Session 09-27 a Regular Meeting of the Homer City Council was called to
order on December 14, 2009 at 7:00 p.m. by Mayor James C. Hornaday at the Homer
City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer,
Alaska, and opened with the Pledge of Allegiance.
PRESENT: COUNCILMEMBERS: HOGAN,
HOWARD, LEWIS, ROBERTS, WYTHE,
ZAK
STAFF: CITY
MANAGER WREDE
CITY
CLERK JOHNSON
CITY
ATTORNEY KLINKNER
CITY
PLANNER ABBOUD
FINANCE
DIRECTOR HARVILLE
FIRE CHIEF
PAINTER
LIBRARY
DIRECTOR HILL
PERSONNEL
DIRECTOR HOBBS
POLICE
CHIEF ROBL
PORT
AND HARBOR DIRECTOR HAWKINS
PUBLIC WORKS DIRECTOR MEYER
Department Heads may be called upon from time to time to participate via teleconference.
Council met as a Committee of the Whole from 4:07 p.m. to 5:14 p.m. to discuss 2010 Budget and hear Conflicts of Interest by Attorney Klinkner. Additionally, Regular Meeting Agenda items were discussed. A Special Meeting was held from 5:30 p.m. to 6:30 p.m. for Memorandums 09-160, 09-161, and 09-162.
AGENDA APPROVAL
(Addition of items to or removing
items from the agenda will be by unanimous consent of the Council.
Approved by consensus of the City Council with the following changes:
PUBLIC HEARINGS -Ordinance 09-52, Memorandum 09-149 from
Library Director Re: Library Work Schedules; NEW BUSINESS -
Board of Adjustment – Griswold vs. Blackwell – Transcript Preparation.
HOGAN/WYTHE – MOVED TO INVERT THE ORDER OF THE PUBLIC HEARING ITEMS.
The order of public hearing items will be E,D,C,B,A.
VOTE: YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion carried.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA
Public may comment on any item on
the agenda with the exception of: Ordinance
09-52, 2010 Budget; Resolution
09-109, 2010 Port and Harbor of Homer Terminal Tariff No. 600; Resolution 09-110, 2010 City of Homer
Fee Schedule; Ordinance 09-58, Accepting
and Appropriating an Alaska Department of Transportation (ADOT) Reimbursement
of up to $7,168.00 for Commercial Vehicle Enforcement Inspections; Ordinance 09-59(S),
Amending the City’s Official Road Maintenance Map by Adding Highland Drive, Uminski Court, Craftsman Road; Ordinance 09-60, Amending the 2009 Operating Budget by
Appropriating $85,000.00 for Clean-up of the Fuel Spill at the Raw Water Pump
Station; and Ordinance 09-62, Authorizing the City Manager to Accept and
Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill)
in the form of a Loan (90% Forgiven Upon Purchase) in the Amount of $1,800,000
and Amending the FY 2009 Capital Budget by Appropriating $180,000 (10% Not
Forgiven Portion) for the Purpose of the Sanitary Sewer Rehabilitation Project.
RECONSIDERATION
None.
CONSENT AGENDA
(Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Meeting Agenda at the request of a Councilmember.)
A. Homer City Council unapproved Regular Meeting minutes of November 23, 2009. City Clerk. Recommend adoption.
B. Memorandum 09-155, from Clerk, Re: Liquor License Renewal for Salty Dawg Saloon and Café Cups. Recommend adoption.
Mayor Hornaday called for a motion for the approval of the consent agenda as read.
LEWIS/ZAK - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VISITORS
A. Joel Cooper, City of
Homer Climate Action Plan Implementation Final Report.
Joel Cooper presented the Climate Action Plan Implementation Final Report, highlighting sections within the report that track energy usage and recommendations to reduce usage. The draft plan in the Council packet is considerably different and was incomplete. Monthly and annual usage for any given facility and fuel type can be viewed. The biggest energy users are the wastewater treatment plant that consumes 23% of the City’s electricity, and the Port and Harbor Fish Dock. Total energy use increased 5.1% in 2007 and costs increased 18.9%, up by 25% from 2006 costs. Total energy use through September 2009 shows a 2.91 decrease, and costs are increasing by 11.3%. Port and Harbor Director Bryan Hawkins is responsible for reducing electricity usage by $10,000 last year. Over $66,000 of annual savings are identified; implementation of simple things will help with budgetary woes.
Council asked questions of Mr. Cooper relating to the report. Mr. Cooper recommended designating a staff person or hiring an energy manager to track energy usage. He recommended 25 hours be dedicated per month; Mitch Hrachiar, Public Works Engineer, is interested in filling that role. A public outreach plan to educate the public and share information on how they can reduce and save energy is planned.
ANNOUNCEMENTS/PRESENTATIONS/BOROUGH REPORT/COMMISSION
REPORTS
A. Borough Report
Bill Smith, Kenai Peninsula Borough Assemblyman, reported the Assembly approved the recycle container for the Spit. The waste baling facility on the hill will be closed in 2012 and waste will be hauled to the central peninsula. Design is underway for the next cell to hold the waste, with $4,960,000 bonds sold at 1.5% interest. It will be a lot less expensive than anticipated. It is likely jobs will be lost.
B. Commissions/Board Reports:
1. Library Advisory Board
2. Homer Advisory Planning Commission
3. Economic Development Advisory Commission
Dean Ravin, Economic Development Advisory Commissioner, reported the commission completed the revision of the lease policy and ground lease and forwarded it to Council. With a full commission now, they can get on with economic business.
4. Parks and Recreation Advisory Commission
5. Port and Harbor Advisory Commission
PUBLIC HEARING(S)
E. Ordinance 09-62, An Ordinance of the City Council of Homer, Alaska, Authorizing the City Manager to Accept and Appropriate American Recovery and Reinvestment Act Funding (ARRA-Stimulus Bill) in the form of a Loan (90% Forgiven Upon Purchase) in the Amount of $1,800,000 and Amending the FY 2009 Capital Budget by Appropriating $180,000 (10% Not Forgiven Portion) for the Purpose of the Sanitary Sewer Rehabilitation Project. City Manager/Public Works Director. Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.
Mayor Hornaday opened the public hearing.
There was no public testimony.
Mayor Hornaday closed the public hearing.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-62 by reading of title only for second and final reading.
ZAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Ordinance 09-60, An Ordinance of the City Council of Homer, Alaska, Amending the FY 2009 Operating Budget by Appropriating Funds in the Amount of $85,000.00 for Clean-up of the Fuel Spill at the Raw Water Pump Station. City Manager/Public Works. Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.
Memorandum 09-150 from Public Works as backup.
Mayor Hornaday opened the public hearing.
There was no public testimony.
Mayor Hornaday closed the public hearing.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-60 by reading of title only for second and final reading.
ROBERTS/ZAK –SO MOVED.
Councilmember Hogan commented on the amount of money and hopes the insurance situation can be remedied.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Ordinance 09-59(S), An Ordinance of the Homer City Council Amending the Official Road Maintenance Map of the City of Homer by Adding 3,155 Linear Feet of Road Improvements to Highland Drive, Uminski Court, Craftsman Road, or .26 Miles of Rural Road and .34 Miles of Urban Road. City Manager/Public Works. Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.
Memorandums 09-146 and 09-155 from Public Works as backup.
Mayor Hornaday opened the public hearing.
There was no public testimony.
Mayor Hornaday closed the public hearing.
Mayor Hornaday called for a motion
for the adoption of Ordinance 09-59(S) by reading of title only for second and
final reading.
LEWIS/HOGAN - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Ordinance 09-58, An Ordinance of the City Council of Homer, Alaska, Accepting and Appropriating an Alaska Department of Transportation (ADOT) Reimbursement of up to $7,168.00 for Commercial Vehicle Enforcement Inspections and Authorizing the City Manager to Execute the Appropriate Documents. City Manager/Police Chief. Introduction November 23, 2009, Public Hearing and Second Reading December 14, 2009.
Memorandum 09-145 from Police Chief as backup.
Mayor Hornaday opened the public hearing.
There was no public testimony.
Mayor Hornaday closed the public hearing.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-58 by reading of title only for second and final reading.
ZAK/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. Ordinance 09-52, An Ordinance of the City Council of Homer, Alaska, Appropriating Funds for the Calendar Year 2010 for the General Fund, the Water-Sewer Fund, the Port/Harbor Fund, Debt Funds, and Capital Reserve Funds (Conditional Expenditures). City Manager. Introduction October 26, 2009, Public Hearings November 23 and December 14, 2009 and Second Reading December 14, 2009.
Memorandum 09-157 from City Manager as backup.
Mayor Hornaday noted a better third quarter report on sales tax. It is not good news, just less horrible news with $262,000 more in revenue available for general fund expenditures.
Mayor Hornaday opened the public hearing.
Renee Krause, city employee, commented on the proposed budget amendments and how they would affect employees. Employee benefits are an indirect form of compensation. Eliminated and unfilled positions transfer the workload to remaining employees. Rolling back the COLA, a merit increase freeze, and a sudden $250 per month for health care is wrong, demoralizing, and a big bite to most employees. She asked Council to consider the message they are sending to employees with the proposed budget amendments.
Ginny Espenshade, city resident, thanked Council for their work on the budget and those willing to dip into the reserves to fund the programs citizens have spoken up for. This week the programs can be funded without dipping into the reserves. Voters overwhelmingly voted to make Community Schools a city function.
Kelly Jackman, Director of the Boys and Girls Club, thanked the City for providing the most ideal location for the club for eight years. She asked Council to continue support with the club’s housing until the end of May. It will give them time to secure funds from parents, guardians, and the community.
Mayor Hornaday commented Mike Navarre is looking at funds for utilities.
Kelly Jackman responded there are 200 kids registered and since the announcement to cut funding parents and the community are providing ownership. Federal cuts are $25,000 for Homer’s club; Boys and Girls Clubs across the nation are being axed and loosing funding.
Nancy Hillstrand, city resident, commented she has cut her budget from 86 to 56 employees. There is a lot of waste that can be cleaned up, from the lights on the Spit to this room. Zoning laws and rules should be reviewed as they are outdated and some do not work. The town needs a lot of programs; as it did in the 60’s and 80’s the town came together and made it happen.
Dean Ravin, Homer resident, told Council in spite of the 20% budget reduction, budget cuts have not even started yet. There will be more pain. People not working for the city are tightening their belts; people that work for the city have to start tightening their belts too. The sooner you start, the less it will hurt.
Mayor Hornaday closed the public hearing.
ZAK/LEWIS - MOTION TO ADOPT LINE 3-A LINE BY LINE.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ROBERTS/ZAK - MOVED TO ADOPT THE FIRST LINE OF A-3 TO INCLUDE THE LIBRARY BUDGET FOR $31,197 BACK INTO THE BUDGET FROM THE ADDITIONAL FUNDS.
This will restore the Library to its current operating hours, 10-6 on Mondays.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
ZAK/LEWIS - MOVED TO PUT $61,679 TO COMMUNITY SCHOOLS.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmembers Lewis and Zak recused themselves due to a previously declared conflict on the University of Alaska, intermediate school building. Both Councilmembers stepped down from the bench.
ROBERTS/HOWARD – MOVED TO INCLUDE THE FUNDS TO KEEP THE INTERMEDIATE SCHOOL BUILDING OPEN, WHICH WOULD BE $13,784.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Councilmembers Lewis and Zak returned to the bench.
Mayor Hornaday announced there are several budget amendments pertaining to the Library, Community Schools, and the intermediate school. At the Committee of the Whole meeting it was decided those amendments will not be reopened. A resolution for the college and the intermediate school will be heard later in the meeting.
ROBERTS/WYTHE - MOVED FOR THE ADOPTION OF BUDGET AMENDMENT A-1 TO INCLUDE $35,000 TAKEN FROM THE PORT AND HARBOR FLEET RESERVES.
Councilmember Hogan expressed opposition, stating we can try to get another year out of the truck or can contract the service out.
Councilmember Wythe commented the expense comes out of the depreciation reserve fund that was established for equipment purchases.
VOTE: YES. ROBERTS, WYTHE, ZAK, HOWARD, LEWIS
VOTE: NO. HOGAN
Motion carried.
Mayor Hornaday called for a motion on A-2.
HOWARD/WYTHE – SO MOVED.
Councilmember Wythe called for a point of order to clarify if both lines were being addressed. One is an addition; one is a deletion.
Mayor Hornaday called for a motion on Line 1 (pagers) of A-2.
HOWARD/WYTHE – SO MOVED.
There was no discussion.
VOTE: YES. NON OJBECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion on Line 2 (Volunteer Incentive Program) of A-2.
HOWARD/LEWIS – SO MOVED.
The amendment will add $5,000 to the General Fund.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday referenced A-4 and called for a motion on the Chamber of Commerce.
ZAK/WYTHE – SO MOVED.
Funding will come from the new found sales tax funds.
WYTHE/ZAK – MOVED FOR A FRIENDLY AMENDMENT THAT THE $22,500 WOULD BE COMING FROM THE ADDITIONAL REVENUES.
Councilmember Hogan asked if the money will be used by the Chamber for economic development.
City Manager Wrede answered there is no formal contract with the Chamber, although that has been talked about over the years. The Chamber brings Council a proposal of what they will do with the money.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ZAK – MOVED TO AMEND THAT THE FUNDS WOULD BE SPECIFIED AS ECONOMIC DEVELOPMENT PUBLIC ADVERTISING FUNDS.
There was no further discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a motion on the Homer Foundation.
ZAK/LEWIS – SO MOVED.
WYTHE/ROBERTS –MOVED TO AMEND TO REPLACE THE BALANCE THAT FRANCIE HAS IN HERS (AMENDMENT) TO $20,000.
Councilmember Zak expressed objection on the $5,000 reduction to The Homer Foundation. The $5,000 would come back to the community multiplied.
Councilmember Roberts expressed a need to look at all the things left on the table. We are not going to be able to reinstate the equipment operator due to reduced funds ($141,355 remains).
Councilmember Zak looks at it as the ability to leverage funds much further. Putting the money into the community where it can be leveraged returns a greater result than one for one exchange on something else.
Councilmember Hogan asked for more clarification as to what we are getting for the money. He would like to know the public purpose.
Councilmember Wythe stated The Homer Foundation for the city’s purpose is a clearing house for nonprofits. We do not have an agreement with them other than giving them the money to distribute to nonprofits.
Councilmember Hogan’s concern is that public money be spent for a public purpose. Nonprofits don’t always perform a public purpose.
Dan Westerburg commented The Foundation doesn’t have a lot of input. A protocol is followed with applicants and a committee process reviews and approves requests.
Councilmember Wythe explained 85% of the people receiving funds report back as to how they use the funds. The public purposes are a variety based on the nature of the nonprofit that receives funding.
Councilmember Hogan believes if we are giving money to nonprofits we need to be specific about who we are giving to, what we are giving it for, and what we expect for it.
Councilmember Zak stated the entities will be here to say how they spend it and will be held accountable. Putting $5,000 back into the community is an opportunity for The Homer Foundation to leverage additional funds. We will see opportunities to save money such as turning off lights.
VOTE: (secondary amendment) YES. LEWIS, ROBERTS, WYTHE, HOWARD, HOGAN
VOTE: NO. ZAK
Motion carried.
VOTE: (amendment) YES. LEWIS, ROBERTS, WYTHE, ZAK HOWARD
VOTE: NO. HOGAN
Motion carried.
Mayor Hornaday called for a motion on the Pratt Museum ($25,000).
ZAK/ROBERTS – SO MOVED.
Councilmember Zak reflected on Heather Beggs comments that the funds are leveraged back into the community. The Pratt is an award winning museum that brings visitors to the community; $25,000 is not a high amount. It is a means of economic development to the community.
WYTHE/LEWIS - MOVED TO AMEND TO REPLACE THE $25,000 WITH $10,000 AS PROPOSED BY COUNCILWOMAN ROBERTS.
Councilmember Zak commented we have just learned there is more sales tax revenue than predicted. In the future it will be difficult to add the Pratt back into the budget, whereas a staff position could be added.
Councilmember Hogan expressed support for the amendment. The Pratt provides a public purpose of taking care of the City’s collection.
Councilmember Wythe commented there have been occasions when Council had extra funding and excess funds were allocated to the Pratt. Not putting the funds in up front will not preclude Council from allocating funds at a later date.
Councilmember Zak likened contributions to the Pratt as the farmer conditioning and fertilizing the soil to plant seeds. Funds are leveraged back into the community and provide for jobs. It provides 27:1 back to the community.
Councilmember Lewis clarified the $60,000 allocation to the Pratt for 2010; $10,000 would be in excess.
Councilmember Zak suggested dipping into the reserves to take care of the community today. He is not as pessimistic about where the economy is going.
Councilmember Howard commented $25,000 is a bit too much and $10,000 is too small. The Pratt voluntarily collects sales tax, bringing in $5,000.
VOTE: (amendment) YES. HOGAN, LEWIS, ROBERTS, WYTHE
VOTE: NO. HOWARD, ZAK
Motion carried.
VOTE: (main motion as amended; Pratt) YES. ZAK, HOWARD, HOGAN, LEWIS, ROBERTS, WYTHE
Motion carried.
Mayor Hornaday called for a recess at 8:14 p.m. and reconvened the meeting at 8:19 p.m.
Mayor Hornaday called for a motion on the Parks (A-4).
ZAK/HOGAN – SO MOVED.
Councilmember Zak defended the increased revenues due to campers. Two part time employees at $22,512 will help bring income back into the community.
VOTE: YES. ZAK, HOGAN, LEWIS
VOTE: NO. WYTHE, HOWARD, ROBERTS
Mayor Hornaday broke the tie vote with a YES.
Motion carried.
Mayor Hornaday called for a motion to pass A-5, Internal Service Fund ($250 per month for Health Care Plan and $250 deductible).
HOGAN/ZAK – SO MOVED.
HOGAN/ZAK - MOVED TO AMEND SO THAT THE EMPLOYEE CONTRIBUTION READS $150 PER MONTH PER EMPLOYEE AND DEDUCTIBLE READS $150 PER EMPLOYEE.
VOTE: NO. ROBERTS, LEWIS
VOTE: YES. WYTHE, ZAK, HOWARD, HOGAN
Motion carried.
Councilmember Wythe expressed opposition as it is a benefits amendment rather than budget amendment with zero impact on the budget. Council approved a review of the benefits; it seems foolish to make a change prior to completion of the review. Councilmember Roberts will vote against the amendment, as the process has not been well thought out. There is a lot to consider and a committee will be looking at it. It is not a budget item.
Councilmember Hogan sees it as separate from the task given to the task force. He would like to start seeing a sense of ownership by employees in their health plan. It is overly generous and out of line of what is available in the public sector. The national average is $307 employee contribution for major corporations per month with $1,000 deductible. It will have an impact, as we are still paying the bill.
Councilmember Wythe expressed serious concerns of speaking of these economic times as they don’t apply to employees. The people are not getting rich working here; their economic impact is just as much as others. To compare them with a large corporation is foolish. In the information provided by the personnel director, over the last 15 years there have been a number of amendments resulting in $300,000 in savings. There have been direct impacts to the employees, and employees have chosen to shift costs out of their health insurance plan. It would be more appropriate to address the benefits at an employee benefits review.
Councilmember Roberts commented 14 Alaska cities do not require their employees to pay a health benefit share. Now is not the time to make changes; closer review is needed.
Councilmember Lewis expressed opposition. The amendment would be taking $400,000 of disposable income out of the economy right now when it can’t stand it.
Councilmember Howard appreciates the chart showing cost-savings measures. Employees are conscious of the community’s needs, being in the public eye, yet they have to make a living. She appreciates the voluntary efforts they have taken over the years to keep the benefits cost in check.
Councilmember Zak won’t support the amendment in the budget, but it did make us take a look. In the future we should look at it. He has read a lot of letters from city employees about the good they do for the community. We have the best city employees; kudos to city employees and Walt Wrede, City Manager. He would even dip in the reserves to keep the health care coverage. We heard from Renee and the hit she would take; it is a significant impact when you are living paycheck to paycheck.
Councilmember Hogan commented he is not declaring war on the staff. We have had a long run of COLAs and merit salary increases where the only requirement is that you are breathing. Having a totally free health plan is a really good deal. We have to keep in mind who we are representing, the taxpayers or the staff. People are hurting in this town; there are a lot of people that can’t afford any healthcare.
Councilmember Wythe asked that it be recognized that employees and taxpayers of the city are not a different class of people.
VOTE: NO. LEWIS, ROBERTS, WYTHE, ZAK, HOWARD
VOTE: YES. HOGAN
Motion failed.
Mayor Hornaday called for a motion on A-6 (2% COLA wage reduction of all employees).
HOGAN - SO MOVED.
Motion died for lack of a second.
Mayor Hornaday called for a motion on A-7 (Police – add temporary dispatch position).
HOGAN/ZAK – SO MOVED.
Councilmember Wythe stated she will not vote to add any employee positions, with the exception of Equipment Operator II. If there is a vacancy the position should not be filled until we can sustain the employee for a long period of time.
VOTE: YES. HOGAN, HOWARD,
VOTE: NO. LEWIS, ROBERTS, WYTHE, ZAK
Motion failed.
Mayor Hornaday called for a motion on A-7 (Police – add police patrol position).
ZAK/HOWARD – SO MOVED.
City Manager Wrede noted the position has been vacant since the summer. We are currently down two police officers and are advertising for one officer. We just advertised for the third time.
Councilmember Hogan commented the dispatch position is much more critical than the patrol position.
VOTE: YES. HOWARD, HOGAN, ZAK
VOTE: NO. LEWIS, ROBERTS, WYTHE
Mayor Hornaday broke the tie vote with a NO.
Motion failed.
Mayor Hornaday called for a motion on A-7 (Police – Haven House Contract).
HOGAN/LEWIS – SO MOVED.
Councilmember Hogan stated the Haven House performs a public safety function. It is a minimal amount for a lot of public good.
Councilmember Roberts expressed support for Haven House and noted we have supported them through The Homer Foundation. The Governor has put his budget forward with help for domestic violence facilities. Haven House could receive funding through the State.
VOTE: YES. ZAK, HOWARD, HOGAN, LEWIS
VOTE: NO. ROBERTS, WYTHE
Motion carried.
Amendments in A-8 were taken care of earlier.
Mayor Hornaday called for a motion on A-9 Police Dispatch Position.
ZAK - SO MOVED.
Motion died for lack of a second.
Amendment A-9 Police Officer was taken care of earlier.
Mayor Hornaday called for a motion on A-9 Fire ESS I position.
Failed for lack of a motion.
Mayor Hornaday called for a motion on Public Works Equipment Operator II.
ROBERTS/WYTHE- MOVED TO ADD $109,003 TO THE BUDGET FOR THE EQUIPMENT OPERATOR II AND TAKE THE BALANCE FROM GENERAL FUND RESERVES.
Councilmember Wythe noted the position was an anticipated retirement that has not come to fruition. If not approved, a person would be laid off.
VOTE: YES. WYTHE, ZAK, HOWARD, LEWIS, ROBERTS
VOTE: NO. HOGAN
Motion carried.
Mayor Hornaday called for a motion on A-10 Mayor/City Council (50% Reduction of Wages and Salaries).
WYTHE/ZAK – SO MOVED.
Councilmember Wythe explained this proposal will eliminate 50% of Mayor and Council wages; her preference is for A-11 to eliminate wages completely.
Councilmember Roberts commented the job is voluntary, but expenses are incurred doing the work. Compensation of $100 per month is reasonable to cover expenses.
Councilmember Hogan has advocated in the past that Council’s salaries are too low. He would rather see it eliminated than cutting in half; cutting it in half would be working for less than minimum wage and is a State labor issue.
WYTHE/HOWARD – MOVED TO WITHDRAW THE ORIGINAL MOTION.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE - MOVED TO TAKE ACTION ITEM A-11, WHICH IS THE ELIMINATION OF COUNCIL COMPENSATION IN ITS ENTIRETY, AND APPLY THOSE FUNDS TO OFFSET THE MONIES THAT WERE ALLOCATED TO THE CHAMBER EARLIER.
Motion died for lack of a second.
Mayor Hornaday called for a motion on A-10.
Failed for lack of a motion.
All items on A-12 have been taken care of.
Mayor Hornaday called for a motion on A-13 (freeze merit step increase).
HOGAN/ZAK – SO MOVED.
HOGAN – MOVED TO AMEND TO REMOVE EXCEPTION TO LEVELS 1-7.
Motion died for lack of a second.
VOTE: (main motion) YES. HOGAN
VOTE: NO. ROBERTS, WYTHE, ZAK, HOWARD, LEWIS
Motion failed.
WYTHE/LEWIS - MOVED TO PROPOSE AS A NOTATION: THAT ALL CURRENTLY VACANT POSITIONS AND THOSE THAT COME UP IN THE NEXT YEAR BE HELD VACANT FOR A MINIMUM OF SIX MONTHS TO DETERMINE IF THE DUTIES CAN BE REASSIGNED EFFECTIVELY.
Councilmember Wythe said it will provide due diligence.
Councilmember Hogan would have rather seen Council look at reducing salaries than eliminating positions.
Councilmember Wythe believes until we see a turn in the economy it is not prudent to add people to the payroll.
Councilmember Roberts does not believe it would be wise to wait six extra months.
Councilmember Hogan said the focus should be on whether we need positions rather than maintaining them.
Councilmember Wythe said waiting six months ensures the position is needed.
City Council Wrede asked if Council would be required to approve positions that become vacant. Some are more critical to public health and safety.
Councilmember Wythe said it will allow for vacant positions to be filled; it is a conscientious process of filling positions.
City Manager Wrede said we can come back with criteria for filling positions. Leaving positions out of the budget will result in diminished services to the public.
Councilmember Howard requested Council stay in the policy governance mode instead of the operational side. The City Manager is aware of Council’s feelings. She trusts the City Manager understands Council’s concerns.
VOTE: NO. LEWIS, ROBERTS, ZAK, HOWARD, HOGAN
VOTE: YES. WYTHE
Motion failed.
WYTHE/HOGAN - MOVED TO MAKE A NOTATION ON THE BUDGET AS DETERMINED APPROPRIATE BY REGINA WITH REGARDS TO THE BOYS AND GIRLS CLUB. I WOULD LIKE THE NOTATION TO BE THAT THE BOYS AND GIRLS CLUB WOULD BE EXTENDED USE OF THE CURRENT FACILITIES FOR THE DURATION OF THE UNIVERSITY’S LEASE, BUT NOT TO EXCEED JUNE 30, 2011, AND THAT THEY SHOULD BE ENCOURAGED TO MOVE FORWARD WITH ALTERNATIVE HOUSING.
Mayor Hornaday ruled to exclude Councilmembers Zak and Lewis due to prior conflicts of interest.
HOGAN/WYTHE - MOVED TO OVERRULE FOR BOTH COUNCILMEMBERS.
Councilmembers Wythe and Hogan believe the presence of the Boys and Girls Club is not linked to the university and there is no conflict.
VOTE: YES. HOGAN, ROBERTS, WYTHE, HOWARD
Motion carried.
Mayor Hornaday called for a vote on the adoption of Ordinance 09-52 as amended.
VOTE: (main motion as amended) YES. HOWARD, LEWIS, ROBERTS, WYTHE, ZAK
VOTE: NO. HOGAN
Motion carried.
Resolution 09-109, A Resolution of the City Council of Homer, Alaska, Maintaining the 2010 Port and Harbor of Homer Terminal Tariff No. 600 at the Same Rates as Established in 2009. City Clerk. (to follow Budget)
Motion on the floor from October 26th: MOTION FOR THE ADOPTION OF RESOLUTION 09-109 BY READING OF TITLE ONLY.
Councilmember Hogan questioned the language of the same rates as established in 2009, if it would preclude changes.
City Manager Wrede answered amendments to the tariff would supersede Resolution 09-109.
Councilmember Lewis pointed out Councilmember Hogan operates a business at the port and harbor and asked if that would exclude Councilmember Hogan from voting.
Attorney Klinkner asked Councilmember Hogan questions pertaining to his business.
Councilmember Hogan answered his business pays harbor fees the same as a large class of citizens. It amounts to more than $1,000 per transaction and more than $5,000 per year.
Attorney Klinkner advised if it applies to a large number of citizens there is no conflict. If it only applied to a limited group there would be a different situation.
Mayor Hornaday ruled Councilmember Hogan does not have a conflict of interest.
There was no objection from Council.
Councilmember Howard declared the same conflict.
Mayor Hornaday ruled Councilmember Howard does not have a conflict of interest.
There was no objection from Council.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Resolution 09-110, A Resolution of the City Council of Homer, Alaska, Maintaining the 2010 City of Homer Fee Schedule at the Same Rates as Established in 2009. (to follow Budget)
Motion on the floor from October 26th: MOTION FOR THE ADOPTION OF RESOLUTION 09-110 BY READING OF TITLE ONLY.
Brief discussion ensued on the wording of the title as to precluding amendments in 2010.
City Attorney Klinkner advised amendments may be made with the current wording.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
Mayor Hornaday called for a recess at 9:00 p.m. and reconvened the meeting at 9:06 p.m.
ORDINANCE(S)
A. Ordinance 09-64, An Ordinance of the City Council of Homer, Alaska, Enacting Homer City Code 1.12.010 to Make the City Subject to the Jurisdiction of the State Ombudsman. Hogan. Recommended Dates: Introduction December 14, 2009, Public Hearing and Second Reading January 11, 2010.
Memorandum 09-156 from City Clerk as backup.
Mayor Hornaday called for a motion for the adoption of Ordinance 09-64 for introduction and first reading by reading of title only.
HOGAN/LEWIS - SO MOVED.
HOGAN/ZAK - MOVED TO POSTPONE PUBLIC HEARING AND SECOND READING UNTIL AFTER SUCH TIME AS WE HAVE A PRESENTATION BY THE OMBUDSMAN’S OFFICE.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
City Clerk Johnson advised the motion to postpone needs a definite date; it cannot be left in limbo.
WYTHE/HOWARD – MOVED FOR IMMEDIATE RECONSIDERATION OF ORDINANCE 09-64.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/HOGAN - MOVED TO WITHDRAW 09-64.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. City Manager’s Report
6. Cemetery: Last year we had several conversations about the fact that we are running out of space at the Hickerson Memorial Cemetery. Council entertained several proposals for land trades and outright purchases of land from an adjacent landowner. None of those proposals were accepted but discussions with the landowner have continued. The gap between the asking price and the appraisal is narrowing and talks are getting a little more frequent again. But, I thought that now might be a good time to ask, given the Council’s current review of the budget and “core services” if the City wants to be in the cemetery business at all? I am not sure who might take it over but as you know, many cemeteries are operated by private interests, nonprofit groups, churches etc. If the City moves ahead to find more space for burials, it will have to acquire the land and then provide money to make improvements. The Public Works Department is responsible for Cemetery operations and maintenance and the Clerk’s office maintains the official records. If Council is interested in talking about this, we could provide it with detailed budget numbers. If not, I will continue efforts to acquire more land.
City Manager Wrede noted the December employee anniversaries. This year the City lost close to 200 years experience due to the retirement of employees: Tammy Hagerty 23 yrs; Dave Bolt 26 yrs.; Barbara Garcia 19 yrs.; Jim Hobbs 29 yrs.; Michele McCandlish 24 yrs.; Dan Cornelius 31 yrs.; and John Browning 31 years.
Councilmember Wythe requested Items 2 and 4 be included at a January 25th special meeting. Those items are for Legislative Grant/Reappropriation of $2M and Long Range Fiscal Plan.
City Manager Wrede reported the City has received $1.1M in Exxon money. The funds will be invested to generate income to help with general fund expenses. Five percent will help nonprofits. A RFP is currently out for investment services. The Permanent Fund Committee will review RFPs at their January meeting. A council seat and a community seat are open on the Permanent Fund Committee. Councilmember Howard expressed interest in serving on the committee.
Council requested an erosion update on the Sterling Highway and costs of operating the Hickerson Memorial Cemetery.
B. Bid Report
C. Games Report
D. Question of the Week – The City of Homer has three main entrances for visitors and travelers to the city and area. The Harbor, the Airport and Baycrest Hill. Do you believe the City should present a better “Welcome” sign to visitors? What would you suggest?
COMMITTEE REPORT
A. Public Arts Committee
B. Transportation Advisory Committee
C. Permanent Fund Committee
D. Lease Committee
PENDING BUSINESS
A. Ordinance 09-54, An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code 1.24.040, By-Laws for Council Procedure, to Provide that Regular Council Meetings Begin at 6:00 p.m. Howard. Introduction October 26, 2009, Public Hearing November 23, 2009, and Second Reading December 14, 2009.
Motion on the floor from November 23, 2009: MOTION FOR THE ADOPTION OF ORDINANCE 09-54 BY READING OF TITLE ONLY FOR SECOND AND FINAL READING.
Councilmember Howard referenced the email from KBBI indicating they are willing to adjust their schedule to have live feed for the meetings.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
A. Memorandum 09-158, From City Clerk, Re: Vacate the 30-Foot Public Use Easement Along the West Boundary of Lots 52A1 and 53A1, Granted by Bunnell’s Subdivision Sutton/Cups Addition (Plat HM 2006-57); within Section 19, Township 6 South, Range 13 West; Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough; KPB File No. 2009-172; PC Resolution No. 2009-30.
Mayor Hornaday called for a motion for the approval of Memorandum 09-158 to vacate a public use easement along the west boundary of Lots 52A1 and 53A1 of Bunnell’s Subdivision Sutton/Cups Addition.
ROBERTS/HOGAN – SO MOVED.
The Kenai Peninsula Borough Planning Commission and the Homer Advisory Planning Commission did not intend it to be a public use easement. It was a mistake.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Board of Adjustment Decision on Griswold Request for Transcript Preparation by the City Clerk’s Office – Griswold vs. Blackwell.
The decision to deny the request was rendered at the Special Meeting at 5:30 p.m.
RESOLUTIONS
A. Resolution 09-125, A Resolution of the City Council of Homer, Alaska, Amending the Economic Development Advisory Commission Bylaws to Include the Allowance for Telephonic Participation. City Clerk/Economic Development Advisory Commission.
Mayor Hornaday called for a motion for the adoption of Resolution 09-125 by reading of title only.
LEWIS/HOGAN - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
B. Resolution 09-126, A Resolution of the City Council of Homer, Alaska, Establishing the 2010 Regular Meeting Schedule for the City Council, Economic Development Advisory Commission, Library Advisory Board, Parks and Recreation Advisory Commission, Advisory Planning Commission, Port and Harbor Advisory Commission, Lease Committee, Public Arts Committee, Transportation Advisory Committee, and Permanent Fund Committee. City Clerk.
Mayor Hornaday called for a motion for the adoption of Resolution 09-126 by reading of title only.
WYTHE/ZAK - SO MOVED.
HOGAN/LEWIS – MOVED TO AMEND THE CITY COUNCIL TO MEET AT 6:00 P.M.
There was no discussion.
VOTE: (amendment) YES. NON OBJECTION. UNANIMOUS CONSENT.
VOTE: (main as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
C. Resolution 09-127, A Resolution of the City Council of Homer, Alaska, Approving the Extension and Amendment of the Lease Between the City of Homer and the University of Alaska, Anchorage, Kachemak Bay Campus, for the Former Homer Intermediate School. City Manager.
Mayor Hornaday noted that Councilmembers Lewis and Zak have conflicts of interest and have been excluded from participation at past meetings. He ruled that both councilmembers have conflicts.
There was no objection from Council.
Councilmembers Lewis and Zak excused themselves from the bench.
Mayor Hornaday called for a motion for the adoption of Resolution 09-127 by reading of title only.
ROBERTS/WYTHE - SO MOVED.
Councilmember Hogan asked if both parties have the ability to terminate the lease by mutual agreement.
Attorney Klinkner answered yes.
The dollar sign is missing in the 4th whereas.
City Manager Wrede requested an amendment to the final whereas to make it clear the university is being asked to pay half of the $5,000 per month utilities on the building, or $2,500 per month.
WYTHE/ROBERTS - MOVED TO AMEND THE FINAL WHEREAS TO READ: “WHEREAS THE BASE RENT IS INCLUSIVE OF ALL UTILITY COSTS ALLOCATED BASED ON THE SQUARE FOOTAGE OF THE BUILDING USED BY THE COLLEGE.” (Remaining language remains in the whereas.)
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
WYTHE/ROBERTS - MOVED TO AMEND AMENDMENT NUMBER ONE ON PAGE 597 BY INSERTING THE SAME LANGUAGE TO ITEM 2B: THE CITY AGREES TO PROVIDE UTILITIES AS PART OF THE BASE RENT AND THEN INSERT “ALLOCATED BASED ON THE SQUARE FOOTAGE OF THE BUILDING USED BY THE COLLEGE”.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
VOTE: (main motion as amended) YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
D. Resolution 09-128, A
Resolution of the City Council of Homer, Alaska, Acknowledging the Surplus
Equipment Bid Results. City Clerk.
Mayor Hornaday called for a motion for the adoption of
Resolution 09-128 by reading of title only.
LEWIS/WYTHE – SO MOVED.
A
typographical error on Exhibit A, page 3, item HPD4 will be corrected to read
the winning bid to Mark Robl at $21.
VOTE:
YES. NON OBJECTION. UNANIMOUS
CONSENT.
Motion
carried.
E. Resolution 09-129, A Resolution of the City Council of Homer, Alaska, Encouraging the International
Pacific Halibut Commission to Hold its Annual Meeting for the Year 2012 in
Homer, Alaska. Hogan.
Mayor Hornaday called for a motion
for the adoption of Resolution 09-129 by reading of title only.
HOGAN/LEWIS - SO MOVED.
There was no discussion.
VOTE: YES. NON OBJECTION. UNANIMOUS CONSENT.
Motion carried.
COMMENTS OF THE AUDIENCE
Melissa Jacobsen, city resident and city employee, expressed appreciation to the councilmembers that supported the employees. She asked that the same thoughtful consideration to the makeup of the benefits task force will be given to provide fair and responsible representation.
Colette Ireland, Homer resident, offered
support for Donna Rae Faulkner. It has been six years with the seawall. Ms.
Ireland owns three homes in Homer, is a taxpayer and hates to see the stress on
her best friend.
Donna Rae Faulkner, city resident, provided different cupcakes to Council, signifying the six years of different spots in the seawall. She provided paperwork and expressed appreciation of the January 11th worksession. She is frustrated and frightened with missing information from the seawall association folks. There is misinformation, things that were not said at the meeting. She cannot feel economically safe with the ordinance in place. Rescinding the ordinance and armor rock would make her feel safe. She will ask Council to hold the association accountable.
COMMENTS OF THE
City Attorney Klinkner reported on the Supreme Court decision on the Hillstrand case, the imminent domain action to acquire the water treatment plant site. The City did a quick take of the site to maintain the building schedule and the owner objected to the overtaking. The case went to Superior Court which rejected the objections. The case then went to the Supreme Court that confirmed the trial court in all respects. The compensation phase of the proceeding still remains. An amount of $62,000 has been disbursed to Ms. Hillstrand, if more funds are requested a master will decide the case.
Mayor Hornaday requested an accounting of all the City’s cases.
COMMENTS OF THE
City Clerk Johnson thanked Council for their support of the employees and the Clerks in relation to the transcript preparation and wished everyone a Merry Christmas and safe travels.
COMMENTS OF THE
City Manager Wrede thanked Council for their hard work on the budget and thoughtful discussions. He hopes everyone has wonderful holiday season.
COMMENTS OF THE MAYOR
Mayor Hornaday said the city employees are terrific. He wished all a Merry Christmas and Happy New Year.
COMMENTS OF THE
Councilmember Wythe thanked Council for their work on the budget. They did a good job representing most of the interests with what has been added in. The amount allocated from the reserve fund can be covered through other avenues. She is excited Barb is interested in the Permanent Fund Committee; a member from the public is needed. In January the committee will review proposals. There will be several meetings between January and mid February to get Council authorization so that the funds may be moved to the appropriate investment account. She wished all a Merry Christmas.
Councilmember Lewis wished everyone a Merry Christmas and Happy New Year.
Councilmember Hogan had no comment.
Councilmember Roberts stated Council worked well together for the budget. We are still $1M short from last year’s budget and there are a lot of services we are not giving the public that they are accustomed to. Council made a great effort not to raise any taxes. The seating for councilmembers has never been completed. She wished all a nice holiday.
Councilmember Zak said we all worked hard for the last three months on the budget. There is something to be said about having a church on every city block. Something intervened, as there is an abundance this week if funds. It made us look deep and hard at the community. The budget has cut quite a bit, but we need to look for the future. We can save money with Joel’s ideas. He wished all a Merry Christmas and urged people to buy locally. The sales tax saved our community this year.
Councilmember Howard commented the budget process is never pleasant. Hard questions were asked and Council has been thinking about things they were not thinking about before. She thanked Regina for the magnificent job she did to help Council get through the whole budget process. She thanked citizens that spoke eloquently and patiently for their needs. She hopes the City can find ways to fund their causes. She thanked the local business folks that have spent the money on energy to put the winter lights up. Our town looks downright magical and puts people in the mood to shop locally. She wished the citizens, staff and Council Happy Holidays.
ADJOURNMENT
There being no further business to come before the Council, Mayor Hornaday adjourned the meeting at 9:42 p.m. The next Regular Meeting is scheduled for Monday, January 11, 2010 at 7:00 p.m. The next Committee of the Whole is scheduled for Monday, January 11, 2010 at 4:00 p.m. Special Meetings are scheduled for Monday, January 11, 2010 at 5:30 p.m. and January 13, 2010 at 4:30 p.m. All meetings scheduled to be held in the Homer City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.
_____________________________
JO JOHNSON, CMC, CITY CLERK
Approved: ____________________