worked hand in hand with the IBEW. She believed that unnecessary fragmentation would occur if she was not allowed to be included in IBEW. The workers in that department acted as a team, even though not everything was in their contract; they worked hard and they worked well together.. Justin Roberts said he was the general counsel for IBEW. The Field Engineer and Administrative Assistant were the two positions being requested to be added. Avoiding fragmentation, coupled with the expressed desires of employees wishing to be added, were two reasons why he supported the petition. Vernon Willet said he supported the IBEW petition;he believed there was a commonality of interest in the Electric Utility Department, and he thought having two contracts in one department would add an undue burden on the department manager. The IBEW workers did a lot of work that was helpful to the community, and they continued to demonstrate a spirit of cooperation. City of Seward,Alaska City Council Minutes March 27, 2018 Volume 39,Page 396 Patrick Messmer wanted to speak in regards to the union resolution on tonight's agenda.He was concerned that there were a few items in the resolution that didn't match up with what council agreed to at the last work session, as well as a few other concerns: the election results should be based on a majority of votes cast, not eligible members; the list of employee positions in the resolution was missing some of the positions that had been discussed and agreed upon; since seasonal workers were"at will"they were afforded no protection on maintaining their job and should not be included;the opt out period should be more generous than ten days;and,the Excelsior list he had requested had not been provided yet. Brad Snowden said he had been speaking to Jim McCracken about having a 6,000 foot runway at the Seward airport,and said McCracken was supportive.The other project Snowden was interested in was connecting the downtown area with the harbor via trolley cars, and Snowden thought Marc Clemens would be a good person to take the lead on that. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil added a Chugach Electric presentation regarding the purchase of ML&P. Keil added the Introduction of Ordinance 2018-001 to New Business and requested it be on consent. Keil requested the change the order of business to address the IBEW petition as the first item of business, following the introduction of Ordinance 2018-001. Keil added a proclamation for National Public Safety Telecommunicators Week. Casagranda added an item to Other New Business to appoint an ad hoc finance committee. Towsley added an item to Other New Business to discuss the Jane Boer letter from March 8,2018. McClure requested to put Resolutions 2018-025, 2018-026, and 2018-027 on consent. Keil requested to combine the two proposed work sessions into one, and schedule it on Monday, April 9, 2018 at 5:30 p.m. Casagranda requested to postpone the discussion of the 50th Anniversary of Sister City with Obihiro, Japan Celebration Plans to the April 9, 2018 meeting. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2018-001,Amending The Zoning Designation Of Lot B1 Forest Acres Levee Replat, From Resource Management(RM)To Auto Commercial(AC)In Compliance With The Land Use Plan,Located At 2413 Seward Highway.(Introduction only;this will come for public hearing and enacted on April 9, 2018) City of Seward,Alaska City Council Minutes March 27, 2018 Volume 39, Page 397 Resolution 2018-025,Authorizing The City Manager To Enter Into A Contract With Kendall Ford For The Purchase Of One Ford AWD Police Patrol Vehicle,For An Amount Not To Exceed $37,879.00. Resolution 2018-026,Authorizing The City Manager To Issue A Purchase Order To Alaska Environmental&Safety Supply,Inc.For The Purchase And Installation Of Police Emergency Equipment On One Model Year 2012 Ford Explorer, The Cost Not To Exceed $1,620.00. Resolution 2018-027,Authorizing The City Manager To Purchase A Replacement Vehicle In The Form Of A Dodge 2500 4x4 Truck From Anchorage Chrysler To Replace A 2002 Dodge 4x4 Truck At The Harbor, And Appropriating Funds In The Amount Of$31,227. Resolution 2018-028, Authorizing The City Manager To Enter Into An Agreement With Marathon Electric LLC To Provide Support For The Electric Meter Roll-Out Scheduled For April And May Of 2018. Approval of the February 26, 2018 Regular Meeting Minutes and the February 28, 2018 Special Meeting Minutes. Non-objection to the new liquor license and approval of Restaurant Designation Permit application for The Highliner Restaurant, Restaurant/Eating Place — Public Convenience #5621. A work session was scheduled for Air Force Recreation Camp Development Concepts&South Harbor Launch Ramp Replacement Project on Monday, April 9, 2018 at 5:30 p.m. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Margaret Anderson National Public Safety Telecommunicators Week Chamber of Commerce Report. Cindy Clock reported that Mount Marathon Race registration would close at midnight on March 31, 2018; there were already 648 applications for priority racers and 920 lottery race applications.The grey whale migration whale tours had started with Kenai Fjords Tours and Major Marine Tours. The Seward Second Saturdays had been very successful. The SMIC Relaunch event would be April 20 & 21, 2018. There would be a Rotary Conference in Seward on May 18-20,2018. Matt Eagleton from NOAA was making a site visit to Seward this week to plan ahead for the Western Groundfish Conference in 2020. The Seward Chamber of Commerce was supporting a small business incubator project.On April 13,2018,Tara Reimer would be at the chamber's member luncheon to speak about the Alaska SeaLife Center's upcoming 20th anniversary. City Manager Report.Jim Hunt stated the following purchase orders between$10,000 and $50,000 had been approved by the city manager since the last council meeting: None. City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 398 Hunt said the federal lobbyist reported to him that the 2018 fiscal year budget included $950,000 for the US Army Corps of Engineers to continue with the alternative study. As well, administration was seeking grant funding for the harbor and animal shelter. The Lowell Point Sewage Lagoon was being monitored regularly; the public could contact dispatch to report any problems. Finance Director Kris Erchinger wanted to update the status of the utility billing update: the water and sewer rates were now accurately reflected at the correct 2.1%, and the pre-15`h meter read misbill issue had been corrected. The April 9,2018 city council meeting would be addressing the water and sewer tariff corrections. The BDO auditors were at the Seward Community Health Center (SCHC) this week; next week five auditors would start in the city. The monthly Chugach Electric bills were being posted on the city website called COPA in the document center. The city had been advertising the auction sale of the property located at 408 Madison Street;bids were due to the city clerk's office no later than May 2,2018 by 4:00 p.m.;information could be found on the city website under 2018 surplus. McClure inquired about the status of the Eastern Peninsula Highway Emergency Service Area(EPHSA)update.Hunt said the board had been meeting,and with the change in administration, the new Borough Mayor Charlie Pierce had decided to transition away from an independent coordinator and possibly go with a fire chief instead. City Attorney Report.WM Earnhart said he had been in Seward for two council meetings and two work sessions last month. He reported that the City Clerk's office had received a recall petition, which Earnhart had turned over to another attorney in his firm. He was concerned with many of the posts being put out on Facebook;there were some very inaccurate postings being put out there. There were two temporary/seasonal employees had been notified repeatedly of their employment status since December,2017;both employees were currently eligible for rehire.One of those employees had applied for a position in the city and,after not getting the job,had contacted the city with questions as a reporter.Earnhart encouraged everyone to move forward,to work together, to trust but verify, and to ask questions. Casagranda stated that she, after receiving a threatening letter and after not receiving any feedback or guidance from the city attorney for ten days, had sought legal advice from another attorney for her own security and peace of mind. She had incurred a$600 bill as a result,and wished to be reimbursed for the expense,citing that she had been scared and uncomfortable talking to other members of council or administration about the situation. Squires offered to work with Casagranda and administration to see what could be worked out. Keil said she objected to paying this bill because she believed it was a personal expense, and Squires reiterated that he wished to have the opportunity to look into the matter before it went to council for approval. In response to Casagranda, Earnhart said any member of council who had questions or concerns should contact him. Earnhart said he had repeatedly tried to reach out to Casagranda,but she had not responded. He wanted to be clear that the city indemnified council members in many instances, and he wished to be contacted with any concerns so that he could protect their interests. Towsley stated she was the council member against whom the application for recall was filed. In response to Towsley, Earnhart said Holly Wells and Katie Davies from his firm were City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 399 working on the application. Other Reports,Announcements and Presentations Margo Fliss from the UAA Business Enterprise Institute's Center for Economic Development(CED). Chugach Electric presentation regarding the purchase of ML&P. PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS Approval of International Brotherhood of Electrical Workers (IBEW) Petition For Recognition. Motion (Casagranda/Towsley) Approve the International Brotherhood of Electrical Workers (IBEW) Petition For Recognition Casagranda thought it made sense to have everyone, the Field Engineer and the Executive Assistant, in the Electric Department in the same union. Towsley also supported the petition. Earnhart wanted to explain why he thought these positions should not be allowed into the IBEW.The existing employees in the IBEW had a greater"community of interest"with each other than the administrative position would have. There would potentially be two IBEW contracts necessary to address the different job types, plus the APEA contract, plus the non-union Title 3 employees.Earnhart was also concerned with"bleed over"wherein the admin position in the Electric Department could potentially end up being paid at a very disparate rate than other admins throughout the city. Earnhart was concerned with protecting the city's interest in the long run for having duplicative jobs in two different unions. In response to Towsley,if APEA came into the city,there would be two union contracts.The difference with the IBEW linemen union,there were no replacements or substitutions for the work they did.Eamhart followed up by explaining when there were two unions that covered similar jobs, there was the potential for jealousy between the two positions. Erchinger said when the Electric Department admin was on vacation, some of the duties fell to Payroll to pick up; if there were two different unions, with two employees in two different unions or non-unions, covering the same position could potentially lead to conflict. Horn asked if there was any way to avoid these conflicts going forward, in the event that council allowed IBEW and APEA. Earnhart said the risk was in the future interpretation of the contracts and the work that both positions performed. City of Seward,Alaska City Council Minutes March 27, 2018 Volume 39,Page 400 McClure asked if the Field Engineer would be a position of concern,as well.Electric Utility Manager John Foutz said there was only one position in his department that did the work of a field engineer, and he didn't know if there was cross over to other departments. Slater thought because there were only two positions being impacted, he supported the petition. Keil wished to split the positions, allowing the Field Engineer to go to IBEW and the Executive Assistant to go with APEA. Squires had questions about the city's ability to move people around.APEA had requested to represent these positions first.McClure concurred with Squires that this petition could be considered in the future. Towsley thought there may time sensitivity for this petition to be addressed. Motion (Keil/McClure) Divide the question to address the Field Engineer and the Executive Assistant separately. Motion to Divide Passed Unanimous Consent Motion Approve the Field Engineer Motion Passed Yes: Slater,Horn, Towsley, McClure, Casagranda,Keil No: Squires Motion Approve the Executive Assistant Motion Passed Yes: Towsley, Casagranda,Horn, Slater, No: McClure,Keil, Squires Resolution 2018-024,Authorizing A Union Representation Election For Certain Employees, Identifying The Job Positions Eligible To Vote, And Providing Direction If An Affirmative Vote Results. Motion (Keil/Casagranda) Approve Resolution 2018-024 Erchinger said there were two departments previously discussed that had multiple seconds; because of the nature of the departments, they wished to have the flexibility to choose from more than one second. Hunt recommended council approve this resolution. Motion to Amend (Keil/Towsley) Amend Resolution 2018-024 in Section 2 by striking the Field Engineer and the Electric Dept. Executive Assistant Motion to Amend Passed Unanimous City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 401 Motion to Amend (McClure/Casagranda) Amend Resolution 2018-024 in Section 3 by changing the words to read: "If a majority of votes cast by eligible employees vote have voted to be represented, then an executive session will be held to provide direction to the Administration to negotiate a contract with APEA." Motion to Amend Passed Unanimous Motion to Amend (Casagranda/McClure) Amend Resolution 2018-024 in the 6th Whereas by striking the words, "either supervisory or confidential and, therefore,". Motion to Amend Passed Unanimous Motion to Amend (Towsley/Keil) Amend Resolution 2018-024 by adding the word, "Regular" in the title so it reads, "...FOR CERTAIN REGULAR EMPLOYEES" and in the Sections so it reads,"...for eligible regular employees...". Motion to Amend Passed Unanimous Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 2 by adding,"MIS Senior Technician". Motion to Amend Passed Yes: Keil,McClure,Towsley,Casagranda, Slater,Horn No: Squires Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 2 by adding,"MIS Aide". Motion to Amend Passed Unanimous Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 2 by adding,"Accounting Supervisor". Motion to Amend Failed Yes: Casagranda, Slater,Towsley No: McClure,Keil,Horn, Squires Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 2 by adding, "Patrol Sergeant". Motion to Amend Passed Yes: McClure,Slater,Horn,Towsley, City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 402 Casagranda No: Keil, Squires Motion to Amend (Casagranda/Horn) Amend Resolution 2018-024 in Section 2 by adding, "Police Department Executive Assistant". Motion to Amend Withdrawn Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 1 by adding, "The City Clerk will receive a list of all eligible regular employees on Friday, April 13, 2018 by 5:00 p.m., and will provide that list to City Council." Motion to Amend Passed Unanimous Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 4 by striking,"...ten(10)days..."and replacing it with, "...at any time...". Motion to Amend Withdrawn Primary Motion to Amend(Casagranda/Towsley)Amend Resolution 2018-024 in Section 4 by adding,"Thereafter,any employee wishing to opt out of the union must give thirty(30) days written notice and then shall be considered as having opted out." Secondary Motion to Amend(Casagranda/Towsley)Amend Resolution 2018-024 in Section 4 by adding, "Any employee wishing to opt back in may do so after the next contract is negotiated." Secondary Motion to Amend Passed Unanimous Primary Motion to Amend Passed Unanimous Motion to Amend (Towsley/Casagranda) Amend Resolution 2018-024 in Section 4 by adding, "...and approved by council." to the last sentence. Motion to Amend Passed Unanimous Motion to Amend(Towsley/Casagranda) Amend Resolution 2018-024 in Section 2 by Adding, "Shop Foreman, Wastewater Foreman, and Street Foreman". City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 403 Motion to Amend Failed Yes: Horn, Casagranda,Towsley No: Keil, McClure, Slater,Squires Motion to Amend (Casagranda/Towsley) Amend Resolution 2018-024 in Section 2 by Adding, "Shop Foreman". Motion to Amend Passed Yes: Slater,Towsley, Casagranda, Horn No: Keil,McClure,Squires Motion to Amend (Towsley/Casagranda) Amend Resolution 2018-024 in Section 2 by Adding,"Street Foreman". Motion to Amend Failed Yes: Towsley,Casagranda No: Slater,Horn,McClure,Keil,Squires Motion to Amend (Towsley/Casagranda) Amend Resolution 2018-024 in Section 2 by Adding, "Wastewater Foreman". Motion to Amend Passed Yes: Towsley, Casagranda,Horn, Slater No: McClure,Keil, Squires Motion to Amend (Towsley/Casagranda) Amend Resolution 2018-024 in Section 2 by Adding, "TYC Coordinator". Motion to Amend Passed Yes: Towsley,Casagranda,Slater,Horn No: Keil,McClure,Squires Main Motion Passed Unanimous Other New Business Items Discuss 50th Anniversary of Sister City with Obihiro,Japan Celebration Plans. This item was postponed to the April 9, 2018 agenda. Council unanimously approved postponing all other business,except the Executive Session,to the April 9, 2018 agenda, and approved moving directly to Citizen Comments from here. Discuss and/or schedule a work session for Brad Snowden's cruise ship dock concept.This item was postponed to the April 9, 2018 agenda. Discuss appointing a Special Ad Hoc Council Study Committee to research and study the water and sewer tariffs, and provide recommendations to council. This item was postponed to the April 9, 2018 agenda. City of Seward,Alaska City Council Minutes March 27,2018 Volume 39,Page 404 Discuss appointing a Special Ad Hoc Council Study Committee to research and study the electric tariff,and provide recommendations to council..This item was postponed to the April 9, 2018 agenda. Discuss appointing a Special Ad Hoc Council Study Committee for finance. This item was postponed to the April 9, 2018 agenda. Discuss the March 8,2018 Jane Boer letter. This item was postponed to the April 9, 2018 agenda. • INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List. Clerk's memo on Seward International Friendship Association (SIFA)and student exchange travel stipend account. COUNCIL COMMENTS Towsley was disappointed the city manager was unable to finish tonight's meeting. An application for recall had been submitted against Towsley. She said many of the things being said about Towsley were not true; a recall would be divisive and cost the taxpayers money. She welcomed questions from anyone, and was not afraid to share the truth with people. She thanked administration, council, and the public for getting through the process of addressing all the resolutions. McClure thanked everyone who came and said she thought council did something remarkable tonight. She wished everyone a Happy Easter. Keil thanked Margaret Anderson for all her years of service to Seward. She reminded everyone that March 31, 2018 was the deadline for applying for the Permanent Fund Dividend (PFD). Slater thanked the crowd for coming tonight. Horn thanked everyone for the turnout tonight.He thought it had been a grueling couple of months,but that progress was being made.He thanked administration for all their hard work,council for their time, and all the people for coming out. Squires thanked administration for their work and the public for coming out. He reminded council that he would be gone from April 8 — 13, 2018 in Baltimore, and then would be going directly to Washington, DC through April 17, 2018. Erchinger said the city manager had been suffering with a very serious health issue and had difficulty staying through tonight's meeting; she implored people to have compassion. CITIZEN COMMENTS City of Seward,Alaska City Council Minutes March 27, 2018 Volume 39,Page 405 Becky Dunn had attended an animal shelter meeting earlier today;there had been 17 people in attendance. She wished to give an update on funding for a new shelter: $29,450 the city had in a fund from donations, and SOS Pets had $17,000. Fundraising thermometers were being made to show the level of donations received.Dunn thanked Margaret Anderson for her years of service,and for speaking up in support of the animal shelter. She thanked Keil and McClure for attending the animal shelter meeting and for providing good input. Patrick Messmer thanked council,administration,and his department head for the work on the union resolution. Rebekah Ivy thanked all three unions who showed up for these council meetings. She thanked Casagranda and Towsley for supporting the employees and the union. Vernon Willet thanked council for their hard work, and for recognizing the Electric Department as a team.The team in that department was better than it ever had been in his eight years with the city. Lynda Paquette thought tonight was a great meeting. She was hoping for a follow up on the smells from the lagoon, as well as the status on locating the ML Foster reports. The community of Lowell Point had not forgotten about calling dispatch to report problems;the smell now was not the hydrogen sulfide smell as it was a couple years ago,but was more like outhouse or dumpster smells. Regarding Lowell Point Road,there was a Facebook page called Friends of Lowell Point Coalition. The community was concerned that a rock had fallen down today, and a vehicle window had been smashed out as it was driving by. Doug Schoessler encouraged people to contact the Public Works Department directly if anyone noticed smells. He had three foremen in his shop, and putting someone into acting status interfered with his employees being on call or receiving overtime. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Erchinger said administration was considering creating a Facebook page to counter social media. She wished to dispel bad information posted on Facebook from a temporary employee who was working at TYC and who had not complied with standard operating procedures.A harassment claim ensued, and Erchinger had been accused of retaliation as a result. Erchinger cautioned the public about believing everything they saw on social media. On another note, donations for the animal shelter could be submitted at the utility counter. The meeting was recessed to Thursday, March 29, 2018 at 12:00 p.m. ******************************************************************************* The meeting resumed on Thursday,March 29,2018 at 12:00 p.m. ROLL CALL City of Seward,Alaska City Council Minutes March 27, 2018 Volume 39,Page 406 There were present: David Squires presiding and Marianna Keil Ristine Casagranda Sue McClure Erik Slater Suzanne Towsley Jeremy Horn comprising a quorum of the Council; and Brenda Ballou, City Clerk EXECUTIVE SESSION Motion (Keil/Casagranda) Go into executive session to discuss negotiation strategy for the City Manager's contract. Motion Passed Unanimous Council went into Executive Session at 12:03 p.m. Council came out of Executive Session at 12:38 p.m. Council directed the Negotiating Committee to meet with the city manager. ADJOURNMENT The meeting was adjourned at 12:39 p.m. /4 , % 4 B -nda J. Ballou, C Davi Squires City Clerk Mayor 0$$SI/1S1.. 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