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HomeMy WebLinkAbout06222009 City Council PacketSeward City Council Agenda Packet June 22, 2009 City Council Chambers Beginning at 7:00 p.m. Celebrate solstice by fishing in the Halibut llerby. i9rs I9~s zoos The City of Seward, Alaska ~~ ~° CITY COUNCIL MEETING AGENDA AI4 {Please silence all cellular phones and pagers during the meeting} ~ ~~~r° I I I ~ ' ~1 Note NEW time! June 22, 2009 7:00 p.m. Council Chambers 1. CALL TO ORDER Clark Corbridge 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2009 4. CITIZENS' COMMENTS ON ANY SUBJECT F,XCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Willard E. Dunham [Those who have. signed in will be given the _ftrst opportunity to Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total Tenn Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agenda items are not considered separately Tenn Expires 2009 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2009 A. Proclamations and Awards Betsy Kellar 1. Park & Recreation Month Proclamation ....................Pg. 3 Council Member 2. Alaska State Flag Day Proclamation ...................... Pg. 5 Term Expires 2009 B. Borough Assembly Report C. City Manager's Report Jean Bardarson D. Chamber of Commerce Report Council Member E. Other Reports, Announcements and presentations. Tenn Expires 2010 1. Audit presentation by Mikunda Cottrell 2. Introduction of the new hospital administrator Chris Bolton. Marianna Keil 3. Wellness for all initiative Report by Patty Beals. Council Member Tenn Expires 2010 7. PUBLIC HEARINGS -None 8. UNFINISHED BUSINESS -None Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda June 22, 2009 Page 1 9. NEW BUSINESS A. Resolutions 1. Resolution 2009-049, Authorizing The City Manager To Amend And Extend The Maintenance And Operating Agreement With Seward Ship's Drydock, Tnc. Through September 30, 2010 ................................................................................Pg. 6 *2. Resolution 2009-050, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2009 Independence Day Celebration ..............................Pg. 13 *3. Resolution 2009-051 Accepting A Grant From The State Homeland Security Grant Program In The Amount Of $350,000 For The Purpose Of Expanding And Updating Infrastructure Security Cameras ................................................................Pg. 15 *4. Resolution 2009-052, Authorizing A One Year Contract For $449,472.00 With The State Of Alaska, Department Of Con•ections, To Provide For Operating The Seward Conununity Jail And Housing Prisoners Charged And/Or Sentenced Under Alaska Statutes. ......................................................................................................Pg. 17 5. Resolution 2009-053 Providing For The Submission To The Qualified Voters Of The City Of Seward The Question Of The Issuance Of Not To Exceed $5,000,000 In General Obligation Bonds Of The City To Finance All Or A Portion Of The Construction Of A Combined Library/Museum Capital Improvement Project ...........................Pg. 33 6. Resolution 2009-054 Providing For The Submission To The Qualified Voters Of The City Of Seward, An Advisory Question On Whether To Increase The Sales Tax Rate By 0.5% As Needed To Fund Operating And Capital Costs Of A New Library/Museum, Understanding That Sales Tax Revenues Cannot Be Dedicated For A Specific Purpose ................................................................................. ......... Pg. 41 B. Other Ne~v Business Items *l. Appoint Monica Hinders to the Historic Preservation Commission with a term to expire May 2012 ........................................................................Pg. 46 *2. Approval Of The June 8, 2009 Regular City Council Meeting Minutes......... Pg. 47 3. Schedule a work session on the evaluation procedures. 10. INFORMATIONAL ITEMS AND REPORTS (Nn action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [S minutes per individual -Each individual has one opportunity to speak.) 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITI7ENS' COMMENTS 14. ADJOURNMENT Catty of Deward, Ataska June 22, 2009 Council Agenda Page 2 ]ULY IS RECREATION AND PARKS MONTH WHEREAS, physical recreation and meaningful leisure experience contribute to physical and mental well-being as well as the overall quality of life; and WHEREAS, community recreation and leisure opportunities create socially beneficial connections between and among individuals, groups, and communities; and WHEREAS, parks and recreations services provide preventive health benefits, support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community economic development model; and WHEREAS, the provision and preservation of parks and open spaces are both an investment and insurance plan for our collective quality of life; NOW, THEREFORE, BE IT RESOLVED THAT JULY HAS BEEN DESIGNATED AS RECREATION AND PARKS MONTH by the National Recreation and Park Association; and BE IT FURTHER RESOLVED THAT all citizens of this great city join in this nationwide celebration bringing recognition to all the benefits derived from quality public and private recreation and park resources at the local level. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day of June, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor ~- 3 Agenda Statement Meeting Date: July 9, 2007 From: Karin Sturdy, Parks & Recreation Director Through: Phillip Oates, City Manager Agenda Item: July is National Recreation & Parks Month The National Recreation and Parks Association (NRPA) has accepted the responsibility of recognizing the creativity, time and effort which professionals and volunteers provide each day to serve community members. Parks and recreation events and programs have proven to help resolve some of today's most pressing social issues. NRPA is engaged is shining the spotlight on the benefits of parks and recreation through a national awareness campaign: "July is National Recreation & Parks Month." July is the month to recognize that the efforts which professionals contribute each day go beyond simple "fun and games." Today our work is as diverse as crisis counseling, computer training and skate park court construction or park design, with many unique tasks and programs in between. We appreciate this opportunity to sincerely thank our Seward Parks & Recreation Department team, community leaders and partners, volunteer coaches, business sponsors, and the many, many volunteers. We congratulate them on a job well done and challenge them to keep up the good work. This July in Seward, community members and visitors can look for these events, programs, activities and parks to celebrate recreation and parks locally: Adult Coed Softball Leagues Pet Parade Soccer Play League TYC Summer Day Camps Adopt-A-Park Program Hike the Two Lakes Trail, bike the National Historic Iditarod Trail, volunteer in the cemetery, fish Resurrection Bay, feed the ducks at Benny Benson Memorial Park, enjoy the view from the Obihiro Gazebo, grind in the Skate Park, play some tennis or outdoor hoops, barbecue, fish at First Lake, climb Mt. Marathon, enjoy Seward... ...And - on those rare rainy days -remember our indoor programs: Indoor Park, roller skating, Summer Day Camps, weight room, racquetball, sauna, basketball, volleyball and Resurrection Readers Book Group or volunteer on any number of historic preservation projects. Seward Parks & Recreation: Mountains of Recreation The future is fantastic! ~- 4 Letter to the Editor July 1, 2009 Dear Editor, July is National Parks and Recreation Month. Unlike earlier July celebrations, there's no parade or fireworks to commemorate the occasion. However, everyone in Seward (whether they know it or not) gets to celebrate the benefits of parks and recreation each and every day --just by driving past Resurrection Bay or Mt. Alice, hiking on trails, cooling off at the high school pool or First Lake, playing ball, walking or biking on trails and paths, or picnicking at a favorite spot. But parks and recreation is really about the people behind the parks and programs. An army of volunteers who serve you and your children in countless ways supports our professional staff. These generous men and women, boys and girls, do everything from pick up trash from our parks to help teach kids to shoot baskets. They are the unsung heroes who coach our kids' teams, help them meet new friends, explore their creativity and feel goad about themselves. On behalf of the entire department we pay tribute to our volunteers who contribute more than 1,000 hours to our city in sports alone! Their tireless work saves our economy more than 18,770.00 dollars every year. Together, park and recreation staff and volunteers ensure that Seward is, indeed, a wonderful place to live, work and play ... today and for generations to come. We salute you all! With gratitude, Karin Sturdy, Director Seward Parks & Recreation Department City of Seward, Alaska L°~ 7t'*'7k*7k7k7k~~~C7k7k'~7k'7k'7k'7k'7k7k****7k'7k7k'7k*'7k'7k'7k'7k~~*'~7k' * 7k 7k 7k 7k" ~' 7k 7k 7k * PROCLAMATION ~k WHEREAS, in 1926 the Alaska Department of the American Legion sponsored a 71~- contest for students from grades seven through twelve to design an Alaska flag; and *- WHEREAS, Benny Benson, a 13 year old resident of the Jesse Lee Home in ,~ *. Seward won the contest with his design of eight gold stars on a field of blue, representing ,* the Big Dipper and the North Star; and WHEREAS, the Alaska Legislature adopted Benson's design as the official flag 7k of the Territory of Alaska on May 2, 1927; and ~- WHEREAS, AS 44.12.070. established July 9 of each year as Alaska Flag Day to honor the creation of the design of the off cial flag of the state by Benny Benson and its *- .* importance as a symbol of the state; and NOW THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, Alaska, do hereby proclaim and recognize Monday, July 9, 2009 as '~' *. * ALASKA FLAG DAY ~ ~ ~ ~ Dated this 22"d day of June, 2009. THE CITY OF SEWARD, ALASKA 7k 7k Clark Corbridge, Mayor 7~C 7k' Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND AND EXTEND THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DI2YDOCK, INC. THROUGH SEPTEMBER 30, 2010 WHEREAS, the current Maintenance and Operating Agreement ("Agreement") between Seward Ship's Drydock and the City of Seward for the Shiplift Facility is set to expire June 30, 2009; and WHEREAS, due to the economic value of this industry to the community of Seward and the necessary service this business provides to the marine industry, the City wishes to keep the facility open; and WHEREAS, the City of Seward considers Seward Ship's Drydock, Inc. to be in default of the Agreement; and WHEREAS, the City agrees to allow additional time for Seward Ship's Drydock to apply the protective coating of the pipe piling and the cofferdam cells in the splash zone as outlined in Exhibit A of the Agreement describing deferred maintenance obligations; and WHEREAS, Seward Ship's Drydock requested a change in the company required to conduct annual inspections of the Synerolift; and WHEREAS, inconsideration for the amendments, Seward Ship's Drydock will use its best efforts to improve the condition of the City's Shiplift Facility; and WHEREAS, a thorough review of the Maintenance & Operating Agreement shall be completed during the next 15 months to evaluate the compliance of Seward Ship's Drydock with the terms outlined in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Subject to Section 3 below, the City Manager is authorized and directed to sign, on behalf of the City of Seward, a Sixth Amendment to the Maintenance and Operating Agreement in the form presented at this meeting, with the Seward Ship's Drydock, Inc. to extend the term for a period from July 1, 2009 to September 30, 2010 for the purposes of allowing the Operator to cure all defaults and to amend Section 3.04 to change the inspecting agency from NEI Syncrolift, Inc. to Pearlson Shiplift Corporation responsible for certain annual inspections. CITY OF SEWARD, ALASKA RESOLUTION 2009-049 Section 2. The Amendment to the Agreement is not intended to waive any rights of the City as owner of the Shiplift Facility as described in the Agreement. Section 3. Compliance by Seward Ship's Drydock with all provisions of the Maintenance and Operating Agreement by September 30, 2010 will generate a fu115-year term for a subsequent Maintenance and Operating Agreement from that date forward. The City Manager is authorized to negotiate a five year agreement in accordance with this Section. Section 4. This resolution supersedes the council motion passed on March 10, 2009. Section 5. This resolution shall take effect immediately after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of June, 2009. THE CITY OF SEWARD ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk COUNCIL AGENDA STATEMENT Meeting Date: Through: From: Jutte 22, 2009 Phillip Oates, City Manager Kari Anderson, Harbormaster Subject: Seward Ship's Drydock Maintenance & Operating Agreement Extension BACKGROUND & JUSTIFICATION The City of Seward has long pursued the development of the Seward Marine Industrial Center, and has expended over $40 million hi construction of improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock, and breakwater. An initial agreement was signed between the City and the Operator (Seward Ship's Drydock, Inc.) on Apri125, 1995 relating to the Shiplift Premises regarding Maintenance and Operating standards. A second Maintenance and Operating Agreement was signed again on March 30, 2000, and extended in 2005. This al;~eement is set to expire June 30, 2009. The Seward City Council went into Executive Session on Tuesday, March 10, 2009 to discuss possible litigation with Seward Ship's Drydock in regards to their Maintenance and Operating Agreement. Council came out of executive session and made the following motion which was approved by unanimous consent: "Instruct the City Manager regarding possible litigation with Seward Ship's Drydock in regards to their maintenance and operating (M&O) agreement. The City Council finds them in default of the M&O agreement. We authorize the city manager to list the discussed defects and conditions, in whatever detail he deems appropriate. If defects that have been discussed are corrected, the council is willing to discuss negotiation of a successor M&O agreement. If conditions, requirements and deadlines as set out by the city manager fail to be met, council will proceed to terminate the M&O agreement because of default. Within 30 days thereafter, the council will act to terminate their ground lease." On June 1, 2009 the Seward City Council went into Executive Session again to discuss possible litigation with Seward Ship's Drydock. Council announced that they had given direction to the City Manager on how to proceed with Seward Ship's Drydock in regards to their Maintenance and Operating Agreement. The City Manager has discussed the status of the splash zone coating on the piling and the cofferdam cells and the need for this area to be coated by Seward Ship's Drydock to avoid further corrosion. A 15 month extension gives Seward Ship's Drydock time to determine the best course of action and to complete this coating project in accordance with the Maintenance and Operating Agreement. The coatings will be applied by Seward Ship's Drydock on or before September 30, 2010. If Seward Ship's Drydock completes this coating project, the Maintenance and Operating Agreement may be extended beyond September 30, 2010 subject to Council approval. The Sixth Amendment to the Maintenance and Operating Agreement will extend the term, as described above, and will also amend Section 3.04 to name Pearlson Shiplift Corporation for providing annual inspections in place ofNEI Syncrolift, Inc. CONSISTENCY CHECKLIST Yes No NSA 1. Comprehensive Plan X Economic Development... 2. Strategic Plan X 8 Economic Base... FISCAL NOTE Section 3.06 of the Maintenance and Operating Agreement states "Prior to the beginning of each Fiscal Yeaz, Operator shall prepare and file with the city an operating plan for the ensuing Fiscal Year. The operating plan shall include an estimate of expenses and a schedule of repairs and maintenance of the Deferred Maintenance to be performed during the Fiscal Year." Section 3.08 of the Maintenance and Operating Agreement states "With each annual operating plan submitted to City, Operator shall propose rates and charges for use of the Shiplift Facility. Such rates and charges shall not discriminate among users of a class of service or among different classes of service. Rates and charges do not discriminate among classes of service if they are reasonably related to the cost of providing each class of service, allocated according to Generally Accepted Accounting Principles. City shall adopt rates and charges proposed by Operator that conform to the standards in this section." No changes to current rates and charges have been proposed by the Operator. Finance Department ATTORNEY REVIEW Yes RECOMMENDATION Council approve Resolution 2009-~ authorizing the City Manager to enter into the Sixth Amendment to the Maintenance and Operating Agreement with Seward Ship's Drydock, Inc. 9 SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S llRYDOCK The Maintenance and Operating Agreement effective March 30, 2000, as amended October 26, 2001 (the "Agreement") was entered into between the City of Seward, Alaska, an Alaska municipal corporation ("City") whose address is P.O. Box 167, Seward, Alaska 99664 and Seward Ship's Drydock, Inc. ("Operator") whose address is P.O. Box 944, Seward, Alaska 99664. WHEREAS, the Operator agreed to maintain and operate the City's Shiplift faci]ity since 1995, consisting generally of a Syncrolift Shiplift System, Ship Transfer System, dock, and certain related rail systems (the "Shiplift Facility"); and WHEREAS, the term of the Agreement was extended to June 30, 2009; and WHEREAS, on December 9, 2008 the City issued a Notice of Default to the Operator; and WHEREAS, the Operator and the City have entered into a Lease Agreement dated April 1995, as amended ("Lease"), to operate a vessel repair and construction facility; and WHEREAS, the Section 7.06 of the Lease allows the Operator to renew the Operating Agreement if the Operator gives the City written notice of the exercise of its option to renew no later than 180 days before termination of the Agreement, if the Lease term has not expired, and if the Operator is not in default under the Lease at the time the option is exercised; and WHEREAS, on December 29, 2008 the City received a written notice of the Operator's intent to exercise its option to renew the Agreement; and WHEREAS, the City and the Operator agree that Pearlson Shiplift Corporation can conduct inspections previously done by NEI Syncrolift, Inc.; and NOW THEREFORF,, the parties agree as follows: Section 1. Section 3.04 is deleted in its entirety and replaced with the following (a) Operator shall at all times maintain, preserve and keep, or cause to be maintained, preserved and kept, the Shiplift Facility and all additions and betterments thereto and extensions thereof and every part and parcel thereof in good repair, working order and condition and will from time to time make or cause to be made all necessary and proper repairs, renewals and replacements thereto and may from time to time make or cause to be made extensions and betterments thereto, and Operator will at all times operate or cause to be operated the Shiplift Facility in a safe and efficient manner in accordance with the manufacturer's instructions for operation, and at a reasonable cost. Operator will S1XTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INC. Tune 2009 Page 1 of 3 ~~ comply with all terms and conditions of all licenses and permits which are of material importance to the operation of the Shiplift Facility. (b) Operator shall at a minimum perform maintenance of the Shiplift Facility in accordance with a maintenance schedule prepared by City and Operator and attached as Exhibit E hereto. This schedule will provide for maintenance in accordance with the recommendations of Pearlson Shiplift Corporation and its successors, and shall be kept in conformance with the maintenance recommendations of Pearlson Shiplift Corporation. This schedule will also provide for major renewals and replacements to the Shiplift Facility, which shall be modified from time to time in accordance with the recommendations of Lloyd's Registry of Shipping. (c) Operator shall permit the Shiplift Facility to be operated only by persons that Operator determines to be qualified, competent and otherwise fit to perform their assigned duties in the operation of the Shiplift Facility. Operator shall maintain on file with City a current list of all persons that it has assigned to operate the Shiplift Facility, including the duties with respect to such operation that it has assigned to each such person. Formal training is the responsibility of Operator and can be obtained from Pearlson Shiplift Corporation. (d) Operator shall provide to City each week a schedule of Shiplift Facility operations during the following week. City may contact Operator by telephone for a list of any changes to a weekly schedule. Agents of City may enter the Shiplift Facility at any time to inspect the Shiplift Facility or observe its operation. if City observes the Shiplift Facility being operated in an unsafe manner or in a manner that does not conform to the manufacturer's instructions for operation, City may order Operator to cease operating the Shiplift Facility until the problem has been corrected. (e) Operator shall, at its own expense, schedule annual inspections of the Shiplift Facility by Pearlson Shiplift Corporation, Lloyd's Register of Shipping and such specialty consultants as may be required by Pearlson Shiplift Corporation or Lloyd's Register of Shipping, and promptly provide to City a copy of the report of each such inspection. (f) Operator shall maintain hours of Shiplift Facility operation, and procedures for Shiplift Facility operation, that in the judgment of the City reasonably accommodate all members of the public desiring to use the services of the Shiplift Facility. In operating the Shiplift Facility, Operator shall not discriminate against any member of the public desiring to use the Shiplift Facility with respect to hours of operation, services offered, scheduling of operations, or any other aspect of Shiplift Facility operation. Section 2. The Operator agrees to immediately supply to the Seward Harbormaster all information provided by the Operator to the inspectors. SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INC. Tune 2009 Page 2 of 3~ Section 3. The Agreement Term as described in Section 2.01 of the Agreement is extended to September 30, 2010. During this period Operator shall complete the coating of the pipe pile in the splash zone and the 33 cofferdam cells to the City's satisfaction. The extension of time allowed by this provision shall not constitute a waiver of any rights of the City as owner of the Shiplift Facility or as otherwise described in the Agreement. Section 4. Operator shall use its best efforts to improve the condition of the City's Shiplift Facility, and this commitment is material consideration for the City's consent to enter into this Sixth Amendment. Section 5. All other provisions of the Agreement remain in full force and effect. Section 6. This Agreement is subject to approval by the Seward City Council and shall become effective upon the signatures of both parties. DATED this day of City: 2009. Operator: CITY OF SEWARD Phillip Oates, City Manager ATTEST: Jean Lewis, CMC, City Clerk SEWARD SHIP'S DRYDOCK, INC. James T. Pruitt, President SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INC. June 2009 Page 3 of 3 Sponsored by: City Manager CITY OF SEWARD, ALASKA RESOLUTION 2009-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISCHARGE OF FIREWORKS BY THE CHAMBER OF COMMERCE DURING THE 2009 INDEPENDENCE DAY CELEBRATION WHEREAS, Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward unless specifically approved by the City Council; and WHEREAS, the Chamber of Commerce will be again, sponsoring a fireworks display on Saturday the 4`h of July, 2009, at 12:01 a.m. with an alternate date of Sunday July 5`h at 12:01 a.m. and is requesting City Council approval; and WHEREAS, the site for the discharge of the fireworks has been identified as the new breakwater area, in front of the Harbor Lights Condominiums, and has been approved by the Fire Chief as required in City Code; and WHEREAS, the City has traditionally allowed the Chamber of Commerce to provide a fireworks display within the City in conjunction with its Fourth of July celebration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. As a part of its Fourth of July Celebration, the Seward Chamber of Commerce is authorized to discharge fireworks within the City at a time and place that has received the prior approval of the City Fire Chief. Section 2. 'This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°a day of June, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) f3 Council Agenda Statement Meeting Date: June 22, 2009 To: Mayor and Council Members From: David Squires, Fire Cluef T~ Phillip Oates, City Manag Agenda Item: 2009 Fireworks Pernvt BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce is requesting pernvssion from City Council to hold fireworks display on Saturday July 4, 2009 at 12:01 am at the new breakwater area, in front of the Harbor Lights Condominiums. They have stated that their alternate date is Sunday July 5, 2009 at 12:01 a.m., if there is inclement weather on the Fourth. Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward unless specifically approved by the City Council. The City has traditionally allowed the Chamber of Commerce to provide an annual fireworks display within the City in conjunction with its Fourth of July celebration. The fireworks will be presented by "Fire Art by Griz". The Seward Chamber of Commerce stated that they will work directly with the Seward Fire Department to ensure that the fireworks show is presented in a safe manner. The location has been reviewed and approved. The Chamber has also stated that they will supply two guards to keep the public away from the set up and discharged area. INTENT: Permit fireworks display for the 4`h of July, 2009 CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Counci] Rules of Procedures. Other: Not Applicable FISCAL NOTE: There is no fiscal im/~Jpact. Approved by Finance Department: ,;~~,a~i~e~iL'~iu.~.olii ttL+ l U1V1ML~ NllA'I'lUN: City Council approve Resolution 2009-05~thorizing the discharge of fireworks by the Chamber of Commerce during the 2009 Independence Day Celebration. 14 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT FROM THE STATE HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT OF X350,000 FOR THE PURPOSE OF EXPANDING AND UPDATING INFRASTRUCTURE SECURITY CAMERAS WHEREAS, the City of Seward, Police Department submitted an application to the State of Alaska Homeland Security Grant Program (HSGP); and WHEREAS, the grant application to HSGP demonstrated the need for funding for upgrades to and expansion of the existing infrastructure security system based upon a recently completed Security Vulnerability Assessment; and WHEREAS, the 2008 HSGP reallocated funds in the amount of $350,000 for this City of Seward project; and WHEREAS, these funds are essential to the Seward Police Department in order to expand upon and upgrade the existing infrastructure security camera system; and WHEREAS, Che grant does not require a local match. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1: The City Manager is hereby authorized to enter into an agreement with the State of Alaska in substantially the form as attached hereto, to accept Homeland Security granted funds. Section 2: Funding in the amount of $350,000 is hereby accepted to Homeland Security Camera grant account no. 651-6514-4680-0200, and appropriated to equipment account no.651-6514-5930. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward Alaska this day 22°d day of June, 2009. 1~ Council Agenda Statement Meeting Date: June 22, 2009 From: City Manager Phillip Oate Through; Police Chief Tom Clemons Agenda Item: Resolution accepting award of State Homeland Security Grant for $350,000 for City Infrastructure Camera system upgrade/expansion. BACKGROUND & JUSTIFICATION: The City of Seward Police Department applied for and has been awarded $350,000 fromthe State of Alaska Homeland Security Grant Program (HSGP). A recently completed Security Vulnerability Assessment along with the Police Departments application demonstrated the need for expansion of and upgrades to the existing City infrastructure security camera system. Reallocations of 2008 HSGY funding is being used for this grant and the performance period is May 28, 2009- December 31, 2010. The acceptance of this grant will better enable Seward to protect critical and expensive infrastructure. CONSISTENCY CHECKLIST• Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: There are no direct fiscal impacts ofthi r ~olution. his grant requires no local match. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2009-~, accepting a grant from the State of Alaska Homeland Security Grant Program in the amount of $350,000 for the purpose of expanding and updating infrastructure security cameras. f6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A ONE YEAR CONTRACT FOR 5449,472.00 WITH THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND HOUSING PRISONERS CHARGED AND/OR SENTENCED UNDER ALASKA STATUTES WHEREAS, the City of Seward has received a proposed one year contract from the State of Alaska for the operation of the Seward community Jail; and WHEREAS, the contract amount for the City of Seward is $449,472.00, to operate the Seward Community Jail in accordance with the attached contract from July 1, 2009 through June 30, 2010; and WHEREAS, the 2009 budget estimated jail contract revenues of $450,000.00 which falls short of the proposed contract amount by $528.00; and WHEREAS, the amount of $449.472.00 falls short of covering even the City's direct cost by $57,460.00, and does not cover any of the City's indirect costs of $75,830.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section l . The Seward City Council hereby authorizes the city manager to enter into a one year contract for $449,472.00 with the State of Alaska, Department of Corrections, to provide for operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska Statutes. Section 2. The City Council herby instructs the administration to continue lobbying for additional state funding of the Seward Community Jail such that the local tax payers are not asked to subsidize the cost of operating the jail for state-related offenses. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d of June 2009. 1'7 CITY OF SEWARD, ALASKA RESOLUTION 2009-052 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 18 Agenda Statement Meeting Date: June 22, 2009 To: Phillip Oates, City Manage From: Tom Clemons, Chief of Police Agenda Item: Renewal of Jail Contract between the Department of Corrections and the City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has entered into contracts with the Department of Corrections for many years and this renewal is being presented for adoption. The State of Alaska will pay the City of Seward $449,472.00 to operate the Seward community .Tail in accordance with the conditions set forth in the attached contact. This contract will be in force from July I , 2009 through June 30, 2010. CONSISTENCY CHECKLIST: I. Comprehensive Plan 2. Strategic Plan 3. Other: 4. Not applicable Yes No X FISCAL NOTE: The City of Seward will receive the sum of $449.472.00 from the State of Alaska for this contract. This is the same amount the City received in FY2006. The City's FY2009 budget estimates for operating the jail were about $506,532.00. Therefore the appropriation from the State falls approximately $57,060.00 short of covering the direct cost of operating the jail. Approved by Finance Department 11,G~ua~`~ "G'~ RECOMMENDATION: Recommend approval of Resolution 2009 o5authoring a contact between the City of Seward and the State of Alaska, Department of Corrections that provides for the City of Seward to operate the Seward Community jail, and house prisoners charged and/or sentenced under Alaska Statutes. The State will pay the City 5449,472.00 to provide the service. 19 SARAH PALlN, GOVERNOR DEPARTMENT OF CORRECTIONS Division of Administrative Services May 20, 2009 Dear Contractor, P.O.Box 172000 Juneau, AK 99811-2000 PHONE: ;907) 465-3399 FAX: (907) 465-2006 Attached are the copies of the contract renewal documents for the community jails contract with your city or borough and a copy of the Standards for Jail Operation referenced in the contract document. Please sign both contract copies in block 12 and return them to me prior to June 26, 2009. I will get them signed by Department of Corrections personnel and return a copy to you for your records. Questions can be directed to me via telephone or e-mail. Thank you in advance for your assistance. ack Gregson Procurement Officer State of Alaska Department of Corrections 907-465-3399 (voice) 907-465-2006 (fax) E-mail: jack.gregson@alaska.gov ~o STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES 1. Agency Contract Number 2. ASPS Number 3. Financial Coding a. Agency Assigned Encumbrance 2101010 2010-2000-8710 20665500-15905-76900011-73076 2101010 5. Vendor Number 6. ProjecUCase Number 7. Alaska Business License Number COS84266 Community Jail: Seward not applicable This contract is between the State of Alaska, 8. Department of Division COrreCtlOnS Institutions hereafter the State, and 9. Contractor City of Sewa rd, Police Department hereafter the Contractor Mailing Address Street or P.O. Box City State ZIP+4 PO Box 167 410 Adams St. Seward AK 99664 10. ARTICLE 1. Appendices: Appendices referred to in this contract and attached to it are considered part of it. ARTICLE 2. Performance of Service: 2.1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this wntract. See Appendix C for indemnity and insurance related language. 2.3 Appendix C sets forth the services to be performed by the contractor. ARTICLE 3. Period of Performance: The period of performance far this contract begins JUIV 1 2009 ,and ends June 30 2010 ARTICLE 4. Considerations: 4.1 In full consideration of the contractor's performance under this contract, the State shall pay the contractor a sum not to exceed $ 449,472.00 in accordance with the provisions of Appendix D. 4.2 When billing the State, the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to: 11 Department of Attention: Division of Corrections Administrative Services, Accounting Mailing Address Atlention~. PO Box 112000, Juneau, AK 99811-2000 Mary Engdahl (ph. 907-465-3478) 12. CONTRACTOR 14. CERTIFICATION: I certify that the facts herein and on supporting Name of Firm documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited, that sufficient funds are City of Seward encumbered to pay this obligation, or that there is a sufficient balance Signature of Authorized Representative Date in the appropriation cited to cover this obligation. I am aware that to knowingly make or allow false entries or alterations on a public record, or knowingly destroy, mutilate.. suppress, conceal, remove or h i i i h i l ibili il bili f Typed or Printed Name of Authorized Representative erw mpa r t e ver ty or ava a ty o ot se ty, eg a public record constitutes tampering with public records punishable under AS Phillip E. Oates 11.56.815-.820. Other disciplinary action may be taken up to and includin dismissal Title g . City Manager (ph. 907-224-3338; fax 907-224-8480) 13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date DepartmenUDivision Date Corrections /Institutions Signature of Project Director Typed or Printed Name Jack Gregson Typed or Printed Name of Projec[ Director Title Garland Armstrong Procurement Officer Title Dept. of Corrections Director, Division of Institutions (ph. 907-269-7409) Juneau Procurement Section NOTICE: This contract has no effect until signed by the head of contracting agency or designee. 02-093 (12103/02) ~ ~ SAF.DOC APPENDI\ A GENERAL PROVISIONS Article 1. Definitions. L I Lt this contract and appendices, "Project Direcor" or "Agency Head" nr "Procurement Officer" means the person wlto sifnts this contract on behalf of ilia Requesting Agency and inelodes a successor or authorized representatve_ I ? "State Contracting Agency" means the department for which this contract is l0 6e perfonucd and (or which the Commissioner or Amhnnzed Designee acted in a sifmine Ihs contract. Article 2.lnspection and Reports. 2. I The department may inspect, in the manner and at reasonable times it considers appropria±e, all the contractor's Facilities and activities colder This contract. 2.2 The cmttractor shall make progress cord other reports in the maimer and ai the times the department reasonably requires. Article 3. Disputes 3.1 fury dispose concerning a question of fain arising under this contract wdtich is not disposed of by nun ual agt cement shall be decided in accordance with AS 36 30.6?0-632 Artcle 4. Equal Employment Opportunity. 4. I The contractor may not discriminate against any employee or applicant for einploymem because of race, religion, color, national origin, or because of age, disabilip•, sex, marital status, charges m manta) status, pregntancy or parenthood when the reasonable demands Ohhe position(s) do not require distinction rni the basis of age, disability, sex, marital status, changes in marital status. prcfntaney, or parenthood. The oonlractor shall take affirmative action to insure [hat the applicants are considered for employment and chat employees are treated during employment without unlartdid regard to their race, color, reli fdon, national ori6dn, ancestry, disability.. age, sex, marital status, chances in marital stains, changes in marital statue. pregtmtcy or parenthood, This actimt mull include, but need not be Ibnrted to, the following emplq•ment. upgrading, demoting transfer, recndimenl or recnunncvt advertising, layofr or tenninalion, rates of pay or other forms of compensatiml, and selection for training including apprenticeship. The cmttractor shall post in emrspicuous places, available to employees and applicants for employment. notices setting out the pro~~sions of [his paragraph. 4.2 The contractor shall state, in ell solicitanons or advertisements for employees to work on Slate of Alaska contract jobs, Ihat it is an equal opportunity employer and that all qualified applicants will receive consideration for entpl0}aneni without regard to race; relib~on. color, national origin, age, disability, sex, marital stains, changes in marital status, pre~mtancy or parenthood. 4.3 The contractor shall scud to each labor union or representative of workers with which the contractor has a collective bargaining a f>reemenl or oilier contract or understanding a notice advising the labor union or workers' compensation representative of the contractor's enmmiunents under this article and post copies of the notice in conspicuous places available to all employees and applicants far employment. 4.4 The contractor shall iuclnde ilia provisions ofthis article in every contract, and shell require the inchtsion of these provisions in every eontmei entered ono by any of its subcontractors. so that Those provisions will be binding upon each subennfractor. For the purpose of including those provisions iu any catiract or subcontract. as required by Ihis conlracl. "contractor" and "suhcmttractor" may be changed to reFlecl appropriately the mine or designation of the parries of the contract or subconimcl. 45 The coulraclor shall cooperate filly with State efforts which seek to deal wish the problem of unlasvfid discrimination, and with all other Stale efforts to fntaramee fair wnployinenl practices under this contract, and promptly comph~ with all requests and directions frmn the Stare Coiwnission for Hwnan Rights or arty o(its officers or agents relating to pmvemiion ofdiscnmmatory emploranenl practices. 4 G Frill cooperauon in paragraph 4.5 includes; but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the Slate ofAleska, permitting employees of the contractor to be witnesses or oomplainants m any proceeding involving questions of unlawfid discrhninalien, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports nn the equal employment aspects of present and future employment; assistotg inspection of the contractor's (acilities; and promptly canplying with all State directives considered essential by any office or agency ol'the State ofAleska to insure compliance with all federal and Slate laws regulations, and politics penarning to the prevention of discriminatory employment practices. - 4.7 Failure Io perform under this article constitutes a material breach of the contract. Article 5. Termination. The Project Director, by wrings notice, may lemtinale thu eonlraet, in whole or in pan, when it is in the best iNerest of the State The State is liable only for payment in accordance with the pa}anent provsions ofthis contract for services rendered before the effective date ofienniiiarion. Article 6. No Assignment or Delegation. The contramor may not assigt or delegate this contract or any part of it, or any nghl to any of the money to be paid under it, except with the writren consent of the Yrgleci Director and the Agency Head Article 7. No Additional Work or Material. No claim for additional services. not specifically provided in this contract, performed or famished b}'the contractor, will be allowed. nor may the contractor do any work or famish any material not covered by the contract unless the work or material is ordered iu writing by the Project llirectnr and approved by ilia Agency Head. Article 8. ]ndependent Conlractnr. The contractor and wry agents and employees of the contractor act in an mdcpendent capacity and are uol officers or employees or agents of the Slaic in the pertbnnance ofthis cwrtracl. Article 9. Payment of Taxes. As a condition of performance of Ihis contract; the contractor shall pay all federate Stare, and local taxes intoned by the contractor and shall require their payment by any Subcomraclnr or arty other persons m the perfannauoe ofthis contract Sa6sfaaory pedonnance of this paragraph is a condition precedent to payment by the Slate ender this contract Artcle 10. Ownership of Documents. All deli fins, drawings. specifications, notes, artwork, and other work developed in the performance ofthis afnemnent are pmdnced for hire and remain the sole properly of the Seale of Alaska and may be used by the Slate (oi any other purpose without additional oompensation to the contractor. Tlie ewntractor agrees not io assert any rights acrd not t0 establish arw claim under the design patem or copyright laws. The contraotor, for a period of Ilmee years after final payment under this contract, agrees to famish and provide acoess to all retained materials at the ruyuest of the Project Dueolor Onless otherwise diredod by the PmjeG Director, the contraelrr may retain copies of all the materials. Article 17. Governing Law. Thin contract is governed by the laws of the Slate of Alaska. All actions concerning this cwnracl shall be brought in the Superior Court of the State of Alaska. Article 12. Conflicting Provisions. Unless specifically amended and approved by the Departineul of Law the General Pro~'isions ofthis contract supersede any provisions in other appendices. Article l3. Officials Not to Benefit. Ceotractonnusf comply with ell applicable federal or Slate laws regulating ethical conduce ofpubtic officers wtd wnployees. Article 14. Covenant Against Contingent Fees. ._ the contractor wan ants that no perswt or agency has beets emplq•ed or retained to solicit or secure this contract upon an a fneement or understanding for a cormnissimt, percentage, brokerage m contingent fee except employees or agencies maintained by the coniraoior for fbe purpose of securing business. F'or the hreaeh or violation ofthis warranty, the State my terminate this compact without liability or in its discretion deduct from the contract price or consderation the fill amount of the commission, percentage, brokerage or contingent fee. RACK OJ_114i lndmrmn ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAILS SERVICES July 1, 2009 through June 30, 2010 Appendix C General Terms Parties The parties to this contract are the Alaska Department of Corrections, and the BoroughlCity of Seward, herein referred to as the "Borough/City". 1. Services Provide short-term community jail confinement of persons held under State law. This is a contract for the Borough/City to operate a jail facility and hold prisoners in accordance with this contract and The Standards for Jail Operations adopted by the Governor's Task Force on Community Jails (November 18, 1994 edition), hereafter referred to as "The Standards". The Standards and the final report of the Governor's Task Force are attached as Appendix E to this contract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter 13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any legal proceeding to establish a "duty of care", or evidence of a legal duty to any person or entity. Rather, these standards were and are intended: a. as a statement of professional goals to be achieved; b. to promote recognition of needed improvements, both as to facilities and operations; c. to promote efficiency; and d. to encourage professionalism in the operations of Alaska jails. As used in this contract, "community jail administrator" has the meaning given in Chapter 13 of The Standards. As used in this contract, "prisoner" has the meaning given in AS 33.30.901(12), and specifically excludes persons detained under authority of AS 47. This contract allows the Borough/City to hold persons detained under AS 47 in its jail facility, however the Department is authorized to, and will not, compensate the Borough/City for any direct or indirect costs related as AS 47 detainees, including medical or transportation costs. 2. Sole Agreement This contract is the sole agreement between the parties relating to jail services. There are no other agreements, expressed or implied. 3. Effective Date/Termination/Amendments This contract is effective July 1, 2009 and continues in force through June 30, 2010 except that it may be terminated by either party upon ninety (90) days written notice from the terminating party. #2010-2000-8710 / 2101010 2 ~ Sewartl l:ommunity Jau 4. Responsibilities of the parties General Responsibilities of the Borough/City The Borough/City Shall a. Operate a facility for the care and confinement of prisoners in accordance with this contract and with goals set out in The Standards, including any additions or deletions to The Standards by the Commissioner of Corrections following notice to all community jail administrators and an opportunity to comment. b. Comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88-35-42 USC secs. 2000e-2 and 2DOOe-3) and Federal regulations implementing the act in the hiring and treatment of its employees and will not subject any prisoner to discrimination on the grounds of race, creed, color, religion, national origin, sex. c. Permit reasonable visitation for prisoners as set out in The Standards. A record or log of all prisoner visitors will be kept indicating date, time and identity of each visitor. d. Protect prisoner property by taking proper precautions and providing the necessary policies and procedures to protect the property from loss or destruction. e. Not accept a prisoner into the facility under this contract if the person is unconscious or in immediate need of medical attention, and shall not be entitled to reimbursement far immediate medical services provided to such a person. The Borough/City shall provide necessary medical care for prisoners accepted into the facility under this contract, and shall be entitled to reimbursement by the Department for the cost of such care, per Section C6 of this contract. f. Immediately notify the Department of Corrections, the nearest post of the Alaska State Troopers, and any police agencies in the general vicinity of the jail facility if a prisoner escapes or leaves the premises of the facility without authority. The Borough/City shall make every reasonable effort to return the prisoner to the facility without cost to the Department of Corrections, as long as there are reasonable grounds to believe the prisoner is within the Borough/City limits. g. Adopt and enforce rules concerning smoking by prisoners and staff consistent with State statutes and regulations, keeping in mind the health and welfare of all prisoners and staff personnel. h. Maintain prisoner records showing the prisoner's time served, the date and time the prisoner was booked in, the date and time of changes to custody, notations about the prisoner's institutional adjustment, and records of medical and dental treatment. These prisoner records must be in a prisoner's file when they are transferred from the community jail facility to another state correctional facility. Immediately, but, in no event more than 24 hours following receipt of notice, report to the Department of Corrections all claims concerning the jail facility that could foreseeably affect the legal liability of either party to this contract and cooperate with the Department of Corrections in the defense and/or settlement of the claim. #2D1D-2000-8710 / 21D1010 Seward Community Jail j. Purchase and maintain in force at all times during the performance of services under this agreement the policies of insurance listed in the contract. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Borough's/City's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. k. Provide current certificates of insurance to the Department of Corrections prior to the pertormance of services under this contract and shall provide fora 30-day prior notice of cancellation, non-renewal or material change to any insurance policy. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the Borough/City's services. Provide and maintain Worker's Compensation Insurance as required by AS 23.30.045 for all employees engaged in work under this contract. The Borough/City shall be responsible for insuring that any subcontractor who directly or indirectly provides services under this contract will maintain Worker's Compensation Insurance. Coverage must include all states in which employees are engaging in work and must include employer's liability protection of not less than $100,000.00 per person and $100,000.00 per occurrence. m. Provide and maintain comprehensive general liability insurance, with a combined single limit per occurrence of not less than $1,000,000.00 covering activities associated with or arising out of this contract, to include jail keeper's legal liability coverage. The State shall be added as an additional insured under such policies. The Borough/City shall be solely responsible for the payment of claims or losses to the extent they fall within the deductible amount of such insurance. This insurance shall be primary to any other insurance or self insurance carried by the State. n. Provide and maintain comprehensive automobile liability insurance, covering all owned, hired and non-owned vehicles used during the provision of services under this contract with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury and $50,000.00 property damage. o. Provide a monthly accounting of prisoner statistics by the 15'h day of the month following the monthly period covered on forms provided by the Department of Corrections. The forms shall include specific information on each prisoner housed during the reporting period to include the prisoner's name, the number ofman-days, the charge or reason for incarceration, the dates of incarceration, the arresting agency and other information as requested on the forms. "Man-day" indicates a prisoner was confined for more than four (4) hours in one twenty-four hour calendar day. If a prisoner had been confined for less than or equal to (4) hours in one calendar day, the accounting shall indicate one-half man-day. p. Not operate furlough or release programs for pre-sentenced prisoners held, unless ordered by a court. The Borough/City shall not permit a furlough or release for any sentenced prisoners without the consent of the Department of Corrections. q. Community Jails accessing the Agency's Offender Tracking Information System (OTIS) will require all jail personnel using the OTIS System to undergo a DOC security check. The Community Jail Administrator will submit the following information for each person accessing the OTIS System for security review by DOC: #2010-2000-8710 / 2101010 5~ ~ Seward Community Jail (1) Fult name (2) Residence address (3) Telephone (4) Date of birth (5) Valid drivers license and state of issue, or other photo identification (6) Social Security number The Jail Administrator, with assistance from the Community Jail Coordinator, will develop Policy and Procedures for monitoring jail staff to ensure system security, confidentiality and the use of the OTIS System only for Community Jail business. The Jail Administrator will immediately notify the Community Jail Coordinator if jail staff with access to the OTIS System leave their employment. Community Jails will be responsible for ongoing telecommunications costs such as line charges, connection fees and Internet service provider fees, etc. 5. General Responsibilities of the Department of Corrections The Department of Corrections shall: a. Reimburse the Borough/City for necessary medical care under section C6 of this Contract. b. Not be responsible for the management of local jail facility prisoner population. It is the policy of the Department of Corrections to detain and confine only prisoners from the normally serviced region of the respective facilities. However, in the case of an emergency or for necessary population or security management purposes, prisoners may be transferred from other areas of the State. Conversely, for the same purposes, prisoners may be transferred from the respective facilities to other areas of the State. c. Through the Division of Risk Management, provide excess legal liability coverage from claims directly resulting from the Borough/City's services under this contract, that are covered by the primary jail keeper's legal liability policy carried by the Borough/City, excluding any damages awarded as a result of intentional or malicious misconduct, criminal conduct, or outrageous conduct on the part of the Borough/City or its employees or agents. The state will provide coverage of $4,000,000.00 excess of $1,000,000.00 per occurrence and annual aggregate as an excess insurer. All conditions of the primary jail keeper's legal liability policy are considered a part of this excess liability protection. As an additional condition precedent to this excess liability coverage, the Borough/City agrees to immediately report to the State all claims that could foreseeably penetrate to this excess policy level and cooperate with the State in the defense and/or settlement of the claim. Be permitted to inspect, at all reasonable times, any facility used by the Borough/City to house prisoners that are confined; in order to determine if that facility is complying with The Standards and with this agreement. #2010-2000-8710 ! 2101010 6 ~~ Seward Community Jail e. Provide on-going technical assistance and training for community jails requesting access to the OTIS System. The Department of Corrections will conduct security checks, with information provided by the Jail Administrator, for all jail staff requesting access to the OTIS System. All related telecommunications charges (such as telephone company lines fees or tolls and Internet service provider fees, or special charges for initial line installation) will be the responsibility of the community jail. 6. Medical and Dental Care and Reimbursement The Borough/City shall: a. Provide necessary medical care to prisoners accepted into the community jail facility under this contract. Prisoners who require medical attention are to be provided treatment as soon as possible, taking into consideration the nature of the illness or injury. If medical care is provided outside of the jail facility, the community jail administrator shall provide necessary security as required by paragraph 7a of this contract. As used in this contract, "necessary medical care" has the meaning given in Chapter 13 of The Standards. If requirements of this definition are otherwise met, the following are included within the term "necessary medical care" and subject to reimbursement: (1) psychological or psychiatric care; and (2) dental care to i. control bleeding; ii. relieve pain; iii. eliminate acute infection; iv. prevent pulp decay and imminent loss of teeth through operative procedures; and v. treat injuries to teeth or repair supporting dental structures, caused by accident or injury. b. Maintain control of and dispense medicines to prisoners in compliance with The Standards and directions specified by a physician or other qualified health care provider, and take reasonable steps to guard against misuse or overdose of medicines by prisoners. c. Adopt emergency medical procedures and make available telephone numbers for medical, psychiatric, or other health services, so that staff will have ready access to such information. d. Obtain approval from the Department before incurring liability for medical care which reimbursement is sought, except in the case of emergency care that must be provided to the prisoner before approval from the Department of Corrections can be obtained. The Borough/City shall make a reasonable effort to obtain approval from the Department of Corrections and shall promptly, but in no event later than the next working business day, notify the Department of Corrections of any emergency for which medical care was provided before such approval could be obtained. Approval from the Department of Corrections will not be unreasonably withheld. #2010-2000-8710 / 2101010 7`2'7 Seward Community Jail To obtain approval Borough/City staff should contact the Department of Corrections Central Office during normal working hours Monday through Friday 8:OOam to 4:30pm at (907) 269-7300, after hours, weekends and holidays contact the Anchorage Correctional Complex Medical Unit at (907) 269-4233. Be entitled to reimbursement from the Department of Corrections for expenses of necessary medical care provided under paragraph 6a and approved under paragraph 6d. In applying for reimbursement, the BoroughlCity must follow the procedure set out in paragraph 6f. The Borough/City will not be entitled to reimbursement for the hiring of emergency guards or other medically related security costs, or for medical care for persons (1) held under the authority of AS 47; (2) accepted into the facility while unconscious or in immediate need of medical attention, (3) receiving medical services for elective, cosmetic or other medical services that are not necessary medical care, or (4) not approved by the Department under paragraph 7d. Medical services provided to prisoners who have been properly accepted into the Borough/City jail facilities under this contract shall not, however, be challenged by the Department merely because they were rendered immediately or shortly after the prisoner was accepted. f. Request reimbursement by submitting to the Department of Corrections a properly certified accounting containing: (1) a copy of the medical bill with the prisoner's name and a description of the services rendered, (2) a copy of the monthly booking form showing the prisoner's date and time of booking, and (3) a copy of the medical payment request form. The community jail administrator will make reasonable effort and take appropriate steps to assure that the Department of Corrections is billed only for necessary and required medical services beyond the payment limits of the prisoner or any insurance carrier or other third-party payer. 7. Transfers and Transportation of Prisoners The parties agree that: The Borough/City shall provide transportation and supervision of prisoners within local boundaries when the prisoners are outside of the jail facility, other than pursuant to court-ordered release. Supervision must be adequate to prevent escapes, prevent inappropriate contact with others, prevent possession of contraband and provide security for the prisoner and the public. #201 D-2000-8710 / 2101010 8 2 8 Seward Community Jail b. The Borough/City shall immediately notify the Department of Corrections to request that a prisoner be transferred from the facility to one outside of local boundaries because; (1) a court has ordered the transportation; (2) the prisoner has been incarcerated in the facility for 30 consecutive davs, unless a court has ordered that the prisoner remain in the facility or the prisoner has signed a written waiver requesting to remain in the facility; or (3) the community jail administrator believes a transfer is necessary for security or population management reasons. c. The BoroughlCity shall continue to hold prisoners, notwithstanding the existence of grounds for a transfer, until the Department of Corrections arranges transportation for the prisoner. d. The Department of Corrections (1) may contact the Department of Public Safety to make arrangements for the transportation of prisoners requested under paragraphs 7b(1) or (2), or may request the community jail administrator to directly contact the Department of Public Safety to make transportation arrangements; and (2) will contact the Department of Public Safety to make arrangements for the transportation of prisoners requested under paragraph 7b(3) when the Department finds that it can reasonably accommodate the request and the community jail administrator clearly demonstrates to the satisfaction of the Department that the transportation is necessary and that it will not interfere with the prisoner's attendance at legal proceedings or create any undue hardship on the prisoner. The Department will not unreasonably deny a request for transfer under this subsection. e. The Borough/City shall, when the prisoner leaves the facility, furnish the transporting officer with the prisoner's file described in paragraph 4h of this agreement. #201 D-2000-8710 / 2101010 ~ g Seward Community Jaif ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAIL SERVICES July 1, 2009 through June 30, 2010 Appendix D Payment Provisions 1. The total contract amount for the Borough/City of Seward is $449,472.00 for the period from July 1, 2009 through June 30, 2010 and represents the total payment due. 14 Beds 2. The Department of Corrections will pay the Borough/City one quarter of the amount specified above. Appendix D paragraph 1, on the first day of each quarter of the fiscal year. 3. It is specifically agreed by the parties that the Department of Corrections is not funded for and will not provide annual in-service training as set out in Section 10.01 of The Standards, unless funding is provided by the Alaska Legislature or the Borough/City. 4. The Borough/City shall be prohibited from utilizing funds received under this contract for any purpose other than operation of community jail facility. Any funds received by the Borough/City under this contract that are utilized for purposes other than those authorized by this contract shall be reimbursed to the State and deposited to the general fund. G 1ContractslFY081Community Jails\fy08 contra ctslSeward-n.doc #2010-2D00-8710 / 2101010 10 j ~ Seward Community Jail Appendix List: A General Provisions ~ 4r~erz~^"•• ^^^"^~ -~ - See Appendix C for indemnity and insurance related language C General Terms D Payment Provisions • D2 breakdown of funding E State of Alaska, Community Jails Program: Standards for Jail Operation As produced and adopted by the Governor's Task Force on Community Jails, November 1994 #2010-2000-8710 / 2101010 ~] ~ 11 Seward Community Jail ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR COMMUNITY JAIL SERVICES July 1, 2009 through June 30, 2010 Borough/City of Seward Appendix D2 The following is a breakdown of the total contract amount for FY2010 for the indicated facility. The contract requires that the funding be used only for the operation of the jail facility and not for any other purpose. It also requires an accounting to specific line items within the jail facility budget. These are the areas intended to be funded by the total contract amount for each fiscal year, unless otherwise amended: Personnel Position Annual Salary % 12 Month Cost Jail Supervisor 55,476.00 100 55,476.00 CJO 44,475.00 100 44,475.00 CJO 47,053.00 100 47,053.00 CJO 44,475.00 100 44,475.00 CJO 36,013.00 100 36,013.00 CJO 45,462.00 100 45,462.00 ~l L/L,y54.UU Non-Personnel Item 12 Month Cost Utilities 6,466.74 Telephone 945.06 Insurance 2,361.95 Vehicle 2,400.00 Publications 180.97 Supplies 8,600.00 Food 25,360.00 Unallocated 8,000.00 $ 54,314.72 Summary 12 Month Contract Amount Personnel Costs 272,954.00 Non-Personnel Costs 54,314.72 Subtotal 327,268.72 Admin Overhead 44,195.95 Total(FY2005) $ 371,464.67 Note: +10% for FY2006 FY 2006 Contract Total + 10% increase for FY07 FY2007 Contract Total: FY2010 Contract Total 37,146.47 $ 408,611.14 40, 860.86 $449,472.00 $449,472.00 #2010-2000-871012101010 3,1,2 Seward Community Jail Sponsored by: City Manager CITY OF SEWARD, ALASKA RESOLUTION 2009-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD THE QUESTION OF THE ISSUANCE OF NOT TO EXCEED $5,000,000 IN GENERAL OBLIGATION BONDS OF THE CITY TO FINANCE ALL OR A PORTION OF THE CONSTRUCTION OF A COMBINED LIBRARY/MUSEUM CAPITAL IMPROVEMENT PROJECT WHEREAS, as part of the Seward Centennial celebration of the founding of Seward, then Seward Mayor Edgar Blatchford sought project proposals from the public that would directly benefit the citizens of the community, would begin in the centennial year 2003 and reach completion during 2012, the one hundredth anniversary of the incorporation of the City; and WHEREAS, the Seward Community Library Museum project was selected to be the embodiment of the community's pride by preserving history and providing access to present and future knowledge; and WHEREAS, the total cost of the combined community library/museum is estimated to be $10,000,000 which includes planning, design, construction, management and furniture and fixtures; and WHEREAS, the City of Seward, the Seward Community Library Association and the Resurrection Bay Historical Society, through the creation of a joint Seward Community Library Museum Building Committee, and with the assistance of Foraker Predevelopment Fund consultants, are working tp create a sustainable project; and WHEREAS, since 2003 progress includes purchase of a site, completion of a feasibility study, a concept design, a business plan and a public phone survey; and WHEREAS, the public phone survey revealed that 58% of the respondents were very likely or likely to support bond funding for the project; supported by a''/z% sales tax increase to help pay for the capital costs of this project; and WHEREAS, through the efforts of the Seward Community Library Museum Building Committee, over $1,000,000 has already been committed to this project, through private donations, grants, City contributions, and professional in-kind services and property acquisition; and 33 CITY OF SEWARD, ALASKA RESOLUTION 2009-053 WHEREAS, the amount of money raised to date and the phone survey results demonstrate that there is overwhelming community support for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section L It is hereby determined to be for a public purpose and in the public interest of the City to borrow through the issuance of general obligation bonded indebtedness in an amount not to exceed $5,000,000 for the purpose of paying for the capital costs of a combined library/museum capital improvement in the City. The sum of $5,000,000 shall be borrowed by; for and on behalf of the City of Seward for library/museum capital improvements and shall be evidenced by the issuance of general obligation bonds of the City. The bond proceeds shall be used for capital improvements only. The full faith and credit of the City are pledged for the payment of the principal of and interest on the Bonds and ad valorem taxes upon all taxable property in the City shall be levied without limitation as to rate or amount to pay the principal of and interest on the Bonds when duc. Section 2. The bonds will not be issued until additional funding is obtained from private contributions, grants, state or federal sources. Section 3. The City shall submit the following proposition, in substantially the following form, to the qualified voters of the City of Seward at the October 6, 2009 regular City election. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approved. Proposition No. 3 General Obligation Bonds for Seward Community Library Museum Capital Improvements Shall the City of Seward incur debt and issue general obligation bonds in an amount not to exceed five million dollars ($5,000.000) to finance the construction of community library museum capital improvements in the City? Bonds may not be issued until the City has obtained additional funding through contributions and grants for the remainder of the costs of the project. The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected that annual payments of principal and interest on the Bonds will not exceed the annual amount to be received by the City from aone-half percent sales tax. PROPOSITION NO. 3 YES NO 34 CITY OF SEWARD, ALASKA RESOLUTION 2009-053 A "Yes" vote authorizes the issuance of not to exceed $5 million dollars of general obligation bonds for capital costs for the library/museum project. A "No"vote does not authorize the issuance of not to exceed $5 million dollars of general obligation bonds for capital costs for the library/museum project. Section 4. The City intends to allocate proceeds of the Bonds authorized under Section 1 of this Resolution to reimburse expenditures by the City for costs of acquisition, construction and equipping of the Library/Museum Project incurred prior to the date of issuance of the Bonds. Section 5. Sections 1 and 4 of this Resolution shall be come effective only if the proposition described in Section 3 is approved by a majority of the qualified voters of the City of Seward voting on the proposition at the election on October 6, 2009. The remaining sections of this resolution shall become effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22"d day of June, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 3J COUNCIL AGENDA STATEMENT Meeting Date: June 22, 2009 Through: City Manager Phillip Oates From: Library Director Patricia Linville Agenda Item: Resolution 2009-~~,~, providing for the submission to the qualified voters of the City of Seward the question of the issuance not to exceed $5,000,000 in general obligation bonds of the City to fmance all or a portion of the construction of a combined library/museum capital improvement project tst~~:liI:KUU1Vll 8c JUS'1'IFICATION• In 2003, Seward Mayor Edgar Blatchford proposed developing a community centered project in the Centennial year of Seward's founding to be completed in 2012, the l 00a' anniversary of the incorporation of Seward. Anew combined library museum was selected to be the embodiment of the community's pride by preserving history and providing access to present and future knowledge far the residents of Seward, the outlying areas and all seasonal workers and visitors. The Seward Community Library Museum Building Committee (SCLMBC), the City of Seward, the Seward Conununity Library Association (SCLA) and the Resurrection Bay Historical Society (RBHS) are working together to complete this project. Progress toward the goal includes formation of the SCLMBC, purchase of the former Salvation Army property as a dedicated site for the facility, a forma] Memorandum of Understanding between the SCLA and the RBHS, non-profit entities of the library and the museum, to accept private sector funding intended for the facility and dedication of City funds for capital campaign expenditures. Since 2006 the project has been guided by Foraker Predevclopment Fund (FPF), capital project development consultants, with the goal of creating a sustainable facility. FPF was created and is supported by the Denali Commission, the Mental Health Trust and Rasmuson Foundation. FPF completed a feasibility study of the original concept, revealing a plan that was economically unsustainable by the Seward community. FPF provided architectural and program planning expertise to create a conceptual design more suited to Seward's needs and resources. In April 2009; Foraker hired McDowell Group to conduct a telephone survey of randomly selected Seward voters to gauge support for the project and their willingness to vote to publicly fmance its construction. 208 people were surveyed with 9 out of 10 agreeing that a new library museum is needed and 58% either very likely or likely to vote fora '/z % increase in sales tax to help pay for the project. The estimated cost of the facility, including planning, design, construction, project management, furniture and fixtures, is $10 million. The plan of fmance includes $1 mi]lion private foundation and individual donations and $4-5 million state and federal funding. The remaining $5 million will be secured by general obligation bonds financed by the citizens of Seward. These bonds may not be issued until the City has obtained additional funding through contributions and grants for the remainder of the costs of the project. As of May 2009, over $1 rnillion has been committed to this project through private donations, grants, City contributions and professional in-kind services. 36 Library and museum services are offered to Seward residents, those living outside the city limits and all seasonal workers and visitors equally. The Seward Community Library Museum will be owned and operated by the City of Seward. Resolution 2009-_ anticipates passage of an ordinance adding a %% sales tax withal the City. Although the sales tax is not dedicated, it is the intent to use all or a portion of the proceeds of this tax increase to help meet the needs of the project. A sales tax would allow both residents and non-residents who utilize the City's library and museum to contribute to the construction and operation costs, thereby distributing the expense instead of placing the entire tax burden on owners of real property within the City CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: The intent ofthe SCLM Committee is to place an advisory ballot on the October 2009 election to ask the voters if they support a 0.5% increase in sales tax to pay for operating and capital costs. This would generate approx. $500,000 per year in revenue. The estimated annual debt service costs on a 25-year $5 nullion general obligation bond (assuming 5.75% borrowing rate) are approximately $380,000, with the remainder o the sal s tax evenue to be used to pay for increased operating, repairs, and mai anc sts. Approved by Finance Department ATTORNEY REVIEW _X_ RECOMMENDATION: Council approve Resolution 2009-~5.3, providing for the submission to the qualified voters of the City of Seward the question of the issuance not to exceed $5,000,000 in general obligation bonds of the City to fmance all or a portion of the construction of a combined library/museum capital improvement project. 3'7 Seward Library Museum Survey Prepared for: The Foraker Group Prepared by: MCI}®We~~ G R O U P Anchorage Juneau May 2009 38 Summary of Key Findings The Foraker Group contracted with McDowell Group to conduct a telephone survey of Seward voters to gauge interest in a new Library Museum facility. The survey sample included 208 randomly selected registered voters who live in Seward and have voted in at least one of the past five elections. The maximum margin of error for the survey is ±6.2 percent at the 95 percent confidence level. Fallowing are key findings from the survey. • Seward voters were asked about their current usage of the Seward Library, and to estimate their future usage of the new facility if one were to be built. Over half of respondents (56 percent) currently use the library on an "almost daily," "weekly," or "monthly" basis. The projected usage is 69 percent for the same time periods if the new facility were to be built. • The greatest increase is among the weekly users, with a projected growth from 27 to 37 percent. Fifty percent of voters visited the Seward Museum in the past year. Respondents were asked how usage would change if the proposed facility had more display space, traveling exhibits or increased slide show seating. The projected visitation increased in all categories, ranging from 74 percent to 86 percent. Nearly half the respondents had not visited the Seward Museum in the past year. The proposed changes would generate considerably greater interest and usage among Seward residents. Current and Projected Seward Museum Visitation Seirard Library Museum Survey McDowe// Group, /nc • oage 1 39 Did visit/will visit 50% 76% 86% 86% 74% Didn't visit/won't 48 16 12 13 19 visit Don't 2 8 2 1 8 know/Refused • Nine out of ten Seward voters (89 percent) strongly agree or agree that Seward needs a new library museum facility. • When respondents were asked how likely they would vote fora 0.5 percent tax increase in order to fund the proposed library museum, over half of the respondents (58 percent) were likely or very likely to vote in favor of the initiative. • Over a third of the respondents were unlikely or very unlikely to vote in favor of the initiative. When asked why, more than half of the respondents said the sales tax is already too high. Likelihood of Voting for aOne-Half Percent Sales Tax Increase to Fund the Project ~~ . Very likely 21% Likely 3 7 Unlikely 22 Very unlikely 13 Don't know/Refused 7 Seward Library Museum Survey McL7owel/ Group, Inc. • Page 2 ~o Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, AN ADVI50RY QUESTION ON WHETHER TO INCREASE THE SALES TAX RATE BY 0.5% AS NEEDED TO FUND OPERATING AND CAPITAL COSTS OF A NEW LIBRARY/MUSEUM, UNDERSTANDING THAT SALES TAX REVENUES CANNOT BE DEDICATED FOR A SPECIFIC PURPOSE WHEREAS, as part of the Seward Centennial celebration of the founding of Seward, then Seward Mayor Edgar Blatchford sought project proposals from the public that would directly benefit the citizens of the community, would begin in the centennial year 2003 and reach completion during 2012, the one hundredth anniversary of the incorporation of the City; and WHEREAS, the Seward Community Library Museum project was selected to be the embodiment of the community's pride by preserving history and providing access to present and future knowledge; and WHEREAS, the total cost of the combined community library/museum is estimated to be $10,000,000 which includes planning, design, construction, management and furniture and fixtures; and WHEREAS, the City of Seward, the Seward Community Library Association and the Resurrection Bay Historical Society, through the creation of a joint Seward Community Library Museum Building Committee, and with the assistance of Foraker Predevelopment Fund consultants, are working to create a sustainable project; and WHEREAS, since 2003 progress includes purchase of a site, completion of a feasibility study, a concept design, a business plan and a public phone survey; and WHEREAS, the public phone survey revealed that 58% of the respondents were very likely or likely to support bond funding for the project, supported by a ''/z% sales tax increase to help pay for the capital costs of this project; and WHEREAS, through the efforts of the Seward Community Library Museum Building Committee, over $1,000,000 has already been committed to this project, through private donations, grants, City contributions, and professional in-kind services and property acquisition; and 4 ~. CITY OF SEWARD, ALASKA RESOLUTION 2409-054 WHEREAS, although the amount of money raised to date and the phone survey results demonstrate that there is overwhelming community support for this project, it is expected that an advisory vote would provide input from more residents in the City but shall not be binding on the City Council; and WHEREAS, if the sales tax is increased, the additional funds would not be pledged or dedicated to any specific purpose but would be available to be appropriated by council to help defray the costs of the library/museum project, such as to repay $5,000,000 principal amount of genera] obligation bonds; and WHEREAS, both residents and non-residents who utilize the City's library and museum would contribute to the construction and operation costs, thereby distributing the expense instead of placing the entire tax burden on owners of real property within the City; and WHEREAS any excess funds would be available for other expenses of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Clerk is hereby directed to submit Proposition No. 2 as a non binding advisory vote to the qualified voters at the October 6, 2009 regular municipal election in substantially the following form: ADVISORY PROPOSITION NO. 2 Shall the Seward City Council increase the sales tax from 4.0% to 4.5%, with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed library/museum operating and construction costs and would be available to be appropriated by the City Council? Yes _ No A "Yes'' vote advises the Seward City Council that the voters recommend increasing the City's sates tax to 4.5%. A "No" vote advises the Seward City Council that the voters do not recommend increasing the City's sales tax to 4.5%. (A vote on this proposition is advisory only and non-binding) Section 2. This resolution shall take effect immediately upon its adoption. 42 CITY OF SEWARD, ALASKA RESOLUTION 2009-054 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of June, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 43 COUNCIL AGENDA STATEMENT Meeting Date: June 22, 2009 Through: City Manager Phillip Oates~~ _ From: Library Director Patricia Linville Agenda Item: Resolution 2009-~5 ,providing for the submission to the qualified voters of the City of Seward the question of whether to increase the sales tax rate by 0.5% to cover a portion of the capital and operating costs of a combined library/museum BACKGROUND & JUSTIFICATION: 1n 2003, Seward Mayor Edgar Blatchford proposed developing a community centered project in the Centennial year of Seward's founding to be completed in 2012, the 100ei anniversary of the incorporation of Seward. The intent of this resolution is to gauge the community's support for funding construction of a new libraryhnuseum, plus covering a portion of operating costs, through assessment of an additional 0.5% sales tax. By law, a sales tax cannot be dedicated. However, proceeds from an increase in the sales tax could help offset a portion of the annual operating and capital costs, with the understanding that a future Council can determine the use of any tax proceeds. The estimated cost of the facility, including planning, design, construction, project management, furniture and fixtures, is $10 million. The plan of fmance includes $1 million private foundation and individual donations and $4-5 million state and federal funding. The remaining $5 million will be secured by general obligation bonds fmanced by the citizens of Seward. As of May 2009, over $1 million has been committed to this project through private donations, grants, City contributions and professional in-kind services. Library and museum services are offered to Seward residents, those living outside the city limits and all seasonal workers and visitors equally. The Seward Community Library Museum will be owned and operated by the City of Seward. Assessing a sales tax would allow both residents and non-residents who utilize the City's library and museum to contribute to the construction and operation costs, thereby distributing the expense instead of placing the entire tax burden on owners of real property within the City. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. ATTORNEY REVIEW: Yes FISCAL NOTE: A 0.5% increase in sales tax is expected to generate approximately $500,000 per year. The estimated annual debt service costs on a 25-year $5 million general obligation bond (assuming 5.75% borrowing rate) are approximately $380,000, with the remainder to be used to pay for increased operating, re Approved by Finance 44 RECOMMENDATION: Council approve Resolution 2009-~, providing for the submission to the voters of an advisory vote on whether to increase the sales tax rate by 0.5% to cover a portion of the operating and capital costs of a new library%museum. 45 REC~~~I~® JUN 092009 CITY OF SEWARD, AL,ASIKA ®FFICE CF THE APPLICATION FOR THE CITY CLERK SEWARD HISTORIC PRESERVATION COMMISSION NAME: 1 ~ 1 U7'i ~ ~ a. R ~~r;'lL!~-f a' C' STREET-ADDRESS: ~ ! ~.. "~~-1~,.~. ~e.~~~.~ r~ l~ ~ ~n `~' MAILING ADDRESS: _ ~. 13~X l.~ ~ ~- :~~.~-~-~~(, ,~_ `~`3 ~~ ~ `~ HOME TELEPHONE: ~i7 ~ ~ Y~-~- ~`1'l0 ~ LENGTH OF( RESIDENCY IN THE SEWARD AREA: j~cn~w luttie v.~ !!7 (~ - ~•,"~d, fc~-,~-e, ~„ s L'1 ~- til" ~ ~ .Gtrm- i "P~ - . k 9r.-~. ~YLA-(.1'Y~~rl.(7bl..w PRESENLY EMPLOYED AS:~'L1S1i~c~ch- ~-~~J~~r~'2~;~w Czeo,i7 t,~nor,e,~,~,Q ~-'~'~-~-~~ Cow-=e~~, .,~.r-i.~t~J 1~.~,~ List any special training, education or background such as grant writing, history, `~' 'I'L`K architecture, or archeology, which may help you as a member of the ~""~"~ c~`a" ' 5 Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement:.-~~ I am specifically interested in serving on the Historic Preservation Commission because: _~ a~~.,_~t~-~e~L~.a=~e~t~ ~- ~~As-1-Y~~~- -hc..~~ ~aa~ ~ >G1~4, .~y L~ L{y'71~ (mod-l'V~'YYU-Vt~~i(7 N.y~~ C Q ~~~ '~ Y}'~~~'Lf ~-L, ',~i HaveVyou ever served on a similar commission elsewhere? Yes If so, where? __ `7~~ And when? ~~ca If appointed, are you willing to: • Do historic research? ~ NO • Work on preparing grant applications? NO • Work on writing historic register nominations? ~( NO • Attend historic preservation workshops? ~ NO SIGNATURE ~~Ce ~n ~-1~- d La c'a !~f-~~ ~a ~'I~.(~."i--~af '~''v''7LL Iu JLG~ ayi wu-o DATE ~~ City ojSeward, Alaska City Council Minutes June 08 20D9 Volume 38, Page CALL TO ORDER The June 08, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Senior Council Member Bob Valdatta. OPENING CEREMONY Police Chief Tom Clemons comprising a quorum of V to the flag. EXCEPT THOSE ITEMS SCHEDULED AL OF AGENDA AND CONSENT AGENDA Motion ~(Ba~rdun~Kellar) Approval of Agenda and Consent Agenda Resolution 200~~t1~, Q4~7 and 048 were added to the consent agenda by unanimous consent. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2009-045, Authorizing The City Manager To Enter Into A Contract For The Reading Of Electrical Meters Within The Seward Electrical Service Area With Richard & Melody Jordan. Resolution 2009-047, Stating An Intent To Fund X278,000 For The #3 Lift Station Electrical Upgrade Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To 47 Ciry of Seward, Alaska Ciry Council Minutes June 08, 2009 Yolume 38 Pa e Accept A Loan Offer From The Alaska Clean Water Fund With Payments Subject To Annual Appropriation. Resolution 2009-048, Authorizing The City Manager To Enter Into A Contract With Peninsula Construction, Inc. For An Amount Not Ta.luxceed $281,500 To Complete The Lift Station #3 Building Electrical Upgrade Prolect~'n~ Ap~Topriating Funds. The May 26, 2009 Regular City Special Meeting Minutes Were And The June 1, 2009 City Council Linda Lasota Was Re- Expire May 2012. SPECIAL ORDERS, Proclamations and Awards A proclamation Commission With A Term To Legion Riders . tic~~oag~~ n~ply Rep~x H rt~,~;~s,~dt'gbly Representative Ron Long recapped the budget msyetiriag,~Z ` ~aA June 2, 24~9~ d a 3 °~ o dal l increase. Sales tax revenue was down ,~ ~ _ r $,I 7 mile ~ ere'w2ts a $6b~;Q~£l~~tici•ease iri salaries, and no corresponding cuts and services ~or~tl~~ieio~ Esc re~v~nue Loii~tated the mill rate of 4.5% stayed the same. He noted being milh~ ~~ ~lowtl ~ tiot sustainable and would be challenging for next year. Long ~ .~ ~ Mentioned ~ th~~ rite ~hotic~,alarrco~~Otild be depleted in four years. He also stated a petition had ~~n filed estakv~i~kun~ tp~"~ap iria~ir tin"thiat could go to voters, If the petition was successful and dorsed by the voters, Ihenaximum tax collected could be tied into Anchorage CPI over a previous yeax'~s~~collection c1;no mire. If this were to happen in a down year, a negative CPI would mean a lesser ainvunt oft~~ could be`collected which would mandate a drastic reduction in services or a deplehori'of fun. baxi~e, making this very challenging for the borough and the public. City M ~"~ Deport. Assistant City Manager Kirsten Vesel stated there were no city expenditures betw"een~~`~`0,000 to $50,000 during the past two weeks. The Alaska Department of Health and Social Services virology laboratory in Fairbanks reported its first positive test for the HIN1 (swine) flu in Alaska on Wednesday, May 27, 2009. This was the first confirmed case of the new flu strain in Alaska. Since then, two new positive test results had been reported. Vesel reported on May 24, 2009, the City Clerk's Office received a letter from the Mayor of Obihiro, stating they would be cancelling the student exchange program this year due to the global outbreak of the H 1 N 1 Influenza. It was unfortunate the exchange would not be happening this year, but the City of Seward felt it needed to respect this decision made by Obihiro, and would pick the program up again in 2010. The three students chosen to travel this year, Maggie Herbert, Jed Wilde, and Hannah Beutler, would become next year's exchange students and would now have an entire year to fundraise for this event. Vese] mentioned the City of Seward had been approved to receive the 2008 Homeland Security Grant Program (HSGP) reallocated funds in the amount of $350,000.00. 48 City of Seward, Alaska City Council Minutes Volume 38, Page June 08 2009 Unfortunately, schools were not included in the Security Vulnerability Assessment and that portion of the program could not be funded using those grant funds. A city council resolution supporting graduation day scholarships had been postponed until arrival of the new High School Principal. Electric Department. Dustin Dressler had graduated college with a degree in Elec California with an anticipated start date changed a pole in the alley b~amd the falling. After a 12 hour o ~~ ~ r ~` ^ Harbor/SMIC. The harp*o'yu ~a 4„~ evenings this summer. ~u be available and respond'~a @# Army Corps of Engineers ,oYi American Recovery and Rein been completed, and a memb Stockdale) visited', lasx.,week. purchase ,the 870'~~00# seetic, as the new Field Engineer. He recently Bring. He would be traveling from 2009. The line crew and operators r`which was leaning and in danger of #mg s ~~`thrng n~,by providing staff coverage in the staff would carry radroS ~.nd log the floats from 6-10 pm to rgencies. The Seward Har~ioz' had begun working with the ,~ nrnieets~that received $5,~tx~%~ion in funding from the 'he survey wot~~or~the dredging project had ~o`uncil for the Corps of Engineers (Mr. Earl begun advertising for an invitation to bid to construct Z-float. Bids from qualified float fall materials, labor and equipment necessary rgh quality, heavy-duty timber mooring floats. s°~aauld be installed at the northeast area of the ~ntract at a later date. The floats would be paid The City Manager was negotiating with Seward Ship's outlined in the Maintenance & Operating Agreement. ~, .> ~ u ~. ,~ ?ubhc~orks i=~o~htown ti•asli receptacles were replaced, new loaders had arrived, 3eficienc~~ s'id'~n~ifie~1 during the voluntary OSHA inspection had been corrected and the #3 Lift Statitt`~~~'oJec# ~~s,ready for council approval. Both the fish ditch mitigation project and k~ie.~'t. Rayriiarid generator plant soil remediation project were currently underway. „~ ~ ~~ . uG ; ` t ~ Comm~~ev~Iopment. The City had submitted an application for a Homeland Security Grant ir~ieatric~unt of $275,000 for Dairy Hill Drainage Improvements which would upgrade cul~erland repair the haphazard drainage for the Mill StreetNista Avenue Area. The City successfully completed the first step in the process and was approved to move forward with this final grant application. Grant funds obtained from the Flood Board through the Borough provided the initial engineering necessary to apply for the grant. The department had begun conducting a citywide zoning code compliance review and would be utilizing new software to track violations. Final pavilion materials had arrived with two more scheduled days of volunteer painting to occur. Vesel announced Karl Schaefermeyer graduated from the Public Safety Academy on June 4, 2009 as Valedictorian of his class. He had attended the academy in Sitka and would be returning to Seward. Vesel also reported the City of Seward would be receiving revenue sharing from the State for: skate park upgrades, records management software, carpet repairs in city hall, an electronic ~~ City of Seward, Alaska City Council Minutes June 08, 2009 Volume 38, Pa e timesheet and requisitioning program, Library/Museum startup and recording and sound system upgrades in the council. In response to questions, Electric Utility Manager John Foutz stated a piece of equipment was found to be burnt, so Channel 3 would be down until it could be replaced. City Attorney's Report. City Attorney Chety~Broplung reported from March 20 through May 20, 2009. The firm had provided advice a e cl ~ tract questions, assisted with resolutions, and rovided le al o mions for b ~ ~ ~ P g p~ ai'~~t ~ gShe explained that by using bank qualified financing for purchasing large ca~ ~}~t s e`~ s the dire equipment and loaders was a good deal for the city. Once approve~~c~~ ''il, theA~elty obtairie€I=tax exempt financing. Brooking assisted on otl`i~r issues such as land acginsitons, harbor, levee, SMIC, impoundment, leases and with eleC~c,gnd pubhc works contracts ari~~gre~ments. She mentioned a U.S. Supreme Court case where a small mine~~ued`f~e large mine for'~>ittng them out of business. The small mine won, the case was appeal~3..z~n a ~~ ~ justice involved with the big mine did not recuse himself and ruled the large mme pr~aih phis was ultimately overturned by the Supreme x~ ~s Court for the judge not reef~rt~.hzrn elf ~~_ ,~~ ~=• of Anchorage drug testing policy, and .... ,.. ,,. Anchorage was sued and lost for conducting random drug ig affected constitutional and privacy rights. She again =;and the Alaska Supreme Court had said so. Brooking is~ible because of the balance test between public safety vidual. Ptr~iee ChiBf Tom Cleili'ons stated apolice officer standing on the corner did the same thing 5.~~ ~„ a~ as a surve~Ilauce c-~mra, With a camera the officer was released to do other duties. This camera ~~_ surveillance wl~b~ed in the U.S. if it was used as evidence for prevention of crimes. He acknowledged tlu~ rssue~ had created dissention in Dillingham when it was first instituted, but the community now lo'i~~,d~t~iem because of their success in stopping crime. Councilmember Valdatta wanted to use the cruise ship head tax money for erosion control. He wanted a clause put in for communities that could use the money for that purpose. Brooking stated it could be used broadly, and the city would have to show the link of erosion control to the cruise ships. NEW BUSINESS Resolution 2009-046, Authorizing The City Manager To Sign The Project Cooperation Agreement (PCA) With The Department Of The Army For The Construction Of The East :7Q City of Seward, Alaska June 08, 2009 Approve Resolution 2009-046 Breakwater Extension And Appropriate $274,000 To The Department Of The Army For The Project. Motion (Kellar/Bardarson} Vesel stated the feasibility study was appro ~~~ approved in 2002. The City of Seward had received gr z project was completed in 2005 but stg~ificant wavy acttdnacIt havoc because of design flaws. Eve~t~~e~e d~oc~ented,~nd was needed. In 2009, this Arm~C ~~~of Pr`r'tg~tr~eer pr~j~c Recovery & Reinvestment Act (, ` itf a 2Q$/i~~riatch wa awarded. Vesel noted this was ~=~e ~ . Baker if not approved Harbormaster Kari A now, this would stall all future section essentially unusable. ] In response to stated big wave~e had admitt~d~ ~~ up with t}tts~~ ~ x~~. if this September 2010. City Council Minutes Volume 3$ Page roject did not go forward float, making that whole "cil~eartbum over paying a 20% match, Brooking ~do~s and acknowledged that the Corps of Engineers tasiz~i--~ lot of work had been accomplished to come m'd noteth#his was the best opportunity the city was Unanimous here. to the communit~~ thanked the admire agenda statements. visitors and thanked the businesses who had been bringing them iaefermeyer on being valedictorian of the Public Safety Academy. the American Legion for all their donations and assistance they offered is events. She noted volunteers were still needed for the pavilion and and city attorney for the addition of the attorney review section on all Smith missed the flower baskets this year and hoped the city could put them back up. Keil visited the new coffee shop Alaska Nellie, and thanked the new owners for their purchase and for investing in their community. She also congratulated Karl Schaefermeyer on his achievement. Valdatta thanked AVTEC for painting their building and advised the public to watch out for people walking along St" Avenue. He also thanked the motorcycle club for coming to Seward. Vesel encouraged the public to volunteer to paint the pavilion. 1989 with design and construction i a PCA was signed. The breakwater ~ing south winds in the harbor caused a further extension of the breakwater was funded through the American ~,equired before the project could be °d:'~trongly recommended approval. 5~ City of Seward, Alaska June 08. 2009 City Council Minutes Volume 38. Pape CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None ADJOURNMENT The meeting was adjourned;;a,# 7;56 ~~~; Jean Lewis ~~~, Bob V City Clerk ~"~? "~ ~ Senior z ~,.. (City Seal) ~~ 2009 June 2009 ]u1y2009 J ^ ^ .~~ u 7 S M T W T 'F S S M T W T F S 1` 2 3 4 5-6 1 2 3 4 '7 8 9 10 1T 12 13 5 6 7 8 9 10 11- 14 16 16 17 18 19' Z0 12 13 14 15 16 17 18 2Y 22'23.24 25 2627 19 20 21'22 23 24 25. 28 29:30 26 27 28.29 30 31 _ _ Monday Tuesda Wednesday Thursday Friday June 1 ~ 4 5:30pri CC WS 7:30pm P&Z Meeting , 12:OOpm PACAB Meeting 7:OOpm CC SP Meeting - i '- i I i _ ~ 5;30pm CC WS Evaluations-Cancel 9 1 6:30pm ~~-Ca" ~d ~ i ~ 11 12:OOp ~ '" r a 1 7:OOpm City Council Meeting a ,,~3 i 15 - - 1 . 17 - F. ~4, ~,~~ 6:30pm a~'k{NkxSes_sion . 1 ~ ~a . 12:OOpm ;~ACR~r 9:OOa>n Social Security ~ .: _ 1 S~5i4fk~^~~~.o ~~~. Rep 6:30pm Historic Preservation Meeting - 4.OD 6.30pm R~~"~ -- :OOpm Library/Museum 7:OOpm City Council ? ~~ Meeting 29' ' - 3 -- - - ----- - - i - Nanci Richey 1 ~ °~ 6/17/2009 4:22 PM ]u#y 2009 Monday Tuesday ~niea..,,,._ ]i 12:OOpm PACAB Meeting -- ~ - 7:30pm P&2 Meeting July 2009 August 2009 S M TW T F S S M TW T F 5 1 2 3 4 5 6 7 8 91011 2 3 4 i. 6 7 8 12 13 14 15 16 1T 18 9 10 11 1213 14 15 19 20 21.22 23 24 25 16 17:38 19 20 2f 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 .Thursday Friday r- 8 9 -- - - 11:30am - - --- ba - -- -- - -- 14 -`-"~~~13 _ - -- :City Council -.-_ - 15 - _ -16-x- ------ Meetin ~~ 12:OOpm 9:OOam Social Security - g ~ ~~ ~ ~ ~~ Rep 6:3Dpm Histonc Preservation Meeting -- 20, 21 -- - - - m . , -- 2 - - 23 6:30pm E~~S"~sitjt~ ~ -- ---- -- 28 ~27 29 City Council Meeting Nanci Richey 2 5 ~ 6/17/2009 4:22 PM ~-ugust ~oo~ August 2009 ,September 2009 L S M T W T F S S M T W `T F S 1 1 2'3 4 5 2 3 4 5 6 7' 8 6 7 8 9':10 11' 12 9 10 11 12 13 14.15 13 14 15 lfi 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 2fi 23 24 2526 27 28229 27 28 29`3D 30 31 ` Monda __ _ _ Tuesda Wednesday "Thursday Frida Au ust 3 4 5i _ 6 _ _. < ._..-~- - i T -7:30pm P&Z Meeting 12i00pm'PACAB Meeting _~ j 10 T.OOpm City Council j - - - ~ . _ _ 11- -- - -- 1~_. ,. 1 i 11:30am' _ _1_ Meeting I -- 1 -- 1 !T ~ 19 20 _ 2 6:30pm ~&kt~~4~! 12:gOpm ~ " t] ~~;.i 6:30pm Historic 9:OOam Social Security Rep Preservation Meeting 2 -- - -- 25 ' 2 _- - 2 2 7:OOpm City Counal ~ Meeting i I i I i -3~ - _ - II _ _ Nanci Richey 3 C~ 6/17/2009 4:22 PM 5..