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HomeMy WebLinkAboutRes2018-0381 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE 2018/2019 HARBOR TARIFFS BE AMENDED BY ADDING A RATE STRUCTURE FOR A 10 TON CRANE LOCATED AT SEWARD MARINE INDUSTRIAL CENTER (SMIC), WORDING CLARIFICATION FOR TRANSIENT/GUEST ELECTRICITY CUSTOMER CHARGE, AND CHANGING THE DUE DATE FOR THE PASSENGER FEES AND REPORTS WHEREAS, the Seward Harbor has been without a public use crane; and WHEREAS, with the current SMIC improvements a 10 ton crane was installed on the North Dock; and WHEREAS, the Port and Commerce Advisory Board (PACAB) and administration have had several meetings regarding the new 10 ton crane user fees, had public involvement, and compared similar services with other harbors. PACAB and administration recommend the following rate structure.; and WHEREAS, clarification in the 2018/2019 tariff with the Electricity Customer Charge for transient/guest needs to add per billing cycle to this section of the tariff; and ,WHEREAS, it is necessary to change the 2018/2019 tariff for due date for the passenger fees and reports and adding a maximum penalty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Suikeeut= delete Bold italics = new Section 1. The City Council approve, by amending of 2018/2019 Harbor Tariff, by adding a Crane use Fee. 270-CRANE USE FEE (a) Description of Charge. The crane training/usage fees is the charge for utilizing the 10-ton crane located at SMIC on the North Dock, 1. Description of Charge. The crane training/usage fees is the charge for utilizing the 10-ton crane located at SMIC on the North Dock. Z Individual User. A separate fee is generated when an operator completes an on-line training program. This fee is paid by the individual, not the City of Seward, and is required prior to the proficiency training by harbor personnel, CITY OF SEWARD, ALASKA RESOLUTION 2018-038 3. Commercial/Permit Holder. A separate fee is generated when an operator completes an on-line training program. This fee is paid by the individuals, not the City of Seward, and is required prior to the proficiency training by harbor personnel. 4. $52.50 fee is required for proficiency training conducted by harbor personnel located at the North Dock. 5.Individual Annual Crane Card ......... $52.00 per year for (3) three years. The fee will be automatically billed to the individuals account on the anniversary date of the Crane Card Agreement. The agreement will be in effect for three years. A new agreement will need to be signed if individual wishes to continue access to crane. 6. CommerciaUPermit Holder Annual Crane Card...... $104.00 a year for two (2) Permit Access Cards or $208 00 a year for four (4) Permit Access Cards. The fee will be automatically billed to the Permit Holders Account on the anniversary date of the Crane Card Agreement. The agreement will be in effect for three years. A new agreement will need to be signed if the Permit Holder wishes to continue access to crane. 7. Crane Card Replacement ................................................. $5.00 per card 8. Crane Usage.................................................................0-15 min $22.66 ..............................................................16-30 min $45.32 .............................................................. 31-45 min $67.98 .............................................................. 46-60 min $90.64 Section 2. The City Council approve, amending Tariff section 225 (a) (2) Electricity - Boat Harbor, as follows Section 225 (a) (2) 2 Electricity - Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity (per kilowatt hour) ------------------------- -------------------- $0.30 Customer charge for tenants (once per billing cycle) ---- I --------------- $22.01 Customer charge for transients or guests (once per location per billing cycle) -------------- $22.01 Section 3. The City Council approve, amending the 2018/2019 Harbor Tariff with changes to when passenger fees are due and to cap the penalties. Section 230 (b) (b) Filing of forms and payment of fees. Prior to January 1" of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, no later than the last day of the month following the month for which the fees are being reported. daw--i.e. if you are filing June Passenger Fees it is due in the Harbor Office no later than close of business on July 31. The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of $25 for each missed filing. Failure to remit all fees collected or later found to be due by CITY OF SEWARD, ALASKA RESOLUTION 2018-038 the due date is subject to a penalty in the amount of 10% of the amount owed, not to exceed $500, plus interest charged at the maximum rate allowed by law per year, compounded monthly. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23'd day of April, 2018. THE CITY OF SEWARD, ALASKA David quires, Mayo AYES: Casagranda, Keil, McClure, Slater, Horn, Towsley, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: AJ. Ballou MC City Clerk (City Seal) .•t•;� OF sE{,y'••. i • ; SEAL = • A4 ~•. F OF A�PS•. #%@gss$ 9 1 Council Agenda Statement Meeting Date: May 14, 2018 Through: Jim Hunt, City Manager From: Norm Regis, Harbormaster Agenda Item: Recommending the City Council amend the 2018/2019 Harbor Tariff to add a rate structure for a 10-ton crane located at the Seward Marine Industrial Center (SMIC), plus wording clarification for transient/guest electricity customer charge plus changing due date for Passenger Fees and Reports. BACKGROUND & JUSTIFICATION: PACAB and Administration have had several meetings regarding the new 10-ton crane user fee. We have had public involvement and compared similar services with other harbors. PACAB and Administration recommmend the following rate structure. This Harbor Tariff change also clarifies the wording for transient/guest electricity customer charge and changes the due date for Passenger Fees and Reports. 270-CRANE USE FEE 1. Description of Charge. The crane training/usage fees is the charge for utilizing the 10- ton crane located at SMIC on the North Dock. 2. Individual User: A separate fee is generated when an operator completes an on-line training program (Hard Hat Training). This fee is paid by the individual, not the City of Seward, and is required prior to the proficiency training by harbor personal. 3. Commercial/Permit Holder: A separate fee is generated when an operator completes an on-line training program (Hard Hat Training). This fee is paid by the individuals, not the City of Seward, and is required prior to the proficiency training by harbor personal. 4. $52.50 fee is required for proficiency training by harbor personal located at the North Dock. 5. Individual Annual Crane Card......... $52.00 per year for (3) three years. The fee will be automatically billed to the individuals account on the anniversary date of the Crane Card Agreement. The agreement will be in effect for three years. A new agreement will need to be signed if individual wishes to continue access to crane. 6. Commercial/Permit Holder Annual Crane Card...... $104.00 a year for two (2) Permit Access Cards or $208.00 a year for four (4) Permit Access Cards. The fee will be automatically billed to the Permit Holders Account on the anniversary date of the Crane Card Agreement. The agreement will be in effect for three years. A new agreement will need to be signed if the Permit Holder wishes to continue access to crane. 7. Crane Card Replacement ................................................. $5.00 per card 8. Crane Usage ......... ...... ...... ...... ......... ...... ...... ...... .......... 0-15 min $22.66 ............................................................. 16-30 min $45.32 ............................................................. 31-45 min $67.98 ............................................................. 46-60 min $90.64 The wording change for transient/guest electricity customer charge item 225 (2) it should clarify that the customer is paying once per location per billing cycle. Bold italics = new Section 225 (a) (2) Electricity - Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity (per kilowatt hour) $0.30 Customer charge for tenants (once per billing cycle) $22.01 Customer charge for transients or guests (once per location per billing cycle) $22.01 The change for when Passenger Fees and Reports are due, Section 230 (b) There has been some confusion with customers paying their passenger fees since they are due by the 30th of the following month for which they are reporting and not the end of the month. Currently, if paying June's Passenger fees, the due date is July 30th and late fees and penalties apply if paid on July 31 st Bold italics = new Str delete (b) Filing of forms and payment of fees. Prior to January I" of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, no later than the last day within Zn ^alma^" days of the month following the month for which the fees are being reported. i.e. If you are filing June Passenger Fees it is due in the Harbor Office, no later than close of business on July 31. The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of $25 for each missed filing. Failure to remit all twEes fees collected or later found to be due by the due date is subject to a penalty in the amount of 10% of the amount owed, not to exceed S500, plus interest charged at the maximum rate allowed by law per year, compounded monthly. INTENT: To amend the 2018 Harbor Tariff to add Crane User Fees at SMIC, clarify electric customer charges in the harbor and change Passenger fee due dates with a cap on the penalties. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (3.5.1.1): Encourage the growth and development 1. of an efficient, functional small boat harbor that meets Seward's X commercial and recreational needs. (page 24) Comprehensive Plan 3.5.1.2 Plan for adequate port infrastructure that will 2. serve the needs of users in the main industrial/Alaska Railroad X area and at the Seward Marine Industrial Center (SMIC). (page24) Strategic Plan (document source here): Adjust local development 3. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) FISCAL NOTE: There will be revenue associated with the addition of a crane fee at SMIC, there will be no revenue loss with the two corrections to the tariff ATTORNEY REVIEW: Yes No X N/A RECOMMENDATION: Council approve Resolution 2018-038 (2) Electricity - Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less). Electricity (per kilowatt hour) $0.30 Customer charge for tenants (once per billing cycle) -------------------- $22.01 Customer charge for transients or guests (once per location per billing cycle) - $22.01 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity (daily rate) 120 volt $10.00 208 volt/sin a base $20.00 208 volt/three phase $40.00 Customer charge (per month) ----------------------------- ------------- None (3) Electricity - Seward Marine Industrial Center (i) Connect fee $28.32 (ii) Electricity (per kilowatt hour} -------------------- -------- $0.38 (iii) Customer charge (per month) $45.14 (4) Towing inside Boat Harbor - $52.50 plus labor (5) Pumping vessel - $31.50 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons 0.53 per gallon plus labor and equipment Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment (b) Labor/Personnel (1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: (i) All services not specifically described in this tariff; (ii) Services of loading, unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S., and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff; (iii) Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which, because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance; (iv) Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other equipment or material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the Harbormaster; (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for a workday between the hours of 8:00 a.m. and 5:00 pm., Monday through Sunday. When over- time or penalty time wages to labor are necessary, rates are adjusted to include such penalties or differential rates. When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on the job and ready for work at that time, the use shall be charged from the time the labor is ready Port and Harbor Tariff Regulations City of Seward, Alaska Effective January 1, 2018 16 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in Subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees. Prior to January 0 of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, no later than the last day of the month following the month for which the fees are being reported dtte-J.e. if you are filing June Passenger Fees it is due in the Harbor Office no later than close of business on July 31. The City may require more or less frequent filing, depending on the account status of the filer. A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of $25 for each missed filing. Failure to remit all uc®s fees collected or later found to be due by the due date is subject to a penalty in the amount of 10% of the amount owed, not to exceed $500, plus interest charged at the maximum rate allowed by law per year, compounded monthly. (c) Failure to file. When an operator fails to file a return, or when the city manager finds that a return filed by an operator is not properly supported, the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230 (b). 231 CAPITAL RENEWAL AND REPLACEMENT FEE Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to all vessels paying moorage and/or dockage in the Seward Boat Harbor. A capital renewal and replacement fee will be assessed to each vessel according to overall length. The fee will apply for each calendar month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Boat Harbor. The fee must be pre -paid with moorage, or will be billed accordingly, as follows: $5.00 fee per month or fraction thereof: Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof, Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall continence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing) to vessels outside of the Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY-ONE DOLLARS AND TWENTY-FIVE CENTS ($131.25) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. Port and Harbor TariRegulations City of Seward, Alaska Effective January 1, 2018 18 (1) Pressure washing shall only be performed on the wash down pad. The work will be performed by private personnel — eitber vessel owners and crew or licensed and insured vendors. (2) if for whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is $2.50 per foot per hour. There is a one hour minimum. Additional time over the first hour will be billed in 15 minute increments. 270-CRANE USE FEE (a) Description of Charge. The crane training/usage fees is the charge for utilizing the 10 ton crane located at SMIC on the North Dock, (1) Individual User: A separate fee is generated when an operator completes an on-line training program, (Hard Hat Training) this fee is paid by the individual not the City of Seward, prior to the proficiency training by harbor personal. (2) Commercial/Permit Holder: A separate fee is generated when an operator completes an on-line training program, (Hard Hat Training) this fee is paid by the individuals not the City of Seward, prior to the proficiency training by barbor personal. (3) $52.50 fee is required for proficiency training by harbor personal located at the North Dock. (4) Individual Annual Crane Card ......... $52.00 per year for (3) three years the fee will be automatically billed to the individuals account from effective date of the Crane Card agreement. When the term expires a new agreement will need to be signed. (5) Commercial/Permit Holder Annual Crane Card...... $104.00 a year for two (2) Permit Access Cards or $208.00 a year for four (4) Permit Access Cards the fee will be billed automatically to the Permit Holders Account ending three years from effective date of Crane Card agreement. When the term expires a new agreement will need to be signed. (6) Crane Card Replacement _._. $5.00 per card (7) Crane Usage............................................................................................. 0-15 min $22.66 .................................................................................................. 16-30 min $45.32 .......................................................................................................... 31-45 min $67.98 .......................................................................................................... 46-60 min $90.64 2750 SHWLIFT FEE (a) Description of Charge. The shiplift fee is the charge for lifting a vessel from the water and returning it to the water utilizing the shiplift. (b) Lift Fee. The shiplift fee shall be based upon vessel length. A full shiplift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the shiplift system is the responsibility of the permit holder and the vessel owner. (c) Basis for Computing Charges. The shiplift fee will be determined by the overall length of the vessel. Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward Port and Harbor Tariff Regulations City of Seward, Alaska Effective January 1, 2018 22