HomeMy WebLinkAbout03222010 City Council Packet a
Sew ard 'l Counc l
A Pa c e t
�oF SFW
l V V
Y ,
ILAS
* , �
9 '4,, ,Aof s
it\ 414
m ....
Happy Seward's Day!
March 22, 2010
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA 4` 5111
ai
5`1
III ' I'll, {Please silence all cellular phones and pagers during the meeting} 1
March 22, 2010 7:00 p.m. Council Chambers
1. CALL TO ORDER
Willard E. Dunham 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING.
Jean Bardarson [Those who have signed in will be given the first opportunity to
Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total
Term 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
Term Expires 2011 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 2011 A. Proclamations and Awards
1. Certificate of Appreciation Awarded to Homer Electric
Vanta Shafer Association for their assistance during our power outage Pg. 4
{ Council Member 2. Earthquake and Tsunami Awareness Week March 22 -26 Pg.5
Term Expires 2011 3. Seward's Day Proclamation Pg. 6
4. Support proclamation for Governor Parnell's "Choose Respect"
Marianna Keil campaign to end the epidemic of domestic violence and sexual
Council Member assault and proclaiming April as Sexual Assault Awareness
Term Expires 2010 Month Pg. 7
5. Allison Barnwell Student of the Year Recognition Pg.. 9
Linda Amberg
Council Member B. Borough Assembly Report
Term Expires 2010 C. City Manager Report
D. City Attorney Report
E. Mayor Report
Phillip Oates F. Chamber of Commerce Report
City Manager G. Other Reports, Announcements and Presentation
Jean Lewis 1. Jesse Lee Home Stabilization Report Given by John Conway,
City Clerk Project Management Engineer for the Friends of Jesse Lee Home.
Cheryl Brooking 2. Kenai Mountains- Turnagain Arm Community Corridor
City Attorney Association (KMTA CCA) Presentation.
3. Powerpoint on sidewalk improvements by staff.
City of Seward, Alaska Council Agenda
March 22, 2010
7. PUBLIC HEARINGS
A. Resolutions Requiring a Public Hearing
1. Resolution 2010 -025, Authorizing Eminent Domain Proceedings To Acquire Property
Rights Necessary For Construction Of The North Forest Acres Levee/Road Project
Across Tract B, Dieckgraeff - Gillespie Replat Pg. 10
8. UNFINISHED BUSINESS - None
9. NEW BUSINESS
A. Resolutions
1. Resolution 2010 -024, Authorizing The City Manager To Submit A Grant Application
To The State Of Alaska Department Of Commerce, Community And Economic
Development Public Library Construction And Major Expansion Matching Grant Program
Requesting Not More Than $5,000,000 For The Library Museum Project. , Pg. 24
*2. Resolution 2010 -026, Approving The Amendment To The Cooperative Participation
Agreement And Bylaws Of The Alaska Municipal League Joint Insurance Association, Inc.
Effective July 1, 2010 Pg. 46
3. Resolution 2010 -027, Authorizing The City Manager To Make An Addition To The Fort
Raymond Generator Project Not To Exceed The Amount Of $265,000 To Connect And
Commission Generator N2 Pg. 92
4. Resolution 2010 -028, Adopting A Surveillance Camera Policy Pg. 95
B. Other New Business Items
*1. Approval of the March 8, 2010 regular city council meeting minutes. Pg. 100
2. Set a work session in April for a discussion on city land policies.
10. INFORMATIONAL ITEMS AND REPORTS (No action required)
A. Mayor and City Manager letter to House Finance Committee Co- Chairs Stoltze and
Hawker on ALMRS funding Pg. 106
B. Mayor and City Manager letter to Rep. Bill Stoltze supporting HB 357.. Pg. 107
C. Mayor and City Manager letter to Senate Labor and Commerce Committee, opposing SB
129. Pg. 108
D. Mayor and City Manager letter to House Community and Regional Affairs Committee,
opposing HB 202 .Pg. 109
E. Mayor letter to Attorney General Sullivan re: assistance with coal facility lawsuit.
11. COUNCIL COMMENTS Pg. 110
12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak]
City of Seward, Alaska
March 22, 2010 Council Agenda
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
14. EXECUTIVE SESSIONS
A. Go Into Executive Session To Conduct The City Attorney Evaluation.
15. ADJOURNMENT
City of Seward, Alaska Council Agenda
March 22, 2010
� M
City o eward k 9 its � "_ �� •
Certificate of Appreciation
`' "�= = °'
Awarded To:
tAS� y ¢
q. �y $,µr.. V
4
omen Electric Association
The City of Seward would like to extend its sincere thanks to Homer Electric Association for their
assistance to the Seward Electric Department in restoring power to the citizens of Seward and
surrounding area.
On February 18, 2010, a large tree fell on a pole and power lines, disconnecting power to Seward and its
surrounding communities. On February 19, while assessing and repairing the problem, the Seward Electric
Department received a call from Homer Electric Association General Manager Brad Janorschke who
offered assistance in the form of equipment and linemen to help complete the repairs. The HEA linemen
were hardworking, professional and very knowledgeable of high line work.
The City of Seward and the Seward City Council greatly appreciates the assistance given by Homer
Electric Association and their willingness to help other communities and hereby presents this certificate of
appreciation to them on this 22n day of March, 2010.
Willard E. Dunham, Mayor
PROCLAMATION
WHEREAS, at 5:36pm on March 27, 1964, there began a devastating earthquake of
magnitude 9.2 and caused a series of destructive tsunamis that claimed the lives of 106 people;
and; and
WHEREAS, this earthquake and its tsunamis caused catastrophic damage to the City of
Seward and other communities in Alaska; and
WHEREAS, this historic event will always be remembered by the citizens of Seward as
a time of great tragedy but also perseverance; and
WHEREAS, in commemoration of the 1964 earthquake, the Seward Community Library
Association in collaboration with Rasmuson Foundation and the Alaska Humanities Foundation,
has funded a new documentary of this event titled, "Waves Over Seward, The Good Friday
Earthquake;" and
WHEREAS, plans have been made to debut the documentary on March 27, 2010, the
46 anniversary of the event, at 1:00, 2:00 and 3:00 p.m. at the Library; and
WHEREAS, the City of Seward through a collaborative program involving federal, state
and local officials is recognized today as "Tsunami Ready," and wants to promote tsunami .
hazard preparedness and community awareness; and
WHEREAS, the State of Alaska Division of Homeland Security and Emergency
Management, in cooperation with the West Coast / Alaska Tsunami Warning Center, the
National Weather Service and the Alaska Broadcasters Association will conduct a test of the
State's Tsunami Warning System on March 24, 2010. This test is done in conjunction with the
anniversary of the 1964 Alaska earthquake and Governor Parnell's declaration of the week
March 22 -26 as Tsunami Awareness Week.
NOW THEREFORE I, Willard E. Dunham, Mayor of the City of Seward, Alaska, do
hereby declare March 22 -26, 2010 as
Earthquake and Tsunami Awareness Week
in Seward and invite the citizens of Seward to attend the Good Friday Earthquake documentary
debut event at the library and continue to practice tsunami awareness in our community.
Dated this 22 1th day of March, 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
PROCLAMATION
WHEREAS, on March 30, 1867, then Secretary of State William H. Seward
signed the Alaska Purchase Treaty; and
WHEREAS, this treaty negotiated the purchase of Alaska from Russia; and
WHEREAS, it was proclaimed by the State of Alaska that this day be
celebrated on the last Monday of March each year; and
WHEREAS, this day is of special importance to the City of Seward as this
city was named in honor of William H. Seward; and
WHEREAS, the documentary "Seward The First Hundred Years° will be
shown continuously between 10:00' a.m. and 7:00 p.m. at the library on the
anniversary of the signing, March 30t 2010; and
(,_
NOW THEREFORE, I Willard E. Dunham, Mayor of the City of Seward,
Alaska, do hereby invite the citizens of Seward to attend the showing of "Seward-
The First Hundred Years °at the library in commemoration of
Sewar d Day, Monda Mardi 2
9 war 9 2010
Dat this22n day of March, 20 e
THE CITY OF SEWARD,. ALA S
Willard E. Dunham, Mayor
•
f
PROCLAMATION
WHEREAS, domestic violence and sexual assault marks the lives of Alaskans by fear,
shame and despair, and
WHEREAS, our state is experiencing epidemic levels of this evil and it is up to each one
of us to stop it; and
WHEREAS, Governor Sean Parnell and his administration are taking a comprehensive
approach to stop the epidemic, and
WHEREAS, several pieces of legislation have been submitted which address the
domestic violence and sexual assault epidemic in three key ways -- strengthening law
enforcement and enforcing tougher prosecution, protecting survivors and helping them heal, and
focusing on prevention and education; and
WHEREAS, we must change our practice of preserving silence and we must promote a
culture of respect that will not tolerate this conduct; and
WHEREAS, the first step to prevention is raising awareness; and
WHEREAS, Seaview Community Services Domestic Violence program in Seward has
provided immediate safety and support to victims of violence and sexual assault since 1988.
Seaview is committed to strong advocacy and providing quality services to those who need them;
and
WHEREAS, Governor Parnell will lead a march from the steps of the capitol to raise
awareness and call for a cultural shift, a shift towards honor and respect for all Alaskans. The
Governor is challenging all Alaskans to step up and march forward into a new day, when
Alaskans live with hope and opportunity, rather than fear and despair.
NOW, THEREFORE, I, Willard E. Dunham Mayor of Seward Alaska, do hereby
proclaim April 2010 as Sexual Assault Awareness Month and encourage all to
acknowledge and participate in the statewide Launch of Alaskans Choose Respect on
March 31, 2010. Please support all Alaskans to stand up and speak out against domestic
violence and sexual assault.
Dated this 22" day of March, 2010.
wW_. ill ard E. Dunham,
Mayor
IS • ,..�
�, oe' rr
Hwy\ ; - \s
' e:; = ��
STATE CAPITOL / 550 West 7th Avenue # 1 700
PO Box 110001 ,- 9 Anchorage, Alaska 99501
Juneau, Alaska 9981 I -0001 op 907-269-7450
907 -465 -3500 ` —^ fax 907- 269 -7463
fax: 907- 465 -3532 www.Gov.Alaska.Gov
Governor Sean Parnell Governor @Alaska.Gov
STATE OF ALASKA
March 8, 2010
The Honorable Willard Dunham
Mayor
City of Seward
P.O. Box 167
Seward, AK 99664
Dear Mayor Dunham,
As you know, Alaska struggles under an epidemic of domestic violence and sexual assault. It
exists in many of our homes and communities, and threatens the future of too many of our
children, families, cultures, and state. As Alaska's leaders, we have both the opportunity and
the responsibility to fight this scourge in our state, and lead Alaska to a brighter, safer future.
On March 31'`, we will launch "Alaskans Choose Respect," a statewide series of events
designed to raise awareness of the epidemic of domestic violence and sexual assault in
Alaska. It is my hope that you will join us — my administration, Alaska's non - profits,
stakeholders, members of the Legislature, and all Alaskans — as we raise awareness and
challenge Alaskans to "Choose Respect."
I will kick off the statewide event in Juneau by leading a march from the steps of the Capitol
at noon, and we are urging communities all across Alaska to host events supporting the
effort. I am encouraging Alaska's mayors to participate in their community's event, and to
support this effort to raise awareness and eradicate this evil in Alaska in any way they can.
Working together, Alaskans can make a difference and create a culture of respect in our
state. More information can be found on the "Choose Respect" website at
<http: / /gov.alaska.gov /parnell /priorities /choose- respect.html >. If you have any questions,
please call my office at 465 -3500.
,y,
Sean Parnell
Governor
8
• 1
CITY OF SEWARD
CERTIFICATE OF CONGRATULATIONS
PRESENTED TO
Allison Barnwell
For being named National Education Association of Alaska's Outstanding
Student of the Year by the Kenai Peninsula Education Association. Allison
has displayed exemplary leadership, great dedication toward her academic
career, and commendable community involvement. The Seward City
Council is honored to present this certificate of congratulations to Alaska's
Outstanding Student of the Year, Seward High School Senior Allison
Barnwell.
22nd r (:0441‘..0 sFyy
Presented on this 22 day of March, 2010 j � 'A
Willard E. Dunham, Mayor q A KP
$ 1 1
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO
ACQUIRE PROPERTY RIGHTS NECESSARY FOR CONSTRUCTION OF
THE NORTH FOREST ACRES LEVEE/ROAD PROJECT ACROSS TRACT
B, DIECKGRAEFF- GILLESPIE REPLAT
WHEREAS the administration has engaged in negotiations regarding the acquisition of
property rights for the North Forest Acres Levee/Road (the "Project"); and
WHEREAS, successful negotiations have been completed with owners of 20 of the 21
parcels needed to construct the Project; and
WHEREAS, the City has made every reasonable effort to acquire Tract B, Dieckgraeff-
Gillespie Replat by negotiated agreement in accordance with applicable law; and
WHEREAS, the City offered to obtain a driveway permit from the Alaska Department of
Transportation and Public Facilities and to relocate the existing unpermitted driveway, despite
acknowledging that the Project will not touch the existing driveway (estimated value, approximately
$8,500.00); and
WHEREAS, further delay as a result of continued non - productive negotiations
would have a detrimental effect upon the cost and scheduling of the Project; and
WHEREAS, the Decisional Document presented at this meeting fairly summarizes the
attempts to reach a negotiated settlement and the situation now faced by the City, supporting use of
the City's power of eminent domain in this instance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The decisional document in the form presented at this meeting has been reviewed
and accepted by the City Council and is approved for use in filing a declaration of taking for the
property described at Tract B, Dieckgraeff - Gillespie Replat.
Section 2. It is hereby determined that a public use easement is to be acquired across Tract
B, Dieckgraeff - Gillespie Replat as further described in the attached decisional document. This
acquisition is hereby determined to provide the greatest public good for the least private injury.
Section 3. The City Manager and City Attorney are authorized to institute eminent domain
proceedings including the use of a declaration of taking against Tract B, Dieckgraeff - Gillespie Replat
to proceed with the construction of the North Forest Acres Levee/Road Project.
10
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -025
Section 4. The City is willing to pay to the owners (Ray Gillespie, Tom Gillespie, and
Catherine Weiford) fair market value for the public use easement and in addition, an amount equal to
fair market fee value for damages for the area north of the easement area. Fair market easement
value and fair market fee value for the north remnant after the exercise of eminent domain is $46,
300, based on the appraisal report dated April 6, 2009 by MacSwain Associates, LLC, or as
determined by a second appraisal to be obtained by the City, whichever is higher.
Section 5. The amount of $51,000, constituting the appraised fair market value plus
approximately 10 %, is hereby appropriated from fund balance account no. 666 - 6664 -3050 to account
no. 666 - 6664 -5790 for the purposes stated above.
Section 6. This resolution shall take affect 30 days from adoption and posting.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22n day of
March, 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
11
COUNCIL AGENDA STATEMENT
e of St-
Meeting Date: March 22, 2010
From: Phillip Oates, City Manager
Agenda Item: Resolution 2010 -025, authorization to proceed with
eminent domain for Tract B, Dieckgraeff- Gillespie Replat.
BACKGROUND & JUSTIFICATION:
For more than ten years, the City of Seward has been working with state and
federal agencies to finalize permitting for construction of the North Forest Acres
levee /road project. This project resulted from a flood mitigation task force developed at
the request of FEMA, following major flood events in Seward during the past twenty
years. The task force was comprised of many local, state, and federal agencies which all
shared the goal of reducing future flooding impacts to public and private property. The
agencies included FEMA, State of Alaska DOT, the City of Seward, Kenai Peninsula
Borough, the State floodplain manager, the Alaska Railroad, and other agencies charged
with providing for public safety and health. This task force identified a number of major
infrastructure projects which would mitigate future flooding, protecting life and property.
These projects included elevation of the Seward Highway, reconstruction of the railroad
trestles to eliminate build -up of debris, and construction of a levee, to name a few.
In efforts to obtain permits to construct the North Forest Acres levee /road, the
City fought to construct the levee as far to the north as possible, in order to minimize the
impact on property owners and provide as much protection of property as possible. The
agencies preferred the levee to be further south, in order to minimize the impact on
wetlands and fish habitat. This conflict resulted in a decade -long effort to determine the
exact alignment of the levee /road that would gain acceptance from all agencies involved
in the project. Given the protracted debate over alignment, it is clear that this final piece
of property is key to proceeding with the project.
This final piece of property is key to the project for a number of reasons. First,
agencies debated for more than a decade before finally agreeing to the alignment which
includes this parcel. Second, its location adjacent to the Seward Highway makes it
subject to State of Alaska Department of Transportation and Public Facilities regulations,
which maintains minimum distance requirements for siting a road south of the existing
bridges. And third, its location to the extreme east of the project makes it critical due to
the need to channel water as far to the north as possible, in order to prevent the same
flood challenges experienced in the past (over - topping the highway, damage to the
railroad, airport, etc.).
After obtaining final permits for the project in 2009, the City began negotiating
with property owners to purchase the property needed for the project. To date, the City
12
CITY OF SEWARD
RESOLUTION 2010 -025
Council has approved all necessary property purchases for this property, with the
exception of this final piece of property. City representatives have been in discussions
with the current property owners for more than six months, with the aim of reaching a
negotiated settlement to purchase the property. After numerous offers to the owners
based on a peer- reviewed fair market value appraisal, it is clear that a negotiated
settlement is not possible. This forms the basis for recommending to the City Council,
that the City exercise eminent domain authority in order to obtain a critical piece of
property necessary for this major public project. Further delay of this project will not
only impact the cost and scheduling of the project, but could result in the City losing the
remaining federal funding to construct the project, due to the length of time it has already
taken to finalize the project.
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.
INTENT:
This resolution requests that Council grant the City Manager and City Attorney authority
to pursue taking Tract B, Dieckgraeff - Gillespie Replat, using the City's power of eminent
domain and paying the owners fair market value.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
The City will obtain another third -party appraisal in order to obtain updated appraisal
information and will then proceed with eminent domain authority. Costs for the appraisal
and the purchase of property at fair market value will be borne by the project.
v
Approved by Finance Department dticitzeJ
RECOMMENDATION:
Approve Resolution 2010 -025 authorizing the City Manager and City Attorney to pursue
use of eminent domain authority to acquire Tract B, Dieckgraeff - Gillespie Replat.
1
Decisional Document
North Forest Acres Levee /Road
Part 2. Decision Making Process
Prepared for:
c h‘..
c
City of Seward
P.O. Box 167
Seward, AK 99664
Prepared by:
HDR Alaska
2525 C Street, Suite 305
Anchorage, AK 99503 -2832
March 2010
14
Table of Contents
Decisional Document Part 2. Property Owner Negotiations Summary
Gillespie /Weiford Property 1
Definition of Terms:
FEE Total acquisition of property
PUE Public Use Easement, City of Seward pays 100% of fair market value per foot
for the easement. City has perpetual right to use or develop the PUE area for
public streets, highway, levee, walkway, trails, utilities. Owner retains
underlying fee ownership of easement area.
Appendix A. Parcel Map of Proposed Public Use Easement
15
Tract B, Dieckgraeff - Gillespie Replat: Gillespie and Weiford
Tract B, Dieckgraeff - Gillespie Replat is a 2.35 acre, undeveloped property located along
the west side of the Seward Highway south of the Resurrection River and is owned by
Raymond A. Gillespie, Tom Gillespie, and Catherine A. Weiford. The owners also own
the adjacent 4.6 acre unsubdivided parcel south of Tract B. The City of Seward (City) is
requesting eminent domain authority to acquire a 13,927 square foot public use
easement (PUE) on Tract B. The PUE is required for construction of the Forest Acres
Levee and Access Road Project.
On September 9, 2009 the City offered to purchase an 11,927 square foot (sf) PUE on
this property. Alternatively, because the owners stated they did not wish to retain
ownership of the remnant area north of the project area, the City offered to purchase the
entire Tract B in fee. The City's offer was based on independent fee appraisals and
independent fee appraisal reviews procured by the City of Seward. The City also offered
to process a Department of Transportation (DOT) driveway access permit.
On September 29, 2009 the owners' attorney questioned the need for the 2000 sf
"dogleg" portion of the PUE south of the project corridor (parallel to the Seward Highway),
pointing out that the City had not requested a corresponding "dogleg" portion of the PUE
north of the project corridor. On October 1, 2009 the City responded explaining that
because the owners stated they did not wish to retain ownership of the area north of the
road /levee the City offered to purchase all of Tract B. The City further explained that if
the owners retained ownership of the area north of the levee /road a "dogleg" easement
would also be required north of the levee /road to support the new levee /road in that area.
On December 15, 2009 the property owners presented a counter -offer substantially
higher than the City's offer. The City did not accept the counter -offer and on December
28, 2009 offered to purchase the PUE project corridor area and the remnant property
north of the PUE area as easement area or in fee. The City of Seward's revised offer
was not accepted by the owners.
On January 28, 2010 the City made a settlement offer for an increased purchase price for
easement or fee property rights and offered to decrease the size of the PUE or to acquire
a portion of the PUE as a slope easement. This offer was rejected by the owners
February 17, 2010.
The City made a substantially increased final settlement offer February 22, 2010. This
offer was rejected by the owners February 28, 2010 who presented a higher counter -offer
that was rejected by the City.
c;+ 1
. Dr
MOW
The City of Seward has made a diligent, conscientious effort to acquire the required
property rights through good faith negotiations. The City remains amenable to reaching a
mutually satisfactory settlement with the owners in lieu of litigation. Because no
agreement has been reached on acquiring the remnant area north of the corridor area in
easement or fee, it is necessary to acquire an additional 2,000 sf of PUE area north of
the project corridor. The City is willing to pay the owners full fee value for the PUE area
required, and in addition, full fee value for the north remnant area while allowing the
owners to retain ownership of that area. The City is also continuing processing the DOT
driveway permit and plans to relocate the existing driveway when the City has the right to
begin construction on the property.
In summary, failure to acquire this requested property would prohibit the necessary
construction of the project. On the balance, this design, including the PUE acquisition of
11,997 sf and an additional 2,000 sf north of the project corridor as shown on the
attached parcel map, is judged to best serve the greatest public good with the least
private harm. The owners have stated they are willing to sell the required property rights
for a fair price. The City and the owners have reached a negotiations impasse as of the
writing of this document and this property is necessary for this project. This acquisition
can be resolved in a fair and equitable manner through eminent domain proceedings.
2
E 1/16 S27 / /
Line Data S34 TR A
LINE BEMIRING DISTANCE 0 -. /
L 1 N6129 57'W 20.00' o�i rn
L2 N28'51'121 100.00' 1 0 34 /
2 4 O
L4 N29'06'04E 100.01' s 70•0 0 52r'W / / / SCI
L5 S61'29'571' 2 20.00'
L6 S29'06 04'W 112.96' I / / 9 /
P G E
� � • �P � ' , + �1 � 0 6 UTILITY R.O.W.
0 ' boo / / ) /
th • •» �1 co North Remainder A, r • ;�'..% �_ 1.320 Ac. a
.r.. ����/ LOTS k
T B P =
I, 0 : . Wm. N ichol a s Cline ? i �\ /
♦ tit: LS -7569 i v`'
if
� °3 /lz //r • u, �„ , ,,, <s , < // ..----
•♦ 4 /1 ,M FESSIONA - 4 4 Ss,• 0'.
<Z1' ; / /
1 1 1 \1\11 4 �`' �.9. \ / . . .• . / / /
z / / 0 sCi
ci R :4 1 :'° (40„ ... ... - . : .: O
TR 5 ,0 '; :<`q $ d. .
FOREST ACRES ?te / /
SUBDIVISION .�<� C / /
o tig' , ,'4 J /
01 .?' .,ti /
LOT 4 /
x .0 4 ��,� , : � '' /
56 3`� 1 p� , :: cti /
�p 0 LEGEND
0
�� J �P 7 /
`S'S P Al . 0 Found Rebor & Pl. Cop LS 7328
?,q , South Remainder 1, 0 6 ' ? "
� S 0.709 Acres ;� C5\ / '� o
' 9 Found Monument 610 —S, 1964
.h
� X PARCEL MAP
, 5r06'- ry0 / PUBLIC USE EASEMENT
Un sub divided TRACT B
.. / DIECKG G /LLESP /E REPLAT
CITY OF SEWARD
/ A r NORTH FOREST ACRES LEVEE PROJECT
O, •• ° OO PARCEL NUMBER RES 017
NOTES L6,4 ' within Section 34, T1N, R1 W, S.M., Ak.
1. Boundary Location for Tract B is per Plot CLINE & ASSOCIATES
Number 94 -12, Seward Recording District P.O. BOX 2703
2. Basis of Bearing is per Record of Survey SEWARD, ALASKA 99664
Number 2008 -22, Seward Recording District. 907 - 224 -7324
3. Driveway locations provided by Nelson FIELD BOOK :: 08 -6 DATE ::03 /12/10
and Associates. DWG:08 -34PAR 17PUE2 SCALE: 1'=-100'
APPENDIX A
I V
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD ALASKA, AUTHORIZING THE CITY MANAGER
TO SUBMIT A GRANT APPLICATION TO THE STATE OF
ALASKA DEPARTMENT OF COMMERCE, COMMUNITY
AND ECONOMIC DEVELOPMENT PUBLIC LIBRARY
CONSTRUCTION AND MAJOR EXPANSION MATCHING
GRANT PROGRAM REQUESTING NOT MORE THAN
$5,000,000 FOR THE LIBRARY MUSEUM PROJECT
WHEREAS, the City of Seward has been working on a plan to build a library museum since
2003; and
WHEREAS, the citizens of Seward favored the issuance of $5 million in general obligation
bonds to construct and library/museum, contingent on the remainder of project costs being funded
through grants and other revenues, but rejected an advisory vote asking for approval to increase the
sales tax by one -half percent in order to pay for the bonds; and
WHEREAS, the City Administration and the SCLMBC are utilizing $200,000 of the
donated funds to bring the project to 35% design; and
WHEREAS, the library museum project is listed in the 2010 City of Seward State Priorities
for capital projects;
WHEREAS, the total project costs of the library museum are estimated at $10,000,000; and
WHEREAS, AS 14.56.355 established a public library construction and major expansion
matching program administered by the State of Alaska Department of Commerce, Community and
Economic Development; and
WHEREAS, the SCLMBC, City of Seward and other local governments are currently
working with the legislature to get the program funded during the 2010 legislative session; and
WHEREAS, subject to appropriation, the grant shall award not more than 50 percent of the
total proposed grant project costs to eligible applicants; and
WHEREAS, Department of Commerce, Community and Economic Development released
the grant application and guidelines in early February with a deadline for submitting this application
is March 31, 2010; and
WHEREAS, grant request is for an amount not to exceed $5,000,000; and
u 9
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -024
WHEREAS, required match may be in the form of unrestricted locally generated
revenue, land or services as stated in the grant application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Council directs the City Manager to submit a completed application for
Public Library Construction and Major Expansion Matching Grant program through the State of
Alaska Department of Community, Commerce and Economic Development.
Section 2. The grant application will be submitted no later than March 31, 2010 and will be
requested in an amount not to exceed $5,000,000.
Section 3. Any issuance of bonds or appropriation of the City match for this grant will
require future Council approval.
Section 4. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of
March 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
2. 0
COUNCIL AGENDA STATEMENT
Meeting Date: March 22, 2010
r yaF 1,
9 A
Through: Phillip Oates, City Managerz*
ikA51.P
From: Patricia Linville, Library Director
Agenda Item: A Resolution to Authorize the City Manager to submit a grant
application for the State of Alaska Department of Commerce,
Community and Economic Development Public Library
Construction and Major Expansion Matching Grant Program
Requesting not more than $5,000,000 for the Library Museum
Project
BACKGROUND & JUSTIFICATION:
Since 2003, the City of Seward has been working on a plan to build a library museum. The
Seward Community Library Museum Building Committee (SCLMBC) was established and land
was purchased for the project in 2006. The SCLMBC has raised over $1,000,000 in cash and in-
kind donations. The community voted favorably for a $5m General Obligation bond in October
2009 but rejected an advisory vote asking for approval to increase the sales tax by one -half
percent in order to pay for the bonds. Currently, the City Administration and the SCLMBC are
utilizing $200,000 of the donated funds to bring the project to 35% design. The library museum
project is listed in the 2010 City of Seward State Priorities for capital projects.
Senate Bill 119 (Chapter 55 SLA 08) was signed into law on June 4, 2008. Section 2 of the bill
(AS 14.56.355) established a public library construction and major expansion matching program.
Many local governments worked to get the legislation passed and are currently working with the
legislature to get the program funded during the 2010 legislative session. The City of Seward
and the SCLMBC has been instrumental in this effort. Subject to appropriation, the department
shall award not more than 50 percent of the total proposed grant project costs to an eligible
applicant as authorized by AS 14.56.355 - 14.56.356. The library project costs are estimated at
$10,000,000. This grant request is for not more than $5,000,000.
In anticipation of the receiving funding for the Public Library Construction and Major
Expansion Matching Grant Program, the Department of Commerce, Community and Economic
Development released the grant application and guidelines in early February. The deadline for
submitting this application is March 31, 2010. The SCLMBC grant writer and the City of
Seward library director have been directed to complete the application.
This grant request is for not more than $5,000,000. The required match may be in the form of
unrestricted locally generated revenue, land or services as stated in the grant application.
The successful passage of the $5,000,000 library museum general obligation bond in October
will be cited as the City of Seward's match.
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.
INTENT:
This resolution requests that Council grant the City Manager authority to submit the Public
Library Construction and Major Expansion Grant application to the Alaska Department of
Community, Commerce and Economic Development.
ATTORNEY REVIEW: No
FISCAL NOTE:
This grant is a matching grant. Total project costs are estimated at $10 million. This grant
application requests $5 million, with the remaining funds to be matched through a combination
of fund raising and /or general obligation bonds. City voters voted in favor of issuing general
obligation bonds for construction of a new library /museum, but rejected the proposed means to
repay those bonds, an increase in the sales tax of 0.5 %. Given the magnitude of funds needed to
cover annual debt service and increased operating costs, if an increase in sales tax is not favored
to support this project, another major revenue source will need to be identified in order to satisfy
requirements needed to obtain bond financing.
Approved by Finance Department %r a/16A,
RECOMMENDATION:
Approve Resolution 2010- 0Mauthorizing the City Manager to submit the Public Library
Construction and Major Expansion Grant application to the Alaska Department of Community,
Commerce and Economic Development.
P
i.. 4.
LIBRARY CONSTRUCTION
AND
MAJOR EXPANSION
MATCHING GRANT PROGRAM
PROGRAM
AND
APPLICATION
GUIDELINES
Application Deadline: March 31, 2010
State of Alaska
Department of Commerce, Community, and
Economic Development
Division of Community and Regional Affairs
February 2010
21 3
Table of Contents
I. General Information
Overview 3
Issuing Agency and Contact Person 3
Additional Information and Assistance Available 3
Use of Grants 3
Eligible Applicants 4
Maximum Amount of Grant 4
Priority for Grant Approval 4
Local Match 5
Cost Reimbursable Grants 5
Site Control 5
Resolutions 6
II. The Application Process
Submittal Information 6
Step 1: Compliance with Minimum Space Requirements 7
Step 2: Project Description /Statement of Need /Cooperative Agreements 8
Step 3: Project Impact 8
Step 4: Project Budget 8
Step 5: Grant Administration and Project Management Capabilities 9
III. Grant Selection and Award
Grant Selection 10
Project Description Need 10
Project Impact 11
Project Budget 11
Grant Administration and Project Management Capabilities 12
Project Rating Summary 12
FY11 Library Construction and Major Expansion Matching Grant _
2 4
I. GENERAL INFORMATION
Overview
The State of Alaska Department of Commerce, Community, and Economic
Development provides funds through the Library Construction and Major
Expansion Matching Grant Program for library construction and major
expansion. Subject to appropriation, the department shall award not more than
50 percent of the total proposed grant project costs to an eligible applicant as
authorized by AS 14.56.355- 14.56.356.
Rules for the administration of the program are outlined in AAC 198.10 - .990.
Projects funded under this program are also subject to compliance with 42
U.S.C. 12101 - 12213 (Americans with Disabilities Act.
Subject to application review and appropriation, awards are expected to be
announced by July 1, 2010.
Issuing Agency and Contact Person
This Application Packet is issued by:
State of Alaska
Department of Commerce, Community, and Economic Development
{ Division of Community and Regional Affairs — Grants Section
Attention: Jill Davis, Grant Manager
211 Cushman Street
Fairbanks, Alaska 99701 -4639 (Mailing & Delivery Address)
Phone Number: (907) 451 -2717
Fax Number: (907) 451 -2742
E -mail: iill.davis@alaska.gov
Additional Information and Assistance Available
Applicants should carefully review this Application Packet. Applicants should
put comments and /or questions in writing and mail them to the above address or
phone Janet Davis at 451 -2746 for clarifications.
Uses of Grants
An eligible applicant may use grant funds for the following purposes:
• To construct a new public library; or
• Make a major expansion to an existing public library.
FY11 Library Construction and Major Expansion Matching Grant
A "major expansion" means an expansion of an existing library to
increase the square footage of the structure by not less than 30
percent.
Grant funds may not be used for the following purposes:
• Costs of ordinary maintenance and operating expenses of a library;
• Equipment or furnishings not part of the construction or major
expansion of a public library.
• Construction or expansion of public or private school libraries.
Eligible Applicants
The following entities are eligible to submit a proposal under this
solicitation:
(1) A municipality
(2) A Native Village Council
(3) A community in the unorganized borough
(a) To be eligible to receive a grant under this program, a
community in the unorganized borough must have an
incorporated non - profit entity in good standing that will agree to
receive and spend the grant money for the applicable purpose
specified in the grant application.
Maximum Amount of Grant
Subject to appropriation, the department may make grants under this program
in an amount not to exceed 50 percent of the total proposed grant project
costs, per AS 14.56.355 (c). For projects in which a public library is
combined with a municipal or other community facility, only costs that are
attributable, as determined by the department, to uses relating to construction
of a public library within the proposed combined facility will be considered
as grant project costs.
Priority for Grant Approval
During a fiscal year, if amounts requested in grant applications approved by
the department exceed amounts appropriated for payment of grants, the
department will award grants as follows, per AS 14.56.356 (a) (2):
(1) The department will rank projects giving the following priorities to
proposed project:
(A) the first priority shall be given to an application submitted by a
community that does not have a public library, but has created a
plan for public library service;
IIIIII
FY11 Library Construction and Major Expansion Matching Grant
£ 6
1:.
(B) the second priority shall be given to an application that the
Commissioner in consultation with the Alaska State Library
evaluates as having the highest beneficial impact on the
provision of library service to the public;
(2) among projects that are ranked relatively equally under (1)(B) of this
section, the department will give preference to an applicant that has
not previously received a Library Construction and Major Expansion
Matching Grant.
Local Match
An applicant must provide, as a local match, the portion of the total proposed
grant project costs not met by the funds awarded under this grant program,
per AS 14.56.356 (b).
The local match may be in the form of
(1) Money *;
(2) Land; or
(3) Services.
* If the applicant is a governmental entity, the money must come from
unrestricted locally generated revenue, and be an amount not less than 20
percent of the total proposed grant projects costs.
Cost Reimbursable Grants
Applicants are advised that grants awarded under the Library Construction
and Major Expansion Matching Grant program are cost reimbursable grants.
Funds awarded under this program are reimbursed concurrent with the
expenditure of matching funds. The department will not pay to the grantee
more than 50% of the amount that the department approves as a grant until
the grantee files a final project financial progress /narrative report, and such
report has been accepted by the department, per AS 14.56.355 (c). Funds
expended on a project prior to appropriation and the date of the Governor's
approval of the capital bill, or an effective date as identified in the capital
bill for the project will not be reimbursed.
Site Control
Each Library Construction and Major Expansion Matching Grant project
requires the grant applicant to document that he has the enforceable right to
use the real property on which the project will be constructed. This
FY11 Library Construction and Major Expansion Matching Grant
i 7
documentation may be in the form of a deed, lease (usually for not less than
twenty years), easement, or similar formally executed document.
Additionally, each applicant must provided a detailed study outlining the ,
library space needs of the community and library service area in which the
project will be constructed, with projections for use of the facility as a
public library for a period of not less than 20 years or for the life of the
building, whichever is less.
Resolutions
Waiver of Sovereign Immunity — If the grantee is an entity that possesses
sovereign immunity, the grantee must agree as a condition of receiving a
grant, that the grantee irrevocably waives its sovereign immunity with
respect to enforcement of the grant agreement or claims related to the grant
agreement. The waiver of sovereign of immunity must be on a form the
Department provides to the Grantee, per AAC 180.130.
Authority to Participate — Each application must include a Resolution
passed by the applicant's local governing body (borough assembly, city
council, or tribal council, as applicable) authorizing submission of the
application and participation in the program. The applicant may use the
Attachment A — Authority to Participate, attached to the Application
Packet or a similar version.
II. The Application Process
Submittal Information
Applications must be filed with the Division using the Library Construction
and Major Expansion Matching Grant Application form and received by 4:30
p.m. March 31, 2010 to receive consideration. Applications must be
submitted to the following address:
State of Alaska
Dept. of Commerce, Community and Economic Development
Division of Community and Regional Affairs
Attn: Jill Davis, Grant Manager
211 Cushman Street
Fairbanks, Alaska 99701
NOTE: Facsimile (fax) copies will not be accepted unless the applicant has
received prior approval from Jill Davis. The only condition under which
facsimile copies will be considered is poor weather conditions which prohibit
transportation of mail from a community for at least several days prior to the
submission deadline. The existence of poor weather must be confirmed by
the postal service or the appropriate flight service and provided to DCCED
FY11 Library Construction and Major Expansion Matching Grant
r 8
for verification. Contact Jill Davis at 451 -2717 if you have any questions
regarding facsimile copies.
Applicants must submit an original and four copies of the application.
Applications must be submitted on the Library Construction and Major
Expansion Matching Grant Application forms provided or an identical copy
of these forms. Applications must be signed by the applicant's highest
elected official or other authorized certifying officer of the applicant.
The Library Construction and Major Expansion Matching Grant Application
consists of narrative responses to requests for information about the proposed
project description and project budgets; and assurances regarding local
match, and operations and maintenance agreements. Applicants are advised
to use the Application Checklist to verify that all components of the
application are complete and attached to the packet prior to submission to
DCCED.
STEP #1:
Determining Compliance of the Proposed Project with
Minimum Space Requirements
Population Data must be the most current population estimate as reflected by
DCCED and located at: http: / /www. commerce .state.ak.us /dca /commdb /CF COMDB.htm.)
Each Library Construction and Major Expansion Matching Grant Project must
be in compliance with minimum space requirements as follows:
A. For a project serving a community with an estimated population of fewer
than 400: at least 800 square feet;
B. For a project serving a community with an estimated population of 400 —
1,000: at least 1,200 square feet;
C. For a project serving a community with an estimated population of more
than 1,000: 2,000 square feet or 0.7 square feet per capita, whichever is
greater.
D. For an expansion project, the square footage of the existing public library
structure must be increased by not less than 30 percent, and also meet the
minimum square footage requirements outlined above.
FY11 Library Construction and Major Expansion Matching Grant
9
STEP #2:
Project Description, Statement of Need
and Cooperative Agreements
The Project Description should include a narrative of the nature of the
construction project: Does your community currently have a library? Is this
an expansion project to a current library? Provide a detailed study outlining
the library space needs of the community and library service area in which
the project will be constructed, with projections for use of the facility for a
period of not less than 20 years.
If the project is for the construction or major expansion of a combined
facility in which the public library is to be located as part of a municipal or
other community facility, the applicant must submit a copy of a valid
cooperative agreement naming all involved parties and their responsibilities.
The agreement must clearly delineate the responsibilities of all entities, with
provisions made in the agreement for
(1) Financial responsibility for the maintenance and care of the
combined facility;
(2) Financial responsibility for the library personnel;
(3) Use of equipment (computers, copiers, etc.); and
(4) Hours of service.
STEP #3:
Project Impact
The Project Impact should identify the benefits to the community which will
result from the proposed project. How will the project contribute to new or
improved services in your community? If the community does not have a
public library, has a plan been developed for public library service? Submit
a copy of the developed plan with your application. Will the proposed project
meet the library needs of the community for at least 20 years? Describe the
effects of staffing, maintaining, and costs of operating the proposed facility.
STEP #4
Project Budget
Project Cost, Matching Funds,
Operation and Maintenance
FY11 Library Construction and Major Expansion Matching Grant
30
Each applicant for a Library Construction and Major Expansion Matching
Grant will be required to provide a detailed budget outlining all associated
construction costs, including materials and supplies, furnishings, freight,
equipment rental, labor and fringe benefits, insurance, etc.
Additionally, each applicant will be required to provide, as a local match, the
portion of the total proposed grant project costs not met by the grant, per AS
14.56.355. The local match may be in the form of
(1) Money *;
(2) Land; or
(3) Services.
* If the applicant is a governmental entity, the money must come from
unrestricted locally generated revenue, and be an amount not less than 20
percent of the total proposed grant projects costs.
Describe how the multiple funding sources will support construction of the
project and associated allowable costs.
Applicants must clearly identify and submit their proposed budget according
to the following budget components: Grant Request, Cash Match, In -Kind
Contributions, and Total Cost.
Applicants must include an Operation and Maintenance budget for the
constructed library project which identifies funding sources that will support
( the operation and maintenance of the facility after construction.
Applicants are advised that these grant funds are released on a cost -
reimbursable basis, concurrent with the expenditure of matching funds.
Successful applicants will be required to provide financial documentation for
all project costs. The department will not pay to the grantee more than 50%
of the amount that the department approves as a grant until the grantee files a
final project financial progress /narrative report, and such report has been
accepted by the department.
STEP #5:
Grant Administration and Project Management Capabilities
Each applicant for a Library Construction and Major Expansion Matching
Grant will be required to provide documentation of their ability to manage
grant funds and comply with all grant administration, project management,
and reporting requirements. Applicants should identify an experienced
individual who will be responsible for these duties.
FY11 Library Construction and Major Expansion Matching Grant
Applicants must also demonstrate they have the expertise and ability to
operate and maintain the proposed public library.
Applicants are required to include a copy of the entity's most recent audit or
certified financial statement with the original application and each of the
four copies of the application.
Applicants must submit, with the application, a resolution, motion, or similar
action authorizing submission of the application and participation in the
program. Attachment A — Authority to Participate is provided in the
application packet.
III. Grant Selection and Award
Grant Selection
The application selection process consists of two stages: threshold review,
and project rating and selection. During the threshold review process, staff
screens all applications for eligibility without awarding points. Department
staff may consult with the applicant in regard to any questions about the
proposed project and may allow an applicant to submit an amended
application. Eligible applicants will have a period of up to 2 weeks after
department consultation to submit an amended application. Insufficient
applications or the failure to correct identified deficiencies with the
submission of an amended application will result in rejection of the
application. All amended application material must be received on or before
the last day of the correction period specified by the Department.
The project rating and selection process, stage two, will be conducted by a
review team, the Application Selection Committee (ASC), using criteria
described below. Applications will be evaluated and assigned points by the
ASC based on the following criteria:
1. PROJECT DESCRIPTION /NEED 25 Points
a. Has the applicant adequately illustrated the need for the library project
within the community? Does the community currently have a public
library? Has the community created a plan for public library service? If
so, is the plan included with the application? Minimum components of
the public library service plan should include the following:
(A) Financial responsibility for the operation, maintenance, and care of
the proposed facility, including all associated equipment;
(B) Financial responsibility for the library personnel;
(C) Hours of service.
FY11 Library Construction and Major Expansion Matching Grant
5
b. Has the applicant provided an adequate description of the project, in
compliance with minimum space requirements as follows:
(A) For a project serving a community with an estimated population of
fewer than 400: at least 800 square feet;
(B) For a project serving a community with an estimated population of
400 — 1,000: at last 1,200 square feet;
(C) For a project serving a community with an estimated population of
more than 1,000: 2,000 square feet or 0.7 square feet per capita,
whichever is great;
c. If the project is for expansion of an existing public library, does the
application reflect an increase to the square footage of the structure by
not less than 30% and also meet the minimum square footage
requirements outlined above?
d. Is the proposed project in compliance with applicable municipal, state,
and federal law, including 42 U.S.C. 12101 - 12213 (Americans with
Disabilities Act).
e. Does the proposed project reflect the needs of the community and the
anticipated users of the library?
f. Is the application for a project in which the public library is to be located
as part of a municipal or other community facility? Has the applicant
submitted a copy of a valid cooperative agreement naming all parties and
outlining their responsibilities?
2. PROJECT IMPACT 25 Points
a. Does the application identify how the proposed project will provide an
impact on the provision of library services to the public?
b. Does the application illustrate sustainability of the proposed project in
meeting the library needs of the community for at least 20 years?
c. Does the application identify the effects of staffing, maintaining, and
operating the proposed library facility?
3. PROJECT BUDGET 25 Points
a. Has the applicant identified all direct project costs? Examples include,
but are not limited to materials and supplies needed for facility
modifications; freight; equipment rental and /or purchases; land;
contractual or professional services; labor expenses; and similar costs.
b. Has the applicant clearly identified and submitted their proposed budget
according to the budget components (Grant Request, Cash Match, In -Kind
Contributions, and Total Cost)?
c. Are the matching funds not less than 50% of the total project costs?
d. If the applicant is a local government entity, is the cash match amount not
less than 20% of the total proposed grant project costs; and is the source
identified as unrestricted locally generated revenue of the applicant?
FY11 Library Construction and Major Expansion Matching Grant
5
e. Are matching funds documented and available?
f. Has the applicant identified the funding sources that will support
operation and maintenance of the library after construction?
g. Is the overall Project Budget reasonable?
4. GRANT ADMINISTRATION AND PROJECT MANAGEMENT
CAPABILITIES 25 Points
a. Does the Application Packet and information provided therein support that
the applicant has the administrative capability to properly manage Public
Library Construction and Matching Grant funds and comply with all
Federal and State requirements?
b. Has the applicant submitted all required Certifications and Resolutions?
c. Has the applicant identified who will have the day -to -day management
responsibility and oversight for this project?
d. Does the applicant have the cash resources to administer a cost
reimbursable grant or have they identified an alternative course of action
which will allow this project to proceed?
e. Has the applicant successfully administered other Federal or State grants
which have had similar requirements? Have they documented that they
were successful with those grants?
f. Has the applicant submitted a copy of the most recent audit or certified
financial statement?
PROJECT RATING SUMMARY:
Possible
Points
Project Description /Need: 25
Project Impact: 25
Project Budget: 25
Grant Administration /Project Management Capabilities: 25
TOTAL: 100
FY11 Library Construction and Major Expansion Matching Grant
0 4
Statewide Public Library Construction Projects
2010 Status Updates /State Assistance Funding Requests (Ver.01.22.2010)
State Timing of
Project Type Cost Completion Site Ownership Design Phase Current Funding Assistance Need For
Community Date Funding State
Request Funds
Cordova New Multi-Use Facility $19.7M 2011 Yes -City Complete with $13.5M - City, Federal, State $2M 2010
to Include Libra Construction Docs EVOS
Kenai Expansion $5.3M 2011 Yes - City Complete with $4.67M $1.5M 2010
Construction Docs
Seward New Co- located Facility $10M 2012 Yes - City Schematic - 35% $1 M Donations / $5M $5M 2010
Library/ Museum by February 1, 2010 Approved G.O. Bond - 2011
$240K -State Grant,
New Facility $6.2M 2012 Yes - City Schematic - 35% ,
$3.25M 2010
Donations
Barrow Expansion $7M 2011 Yes - Borough Concept / Project $6M - Federal, Borough $1M 2010
Consortium Library Anal sis Report
Sutton New Facility $3.1M 2012 Yes - Borough Schematic - 35% by $720K $1.5M 2010
August Borou•h, FOL*
Anchorage Improvements $4.8M 2011 Yes Current Concept $1.25M Grant $1.75M 2011
Location
Ketchikan New Facility $12.5M 2013 TBD Concept $700K - City, FOL* $5.57M 2011
Sitka Expansion $15M 2014 Yes — City Space Needs Study $100K Private Contribution $7.5M 2011
Portion of $10M Trust + in
Fairbanks/ New Facility $10.9M 2012 Yes - Borough Concept $550K Earnings, Bond, TBD 2011
North Pole
Revenue Funds TBD
Fairbanks/ $16.75 Yes - Current Portion of $10M Trust +
Noel Wen Expansion M 2012 Location Concept $550K Earnings, Bond, TBD 2011
Revenue Funds TBD
Kodiak New Facility $15M 2014 In Progress Space Needs Study Identification of Funding TBD 2011
O. •.rtunities in Progress
Wasilla New Facility $14M 2014 Yes - City Concept $40K- FOL* TBD 2012
The following Public Libraries are in early stages of planning and identifying funding opportunities. Further information will be provided as these projects evolve.
Palmer Expansion TBD TBD Yes Concept Identification of Funding $3M TBD
0. • ortunities in Pro. ress
Nome New Co- located Facility TBD TBD Yes -UAF Concept Identification of Funding TBD TBD
Opportunities in Progress
Soldotna Expansion $5.5M 2020 Yes - City, FOL* Concept Initiating Building Fund TBD TBD
Cam •ai. n
Craig Expansion TBD TBD Yes - City Concept in Progress Identification of Funding TBD TBD
Opportunities in Progress
Skagway Expansion & TBD TBD Yes - City . Concept in Progress Initiating Building Fund TBD TBD
Renovation Cam •ai • n
Juneau Identification of Funding
Mendenhall New Facility TBD TBD Yes -City Space Needs Study Opportunities in Progress TBD TBD
Juneau Improvements TBD TBD Yes City Coordination w/ Identification of Funding TBD TBD
Public Library Engineers Opportunities in Progress
Anchor Point New Facility $700K TBD Yes — Donation Preliminary Ideas Identification of Funding TBD TBD
Opportunities in Progress
* — ' of the Library
SUPPORTING INFORMATION FOR DEVELOPMENT OF STATEWIDE PUBLIC LIBRARY CONSTRUCTION PROJECTS
2010 STATUS UPDATES /STATE ASSISTANCE FUNDING REQUESTS
This matrix represents the collaborative initiative of statewide library directors, Friends of the Library Associations and volunteers formed as library steering
committees leading and supporting new construction and /or renovation of public libraries in their communities. The intent of this ongoing effort is to continue
to provide a comprehensive statewide view of all known public library construction and /or renovation projects highlighting each project's current status toward
meeting today's commonly accepted criteria for applications to funding agencies for design and construction funds.
The methodology for this effort is based on in -depth research and review of current capital funding criteria set by public and private funders, and the sharing
and monitoring of actual grantor responses to capital funding requests in these current economic times. In addition to long- standing capital funding criteria
requiring projects to substantiate solid business plans, well developed project scope, budget and schedules, and strong local, state and private funding support
— completing 35% design (schematic design phase) is now an additional criterion that funders are requiring to measure project credibility before approving
capital funding.
With consensus of all stakeholders involved in this effort, meeting this latest criterion became the basis for the sequence of this list of known statewide library
projects. Projects appear in order of most advanced design phase completed and /or in process. Also factored in the order of the list are critical time
considerations for leveraging additional capital dollars. (For example, some private and public funds are available to a particular project only within a certain
window of time.) C:
This matrix is a dynamic document incorporating new library projects Barrow (expansan)
Statewide
when identified and status updates as each project advances. An Public Library
effort to find all pending public library construction and major Projects
expansion projects has been made. To report new or additional
projects and to obtain a list and contact information for statewide
librarians participating in this effort contact Patty Linville at
plinvillePcitvofseward.net or 907 - 224 -4082.
Nome Z Fairbanks (exponsion
The following links are offered for your reference: (newfacllirvU No Pole (new /oci ptyJ
AS Statute Reference; AS 14.56.355.356 enacted into law September
2, 2008 • Sutton (new facility)
Waslll N Palmer (expansion)
(new facillt ),•Anchora"ge (Improvements)
Soldotna (e pan t�o��nJ
Enacted Library Construction Regulations and Major Expansion tKena %expansion /7Cordo
Anchor Point —. Seward (new facility) (expan ion & ` Juneau (new facility)
Matching Grant Program (new *day) (new facility) renovodon) '\(improvements)
p Petersburg
�� �`' [` (ex o) a \ (ne" focNlty)
Multiple Library Projects have received the support of the Foraker eleodiak
(new facility) Craig
tc
Group Pre - Development Program _ (ex�ons on) O (n
Contact: Chris Kowalczewski at cKowalczewski@forakergroup.org or o
907 - 743 -1200
• Main Office (907) 224 -4050
CITY OF SEWARD „ y °F -^+ '� :Police (907) 224 -3338
• Harbor (907) 224 -3138
P.O. BOX 167 ► • Fire (907) 224 -3445
SEWARD, ALASKA 99664 -0167 P • City Clerk (907) 224-4046
• Engineering (907) 224 -4049
;` .. • Utilities (907) 224 -4050
• Fax (907) 224 -4038
Gail Dabaluz, Grant Manager
Department of Commerce, Community and Economic Development
Division of Community and Regional Affairs
PO Box 110809
Juneau, AK 99801 -0809
September 2, 2009
Re: Recommendations and comments on regulation changes in Title 3 of the Alaska Administrative Code,
Dealing with the Library Construction and Major Expansion Matching Grant Program Chapter 198
Dear Gail,
Thank you for the opportunity to review and comment on this grant program. The City of Seward and the
Seward Community Library Museum Building Committee (SCLMBC) have taken an aggressive role in advocating
for the Public Library Construction and Major Expansion Matching Grant Program and eagerly anticipate its
implementation. SCLMBC members, librarians and community leaders have been asked to comment on these
regulations. Below are highlights of those discussions.
• 3 AAC 198.040 (b)
o There is a national /international trend to combine library, archives and museum services into a
one stop shop. The State of Alaska, and other state governments, have combined jurisdiction of
these entities under the Department of Libraries, Archives and Museums. (See also:
http: / /www.ifla.org/ files / public - libraries /publications /prof - report 108 /108 en.pdf). It is
possible for these services to be provided by the same staff under one roof, an efficient and
economical model for use of public funding in small communities especially. Considering this
evolution, definitions of the methodology for determining construction funding considerations
(common spaces, building systems sharing, etc) for libraries using this economic model are
needed.
• 3 AAC 198.050 (b) (1)
o Local match of "unrestricted locally generated revenue of the applicant" should be defined. Not
clear if this includes grants from private foundations, local bonds etc.
• 3 AAC 198.060 (b) (1)
o "...projections for use of the facility for a period of not less than 20 years." Currently libraries
are struggling to keep pace with the technological advances of the past 10 years in facilities that
were built before computers were invented. A more realistic projection would be 10 years.
• 3 AAC 198.090 (1) (A)
o Priority should not be given to a community that has no prior record of library service. This
seems to be in conflict with 3 AAC 198.080 (6) which evaluates the applicants past performance
in operating a library.
7
It is suggested that the applicants utilize the principles of predevelopment as preparation for the grant
application. The Alaska Mental Health Trust Authority, the Denali Commission, The Foraker Group, and the
Rasmuson Foundation have defined "...pre- development as the phase of a construction project between the
origination of the idea that a facility is needed through to the initiation of design." To prevent developing
unsustainable projects these agencies look for capital projects that:
• Meet a documented need
• Are consistent with strategic /community plans
• Consider opportunities for collaboration
• Have appropriate facility and site plans and realistic project budgets
• Are financially sustainable
• Will not negatively impact the sustainability of the proposing organization"
(www.foraker¢rouo.org, 08/31/2009)
Tangible elements produced during predevelopment include completion of a needs assessment,
exploration /confirmation of collaboration and partnerships with Resolutions of Support and Memorandums of
Agreement, community surveys, site selection and acquisition, preliminary program /design concept, feasibility
study, cost estimate and a complete business plan including a detailed plan of finance. Private and public
funders are seeking local funding support in place, and a schedule of completion of the schematic design phase
for the proposed project to be considered "shovel ready." Please consider these items as prerequisites for
submitting an application.
Again, thank you for this opportunity. Your work on this important grant program is greatly appreciated. Please
do not hesitate to contact me if you have questions or concerns.
Sincerely,
Phillip Oates, City Manager
kdk
SEWARD COMMUNITY , of SEA c4.- . a. LIBRARY MUSEUM
,�, .4.
_,..,......- --,....„ :, ,. ,_ Qi T ..,...„ .,
<04,„
Project Status Update 1.26.2010 q s+�P
•
. a. , «. 003, fl t "o'1r dN3 ?h W ' ;:,,V,aw. , . r:} is a ,' ,; ,, -, a ;', . ( F i ,�' ='"+a — �' fiat &p "`.- ' lv_ �t.�� ;V w, y 16,300 SFj L FACILITY .F X5,300, f CO 40:g. E1 ; r1 ,1 P#k0 C O: 5 LT 1 ' , d `�'�, .t a . a lnP'�'k'ti �Ei Y, W} r. �k mN�N S ,a 44r *. 4c
2009 2010 2011 2012
i V Site Control /Ownership f Schematic Design ij, Complete Design On -going Construction
Complete February March January through July
$1M+ Donations i l
C
C../1 Individuals/Corporations b
C— In -Kind Services
E CM /GC Contractor F�, Substantial Completion
r i
IJ y Project Manager j Selection February July
RISE Alaska n &
1111111111 ,
f Foraker Pre - Development i i City of Seward wa Opening
Completed October r State Funding Request $5M x $5M G.O. Bond Sale August 12
Direct Grant
V $5M G.O. Bonds June ; 1 *100th Anniversary
Yes Vote '09 City Election { Incorporation of Seward 1
Y Architect N =' [. * 100th Anniversary
ECl/Hyer $1 - 2M Grant
Y Alaska as a Territory
Foundations /Agencies
4 ,
Schematic Design h
'; On -Going Applications *100 Anniversary y
Initiated in October ti [__Be_gin Construct ion
ldit Trail
PROJECT INFORMATION: PATTY LiNVI LLE, CITY OF SEWARD 907. 224.4008 PLINVILLE @CITYOFSEWARD.NET WWW.SOMETHINGFORUS.ORG
SEWARD COMMUNITY LIBRARY MUSEUM
"Embracing our history, growing by volumes"
Seward, Alaska has a long history of caring for and using its community library. Seward's colorful
history is preserved at the Seward Museum. Plans are underway to combine these community services
in a new multi -use facility to better serve the Seward Community. The new facility would include public
space that could be used for a variety of community programs.
Project Milestones to Date Project Goal
2003 0 Selected Seward Centennial Legacy Project
A facility with access for all patrons (ADA
accessible facility)
2004 0 Initial Program /Design Concept 6
- — New facility that is built to the highest energy
2005 0 Steering Committee Formed efficiency standards possible
2006 O Site Selected
A facility that contributes to Seward's local
2007 0 Land Acquired economy and quality of life
O Project Accepted into the Foraker
Better preserve Seward's historical and
0 Pre - Development Program cultural collections
O Feasibility Study Completed
Flexible meeting spaces for community
2008 0 Local Fundraising Initiated gathering, events and small conferences
O Original Concept Refined
Q Project Cost Estimate Complete Increased space for more books and historical
Q Business Plan Finalized
exhibits
O Plan of Finance Developed
2009 0 Capital Campaign Plan Launched
Project Facts
O Grants & Foundation Submittals SIZE: 16,300 SF
O Community Support Survey conducted COST: Estimated at $10 Million (total project cost)
Q Resolutions for Propositions 2 & 3
LOCATION: Adjacent to the current library
O Funding to Advance Project Through Schematic Design
O Project Management Design Team selection
0 City Election— Yes Vote for Proposition
k`" O 35% Design Kick -off
What is the Project Funding Plan?
up to $13
Work In Progress 9p to $2M Capital
Foundations Campaign
2010 0 Complete Design
up to $1H
Q Construction Contractor Selection
Federal
Giants up to OK
Publicly
Funded/
2011 O Construction Begins Seward
up to $514 201 0 Grand Opening, August 2012 Mate
Grants
40
Sponsored hy: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009 -102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE CITY OF SEWARD'S CALENDAR YEAR
2010 STATE LEGISLATIVE PRIORITIES
WHEREAS, the City annually compiles a list of projects or issues that are identified as
top state legislative priorities; and
WHEREAS, the list of projects is compiled and distributed to the Alaska Legislature in
Juneau, the Kenai Peninsula Borough, and the City of Seward lobbyist; and
WHEREAS, this prioritized list validates the projects and greatly focuses the efforts of
the administration in our lobbying efforts; and
WHEREAS, all the projects on this list are consistent with the City's Comprehensive
and Strategic Plans; and
WHEREAS, the 2010 Federal Economic Stimulus bill may make funding available from
federal and state agencies or departments to complete various projects on this list of' state
legislative priorities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section I. This list of legislative projects is hereby declared to be the official legislative
priority list for the City of Seward for the 2010 State legislative session:
1. STATE FUNDED PROJECTS WITH LOCAL MATChI
A. PUBLIC FACILITIES
(1) $5 million grant for building the $10 million Seward Library and Museum (local
contributions and a general obligation bond will provide a 100% match of $5 million
to complete the project)
(2) $2 million for constructing a l00'x 80' metal building to house emergency response
equipment, and shelter supplies at the Fort Raymond Satellite Fire Station (the City
will provide a $500 thousand match to complete the project)
(3) $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the
CT scanner into the facility, increasing backup generator capacity, and improving
space for primary health care (the City provides $500 thousand annually for these
improvements)
I
4 1
Sec. 14.56.355. Library construction and major expansion matching grant program.
(a) There is established in the Department of Commerce, Community, and Economic
Development a matching grant program for library construction and major expansion.
(b) A person in charge of construction or major expansion of an eligible library may apply
to the department for a matching grant under regulations adopted by the department.
(c) Subject to appropriation, the department shall award not more than 50 percent of the
total proposed grant project costs to an eligible applicant.
(d) The department shall establish regulations to implement this section and the eligibility
standards under AS 14.56.356 . The regulations must include consideration for and establishment
of an eligibility priority for an application that is submitted by a community that does not have a
public library described in AS 14.56.356(a)(2).
(e) In this section,
(1) "department" means the Department of Commerce, Community, and Economic
Development;
(2) "major expansion" means an expansion of an existing library to increase the square
footage of the structure by not less than 30 percent.
Sec. 14.56.356. Eligibility.
(a) To be a library eligible for a grant under AS 14.56.355 , a library must be
(1) publicly owned and operated by a community; and
(2) a public library as described in AS 14.56.400 that is not a public school library.
(b) An applicant for a grant under AS 14.56.355 must provide matching funds from
(1) the local government entity in an amount not less than 20 percent of the total proposed
grant project costs; and
(2) private donors in an amount not less than the amount remaining of the total proposed
grant project costs after the state and local contributions are made toward the project.
Title 14. EDUCATION, LIBRARIES, AND MUSEUMS
Chapter 14.56. STATE AND COMMUNITY LIBRARIES
(http: / /www.Iegis.state.ak.us /basis /folio.asp, 02/22/2010)
4 9
GEMS ELECTION RESULTS Page 10 of 11
SEWARD CITY COUNCIL
Total
Number of Precincts 2
Precincts Reporting 2 100.0 %
Ballots Cast/Reg.Voters 440/1860 23.7 %
Total Votes 962
Times Over Voted 0
VALDATTA, Bob 311 32.33%
SHAFER, Vanta 310 32.22%
SMITH, Tom 285 29.63%
Write -in Votes 56 5.82%
ADVISORY PROPOSITION NO.2
Total
Number of Precincts 2
Precincts Reporting 2 100.0 %
Ballots Cast/Reg.Voters 440/1860 23.7 %
Total Votes 436
Times Over Voted 0
NO 251 57.57%
YES 185 42.43%
PROPOSITON NO.3
Total
Number of Precincts 2
Precincts Reporting 2 100.0 %
Ballots Cast/Reg.Voters 440/1860 23.7 %
Total Votes 429
Times Over Voted 0
YES 253 58.97%
NO 176 41.03%
SOLDOTNA CITY COUNCIL - SEAT A
Total
Number of Precincts 2
Precincts Reporting 2 100.0 %
Ballots Cast/Reg.Voters 692/3043 22.7 %
Total Votes 683
Times Over Voted 0
ANDERSON, Nels 377 55.20%
STOGSDILL, Jim 305 44.66%
Write -in Votes 1 0.15%
SOLDOTNA CITY COUNCIL - SEAT B
Total
4 j
http: / /www. borough. kenai. ak. us / AssemblyClerk /Assembly/ELECTIONS _NEW /2009 %n20... 2/23/2010
2009 City Elections Page 2 of 2
Willard Dunham 907 - 224 -5623
City Council - Seat A - 3 Year Term
Vote for no more than one
City Council - 2 Year Term
Vote for no more than three Nels Anderson 907 - 262 -3280
Thomas D. Smith 907 -224 -7244 Jim Stogsdill 907 -262 -5622
Vanta Shafer 907 - 224 -3243
City Council - Seat B - 2 Year term
Robert Valdatta 907- 224 -5656 Vote for no more than one
V. Eugene Fowler 907 - 420 -3908
Propositions
Brenda J. Hartman 907 - 260 - 7499
Advisory Proposition No. 1
•
Fluoride
"Shall fluoride be added to the City of Seward City Council - Seat C - 3 Year Term
water to the level (0.7 -1.2 parts per million) Vote for no more than one
recommended by the U.S. Public Health Dale L. Bagley 907-262-8553
Service ?"
(A vote on this proposition is advisory onty and non-
binding) Jay S. Rohloff 907 - 260 -4917
Advisory Proposition No. 2
Sales Tax Increase City Council - Seat D - 1 Year Term
"Shall the Seward City Council increase the sales Vote for no more than one
tax from 4.0% to 4.5 %, with the understanding
that the additional funds are expected to be in M. Scott McLane 907- 398 -0051
an amount sufficient to cover a portion of the
proposed library/museum operating and Pearly Mullen 907- 260 -7722
construction costs and would be available to be
•
appropriated by the City Council ?"
(A vote on this proposition is advisory only and non- Propositions
binding)
Proposition No. 1
Proposition No. 3 "Shall the City of Soldotna exempt its municipal
Library /Museum Bond officers and candidates for elective municipal
"Shall the City of Seward incur debt and issue office from the State of Alaska requirements set
general obligation bonds in an amount not to forth in AS 39.50 regarding reporting and
exceed five million dollars ($5,000,000) to financial disclosure requirements, business and
finance the construction of community library conflict of interest provisions and INSTEAD,
museum capital improvements in the City? adopt its own local ordinance establishing
Bonds may not be issued until the City has guidelines and filing requirements related to
obtained additional funding through financial disclosure and conflicts of interest ?"
contributions and grants for the remainder of the
costs of the project.
The bond shall be secured by a pledge of 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 a one -half percent
sales tax."
Return to KPB Home Page Return to Assembly /Clerk Page
44
http: / /www. borough. kenai. ak. us /AssemblyClerk/ Assembly /ELECTIONS NEW /2009%20... 2/23/2010
Authority to Participate
RESOLUTION NUMBER
A RESOLUTION of the (Council)
authorizing participation in the Library Construction and Major Expansion Matching Grant Program.
WHEREAS, the Council of wishes to provide a (Library Project)
for use in the community; and
WHEREAS, this entity is an applicant for a grant in the amount of $ from the
Alaska Department of Commerce, Community, and Economic Development (hereinafter "Department "), under
the Library Construction and Major Expansion Matching Grant Program;
NOW, THEREFORE, BE IT RESOLVED THAT the (usually Mayor) of the
City of is hereby authorized to negotiate and execute any and all documents
required for granting and managing funds on behalf of this organization.
The (usually Major) is also authorized to execute subsequent
amendments to said grant agreement to provide for adjustments to the project within the scope of services or
tasks, based upon the needs of the project.
(
PASSED AND APPROVEDY THE (1) on
,20
IN WITNESS THERETO:
By: Attest:
Signature Signature
Title Title
By: Attest:
Signature Signature
Title Title
FY11 Library Construction and Major Expansion Matching Grant Issued February 2010 Page 1 8
.)
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROVING THE AMENDMENT TO THE
COOPERATIVE PARTICIPATION AGREEMENT AND BYLAWS
OF THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE
ASSOCIATION, INC. EFFECTIVE JULY 1, 2010
WHEREAS, AS 21.76 enacted by the 1986 Alaska Legislature provides a means
for local governments and school districts to join together in a joint insurance
arrangement intended to mitigate the cyclical and erratic nature of the conventional
insurance market; and
WHEREAS, the Alaska Municipal League Joint Insurance Association, Inc.
( AMLJIA), a not- for - profit corporation, was established pursuant to AS 21.76 by the
Alaska Municipal League to provide risk management services for Alaska municipalities,
city and borough school districts and regional education attendance areas; and
WHEREAS, this Association provides risk management services, including
pooling of risks, self-insurance management, joint purchase of insurance, claims
administration, loss prevention and control, claims defense and other related risk
management services on behalf of its participants; and
WHEREAS, AS 21.76.010 provides that two or more local governmental entities
may enter into cooperative agreements for these purposes; and
WHEREAS, since the time of formation and in subsequent revisions, the
AMLJIA's current Cooperative Participation Agreement and Bylaws are out -dated and
need revision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
Section 1: The City Council hereby indicates its approval of the proposed
amendments to the Cooperative Participation Agreement and Byalws of the AMLJIA, a
copy of which is attached hereto and incorporated by reference.
Section. 2: The City Council hereby approves the revised. Cooperative
Participation Agreement (hereinafter the "Agreement ") among municipalities, school
districts and regional education attendance areas creating the AMLJIA, a copy of which
is attached hereto and incorporated by reference.
Section 3: The City Manager is hereby authorized and directed to execute said
Agreement and such other documents as may be necessary to effectuate participation of
the entity as a member of the AMLJIA.
4
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -026
Section 4: The City of Seward indicates its continued commitment to participate
in the AMLJIA, organized pursuant to AS 21.76. By making this commitment, the City
of Seward hereby accepts and approves the revised Bylaws of the Association, a copy of
which is attached hereto and incorporated by reference.
Section 5: The Agreement will go into effect upon receipt by the Association of
a signed copy of this resolution and a signed Agreement. The City of Seward's
participation in the Association continues for a term of one year commencing on July 1 of
the calendar year in which coverage begins.
Section 6: This resolution shall be effective upon approval.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
22 " day of March 2010.
THE CITY OF SEWARD, ALASKA
Willard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN: •
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
4?
Council Agenda Statement
Meeting Date: March 22, 2010 Of SFty
ma�yy ;;;6G
G F
From: Phillip Oates, City Manager�i iO ,
4 (ASv-P
Agenda Item: Approving the Amendment to the Cooperative
Participation Agreement and Bylaws ofthe Alaska
Municipal League Joint Insurance Association, Inc.
Effective July 1, 2010
BACKGROUND & JUSTIFICATION:
AS 21,76 enacted by the 1986 Alaska Legislature provides a means for local governments and school
districts to join together in a joint insurance arrangement intended to mitigate the cyclical and erratic
nature of the conventional insurance market. The Alaska Municipal League Joint Insurance
Association, Inc. ( AMLJIA), a not - for -profit corporation, was established pursuant to AS 21.76 by
the Alaska Municipal League to provide risk management services for Alaska municipalities, city and
borough school districts and regional education attendance areas. This Association provides risk
management services, including pooling of risks, self-insurance management, joint purchase of
insurance, claims administration, loss prevention and control, claims defense and other related risk
management services on behalf of its participants. AS 21.76.010 provides that two or more local
governmental entities may enter into cooperative agreements for these purposes.
Since the time of AMLJIA's formation and in subsequent revisions, the AMLJIA's current
Cooperative Participation Agreement and Bylaws are out -dated and need revision, The Board of
Directors has spent a considerable amount of time revising these bylaws to better meet the needs of
the members. The redlined version of the amended bylaws is attached to indicate all changes.
In order to remain a member of AMLJIA, the City of Seward needs to approve the proposed
amendments to the Cooperative Participation Agreement and Bylaws of the AMLJIA, a copy of
which is attached hereto and incorporated by reference. The City Council also needs to authorize and
direct the City Manager to execute the Agreement and such other documents as may be necessary to
effectuate participation of the entity as a member of the AMLJIA. By authorizing the Agreement, the
City of Seward indicates its continued commitment to participate in the AMLJIA, organized pursuant
to AS 21.76. By making this commitment, the City of Seward hereby accepts and approves the
revised Bylaws ofthe Association. The Agreement will go into effect upon receipt by the Association
ofa signed copy of this resolution and a signed Agreement. The City of Seward's participation in the
Association continues for a term of one year commencing on July 1 of the calendar year in which
coverage begins.
INTENT:
To amend the Cooperative Participation Agreement and Bylaws of the Alaska Municipal
League Joint Insurance Association, Inc. Effective July 1, 2010
48
JJr Nb
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 is no fiscal impact.
Approved by Finance Department: /. k WO
RECOMMENDATION:
Council to approve Resolution 2010 - O2.LP Approve the Amendment to the Cooperative
Participation Agreement and Bylaws of the Alaska Municipal League Joint Insurance
Association, Inc. Effective July 1, 2010
49
Amor
A A :i,s F: n .
MUrICIP.'�!
Ltr,cuF
IA „), „ Iii,l;F A F
ASSOLIA ior:.luC
Alaska Municipal League Joint Insurance Association, Inc.
807 G Street. Suite 356 • Anchorage, Alaska 99501 • Phone (907) 258 -2625 • Fax (907) 279 -3615
MEMORANDUM
Date: November 9, 2009
From: Pete Sprague, Chairman, AMLJIA Board of Trustees
To: AMLJIA Members
REGARDING: Legal Documents Review
The AMLJIA was created in 1988. In the past twenty -one years, we've become very experienced in the
operation of risk management and joint insurance programs. As we work to improve our service to you, we
have found that sometimes ideas that the staff, board of trustees or members has to improve the pool are
delayed by our out -of -date legal documents.
In April 2008, the AMLJIA began to explore ways to reduce contributions for members. While exploring the
concept of creating a dedicated fund for this purpose, the board discovered inconsistencies in the documents.
These issues posed roadblocks to providing necessary and appropriate benefits to the membership. The trustees
formed an ad hoc Legal Documents Review Committee which has worked to revise and improve our governing
documents. Enclosed with this memorandum are the results of that work.
The Cooperative Participation Agreement is the agreement that your entity enters into with other pool members.
The Bylaws guide the association board and staff in the day -to -day operation of the pool. Both of these
documents need to work in concert. However, we found that in some cases, there were conflicting provisions.
In other cases, these documents were too limiting and did not allow the AMLJIA to function in the best interests
of the membership. Particularly in the case of amending the documents, the existing rules were simply too
unwieldy. The AMLJIA needs to respond quickly to changing member needs and the economic environment.
The existing documents make this too difficult for doing what is best for our membership.
Enclosed, you will find "redline" versions of both the Cooperative Participation Agreement and the Bylaws.
One significant change in the documents is that the authority to amend them will rest with a super - majority vote
of the Trustees, who are selected from the membership of the AMLJIA. The current Bylaws require that we get
a two -thirds vote of the entire membership via a resolution to amend. This can be very cumbersome because of
the scheduling of council, assembly, and school board meetings. If your governing body passes the attached
resolution, you will not need to review these documents again.
In this rewrite, we have removed outdated language like that in Article 13 which hasn't applied since the first
year of operation. Other changes include providing the board more discretion to make timely business
decisions in the best interest of the members, making the documents consistent with current and future best
business practices, clearly stating that net assets belong to the organization for the benefit of the membership,
restating and clarifying that assessments are possible as we believe is required by Alaska Statute and providing
the Board with the flexibility to protect members from any such assessment.
This last point is key. The AMLJIA is very well funded, but the current documents seem to require that each
year must stand on its own. Therefore, rather than a single fund that ebbs and flows with the good and bad loss
years, we were concerned we may be required at some point by our current documents to assess for bad loss
50
Legal Documents Review
Page 2
years even though we have sufficient funds in our reserve account. This makes no sense. The board never
wants to be in that position, as we see assessments as the very last resort.
Joe Evans, chair of the Legal Documents Review Committee, will go through the proposed changes at the
members' annual breakfast at 7:30 a.m., Thursday, November 19, 2009, in the Whale's Tale in the Captain
Cook Hotel, Anchorage. If you have specific questions or concerns, please contact Kevin Smith, Executive
Director, at 800 - 337 -3682, or kevins @amljia.org, or Joe Evans, Legal Documents Review Committee Chair at
joe @jwevanslaw.com.
These documents are the cornerstone of our organization. Your adoption of the resolution to approve these
changes will provide us with documents that are consistent and will allow the AMLJIA to best serve its
membership in the future. Upon approval, please send your resolutions to: AMLJIA, 807 G Street, Suite 356,
Anchorage, Alaska 99501.
Thank you.
r7 1
Alaska Municipal League
Joint Insurance Association, Inc.
COOPERATIVE
PARTICIPATION
AGREEMENT
July 1, 200- 4410
AT A LASK �M U N IC I P AI.
LEAG
I A JOIN I INSURANCE
ASSOCIATION. INC.
I AML/JIA: Cooperative Participation Agreement
Adopted January 23, 2005July 1, 20104-0
53
b.
TABLE OF CONTENTS
COOPERATIVE PARTICIPATION AGREEMENT
Introduction 1
Section 1: Definitions 1
Section 2: Purposes 2
Section 3: Parties to Agreement 2
Section 4: Term of Agreement 2
Section 5: Liability of Association 2
Section 6: Powers of Association 3
Section 7: Board of Trustees 3
Section 8: Powers of the Board of Trustees 3
Section 9: Insurance Coverage 3
Section 10: Development of the Joint Insurance Arrangement 3
Section 11: Method of Apportioning Costs 4
Section 12: Accounts and Records 5
Section 13: Responsibility for Monies 5
Section 14: Responsibilities of the Association 6
Section 15: Responsibilities of Participants 6
Section 16: Claims Administration and Payment of Losses 7
Section 17: Coverage Determination and Appeal 7
Section 18: New Members 8
Section 19: Withdrawal 8
Section 20: Cancellation 8
Section 21: Termination and Distribution 8
Section 22: Bylaws 9
Section 23: Notices 9
Section 24: Amendment 9
Section 25: Prohibition Against Assignment 9
Section 26: Agreement Complete 9
Section 27: Governing Law 9
Section 28: Construction of Contract 10
Section 29: Conformity to Statute 10
Signatory Page 11
Exhibit #1: Roster of Participants
Exhibit #2: Board of Trustees list
AMUJIA: Cooperative Participation Agreement
Adopted January 2Q, 2 00 5 July 1, 20104
COOPERATIVE PARTICIPATION AGREEMENT
THIS AGREEMENT is made and entered into in the State of Alaska by and among the Alaska
Municipal League Joint Insurance Association, Inc., and the participating local public entities,
hereinafter collectively referred to as "Participants" or "Participating Members," and individually as
"Participant," which are parties signatory to this Agreement.
WHEREAS, AS 21.76.010 provides that two or more local governmental entities may, by
Cooperative Agreement, enter into joint insurance arrangements for certain purposes by any one or
more of certain specified methods; and
WHEREAS, each of the parties to this Agreement desires to join together with the other parties for
the purpose of pooling self- insured losses and the group purchase of insurance, excess insurance,
reinsurance or other reserve funding mechanisms, and administrative services in connection with a
Joint Insurance Arrangement; and
WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do
so;
NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and
agreements contained herein, the parties hereto agree as follows:
SECTION 1: General Provisions and Definitions.
The following definitions shall apply to the provisions of the Agreement:
(1) "Administrator" shall mean the person appointed by the Board of Trustees to serve as chief
executive officer (executive director) of the Association.
(2) "Association" or "JIA" shall mean the Alaska Municipal League Joint Insurance
Association, Inc., a nonprofit corporation organized under the laws of the State of Alaska.
1 (3) `Board of Trustees" or "Board" shall mean the governing body of the Association acting as
a board of directors.
(4) `Bylaws" shall mean those bylaws of the Alaska Municipal League Joint Insurance
Association, Inc., as adopted by the Board of Trustees of such Association, and as thereafter
duly amended. The bylaws, including without limitation, all definitions set out therein, are
incorporated herein by this reference.
(5) "Claim" shall mean a demand made against the Association arising out of an occurrence that
is within the scope of coverage of the Association's Joint Insurance Arrangement as
developed by the Board.
(6) "Excess insurance" or "reinsurance" shall mean that insurance coverage purchased on
behalf of the Association to protect the funds of the Association against catastrophes or an
unusual frequency of losses during a single year.
(7) "Fiscal Year" shall mean that period of twelve months that is established as the fiscal year of
the Association.
AML/JIA: Cooperative Participation Agreement Page 1 of 14
1 Adopted January 28, 2005 July 1, 2010
(8) "Insurance" shall mean and include self - insurance through a funded program and/or any
commercial insurance contract. This joint insurance arrangement shall not be considered
insurance for any other purpose, pursuant to AS 21.76.020(a[Ks2]).
Notwithstanding the foregoing definitions, the parties hereto agree that the words and phrases
defined above shall be interpreted as defined by the policy of excess insurance or reinsurance in
effect at the time of the occurrence that gives rise to the question of interpretation. This Agreement
is not intended to be a contract for insurance.
SECTION 2: Purposes.
This Agreement is entered into by the Participants in order to provide more comprehensive and
economical coverage, to provide for the pooling of contributions in order to assume risks from losses
to the Participants on a group basis, to provide self - insurance coverage to the Participants for all
forms of insurance available or required by law for local public agencies and for which state law
authorizes the formation of joint insurance arrangements to provide such insurance, to reduce the
amount and frequency of Participants' losses, and to decrease the cost incurred by Participants in the
handling and litigation of claims. This purpose shall be accomplished through the exercise of the
powers of the Participants jointly in the creation of the Association to administer a Joint Insurance
Arrangement wherein Participants will pool their losses and claims, jointly purchase insurance, and
provide reserve funding mechanisms and administrative and other services, including claims
adjusting, risk management consulting, loss prevention, legal and related services, as authorized
pursuant to AS 21.76.
SECTION 3: Parties to the Agreement.
Each Participant certifies that it intends to, and does, contract with all other Participants and, in
addition, with such other parties as may later be added to and become signatories of this Agreement.
Each Participant also certifies that the deletion of any Participant from this Agreement, shall not
affect the validity of this Agreement or such Participant's intent to contract as described above with
the other Participants to the Agreement then remaining. A roster of Participants to the Agreement is
attached hereto as Exhibit
SECTION 4: Term of Agreement.
This Agreement shall become effective on the date coverage commences for the Participant. The
Agreement shall continue in effect unless canceled, nonrenewed, or otherwise terminated in
accordance with this Agreement and the Association bylaws.
SECTION 5: Liability of the Association.
1 Pursuant to Alaska law the debts, liabilities, and obligations of the Association shall not constitute
debts, liabilities, or obligations of any Participant, except as hereinafter expressly set forth.
Specifically, all debts, liabilities, and obligations of the Participants shall be several and not joint,
AML/JIA: Cooperative Participation Agreement
I Adopted January 28, 2005July 1, 201040
56
except to the extent of contractually obligated payments provided hereunder for purposes of risk
pooling.
SECTION 6: Powers of the Association.
The Association shall have the powers common to the Participants and is hereby authorized to do all
acts necessary for the exercise of said common powers pursuant to the terms hereof and in the
manner provided by law, including, but not limited to, any or all of the following:
(1) to make and enter into contracts;
(2) to incur debts, liabilities or obligations;
(3) to acquire, hold or dispose of real and personal property, funds, services, and other forms of
assistance from persons, firms, corporations, and governmental entities;
(4) to sue and be sued in its own name;
(5) to exercise all powers necessary and proper to carry out the terms and provisions of this
Agreement, or otherwise authorized by law; and
(6) all other and further powers that may be authorized by the Articles of Incorporation and
bylaws of the Association and permitted or not otherwise prohibited by law.
SECTION 7: Board of Trustees.
The Association shall be governed by the Board of Trustees, which is hereby established and which
shall be composed according to the bylaws. Each member of the Board shall have one vote. A list
of members of the Board of Trustees is attached hereto as Exhibit 2.
SECTION 8: Powers of the Board of Trustees.
The Board of Trustees of the Association shall have the powers and duties set out in the bylaws and
such other powers and functions as are provided for in this Agreement.
SECTION 9: Insurance Coverage.
The Association may provide any kind of insurance for Participants required by law or regulation or
as the Board shall determine, and not otherwise prohibited under AS 21.76.010(b). All applicable
insurance policy forms, as they may be adopted and amended from time to time by duly- approved
motion of the Board, are incorporated herein by this reference.
SECTION 10: Development of the Joint Insurance Arrangement.
(1) The Board has adopted the Association's Joint Insurance Arrangement, including the
insurance coverage provided for in Section 9, the amount of initial contributions, the cost
allocation plan and formula, and the amount and type of insurance to be procured.
(2) The Joint Insurance Arrangement provided by the Association shall extend to all Participant
operations, unless otherwise expressly excluded by the Board, or by the provisions of such
policy or policies of insurance as are obtained.
AML/JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1, 201040
(3) The initial contribution for each Participant shall be determined by the Board, in its
discretion, based upon a fair formula which shall consider, but not be limited to, total
Participant payroll, administrative experience of the Participant, the previous loss experience
of the Participant, the liability risks of the Participant, if the Participant has a self - insured
retention or deductible, and the costs to the Association of adding the Participant as a
member. The initial contribution is an estimate and may be revised at any time by the Bid
Association based on actual pooled loss experience, individual exposure or other factors.
(4) The Board shall adopt reasonable criteria for determining each Participant's annual share of
pooled expenses, which may include the Participant's payroll as compared to the total payroll
of all Participating members, the Participant's individual loss experience, and such other
criteria as the Board may determine to be relevant.
(5) The Board, by an affirmative vote of the majority, shall have the authority to intercept State
revenue- sharing, municipal assistance, and other funds due to be paid by the State to any
Participant that has failed to pay its annual deposit as agreed herein as and when due, in an
amount equal to the unpaid portion of the deposit, plus interest, from the due date until paid,
at the rate of 10.5 percent per annum or a lesser rate set by the Board or required by law.
SECTION 11: Method of Apportioning Costs
(1) Contribution Calculation. The cost allocation plan and formula adopted by the Board shall
provide for review of the Participants' contributions in order to produce a contribution for the
following year for each Participant that is derived by consideration of the following factors:
(a) the amount of losses borne individually by the Participant, if determined by the Board;
(b) the amount of pooled losses and other expenses, if determined by the Board; and
(c) the Participant's contribution to reserves for incurred - but - not - reported losses, the amount
of such reserves to be determined by the Board;
(d) the amount of the Participant's self- insured retention or deductible;
(e) the cost of reinsurance, excess insurance or other costs of coverages purchased for, and on
behalf of, the Participants;
(f) rating criteria and other factors such as, but not limited to, fire protection, risk
management programs, and the nature of risk to be insured; aid
(g)_ any adjustments based on experience or exposure audit provisions in the Participant
Coverage Memorandum or any reinsurance, excess insurance or other insurance policies
obtained pursuant to this Aagreement: and-
(h) any funds set aside by the Board to fund any catastrophic loss reserve fund, rate
stabilization fund, or excess loss fund established by the Board.
(2) Members' Equity and Dividend Distribution. Unallocated s &urplus, Mcmbcrs' Participants'
Rietained €earnings, or Mcmbcrs' Participants' Eequity are amounts considered to be funds
in excess of the amount set aside each year for reserves and incurred - but - not - reported losses,-
(a) The Board in its sole discretion may utilize the unallocated surpluses from any policy year
to provide for funding capital reserves, purchasing personal and real property beneficial to
the Association, stabilizing rates, developing loss programs for members, and furthering
any other legitimate Association purpose.
AML/JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1, 20104-0
58
(b) The Board in its sole discretion may transfer surplus funds to any program year that is
actuarily unsound in order to supplement funds needed to provide coverage for that
program year.
fa)(c) At its annual meeting, the Board, by affirmative action, shall may determine an
amount (if any) of excess funds that cha11 may be distributed to Participants based on their
pro -rata portion of contribution for those years from which those excess funds are
selected.
(1}) (d) Adjustments to the cost allocation formula will may be made to account for
Participants with varying levels of self- insured retentions and /or deductibles.
fe3(e) Dividend payments shall be paid after July 1 each year, and—but only to eligible
Participants who are Participants after July 1 of the current policy year, and were
4€1.-}(f) Participants who withdraw from membership shall not again be eligible for dividend
distributions until after July 1 of the third year of their renewed membership.
(g) Except for dividend payments determined by the Board, no assets of the Association
designated as unallocated surplus, Participants' retained earnings, or Participants' equity
shall be available for use by any Participant.
kh)j[xsaj Participants who withdraw from membership in the Association or Participants whose
membership is terminated shall forfeit all interest in any dividend, unallocated surplus,
Participants' retained earnings, or Participants' equity in the Association.
SECTION 12: Accounts and Records.
(1) The Board shall establish a joint insurance fund and administer the fund as required by
statute.
(2) Annual Budget. The Association shall annually adopt an operating budget pursuant to this
Agreement.
(3) Funds and Accounts. The Association shall establish and maintain such funds and accounts
as may be required by the Legislative Budget and Audit Committee, applicable law or
regulation, or generally accepted accounting practices. Financial books and records of the
Association shall be in the hands of the Treasurer or his or her designee and shall be open to
inspection at all reasonable times by representatives of the Participants.
(4) Administrator's Report. Within 150 days of the end of the fiscal year of the Association, the
Administrator shall furnish a detailed report of the operation and condition of the joint
insurance fund to the Board and the Director of the Division of Insurance.
(5) Annual Audit and Actuarial Determination. The Association shall require an annual
determination by a casualty actuary who is a member of the American Academy of Actuaries
that procedures for establishing reserves for losses of the Association are actuarially sound.
The Board shall provide for an annual independent audit of the accounts and records of the
Association. The audit shall conform to generally accepted auditing standards, and include a
review of the actuarial assumptions used for establishing the reserves for losses of the
Association by a casualty actuary who is a member of the American Academy of Actuaries.
The audit report shall include certification from a casualty actuary who is a member of the
American Academy of Actuaries that the actuarial assumptions used by the Association
continue to be sound and the level of the reserves of the Association are adequate. By
AML/JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1, 20104 -0
59
October 1 of each year, the Administrator shall prepare and deliver to the Legislative Budget
and Audit Committee and the Director of the Division of Insurance a report of the true and
accurate financial condition of the Association. The report shall be attested to by the
Administrator and the Board; include an analysis, certified by a member of the American
Academy of Actuaries of the sufficiency of the loss reserves of the Association; and be certi-
fied by a certified public accountant. The report shall also be filed as a public record with
each of the Participants.
SECTION 13: Responsibility for Monies.
1 (1) The Treasurer of the Association or his or her designee shall have the custody of and disburse
the Association's funds subject to Board approval. He or she shall have the authority to
delegate the signatory function to such persons as are authorized by the Board. The Treasurer
may also serve in such other official or employee status as the Board may direct.
(2) A fidelity bond or comparable security in an amount set by the Board, but not less than
$1,000,000 shall be required of all officers and personnel authorized to disburse funds of the
Association. This bond shall be purchased by the Association.
(3) The Treasurer's duties shall include:
(a) receiving all money of the Association and place it in the treasury to the credit of the
Association;
(b) being responsible upon his or her official bond for the safekeeping and disbursement of
all of the Association's money so held by him or her;
(c) paying, when due, out of money of the Association so held by him or her, all sums
payable on outstanding debts of the Association; and
(d) paying any other sums due from the Association only upon request for payment signed by
the Chairman of the Board or the Administrator. The Board may designate alternate
persons to sign payment requests by the Chairman of the Board or the Administrator.
SECTION 14: Responsibilities of the Association.
The Association shall perform the following functions in discharging its responsibilities under this
Agreement:
(1) Provide insurance coverage as necessary including, but not limited to, a self- insurance fund
and commercial insurance, as well as excess or reinsurance coverage and umbrella insurance,
by negotiation or bid, and purchase, as necessary;
(2) Assist each Participant's assigned risk manager with the implementation of that function;
(3) Provide loss prevention and safety and consulting services to Participants as required;
(4) Provide claims adjusting and subrogation services for claims covered by the Association's
Joint Insurance Arrangement;
(5) Provide loss analysis by the use of statistical analysis, data processing, and record and file -
keeping services, in order to identify high exposure operations and to evaluate proper levels
of self - retention and deductibles;
(6) Provide for Participants, as needed, a review of their contracts to determine sufficiency of
indemnity and insurance provisions; and
AMUJIA: Cooperative Participation Agreement
I Adopted January 28, 2005July 1, 201040
60
.(7) Undertake all other responsibilities deemed necessary by the Board in order to carry out the
purposes of this Agreement.
SECTION 15: Responsibilities of Participants.
Participants shall have the following responsibilities:
(1) Each Participant shall appoint a representative as provided in Article 5, Section 2 of the
Bylaws.
(2) Each Participant shall appoint an employee of the Participant to be responsible for the risk
management function within that entity, and to serve as a liaison between the Participant and
the Association as to risk management.
(3) Each Participant shall maintain an active safety officer and/or committee, and shall comply
with all recommendations of the Association concerning the development and implemen-
tation of a loss control policy to prevent unsafe practices.
(4) Each Participant shall maintain its own set of records in all categories of loss to ensure
accuracy of the Association's loss reporting system.
(5) Each Participant shall pay its contribution to the Association when due. The Association may
cancel a Participant' s coverage pursuant to applicable law if a contribution for any insurance
policy obtained pursuant to this Agreement for that Participant is not paid when due.
(6) Upon withdrawal, cancellation by the Board, or other termination, each Participant shall
immediately pay to the Association its share of contribution, calculated pro rata to the date of
withdrawal, cancellation, or other termination, plus accrued interest at the rate of 10.5 percent
per annum or a lesser rate set by the Board or required by law. When and if required of it by
the Board pursuant to Sections 21 or 22 of this Agreement, plus, in the case of a Participant
that terminates its participation for any reason before the end of the term of this Agreement,
liquidated damages in an amount equal to 20 percent of the Participant's current estimated
deposit for each year remaining in the term of this Agreement, to compensate the Association
for the loss of its contribution to the Association's surplus for the remainder of the term of
this Agreement.
(7) No Participant shall enter into an agreement to purchase insurance for the risks as to which
insurance will be provided under this Agreement, for coverage during the period that the
Participant is a member of the program except with the express written permission of the
Administrator.
(8) Each Participant shall provide the Association with such other information or assistance as
may be necessary for the Association to carry out the Joint Insurance Arrangement under this
Agreement.
(9) Each Participant shall in all ways cooperate with and assist the Association, and any insurer
of the Association, in all matters relating to this Agreement and covered losses, and will
comply with all bylaws, rules, regulations, and policies adopted by the Board.
(10) Participants who withdraw from membership in the Association or Participants whose
membership in the Association is terminated shall remain liable for their proportionate share
of additional contribution or assessments for losses and expenses attributable to the time
periods of their participation in the Association. There shall be no time limitation on former
Participant liability under this section(xss]_
AML/JIA: Cooperative Participation Agreement
1 Adopted January 2-8, 2005July 1, 20104-0
SECTION 16: Claims Administration and Payment of Losses.
(1) Each Participant shall give prompt notice of any claims to the Association, and failure to give
prompt immediate written notice of claims shall constitute a waiver of coverage.
(2) The Association will investigate all potentially covered claims against the Participants and
will attempt to adjust or settle such claims. Subject to the provisions of this Agreement and
rules and regulations promulgated by the Board, legal counsel selected by the Association
will defend such claims against the Participants. The Participants shall have the right to hire,
at its own expense, its own co- counsel to work with defense counsel employed by the
Association. The Participant agrees to provide and make available to the Association all
information and all personnel as may be reasonably required to fully investigate and defend
each claim.
(3) The Association shall pay claims according to the provisions set forth in this Agreement and
the rules and regulations promulgated by the Board, and all applicable coverage agreements
or policies.
(4) In the event the Association or its counsel wishes to settle a claim, the Participant and its co-
counsel (if any) will accept the Association's recommendation and judgment and enter into
such settlements as the Association determines to be appropriate.
(5) Participants with a self - insured retention, with the express written permission of the
Association, may be entitled to administer, defend and adjust claims within its own self -
insured retention, in a manner consistent with the Participant Coverage Memorandum and
Association approved claims policies and procedures. Such written permission does not
relieve the Participant from notice requirements as defined in the Participant Coverage
Memorandum. Once the self - insured retention is reached, all remaining defense and
adjustment of the claim will be handled by the Association pursuant to paragraphs (1) -(4)
above.
SECTION 17: Coverage Determination and Appeal.
(1) It shall be the duty and responsibility of the Association, to make all initial determinations
regarding rights to coverage protections provided under the joint insurance arrangement.
Upon making a determination of coverage or non - coverage, the Association shall notify the
Participant of its determination in writing. In the written determination of coverage or non-
coverage, the Association shall advise the Participant whether the Association will defend the
claim and /or indemnify the Participant, whether the Association is reserving any rights to
make any subsequent determinations regarding coverage, or whether the Association is
denying coverage.
(2) The Board shall promulgate rules and procedures whereby a determination by the Association
denying coverage shall be reviewed by the Board upon appeal by the aggrieved Participant.
SECTION 18: New Members.
Additional Participants may be permitted, in the complete discretion of the Administrator, to
become signatories to this Agreement or a similar agreement.
1 AMUJIA: Cooperative Participation Agreement
Adopted January 28, 2005July 1, 201040
62
SECTION 19: Withdrawal.
I (1) Any withdrawal by a Participant shall be effective only at the end of the fiscal year, and only
after the Participant gave giving the Association not less than six months' written notice of
intent to withdraw. The first opportunity to provide such notice of intent to withdraw shall be
as provided in the Bylaws.
(2) Any Participant who gives written notice of intent to withdraw as provided herein shall
deliver it to the Association by mail, by facsimile, or by hand delivery, and shall obtain and,
if requested, proffer proof of timely delivery.
(3) The withdrawal of any Participant from this Agreement shall not terminate it.
-(43) After withdrawal, the former Participant shall remain liable to the Association for additional
contribution or assessments as described in the Bylaws or elsewhere in the CPA.
(4) The withdrawal of any Participant from this Agreement shall not terminate it.
SECTION 20: Cancellation.
The Association shall have the right to cancel any Participant's membership in the Joint Insurance
Arrangement as provided in the Bylaws. Any Participant so cancelled shall be given 30 days' notice
before the effective date of the cancellation. If cancellation is due to nonpayment of amounts owing
or any other default by a Participant, the notice period for the default (with notice indicating possible
cancellation due thereto) may be included within the 30 -day notice period provided by this section.
After cancellation, the former Participant shall remain liable for additional contributions or
assessments as described in the Bylaws or elsewhere in the CPA.
SECTION 21: Termination and Distribution.
(1) This Agreement may be terminated by the written consent of three - fourths of the Participants;
provided, however, that this Agreement and the Association shall continue to exist for the
purpose of disposing of all claims, distribution of assets and all other functions necessary to
wind up the affairs of the Association.
(2) Upon termination of this Agreement, all assets of the Association shall be distributed after
the payment of, or provision for, all debts, claims, and liabilities, only among the
Participants, in accordance with and proportionate to their pro -rata share of contributions.
The Board shall determine any such distribution within six months after the last pending
claim or loss covered by this Agreement has been finally disposed of.
(3) The Board is vested with all powers of the Association for the purpose of winding up and
dissolving the business affairs of the Association.
SECTION 22: Bylaws.
AML/JIA: Cooperative Participation Agreement
1 Adopted January 24 2005July 1, 20104-0
63
The Board has caused to be developed and maintained Association bylaws to govem the day -to -day
operations of the Association. Each Participant shall receive a copy of the bylaws, and shall be
bound by the provisions thereof.
AML/JIA: Cooperative Participation Agreement
Adopted January 28, 2005July 1, 201040
SECTION 23: Notices.
Notices to Participants hereunder shall be sufficient if mailed to the address listed on the application
form of the respective Participant. A Participant may change such address from time to time by
providing written notice of such change to the Association, at its registered office at: 807 G Street,
Suite 356, Anchorage, Alaska 99501.
SECTION 24: Amendment.
This Agreement may be amended by a vote of two - thirds (2/3) of the Trustees present at any annual
meeting, regular meeting, or special meeting of the Trustees called at least in part for the purpose of
amending this Agreement. Any amendment to this Agreement shall be effective immediately unless
otherwise stated therein. . • - . - - .
r}uircmcnts of statc law.
SECTION 25: Prohibition Against Assignment.
No Participant may assign any right, claim or interest it may have under this Agreement, and no
creditor, assignee, or third -party beneficiary of any Participant shall have any right, claim, or title to
any part, share, interest, fund, premium, contribution, or asset of the Association.
SECTION 26: Agreement Complete.
This Agreement, along with the exhibits hereto and documents incorporated by reference herein,
constitutes the full and complete Agreement of the parties. There are no oral understandings or
agreements not set forth in writing herein.
SECTION 27: Governing Law.
This Agreement shall be interpreted according to the laws of the State of Alaska. If suit is brought
relating to any dispute arising hereunder or related hereto, such shall be filed in the Superior Courts
of Alaska in Anchorage, Fairbanks, or Juneau, and in no other place.
SECTION 28: Severability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable, the remainder of this
Agreement shall remain valid and enforceable.
SECTION 29: Construction of Contract.
AML/JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1, 2010-1.0
6 5
Separate agreements shall be executed by all Participants and all such agreements shall be construed
as a single collective contract.
AML✓JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1. 201040
6 th
1 SECTION 2930: Conformity to Statute.
In the event any term or provision of this Agreement is found to be in conflict with the statutes of the
State of Alaska, such term or provision shall be construed so as to conform to such tatutesJ[I s6].
AML/JIA: Cooperative Participation Agreement
Adopted January 28, 2005July 1, 201040
67
IN WITNESS WHEREOF, the parties hereto, acting through properly authorized officials, hereby
execute this Agreement.
DATED this day of
City/Borough/School District
By:
Name
Its:
Title
ATTEST
* ** To be completed by AML /JIA * **
DATED this day of , 20
Alaska Municipal League Joint Insurance Association, Inc.
By:
Name
Its: Executive Director
Title
ATTEST
AML/JIA: Cooperative Participation Agreement
1 Adopted January 28, 2005July 1, 201049
68
Alaska Municipal League
Joint Insurance Association, Inc.
BYLAWS
As Amended Julyl2010 23, 1999
AiyikulEispKAAL
J I,tS JOINT SURANCE
ASSOCIATI INC.
TABLE OF CONTENTS
BYLAWS
ARTICLE 1 - NAME 1
ARTICLE 2 - DEFINITIONS 1
ARTICLE 3 - PURPOSE AND OBJECTIVES 2
ARTICLE 4 - NATURE OF THE ORGANIZATION 44
ARTICLE 5 - PARTICIPATION 4
ARTICLE 5 - PARTICIPATION 4
ARTICLE 6 - BOARD OF TRUSTEES 66
ARTICLE 7 - POWERS AND DUTIES OF THE BOARD OF TRUSTEES 103
ARTICLE 8 - CONTRIBUTION OF MEMBERS, 134-2
ARTICLE 9 - ADMINISTRATION 1113
ARTICLE 10 - COMMITTEES 1544
ARTICLE 11 - INDEMNIFICATION OF 174-6
ARTICLE 12 - FISCAL YEAR 174-6
ARTICLE 13 - ENROLLMENT 174-6
ARTICLE 14 - WITHDRAWAL FROM PARTICIPATION 1846
ARTICLE 15 - DISSOLUTION 184-7
ARTICLE 16 - AMENDMENTS 184.7
ARTICLE 17 - OFFICE 204-7
ARTICLE 18 - OFFICIAL SEAL 204-7
AMIJJIA Bylaws Page 2
7/2-371991/10
1 ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC.
BYLAWS
ARTICLE 1 - NAME
The name of this association shall be ALASKA MUNICIPAL LEAGUE JOINT
INSURANCE ASSOCIATION, INC.
ARTICLE 2 - DEFINITIONS
The following terms have the following meanings for the purpose of these bylaws:
(a) "AML" means Alaska Municipal League.
(b) "Annual Deposit Contribution" means the amount of contribution payable by
a member of the Association for a particular type of risk coverage for a one -year period as
determined by the Trustees of the Association, exclusive of entry fee and supplemental
contributions, if any.
(c) "Association" or "JIA" means the Alaska Municipal League Joint Insurance
Association, Inc., an Alaska non - profit corporation established pursuant to AS 10.20.
(d) "Cooperative Participation Agreement" or "CPA" —means a written
agreement entered into by two or more local public agencies for the purpose of establishing,
operating, or participating in a joint insurance arrangement. For the purpose of these bylaws, the
phrase does not refer to any specific agreement but is a reference to whichever agreement applies
for a particular program or Participant.
(e) "Director of Insurance" shall mean the Director of the Division of - Insurance
of the State of Alaska.
(f) "Joint Insurance Arrangement" means a joint insurance arrangement
authorized under AS 21.76.010 to enable the participants to pool contributions of public monies,
grants, loans, and income from investment of the same in joint insurance funds as are authorized by
AS 21.76.010, in order to either assume such risks from losses to the participants as it may
determine shall be assumed, or purchase any and all insurance coverage for the participants on a
group basis, as authorized by statute.
(g) "Local public agency" means any political subdivision of the state, including
any municipality, school district or regional educational attendance area as defined in AS 21.76.010
or such other public entity as may be permitted under AS 21.76, and which is a member in good
standing of the Alaska Municipal League ( "AML ").
71
(h) "Municipality" means a political subdivision incorporated under the laws of
the State of Alaska as that iJ a home rule or general law city, a home rule or general law borough, or
a unified municipality, and for purposes of the joint insurance arrangement, shall include pursuant to
AS 21.76.010 school districts and regional educational attendance areas and all agencies or political
subdivisions thereof, including without limitation, municipally -owned hospitals, utilities, service
areas, port authorities or facilities, airports, and similar entities, agencies or services.
(i) "Participant" or "participating member" means a local public agency which
has joined the Association and is in good standing with the AML and the JIA, as set forth in Article
5, Section 1, below.
(j) "Public liability" means any liability to which a political subdivision may be
subject pursuant to the agreement.
(k) "Trustees" means the Board of Trustees of the Association, as provided in
the Cooperative Participation Agreement, and as defined in AS 21.76.900(3) as the board of
directors.
(1) The terms "administrator" and "fund" or "joint insurance fund" shall have the
meanings ascribed in AS 21.76.900.
ARTICLE 3 - PURPOSE AND OBJECTIVES
Section 1 - General Purpose
These bylaws are promulgated to create a joint insurance arrangement which may
establish and operate such joint insurance funds under the Association as permitted by Alaska
statutes, as an essential governmental service to members of the AML and Participants in the
Association.
Section 2 - General Objectives
The general objectives of the Association are to formulate, develop and administer a
joint insurance arrangement for the Participants, to facilitate the availability of adequate coverage
for, without limitation, property, liability, automobile and workers' compensation, and such lines as
are authorized by statute and the Trustees, to lower costs and assure availability of such coverage, to
provide a program of loss prevention and control services, and to provide claims administration and
covered insurance claim defense services. Risks which may be pooled include, but are not limited
to, public liability; automobile liability, including liability to pay basic reparation benefits;
AML/JIA Bylaws Page 2
7/91/10
automobile collision losses and losses customarily covered by the comprehensive coverage
provisions of automobile insurance policies; property loss or damage; and workers' compensation.
The joint insurance arrangement to be established pursuant hereto shall not be for disability
insurance, health insurance, life insurance or title insurance, so long as such insurance is prohibited
by AS 21.76.010(b).
Section 3 Use ofFundxs} •".. . . . - . -- . - .:. .. . ... :. Y.. • ...
reserves required by law or greater, as eftabli3hcd by the Trustees, may shall be used to reduce the
cost of insurance or increase risk protection for the Participants;. Finally, excess funds may, at the
i
Part n g n .
1 LLL L,rS
Section 43 - Activities of Association/Ownership of Assets
It is intended that the Association shall perform those risk management activities
with the assistance and cooperation of its Participants, including pooling of risks, self - insurance
management, joint purchase of insurance, claims administration, insurance defense, loss prevention
and control, and all other related activities which are essential governmental functions of the
Participants. All income and assets of the Association shall be dedicated to the benefit of. the
Participants as provided by the. Cooperative: Participation Agreement. Former Participants shall
have no ownership - interest in the assets of the Association. i[xszjand Shall be the property of the
Agreement.
Section 4 Use of Fundslrxs31
The Trustees shall use Association funds to fulfill the duties set forth in Article 7. In
addition, the Trustees may in their discretion establish such catastrophic loss reserve funds, rate
stabilization funds, or excess loss funds as they may deem necessary. The Trustees may elect, but
are not required, to allocate Pparticipant retained earnings among policy years. Any additional
ti
AML/JIA Bylaws Page 3
1 7/21/10
funds in excess of expenses and costs of loss control activities and reasonable reserves required by
law or greater, as established by the Trustees, may be used to reduce the cost of insurance or
increase risk protection for the Participants. Finally, retained earnings excess funds may, at the
determination of the Trustees, be distributed to the Participants as provided by the Cooperative
Participation Agreement.
ARTICLE 4 - NATURE OF THE ORGANIZATION
The Association shall-consist-of-is a nonprofit corporation whose members are local
public agencies of the State of Alaska, as defined in Article 2 hereof. Any local public agency in
the state may become a member of the Association provided it is a member in good standing of the
AML and agrees to comply with these bylaws and the rules, regulations and contractual
commitments of the Association. Any local public agency that becomes a Participant of the
Association may continue to be a Participant so long as it complies with these bylaws and the rules,
regulations and contractual commitments of the Association including payment of annual deposit
contributions, unless membership is canceled or otherwise terminated in accordance with these
bylaws and the Cooperative Participation Agreement.
Participation in the Association commences upon the effective date of any risk
coverage provided by the Association, and as provided in the Cooperative Participation Agreement.
ARTICLE 5 - PARTICIPATION
Section 1 - Composition
The Participants of the Association shall be the local public agencies which are
members in good standing of the AML, which complete the form of application which the Trustees
shall specify, which upon approval of said application by the Trustees shall execute the Cooperative
Participation Agreement (provided the JIA shall have received written notice of the execution of
said agreement), and which thereafter comply with all of the requirements of the Association.
Section 2 - Representation
Each Participant shall be represented by a permanent representative who shall be the
chief executive officer of each local public agency or his or her designee.
Section 3 - Annual Meeting
AML/JIA Bylaws Page 4
7/43/991/10
Annual meetings of the Participants shall be held each year, in conjunction with the
AML Annual Conference. The purpose of these annual meetings is for the Trustees to present an
annual report to the Participants concerning the fiscal year just ended. This meeting will
include discussion and review of the program, and will be open to all Participating Members.
Section 4 - Special Meetings
Special meetings of the Participants may be called at any time by the Trustees or by
the chairman and shall be called by the chairman or secretary at the written request of at least one -
third of the Participants or four Trustees.
Section 5 - Place of Meetings
All meetings of the Participants shall be held at such place in the State of Alaska as
shall be designated in the notices or waivers of notice of such meetings, as determined by the
Trustees.
Section 6 - Notice
Written notice of each meeting of Participants, whether annual or special, stating the
time when, and the place where it is to be held shall be served either personally or by mail,
telegraph or other form of electronic written communication, not less than 10 nor more than 50 days
before the meeting. Notice of a special meeting that is called shall indicate that it is being issued by
or at the direction of the person or persons calling the meeting. Each notice shall be directed to the
representative of each Participant at his or her address as it appears on the application to participate
in the Association, unless he or she shall have previously filed with the Administrator a written
request that notices intended for him or her be sent to some other address, in which case it shall be
sent to the address designated in such request.
Section 7 - Quorum and Proxy
A quorum shall consist of a majority of the designated representatives of the
Participants in good standing, attending the meeting in person or by proxy, for purposes of
conducting matters upon which a vote of members is required or permitted, provided that a proxy
shall be counted only for purposes of establishing a quorum and voting on issues specifically set
forth in the proxy. As to matters not specifically set forth in a proxy, the majority vote of the entire
membership of Participants in attendance shall be required for passage. No quorum shall be
required to conduct a meeting of Participant members at which no vote is taken.
Section 8 - Cancellation of Participation
AMUJIA Bylaws Page 5
7/24491/10
'5
The Board of Trustees shall have the right to cancel a Participant's membership in
the Association upon a two - thirds (2/3) vote of the entire Board of Trustees for those Participants
taking part in any program whereby Participants assume risks from losses on a group pooled basis.
Grounds for such cancellation shall include failure to conform to loss prevention or safety
programs; failure to adhere to material provisions of the Cooperative Participation Agreement or
default in performance of obligations under said Agreement; failure to meet underwriting standards
established by the Association; insolvency of the Participant; or such other condition as the
Association, acting through the Trustees, shall determine and incorporate by agreement. For any
program whereby Participants purchase coverage on a group basis, the Participant's membership in
that program may be canceled in accordance with the applicable insurance policy and Cooperative
Participation Agreement.
ARTICLE 6 - BOARD OF TRUSTEES
Section 1 - Function
The Association shall be governed by a Board of Trustees. The Trustees shall
operate the Association and administer the joint insurance arrangement on behalf of the Participants
pursuant to these bylaws and the CPA and shall be composed of the number of trustees appointed in
the manner hereinafter set out, and shall have the functions, powers, and duties hereinafter set forth.
Section 2 - Membership
(a) The Board of Trustees will consist of seven members appointed by the AML
Board of Directors for two -year staggered terms, and two members appointed by the AML/JIA
Board of Trustees for two -year staggered terms. Each Trustee shall hold office until the annual
meeting at which his or her successor is appointed. The Trustees will consist of the following:
(i) Two (2) AML Board members; and
(ii) seven (7) individuals, including appointed or elected officials from
local public agencies appointed for their expertise in insurance, finance administration, risk manage-
ment, law, or other areas of expertise deemed appropriate by the AML Board.
(b) The Executive Director of the AML shall serve as an ex- officio, nonvoting
member of the Board of Trustees for a term concurrent with his or her tenure as the AML Executive
Director.
AML/JIA Bylaws Page 6
7/2-991/10
(c) Not fewer than five members of the Board of Trustees, including at least one
of the Trustees appointed by the AML/JIA Board of Trustees, shall be representatives of
Participants. Consideration shall be given to geographic and population distribution when Trustees
are appointed.
(d) Individuals interested in serving on the Board of Trustees must submit a
completed application in a form approved by the Trustees not less than ninety (90) days before the
annual meeting.
Section 3 - Officers of the Association
(a) Chairman and Vice Chairman. The Trustees shall elect a Chairman and Vice
Chairman of the Association at its first meeting, each to hold office for a one -year term and until a
successor is elected. Thereafter at the annual meeting of each succeeding calendar year, the
Trustees shall elect or re -elect the Chairman and Vice Chairman for the ensuing year. In the event
the Chairman or Vice Chairman so elected ceases to be a member of the Board of Trustees, the
resulting vacancy in the office of Chairman or Vice Chairman shall be filled at the next regular or
special meeting of the Trustees held after such vacancy occurs. In the absence or inability of the
Chairman to act, the Vice Chairman shall act as Chairman. The Chairman, or in his or her absence,
the Vice Chairman, shall preside at and conduct all meetings of the Trustees and shall be a member
and the Chairman of the Executive Committee.
(b) Administrator. The Administrator shall have the general administrative
responsibility for the activities of the Joint Insurance Arrangement and shall retain all necessary
employees thereof. The Administrator need not be a member of the Board of Trustees.
(c) Treasurer. The Treasurer shall be appointed by the Trustees and shall be a
person other than the Administrator and shall not be a member of the Board of Trustees. The duties
of the Treasurer are set forth in the Cooperative Participation Agreement.
(d) Secretary. The Secretary of the Board of Trustees shall be appointed by the
Trustees and shall be a person other than the Chairman or Vice Chairman, and need not be a
member of the Board of Trustees. The Secretary shall be responsible for keeping and maintaining
minutes of the meetings of the Participants and Trustees of the Association, and other records,
contracts, and documents pertaining to the Association.
Section 4 - Quorum
AML/JIA Bylaws Page 7
1 7/23491/10
At all meetings of the Trustees, the presence of a simple majority of the membership
of the Board of Trustees shall constitute a quorum. An affirmative vote of a simple majority of the
membership of the Board of Trustees shall be required to pass any motion, except as to those
matters for which a greater majority is specified in these bylaws or by contract.
Section 5 - Meetings
The Trustees shall meet at least once per calendar quarter and at such other times as
determined by the Trustees. Special meetings shall be held whenever called by the Chairman or at
the request of three Trustees.
(a) Minutes. The Trustees of the Association shall cause minutes of regular,
adjourned regular and special meetings to be kept and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Board of Trustees. Copies of
the minutes shall be made available to each participant upon request.
Section 6 - Notice
Written or telephonic notice of at least five working days shall be sent to each
Trustee prior to any meeting, unless waived. Notice shall be deemed given on the day notice is sent.
Telephonic notice shall be confirmed by letter, telegram or other comparable electronic or written
communication. Any Trustee may waive notice in writing either before or after the date of the
meeting, and if such waivers are received from all Trustees not present, any action taken at the
meeting shall be valid as though due notice had been given.
Section 7 - Open Meetings
Meetings of the Trustees shall be open to all participating members except the
Trustees may hold closed, executive sessions for claims, personnel, litigation or any matter the
immediate knowledge of which would adversely affect the fmances of the JIA or any of its
Participants, or subjects that tend to prejudice the reputation and character of any person, or matters
which are required to be confidential pursuant to law.
Section 8 - Telephonic Meetings
Any meeting which has been duly noticed and which could properly be held by
Trustees attending in person, may, at the discretion of the Chairman, or at the request of at least
three Trustees, be conducted via conference telephone or similar means of simultaneous electronic
communication.
Section 9 - Vacancy
AML/JIA Bylaws Page 8
1 7/91/10
Any vacancy on the Board of Trustees occurring by reason of an increase in the
I number of Trustees or the death, resignation, disqualification, removal, the inability to act of any
Trustee or otherwise, shall be filled for the unexpired portion of the term by a majority vote of the
body (either the AML Board of Directors or the AML /JIA board of Trustees) that appointed the
Trustee whose vacancy is to be filled or that is otherwise charged by these Bylaws with appointing
the Trustee, at any regular or special meeting of the appointing body.
Section 10 - Resignation
Any Trustee may resign at any time by giving written notice to the Board of
Trustees, to the chairman or secretary of the Association, and to the Executive Director of the AML.
Unless otherwise specified in such written notice, such resignation shall take effect upon receipt
thereof by the Trustees or such officer, and the acceptance of such resignation shall not be necessary
to make it effective.
Section 11 - Removal
Any Trustee appointed by the AML Board of Directors may be removed with or
without cause at any time by an affirmative vote of three - quarters (3/4) of the AML Board of
Directors at a regular or special meeting called for that purpose. Any Trustee appointed by the
AML/JIA Board of Trustees may be removed with or without cause at any time by an affirmative
vote of three- quarters (3/4) of the AML/JIA Board of Trustees at a regular or special meeting called
for that purpose. Any Trustee subject to such removal shall be given not less than 10 days written
notice of the fact that the issue of his or her removal shall be decided, and of the date, time and place
of such meeting, and shall be afforded an opportunity to present written or verbal comment upon the
proposed action prior to any decision thereon.
Section 12 - Compensation
The Trustees shall serve without compensation, but shall be entitled to
reimbursement of actual and reasonable expenses incurred in the performance of their official duties
upon approval of the Trustees. The Association reserves the right to make reservations or prior
arrangements for such expense items as airlines and hotels, and to establish a per diem rate or
allowance to cover other incidental expenses.
Section 13 - Bonding
1 AML/JIA Bylaws Page 9
7/91/10
The Trustees may obtain, and expend Association funds to maintain such fidelity
bonding or employee or directors' errors and omissions, malfeasance or misfeasance insurance
coverage as is deemed appropriate.
ARTICLE 7 - POWERS AND DUTIES OF THE BOARD OF TRUSTEES
The Trustees may establish and manage any joint insurance funds, pools, policies
and other services contemplated in these bylaws, and may:
(a) Prepare specifications, request bids, and enter into any contract for the
purpose of underwriting, administering or providing any services to the joint insurance funds or
their Participants, policies or services contemplated in these bylaws.
(b) Determine the rates, risks, benefits and terms of participation in the joint
insurance funds, policies or services contemplated in these bylaws; adjust the rates and benefits
based on claim experience and file such rates and terms as required by law.
(c) Provide for individual or collective underwriting or other agreements for
Participants in any joint insurance fund, policy or service contemplated by these bylaws; serve as
the policyholder of any group policies; determine the methods of claims administration and
payment, consistent with law; determine extent of loss prevention required; provide claims
experience reports for Participants collectively or separately; pool or purchase excess insurance and
reinsurance.
(d) Determine the amount of contributions or appropriations required from
Participants for the purpose of participating in any part or all of the joint insurance funds, policies or
services established pursuant to these bylaws.
(e) Establish standards for eligibility of Participants in any joint insurance fund,
policy or service, and procedures for enrollment and withdrawal in any joint insurance fund, policy
or service; and establish effective dates of coverage.
(f) In accordance with a Cooperative Participation Agreement filed with the
Director of Insurance, provide for the administration of any joint insurance fund established
hereunder, for the manner of payments to such joint insurance fund or funds, policies or services
which may be established, and establish procedures for safekeeping, handling and investing such
joint insurance fund or funds and any monies received or paid. With respect to each fund, claim
AMZ/J1A Bylaws Page 10
7/991/10
80
reserves are to be accounted for by policy year for incurred but not yet paid, as well as incurred but
not reported, losses.
(g) Define the duties of the employees of the Association, particularly an
Administrator or Insurance Manager and establish record requirements for the Association to enable
the correct billing of contributions and fees, enrollment of Participants and their employees, and
payment of claims.
(h) Serve as or appoint an appeals body for complaints of Participants and their
employees regarding allowance and payment of claims, eligibility and other matters (subject to the
jurisdiction of the workers' compensation commission and other governmental agencies having
jurisdiction), and establish procedures for grievances of Participants and their employees.
(i) Study the operation of joint insurance funds, policies or services, gross and
net costs, administrative costs, benefits, utilization of benefits and claims administration.
(j) Incur expenses, acquire and hold personal and real property, and enter into
agreements necessary to accomplish the purposes of these bylaws; exercise the full power and
authority of any Participant of the Association with respect to risk management matters when
required to do so by contract with the Participant; or otherwise provide for necessary activities to
accomplish the purposes of these bylaws.
(k) Contract for such professional services as it may deem necessary and fix the
time, manner, and payment therefore.
(1) Contract with any qualified organization to perform any of the functions
necessary for the carrying out of a joint insurance arrangement, including excess loss insurance or
reinsurance, handling of claims, loss prevention and control services, administrative services and
any and all other services that the Trustees shall deem expedient for the proper servicing of those
Participants who use the services of the Association.
(m) Provide for proper accounting and reporting procedures for each of the
Participants so that it shall be apprised at all times of the nature of the claims arising within its
jurisdiction, the manner in which these claims are being handled, and the impact of the same upon
the joint insurance.
(n) Provide for annual audit of the books of the Association by certified public
accountants and provide a copy of such audit to each Participant and to the Legislative Budget and
Audit Committee pursuant to statute.
AML/JIA Bylaws Page 11
7/91/10
(o) Annually provide for a review of its operations and general condition by a
recognized, independent, actuary who is a member in good standing of the American Academy of
Actuaries, including a determination that the actuarial assumptions used for establishing reserves in
any joint insurance fund are sound, and provide a copy of such review to the Legislative Budget and
Audit Committee.
(p) Provide for a detailed report of the operation and condition of each joint
insurance fund or funds, within sixty (60) days of the end of the fiscal year, to be filed with the
Director of Insurance, in accordance with accounting principles established by AS 21.76, and be
available for public inspection, pursuant to AS 21.76.080.
(q) Terminate membership of any Participant which fails to abide by the
requirements of the Board concerning: payment of the annual deposit contribution and any other
contributions, installation of safety requirements, accounting and reporting, claims administration,
compliance with other risk management standards, cooperation with the claims agents or attorneys
representing the Association or any of the Participants; or terminate membership of any Participant
which, in the judgment of the Trustees, acts in a manner detrimental to the fiscal soundness or
effectiveness of the Association.
(r) Develop and prepare Cooperative Participation Agreements to be signed by
each Participant as it joins the Association.
(s) Determine the amount of insurance, if any, that shall be purchased by the
Association insofar as catastrophic coverage, excess loss coverage, stop loss or other types of
coverage.
(t) Require the securing of a fidelity bond or similar insurance coverage upon
each and all of the employees of the Association and upon other persons charged with the duty of
handling any of the monies or investments of the Association.
(u) Pay claims by, to, or on the behalf of Participants, including claims made
against Participants.
(v) Borrow money to carry out purposes of these bylaws and of the Association.
(w) Lend money from one joint insurance fund it administers to another it
administers on such terms and conditions as it may determine.
(x) Review, modify, if necessary, and approve the annual operating budget of
the Association.
AML/JIA Bylaws Page 12
7/x}91/10
82
(y) Invest money held by a joint insurance fund as reserves and money not
needed for daily operations.
(z) Exercise all of the powers necessary or desirable to carry out the purposes of
the Association or the specific powers enumerated in this article. All material contracts, leases and
ARTICLE 8 - CONTRIBUTION OF MEMBERS,
COVERAGE LIMITS, RETENTIONS AND EXCESS INSURANCE
The Trustees shall establish a method for determining contributions to joint
insurance funds using the following guidelines:
(a)
(b) Each joint insurance fund shall maintain a reserve for contingencies. The
reserve for contingencies may be advanced to the fund and placed at risk by the Participants
contributing to the fund. The Trustees shall determine the exact amount of the reserve, subject to
time. The Association may pay interest to Participants on their respective reserve for contingency
(c) No joint insurance fund shall commence sharing of risks until the
Association shall have received contributions from Participants in the amount required by the Board
of Directors.
(bd) The Trustees may establish a deductible or retention for each Participant.
(ce) The Trustees shall establish the amount of liability with respect to claims
against its Participants which each fund shall assume.
(df) Each joint insurance fund may obtain excess insurance or reinsurance with
respect to claims against its Participants which each joint insurance fund shall assume.
(eg) Each joint insurance fund may obtain excess insurance against aggregate
fund liability for all claims as determined by the Trustees.
AMI/JIA Bylaws Page 13
1 7/2-3/991/10
`fh) Each Participant or former Participant of a joint insurance fund shall be
responsible as determined by the Board of Trustees for additional contributions or assessments to
the fund in the event as to any coverage year, losses (including incurred but unreported or unpaid
losses) and expenses exceed the annual deposit contribution and income earned on such contribu-
tions. A former Participant shall be responsible, under this section, for its proportionate share of
additional contributions or assessments only for losses and expenses attributable to the time period
of its participation in the program; however, there shall be no time limitation on former Participant
liability under this section. Participants taking part only in a group purchase program, however,
shall not be responsible for additional contributions due to a deficit in the risk - sharing program.
Such additional contributions shall be determined by the Trustees based upon each Participant's
proportionate annual deposit contribution in comparison to the aggregate annual deposit
contributions of all Participants - for those Participants taking part in a program whereby risks from
loss are shared on a group basis. For Participants taking part only in a group purchase program,
such additional contributions, if any, may be based on their proportionate annual deposit
contribution or other factors. The Trustees shall establish the amount of additional contributions
which may be required from any Participant. - - . - .. - .: , : • - : , • • . • -
fund, the amount shall not exceed a specified percentage of the Participant's contribution for the
(gi) Annual deposit contributions of Participants shall be determined by the
Trustees on the basis of each joint insurance fund's insurance provided, reserve for contingencies,
reserve for losses, cost of excess insurance, cost of conventional insurance for each Participant,
claims experience, administrative costs, any catastrophic loss reserve funds, rate stabilization funds,
or excess loss funds established by the Trustees, and other pertinent factors.
ARTICLE 9 - ADMINISTRATION
Section 1 - Administrator
The Trustees shall appoint an Administrator to serve as chief executive officer of the
Association. The Administrator shall have the general supervisory control over the day -to -day
decisions and administrative activities of the Association.
AMUJIA Bylaws Page 14
1 7/991/10
84
Section 2 - Employees /Contracts for Services
The Trustees may appoint such other officers or employees and employ or contract
with the AML or other persons or entities for such administrative, planning, research or other
services upon such terms as may be necessary or in the Trustees' judgment desirable to carry out the
purposes of these bylaws and of the cooperative participation agreements.
Section 3 - Hiring / "Borrowing" of Employees
The Administrator shall have the power to hire such persons as the Trustees
authorize for the administration of the Association, including the "borrowing" of management -level
or clerical employees from the AML and/or one or more of the Participants to assist in the
development phase or subsequent administration of the Joint Insurance Arrangement of the
Association, subject to the approval of the Participant. Any Participant whose employee is so
"borrowed" according to this provision shall be reimbursed by the Association for that employee's
time spent or services rendered on behalf of the Association.
ARTICLE 10 - COMMITTEES
Section 1 - Executive Committee
The Board of Trustees may appoint an Executive Committee of the Board of
Trustees which shall consist of an odd number of not less than three nor more than five Trustees, as
determined by the Board of Trustees. Two of the members of the Executive Committee, if
established, shall be the Chairman of the Board of Trustees, and the nonvoting, ex- officio member
from the AML; the remainder of the members, after their original election, shall be elected by the
Trustees at the same time the officers of the Board of Trustees are elected at the annual Association
meeting each calendar year. The Chairman of the Association shall serve as the Chairman of the
Executive Committee. The Board of Trustees may delegate certain powers of the Trustees as
outlined in Article 7 to the Executive Committee, as it deems appropriate.
The Executive Committee or any other Board committee established by the Trustees
may not take any action contrary to previous action of the full Board of Trustees nor make any
decisions that would require an amendment of, or be inconsistent with, the Bylaws or Cooperative
Participation Agreement. The Trustees may review all acts of the Executive Committee, or any
other Board committee established by the Trustees and shall have the power to modify and/or
override any decision or action of the Executive Committee or any other committee upon a majority
vote of the Board of Trustees.
1 AML/JIA Bylaws Page 15
7/2-3/991/10
85
Section 2 - Other Committees.
In addition to an Executive Committee, the Board of Trustees may establish and
appoint Trustees to such other committees as the Board from time to time may deem necessary.
Any committees other than the Executive Committee shall consist of an odd number of not less than
three nor more than five Trustees as determined by the Board. The Board of Trustees may delegate
certain powers of the Trustees as outlined in Article 7 to any such committee established by the
Trustees as it may deem appropriate.
AML/JIA Bylaws Page 16
1 7/23/991/10
86
/
f
ARTICLE 11 - INDEMNIFICATION OF
TRUSTEES, OFFICERS, EMPLOYEES, AND AML
The members of the Board of Trustees and officers and employees of the
Association shall use ordinary care and reasonable diligence in the exercise of their powers and in
the performance of their duties for the Association and shall not be liable for any mistakes of
judgment or other action, taken or omitted by them in good faith; nor for any action taken or omitted
by an agent, employee or independent contractor selected in good faith by them or any of them; nor
for loss incurred through investment of Association funds or failure to invest. No trustee, officer or
employee shall be liable for any action taken or omitted by any other officer, Trustee, or employee.
The Association shall defend, indemnify and hold harmless each Trustee, officer, and employee for
expenses, including attomey's fees, and the amount of any judgment, money decree, fine, penalty or
settlement for which he may become liable by reason of his being, or having been, a Trustee, officer
or employee of the Association who exercises powers or performs duties for the Association, except
in relation to matters as to which said Trustee, officer of employee is finally adjudged in any action,
suit or proceeding to be liable for failure to act in good faith in the performance of his or her duties
as such Trustee, officer, or employee.
ARTICLE 12 - FISCAL YEAR
The fiscal year of the Association shall commence July 1 of each year and end June
30 of the succeeding year, or as determined by the Board.
ARTICLE 13 - ENROLLMENT
Any local public agency which that is a member in good standing of the AML and
is otherwise qualified to participate in the Cooperative Participation Agreement may enroll as a
Chartcr Participant of the AML Joint Insurance Association. A Chartcr prospective Participant
must sign the . . - . • . -. • ... . - • - - - - - Cooperative Participation Agreement in
order to become a Participant. prior to its initial effective date. The Trustees may provide such
incentives to encourage charter participation as it deems appropriate_, • - .. • - _ • :. . . .
AML/JIA Bylaws Page 17
7/991/10
67
ARTICLE 1484 - WITHDRAWAL FROM PARTICIPATION
A Participant may withdraw from the Association, subject to the provisions of these •
bylaws and of the Cooperative Participation Agreement. • ' :.. : :. . :
_ .. - • .... • .. - ... . : • - • : - • - - , except that Participants enrolled only in a
group purchase program may withdraw in accordance with the applicable insurance policy and
Cooperative Participation Agreement. The required three year period commences on July 1, 1988
for Participants executing the Agreement prior to that date and on July 1 of the calendar year in
which coverage commences for Participants executing the Agreement on or after July 1, 1988, •- ... .. ... - : ... _. .. - ._b'. _ ... - ... •
- - ... • .. " • - . - .. . Any withdrawal by a Participant
shall be effective only at the end of the fiscal year, and only after giving the Association not less
than six (6) months written notice of intent to withdraw. V- - - - - - _ . • - .. . -
- . . .. _ - . • -- - - . These limitations on the time and notice required for withdrawal
shall not apply to Participants taking part only in a group purchase program. Those Participants
may withdraw according to the applicable Cooperative Participation Agreement and insurance
policy. Such withdrawal shall not exonerate a withdrawing Participant from liability incurred
during the term of its participation, or pursuant to the Cooperative Participation Agreement.
ARTICLE 1545 - DISSOLUTION
In the event of a dissolution of the Association, but only after the payment, or
provision for, all debts, claims and liabilities, any remaining assets shall be paid over to the these
local public agencies who have been Participants at the time of the tit some timc during the three
year period preceding the dissolution date established by the ReafdTrustees, in proportion to their
respective total contributions to the Association during the three ycar period immediately preceding
the dissolution date established by the Board established by the Trustees and as provided in the
Cooperative Participation Agreement. Participants who have taken part only in a group purchase
program shall not share in the distribution of assets upon dissolution.
ARTICLE 1656 - AMENDMENTS
Section 1 Interim Amendment Proccdurc (until May 1, 1988).
AML/JIA Bylaws Page 18
7/x991/10
68
These bylaws may be amended by a vote of two - thirds (2/3) of the Trustees present
at any annual meeting, regular meeting, or special meeting of the Trustees called at least in part for
the purpose of amending the bylaws. Any bylaw amendment shall become effective immediately
unless otherwise stated therein. - ' : - • • - Board of Trustees may amend the
bylaws by motion approved by two thirds of the membership of thc interim Board of Tructces; i.c.,
prescribed by this section.
Upon thc approval of thc interim Board of Trustees, thc amendment shall be sent by
of thc Participants within fifteen (15) days after the Participants' receipt of said amendment. In no
•'approval has expired.
Section 2 Amendment Procedure after May 1, 1988.
(a) Initiation of Amendment.
: :.. - ._ .
paragraph (b), below.
• .. • - Board of Trustees. Upon motion duly passed by
- - - . - - - - , . .. - - - - - : - .. • .
dance with paragraph (b), below.
(ii) Presentation by any Designated JIA RQprescntative. Any proposed
. - -- _.. _ .. b . .• . - - . - - - - •- .
AML/JIA Bylaws Page 19
1 7/24/9P1/10
09
and return it to the Board for further consideration.
(b) Presentation to Participants.
(i) Amendment Presented by JIA Representative or by thc Board of
prepared, and the Trustees will present any such amendment to the Participants at the annual
mccting or a special meeting, along with thc written statements and ba _ . - - - _ . . _ .
if they wish to accept thc amendment, and the local public agency will formally pass a resolution to
accept or rcjcct, and return it to the Trustees as its official vote.
(ii) Amendment if Form Unacceptable to Trustees. Any Participant will
meeting, even if the Trustees do not judge the amendment to be in acceptable form, if such •
:. ... . - - . . . . .. . _. : - . . . _ - . - - - . - . - - - • :. , . .
(c) Amendment Procedure. Any amendment to the bylaws proposed under thin
. - b _ . • . .. . •' .. . _ _
rights, unless such rights arc modified by mutual consent.
ARTICLE 17 - OFFICE
The principal office of the Association shall be in such location as the Trustees shall
decide within the State of Alaska. The Association may also maintain offices at such other places
within Alaska as the Trustees may from time to time determine.
ARTICLE 18 - OFFICIAL SEAL
The Trustees of the Association may adopt an official seal in such form as they may
determine, which seal may be affixed to official documents of the Association.
The undersigned certifies the foregoing bylaws have been adopted as the amended
bylaws of the Association.
DATED this day of , 1999.2010
AML/JIA Bylaws Page 20
1 7/991/10
90
CHAIRMAN
ATTEST:
Secretary
AML✓JIA Bylaws Page 21
7/91/10
91
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO MAKE AN
ADDITION TO THE FORT RAYMOND GENERATOR PROJECT NOT TO
EXCEED THE AMOUNT OF $265,000 TO CONNECT AND COMMISSION
GENERATOR N2
WHEREAS, the scope of the original project changed to not connect or commission
generator N2; and
WHEREAS, additional funds were allocated in the 2010 and 2011 budget to continue work
on the Fort Raymond generator project after the initial scope of work was completed; and
WHEREAS, the cost to use Unit Company to connect and commission generator N2 will be
less than hiring additional contractors or rehiring Unit Company to come back at a later date and
complete the work; and
WHEREAS, not proceeding ahead at this time will delay connecting and commissioning
generator N2 until the next winter season; and
WHEREAS, with both generators N1 and N2 online the electric department can start making
preparations to move generators 4 and 5 from arctic packs into the new building.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. the City Manager is authorized to make a change order to the contract with Unit
Company for the Fort Raymond generator project in the amount of $265,000 for connecting and
commissioning generator N2.
Section 2. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of
March, 2010.
92
Council Agenda Statement
Meeting Date: March 22, 2010
e , of sett,
To: Phillip Oates, City Manager�� v l'i 40 0
From: John Foutz, Electric Utility Manager P
BASK
Agenda Item: $265,000 for commission of generator N2
BACKGROUND & JUSTIFICATION:
As work continues on the Fort Raymond generator plant it is cost effective to establish a change
order with Unit Company to connect and commission generator N2. This is the second of the two
generators purchased for installation in the new generator building. Funding in the original scope of
work was insufficient to connect and commission the second generator.
The shortfall in funding was a result of decisions during final review of the project to change the
building location, construct a larger generator building, and add various mechanical and electrical
modifications. Funding in the initial contract was sufficient to place generator N2 on its new
foundation but insufficient for assembling the wiring and piping and completing commissioning.
As a result ofthe project changes and modifications the City of Seward compared different courses of
action to connect and commission generator N2. The analysis revealed that the use of the current
onsite contractor (Unit Company) would reduce mobilization and demobilization costs and save
money. As a result of this analysis, funding was budgeted in 2010 to establish a change order with
Unit Company in the amount of $265,000 to accomplish this work. These funds were budgeted in
account 501 -5400 -5925.
By allocating additional funding at this time to the project, the commissioning of generator N2 will
occur before next winter. Once commissioning is complete the Electric Department will begin moving
generator 4 and then generator 5 from arctic packs into the new building. The staff of the Electric
Department will complete this work. Having 5 ofthe 6 2.5 MW generators available during the final
stages of the project will provide sufficient generation and reserves to handle peak load requirements.
Once all 6 generators are online the Electric Department will have the capability to provide
emergency power beyond the existing electric service area.
INTENT:
The intent is to use funding budgeted in 2010 to connect and commission generator N2 before Unit
Company completes the current scope of work and departs the site.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies: Yes
93
1
FISCAL NOTE:
The eventual need for this funding was anticipated and budgeted for in the 2010/2011 budget under
the electrical fund 501 -5400 -5925.
Approved by Finance Department: , . /,
1
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
1
Seward City Council approve Resolution 2010- authorizing the City Manager to initiate a change
order to the Fort Raymond Generator Project in the amount not to exceed $265,000 with Unit
Company for the intent of connecting and commissioning generator N2.
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -028
A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, ADOPTING A SURVEILLANCE CAMERA
POLICY
WHEREAS, the City of Seward has used surveillance cameras as a protective measure
and a deterrent since the current system was installed in 2004; and
WHEREAS, the age of the system and cameras currently in place limits their
technologically capabilities and usefulness; and
WHEREAS, in April 2009 Seward City Council instructed administration to draft a
policy for the installation and use of surveillance cameras in public places; and
WHEREAS, when used properly surveillance cameras help to lower crime and protect
critical, expensive infrastructure as well as public and private property; and
WHEREAS, funding is currently available to obtain new cameras and upgrade the
existing surveillance system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City of Seward surveillance camera policy attached to this resolution is
hereby approved.
Section 4. 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 day of March 2010.
COUNCIL AGENDA STATEMENT
Meeting Date: March 22, 2010
Through: Phillip Oates, City Manager 7 \s
44.ASKP
From: Tom Clemons, Chief of Police
Agenda Item: A Resolution Adopting a Surveillance Camera Policy
BACKGROUND & JUSTIFICATION:
In April of 2009 City Council directed administration to draft a policy regarding surveillance
cameras. That policy is attached for Council approval.
Since 2004 the City of Seward has had a system of eight surveillance cameras in the harbor and
SMIC Areas. These cameras were installed to help protect City infrastructure and property and
deter crime. Initially crime, such as vandalism, was reduced in these areas even when cameras
were inoperable. When used properly surveillance cameras help to lower crime and protect
critical, expensive infrastructure.
Seward's challenging weather has led to a number of current cameras being inoperable or poorly
functioning. Many existing cameras are in need of repair, replacement, or upgrade. The entire
system is technologically outdated and should be overhauled and expanded.
The Police Department has funding available to upgrade the current system and with passage of
this resolution and approval of the new policy, the Police Department will begin those
improvements.
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.
INTENT:
This resolution requests that Council approve a Surveillance Camera Policy.
ATTORNEY REVIEW: The City Attorney reviewed the Surveillance Camera Policy.
FISCAL NOTE:
Seward Police Department has granted funding on -hant to .tart improvements to existing
cameras and system.
Approved by Finance Departmen ' 90 .
RECOMMENDATION:
Approve Resolution 2010- approving the City Surveillance Camera Policy.
oa%
96
City of Seward
Surveillance Cameras Policy
I. PURPOSE
The placement of surveillance cameras in the City of Seward area will contribute to public safety for
residents and visitors by employing a system that incorporates modern technology for video monitoring,
storage, and retrieval. This system will improve the Department's awareness of public safety emergencies,
help prevent and detect criminal activities, and support the apprehension and prosecution of those
responsible for unlawful activities. This "smart- policing" technology, combined with the confidence and
trust of our residents, can help to improve public safety.
This policy establishes rules for employing and using the surveillance system, achieving program goals,
and protecting the rights all citizens have for privacy.
II. DESIGN SPECIFICATIONS
A. The video surveillance system used by the City of Seward Police Department will utilize multiple
fixed and adjustable cameras focused on predetermined Areas in public places. Cameras shall be situated
in a manner and location that will maximize the field of view of public areas to protect infrastructure and
improve public safety. Camera placement will minimize the potential and inadvertent capture of images
from areas where a reasonable expectation of privacy exists.
B. In any location where the view of any camera may compromise a citizen's privacy expectation the
Chief of Police or \designated staff, shall review the camera's location to relocate the unit or employ
window - blanking technology to eliminate the potential for video intrusion. All findings will be reported
in writing to the City Manager.
C. The system shall be equipped with Pan, Tilt, and Zoom (PTZ) cameras that allow operators to
manipulate the framing or focal length of a video image only for the specific purpose of monitoring
suspicious persons or activities or as the result of a Call- For - Service (CFS).
D. The City of Seward MIS Department in coordination with the Police Department will have
authority to install, service, and maintain the surveillance camera system.
III. RACIAL PROFILING/NONDISCRIMINATION
No operator shall select any person for observation in view of the surveillance camera system based
solely on their race, ethnicity, or sex. The surveillance camera system shall only be used for purposes
directly related to public safety, infrastructure protection, or authorized internal or criminal investigations.
The surveillance camera system shall not be used to track individuals arbitrarily, or based on race, gender,
ethnicity, sexual orientation, disability or other classifications protected by law.
Operators shall make specific observations of individuals based only on articulable reasonable suspicion
that the person may be or may have been involved in criminal activity, or as the result of a Call-For-
Service to law enforcement for criminal activity in the area of the camera's viewing parameters.
Page1of3- 57
Approved by Resolution 2010 -028 on March 22, 2010
IV. STORAGE/RETRIEVAL OF IMAGES
Video images captured by the surveillance system will be automatically recorded over after 31 days
unless the Department or other law enforcement agency submits a request to review the captured images
for a legitimate criminal investigation. Access will be limited to those individuals described in Section VI
below.
V. IDENTIFYING MONITORED ZONES
The City of Seward surveillance camera system shall be equipped with capabilities that provide an audit
trail of system use and user access. The Chief of Police and designated staff will investigate complaints of
improper use of the system. All findings will be reported in writing to the City Manager.
VI. USER ACCESS
Authorized users will be limited to those police employees with a specific, ongoing need to access the
system for the purpose of crime prevention and the detection, identification, or apprehension of
individuals as a result of a safety emergency response or authorized criminal investigation. All users
require the approval of the Chief of Police or the Acting Chief of Police.
All persons designated as authorized system users shall receive training and a unique user identification in
order to access the system. Images stored on servers shall only be accessed and retrieved by authorized
system users, after approval of the Chief of Police, in response to public safety emergencies, authorized
internal or criminal investigations, or legally requested copies under of the Public Information Act.
The Police Department will charge a $30 fee for legally requested copies of surveillance camera footage.
VII. UNUSED VIDEO DATA
Video data that is not retained for evidentiary purposes, public safety reasons, or as a result of a court
order will not be reproduced, distributed, provided, or shown to other persons without approval of the
City Manager.
IX. VIDEO DATA AS EVIDENCE
Video data retained for evidentiary purposes shall only be reproduced for the purpose of case filing and
pre -trial discovery with the approval of the District Attorney. All copies will be accounted for in the
Department's Evidence storage system.
The City of Seward surveillance camera system will be randomly audited, to ensure that the system is
being used appropriately.
X. PAN, TILT & ZOOM (PTZ) CAMERA USAGE
A. All active observation operations employing PTZ cameras shall be done as the result of specific
articulable probable cause.
— Page 2of3—
Approved by Resolution 2010 -028 on March 22, 2010
B. PTZ camera operators are responsible for protecting the public's right to privacy.
C. PTZ camera operators are forbidden from looking at non - public areas and areas in which there is
a reasonable expectation of privacy.
D. PTZ camera operations will be audited for misuse violations.
E. PTZ camera images and operators are subject to the all the items in this policy.
XI LOCATION OF CAMERAS
City Council approval is required of all surveillance cameras locations in areas other than the critical
infrastructure identified in the latest vulnerability assessment for the City of Seward from Alaska
Homeland Security. Any exception to this requirement for covert surveillance requires the approval of the
City Manager who will notify the mayor. Exceptions could also occur as directed by court order.
XII. POLICY VIOLATIONS
Unauthorized access to the City of Seward surveillance camera system, misuse of the camera system,
unauthorized reproduction of surveillance camera images, or unauthorized distribution of camera images
by city employees will result in disciplinary action that includes the possibility of termination from
employment.
59
Page 3 of 3 —
Approved by Resolution 2010 -028 on March 22, 2010
City of SewarcZ Alaska City Council Minutes
March 08, 2010 Volume 38, Page
CALL TO ORDER
The March 08, 2010 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Vice -Mayor Jean Bardarson.
OPENING CEREMONY
Police Lieutenant Tiner led the pledge of allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson Presiding and Lin•:.' : ° : g
Vanta Shafer B_. 3 e al. tta
Marianna Keil
comprising a quorum of the Council; and
Phillip Oates, City Mana :,
Jean Lewis, City Clerk .
ABSENT — Mayor Willard Dunham, Tom o Q n, k w;,
CITIZENS' Clerk ■ =41110
.a p� : , NY SUB ti EXCE ' THOSE ITEMS SCHEDULED
FOR PUBLIC HE ,! f k�.n 2010 - 022. Thi char
Keith Campbell s`� Resol change order would allow g
for manage ,,,, , •e next , e o iN'lecF useum project and an RFP to screen general
contracto d � e . '. E - cost ` - 4' : • items. ampbell wanted this general contractor on board as
soon . ; '• ssible. He n. ,: loe fun• , s - re , oming from the Library/Museum Building Committee
and , . < ' , E . hrough the ci e urge. ,,,, � cil to extend their contract.
APPROVA ��., AGENDA ' D CONSENT AGENDA
,
Motion (Keil/Am s ; e r Approval of Agenda and Consent Agenda
The following was p - d and postponed from the agenda due to weather:
• Jesse Lee Home Stabilization Report was given by John Conway, Project Management
Engineer for the Friends of Jesse Lee Home.
• City Attorney Report
• Go into executive session to conduct the City Attorney's Evaluation.
Motion Passed Unanimous
100
City of Seward, Alaska City Council Minutes
March 08, 2010 Volume 38, Page
The clerk read the following approved consent agenda items:
The February 22, 2010 Regular City Council Meeting Minutes Were Approved.
Resolution 2010 -021, Authorizing The City Manager To Submit A Grant Application To The
State Of Alaska Historic Preservation Office To Construct An Iditarod Trail Centennial
Monument At Trailhead Park Requesting $36,380, Including $21,858 Federal Share And
$14,552 Applicant Share In The Form Of Cash Donations And In- a , 'nd Volunteer Labor.
Resolution 2010 -022, Authorizing The City Manager To Enter A Change Order With Rise
Alaska, LLC (Rise) For Professional Project Manage g ices For CM /GC RFP
Development And Solicitation Process Management F. The �( Located Library
Museum Facility, Accepting Granted Funds And Ap !, i �'ng Tw . °p , ix Thousand One
Hundred Dollars ($26,100).
SPECIAL ORDERS, PRESENTATIONS AN : ' ' s RTS
Proclamations and Awards - None
Borough Assembly Report, Sue a e stated she h • etings to report on. The
February 26, 2010 meeting appropriated t h , �- ,. head tax rn unanimously for Seward,
and Ordinance 2009 -052, which requested a yor a a nt in ead of Board appointment for
service area boards, was ously defeat:, ,, eve ission and board opposing it.
McClure also stated the • veyed ten a es for $2 fe "the Soldotna cemetery project to be
built and maintained!..; „ e city . meeting o arch 2, 2010, the borough extended the sunset
date on Ordinance whic •ealt with th he Seward/Bear Creek flood area. The
Floodplain Task Force w: -, e to hear r, and updates on the Ordinance 2009 -09
results, and .� �z ' disso � a , e tas € g t ° o extend the May 4, 2010 sunset date. She said
two culy `' ere .. - y fa d in t • lmon Cree area and the borough approved purchasing three
scrape ailroad cars a e A • road to use as bridges across three creeks in the Grey
Cli .' Point area. ure re ed there would be a public hearing on an ordinance to
amend th. prehensive ,‘ : to i elude Cooper Landing's Walkable Communities Project.
Ordinance 2 • 10 would e t a code of ethics for the borough assembly and Ordinance 2010 -07
which would °f r • orough l 'i keeping members from being on the assembly and a city council
seat, both should p
City Manag s Report, City Manager Phillip Oates stated the Bear Creek Fire
Department requested money from the Borough out of the cru ship head tax for equipment needs.
He said both the City of Seward and the Borough felt the tax was to go proportionately to the
communities where cruise ship's docked. Oates stated the Bear Creek Fire Department could make a
request to the borough for a state appropriation.
He also noted two items purchased under his spending authority. A contract in the amount of
$42,872.46 was approved with ProComm Alaska, LLC for the final equipment required by the Police
Department to complete the installation of the VOIP /PBX phone system which must be integrated
1 ot
City of Seward, Alaska City Council Minutes
March 08, 2010 Volume 38, Page
into the system. Funds used for equipment purchase were from the contingency built into the VOIP
project. Oates also intended to approve a 3 -reel wire trailer for $46,300. This piece of electrical
equipment was used to load wire cables into conduits 3 at a time, shortening work time, improving
personnel efficiency and reducing friction on the wires. This was a standard piece of equipment for
most utilities and the electric department had several jobs and/or projects scheduled this construction
season requiring this equipment including: Lowell Point Road, AT &T, and the Railroad Terminal.
Oates had distributed RFP selection criteria on March 3, 2, 0, which would solicit
transportation services in and around Seward to cruise ship passenger • • `' _ er visitors during the
summer tourism season from May 15, 2010 through Septembe 2010. The city would be
comparing proposals using the following criteria: age, conditio . • f coaches 20 %; customer
service 20 %; safety record 20 %; seating capacity and ADA - ssibi 4%. and Cost 30 %. He
stated there was no local preference with RFP's, just wit
> Haiti earthquake relief. The fundraising eff•� 'th em • oyees and coup. { - • ers raised
$595.00 with a matching dollar for dol �a ' �s �s�tion fr• • the City for d total of
$1,190.00..
> Alaska State Firefighters Conference. The city wo 5 nate $5,000 from the city manager's
contingency fund for their state '9 ; renne that woul•` • eld in Seward September 2010.
> Public Works. This department r ,� i • busy keepin: a, , • s sable during the recent • snow storms, had started a records. r •roject, w. g on spring projects and a
�
Water and Wastewater Master Pro t Lis ) hued ° oping work for the Federal
Transportation Earm funding, an d y to i _ ' - otice to Proceed to Prosser Dagg
for Phase I of th and Water ° age Tank ,. d Pumping Facility.
➢ Communi D A a; o • men ` v e National ' ' od Insurance Program congratulated the city for
its two step -ment ich would gi ' residents a 15% discount on their flood
insurance policies r t • � _ z .. % previo . y received. FEMA stated the City of Seward
woul• • •. prop. p . 1. Flood Insurance Program Maps distributed on
§ i
➢ iro Wada Me , 1 Ass • a =ion On Saturday, March 6, 2010 a reception was held at the
-1 Seward for a . jiro . Memorial Association delegation visiting Alaska from
Ja. n conjunctio 'th o is, this group hoped to bring marathon runners to Alaska to
•
parts gym in long di ce races in honor of adventurer and hero Jujiro Wada. Born in
Japan in �� , Mr. + a come to Alaska in 1892 and was a major influence on historical
events acro g S of Alaska. In 1909, sponsored by the Seward Commercial Club, Mr.
Jujiro Wada �i e of the individuals that linked the dog sled trails into the current Iditarod
Trail, luring g• seekers to Seward rather than Valdez.
In response to questions, Oates said baggage and transportation for cruise ship passengers had
been a long problem. This RFP provided the opportunity to have baggage taken between the two
venues with the objective being a better experience for the passengers. He reminded council the
passengers were essentially paying for this with the head tax money. Oates reported the AT &T
tower had an issue getting electricity to it and would be looked into as soon as the ground thawed.
102
City of Seward, Alaska City Council Minutes
March 08, 2010 Volume 38, Page
Mayoral Report. Vice -Mayor Jean Bardarson noted Mayor Dunham was called to Juneau
for a GRETC meeting. The state attorney general had been visited and he had more information to
report on what ARR and Aurora needed for their lawsuit.
NEW BUSINESS
Resolution 2010 -023, Proclaiming The City Of Seward As The Wellness Capital Of Alaska
And Authorizing The City Manager To Seek State And Federal Rec ! ' nition As The Wellness
Capital Of Alaska And Appropriate Funds For A Designated a ass Fund Under The
Seward Community Foundation And Seek Partners Fro •I,: tional Service Programs
(AmeriCorps And Vista) To Develop, Enhance And Imple I lness Initiatives Within
The City Of Seward.
Motion (Keil/Shafer) • . cf o rove' esolution 2 i! ; 123
Bardarson disclosed she had been approached this c ittee as a cif o ut was not
on it yet.
Council declared no conflict existed
s zµ
Oates summarized the City of Se • ed to foster w s for its citizens. This would
set an example of a progressive attitude. A , tf• • " �� wide well or -all group identified five
categories to target wellness for the commun ,, , t fu • : ing, model projects would be
implemented to create a nei ; • • • rhood wellnes. Thi ation would work towards state
and federal recognition t • available _ �° t oppo ies. He said Americorp and VISTA
would create a welln ;. ;. odel to italize on th ederal expertise. A fund would be set up with
the Seward Comm o i, ndatio �� An initial $5, o.1 nvestment would be needed to establish a
venue to encourage comp ty E _� • o sic inv ments towards wellness programs. Oates
explained mo � 9 � ves sh • com � m � a�, with one being individuals selected for a test to
receive a .. •s o � , Ea are 'aching opportunities. This could be applied for by citizens to
impro ellness. Oa orte• "L ' ad asked for a federal earmark to expand the primary
car z , a d hospital b. ' this .���$- am. He felt a council work session should be scheduled
for later. �y
Motion Passe I Unanimous
OTHER NEW BUS
fP
Discussion on priorities for road and sidewalk earmarks.
(A laydown of possible projects was presented).
Oates stated the city was working with Department of Transportation (DOT) on approving two
federal earmarks to use. With DOT timefr ames and workloads, roads could not be worked on until
2011. Oates thought of taking part of the earmarks this summer and using them for sidewalk
improvements. A lot of design work had to be done and roads could come next year. Oates would
bring a PowerPoint presentation to the council at the next meeting.
10 2
City of Seward, Alaska City Council Minutes
March 08, 2010 Volume 38, Page
Valdatta wanted water running in pipes under the sidewalks. He felt if approached, many business
owners would desire heated sidewalks.
Public Works Director W. C. Casey stated there were liability issues and questions about who was
responsible for repairs, etc. Casey would do more research on it. He did not think this project could
realistically get done until the fall at the earliest. He said the electric vaults under the sidewalks
needed to be leveled and replaced. He felt while tearing up the sidewal the curb and gutter may
come up also. He noted he had more work to do on sidewalk scopin
INFORMATIONAL ITEMS AND REPORTS (No action r� °��
Mayor letter to Governor Parnell re: assistance with co • t i lawsuit.
Mayor letter to Seward Team congratulating on N al Scien es Bowl.
Two City Manager letters written to Rep. Seaton and 4 en • n cruise sh • dredging and
passenger transportation.
Utility write -offs.
COUNCIL COMMENTS
Shafer said peo • -;;. pressing th happines 'th the Community Development
Department and she • liment - 'le staff on a ` od job.
Amberg thanked . • . Ib, • . " their wo on the city roads and thought they were doing
a great job w �, ,.I ount • ��:,• a�' e '�I �� d it took a lot of time and volunteers to bring a
conferen o 9 : ° se raffle on the 4 of July to win a new Harley Davidson bike.
wanted a reso , on A • eing sexual assault awareness month and a resolution of
support o ernor Parnel amp. against domestic violence.
Bardars „L • ted H. Davidson owners were putting on a rally June 10 -12, 2010. She
also thanked the ci "_ a-w 3•r their work on the roads. She also heard wonderful things about the
Community Develop epartment.
CITIZENS' COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
EXECUTIVE SESSION
Motion (Keil/Amberg) Go Into Executive Session To Provide
Direction To The City Attorney Relating
1.04
City of Seward, Alaska City Council Minutes
March 08, 2010 Volume 38, Page
To Exercising Eminent Domain Authority
To Take Private Property For Use Deemed
Necessary For The Japp Creek, North
Forest Acres Levee/Road Project.
Motion Passed Unanimous
Went Into Executive Session At 8:10 p.m.
Council Recessed for 5 minutes.
Present by telephone were:
d 3✓y tY
Cheryl Brooking, City Attorney
Kris Erchinger, Finance Director
fl �3
Vivian Dietz - Clark, Real Estate Services Manager for • R • . ska, Inc.
Came Out Of Executive Session At 9:12 p.m.
Motion (Keil/Shafer) Gave • ction To The City Attorney To
•; y E Bring A- �! lution To The Next Council
Meeting I��.� ro e Eminent Domain For
'ng The Pi ` : � se Easement On Tract B
.:_ a ra = /Gillespie Replat, Plus
1 ama o ( g The Remnants Of The Property
N� r
To The orth Of The Public Use Agreement.
Motion Passed ` � g unimous
ADJOURN
� e meeting w ) 9 urne a s .13 ..m.
Jean Lewis, CMC Jean Bardarson
City Clerk � Vice -Mayor
(City Seal)
1 9
CITY OF SEWARD • Main Office (907) 224-4050
o 5 • Police (907) 224 -3338
P.O. BOX 167 • Harbor (907) 224 -3138
SEWARD, ALASKA 99664-0167 -
n , • Fire (907) 224 -3445
• City Clerk (907) 224 -4046
March 3, 2009 • Community Development (907) 224 -4049
• Utilities (907) 224 -4050
• Fax (907) 224 -4038
House Finance Committee Co- Chairs
Rep. Bill Stolzte and Rep. Mike Hawker
State Capitol, Juneau, Alaska 99801 -1182
Dear Sirs,
Several weeks ago the House Finance — Administration Subcommittee deleted $150,000
from the State's proposed Department of Administration budget for maintaining the
Alaska Land Mobile Radio System. The committee directed the Department of
Administration to "collect [the funds] from the local users."
For nearly 15 years many have been striving to resolve the lack of interoperable
communications between public safety agencies. Alaska was the first state in the country
to adopt a fully interoperable `statewide' communications system, ALMRS. The issue of
local support (funding) to maintain this system has always been a contentious issue
within the ALMR Users Council.
The action taken by the Subcommittee has placed the adoption of ALMR by local
agencies at greater risk. The City of Seward is concerned that mandated fees for the use
of ALMR on local police departments, fire departments, and volunteer fire departments
may force the City of Seward to adopt one of two strategies to limit costs: (1) abandon
plans to join ALMR and maintain our legacy radio systems; or, (2) abandon our current
use of ALMR and return to the legacy system we retained as a back -up system. The
action taken by the Subcommittee endangers the future of public safety interoperable
communications in Alaska. Indeed, we would argue that the action will have a significant
adverse impact on overall public safety in Alaska.
The estimated "local user" cost for the City of Seward is $40.00 per radio per month.
That would amount to $12,480 per year for the Fire Department, $11,520 per year for the
Police Department, $4,800 per year for the Electric Department. The total cost to the
City, at current levels, would amount to $28,800.00 per year. When we add radios to the
inventory (11 projected) costs will increase another $5,280 per year. The federal
government mandated each State to develop an interoperable communication system that
federal, state, and local governments could use during emergencies and disasters. Either
the state or federal levels of government should fund that mandate.
I urge you to reconsider this course of action and keep in mind the critical importance of
restoring this funding in the budget when it reaches the full Finance Committee. If you
have any questions or would like additional information please feel free to contact me
directly.
/ 10,
Philli. Oates, DBA ' ifilar. E. • •1 am
City Manager Mayor
6
CITY OF SEWARD • Main Office (907) 224-4050
P.O. BOX 1 67 of Sfw •Police (907) 224 -3338
•
SEWARD, ALASKA 99664-0167 . Harbor (907) 224 -3138
, moo • Fire (907) 224 -3445
?� AS K • City Clerk (907) 224 -4046
• Community Development (907) 224 -4049
• Utilities (907) 224 -4050
• Fax (907) 224 -4038
March 15, 2010
The Honorable Bill Stoltze
Co- Chairman House Finance
State Capitol, Juneau, Alaska 99801 -1182
Re: Support for HB 357
Dear Representative Stoltze,
This is a letter of support from the City of Seward for HB 357 as currently written. The
City recognizes the value of allowing the AIaska Railroad Corporation to sell rail land
that is not necessary for essential railroad purposes when such a sale is in the best interest
of the State of Alaska. HB 357 also protects the rights of persons having a leasehold
interest in the land by giving them notice of a pending sale and the right of first refusal.
Please feel free to contact the City Manager or Mayor of Seward if you need additional
information concerning support of the City of Seward for HB 357.
Sincerely,
7
Phillip E. Oates, DBA Willard E. Dunham
City Manager Mayor
1 1
CITY OF SEWARD • Main Office (907) 224 -4050
o ` '
• Police (907) 224 -3338
P.O. BOX 167 �� +1;�' • Harbor (907) 224 -3138
SEWARD, ALASKA 99664.0167 ; + • Fire (907) 224 -3445
• City Clerk (907) 224 -4046
• Community Development (907) 224 -4049
• Utilities (907) 224 -4050
• Fax (907) 224 -4038
March 3, 2010
The Honorable Joe Paskvan
Chairman, Senate Labor & Commerce Committee
State Capitol Room 7
Juneau, Alaska 99801
Dear Chairman and Committee Members,
The City of Seward wishes to voice its opposition to the passage of SB 129. This bill as
written infringes on our rights as a home rule city and limits opportunities to reduce the
cost of government. The bill does not allow us to require a single homeowner to install a
sprinkler system for any reason without passing an ordinance and completing a cost and
benefit analysis. Additional specific reasons for our opposition are listed below.
> This bill limits the ability of the municipality to consider different fire protection
options.
> This bill increases the number of public hearings and increases administrative
requirements.
> The bill does not consider the processes the deferred jurisdictions have in place for
the adoption of building, fire and mechanical codes.
> This bill would severely impact the community of Seward. We have used the
sprinkler requirement as a way to reduce costs to a developer because of the local
ordinances.
> This bill if passed will drive up costs for fire protection in our community. This is
because of a need to acquire a vehicle that would have the capability to transport
water supplies. We would also face additional costs for a building to house that
vehicle (all current space is being utilized).
> The bill as written does not establish any process that would be used when adopting
building or fire codes prepared by a national code group that may incorporate the
inclusion of residential sprinklers. When we adopt National Codes the City does
not need a counter approach from the State. Such an approach is counterproductive
and often entails additional cost and administration.
We would be happy to answer any questions on our position that you or the Committee
members may have for us. You can contact us through the City Manager's email
poates @cityofseward.net or at 907 - 224 -4047.
Sincerely,
Philli Oates, City Manager Willard Dunham, Mayor
Cc: The Honorable Linda Menard
CITY OF SEWARD • Main Office (907) 224 -4050
P.O. BOX 167 f;oF SEy • Police (907) 224 -3338
• Harbor (907) 224 -3138
SEWARD, ALASKA 99664-0167 „
•Fire (907) 224 -3445
A
• City Clerk (907) 2244046
• Community Development (907) 2244049
• Utilities (907) 2244050
4 _: • Fax (907) 224 -4038
March 3, 2010
Representative Bob Herron
Co- Chairman, House Community & Regional Affairs Committee
State Capitol Room 411
Juneau, Alaska 99801
Representative Cathy Munoz
Co- Chairman, House Community & Regional Affairs Committee
State Capitol Room 409
Juneau, Alaska 99801
Dear Co- Chairs & Committee Members,
The City of Seward wishes to voice its opposition to the passage of HB 202. This bill as written
infringes on our rights as a home rule city and limits opportunities to reduce the cost of
government. The bill does not allow us to require a single homeowner to install a sprinkler
system for any reason without passing an ordinance and completing a cost and benefit
analysis. Additional specific reasons for our opposition are listed below.
> This bill limits the ability of the municipality to consider different fire protection options.
> This bill increases the number of public hearings and increases administrative
requirements.
> The bill does not consider the processes the deferred jurisdictions have in place for the
adoption of building, fire and mechanical codes.
> This bill would severely impact the community of Seward. We have used the sprinkler
requirement as a way to reduce costs to a developer because of the local ordinances.
> This bill if passed will drive up costs for fire protection in our community. This is
because of a need to acquire a vehicle that would have the capability to transport water
supplies. We would also face additional costs for a building to house that vehicle (all
current space is being utilized).
> The bill as written does not establish any process that would be used when adopting
building or fire codes prepared by a national code group that may incorporate the
inclusion of residential sprinlders. When we adopt National Codes the City does not need
a counter approach from the State. Such an approach is counterproductive and often
entails additional cost and administration.
We would be happy to answer any questions on our position that you or the committee members
may have for us. You can contact us through the City Manager's email poates @cityofseward.net
or at 907 - 224 -4047.
Sincerely, j
Phillip Oates, City Manager
P � h' g illard Dunham, Mayor
City of Seward, Alaska
4 O S E'S City of Seward 1%3 1965 2005
9 P.O. Box 167 hitti
Seward, Alaska 99664 -0167
All•America City
atASrc° Main Office (907) 224 -4050 '
Facsimile (907) 224 -4038
March 4, 2010
Honorable Attorney General Daniel S. Sullivan
P.O. Box 110300
Juneau, AK 99811 -0300
Dear Mr. Sullivan;
I understand you have not had a chance to read my letter that was sent to the Governor in
regards to our lawsuit. We, the citizens of Seward and Alaskans need your help. As your
office is aware, several environmental groups have joined together and filed a lawsuit on
our coal export facility under the Clean Water Act.
When the Governor addressed the Alaska Municipal League (AML) he stated he would
place the full power and weight of his office to fight frivolous actions aimed at shutting
down our state resource businesses. You also addressed this group and stated the same
theme. I left them a copy of City of Seward Resolution 2010 -010 (attached) that was
passed by our city council which covers our concerns. I also met with Michael Ford,
Assistant Attorney General, legislative liaison. He stated that he would also bring our
request for State assistance on this issue to the forefront. We are very concerned about
this attack on Alaska business.
Our facility here in Seward has been in operation since 1984. Questions have been raised
on its delivery systems, dust spillage, when the loading process is being done. At least
two engineering studies have been addressing these issues over the last twenty five plus
years. Neither study found serious problem or violations of the permit's authorizations.
Alaska coal is finally becoming of more interest on the world market. After many years
of lackluster sales, 2009 was the second largest shipments of Alaska coal in its 25 -plus
years of operation. 2010 may surpass that. This filing by these groups could be a
disaster if something is not done to assist these export growth industries. Our coal
facility has different owners and operators than in past years. It is now owned by the
Alaska Railroad and operated by Aurora Energy Services, LLC.
Within the last few years these companies have upgraded the terminal by spending $1.2
million dollars on safety upgrades, operational and significant environmental
improvements to meet EPA and ADEC regulations and permit requirements, and plan on
spending another $400,000 this year.
11.0
This is a very important business to all of Alaska. The coal facility is a key revenue
stream for the Alaska Railroad, creates millions of dollars in payroll, important for our
commerce, shipping and transportation systems, and is extremely important to not only
Seward, but to the entire state of Alaska and beyond.
Alaska's low sulfur coal is in increasing demand throughout the international market and
when mixed with other coal, at its journey's end, reduces the environmental impact.
Seward is not named in this lawsuit, but we cannot stand by as this assault on our towns
business community is carried on by persons claiming to speak for our citizens, which
they are not. We dispute the alleged health impacts that have been published in the press.
In closing, I am asking for your help and support. These attacks must be brought to task.
Please help us, and Alaska, by using your influence to assist and protect industry against
these frivolous attacks and lawsuit filings on our state's business industries that are
working to make a difference.
Sincerely,
4.„
ei
Willard E. Dunham
Mayor, City of Seward, Alaska
1. 1 1
3fi M z 'r�> MTh FF�"
3_
4� 5
22 23
4,07 tor
e: •
• M nda Tuesd 1i ddr da T1ilf •.. n . , Fnd:
/fin
+,rCC WS with . ` C i 1 i 0 m;Flood Plain ,6.12 t 3,
P&Z WS- Canceled Task Board
®: CC WS with s; Meeting
PACAB (Kenai
` ' ,,;City Council t Peninsula
�
Meeting Borough) ��1 4 1.` c ,
N,,, s r
.
6 .. 2 , ' • pi i PACA6 laittr07775ocial
Meeting Security Rep
�.6 O fli,Historic
Preservation
Meeting
` ,^ hF , t „ 23 '< t n".", R c .2.4i L 2 , r.u® �, •Yy.:: 1 ;.
Council
Meeting
Nanci Richey 1 1 1 9 3/18/2010 10:33 AM
/ "O ' � Apnl 2010: May 2010
T W T • F S
4 5 6 7$ 910 2 :3 4 5 5 7..8
�11 1213 14151517 9 i0 11.12 13 14 "iS „
i8 19:,,2,0 21,22.23 24 16 17 18 19: 20
21'22
5
2f 27 2$ 29 30 23 24',25 26 2728 29
30.31
Mbnda Tuesday . ` WecfneS id Tfi y Sat/Sun V
iF
2 3
4 • 5. 6 7 :8 9. 10
6:30pm P&Z Work 12:OOpm PACAB 12:00pm
Session Meeting
7:30pmP&Z Meeting
• 11
12 13 14 15 • 16! 17
7:O0pm City Council
Meeting
................
18
19 20 21' 22` - 23 '' 24
7:00Pmi P&Z Schafer 12:00pm PACAB Work 9:OOam'Social
Appeal Session Security Rep
6:30pm;Historic
Preservation
Meeting
25
26 27 28 29 30.,
7:O0pm'City Council
Meeting
1 was ' 0-t;
Nanci Richey 2 3/18/2010 10:33 AM
1 1