WHITTIER CITY COUNCIL

REGULAR MEETING

TUESDAY, JUNE 03, 2008

7:00 PM

COUNCIL CHAMBERS

P-12 BUILDING

MINUTES

1. CALL TO ORDER

Mayor Lunceford called the meeting to order at 7:05 pm.

2. OPENING CEREMONY

Mayor Lunceford led the Pledge of Allegiance.

3. ROLL CALL

A. Council Members Present: Peter Denmark, Jerry Vandergriff, Lester Lunceford, Dave Goldstein, Becky Cotner, Juan Cardenas (arrived at 7:25pm)

B. Council Members Absent: None

C. Excused Absence: None

D. Administration Present: Brenda Krol, City Clerk; Mark Earnest, City Manager

Others present included: Ben Lambert, Eric Christian, Bob Haskell, Rick Harwell, Joe & Robin Baker, Ed Barrett, Pete & Marilynn Heddell, Perry Solmonson, Joe Shen, Charlene Arneson, Doris V. Bender, Kris Knauss, Stephanie Burgoon, Charlie Eldridge, Anne Shen, Beverly Waltz, Cynthia Monrean, Bonnie Lymer, Terry Bender, Dennis Lipscomb, Danny Wallace, Dee Hurn, Jeff Nelson, Kathy Gilman, Gregg Hanson, Mike Bender

4. APPROVAL OF MINUTES

A.  06 May 2008, Regular Meeting Minutes

MOTION: Jerry Vandergriff made a motion to approve the regular meeting minutes of May 6, 2008 as written.

SECONDED: Dave Goldstein seconded the motion.

VOTE: Motion passed unanimously.

5. APPROVAL OF REGULAR MEETING AGENDA

Agenda items 12A4 and 13B were post pone and agenda item 14A was moved to agenda item 6C.

MOTION: Jerry Vandergriff made a motion to post pone agenda item 12A4 and 13B (ordinance #538-08 and resolution #890-08) until a later date.

SECONDED: Becky Cotner seconded the motion.

VOTE: Motion passed unanimously.

MOTION: Jerry Vandergriff made a motion to move agenda item 14A to 6C

SECONDED: Becky Cotner seconded the motion.

VOTE: Motion passed unanimously.

MOTION: Jerry Vandergriff made a motion to approve the agenda as amended.

SECONDED: Becky Cotner seconded the motion.

VOTE: Motion passed unanimously.

6. MAYOR’S REPORT – MAYOR LESTER LUNCEFORD

A. Mayor Report – Mayor Lunceford

Mayor Lunceford asked for a moment of silence for former councilor Carolynn Allen. Mrs. Allen passed away on May 31st 2008.

Mayor Lunceford stated that Mrs. Allen contributed a lot to the Whittier City Council and the Community.

Mayor Lunceford announced that we finally received the funding for extended tunnel hours so hopefully in the near future we will be going through the process of holding a few public meetings to see where everyone feels the extended hours should be made during the winter months.

Mayor Lunceford stated that Senator Murkowski was here in Whittier last Tuesday. She was very impressed at the progress Whittier has made and very supportive of our progress including the Shotgun Cove Development Project and harbor development.

Mayor Lunceford reminded everyone that the annual Whittier Tunnel Walk is June 8th 2008.

B. Vice Mayor Report – Jerry Vandergriff

Vice Mayor Vandergriff stated that it was Carolynn Allen’s wishes not to have a service of any kind but there is a posting on the bulletin board from her family that reads in lieu of flowers, donations may be made to the Providence Alaska Cancer Center if anyone is interested.

C. Vacant Council Seat Appointment

Mayor Lunceford read off the following names of those who had expressed an interest in the vacant council seat.

Kelly Powers

Pete Heddell

Stephanie Burgoon

Arlen Arneson

Robin Baker

Mayor Lunceford thanked everyone you had submitted a letter of interest and he stated that it was a hard decision for him to make.

Mayor Lunceford appointed Pete Heddell to city council seat G and entertained a motion to confirm his appointment.

MOTION: Jerry Vandergriff made a motion to confirm Pete Heddell to City Council Seat G.

SECONDED: Dave Goldstein seconded the motion.

VOTE: Motion passed unanimously.

City Clerk, Brenda Krol had to run to the office to get the oath to swear in Pete Heddell.

Mayor Lunceford introduced our lobbyist Mr. Kris Knauss.

Kris Knauss gave a brief Juneau update on the State level. He stated that House District 32’s total legislative passed budget was 8.6 million dollars. The Governor vetoed out 4.6 million dollars of that leaving 4 million dollars total for House District 32.

Kris Knauss stated that of that 4 million dollars Whittier received $500,000 for the tunnel hours, 1.5 million for the harbor transient moorage and 1.78 for education for maintenance general receipts for the P-12 roof renovation.

Kris Knauss stated that the only thing that did not make it was the Whittier Creek levee stabilization for $150,000.

Peter Denmark thanked Kris Knauss for effective representation.

Everyone applauded.

Mayor Lunceford also extended appreciation to Mr. Knauss.

City Clerk, Brenda Krol swore in Pete Heddell to City Council Seat G.

Everyone applauded.

7. CITY MANAGER’S REPORT

A. City Manager Report – Mark Earnest

See written report in Council packet

Mark Earnest welcomed any questions to his written report.

Mark Earnest requested scheduling a council work session next week to discuss the Shotgun Cove Land Development Proposal and the P-12 Roof Repair/Replacement Project.

City Council scheduled a work session on June 12th 2008 at 7pm.

Mark Earnest stated that he would like council’s blessing in forming a commercial vessel passenger advisory committee to include representatives from the following entities or individuals

Planning Commission

Port and Harbor Commission

Whittier Chamber of Commerce

Cruise Ship Industry

City Manager

Dave Goldstein suggested that the wording be changed from the commercial passenger vessel excise tax to cruise ship excise tax and the reason for that is to avoid any confusion because some of us here operate commercial passenger vessels and pay a manifest tax.

MOTION: Dave Goldstein made a motion to direct the city manager to move forward with establishing a commercial vessel passenger advisory committee.

SECONDED: Jerry Vandergriff seconded the motion.

DISCUSSION: Mark Earnest stated that it is a little confusing; the overall program is called the Commercial Passenger Vessel Excise Tax that is the tax the program that the State administers is called the Commercial Vessel Passenger Tax Program.

Mark Earnest state that for some reason they flipped Passenger and Vessel but we could use a much simpler term

VOTE: Motion passed unanimously.

B. Assistant City Manager’s Report – Rick Harwell

See written report in original council packet

Rick Harwell stated that he just had one small correction on his written report. The first paragraph last sentence should read foreclosure notices not tax and he welcomed any questions.

Peter Denmark complimented Rick Harwell for his work on the City’s new website.

C. Director’s report

1. Harbor Master – Ed Barrett

See written report in original council packet

Ed Barrett stated that he had nothing to add to his written report and that he would be happy to answer any questions.

Mayor Lunceford extended his appreciation to Mr. Barrett for being at the east launch ramp after hours.

Peter Denmark stated that there were issues discussed at the last meeting surrounding the boat lift and about getting some budget numbers for replacement.

Ed Barrett stated that the travel lift has been resurrected to a point but there is some liability issues with it that need to studied.

Ed Barrett stated that just to certify the machine will require an unbudgeted $3,000. We could spend a lot of money on it to bring it back up to snuff and at some in the budget workshop process council needs to decide whether they want to continue to be in the travel lift business.

Ed Barrett stated that he was going to take the travel lift back out of service in another week for more work.

2.  Public Safety – Bob Haskell

See written report in original council packet

Bob Haskell stated that in addition to his written report he just had one announcement and that is the Whittier Bicycle Safety and Pedestrian Safety Fair is coming up on June 17th and it will be held at the Princess Cruise Dock Parking Lot.

Bob Haskell stated that there are permission slips and waivers available at the Public Safety office and the City Office.

Bob Haskell stated that the Public Safety Department is accepting donations for the 4th of July Fireworks display and in return for those donating the Alaska Railroad usually donates a couple sets of round trip tickets so that we could hold a Chinese silent auction.

Bob Haskell asked everyone to watch for the postings on the bulletin boards and he stated that there will be a sign up list for the auction in the City Office.

Bob Haskell welcomed any questions.

3.  Public Works

See written report in original council packet

Gregg Hanson stated that he had nothing to add to his written report but he would be happy to answer any questions.

Mayor Lunceford thanked Gregg Hanson for a job well done on the junk pile next to the P-12 building and he’s looking forward to the salvage company coming back out.

Everyone applauded.

Gregg Hanson thanked Mayor Lunceford and stated that he would be happy to pass that on to his guys.

Peter Denmark asked Gregg Hanson if he had been re exposed to the Comprehensive Work List as a function of spring.

Peter Denmark stated that he is hoping at some point before summer gets to deep to resurrect that thinking for some of the local infrastructure needs that require attention.

8. CITIZEN’S COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING

Stephanie Burgoon announced that the City of Whittier together as a team collected 1,861 pounds of garbage during clean up week and we had thirteen community members out helping.

Stephanie Burgoon thanked the City of Whittier for having all their employees help this year.

Stephanie Burgoon also announced that there was $800 dollars in donations for flowers and the flowers have been planted and are sitting in the covered playground and will be placed around town next week.

Mayor Lunceford thanked Stephanie Burgoon and the school for all of their hard work.

9. CONSENT CALENDAR

None

10. PUBLIC HEARINGS (NON-ORDINANCE)

None

11. PRESENTATIONS

None

12. ORDINANCES

A. Introduction (first reading)

1. #531-08 – An ordinance amending the official zoning map of the City of Whittier and amending Chapter 17.16 of the Whittier Municipal Code to establish a Marine Park and establish regulations applicable to the marine park.

MOTION: Jerry Vandergriff made a motion to introduce ordinance #531-08, setting the public hearing date for June 17th 2008.

SECONDED: Juan Cardenas seconded the motion.

VOTE: Jerry Vandergriff: Yes, Juan Cardenas: Yes, Dave Goldstein: Yes, Pete Heddell: Yes, Peter Denmark: Yes, Becky Cotner: Yes, Lester Lunceford: Yes

Motion passed 7-0.

2. #536-08 – An ordinance approving an amendment to the CY 2008 budget of revenue and appropriations as necessary for the budget.

MOTION: Jerry Vandergriff made a motion to introduce ordinance #536-08, setting the public hearing date for June 17th 2008.

SECONDED: Becky Cotner seconded the motion.

VOTE: Motion passed unanimously

3. #537-08 – An ordinance repealing and reenacting chapter 2.32 of the Whittier Municipal Code.

MOTION: Jerry Vandergriff made a motion to introduce ordinance #537-08, setting the public hearing date for June 17th 2008.

SECONDED: Juan Cardenas seconded the motion.

VOTE: Motion passed unanimously

B. Public Hearings (second reading)

1. #535-08 – An ordinance amending chapter 2 of the Whittier Municipal Code regarding administration and personnel

MOTION: Jerry Vandergriff made a motion to open the public hearing on ordinance #535-08.

SECONDED: Dave Goldstein seconded the motion.

VOTE: Motion passed unanimously

Mayor Lunceford opened the public hearing on ordinance #535-08.

Terry Bender asked for a general synopsis of ordinance #535-08.

Mark Earnest stated that this ordinance is to make some corrections to a very outdate organizational chart if you will, in the current code in refers to a clinic director, a public facilities director both of which we don’t have as well as many other conflicting or inconsistent descriptions of our current organization.

Mark Earnest stated that the entire thrust of this is to reflect in our code what we actually have in the city.

Mark Earnest stated that the other nice benefit of this ordinance is that it renumbers or reorders title 2 so that the departments are in sequential order instead of scattered throughout the title.

Hearing no further public comment Mayor Lunceford entertained a motion to close the public hearing.

MOTION: Jerry Vandergriff made a motion to close the public hearing on ordinance #535-08.

SECONDED: Juan Cardenas seconded the motion.

VOTE: Motion passed unanimously

MOTION: Jerry Vandergriff made a motion to adopt ordinance #535-08.

SECONDED: Dave Goldstein seconded the motion.

DISCUSSION: Peter Denmark stated that this ordinance essentially follows the same outline order of the pre existing ordinance and what he is kind of missing is how the changes are reflected in this document.

Peter Denmark stated that the one that council was looking at last week the additions and/or deletions were noted in the text of the ordinance for review.

Mayor Lunceford stated that the final draft is without the changes.

Peter Denmark asked the City Manager to review the substance and highlights of the changes.

Mark Earnest stated that the ordinance brings the code into compliance with our city organization.

Peter Denmark stated that what caught his eye was the finance department; it doesn’t seem to accurately reflect what we are doing.

Mark Earnest stated that it does in the sense that there is a general provision that allows the city to contract out any of the positions that are identified in the structure.

Mark Earnest stated that the duties and responsibilities are still a part of the department of administration and how they are collocated is between the director and in our case the consultant CPA firm but those duties are still spelled out in the code.

Peter Denmark asked “whose are finance officer then?’

Mark Earnest stated that we contract that out and that is Jeff Frier from Alaska Business Education.

Peter Denmark asked “as we go through this recodifcation exercise where would I go to find out how the checks and balances interact with the financing clerk?”

Mark Earnest replied “that is an ongoing project that we have with Mikunda Cottrell and we made a start in that effort and will be continuing it is a large endeavor.”

Mark Earnest stated that those are the types of policies that are being development and that we need to complete by the time our next audit takes place.