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HomeMy WebLinkAbout01112021 City Council Packet Seward City Council Agenda Packet 1 r Monday, January 11, 2021 City Council Chambers Beginning at 7.00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT JANUARY 11, 2021 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, January 11, 2021. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony has been created. On the January 11, 2021 agenda, there will be ONE (1) public hearing item. If you wish to provide testimony about a public hearing item, you MUST do that during the public hearing testimony, NOT during citizen comments. For ALL OTHER TOPICS, this is done during citizen comments. Please indicate whether you want to speak during the FIRST citizen comments, public hearing, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS 1. Email your WRITTEN comments to clerk2cityofseward.net no later than 2:00 p.m. on Monday, January 11, 2021. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email,please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerkgcityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 2:00 p.m. on Monday, January 11, 2021. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk—if you do not receive this email, please call the clerk at 224-4045. • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. Attending via ZOOM Enter the following information in the Zoom app or on Zoom.com: Webinar ID: 916 7896 4216 Passcode: 424912 Or via telephone: Dial: US: +1 253 215 8782 or 833 548 0276 (Toll Free) Webinar ID: 916 7896 4216 Passcode: 424912 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaCft Please silence all cell phones darning the meeting January 11, 2021 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Tony Baclaan 3. ROLL CALL Vice Mayor Term Expires 2022 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Sue McClure signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total time for this agenda item.] Term Expires 2023 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Sharyl Seese of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. Council Member In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2021 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS John Osenga Council Member A. Proclamations and Awards Term Expires 2021 1. 2021 Polar Bear Jump ................................... Pg. 4 2. Recognizing the Retirement of Correctional Officer John Liz DeMoss Anderson .................. ................................ Pg. 5 Council Member Term Expires 2023 B. Borough Assembly Report Ristine Casagranda C. City Manager Report ........................................ Pg. 6 Council Member 1. Federal Lobbyist Report .......................................... Pg. 39 Term Expires 2022 D. City Attorney Report ....................................... Pg. 48 E. Other Reports and Announcements—None Norm Regis F. Presentations [Presentations are limited to ten minutes each, excluding Acting City Manager Q&A, and are limited to two per meeting unless increased by council.] Brenda Ballou 1. Northeast Launch Ramp Project presentation by PND 50 City Clerk Brooks Chandler City Attorney City of Seward, Alaska Council Agenda January 11, 2021 Page I 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five(5) minutes per person.After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Ordinances for Public Hearing and Enactment 1. Ordinance 2020-015, Amending The Land Use Plan And Rezoning Lots 15A And 15B Of Jesse Lee Heights Subdivision Addition No 4, With The Physical Address Of 101 & 105 Benson Drive, From Multi-Family Residential (R3) To Park(P). Pg. 65 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Reschedule city tours with department heads. This item was postponed from November 23, 2020. New tour date suggested is January 27, 2021. 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2021-001, Amending Portions Of Seward City Code Chapters 5.01 And Chapter 5.05 — Budget To Create A More Timely, Robust, And Publicly-Involved BudgetProcess. .......................................................................... Pg. 142 B. Resolutions *1. Resolution 2021-001, Adopting An Alternative Allocation Method For The FY2021 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area. ........................... Pg. 148 *2. Resolution 2021-002, Retroactively Authorizing The City Manager To Approve Emergency Repairs For The Lowell Point Wastewater Treatment Facility To Drain Masters, Inc. In An Amount Not To Exceed $70,660, And Appropriating Funds. 152 Remove from*3. Resolution 2021-003, Confirming The Special Assessment Roll Of The Gateway Subdivision Improvement District And Providing For The Levy, Payment Terms, agenda And Penalties Of The Special Assessment District, And Appropriating Funds. *4. Resolution 2021-004, Accepting The Proposed Classification & Compensation Study And Implementation Plan Completed By GovHR USA, LLC, And Appropriating Funds. .................................................................................... Pg. 160 *5. Resolution 2021-005, Authorizing The City Manager To Extend The Professional Services Contract Of Cory Borgeson For An Amount Not To Exceed $7,000. Pg. 169 *6. Resolution 2021-006, Authorizing The City Manager To Enter Into A Consulting Services Contract With Cory Borgeson For Electric Management Services In An Amount Not To Exceed $75,000, And Appropriating Funds. .................... Pg. 180 C. Other New Business Items *1. Approval of the December 14, 2020 City Council Regular Meeting Minutes. Pg. 187 City of Seward, Alaska Council Agenda January 11, 2021 Page 2 2 *2. Non-objection to the liquor license renewal for American Legion Post 95, License 953, Club. ................................................................................ Pg. 198 *3. Continue the Port & Commerce Advisory Board (PACAB) through January, 2022. ............................................................................................. Pg. 211 4. Vote and appoint one citizen to the Planning & Zoning Commission with a term to expire February, 2023. Applicants are: Brad Snowden, Vanessa Verhey, and Suzi Towsley. .................................................................................. Pg. 212 5. Discuss directing the city manager to create an inventory of all electric and water meters by physical location and description of meter type. ....................... Pg. 216 6.City Clerk's memo on city manager recruitment update and next steps. ......... Pg. 220 7. Mayor appoint two Council Members to the Tabulation Team for the city clerk evaluation (to be held on February 8, 2021). ....................................... Pg. 225 8. Discuss directing the city manager to issue a Request for Proposals to conduct a forensic audit on the electric, water, and sewer utilities. ........................... Pg. 227 9. Discuss providing input to GCI regarding the viability of continuing the Channel 9 local broadcasting program. ........................................................... Pg. 229 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A.City Clerk's Annual Report on 2020 Public Records Requests ................... Pg. 233 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Go into executive session for the purpose of having a discussion of strategy for the negotiation/renewal of power sales agreement with Chugach Electric Association, per SCC 2.10.030 (b) (4). 14. ADJOURNMENT City of Seward, Alaska Council Agenda January 11, 2021 Page 3 3 PROCLAMATION �,G1 AL c� POUR MR JU.14►iF OFF F AL WHEREAS, the Polar Bear Jump-Off started in Seward in 1986 and is historically a weekend-long festival that includes silent auctions, turkey bowling, and a parade,but in 2021 is limited to only the jump into the near-freezing waters of Resurrection Bay;and WHEREAS, the mission for this annual event is to raise pledges which help provide cancer patients and their families with information and support, fund research that leads to improved treatments, provide education about cancer prevention and early detection, and help ensure that everyone has access to lifesaving cancer screenings and support for eliminating cancer in our society;and, WHEREAS, the funds raised by this event assist the American Cancer Society Inc. West Region; and, WHEREAS, it is through the hard work and dedication of all the volunteers and jumpers that help ensure that more people survive cancer so they can celebrate another birthday. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby proclaim Saturday, January 16, 2021 as the 361h Annual Polar Bear Jump-Off at Seward's Boat Harbor, and I do commend all of the volunteers, supporters, and jumpers who participate in the festival. DATED THIS 111h DAY OF JANUARY,2021 THE CITY OF SEWARD,ALASKA Christy Terry,Mayor 4 PROCLAMATION WHEREAS, in 2015, John Anderson joined the Seward Police Department, Corrections Division, after serving for many years as a park ranger, and is now retiring after five great years of service for which he can be very proud; and WHEREAS, as a Correctional Officer, John managed the department's statistical data; and WHEREAS, John always served the jail with pride, and treated detainees with respect and dignity; and WHEREAS, John was specifically recognized by a defense attorney for his humane, kind, and accommodating treatment of a prisoner; and WHEREAS, John worked very hard to always keep the facility neat and clean; and WHEREAS,John served as a training officer for other new correctional officers; and WHEREAS, John's positive attitude and ability to find solutions made him a very valued employee and a pleasure to work with. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby thank John Anderson for his many years of service and his numerous contributions to the Seward community, and wish him all the best in his retirement. Dated this 11th Day of January, 2021 THE CITY OF SEWARD,ALASKA Christy Terry,Mayor 5 CITY OF SEWARD Norm Regis P.O. BOX 167 Ph: (907) 224-4047 SEWARD, AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT JANUARY 11, 2021 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 12/04/2020 Electric $5,060 69 amp power fuse unit 12/17/2020 MIS $5,995 Backup software license renewal 12/23/2020 SMIC $6,280 Glycol removal services City of Seward Personnel Transactions Separations: Department: Date of Separation: Library Museum Program Coordinator Library 12/26/2020 Police Lieutenant Police 12/21/2020 Parks&Campground Operation Supervisor SPRD 01/04/2021 New Hires: Department: Date of Hire: Executive Assistant SPRD SPRD 12/14/2020 Accounting Tech I Finance 12/14/2020 Police Chief Police 12/21/2020 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 01/27/2020 Community Development Planner Community Dev Advertising Since 10/07/2020 Harbor Admin Harbor Advertising Since 11/09/2020 City Manager Administration Advertising Since 12/02/2020 Electric Operations Supervisor Electric Advertising Since 12/03/2020 Library Museum Program Coordinator Library Advertising Since 12/15/2020 Parks&Campground Operation Supervisor SPRD Advertising Since 12/15/2020 Police Lieutenant Police Advertising Since 12/28/2020 Available Seasonal Positions: Department: Position Status: None *Corrections Officer position was two positions. One has been filled with one still open* 6 ADNIINISTRATION Acting City Manager, Norm Regis Below is the process the city went through for hiring the next chief of police for Seward: • The national job postings for Chief of Police closed Monday 12/7/2020. • The position was posted in the following locations: Alaska Municipal League, the Alaska Association of Chiefs of Police, the Alaska Police Standards Council, the State of Alaska Jobs Center, the International Association of Chiefs of Police, Police One, Seward Journal, and on the City of Seward website. • The Assistant City Manager compiled the applications and submitted them to Greg Russell with AML for review and identification of candidates who should proceed to the interview phase. • Interviews took place on Thursday, December 171h • Interview panel participants included Acting City Manager Norm Regis, Seward Chamber of Commerce Executive Director Jason Bickling, and the Police Chiefs from Homer, Soldotna, and Kenai. Greg Russell with Alaska Municipal League also participated but in an advisory and observer role. • The interview panel overwhelmingly selected Lieutenant Nickell was the most qualified individual for the position. • Kenai Peninsula Police Chief on the panel said that he"liked the thoroughness that the City was going through to hire the best applicant for the chief of police position." FINANCE Deputy Finance Director, Sam Hickok • November CARES Act report sent to State 12/31/2020. Comprehensive report on CARES Act fund expenditures will come before Council at January 251h meeting as final invoices are received and paid. All recovery grants for businesses and nonprofits have been disbursed. • Remote sales tax YTD revenues $52,028.62 • Jesse Lee Home settlement check of$40,000 has been received and put back into the General Fund. • Financial services agreement with Jennifer Pae has been signed. Starting 1/4/2021 Jenn will be assisting the finance department in account reconciliation,j ournal entry review, assist in preparing for the annual audit, and assist with the mid-cycle budget adjustments. She will be contracted for 15 hours a week until her start date as Finance Director in March. HARBOR Harbormaster,Norm Regis • The SMIC yard is still a couple of boats from being full, we have opened another section of the boat yard for vessel storage. • The water in the harbor has been turned off, there is signage throughout the harbor notifying where the winter water locations are. • The 50-ton lifts have slowed down. The entire harbor crew is working, and we have adjusted to COVID-19 issues/mandates while continuing to do boat lifts. • There is a new storage yard on the harbor side of the bay. This has helped with the shortage of yard space. • The harbor had a barge damage a section of X-float. No one was injured. We have ordered replacement bull rail to repair the damage area. THIS HAS BEEN REPAIRED • The crew is continuing to clean up the last 2 lots at SMIC. This could take some time, but we are making headway. • The harbor crew has been clearing a lot of snow in the harbor and at SMIC. • The fish cleaning stations are closed down for the winter. • The harbor office is short one staff. • The US Coast Guard gave a short presentation to the Seward City Council on 12-14-2020. • The Harbor has upgraded to the new software and are working through some minor issues. • The harbor office will be closed on Sundays. Any phone messages received on Sundays are being monitored and responded to by the Sunday harbor crew. • The office staff has been busy with the New Year moorage renewals. 8 PARKS & RECREATION Parks and Recreation Director, Tyler Florence MISSION Preserve, improve, and promote the city's natural resources,parkland, and recreational opportunities for current and future generations. COVID-19 RESPONSE • Programs and services maybe impacted by COVID-19. Please check program pages or contact us for the latest updates. • AVTEC has closed the gym (aka Student Services Center) to the public until further notice. GENERAL Williams Campground Restroom Project Working with R&M Consultants on initial project scoping for the design and construction of a restroom facility at Williams campground. UTILIZATION: December 4—December 29 Cam round Rentals 59 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 RV and tent sites. Reserve your site today on Campspot—visit our campground page for more details: https://www.cilyofseward.us/departments/parks-recreation/campgrounds • Winter camping is in effect. • New rates effective 12/03/20. People enjoying fires at Waterfront Park.Photo from Kori Anderson. 9 SPORTS & RECREATION AVTEC Gym Seward Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement with the school. Visit RecDesk to view the activity calendar, register for a gym membership, and more: htlps://seward.recdesk.com/Communily/Home /Home Drive-In Movie Night- 12/12/20 Drive-In Movie Night was a stupendous success, with over 25 groups in attendance to see the modern holiday classic, Elf Thanks to our incredible staff members Jenny and Jose for organizing this event, Seward High School for use of their facility, Seward Public Radio for providing audio, and to the Seward Seahawks Booster Club for providing concessions. More to come! Drive-In Movie Night. 10 SEWARD COMMUNITY LIBRARY & MUSEUM Library and Museum Director, Valarie Kingsland 100% Committed to Serving Seward Safely! COVID-19 PRECAUTIONS • Universal Face Coverings (free masks available while supplies last) • Social Distancing • Hygienic Practices • Minimal Contact Time • No COVID-19 symptoms LIBRARY& MUSEUM SERVICES Note hours and services are subject to change as the COVID-19 situation and staff capacity changes. Visit www.cityofseward.us/libmus for updates. Contact us at 907-224-4082 or email libmus2cityofseward.net. • Library: Tues-Sat, 11 am-8pm for walk in, curbside delivery, and appointment services. • Museum: Tues-Thurs, 1 lam-5pm by appointment and Fri-Sat, noon-5pm. Free winter admission. • Free WiFi 24/7 outside the building, no password. Grab-N-Go services • Library Browsing & Borrowing: New books, videos and board games available! Contact us for curbside delivery. • Public Access Computers (45 min. max) • Copy/Fax/Print/Scan • Notary Public • Take Home Craft Kits (limited supply) Services by Appointment • Passport Acceptance (limited appointment availability; expect long processing delays) • Research Room and Community Room use (call or email for details) OPEN HALF DAY HOURS: Staff Training and Work Day First Tuesday of the Month,February-May • Tues,Feb 2: 3-8pm • Tues,March 2,3-8pm • Tues,April 6,3-8pm • Tues,May 4,3-8pm FEBRUARY STAFF TRAINING: Cultural Humility Staff will take part in an online InfoPeople Cultural Humility in Public Libraries: Colleagues & Customers, Feb 2-22. This three-week course will introduce cultural humility as a concept for professional practice and explore personal identity and culture and how they translate to a deliberate practice of cultural humility in the workplace. This training is paid for by a Project READY mini-grant from the Alaska State Library. lam.alaska.gov/EDUProiectREADY/AK FOOD DONATION BIN and FREECYCLE BIN A diy Food Donation Bin is located at the top of the stairs to the library. Canned and dry food left in this bin is donated to our local He Who Will Provide Food Bank. A Freecycle Bin is located nearby for free reusable 11 material such as grocery bags, mailing envelopes, paper and containers in order to promote sustainable living in Seward. THANK YOU! INTERACTIVE BULLETIN BOARD Gratitude Shared A few stories that celebrate gratitude and thankfulness as we neared the end of a challenging year. ► "I am thankful for my teachers and Gregory." ► "Thank you to the plow drivers and electric workers!" ► "Thank you to Miss Jamie and her fellow health workers." ► "Thank you to all the wonderful Seward teachers." ► "I would like to thank all the staff at the Seward Community Library. Your knowledgeable assistance is much appreciated." ► "Thankful for this beautiful place we call home!" ► "Thank you for a wonderful experience in Seward, Alaska and opportunity to explore the museum here." ► "Thank you to all that are the front line! You rock" ► "I love the benches in the Children's Room. The entire library has amazing views. Special thanks to Michael, Steven, Mark and Clara at Seward Hotel. I love the Health food store. Thank you to Matt the Uber driver. Thanks for the museum workers and the SeaLife Center staff." ► "Heartfelt thank you to our librarians, Valarie, Susan, Amanda and others! You create the best, kindest and most wonderful library atmosphere! Thank you!!!" 2020 WISH TREE BOOK SPONSOR PROGRAM Ongoing through January Atrium The Seward Community Library Association set up the 2020 Holiday Wish Tree! 57 books have been sponsored as of Dec. 29th for $20 each to be added to our youth collections. All funds raised go towards new books. Stop by the atrium (1st floor), take a tag off of the tree, fill it out, and pay by cash or check at the Library front desk. You may also sponsor a book and pay online at www.friendsofsclm.org -look for "Wish Tree Sponsorship" in the Membership Store. Each new book will have a special book plate with the sponsor's name and/or dedication message. TAKE HOME CRAFT/ACTIVITY KITS 2°d and 41h Saturdays -Previously Released Kits Craft/Activity kits continue as we give away previously made kits starting the 2nd and 4th Saturday of the month. Craft kits for various ages will be available to pick up while supplies last. Kits include age-appropriate information, activities, and crafts related to a theme. Adult supervision recommended. WINTER BOOK READS Monthly at Your Own Pace January: Eleanor Oliphant is Completely Fine by Gail Honeyman New for 2021! Join us for a Community Book Read each month through April. Recommendations for future readings welcome! "Meet Eleanor Oliphant: she struggles with appropriate social skills and tends to say exactly what she's thinking. Smart, warm, uplifting,Eleanor Oliphant Is Completely Fine is the story of an out-of-the- ordinary heroine whose deadpan weirdness and unconscious wit make for an irresistible journey as she realizes...the only way to survive is to open your heart." This award winning debut novel is set in Scotland. (www.goodreads.com/book/show/31434883-eleanor-oiphant-is-completely-fine). 12 ALASKA'S 10 TO TRY READING CHALLENGE Dec 7 -April 15 Join this independent nationwide reading challenge with an Alaskan twist. This challenge encourages participants to read 10 books from 10 different genres by April 15,2021. Online registration is open statewide to individuals, groups or families at alaska.beanstack.org/reader365, but isn't required to participate. Sponsored by the Alaska State Library. Pick up a checklist and some books at the library and get started! 1) Thrills & Chills 2) Fantasy, Science Fiction 3) Historical Fiction 4) Banned Books 5) Graphic Novels 6) Alaskana 7) Award Winner 8) Biography/Memoir 9) Travel 10) Humor THANK YOU,AMANDA LYON! We wish Amanda Lyon, our Program Coordinator, a fond farewell. Both community and staff have benefited from her kindness, creativity, dedication and keen observations to bring the best programming and library services possible to Seward. She took on the challenge of converting our in-person programming to virtual programming during the pandemic with epic success! Not many libraries can claim their dramatically altered Summer Reading Program a success in the middle of a global health crisis. The Seward Summer Reading Challenge was extremely successful and inspired us to continue with take away craft kits over the winter as well. Amanda will be greatly missed, but we wish her all the best and look forward to seeing her around town! NOW HIRING Program Coordinator: Tues-Sat, 9am-6pm (year-round full-time at 40 hours per week) Library Museum Aide: Tues-Sat,2-8pm (year-round part-time at 25 hours per week) For more information, visit the City of Seward Employment Opportunities web page at www.cityofseward.us/departments/personnel-hr/employment-opportunities. Open till filled. 13 PUBLIC WORKS Public Works Director, Doug Schoessler • We finished the year with snowfall and rain weather systems that challenged us for snow removal duties. The Public Works group has done an excellent job in all facets of providing service for Seward residents this last year. We appreciate the kind words and encouragement we receive from many folks throughout the year and we will continue striving to continue and improve services in Seward. Happy New Year to all! May 2021 be very good to us. • Kudo's to the Finance and Public Works teams in finishing out the Storm Surge Project and collecting the full reimbursement of funding from FEMA and State of Alaska. Special thanks to Naneth in Finance for working through the multiple stages of required paperwork to get us there. Well done! • Good news about the DOT Silvertip station opening back up! Also, please remember to drive safely in town. We have changing conditions weekly and we all need to drive for the conditions. Driving Tip: Make Sure They See You The worst thing a driver can do is assume. Assume other drivers can see them, assume other drivers are not dangerous, or even assume that they will just get to their destination safely. The final rule for the Smith System is "Make Sure You Are Seen". "This rule prevents accidents by removing assumptions made behind the wheel. As a driver, make sure that other drivers can see you and anticipate your move. If you feel you are coming into another driver's blind spot, use the horn to get their attention. -Keep Healthy,Keep Safe, Keep On! FIRE DEPARTMENT Fire Chief, Clinton Crites Like all departments, 2020 was a tough year due to COVID-19. Our fire department struggled with recruitment for volunteers and had to adapt to trainings via online, zoom, and other platforms. Overall, the department is and has done well despite the uncertainties. Many of our responders have already received or are scheduled to receive the COVID-19 vaccine and we hope to return to some form of normalcy soon. Our call volume dropped slightly to 228 this year in large part due to the lack of cruise ships and decreased tourism. The decrease in calls and the addition of new personnel has allowed us to catch up on many maintenance items that have been neglected and we finally have the people with the right attitude and aptitude to see things through. I feel very fortunate with the team that has been built here and look forward to 2021. Some highlights of 2020 were; • The hiring of the first female Deputy Fire Chief for Seward Fire, Katherine McCoy. • The hiring of a Fire/Building inspector, Nate Crossley, and the subsequent promotion of Stefan Nilsson to Building Official. 14 • The purchase of 4 new Thermal Imaging Cameras by the Volunteers, these devices assist firefighters in the locating of victims in fires and finding hidden fires in voids. • The purchase of 36 Self Contained Breathing Apparatuses (SCBA's)to replace the outdated, non-compliant SCBA's still in use. • The acceptance of over $20,000 in federal and state grants for the purchase and reimbursements of COVID related supplies. • The purchase and installation of a 4-body morgue. • The purchase and installation of new Automatic Transfer Switches for both City Hall and the Fire Station to provide power via our generator during power outages. Some goals for 2021 are: • Increase volunteer recruitment efforts and co-host a Firefighter 1 class with Bear Creek F.D. • Increase our commercial fire and life safety inspections to ensure all state mandated occupancies are inspected along with all locally required inspections such as Lodging, and Liquor License renewals. • Continue maintaining aging equipment and facilities to the best condition we can. • Work on a needs assessment to replace the 57-year-old Fire Station and options for a SMIC Fire Station. • Continue working with administration on updating the city's Emergency Operations Plan. On the Building Department side; this year has been extremely busy for the construction industry. For the first time since 2005, we currently have 10 homes in some form of construction phase, and this doesn't include any of the new Gateway Subdivision homes which are slated to begin soon. We are excited to have a couple of new general contractors in town that are taking on remodel jobs as well as new construction. Stefan Nilsson our Building Official has been working with them closely to get them off on the right foot by educating them in local codes and building practices. There are a minimum of 12 inspections for each single-family dwelling, most times many more in upwards of 25-30 per site depending on the building's characteristics and construction features. This year we processed 47 building permits. This does not include any permits issued last year, such as the Gateway Hotel, that were under construction from last year into this year. We estimate that we spent 60-80-man hours and approximately 45-55 inspections on the new Gateway Hotel, that does not include plan reviews and the subsequent phone conversations, emails and meetings with the various engineers and general/sub-contractors prior to and during construction. 2020 Building Permits Issued Commercial 24 $3,590,627.68 Fees collected $ 66,890.88 Residential 21 $2,994,130.00 11 new homes=$2,529,000.00 value Fees Forgiven $ 5,428.74 DEMO 10 $ 406,000.00 Seasonal 3 cancelled permit Res -1 Grand total permits 47 10 There is also quite some time spent on scanning, filing and archiving closed permits. The scanning of permits has proven to be great time saver when it comes to responding to Requests for Public Information. By having all 15 permits/drawings scanned we can now find them very fast and can effortlessly put the entire request on a memory stick instead of time-consuming printing and searches in the basement archive. Our new Fire/Building inspector, Nate Crossley, is exceeding our expectations. Nate jumped right in and knocked out his International Residential Code Inspector 1. This involves many hours of studying an 800+page code book. Currently, Nate is studying for his International Fire Code Inspector 1 and if not for a sudden minor surgery, would have already taken that exam and is slated to take it early January,just in time for Lodging inspections. In addition to shadowing Stefan on building constructions and Kate on Fire Inspections, Nate has been instrumental on helping us catch up on many maintenance items that we just have not been able to tackle. Nate's can-do attitude and aptitude are complementing our already great team. Nate is already comfortable performing some building construction inspections on his own and will provide Stefan some much added help. Stefan has been busy processing and plan-reviewing new building permits to include new single and multi- family homes, residential and commercial remodels. Stefan has been consulting many upcoming projects and 2021 looks to exceed our projections and will be another record-breaking year for construction. I would like to thank Mayor Terry and the entire Seward City Council for their support this year in funding much needed public safety equipment and personnel. The city should be proud to have such a safe community with ZERO residential or commercial building fires, and ZERO fire or other accidental deaths for 2020. It is my commitment to the city to provide excellent service, excellent response, and excellent fire prevention while maintaining, and ever improving the city's ISO rating. Again, thank you for your support and we look forward in serving this community in 2021. 16 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 24:00 A11 Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Fire Alarm Situations Chemical release, reaction, or toxic 1 00:07 0 00:00 Combustible/flammable spills & leaks 2 00:46 3 05:36 Controlled burning 1 00:21 2 00:58 Cover assignment, standby at fire station, 0 00:00 2 189:03 Dispatched and cancelled en route 13 15:22 22 06:32 Electrical wiring/equipment problem 1 03:31 1 01:43 Emergency medical service (EMS) Incident 115 250:48 173 315:13 EMS call where party has been transported 2 02:09 0 00.00 Explosion (no fire) 0 00:00 1 02: 16 Extrication, rescue 0 00:00 3 05:18 False alarm and false call, Other 1 03:09 0 00:00 Malicious, mischievous false alarm 2 01:32 0 00:00 Medical assist 5 18:00 4 09:09 Mobile property (vehicle) fire 2 4 7:5 1 5 51:05 Natural vegetation fire 1 20:30 6 18:51 Outside rubbish fire 1 01:00 2 02:03 Person in distress 1 01:54 1 01:21 Public service assistance 19 39:18 15 74:02 Rescue or EMS standby 2 68:12 1 14 :00 Search for lost person 0 00.00 4 110:05 Smoke, odor problem 1 01:06 1 04 : 12 Special outside fire 0 00:00 1 02: 00 Steam, Other gas mistaken for smoke 0 00:00 3 06:10 Structure Fire 8 89:54 4 45:32 System or detector malfunction 10 31:54 10 13:21 Unauthorized burning 0 00:00 5 13:25 Unintentional system/detector operation 28 28:52 20 30:04 Water problem 0 00:00 1 02:12 Wrong location, no emergency found 12 22:05 10 13:54 228 648:27 300 938: 13 Inspection Violations Corrected Abatement of electrical hazards. 2 4 Access. 7 2 Address identification. 7 10 Areas without fixed seating. 0 2 * Staff hours for Fire Alarm responses that have an associated EMS alarm :record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 17 Page 1 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01./01/2019 to 12/28/2019 00:00 to 24:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Corrected Carbon monoxide alarms. 5 0 Ceiling clearance. 8 7 Cleaning. 2 2 Door operations. 0 4 Emergency light inoperable 0 2 Emergency power for illumination. 1 0 Equipment rooms. 4 0 Exit or exit access doorway arrangement. 2 4 Exit sign illumination. 2 0 Extension cord use 1 0 Extension cords. 10 2 Extinguisher installation. 4 7 Extinguishing system service. 3 0 Fire walls, fire barriers and fire 0 5 Fireblocking and draftstopping. 7 8 General requirements. 4 17 General. 3 1 Hold-open devices and closers. 4 0 Identification. 11 0 Illumination required. 12 13 Inspection, testing and maintenance. 11 1 Key box maintenance. 4 2 Labeling. 7 1 Liquid storage cabinets. 4 0 Locks and latches. 2 0 Means of egress continuity. 2 5 Minimum size. 2 0 Multiplug adapters. 10 6 Opening protectives. 7 1 Operations and maintenance. 3 2 Portable fire extinguishers for commercial 1 2 Pump and riser room size. 0 1 Records. 3 12 Securing compressed gas containers, 5 2 Signs. 9 2 Standards. 0 2 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 18 Wage 2 ..... ......... ........ _ __ Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 29:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Corrected Systems out of service. 2 0 Unapproved conditions. 8 10 Where required new buildings and 5 3 Where required. 16 15 Working space and clearance. 3 2 "No Smoking" signs. 1 7 204 166 Inspection Violations Discovered Abatement of electrical hazards. 6 4 Access. 11 5 Address identification. 13 15 Alarms. 4 0 Areas without fixed seating. 0 2 Cabinets. 2 0 Carbon monoxide alarms. 9 1 Carbon monoxide detection systems. 1 0 Ceiling clearance. 5 18 Certification of service personnel for 8 0 Cleaning. 2 6 Door operations. 1 5 Emergency power for illumination. 6 0 Equipment rooms. 9 0 Exit or exit access doorway arrangement. 4 3 Exit sign illumination. 2 0 Extension cords. 12 6 Extinguisher installation. 4 16 Extinguishers weighing 40 pounds or less. 1 0 Extinguishing system service. 2 0 Fire walls, fire barriers and fire 0 5 Fireblocking and draftstopping. 13 16 General requirements. 17 20 General. 10 8 Groups R-2, R-3, R-4 and 1-1. 2 0 Hangers and brackets. 3 0 Hold-open devices and closers. 11 5 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 19 Page 3 ....... ........ .. . .. . .... .. . . ......... ......... ... ...... .. ..... .. Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 24:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Discovered Identification. 11 4 Illumination required. 26 37 Illumination. 1 0 Inspection, testing and maintenance. 32 15 Internally illuminated exit signs. 1 0 Key box maintenance. 6 4 Labeling. 9 1 Liquid storage cabinets. 4 0 Locks and latches. 4 2 Matters not provided for. 2 0 Means of egress continuity. 5 6 Minimum size. 7 4 Monitoring. 5 0 Multiplug adapters. 9 16 Opening protectives. 6 1 Operations and maintenance. 3 4 Portable fire extinguishers for commercial 0 5 Power source. 1 0 Protecting containers from vehicles. 0 4 Pump and riser room size. 0 1 Records. 5 26 Restoring systems to service. 1 0 Securing compressed gas containers, 7 4 Signs. 7 12 Smoke alarms. 2 0 Standards. 3 4 Storage. 1 0 Systems out of service. 7 7 Unapproved conditions. 16 13 Ventilation system. 2 0 Where required new buildings and 13 10 Where required. 31 52 Working space and clearance. 6 6 "No Smoking" signs. 0 12 391 385 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 20 Page 4 ......... ...... ... ... .. ......... ......... ......... ..... .... ......... Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 24:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Occupancy Inspections/Activities CONSULTATION - Assembly 1 00:30 0 00:00 CONSULTATION - Building 0 00:00 1 00:45 CONSULTATION - Fire Alarm 1 01:00 0 00: 00 CONSULTATION - Site 1 00:30 0 00: 00 INSPECTION Auto Fire Protection System 3 02:45 0 00.00 INSPECTION - Fire / Life Safety 45 37 :15 36 19:19 INSPECTION - Fire Alarm 19 09:00 3 01:30 INSPECTION - Hood System 5 02:15 0 00:00 INSPECTION - License 1 00:30 17 08:45 INSPECTION - Other 1 00: 15 0 00:00 INSPECTION - Sprinkler System 23 12:00 6 03:00 Lodging Permit Fire and Life Safety 37 18: 10 87 43:30 PLAN REVIEW - Architectural 1 01:00 0 00:00 PLAN REVIEW - Fire Protection 1 00:30 0 00:00 PLAN REVIEW - General 0 00:00 1 01:00 PLAN REVIEW - Sprinkler System 1 01:00 0 00:00 140 86:40 151 77:49 Permits Issued Explosives, Storage/Sales - Annual 1 9 1 9 Training Administrative Procedures 13 12:00 6 05:30 Apparatus Check Procedures 52 98 .00 56 70:00 Arson Methods and Motives 0 00:00 1 40:00 Bloodborne Pathogens 2 02:00 1 01:00 Blue Light Certification 0 00.00 17 17:00 Boating Skills & Seamanship 0 00:00 9 62:00 Building Construction and Fire Behavior 2 04 : 00 8 16:00 Cardiovascular System 1 01:00 0 00: 00 Care & Maintenance of Equipment 18 36:00 10 20:00 Circulatory System 1 01:30 0 00:00 Clean and check ladders 11 22:00 0 00:00 Clean, inspect & return hose to service 0 00:00 8 08:00 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 21 Page 5 . ........ ..... .... __ . ... ........... . ....... Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 24:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Training Communications Equipment 0 00:00 17 17:00 Conduct search & rescue in a structure 0 00:00 22 148:00 Connect a pumper apparatus to water supply 0 00:00 7 21:00 CPR and AED Certification 1 02:00 1 04 :00 CPR Recertification 0 00:00 1 01:30 Decontamination 0 00:00 11 11:00 Disaster Response and Planning 8 12:00 5 27:00 Electrical Safety 0 00.00 2 01:00 Emergency Childbirth 1 01:00 0 00:00 Emergency Medical Services 26 36:30 2 02:00 ETT Training 0 00:00 9 360:00 Fire Wildland 1 06:00 12 68:00 Fire Behavior 1 02:00 14 122:00 Fire Control, General 0 00:00 19 121 :30 Fire Department Organization 1 01:00 0 00:00 Fire Inspections 1 02:00 3 32:00 Fire Investigation 6 06:30 0 00:00 Fire Search Practices 0 00:00 1 04 :00 Fire Streams Theory 0 00:00 17 29:00 Fire Vessel John Foster 11 36:30 4 08:00 Force entry into a structure 0 00:00 7 24 :30 Fundamentals of Fire Suppression 0 00:00 19 112:00 General Building Construction 14 14 :00 0 00:00 General Driver Training 0 00: 00 13 26:00 General Fire Investigation 3 09.00 17 62:00 GENERAL KNOWLEDGE & SKILLS 9 18 :00 30 155:00 Hazardous Materials Overview 8 12:00 0 00:00 Hazmat Awareness and Operations 0 00:00 45 1.71 .30 Hose Deployment 24 58: 15 12 42:00 Hose Rolls / Lays 0 00:00 14 18:30 ICS 100 1 03:00 3 07:00 ICS 200 2 07 :00 3 09:00 ICS 700 1 03:00 3 12:00 ICS 800 3 08:00 3 09:00 Incident Command System 0 00:00 4 12:00 Mountain Rescue 17 34 :00 20 45:30 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 22 Page 6 ..... .. .... ... .. Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 12/29/2020, Prior Period: 01/01/2019 to 12/28/2019 00:00 to 24:00 All Stations All Shifts All Units Fire Alarm Responses, Training Classes, Occupancy Inspections and Activities Current period Prior Period Category Count Staff Hrs Count Staff Hrs 'raining Nervous System 1 01:00 0 00:00 Officer Development 8 41.00 15 118:00 Overhaul a fire scene 12 12:00 11 33:00 Patient Packaging 13 26:00 13 13:00 Perform horizontal ventilation on a 0 00.00 7 24 :30 Pre- Planning Disasters 1 01:00 12 42:00 Pre-Fire Plans 25 50:00 12 07:30 Public Service / Events 0 00:00 19 76.00 Pump Operations 7 14 :00 0 00:00 Respiratory System 3 03:00 0 00:00 Respond to an apparatus to an emergency 0 00:00 9 27:00 SCBA Donning Methods 19 32:30 6 15:00 Set up ground ladders 0 00:00 12 42:00 SKILL Clean & check ropes 0 00:00 11 44 :00 SKILL Use SCBA in restricted passage 0 00:00 1 04:00 Specialized Training 2 02:00 3 09:00 Sprinkler Systems 1 01.30 0 00:00 Strategic and Tactical Operations 10 15:00 1 08:00 SVFD Business Meeting 204 237:21 158 251:30 Tools and Equipment 0 00:00 9 13:30 Traffic Laws 0 00:00 13 39:00 Transmit & Receive radio communications 13 13:00 8 12:00 Trauma Bleeding Control 2 02:00 11 11:00 Truck company operations 0 00:00 3 20: 00 Truck Inspection - Pump Testing 12 24 :00 0 00:00 Vehicle Extrication 0 00:00 23 37:00 Water Rescue Training 10 20:00 19 38:00 582 943:36 832 2807:30 Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared ]lours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 12/29/2020 08:37 23 Page 7 ELECTRIC Interim Electric Manager, Cory Borgeson • The Purchase of the SQ Line by the Alaska Energy Authority was completed mid December 2020. This means that the transmission line that connects the Bradley Hydro Project from Soldotna to Quartz Creek is now part of the Bradley project and therefore controlled by the BPMC rather than Homer Electric. Homer has dismissed all lawsuit and appeals against the Railbelt utilities including Seward. The purchase from AEA is being financed by AIDEA with 20-year financing. Since the SQ line become part of the projected and was deemed to be required project work, the debt payments and maintenance and operation of the line will come out of the"Excess Payments"that the utilities must make after the Bradley bonds are paid off in 2021. The bottom line is that this transaction will not cost the utilities any monies out of pocket for the next 20 years. • Seward recently submitted comments to the regulatory commission in the docket dealing with the Electric Reliability Organization mandated by Senate Bill 123 that was passed last year. These comments are rather technical in nature, but I wanted to include them with my report to keep you informed. The budget committee of the Railbelt Reliability Council which hopes to be selected by the Regulatory Commission to be the ERO has released a three-year proposed budget. • Utility kilowatt sales continue to be strong. According to the folks at the Utility Desk, residential usage is up most likely due to kids and family members being home all day either working or learning at home. • 1 will be finishing up my contract to manage the Electric Utility January 29, 2021. It has been an honor to be here in Seward working with so many dedicated folks. I have agreed to continue to assist the new Manager in 2021 on an hourly basis if needed. I wish everyone a very happy (and hopefully Covid-19 free) 2021. 24 City of Seward Electric Department PO Box 167 Seward, Alaska 99664 Telephone: 907-224-4073 December 17, 2020 Regulatory Commission of Alaska 701 West 3rd Avenue, suite 300 Anchorage, Alaska 99501 Re; City of Seward Comments on Draft ERO Regulations Dear Commissioner's. The framework of the ERO is outlined in SB 123. Within SB 123 the Legislature defined the ERO as it relates to the Railbelt as an Interconnected bulk-electric system operating at 69 kV or above. SB 123 defines the requirements of the board to act independently and either be a balanced stakeholder board, an independent board or a combination of both. Our comments relate to the SB 123 requirements for the board to be balanced. Although SB 123 requires the ERO board to be a balanced stakeholder board, SB 123 offers few clues as to what groups or entities are considered stakeholders. However, AS 42.05.762 requires that the commission consider ERO applications that most fairly balance the interests of the interconnected bulk-electric system's stakeholder groups. SB 123 refers to the existing transmission/generation owner operators only as load serving entities, not generation and transmission owner/operators as well as load-serving entities. This leads to confusion when reading the regulations as the existing utilities are both transmission/generation owners/operators as well as load serving entities, but they are treated as one group within SB 123 and the language uses the term load-serving entities for the transmission and generator owner/operators. 1 25 SIB 123 does not mention or describe Independent Power Producers, private citizen power producers (residential pv for instance), marketers, government facilities, government loads or the residential, commercial or industrial customers of the load serving entities. It does, however, require the BES to plan to serve all of the needs of its customers as well as the requirements of the load-serving entities to serve their customer loads. Note that SIB 123 separates customers from load serving entities in its requirements. SIB 123 also requires the governing board to provide reasonable balancing of interests in exercising its duties but does not define the interests. It does not describe or require environmental or renewable energy interests to be included, for instance, however these interests are clearly covered in the requirement to serve the public interest. However, all of the groups not mentioned specifically are included by the global charge of SIB 123 to provide non-discriminatory service and by global requirements within the statute. The ERO must file an Integrate Resource Plan that meets all of the reliability requirements of all customers within its interconnected electric energy transmission network in a manner that provides the greatest value, consistent with the load-serving entities' obligations. Note again the distinction to serve the load-serving entities as well as its customers. An integrated resource plan must contain an evaluation of the full range of cost-effective means for load-serving entities to meet the service requirements of all customers, including additional generation, transmission, battery storage, and conservation or similar improvements in efficiency. The plan must meet the collective needs of its customers consistent with the public interest, regardless of ownership. Note this is another condition of SB 123 that specifically separates the load-serving (utility) interest from its customers. Note also that all future generation etc is a customer of the ERO, regardless of ownership and ownership of future resources is never differentiated. SIB 123 specifically restricts the activities of the IRP to the interconnected electrical system at 69 kV and above. It specifically names the customers of the 69 kV system to be new generation, transmission, battery storage etc as well as requiring the plan to be in the best public interest. Our interpretation of SIB 123 is that the bill clearly defines the existing utilities (referred to as load serving entities in the statute) as one stakeholder group, all customers of the BES as another stakeholder group and public groups that define the interest of other segments as another stakeholder group. 2 26 We believe that appropriate stakeholder groups as defined in SB 123 are 1)existing utilities 2) customers of the BES which include any new generation or other resources named in the customer group of the statute, to include Independent Power Producers, Power Marketers, Developers of BESS or other storage and energy facilities, load aggregators, or bulk demand-side management services and 3) large load/generation facilities such as certain industrial or DOD facilities interconnected at 69 kV and above 4) environmental and consumer advocacy entities serving the public interest and 5) non- dispatchable generation located within the load serving entities distribution systems whose individual size is less than 5 MW but whose total size throughout the system has the potential to be above 15 MW (a stakeholder to represent the interests that the system is planned for residential PV etc for instance.) The proposed ERO regulations provide a very restricted view of stakeholders, dividing all users, owners, customers and operators of the Bulk Electrical System (BES) into one group and customers, not of the BES, but the actual retail customers of the Load-Serving entities as the only other group. These regulations are much more restrictive than what is allowed under the framework of SB-123 and we believe do not adhere to the intent of SB-123 by including groups that are not customers of the ERO, but are customers of the Load-Serving entities (a stakeholder within SB 123) served by the ERO. The City of Seward has reviewed the proposed draft regulations and believes they offer a framework for the ERO going forward. We believe the concept of a balanced board that means the board is balanced between various stakeholder groups is good and will lead to productive and effective governance for the ERO. We understand the need to have at least 3 stakeholder groups included in any vote for action by the ERO and agree with that provision. We disagree with the 6-year sunset provision of the CPCN for the ERO. Once accepted, barring instances of misconduct or lack of performance, the CPCN should be allowed as an evergreen certificate. To require the ERO to go through the expense and time of a hearing if it is doing its charged duties is an unnecessary and burdensome expense to the Railbelt. 3 27 We have some fundamental disagreements with the definition of the stakeholder groups and believe the proposed definitions lead to complex and easily misconstrued meanings within the proposed regulations. Fundamentally, the ERO is an organization that manages and organizes the operation and planning of the Bulk Electrical System (BES). Defined in SB-123 as the interconnected transmission system above 69 M It's Reliability Standards impact the retail, commercial or industrial customers of the load-serving entities within the Railbelt, but these impacts are dwarfed by the impact of the reliability or design standards of the load-serving entities. These groups are not customers or consumers of the Bulk Electrical System, but rather they are customers of their load-serving entity who in turn is a customer of the ERO. Consequently, they should not be included as a customer or consumer group for purposes of governance. We believe SB-123 requires the ERO to include the needs of all its customers, meaning those entities using or purchasing services from the ERO as opposed to the customers of its customer. SB-123 specifically requires the ERO to meet the needs of all its customers and the needs of the energy transmission network consistent with the load-serving entities obligations. Note that nowhere in the statute are the requirements of retail, commercial or industrial customers mentioned or even inferred. SB-123 requires the IRP to contain an evaluation of the full range of cost-effective means for load-serving entities to meet the service requirements of all customers including additional generation, transmission, battery storage, conservation or similar improvements in efficiency. This clearly defines the customers of the ERO as the load-serving entities and other customers of the BES. However, the proposed regulations re-define all of these entities as Owner/Operators, which is not consistent with the language of SB-123. The primary purpose of the ERO as charged to date is to develop reliability standards for the BES and perform system planning for the BES. Retail, Commercial and Industrial consumers are far removed from the BES and have no basis to be included within its governance. For instance, from statistics readily available from one Railbelt utility, consumer outage hours due to impacts other than the BES accounted for 99.9% of its customer's outages, or, outages attributed to the Bulk Electrical system accounted for less than 0.1% of the utility's 2020 outages. These statistics vary during any given year, but typically, distribution customer outages rarely exceed 1-3% of a distribution utility's total customer outages. Requiring essentially 50% of the governance structure of the board be filled by a group with negligible impact from the BES is against the concept and the tenants of the ERO. From a planning or IRP perspective, the ERO is clearly required to plan for the users of the BES, this would include the load serving entities, utility generation, non-utility 4 28 generation and environmental requirements or obligations of the Bulk Electrical system. The entities it is required to plan to serve, defines its Owners/Operators/Customers. It has no responsibility to plan or develop any facilities for Retail, Wholesale or Industrial customers other than to meet the requirements as defined by their load-serving entity. That is, the load-serving entity has the requirement to serve its customers that cannot be transferred or assumed by the ERO. The fact that the ERO is not directly responsible for the service to the load-serving entities customers is specifically addressed in several places within SB 123. The ERO must meet the needs of its customer, the load serving entity. The load-serving entity may serve their customers with efficiency, generation or other improvements located within its own distribution system. The ERO is responsible for planning to serve the load of its customer, the load-serving entity. The load serving entity's needs are determined by them, not the ERO and consists of load that is not served by the load-serving entities own generation or resources not located on the BES and not part of the ERO planning requirements. For instance, the load serving entity can utilize distributed generation located within its distribution system owned and operated by either the utility or an independent power producer to meet the needs of its members/customers. These loads would not be served through the BES and the BES has no obligation to plan to serve these loads unless the load-serving entity requests additional service and they are arguably not even receiving indirect service from the ERO. Consequently, since there are no retail, wholesale or industrial customers of the BES and the BES has no obligation to plan to serve the group of customers defined in the proposed regulations. This creates a struggle within the proposed regulation's governance to fill any Board positions from a non-existent stakeholder group, resulting in board positions being split into fractional portions to fill the void of the group that doesn't exist in the Railbelt BES. However, we believe the concept of defining the groups as essentially Owner/Operators and Customers/Users of the Bulk electrical system is good and could be achieved with the actual customers and users of the Bulk Electrical System. In our opinion, the Owners/Operators/Users of the BES are defined by the requirements of the BES to plan to serve the stakeholders or take their interests into account in the development of the plan. If there is not a requirement to plan for and to ultimately serve the entity, they cannot be a customer, owner, operator or user of the BES. Owner/Operators/Customers 5 29 We agree that one user group would include the Owners/Operators of the Bulk Electrical System and their load-serving entities. There is an obligation to serve these utilities as part of the IRP and as part of the requirements of the ERO. These utilities have an obligation to serve their customers that cannot be subrogated by any other entity. While the Reliability Standards may have economic impacts on others within the BES or other userslcustomers of the BES, only the Owners/Operators have a duty to serve and incur costs to meet service standards for their customers. For instance, if a generation performance standard is not met by a generation resource, the Owner/Operators have a duty to serve their loads in a reliable manner and may incur additional costs in generation to make up for the insufficient performance of a unit connected to the BES, even if the non-performing unit is not within their ownership or control. This duty of care is not borne by any other user or customer of the BES. The Owner/Operators of the system have performance requirements above and beyond those contained within the Reliability standards. If a non-ownerloperator does not meet a Reliability Standard, it may face fines or sanctions after the fact, however if a owner/operator does not meet a Reliability Standard it may face the same fines/sanctions but in addition it will incur other costs or take other actions to guarantee reliable service to its memberslowners. Consequently, the Owner/Operators of the BES are unique in their obligations and role and should not be grouped with other merchant plants connected to a load-serving entities distribution system or even the BES. In addition, SB 123 specifically requires the load-serving entities (utilities) to meet the needs of the ERO customers. Note this requirement is specifically placed upon the load-serving entities, not the ERO. The Owner/Operators are the only groups within the ERO that are subject to all of the Reliability Standards, Facility Standards and Critical Infrastructure Standards. The facts that the Owner/Operators have obligations and performance requirements not included in any other group within the BES would support they are unique within the ERO and a group by themselves. However, SB 123 clearly states that new generation or other resources are customers of the ERO. So although existing utility generation or resources may not be a customer, any new resource, regardless of ownership is clearly defined within SB 13 as an ERO customer. SB 123 also requires the actual load-serving duties of the existing utilities be 6 30 defined as a customer of the ERO and that the ERO must plan to serve the needs of this group. Users/Customer Stakeholder Groups Merchant Plants/IPPs We believe that merchant plants/IPPs could be a user of the BES and should be a defined group within the ERO. Although the Railbelt BES planners have not historically planned to serve merchant/IPP plants, and there are no current merchant/IPP users of the BES, that is not the fault of any merchant/IPP. We believe that the IRP is required to include merchant/IPP plants in the development of the IRP. If the merchant/IPP plant is chosen as the preferred alternative, then it should be served by the BES and the IRP would include any transmission planning required to integrate the plant into the BES. Therefore, a merchant/IPP plant meets the test that the BES is required to plan for and serve a merchant plant and is also specifically outlined in SB 123 which states "An Integrated Resource Plan must contain an evaluation of the full range of cost-effective means for load-serving entities to meet the service requirements of all customers, including additional generation, transmission, battery storage and conservation or similar improvements in efficiency". The classification that a generation plant is a customer of the BES requires the plant to be considered separately than the Owner/Operator stakeholder group and also note that the load serving entities (utilities) must meet these requirements. Merchant plants directly connected to the BES are customers of the ERO. The ERO has an obligation to plan for and to serve them and the merchant plant would pay a fee to utilize the BES. The fact that the merchant plant makes a profit selling to another entity within the ERO is irrelevant to its classification, since it is not guaranteed a profit for its operation nor is the fee based on the profit of the IPP transaction. It pays a fee to use the BES and to compensate the ERO for the planning required for its interconnection to use the BES and is therefore a customer of the ERO. For instance, a merchant plant could be a cooperatively owned, not for profit plant interconnected at the 69 kV level. The fact that it is a non-profit plant does not relieve the ERO from planning to serve the plant and providing service to it as a customer of the ERO. Merchant plants connected to a load-serving entity's distribution system (system below 69 kV) are not planned to be served by the ERO nor is it subject to the interconnection requirements of the ERO, which only governs interconnection to the BES. The merchant plant is subject to the interconnection standards of the distribution entity to which it is connected, not the ERO standards. 31 Merchant plants above a certain size not connected to the BES are subject to certain Reliability Standards developed by the ERO and as such, deserve to have representation on the ERO. However, merchant plants have no duty to serve and no obligations other than those required to its shareholders and by limited reliability standards. We believe that merchant plants or IPPs are a separate group within the ERO and that is supported by SIB 123 which classifies new generation as a customer of the BES/ERO. These plants could be further divided into 1) BES connected facilities subject to the Facility, Reliability Standards and Interconnection standards of the ERO and 2) those facilities not connected to the BES and subject to only certain BES Reliability Standards. Government Government funded facilities are users of the BES. The fact that they are or are not for profit entities is not germane to issue of classification. The fact that a government agency owns a facility, but contracts its use, maintenance and operation to another entity is not equivalent to an owner/operator/user entity. Its interests are those of an owner only. The obligations of the Reliability standards, Facility Standards and CIP standards are borne by the users of the facility, not the Owner. Therefore, the Owner should not be classified the same as an owner/operator that has an obligation to serve, as it has no obligation. It should also not be classified the same as an IPP for instance as it essentially is a customer whose interest are restricted to those of an owner and not a customer using the services of the ERO. The BES planners have historically planned for the operation and integration of government funded/owned generation and transmission facilities and we believe the ERO has an obligation to plan and develop the BES to integrate these facilities into the IRP. Therefore, government owned facilities pass the test that the ERO has an obligation to serve and are therefore a customer of the BES. Other government entities exist as both customers of the BES, customers of distribution load-serving entities and as generation owner/operators directly connected to the BES or connected through a load-serving entities distribution system. The loads within the facilities may or may not be included in a utilities' load-serving entities planning area. Historically, the Railbelt BES planners have not planned to serve or consider the requirements of these government entities in the development of the BES. However, SIB s 32 123 specifically requires the ERO to plan for all loads within the bulk transmission systems' area. We believe these facilities should be included in the IRP and the BES has an obligation to plan to serve all load-serving entities within the Railbelt. The fact that some of these facilities have not historically participated in BES planning does not mean they shouldn't or won't in the future. We believe that Government owned facilities represent another group within the Railbelt. Non-Electrical Users Within the Railbelt region, the users and developers of the IRP must consider entities not strictly defined by electrical users. The IRP will impact natural landscapes, CO2 emissions and other non-electrical characteristics for all Alaskans. As such, the IRP must consider the impacts to the environment, fishing groups, hunters and recreationalists. We believe that since the IRP has an obligation to consider the interests of these groups within the IRP, this group requires representation on the ERO. We believe this position should be a ERO funded position as the interests of this group, even if represented by a State employee are not funded to support the activities of the ERO. Consumer Advocates The Railbelt ERO is unique among EROs in the US. It is the only ERO composed exclusively of not-for profit utilities. As such, all of it members, save one, are member- owned and the cooperatives take pride in being responsive to the needs and desires of their members. Consequently, the need for an independent consumer advocate could be challenged. However, we believe that it is important that consumers of any load-serving entity have a single representative to contact should they feel they are not being represented fairly by their cooperative or load-serving entity. We would recommend a single consumer advocate be part of the ERO. We believe that the consumer representative should be a compensated position as such organizations are not generally funded to participate in organizations such as the ERO. Non-©ispatchable Generation In the future, the Railbelt system may include significant non-dispatchable generation not connected to the BES such as roof-top PV, wind turbines, or small scale (<10 MW) PVlwind 9 33 facilities. While individually, these facilities would not meet the standards required for inclusion by the BES, collectively, they represent a potential large generation resource that will have significant impact on the IRP planning and future standards. Since these resources will collectively require consideration and action during the IRP planning process and will require planning at the BES level to accommodate the collective impact of the resource, the non-dispatchable industry should have representation on the ERO as a member group. We believe this representative should also be a ERO funded position as it will represent a broad range of interests that are not typically funded to support the representation of the ERO. Summary If the ERO board is re-aligned to include its actual users and owners/operators, many of the same details within the proposed regulations would remain, but their implementation becomes much more simplified and less likely to be misconstrued. In summary, we agree with the over-arching concept contained within the proposed regulations and we believe that the concept and many of the provisions within the regulations can be implemented with modifications. However, we believe the incorrect classification of groups that are not affiliated with the BES complicates the implementation of the proposed regulations since every entity that directly connects to or is impacted by the BES are forced into one classification and entities that have no connection or affiliation with the BES make up the other major group. We believe this violates the language and intent of SIB 123 and while SIB 123 may not define all of the ERO customers, it clearly defines certain customers that are placed in the owner/operator stakeholder group within the proposed regulations. The ability to find or define entities that don't exist makes the regulations complex, difficult to implement and easily misconstrued. Respectfully Submitted 614a 611),;�,-t, Cory R. Borgeso Interim Utility Manager 10 34 1 1 • om®�a�a o®a®moo®o® ®gym®�o�o • Railbelt Reliability Council (RRC „Year One I ommrttc� rcrr I II COMMUNITY DEVELOPMENT Community Development Director, Jackie Wilde • Jesse Lee Home demo- Council will be deciding on the rezone of the property at the January 111' council meeting. Contractor continues to remove material. Weather and cold temperatures have caused a slow in the process. • Seward Animal Shelter is in a holding pattern due to funding. • Updating GIS, and Cemetery Data • Working to Scan all Files for electronic use • Assisting administration with the Gateway subdivision assessment district • Assisting Harbor and Fire department with replat of City land to be brought forward at a later date • P & Z work session to discuss the Dwellings definitions in City Code. P & Z will be holding an additional work session on January 19, 2021 @ 6:00 pm 36 Planning fundamentals for public officials i • •i•ei citizens This PAS OuickNotes wasprepared Anna Read,senior program and research associate atAPA. Using Online Tools o t� 8 sp Mo.e for Public Engagement Social media and online engagement tools provide new opportunities for planners to collect and share a w e sem ng-mo wsoae me sb y information with the community and engage in conversations with community members.Increasingly, °��� ' � C�a1oga�otyAdm,� ,ziie�a '. building.�1a ,ngco wyahoga oh us/about these tools and platforms—which can include information gathering with voting tools and surveys, a '`° ° collecting responses on Twitter and Facebook,and hosting i nteractive Twitter Town Halls and GoogIe �_�: Hangouts—are becoming a part of local public engagement strategies,as they offer new forms of inter- o action with community members,create opportunities to expand the reach of traditional engagement The activities,and produce additional data to support planning activities. Commission maintain a awing Commission maintains a Twitter Local governments can look to social media platforms and other online engagement tools to overcome account to share news. some of the barriers posed by traditional engagement strategies.Public meetings can be sparsely attend- ed and,whether they're held on weekday evenings or weekend mornings,will always be at time when segments of the population cannot attend.And,as shown by survey data from Public Agenda,many local officials feel that the public can be both disengaged and distrustful,and that public meetings are often dominated by"professional citizens"and people with narrow agendas.Online tools and social media plat- forms remove the time constraints of in-person meetings,offer opportunities for community members to engage in new and interactive ways,and can bring new voices into the engagement process. Recommendation 1:Supplement Existing Engagement Strategies Online engagement tools offer an opportunity to expand and diversify participation in the engagement process,bringing more people to the(metaphorical)table.Social media platforms and online engage- ment tools provide the most benefit when they are combined with traditional outreach strategies. Online engagement tools and social media platforms,combined with traditional outreach,can broaden outreach and engage community members in new ways. Nearly a quarter of U.S.adults do not use the Internet at home.According to the Pew Research Cen- ter's Internet&American Life Project,15 percent do not use the Internet at all,and nine percent use it outside the home but do not have a home connection.These numbers underscore the importance of continuing to use traditional media and outreach platforms,so that bringing new technologies into outreach strategies does not mean increasing engagement with one segment of the population,only to lose the voices of another. Recommendation 2:Choose the Right Tools for the Situation From social media platforms to more advanced online engagement tools,there are many online en- gagement tools to choose from.These include both qualitative and quantitative tools and can generally be categorized into those that allow sharing information,those that allow for the collecting of infor- mation,and those that provide an opportunity for the exchange of information.As reflected by these categorizations,these tools allow for different levels of engagement and interaction. When selecting tools,it is important to consider the issue being addressed,the point in the planning process,and the ability of planning staff to support or manage the technology being used.This includes staff capacity to respond to social media posts or other interactive features. To choose the right tools,it is also important to look at who you are trying to reach or engage with and to understand who uses different social media platforms.According to the Pew Research Center,72 percent of adults online use social networking platforms,with 42 percent reporting that they use mul- American Planning Association Making Great Communities Happen A Publication of the American Plan nin(�7�ssociation I PAS QuickNotes No.51 tiple social networking platforms.Facebook is used by the majority of online adults under age 64,while Twitter and Instagram usage is concentrated in the 18-29 age group,with around one-third of Internet users in this age group reporting using these platforms. Assessing and evaluating throughout the planning process will help ensure both that tools are being used effectively and that the right tools are being used.Look at areas where high levels of engage- ment are occurring,areas where lower levels are occurring,and who is engaging with what tools and platforms.Continuous evaluation of online engagement strategies can also ensure that they can be successfully applied to future planning efforts. Recommendation 3:Use the Data Collecting the data is only part of the process.Online tools and social media platforms offer the oppor- tunity for an open exchange of information between planners and community members.And just as with traditional outreach and engagement processes,it's notjust collecting information(data),but what you do with it that is a measure of the engagement process. The use of social media and online engagement platforms has the potential to produce a lot of data, whether in the forms of votes on community preferences,survey results,Facebook comments,or exchanges on Twitter,among others,so it is important to have a strategy and staff capacity in place to REFERENCES manage and analyze this information to ensure that it is used in a meaningful way. 1.Published by the American Recommendation 4:Connect the Dots Planning Association When expanding engagement strategies beyond traditional outreach,it is important to connect the Evans-Cowley,Jennifer and Joseph dots.Outreach at the front end of the planning process has happened across multiple platforms,so it Kitchen.2011.E-Government,Revised needs to continue at the end of the process.And outcomes need to be shared across these same plat- Edition.PAS Report No.564.Chicago: forms.If comments are solicited on Facebook and Twitter,outcomes should be shared on Facebook and American Planning Association.Avail- Twitter.This helps ensure that you are building a quality presence on the outreach platforms that you able at www.planning.org/pas/reports. are using and helps to ensure that community members who participated are able to see the results of The Plan ners'Com m u nications Guide their engagement with the process,which is important to building continued engagement. 2.0.2013.Chicago:American Planning Summary Association.Available at www.planning .org/communicationsguide. Social media platforms and online outreach tools offer new opportunities for planners to engage and 2,Other Resources interact with the community throughout the planning process.When you're deciding which tools to use,it is important to consider who is using them and how,and which are best suited to the specific Hagelscamp,Caroline,John Immerwahr, issue or part of the planning process.As with traditional outreach strategies,it is notjust sharing infor- and Jeremy Hess.2013.Testing the Wo- mation and collecting input,but analyzing and incorporating that information.Using social media plat- ters:California's Local Officials forms and online engagement tools can produce significant amounts of data,so it is important to select Experiment with New Ways to Engage the tools that can be supported(both in terms of technology and staffing capacity)and have a strategy in Public.San Francisco:Public Agenda. place to manage and analyze the data collected.Finally,if social media is used to collect information, Available at www.publicagenda.org social media should be used to share outcomes. /files/testingwaters—public agenda-2013.pdf. Hoene,Christopher,Christopher King- PAS QuickNotes(ISSN 2169-1940)is a publication ofthe American Planning Association's Planning Advisory Service(PAS). sley,and Matthew Leighninger.2013. ©2014 by the American Planning Association.All rights reserved.No part of this publication maybe reproduced or utilized in Bright Spots in Community Engagement: any form or by any means,electronic or mechanical,including photocopying,recording,or by any information storage and Case Studies of U.S.Communities Creat- retrieval system,without permission in writing.Visit PAS online at wwwplanning.org/pas to find out how PAS can work foryou. ing Greater Civic Participation from the American Planning Association staff James M.Drinan,iD,Executive Director,David Rouse,AICP Managing Director of Research Bottom Up.Washington,D.C.:National and Advisory Services;David Morley,AicP,and Anna Read,Qu ickNotes Editors;Julie Von Bergen,Assistant Editor;Susan Deegan, League of Cities.Available at www Senior Graphic Designer. kn ig htfoundation.org/media /uploads/publication—pdfs/Bright Spots-final.pdf. Pew Research Center.2014.Internet& American Life Project.Available at www.pewinternet.org. A Publication of the American Plannin(�association I PAS QuickNotes No.51 To: The Honorable Christy Terry The Seward City Council Norm Regis, Acting City Manager From: Brad Gilman, CJ Zane, Sebastian O'Kelly & Genevieve Cowan Re: Washington Update Date: December 22, 2020 1. FY 2021 Appropriations: The Congress has bundled all 12 appropriations bills into a roughly 5,500 page Omnibus Appropriations Bill to fund the Federal government through the rest of FY 2021. The bill includes a CV-19 relief package (see item 92) as well climate energy- related provisions, reauthorization of the Water Resources Development Act (WRDA), and reforms to limit "surprise billing" practices in medicine. The Omnibus' regular annual appropriations for both non-defense and defense spending totals an estimated $1.4 trillion, up slightly from FY 2020 levels. The bill has passed Congress and is expected to be signed by the President despite his recent request to remove foreign funding and increase the stimulus checks for individuals from $600 to $2000. Congress has spent months negotiating this legislative package and both chambers passed the legislation with a veto-proof majority so even if the President vetoes the bill Congress will override that action. Important Documents: Please use the following links for bill text,joint explanatory statements, and information regarding this package: • The full bill text of H.R. 133 can be found here • Joint Explanatory Statements by Division can be found here • A division-by-division summary of COVID-19 related provisions can be found here • A division-by division summary of authorizing measures can be found here • A division-by-division summary of appropriations provisions can be found here 2. Lowell Creek Tunnel/WRDA: The WRDA title of the Omnibus extends the Corps' responsibility for maintaining the Lowell Creek Tunnel for an additional five years to November 8, 2027. 3. CV-19 Emergency Relief: After months of delays and stalled negotiations, Congress has agreed to the next CV-19 relief package which has been attached to the Omnibus Appropriations Bill. Total funding is an estimated $900 billion. It is the second highest amount of CV-19 legislative relief this year after the CARES Act ($2.3 billion). The bill does not include $160 billion in State, local and tribal government (SALT) relief, as had been proposed by the bi-partisan working group of House and Senate members earlier in the 39 month. It does, however, include language extending SALT use of CARES funding until Dec 31, 2021. The additional SALT funding had been tied to provisions that would have limited employer liability from COVID-related lawsuits. When the parties were not able to reach agreement on both items, they were dropped from consideration and the proposed SALT funds were instead used for an additional round of individual stimulus checks. Leading Democrats and President-elect Biden have stated their desire to bring up additional SALT relief in the next Congress. Major funding and provisions are as follows. We are still going through the text to examine some of the fine print that is included in bill report language (several additional thousands of pages). • SALT Use of CARES Act Stabilization Funds — The deadline for expenditure of funds is extended to December 31, 2021. Greater flexibility for the use of funds was not included. • Small Business/Non-Profits -- Paycheck Protection Program (PPP) -- $284 billion. Eligibility is extended to Section 501c6 non-profits (many local Chambers of Commerce, tourism boards, and destination marketing organizations). Small news organizations are also now eligible. Prior PPP recipients may apply for a second loan if they experienced a 25 percent or greater revenue loss in one quarter of 2020 compared to the same quarter in 2019. PPP loans will now be tax deductible. Separately, additional funding is provided for SBA's Economic Injury Disaster Loan Program, including $10,000 per low income business who did not previously qualify for PPP funds. A CARES Act requirement that deducted EIDL loans from a PPP loan has been repealed. • Unemployment -- $120 billion. $300/week Federal supplement until March 14, 2021. It includes "gig economy" and 1099 contract workers. • Individual Stimulus Checks -- $166 billion. $600 per adult and child with eligibility caps of $75,000 per individual/$150,000 per household. The Treasury Department has indicated it can start sending benefits soon. • Education — $82 billion. $54.3 billion is to be distributed to local public schools via formula under the Elementary & Secondary Education Act to cover costs such as distance learning, PPE, laptop computer purchases, school building/classroom modifications, etc. $22.7 billion is provided in relief to higher education institutions. $4 billion is provided to the Governors Emergency Education Relief Fund established in the CARES Act. • Vaccine Purchase & Distribution, CV-19 Testing & Mitigation — $69 billion. $22 billion of the amount is provided to the States for further use and distribution of CV-19 testing, tracing and mitigation. CDC is provided $4.5 billion for State, local, territorial and tribal health departments to distribute, administer, monitor and track vaccinations. 40 • Healthcare Provider Assistance -- $3 billion is added to the CARES Act Public Health and Social Services Emergency Fund for grants to hospitals and providers to be compensated for CV-19 expenses and lost revenues. Mandatory spending of $4 billion/year for Community Health Centers is extended through FY 2023. • Fisheries Disaster Assistance -- $300 million (see item 9 10) plus new USDA relief for seafood processors. • Transportation -- $45 billion as follows. This funding is all in addition to regular annual appropriations. o $2 billion for FAA grants in aid to airports at 100 percent Federal cost share. $200 million is set aside for concessionaire,parking and car rental agency assistance. o $23 million for Essential Air Service and $20 million for the Small Community Air Service Development Program. o $2 billion to cover payroll costs for the private motorcoach, school bus and passenger ferry industry. o $14 billion for mass transit (funds would include AMHS). These funds can be used to supplement lost revenue and maintain service). o $10 billion is provided for State Highway Programs. These funds can be used for lost preventative maintenance/operations/personnel costs for highways as well as for ferries. o $15 billion to continue the airline payroll support program funded under the CARES Act. • Broadband -- $7 billion. Includes funding for a new rural broadband program. $1 billion is reserved for tribal broadband. • Food Assistance -- $13 billion for additional funding for food stamps, food banks, and senior nutrition programs. • Childcare Providers — $10 billion for a new stabilization fund that gives grants to childcare providers operating under State or local licensing or other requirements. Funds are distributed to the States via formula under the Child Care Development Block Grant Program. • Rental Assistance -- $25 billion is provided for a new rental assistance program for past due rent, future rent payments, and to pay utility and energy bills, with $800 million set aside for Native Americans. The home eviction moratorium is extended until January 31, 2021. • Theaters, Concert Venues & Museums: $15 billion is provided for a new SBA grants program for concert venues, independent movie theaters and museums provided they can show large revenue losses. 41 • Mental Health & Substance Abuse: HHS's Substance Abuse and Mental Health Services Administration has $240 million for emergency grants to states; and at least $125 million to Native Americans across a variety of block grant programs • Postal Service — Conversion of a $10 billion loan provided by the Treasury under the CARES Act into a grant. There are no reforms or changes to the Bypass Mail Program. 4. 2020 Federal Election Results • Presidential: The Electoral College met on December 14th and has declared President- elect Biden the winner. He will be sworn in on January 20th. He has been selecting his choices for Cabinet Secretaries and senior White House positions at a steady pace. • Senate: The Republicans had a 53-47 advantage coming into the election. The Democrats gained 2 seats (Colorado & Arizona) and the Republicans gained one (Alabama). There are two Republican held seats in Georgia that face run-off elections on January 5. Should the Democrats flip both seats then there would be a 50-50 ratio but the Democrats would control the chamber with Vice President-elect Harris breaking the tie. If the Republicans succeed in one or both races, they will have a 51-49 or 52-48 majority and chamber control. o In Alaska, Senator Sullivan won his race by a 54 percent to 41 percent margin. He is expected to return to his positions on the Armed Services; Commerce, Science & Transportation; and Environment & Public Works Committees, as well as retain his two Subcommittee Chairmanships on the first two Committees. Senator Murkowski will have to give up her Chairmanship (or Ranking Member position should the Democrats take the Senate) of the Energy & Natural Resources Committee due to Republican Caucus rules on term limits on Committee leadership positions. She will remain as a member of that Committee. She will also assume the Chairmanship of the Indian Affairs Committee and retain her Chairmanship of the Interior Appropriations Subcommittee. She is up for re-election in 2022. • House: The Democrats will have a narrow majority of 222 seats to 212, with 1 race yet to be called. Republicans picked up a total of 11 seats and gained back a number of seats they had lost in the 2018 mid-term election. Three Democrats have been tapped for Cabinet positions in the Biden Administration, but their seats are very likely to remain under Democratic control. o In Alaska, Rep. Young won his race by a 54 percent to 45 percent margin. He will retain his positions on the Transportation & Infrastructure and Natural Resources Committees. He is the Ranking Member on the Subcommittee on National Parks, Forests & Public Lands and will likely keep that position. o The top House leaders, in both parties, for the 117th Congress are listed below: 42 Democrats ■ Speaker of the House: Nancy Pelosi (D-CA) ■ Majority Leader: Steny Hoyer(D-MD) ■ Majority Whip: Jim Clyburn (D-SC) ■ Assistant Speaker: Katherine Clark(D-MA) ■ Caucus Chair: Hakeem Jefferies (D-NY) ■ Caucus Vice Chair: Pete Aguilar(D-CA) Republicans ■ Republican Leader: Kevin McCarthy (R-CA) ■ Republican Whip: Steve Scalise (R-LA) ■ Republican Conference Chair: Liz Cheney (R-WY) ■ Republican Policy Committee: Gary Palmer(R-AL) ■ Conference Vice Chair: Mike Johnson (R-LA) ■ Conference Secretary: Richard Hudson (R-NC) 5. Return To Earmarks: Momentum continues to build in the House to return to earmarking in the 1171h Congress, although a final decision will not be made until early 2021. If the House moves forward, we anticipate that earmarks will be limited to State and local governments and non-profits and require approval from the elected body of State or local government who is requesting them. The latter requirement has always been part of our standard operating procedure when submitting Federal project and priority requests to the Delegation. There will likely be transparency requirements put in place similar to when the earmarking was reformed a decade ago before the moratorium went into effect. Other standards such as programs/agencies eligible for earmarking, dollar amount and type of earmarks have yet to be determined. The Senate has so far been silent on whether to reinstate the practice next year. All three Alaska Delegation Members favor its return. We will continue to keep you apprised of developments and recommend, as has been the case in previous years both in the earmark era and since, that you develop and approve a Federal projects and priorities list to submit to us in early 2021. We will handle the necessary form filing and submission with the Delegation as we have done in previous years. 6. Infrastructure Investment: The Biden Administration has promised to make this issue a top priority with a focus on not only expanding traditional surface transportation programs, but has vowed to expand the use and development of green transportation technologies with a climate change focus. The Administration will also push other forms of infrastructure such as smart electric grids, broadband and clean water projects. In the interim, Congress has extended the authorization for current surface transportation spending through FY 2021. As has been the case for the last four years, a major challenge is finding a"pay for'' to fund transportation initiatives which have been facing a budgetary shortfall just meeting current obligations under existing formulas. Congress has shown a reluctance to raise the Federal gas tax, the traditional source of revenue for transportation projects, which sits unchanged since 1993 at 18.4 cents per gallon. One possible option is that the Biden 43 Administration could forego seeking a "pay for" and just add the spending on top of the Federal deficit, or seek to fund it through an increase in the tax rates for corporations or higher income earners as he proposed in his campaign 7. Arctic Issues/Coast Guard/Ice Breakers: Senator Sullivan has chaired two subcommittee hearings this month that have exposed security vulnerabilities in the North Pacific, including testimony that highlighted Russian military exercises that entered into the U.S. EEZ in the Bering Sea, with Russian warplanes and vessels harassing several U.S. fishing vessels with threatening maneuvers in August and September incidents. In response, the Coast Guard has diverted its one remaining heavy ice breaker, the Polar Star, from its normal mission in the Antarctic to patrol the North Pacific. Separately, it is seeking to lease two medium ice breakers to also patrol the North Pacific. One vessel under consideration is the Aiviq, currently based in Florida, and previously used when Royal Dutch Shell was actively pursuing oil exploration in the Chukchi Sea. The other ice breaker may be leased from Finland. Senator Sullivan is urging the Coast Guard to homeport the two vessels in Alaska. Separately, construction of the new Polar Security Cutter (PSC) is expected to get underway in 2021 with delivery of the first vessel in 2023. This year's defense authorization bill includes an authorization for construction of a total of six PSCs over the coming decade, three of which the Coast Guard would prefer to be heavy ice breakers, the other three medium class. The leased vessels would serve as interim measures until the PSCs are operational. The Coast Guard is currently conducting a home- porting analysis for the PSCs which is due to be completed by the end of 2021. During the second hearing, the Coast Guard promised to improve its communication and guidance with the U.S. fishing fleet to be better prepared should the Russians again enter our EEZ and engage in similar tactics in a future military exercise. Lastly, the WRDA bill which has been included in the Omnibus/CV-19 relief package includes authorization for over $500 million for construction of a deep draft port in Nome. 8. Fisheries & Oceans • CARES Act -- Fisheries Disaster Relief: The State of Alaska finalized its expenditure plan on December 71' for its $50 million share of the total funding nationally ($300 million) and has submitted it to NOAA for review. The plan allocates funding to — commercial fishermen (35 percent); processors (32 percent); recreational charterboat operators (27 percent); subsistence users (5 percent) and aquaculture (1 percent). Once approved by NOAA, the Pacific States Marine Fisheries Commission will handle the processing of applications and awarding of funds to eligible individuals/businesses. Applicants must sign a sworn attestation that their revenue losses exceed 35 percent when compared to the average annual year from 2015 to 2019. Applications forms and directions can be found at the links along with Alaska's final plan. Alaska final expenditure plan Application forms • USDA Seafood Trade Relief Deadline Extended: The application deadline for $530 million is seafood trade relief has been extended from December 141h to January 151h for 44 certain fisheries that have been negatively impacted by unfair trade and tariff practices by China and the European Union. Eligible commercial fishermen include those that participated in the following fisheries — salmon, cod, pollock, crab (Dungeness, king, snow and southern tanner), sablefish, and Atka mackerel, among other species. Through December 91h, USDA had paid more than $140 million on nearly 6,000 applications, with approximately 2,700 applications under review. Alaska represents the largest pool of applicants. Details on applying and other requirements can be found here. • COVID-19 Legislation—Additional Fisheries Disaster Relief: The COVID Relief Bill includes an additional $300 million in NOAA CV-related fisheries disaster relief that largely follows the same framework and criteria as the CARES Act funding but includes the Great Lakes fisheries ($15 million) and sets aside $30 million for tribal fisheries. Separately, the bill qualifies seafood processing facilities and processing vessels for USDA grants and loans to cover the costs related to CV-19 workforce protection measures. The amount is not specified but seafood processing businesses would be wrapped in with other businesses including small to mid-size agricultural producers and processors as part of total amount of funding of $1.5 billion. The funding would also include USDA commodity purchases. The USDA will need to spell out application criteria and procedures post-enactment of the legislation. • Save Our Seas Act: This bill, sponsored by Reps. Young and Bonamici (D-OR) in the House and Senators Sullivan and Whitehouse (D-RI) in the Senate is now law. Among other measures, the legislation establishes or requires -- a Marine Debris Response Trust Fund to combat marine debris events; a prize for innovation in capturing or preventing plastic waste; a strategy by EPA to reduce plastic from entering the waste stream and improve recycling; and engagement by the U.S. in negotiating further international agreements to reduce marine debris. • Young Fishermen's Development Act: The legislation would establish a training and development program to bring new and younger fishermen into the industry. The bill seeks to accomplish this objective by creating -- a competitive grants program for collaborative partnerships; a mentorship/apprenticeship program to connect retiring fishermen with beginning fishermen; financial support for local and regional training and education in sustainable and accountable fishing practices, marine stewardship, and business practices. The bill has passed the House and Senate and awaits the President's signature. • Digital Coast Act: Legislation sponsored by Senators Baldwin (D-WI) and Murkowski — S. 1069, the Digital Coast Act—to improve the digitization of U.S. coastal mapping has now cleared the Congress and is ready for the President's signature. The bill seeks greater use and deployment of advanced remote sensing and geospatial imaging by NOAA, in partnership with other Federal agencies, State and local governments and the private sector, with the goals of better mapping of coastal infrastructure, elevation, land use/cover, living resources and habitat, and human uses. 45 • Illegal Unreported Unregulated (IUU) Fishing: Interpol has released a study identifying links between IUU and organized crime, with a prevalence in Asia and utilizing difficult to track shell companies in offshore financial havens. Some estimates place IDU fishing being responsible for 20 percent of the world's catch as well as being a major source of brutal forced labor and human trafficking. More information can be found here.. Separately, NOAA has produced its interagency work plan to combat IUU fishing. A subgroup has been assigned to tackle illegal seafood imports. The plan can be found here The annual defense bill includes a reporting requirement for the Department of Defense, in coordination with the Coast Guard, on inclusion of counter-IUU fishing actions as part of its annual at-sea exercises. Lastly, the FY 2021 Omnibus includes a reporting requirement from NMFS on efforts to curtail illegal seafood imports harvested through IUU fishing. • Recreational Charterboat Halibut Regional Quota Entity (RQE): Legislation has passed the House and Senate that authorizes the creation of an RQE to purchase commercial halibut quota and transfer it to the charterboat halibut sector. The legislation was pushed for by Alaska's charterboat fleet as a means to extend halibut recreational fishing seasons and bag limits. The RQE is supported by the North Pacific Fishery Management Council. • Ocean Climate Legislation: Rep. Raul Grijalva (D-NM), Chairman of the House Natural Resources Committee has introduced H.R.8632 — The Ocean-Based Climate Solutions Act of 2020 — a 300 page+ bill that aims to address many aspects of ocean- related climate change, including development of a blue carbon economy and trading credits; greater ocean climate research, promotion of green ocean energy technologies and prohibition of OCS oil and gas leasing; and reduction in carbon emissions from large shipping vessels among other measures. The bill does include fisheries management provisions, including making fuel efficiency or renewable energy retrofits of fishing vessels eligible for Federal Maritime Administration loan guarantees; eliminating fishing subsidies that contribute to overfishing in international trade agreements; and establishing a Shifting Stocks Taskforce to examine fisheries that are moving from one Regional Fishery Management Council's jurisdiction to another. The most controversial fishery provision is a requirement that 30 percent of the U.S. EEZ be closed to any "commercial extractive" human activity (ostensibly this would include commercial fishing). The bill is likely to be reintroduced in the 1171h Congress. Just this past week, OR Senator Jeff Merkley (D) introduced companion legislation (similar text but not an exact match) giving us further indication this will definitely be an issue in the 1171h Congress. • Ma it Act (MSA): Reauthorization of the MSA will be pushed into the 117' Congress. Just before the end of session, Rep. Jared Huffman (D-CA), Chairman of the Water, Oceans and Wildlife, released a draft five year MSA reauthorization bill. It heightens the focus on climate change impacting marine fisheries; makes a number of membership and procedural changes to operation of the Regional Fishery Management Councils; modifies the definition of "overfishing" to use the term "depleted" when a fisheries decline is caused by factors other than fishing; seeks continued improvements in 46 data collection, stock assessments, and cooperative research, among other measures. A summary of the draft can be found here. • Alaska Fishing Observers & Trawl Surveys: The FY 2021 Omnibus includes a directive to NMFS to contract for no less than six AK bottom trawl groundfish surveys, with one survey to capture fish movements out of historical survey areas. Additional funding is provided for the North Pacific Observers Fund with a directive to offset harvester observer costs in those fisheries that are transitioning to electronic monitoring. • Ocean Observation: The Coordinated Ocean Observations and Research Act — legislation designed to strengthen the nation's ocean observing systems —has passed both the House and Senate and is ready to be signed by the President. The bill includes an advanced observing technology development program, models to improve regional weather forecasting capabilities and products, and reviews of data collection procedures to meet national needs. The bill would also study the economic effects of increasing ocean acidification. • Fishery Disaster Reform Legislation: This week the Senate passed S.2346, a bill to reform the MSA's national fishery disaster process. ROMEA staff worked to make improvements to that bill as it worked its way through the legislative developmental process. As of today, December 22, 2020, it appears the House may not accept the Senate-passed version (i.e. the House has a different version - H.R. 5548). If this assumption holds, the issue may have to be revisited in the 1171h Congress. • Saltonstall-Kennedy Reform Legislation: The House and Senate were both working on legislation to reform the national S-K grant process. The Senate passed their version S.494 early in the year; then in September 2020 the House Natural Resources Committee substituted the text of S.494 to replace their more constructive version, H.R. 1215 (from Alaska Rep. Don Young). We understand that as of today, December 22, 2020 the House did not act quickly enough to move the S-K legislation. The issue may be revisited in the 1171h Congress. 47 BOYD, CHANDLER, FALCONER & MUNSON, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com January 5, 2021 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council This is our status report covering activity on legal matters since November 16, 2020 the date of our last report. Covid-19 We advised on a council resolution. We reviewed an emergency ordinance. We commented on matters related to city use of CARES Act funds. We advised on enforcement of the mask ordinance. Jesse Lee Home We finalized the settlement with Friends of Jesse Lee Home. Settlement funds have been received, the deed to the City has been recorded, a signed release was provided and the court entered an order on January 4 dismissing the case. Zoning Enforcement We worked with a property owner on a matter previously referred for enforcement. It is our understanding that in response to a written request from our office the property owner did the work necessary to come into compliance. 48 Seward City Council January 5, 2021 Page 2 Personnel We drafted city proposals and reviewed union proposals during the "reopener" negotiations. We advised on a possible leave accrual code change. We advised on a stand by time issue. Records Requests We reviewed a large amount of material for privilege in response to several records requests. General Matters We advised on several Open Meetings Act issues. We advised on multiple conflict of interest questions. We prepared and participated in a city council training session. We advised on liability aspects of public ice skating. We advised on a commission eligibility issue. We reviewed and commented on a draft memorandum of agreement for the joint conduct of elections with the Kenai Peninsula Borough. We reviewed and advised on several issues related to commercial leases around the harbor including drafting a notice of default. We advised on responding to an inquiry about the purchase of city property. You can expect to receive our next status report by February 3. Very truly yours, BOYD, CHANDLER, FALCONER, & MUNSON LLP n'Lo ca�� By: Brooks W. Chandler 49 SEWARD NORTHEAST BOAT LAUNCH RAMP RENOVATIONS Public Meeting Presentation January 11,2021 �. a •� �T Ftl 00 P ■ z ENGINEERS,1NC. ��OF FKN PROJECT SCOPE Replace Existing Launch Ramp & Pave Parking ■ New Concrete Launch Ramp ■ Cast-in-place Concrete Approach ■ Precast Concrete Planks $ ■ New Boarding Floats and Abutments ■ New Steel Support Piles ■ Relocated Fish Cleaning Float � . ■ Paved and Striped Trailer Parking Area , ■ New Oil-Water Separator for Stormwater i s Current Northeast Harbor Launch Ramp 7 gogT Frs 51 F.NGTIPEE.KSJNC. DESIGN CRITERIA ■ 13%Minimum Ramp Slope (Recommended by SOBA and ADF&G Guidelines) [Existinggrade: 12.8%] ■ ADA Compliant ■ Minimum 20 Year Design Life ■ 18"± Float Freeboard ■ Vertical Curve on Approach Apron ■ 16'Lane Width w/Lane Designating`Rumble Strips' [Existing lanes: 15'avithoutRumple Strips] ■ Site Specific Criteria ■ Live Load:40psf or 1,000 pound concentrated load over 1'x1'area ■ Wind Load:Extreme and Operating Conditions ■ Snow:50psf(Match existing harbor floats) y QogT Frs '. ENCiyP,h.KS,INC. DESIGN CRITERIA ®i Uplands Parking • Asphalt Pavement Surfacing and Permanent Striping • One-way Traffic Flow through Parking Lot .:., • 12x50 Standard Trailer Stalls A� ■ 12x70 Long Trailer Stalls _ i ■ ADA Accessible Stalls (Trailer,Van,and Vehicle) ' ■ 28.5'Minimum drive aisle width to accommodate 50 Ton Travelift ■ New Oil/Water Separator for Stormwater Runoff Treatment Current Northeast Harbor Parking Lot—Gravel Surfacing r QO, F', 53 F.NCiyT',h.RS,INC. SIMILAR FACILITIES Whittier Launch Ramp Seward South Harbor Launch Ramp Staffer Harbor Launch ramp r QogT P F.NGTI1-17,.RS,INC. 54 DESIGN FEATURES Timber Boarding Floats ■ Heavy Timber Construction ■ Galvanized Steel Components and Hardware ■ Internal Pile Frames ■ Slip Resistant Fiberglass Surface ■ UHMW Rubstrips ■ UMHW Skids eT p" Typical Timber Boarding Float r � s� RAt� RNCTNT'.P.RS,INC. DESIGN FEATURES m. Concrete Ramp ■ Precast Planks ,y ■ V-Groove Chevron Surface . ■ Rumble Strips 1 ■, Cast-in-place Approach Apron with Vertical Curve ■ Cast-in-place Abutments for Float Connection and Access ` ■ Increased Concrete Cover ■ Galvanized Rebar Typical Precast Planks _ �yOgT Fls56 6RAt� F.Ncr�r,r.Ks,ivc. u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�u�IUI�� PROFILEDESIGN FEATURES - RAMP 206- CIP CONCRETE ABUTMENT 5%MAX SLOPE CIP CONCRETE APRON �EHW=+15.T _ _ _ _ _ _ _�_._[ 18.4't 171 — MMLL U�NDERLAYER ROCK TL -- -- � FILL,TYP N.k +r> fYi 5.80' h 33 d II -12.00't ®OTfOM Typical Launch Ramp&Boarding Float Profile—Similar to South Harbor F . QOBT Fls 0ENGTI�1-1-,,RS, 57 �-6 t ivc. CONCEPTSALTERNATIVE Option 1: 4 Lane with 3 Boarding Floats Option 2: 4 Lane with 2 Boarding Floats ■ Similar to existing ramp and fish float configuration ■ Matches South Launch Ramp Configuration ■ Increases total length of useable float face ■ More efficient layout allows use of both faces of the ■ Only one face of the outer floats is useable floats ■ Widens existing ramp ■ Increases total length of useable float face ■ Construction Cost of Option 1: $2,783,000 ■ Widens existing ramp&includes rumble strips ■ Doesn't provide rumble strips ■ Construction Cost of Option 2: $2,788,000 (+$5,000) ■ Doesn't resolve vessel and fish cleaning operation ■ Mitumizes conflicts between vessel and fish cleaning conflicts user groups ■ Higher maintenance costs compared to Option 2 ■ Lower maintenance costs compared to Option 1 OgT Ffs ■ Requires relocation of fish cleaning float and addition y z © © 0 sa of gangway �RAt� FNCT\T',I,.RS,INC. CONCEPTSALTERNATIVE Uplands Paving_ Repave Existing Driveway and Apron (Add. Alt. 1 ■ 2.42 Acres of new pavement with striped stalls ■ Remove and replace existing pavement to match new ■ Angled Vehicle/Trailer Stalls pavement throughout parking area ■ 88 Standard Trailer Stalls (12'x 50')—Includes ADA Stall M Existing pavement constructed in 2012 (10 years old at time of new proposed construction) ■ 4 Oversize Trailer Stalls (12'x 70') ■ Facility will have uniform service life ■ Formal make-ready queuing area ■ Further reduces future maintenance cost ■ New oil/water separator-improves stormwater treatment ■ Additional Construction Cost- $148,905 ■ Significantly reduces grading and striping maintenance ■ Parking Lot Construction Cost- $699,100 r QOgT Ffs F.NCiyT',h.RS,INC. OPTION 1 - 4 LANE 3 FLOAT AKEAEALr RELEO- 0 ]B dB fiB 80 Ff usAGE 11—Li MIT9 I MEAGv-T4Luuc'R RE— � A FisH­wc PLonr � ,IsiNG,GG —MILING E%1FF151GN L.fii^f.OnT 16'WJE:,IYP ATGRABEBRFA% • — ONERETEA G GH 84B I C VERT OAL C R4E e'e ARBINGFLOAL �� 164NE'„lYP � _ ... .—ABPHdLT PAVEMENT ANMGR RDCN BELOW E%ST NG PR VATERRrvEwAT——' ELEV A' �. u F AP NCRETE AGPFOAGH Y i IRIPRAP IYP I \ � TXISIT�i I'T2FENCE Ew nNG BGCKR .TT...�.T , TIP FUEL FLWT { ' I_IIN_ I..FARq NG RT Ff L © IN ® Estimated Cost = $2,783,000 ? sp �'�oz � so RA`t F.NCTSP.P.RS,Inc. �aoY FA�I l,v tl_s o zo ao ea ao FT us.cEOREoG.E ull.ITs- I \ sroRE n\r „ii I. Inv NeM OAT F suc A _ \ � LAGA AccesslBL I i w oNNMs,�R .. W L.ISII,G rerecN � ExISTI4GPIER ClFMJT—TVP AT�Ea­ 9 eOARGIrvG_ , �oA aRTR I 1 I NEW CONCPETE ' MfROACH SLPB -ASMALT PAVEMENT-f —- — - WITH VERTICAL ARMORRaCKBELOW'/ RUMSLesiRlM n'P 1v IANF ttP ROACH �� � IXSTNGPRNAIE Gi VEWAY — ~ -Y-� I- ­NF.Ar , --T oNGN 'j— MM — — — --- RPRAP ivP I ^� \IX6TNGTMBEP FENOE a I MOQDIFvlF\`M O&LOPE ICATION,R.1lVP ;.EL RDAs ....,�\ I CLP391 PIPRPP.TYP _._. �})\\.Irl.Ins • i i i x, � yeif Fjs� © © 0 Estimated Cost = $2,788,000 r Z 61 F.NCTyT',h,RS,INC. UPLANDS/PARKING IMPROVEMENTS IFAII u,_ i * yeT Fls� © © 0 Estimated Base Bid Cost= $699,100 s� �tio F,Ncr\r,r.Ks,INC. 62 Estimated Add. Alt. Cost= $148,905 SCHEDULEPROJECT ■ Target July 2021 Bidding (Based on Anticipated Approval of Funding) ■ Concept Design and Alternatives Analysis—Completed ■ 35%Design—January 2021 ■ Permitting—February through May 2021 (Anticipated N WP) ■ 75%Design—March 2021 ■ 100%/IFB Design June 2021 ■ Onsite Construction—Late Fall 2021 through Spring 2022 BT Fjs 7y Z © © 63 �s `p RA`t� F.NCT\P.P.RS,INC. A QUESTIONS & COMMENTS Thank you Your feedback is essential and encouraged! Comment sheets available at Seward Harbormaster Office Comments may also be emailed to nharris -4,ndengineers.com Have questions? Call 907.561.1011 and ask for Nathan Harris Presented By: Chip Courtright,P.E.,S.E. Principal ccourtright G2ndengzneers.com yeT Ffs� Phone:90?561.1011 .% © © 1506�S1est 36`h avenue 64 Anchorage,Alaska 99577 F.NcrI�r.r.tts,INC. Sponsored by: Planning & Zoning Commission Introduction Date: December 14, 2020 Public Hearing Date: January 11, 2021 Enactment Date: January 11, 2021 CITY OF SEWARD,ALASKA ORDINANCE 2020-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING LOTS 15A AND 15B OF JESSE LEE HEIGHTS SUBDIVISION ADDITION NO 4, WITH THE PHYSICAL ADDRESS OF 101 & 105 BENSON DRIVE, FROM MULTI-FAMILY RESIDENTIAL (113) TO PARK(P) WHEREAS, the City of Seward has requested a rezone of Lots 15A and 15B, Of Jesse Lee Heights Subdivision Addition No 4 Multi-Family Residential (R3) To Park (P); and WHEREAS, the two parcels, known as Lots 15A and 15B, Of Jesse Lee Heights Subdivision Addition No 4 is proposed to provide land for the development of the Jesse Lee Memorial Park is currently zoned Multi- Family Residential (R3); and WHEREAS, the total area of the land being rezoned is approximately 2.66 acres; and WHEREAS, the properties to the North, South, and East are currently zoned Multi- Family (R3), and the properties to the West are currently zoned Single Family Residential (R1); and WHEREAS, providing land for the development of the Jesse Lee Memorial Park is supported in both the Comprehensive and Strategic Plans and will be beneficial for the community at large; and WHEREAS, the official Zoning Map and Land Use Map as described in SCC §15.01.030 will have to be amended from Multi-Family Residential (R3) to Parks (P) in response to this zoning and land use map change; and WHEREAS, required by Title 15 of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet were notified of the proposed zoning and land use change, and the property was posted with public notice signs; and WHEREAS, at the December 1, 2020 meeting, the Planning and Zoning Commission, held the public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. 65 CITY OF SEWARD, ALASKA ORDINANCE 2020-015 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of 15A and 15B, Of Jesse Lee Heights Subdivision Addition No 4 from Multi-Family Residential (R3) To Park (P). Section 2. The Seward City Council further amends the official Land Use Map of the City by changing the land use designation of Lots 15A and 15B, Of Jesse Lee Heights Subdivision Addition No 4 from Multi-Family Residential (R3) To Park(P). Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this l lth of January, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 66 Council Agenda Statement Meeting Date: December 14, 2020 ' To: City Council Alt— From: Norm Regis, Acting City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: Ordinance Of The Seward Planning And Zoning Commission, Recommending That The City Council Amend The Land Use Plan And Zoning Designation Of Lots 15A and 15B,Of Jesse Lee Heights Subdivision Addition No 4 With The Physical Address Of 101& 105 Benson Drive From Multi-Family Residential (R3) To Park(P) BACKGROUND &JUSTIFICATION: The City Council directed the City Manager or his designee to demolish the buildings and build a memorial to the residents and staff of the facility using respectfully remove salvageable wood and/ or property features. The City was awarded a Department of Commerce,Community,and Economic Development Grant in the amount of$1,073,441.46 to mitigate the Jesse Lee Home structure, to remove, dispose, and abate environmental hazards remaining on the property, including asbestos,underground fuel and I or other tanks,buildings,fencing and structures,and to respectfully remove salvageable wood and I or property features to build a memorial to the residents and staff of the facility. At the July 13,2020 council meeting, the council voiced their request to see the area made into a park with a pavilion/memorial for all to use. On November 9, 2020, Community Development created a survey asking citizens what they envisioned for the space. 309 citizens participated in the survey and 168 of them left comments. The current Land Use Plan and Zoning designation of the property is Multi Family Residential(R3) Business District. The Park Zoning District �k-as established i o pro,.ide areas for recreation and commemorative property owned by the city,state or federal governments for recreation and other compatible public purposes. The proposed development of Jesse Lee Memorial Park is consistent with the park zoning designation and the creation of a memorial. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017): 2.2.1 Building on it impressive heritage and natural setting the community's 1 vision for itself includes an attractive, healthy vibrant community; a X strong diverse economy with quality business educational and recreational opportunities;........ (page 1-6) 3.6.1.1 Identifprotect, and preserve scenic and natural area, or recreation 67 enjoyment(page 1-16) 3.6.1.2 Develop an acquisition strategy to identify and secure sufficient and suitable public Iands for^arks.......(page 1-17) Strategic Plan (Approved by COL111 1 Resolution 99-043): Develop a neighborhood park in the Gateway Subdivision ( Page 12) 2. Update the Zoning Code to implement the Comprehensive Plan X (Pages 10-11, Small Bullet 4) PUBLIC NOTICE: Property owners within three hundred (300) feet of the affected area were notified of this proposed land use amendment. Public notice signs were posted on each block in the area to be amended and all other public hearing requirements of Seward City Code §15.01.040 were complied with. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department _... ATTORNEY REVIEW: Yes No RECOMMENDATION: On December 1,2020 Planning and Zoning approved resolution 2020-012, recommending that the City Council amend The Land Use Plan and Zoning Designation of Lots 15a and 15b,of Jesse Lee Heights Subdivision Addition No 4 with the physical address of 101& 105 Benson Drive from Multi-Family Residential(R3)To Park(P) 68 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-012 RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS- SION, RECOMMENDING THAT THE CITY COUNCIL AMEND THE LAND USE PLAN AND ZONING DESIGNATION OF LOTS 15A AND 15B, OF JESSE LEE HEIGHTS SUBDIVISION ADDITION NO 4 WITH THE PHYSICAL ADDRESS OF 101& 105 BENSON DRIVE FROM MULTI- FAMILY RESIDENTIAL (R3) TO PARK(P) WHEREAS, the current Land Use Plan and Zoning designation of the property is Multi Family Residential (R3) Business District; and WHEREAS, Community Development and Parks and Recreation Departments intend to create the Jesse Lee Memorial Park on the 2.66 acres; and WHEREAS, the Park Zoning District was established to provide areas for recreation and commemorative property owned by the city, state or federal governments for recreation and other compatible public purposes; and WHEREAS,the proposed development of Jesse Lee Memorial Park is consistent with the Park zoning designation; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on November 3, 2020. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission hereby recommends that the City Council amend the Land Use Plan and Zoning designation of Lots 15A& 15B,Jesse Lee Heights Subdivision Addition number 4, Seward from Multi- Family Residential (R3) to Park. Section 2. The Seward Planning and Zoning Commission supports the proposed zoning changes and recommends the attached Ordinance 2020- be forwarded to City Council for approval. 69 Seward Planning and Zoning Commission Resolution No. 2020-012 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this I"day of December, 2020. THE CITY OF SEWARD,ALASKA Cindy L. Ecklund, Chair AYES: Swann, Seese, Hatfield, Ambrosiani, Charbonneau NOES: Ecklund ABSENT: None ABSTAIN: None VACANT: ONE ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 70 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK Q1 Pick the statement you agree with most Answered:306 Skipped:3 The entire 2.66-acre si... Less than 50° of the.. Greater than 50%of the.. The entir site should.. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES The entire 2.66-acre site should be developed as a park and memorial to the Jesse Lee Home. 55.23% 169 Less than 50%of the 2.66-acre site should be sold and the remainder of the site should be developed as a park and memorial to the Jesse Lee Home. 13.07% 40 Greater than 50%of the 2.66-acre site should be sold and the remainder of the site should be developed as a park and memorial to the Jesse Lee Home. 17.65% 54 ---------------- The entire site should be sold and any memorial built should be on another site. 14.05% 43 TOTAL 306 71 1/1 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK Q2 The creation of a memorial should be done on the original Jesse Lee Home Site. Answered:307 Skipped. Strongly agre Agree Neither agre nor disagre Disagree Strongly disagree 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Strongly agree 60.91% 187 Agree 17.59% 54 Neither agree nor disagree 10.75% ________________________ 33YY9 ---------------- Disagree 3.58% 11 Strongly disagree 7.17% 22 TOTAL 307 72 1/1 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK Q3 The City of Seward has enough multi-family residential options to support the population. Answered:307 Skipped. Strongly agre Agree Neither agre no disagre Disagree Strongly disagree l= 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Strongly agree 23.45% 72 Agree 15.31% 47 Neither agree nor disagree 23.78% ------------------------ 73 Disagree 18.24% 56 Strongly disagree 19.22% 59 TOTAL 307 73 1/1 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK Q4 The City of Seward has enough park/open space for public use by its citizens. Answered:309 Skipped: . Strongly agre Agree Neither agre nor disagre Disagree Strongly disagree 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Strongly agree 15.86% 49 Agree 14.24% 44 Neither agree nor disagree 21.36% 66 Disagree 26.54% 82 Strongly disagree 22.01% 68 TOTAL 309 74 1/1 Envisioning the use of the Jessie Lee Property at 101&105 Benson, Seward AK Q5 About how long have you lived in Seward? Answered:309 Skipped: ANSWER CHOICES RESPONSES Years 99.68% 308 Months 51.78% 160 Q5 Number of Years in Seward 414 yn 26.40yrs 1625yrs 6-15 yrs 1-s yn 0 10 20 30 40 50 fi0 70 80 90 75 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK Q6 Your Comments are appreciated. Please provide any additional comments below lnswered: 169 Skipped: 140 76 1/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK # RESPONSES DATE 1 Using the property for a park was one of he original suggestions back in 1965 and is still a goof idea today.A good way to 11/29/2020 6:09 PM commemorate the Jesse Lee Home is to provide a space foe children to play and families to enjoy joint activities. 2 1 feel the history to the city, state and folks who were residents of Jesse Lee deserve a park and memorial.The site has 11/25/2020 9:11 AM beautiful views of the bay and it could be a wonderful site to visit,with gardens and open areas for children to play.With the dense housing in the surrounding area, it would be a wonderful open area,for residents living close by. Let's honor the history of the site. 3 My great grandparents met, married,and lived at the Jesse Lee home. It would mean so much to me if there were a 11/22/2020 8:49 AM memorial park there to honor them. ----------------------------------- 4 Use maybe a COVERED Picnic/Recreational area for 1/3 of property.Consider a USEAGE for US LOCALS.A Memorial of 11/20/2020 10:34 PM the JLH thru pictures&history could be incorporated.The area is surrounded by multi housing, single housing,and schools, all within walking distance of the JLH property. More single home sites are being developed in the area.The Benny Benson Park could be upgraded with JLH History&it is much more visible to visitors&locals. 5 Develop more job opportunities for Seward 11/20/2020 7:55 PM 6 build a nice free park 11/20/2020 8:59 AM 7 Please recognize this is a historical sight. My great grandfather and great grand mother lived and worked here.my grandpa 11/19/2020 9:20 PM was raised there and my mother went to school with kids from the Jessie Lee Home. 8 My Grandma and grandpa were orphans at the Jessie Lee home and lived in Seward their whole lives. I think the best use 11/19/2020 6:37 PM would be space to foster community activities and a place for people to come together and thrive. 9 My family is very connected to Jesse lee home. My grandparents were raised there and my father was born there when it 11/19/2020 5:34 PM was in Unalaska.They moved to seward with the home when it was built there. I had many friends in school with me that lived there.I think a park and memorial is by far the best use of that land. 10 PARk 11/19/2020 5:29 PM 11 We need more apartments or condos for families 11/18/2020 9:55 PM 12 New housing 11/18/2020 9:54 PM 13 1 think a mural should be incorporated onto the site as well as a nice garden and some sidewalk posts that hold historical 11/18/2020 9:50 PM information about the Jesse Lee Home and History behind it. 14 Build a park. Not a playground but a beautiful park. 11/18/2020 4:08 PM 15 At the very least there should be a memorial that includes a statue of Benny Benson. If there is a park, it would be nice if 11/18/2020 9:05 AM there was a path or paths on the property,with signs here and there on the path telling what building used to be at that particular spot and a few interesting facts about it. I have seen the film about the farm that was on the site and find it amazing how much it yielded.The film was made by Lee Poleske with the assistance of Amy Carney. ------------------------ 16 Keep existing tot lot on Dora Way and keep Open space and memorial for Jesse Lee.Traffic is bad and new subdivision 11/17/2020 9:22 AM going in is too much 17 We do not need more low income/rent controlled housing Unless it is strictly for senior citizens.This property should Not be 11/16/2020 9:38 PM 77 2/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK used for housing!Ora business!Multiuse park is perfect forth is neighborhood.There is just one teensy park on Dora Way, much too small for area. 18 1 feel that turning the JLH site into a park is the only use of the property that's respectful to the native community and the 11/16/2020 9:16 PM part the JLH played in Alaska's history.What happened to the JLH after the 1964 quake was hugely disrespectful to the native community in that it was gutted by people taking what they wanted for their own uses. Had that not happened, it would have been much more likely the structures would have survived intact. Now once again, people want to take what they want from the JLH to make a buck. If people want to build housing in Seward there are a large number of undeveloped lots and the city should also consider selling/rezoning some of the other property it holds so people can build on those lots and not on the site of the JLH. If people feel there isn't enough affordable housing in Seward, it is because of all the vacation rentals by owner that remove housing from the residential rental inventory,which then drives up the cost of the residential rentals that remain. Don't further disrespect a place like the JLH by selling any portion of it for housing so some guy can sit in his recliner eating Cheetos and drinking beer where native school kids used to cry themselves to sleep grieving for their dead parents and the native communities they were forced to leave. 19 Years ago,the owner of a B&B had to physically live in the home that they were using for nightly rentals.At some point,the 11/16/2020 2:19 PM City Code(or law)was changed that eliminated this requirement. In turn, many single-family homes were bought by people with plans to use them as nightly rental units with no intention of living in them.Although this comment does not directly address multi-family housing,the dearth of housing in general has been exacerbated by this Code change. 20 Seward's biggest problem is overcrowding,overdevelopment,and lack of green space and landscaping. Excessively large 11/16/2020 8:52 AM structures are being built on small lots, resulting in Seward imposing a Manhattan-like claustrophobia, instead of the open, airy space that an Alaskan city should provide.Seward didn't feel as cramped when I moved here 28 years ago, but due to the overdevelopment which has occurred during that time,today I regret it.What would I do to change things?Seward needs much more park and green space in its interior,and more room for landscaping around its homes and businesses. I would propose that any new or rebuilt structure in Seward occupy no more than 10%of the lot on which it sits,with the rest of the space dedicated to landscaping.The Seward Marine Center at Third and Railway could be a good model for proper relative size of a structure to its lot. Making the Jesse Lee property into a park would be a good step in the direction of making Seward more green and spacious and would give it a little less sense of being overcrowded. 21 Zone it commercial so that it may be rebuilt in its formal likeness to house a childcare facility&children's museum.Solve 11/15/2020 10:59 PM Seward's lack of quality affordable childcare.Give our children a place to play&learn year round regardless of weather. Create year round jobs&make Seward a more appealing place for families to live. 22 It's only appropriate that a park and a memorial replace the old Home,as it meant so much to the community for so long. 11/15/2020 11:23 AM That part of town would benefit greatly from a park.Thank you for asking for our input 23 1 believe the section of land known as 101 Benson should remain as a Historical area of Seward. No mention in this survey 11/14/2020 6:20 PM description was the public notified of this areas'city designation as a"Historical District".This is a failure of the Community Development Dept.&Planning&Zoning Board. In addition both of those groups should be working collaborative with the Seward Historical Preservation Commission!Yes,there are various bits of open spaces in Seward,all open spaces are dedicated and focus for children. Make an open space for a touch of more maturity. Not screaming children&parents.The surrounding area could include a walking path,community gardens,outdoor gazebo/band stand&bocce ball would benefit all our community members of every age!Benson Drive could be made through to Phoenix Drive.The dirt drive through the middle of lot 105 Benson,could be moved to the left.This allows parking for the park,&space on the right for single family resident homes in a multi-family zone designation. Neither the City Council nor the Community Development/Planning& Zoning Board should move forward without a secure discussion with the Seward Historical Preservation Commission. 24 KPB Parcels 14535105 at 1900 Phoenix Road and KPB#14535104 at 100 Benson Drive,just north of the JLH property, 11/14/2020 4:38 PM 78 3/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK block the connection of Benson Drive from Swetmann Drive through to Phoenix Road.The city now has a golden opportunity to dedicate a 60'ROW to extend Benson Drive along the north portion of 101 Benson(Lot 15B)and a curving ROW on 105 Benson(Lot 15A).This would provide more emergency access/egress options to the adjacent high-density Gateway subdivision and the new Phoenix subdivision,and relieve traffic congestion on Phoenix Road. I agree with the stated intent of Council on July 13,2020 to preserve this significant historic site as a memorial park,with a pavilion and benches that incorporate salvaged materials and design elements of the demolished Jesse Lee Home. Include interpretive panels and an accurate plaque next to a lighted flagpole featuring the Alaska Flag. Preserve and protect the historic spruce trees and any remaining landscaping.The Gateway Subdivision is a high-density neighborhood with many families.There is only one pocket playground to serve the area.An open green space to run and play,to sit and enjoy the view,or enjoy a picnic would offer a high quality of life option for nearby neighbors,Seward-area residents,and visitors.As the JLH is a national historic site,a small parking lot, perhaps on Lot 15A, should be provided to accommodate visitors from outside the neighborhood.A proposed children's museum and daycare center is another in a long series of pipe dreams that has no possibility of adequate funding or success. More multi-family housing on this site will destroy the memory of this historically significant city/state/national institution,exacerbate the traffic congestion,and destroy the beautiful historic spruce trees. Another need in Seward is a dog park. Please consider if part of Lot 15A could be dedicated to the small parking lot and dog park. It is interesting to see on the aerial how much JLH property is outside the fence.This area is generally steep, especially on the south side,and serves as a buffer between the JLH property and the adjacent multi-family housing,and should be maintained as a vegetative buffer.Please honor this site as a memorial to the Jesse Lee Home,and recommend a rezone to Park to Council.Thank you for this opportunity to comment.Carol Griswold Inside Seward city limits 25 This could be a great place for a ice skating rink in the winter and a roller skating rink in the summer.The memorial park 11/14/2020 10:12 AM should help increase the health of the community in the spirit of Jesse Lee Home.And the proximity close to schools could provide opportunities for a hockey league. Big enough space for hockey fun+just skating too. 26 A dog park with a space for kids would be particularly lovely for residents nearby. 11/14/2020 10:11 AM 27 A small memorial on the site is appropriate with perhaps a bench looking south down the bay. Please don't spend lots of 11/14/2020 9:38 AM funds on the memorial. It doesn't need to be extravagant.The Friends of Jesse Lee should contribute funding to the memorial(better yet, pay for the entire memorial).1 don't see the need for any of it to be a park. It's difficult to say if there is enough park/open space in Seward.There is a children's playground very close to the property.There is lots of forested land in the nearby area to explore. I don't know if Seward has enough multi-family residential options.There is definitely a shortage of affordable housing in Seward.There is lots of subsidized housing in town. I would like to see the property developed with affordable housing.This would benefit the community with more housing and more taxable property.Thanks for the opportunity to respond. --------------------------- 28 1 think that a dog park is definately needed in Seward. It would also be a great place to have a historical walk with statues 11/14/2020 5:56 AM of the residents and historical facts along the path.To stay in theme a community garden that talks about the garden and animals grown and Jesse Lee,and homesteading in Seward. I think making it multi functional for the community would get the greatest use out of it.Seward unfortunately does need more housing. I possible it would be great for lower middle class and low income and to include with cafelshops like they are doing in Anchorage to help build communities. 29 Please move the Benny JLH memorial to the lagoon at"his"park 11/13/2020 8:26 PM 30 Build apartments or condos with a great view! 11/13/2020 8:24 PM 31 With multi-family dwellings on the site, Phoenix Road will become very dangerous with traffic.There are already quite a few 11/13/2020 1:17 PM new homes being built at the end of Phoenix. Between the apartment complexes in the area and homes,I feel that there is enough development already. 79 4/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 32 The property in the area is already being developed with over 50 more housing units. Dora Way is already so tightly packed 11/13/2020 10:36 AM that to do such a thing to the Jesse Lee Home land is unthinkable and unnecessary. 33 The sight of the former Jesse Lee home is not an appropriate place to build housing. 11/13/2020 7:29 AM 34 I've grown up right by Jesse Lee Home for 16 years, my entire life. Before it was demolished, I had a view of it right outside 11/12/2020 7:49 PM my bedroom window. I think that anything built on the old property should not only be a memorial to the Jesse Lee Home, but also provide a new way to connect Seward's youth.That's why I propose that some of the new land should be used for an ice rink.Growing up as a hockey fan,there weren't many options for playing hockey or ice skating at,especially during the Summer.Seeing as the property is near many neighborhoods,apartment complexes,and even our local schools,this would make it the perfect spot to build an ice rink. Much more, it is a great year-round option for fun and enjoyment for people of all ages. Best wishes. 35 As a homeowner that lives two houses away from the property I see plenty of housing development going on in our 11/12/2020 7:24 PM neighborhood right now. How many more homes do we really need?I would like to see the property to be used as a memorial and a community garden.There are plenty of these successful community gardens nationwide.I envision our Seward citizens not only benefiting from the food that it would provide but also as an educational opportunity for our schoolchildren and a place for our talented local artists to showcase their work.On top of that a community garden would pay homage to what the Jesse Lee Home gardens provided to our community in the past. I thank you for your consideration. 36 A park would be exceptional as it helps us maintain a clean,open,and enjoyable community to live in 11/12/2020 7:14 PM 37 Our family owns several houses,operate a State wide business from Seward and is closely associated to the community of 11/12/2020 3:45 PM Seward.Two of us made a drive around survey of the area yesterday 11.11,2020 and see many new homesites and multifamily buildings. It is always a wonder that parks exist in neighborhoods with the pressure to develop land.While I am totally supportive of development the quality of life enhanced by parks has a greater beneficial consequence.A memorial associated to an open space at this site would be a complement to the community. 38 hOW APPROPRIATE TO DESIGNATE THE OLD SITE OF JESSE LEE HOME TO A PARK THAT WOULD PROVIDE A 11/12/2020 12:08 PM GREEN RECREATIONAL AREA FOR THE NEIGHBORHOOD AND BEYOND.tHINK HOW WONDERFUL IT HAS BEEN FOR SEWARD TO HAVE THE GREEN BELT ON THE SHORES OF SEWARD. -------------------------- 39 A simple but pretty park area/memorial for Jesse Lee Home would be a great idea. It could potentially employ local 11/12/2020 10:16 AM residents to provide the upkeep and have a place for locals to enjoy Do not build any low income housing!There is too much of that already! 40 A community center(a rec building)would be a great addition to Seward.Somewhere that has a gym-with showers- 11/12/2020 1:41 AM computer/game room. Perhaps a movie theater?Kids and residents need more to do in Seward year round especially out of the rain 41 Make so that can be used as a celebration space:weddings, birthday, memorials that has great photo options 11/12/2020 12:17 AM 42 Being the home was for children,a memorial and park would be honorable.Would also be enjoyable to have a public use 11/11/2020 11:07 PM covered area and garden. 43 1 think the City should retain the property and lease for use as a community recreation site and a small portion as a 11/11/2020 9:30 PM memorial site. 44 Keep the area for the Jesse Lee as a park/memorial! 11/11/2020 8:19 PM 80 5/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 45 Any memorial should seek to look at all perspectives, not all children were happy and well cared for.There needs to be a 11/11/2020 7:58 PM truth and reconciliation component. 46 There are so many more creative ways to use the property of the Jesse Lee Home than to zone it multi-family. If you are 11/11/2020 7:45 PM considering pocket zoning as a park then I would suggest to pocket zone it as commercial land. It is a perfect location for a childcare center/chlidren's museum, being close to the schools and the construction of new homes/multiplexes.There are a number of multi-family complexes being developed;addressing the lack of housing. If we expect more people to move to Seward to live,then we should strongly consider the livability of our city. If there is a lack of childcare and no indoor play opportunities for our youth,then families will have homes to live in but no incentives to move here in the first place. Let's be as creative as the children who once lived in the JLH and do something for the youth of our generation on that same property. 47 Put his memorial near his park at lagoon 11/11/2020 7:23 PM 48 Park,facilities, memorial,dog park, NO gym toys for kids.They have enough options.Apath throught out flower gardens 11/11/2020 5:44 PM 49 Seward has a very special history and I have seen many historical sites go abandoned or sold off to be forgotten.It is 11/11/2020 1:54 PM important these stories are not lost, but preserved and memorialized for future generations.Yes,Seward needs more affordable housing options, but I believe this history should also be preserved.There is a balance that can be obtained here. 50 The JLH filled a crucial need for many Alaska children of varying backgrounds in the 20th century. Memorializing the JLH by 11/11/2020 12:46 PM providing a public park dedicated to Seward's families and children is an appropriate use of what was once an environment dedicated to sheltering Alaska's youth.Things to consider including in designing the park are picnic shelters, playground equipment,a garden,and importantly an interpretive memorial.The memorial should address the positive and negatives of life at the JLH,as well as the Benny Benson story of the Alaska flag. 51 Do not sell the property. Do not use for low income housing. Move city services from 6th Ave to this location and remove 11/11/2020 12:19 PM the city structure on 6th and use for more public use.2nd use should be for elder housing 70 years or older,tghese days 60 year olds are still too young for special services. 52 A memorial would be nice. But I do think there is a need for more housing options,and that would be a great location. 11/11/2020 10:06 AM 53 Build apartments 11/11/2020 8:44 AM 54 1 INVISION GRASS SMALL ROLLING HILL MAYBE A WATER FOUNTAIN WITH A SMALL COVERED AREA FOR 11/11/2020 8:39 AM OUTDOOR MUSIC SOMETHING PEOPLE WOULD BE DRAWN TOO AND ENJOY, MAYBE A LUNCH SPOT FOR SUMMERTIME FOOD TRUCKS..WITH SEATING MAYBE A OUTDOOR CLASS ROOM FOR TODAYS STUDENTS TO LEARN MORE ABOUT THE JESSE LEE HOME AND THE CHILDREN THE GREW UP THEIR......YOU ASKED.......LOL ------------------------------------------ 55 There is important in the historical memory of the jib,as to recognize Seward's compassionate Care during times of need.1 11/11/2020 7:20 AM would love to see a work out park on the eastern flank of the property,as to continue providing healthy outdoor activities for adults and children.A small children's park lies only one block up from this location.This type of project could be tied into the flow of the high school trail system,creating a continuous walk about for citizens and visitors alike.Sell the other 314 for housing, so Seward can continue to grow in a healthy manner. 56 To use the property for anything but a park dishonors the children and staff who called it home over many years. 11/11/2020 5:06 AM 57 The downtown parks are completely saturated with tourists during the summer months.Would be a nice option for the 11/10/2020 11:12 PM families who live here year round to have an additional, slightly less obvious play area for kiddos.Maybe put another pavilion up there! 81 6/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 58 Give the community an actual community park.One person at the city has a vision and believes in listening to the citizens. 11/10/2020 10:57 PM I want to thank her for that her name is Ms Wilde.Thank you for listening to me.This has been a very hard journey and it will be a shame if the city ignores us. I hope a lot of people respond to this survey. 59 Glad to see something is finally going to be done about this building. By all means, please save some land for a park and 11/10/2020 10:52 PM fitting landmark, 60 The area around the Jesse lee property is already very densely populated by Seward's standards.Additional multi family 11/10/2020 9:56 PM developments should be spread out.We need places to go and be. Kids need places to go.A park is worth far more to the community than more development that could anywhere else. 61 This might be a good spot to consider an ice rink. Especially with the amount of family dwellings in the area 11/10/2020 9:11 PM 62 Would like to see a sports complex(dome)that the citizens can use year round and would employ people year round. 11/10/2020 9:00 PM 63 Community center or housing with similar appearance to Jesse Lee home 11/10/2020 8:43 PM 64 The council's original resolution was for a park with a memorial incorporating features of the original building. I support that 11/10/2020 8:38 PM objective,and hope the entire area is turned into a public park of some sort. Maybe with an area for community garden plots, like at the Wells Fargo?We have a number of multi-apartment buildings that have opened in town in the last year, let's make a park that's easily accessible to the residents of the existing apartment buildings already in the area. 65 Kenai peninsula resident 11/10/2020 8:27 PM ---------------------------------------------------------------------- 66 band shell!!!!!!!!!Band shell!!!!!!!!!!!Bands hell!!!!!!!! 11/10/2020 6:26 PM ------------- 67 This part of town needs a park in which the Denali Cooks can play.Giving the Denali Cooks an outdoor venue here in 11/10/2020 6:23 PM Seward would add character and attract customers to our many businesses in town 68 The mayor and council assured those who spoke for preserving JLH that if it was taken down there would be memorial to 11/10/2020 5:33 PM the home built on the site.This site is significant to our entire state.There will be increasing residential development in this section of town.A park would serve those residents in the area.Selling the property for a multifamily development could just serve to make a wealthy person wealthier and does not have the potential to serve the entire community. 69 A park,grills, Pavillion etc...for the residents to use in that area. 11/10/2020 4:51 PM 70 dog park 11/10/2020 3:58 PM 71 NO more memorials for this.We ALREADY have a Benny Benson Memorial.That's sufficient. 11/10/2020 3:42 PM 72 1 may be biased because I live RIGHT next to this property and would hate to see this land with it's great location and view 11/10/2020 3:23 PM go off to the highest bidder.I think the land(and view)should remain something that all of Seward's citizens can access, not just the few that can afford the housing that is built there. 73 1 strongly recommend that 0.66-1.66 acre of land should be reserved for a park and large playground not unlike the Parks 11/10/2020 3:22 PM Playground at 310 Ballaine Blvd.This would serve as a wonderful family friendly location to all of the residential housing in the area.Additionally, I think the city should work a trade with James Pruitt,owner of 1900 Phoenix Rd and 1909 Dora Way, to exchange 1900 Phoenix Rd for 1911 Dora Way.This would give the city a clear path to extend Benson Drive to connect with Dora Way and Phoenix Rd.The deal would benefit Mr. Pruitt with a gain of 0.07 acres of land located directly next to land he already owns.The deal would also benefit the city with more connected roads to higher grounds and the schools. 74 If there is to be multi family housing built on the sight there should be a green space component to the design.This 11/10/2020 1:46 PM 82 7/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK enhances the value of the multi family housing and the neighborhood. ---------------------- 75 This site should be held up high in the site of of Seward in pride. It has helped to put Seward on the maps.We have Too 11/10/2020 1:29 PM much housing in that area.Let's make it beautiful. ------------- 76 I like Jackie's concept 11/10/2020 1:20 PM 77 Don't just make it into more housing 11/10/2020 1:16 PM 78 There is already a memorial on site. 11/10/2020 1:10 PM 79 It would be great to have another outdoor(yet covered)gathering space-like a large pavilion-in that part of town. Having 11/10/2020 12:58 PM an indoor or covered outdoor playground would be fantastic too-allows kids to play outside more in inclement weather. 80 Can't believe greed has entered the equation. 11/10/2020 12:51 PM 81 It would be great to develop more gardens or a fenced in dog park 11/10/2020 12:17 PM 82 Outdoor music venue is needed in Seward City Limits 11/10/2020 12:08 PM 83 I think a park and memorial on this site is a very nice idea. I live close by and having another public spot that is easy to 11/10/2020 11:51 AM take my kids to would be wonderful.While Seward still needs more multi family housing,there is other land that can be developed for that. 84 We need a public park for the Denali Cooks to play! 11/10/2020 11:28 AM 85 I think housing would be a great idea for that area with a little walking path to a memorial on the center. 11/10/2020 11:28 AM 86 I would love to see a covered area where photos of Jesse Lee and history could be displayed.This history is important. 11/10/2020 11:23 AM Maybe a structure with a roof top similar to Jesse Lee. I found the bunks that were five bunks tall and very narrow to be interesting and insightful into how the kids live there. I would like it if we did not lose that information. 87 You should have a place in the park for plays and live music.And amphitheater 11/10/2020 11:23 AM 88 I would like to see an outdoor venue for the Denali cooks 11/10/2020 11:18 AM 89 I would like a big green space for the Denali Cooks to play. 11/10/2020 11:10 AM 90 Whatever happens make sure the friends of Jesse Lee home aren't involved 11/10/2020 10:59 AM 91 We don't need more subdivisions to cover up history that will no longer be spoken of if 11/10/2020 10:40 AM 92 Thanks for your hard work on this! 11/10/2020 10:29 AM 93 Thanks for considering something different for this area! 11/10/2020 10:26 AM 94 I like short surveys as a way to get the pulse of the community.Saving time at the city council meetings. 11/10/2020 10:25 AM 95 Erect a historic marker near the Jesse Lee cemetery and spruce that place up a bit. It can be featured as part of a walking 11/10/2020 10:23 AM tour as it is close to the chamber of commerce and more easily accessible by interested people in that location 96 A strong community isn't built with subsidized housing&rental property. If the community would like affordable housing 11/10/2020 10:06 AM options, it needs to begin by creating barriers/restrictions to the use of existing housing as non owner-occupied rentals, vacation rentals,Air B&Bs,etc.A healthy local economy needs to be built on more than tourism alone. 83 8/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 97 Seward needs more single family homes in the 200-250k price range, sell the land to developers for homes!There's a park 11/10/2020 10:03 AM literally right up Dora Way,there's no need for another one.Seward needs single family housing. 98 Yes there is a memorial to Benny benson, but not having something at the site would overlook the entire orphanage.There 11/10/2020 9:57 AM needs to be a balance between our history(which needs to be honored)and our future development needs.A memorial needs to be a place where a community can gather. ------------------------- 99 The city already has a diverse park offering and if you include the neighboring public lands, more than we need.What 11/10/2020 9:54 AM Seward continues to need is a diversity in housing or community buildings. Perhaps a large community center could be here or more single family housing. 100 One thing this town lacks is a place for dogs to gather and run and play.The airport doesn't allow it.The fenced football 11/10/2020 9:44 AM fields don't allow dogs.The parks are for children. Put something dog friendly up so I can take my whole family out! 101 It would be appropriate to make a token memorial like a bench and an Alaskan state flag pole.with history posted on a 11/10/2020 9:32 AM plaque. But because it's residential I think lots should be sold via lottery. 102 I live at the bottom of Dora way. Please god do not add another apartment building on Phoenix or Jesse Lee.There are 4 11/10/2020 9:31 AM low income apt buildings a subtype square mile with 5 or 6 apt buildings if you count the non section 8 ones.Stop building section 8 housing. Build a park. 103 that part of town desperately needs accessible family friendly green space for everything from birthday picnics to public 11/10/2020 9:24 AM events. In this age of pandemic having outdoor meeting and recreation space(in proximity to the working class population) is more important than ever! 104 I think this neighborhood is pretty dense with apartments already, so more multi family housing should be carefully 11/10/2020 9:21 AM considered. I'd also like to see some data about our area in regards to housing. I know that b and rentals have some serious drawbacks and haven't seen much discussion about limiting their impacts. I think that a park in this area might serve the needs of a lot of families-the small park on Dora way seems heavily used already. I also think a well thought out park might be a nice way to recognize the history of these plots. -------------------------------- 105 Seward needs the TAX income.Sell it to a taxable property. 11/10/2020 8:57 AM 106 The city already tore down the best memorial,the beautiful historic structure.We have more public lands than most other 11/10/2020 8:45 AM cities in the world.We don't need more. Multi family housing lots are the best use of the land going forward after the loss of the historic structure."Low income"subsidized housing is not good for the town. 107 I would ask the Dora Way residents what they want to see in their neighborhood. For instance, some may not want a park 11/10/2020 8:40 AM that attract tourists into a private residential neighborhood.Some may want a park they can walk too.Some may see a park as a easy location for illegal activity.I would not want the entire City population making decisions on what goes up next to my house or where my children run/play 108 N/A 11/10/2020 8:34 AM 109 I also believe along with a park,we should build a Community Center which this town badly needs. Inside the Center it 11/10/2020 8:32 AM could be decorated with Jesse Lee photos and objects, making the entire building a memorial to it. People would utilize the site often,and a pavilion would allow more people to utilize it and see the awesome view from that site. Keep it for the public. Don't sell it for some Anchorage or out of Stater to buy and use for nightly rentals only. 110 I look forward to discussion of what sorts of activities might be available to park users at this site. I would like to see a 11/10/2020 8:28 AM 84 9/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK playground(suitable for both toddlers and older chikdren),open space for activities like sledding,a covered area for gatherings and a community garden(many in this neighborhood lack space to garden at home). I also think that there should be nicely landscaped garden spaces like we have at parks along the waterfront, maintaining clear sight-lines throughout the park is important to minimize misuse of the site. I feel strongly that no camping should be offered at this park. 111 I feel that this property should be developed as to increase sewards tax base. 11/10/2020 8:09 AM 112 Seward has enough multi family housing. I used to manage Gateway Apartments. I am friends with many of the current 11/10/2020 8:08 AM apartment managers.Turnover is high and there are rarely completely full complexes for long. In the last two years at least four multi family units have been constructed in the Seward area.One of those is directly beside the parcels at the Jesse Lee.3 more older complexes are within a stone's throw from it.What we need now is green space for all those families to recreate.Apartment dwellers rarely have a place to grow veggies, play in the dirt and see life springing forth.We could have a border of raised garden plots surround the perimeter of the park. .Wouldn't it be an amazing legacy for the site set aside to nurture and care for people to continue to do so?A pavilion with memorial walls,dedicated to photos, history,writings and stories of the residents would pay respectable homage to the past.That pavilion, surrounded by grass and gardens would give all those living in the current multi family units a place to gather, barbecue, have a birthday celebration with friends, maybe kick a soccer ball or play volleyball.Wouldn't it be wonderful to let those nearby have the ability to give back to the community by tending to, beautifying little garden plots while helping to feed their families.I live nearby. I have a yard and a garden of my own. I see the benefit to my own family. I'd love to see this gift to our community bless more families. I'd be willing to volunteer, help in some way to organize these things.Thank you for your time.Sandra Deland 907-362- 1976 113 1 believe a one acre park would be sufficient. Nice residential area for a park-Seward needs single family smaller first time 11/10/2020 8:07 AM home buyer places-not more subsidized housing 114 Residential properties have greatly expanded in the area of Jesse Lee with very little expansion of park land. 11/10/2020 7:58 AM 115 Memorial park,yes. However, perhaps the remainder of the property could be sold to develop more year-round visitation. 11/10/2020 7:56 AM Not necessarily a hotel, but an adventure park,tram/lift,who knows. If not that,then middle income single-family housing, or multi-family housing such as a duplex/triplex, but not apartments. -------------- 116 Would support the site being developed as a park,as the council intended. 11/10/2020 7:54 AM 117 Thank you for finally getting this done! 11/10/2020 7:35 AM 118 A memorial gazebo.A much improved playground and dog park.This neighborhood is kinda lacking in those amenities. For 11/10/2020 7:22 AM all to use 119 A park that all residents and visitors to enjoy would make Seward an even better place to live. 11/10/2020 7:15 AM 120 It would be nice to have interpretive panels around the park with old photos describing live at the Jesse Lee Home,why it 11/10/2020 7:04 AM was built and who lived there.The good and the bad for those that lived there. 121 Do NOT let this property be used for more housing, it absolutely needs to be a beautiful grass park with a pavilion and a 11/10/2020 6:40 AM memorial, picnic tables etc. 122 maintaining open space among the denser housing developments is critical,as is memorializing this historic property 11/10/2020 6:29 AM 123 Most beautiful view in the whole city best use of space memorial park/pavillion to remember history and move forward with 11/10/2020 6:26 AM beautiful space!Long family history in Seward my grandmother worked there as nurse would honor her and others and the 85 10/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK children through a memorial park! -------------------- Y 9 going p 124 1 live on Dora way in the neighborhood of the Jesse Lee home.There is a lot of new construction oin u in this area. soon 11/10/2020 6:23 AM it will be somewhat congested I would hate to add to that with this property. instead, let's create a park similar to the one on the waterfront but with more beautiful trees and shrubs around the playground. 125 Thank you for considering citizen comments 11/10/2020 6:11 AM 126 This is prime real estate,and after a dismal sales tax year,the sale of the property and subsequent property tax is 11/10/2020 5:56 AM necessary.The Benny Benson Memorial area can add something additional for Jesse Lee Home. 127 Seward is a special place.The Jesse Lee Home was a special place. I agree it could not be salvaged but believe it's 11/10/2020 5:43 AM history/site/memorial could be used for public education and as a draw to the community as an event location,walking tour, or another opportunity. Please ask Qutekcak to help decide it's fateltell the story of the place. Many tribal members lived there... many have passed on but their descendants could share its meanings and provide input on its next chapter. ----------------------- 128 No 11/10/2020 5:41 AM 129 Seward seems to not have enough affordable seasonal housing but that seems to be changing. I think Seward could use a 11/10/2020 4:37 AM dog park and it could use a community center and either or both of those could be in that space along with a memorial park. It's an important historical site and I think y should be preserved for the community not just sold for development.Seward would have enough housing if the vrbo and nightly rentals were taxed and brought under control 130 Live in the area, have a small family,wife has lived in Seward her whole life.Very hopeful this area will be of use to local 11/10/2020 4:28 AM citizens and not a space for more micro-apartments and vacation homes.Seward and the memory of the Jesse lee home deserve better. 131 Seward has enough parks. During hard financial times it is not a good idea to add more expense.Small public space and 11/10/2020 2:39 AM sell lots. 132 1 personally feel a Pavillion build with wood salvaged from the demo would be a great attribute to the property.A dog park, 11/10/2020 12:28 AM and even a botanical space would be beneficial.Another idea is an area for a farmers market during the summer months. 133 N/a 11/9/2020 11:40 PM 134 A small park would be nice.Three bedroom zero lot lines for families would be preferred zoning. 11/9/2020 11:22 PM 135 Children have been playing on the gounds of the Jesse Lee home for 95 years and the legacy must continue. Perhaps a 11/9/2020 11:14 PM pavilion similar to the Branson Pavilion would provide year round use from the elements.A sand box, swings and perhaps an outdoor exercise park would benefit all of the residents of the area. If the lilac bushes that were planted the summer of 2018 survive the demolation, I think that it would be appropriate to have them on the grounds. --------------------------- 136 I've always wanted to have a labyrinth in Seward and it's possibly a great fit for the location when you look up the definition. 11/9/2020 11:07 PM We need another covered pavilion area too that could be built with some of the salvaged wood. Make it picturesque with various signage about the history. Look up Punchbowl in Honolulu and how they've preserved history. ------------- 137 1 believe the neighborhood needs a decent park space.Could the existing playground be dismantled and the land sold and 11/9/2020 11:04 PM then a new playground be built in part of the new park space? --------------- 138 Yeah 11/9/2020 10:55 PM -------------------- 139 Seward needs a dog park 11/9/2020 10:48 PM 86 11/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 140 1 was born in Seward and it's a real shame that the city council would ever consider this historic place for public housing 11/9/2020 10:45 PM 141 Its an eyesore thats for sure.Glad its being taken down. More family homes please. 11/9/2020 10:39 PM 142 1 strongly support doing something that honors the history of this site that was important not only to Seward but to Alaska. 11/9/2020 10:36 PM 143 keep tourists out of the neighborhood and provide year round residents with a pleasant public space 11/9/2020 10:34 PM 144 Na 11/9/2020 10:33 PM 145 With all the new single and multi family construction being done by Phoenix,there is not a need for multi family housing. 11/9/2020 10:32 PM The additional families that will be taking up residence in the new construction will need an open park to enjoy which the current park on Dora cannot handle. 146 Shame on Seward. 11/9/2020 10:32 PM 147 The current location between single residential, multi family and the schools is an ideal place for a community use building 11/9/2020 10:32 PM and open park space.A place where all ages can gather on a daily basis.A place with large windows overlooking the bay and a place to enjoy the warmth of the southern exposure.Seward has more than enough multi family properties.With several large properties recently built and more being built North of Dora Way.This property should be for the people of Seward,where children and elders can gather together and learn from each other. ------------------------ 148 The property should be subdivided into residential single family home lots or no more than 4-plex lots and sold as soon as 11/9/2020 10:31 PM possible.All lots should be sold with a clause that they must have a dwelling on them within 2 years or a substantial fine will be imposed which will be levied and increase every year the property has no home built on it. 149 we need housing desperately 11/9/2020 10:23 PM 150 Could add a portion of the property to be a dog park. For dog social time.-must be with owner, shots and friendly. 11/9/2020 10:23 PM ---------------- 151 Seward needs much more housing for young families and working professionals. 11/9/2020 10:21 PM 152 Not sure why my length of time lives here matters. If I can vote here I should have a say.After all we had to listen to 11/9/2020 9:58 PM Doreen Lorenze forever and she doesn't even live here anymore ---------- -------------- 153 Keep it as a memorial for the home so people can visit.The view alone is a wonderful spot to watch for tsunami 11/9/2020 9:52 PM ---------------- -..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-...---------------------- 154 Please consider a dog park.Lots of other towns on the peninsula and surrounding south-central communities have one,and 11/9/2020 9:51 PM Seward does not. --------------------------- ---------------------------------------------------- 155 1 would have preferred that a rectangular section of the remaining building be preserved. Use it refabbricate windows, 11/9/2020 9:47 PM frames, sills, roof line,alcove entrance and steps facing south.Get an easement from the owner of the property on which the current plaque is located to reconstruct the main drive on to the property from the south boundary.Sell the eastern half and use the proceeds for reconstruction of a two story replica. Use this facility for a conference center. Place picnic tables on cement pads for ease of mowing around the grounds. Rest rooms and water will be necessary.Alternatively this site could be aivi g history museum,complete with cow,vegetable garden and building simulating the activities of the home. This would be a tourist draw to Seward.At any rate period pictures in the replica building are a must. 156 Please be thoughtful about this.We have enough housing development going on.Will there be the jobs to support and 11/9/2020 9:43 PM sustain families to buy potential homes?What do you envision for Seward 20 years from now? ---------------------------------------------------------- 157 1 could agree to half the property being sold to generate funds to build and maintain a memorial. 11/9/2020 9:26 PM 87 12/13 Envisioning the use of the Jessie Lee Property at 101& 105 Benson, Seward AK 158 1 was born in Seward,grew up there, moved away at college age,got married and moved back to run a business there in 11/9/2020 9:23 PM the 1980's. Moved away again in 1991 and came back again in 2002. It will always be my home whether I'm there full time or not...I'm always an Alaskan.Jesse Lee Home is a part of Seward's history and our state flag came from it's student.A memorial and visitor center would be ideal on the site of the original.Why not house the Chamber of Commerce visitor facility there. it would draw many interested tourists and with an adjoining park and the fabulous view it would be a major attraction. It is a high spot and could double as a tsunami safe spot0 159 1 have always thought that would be a nice place for a large park or family rec area rather than the eye-sore of the decrepit 11/9/2020 9:08 PM building. I think placing the memorial there is appropriate as well. 160 Part park/memorial, part 2-3 bedroom homes or apts. 11/9/2020 9:05 PM 161 1 am in support of multi family or single family homes in this area but NOT low income housing. I also would support a 11/9/2020 9:03 PM covered or indoor recreational facility for our community to be able to be active in the 9+months out of the year that the weather is poor. 162 Stop wasting city funds on useless crap. People can't afford food&rent after the disastrous summer.Give the money to 11/9/2020 9:03 PM those people. 163 The Jesse Lee Home has valuable historical interest to our state and city. Even though I was a supporter of demolishing the 11/9/2020 9:01 PM buildings, I do believe memorializing the history of the area through a park and community use area/museum is very important.As far as development for housing,there are other places(obvious from the construction diagonal from the Jesse Lee Home)for building homes. 164 A memorial along with a park for the community to use that is not surrounded by the camping tourists,along with a fenced 11/9/2020 9:01 PM dog park would be beneficial to all and greatly appreciated by the residents of Seward.There are so many housing projects in the works we don't need to add more right now.We need to give the residents a usable park and/or dog park which will help make Seward more appealing to current and future residents. Putting housing there would defeat the original intent of demolishing the dilapidated/hazardous buildings which was to create a memorial park space! 165 The nuisance attraction is gone, now preserve the land and dedicate this space as a park. 11/9/2020 8:58 PM 166 Would like to see the right of way extended all the way through the property. 11/9/2020 8:51 PM 167 One segment of population that is rarely addressed is the in betweeners.Those folks between 18-21 have no place to 11/9/2020 8:49 PM recreate.Too old for the teen center and too young for the bars.They are not allowed to use school property facilities anymore(other than the pool).At least a portion of the 2.66 acres should be developed with this population in mind. 168 Build condos.Three stories high.The city budget has paid hundreds of thousands on this mess.Get it in the tax rolls 11/9/2020 8:39 PM 169 Please give us a memorial park at this location to include a Jesse Lee Home memorial,community gardens and a dog park. 11/9/2020 8:25 PM The possibilities are endless. 88 13/13 CITY OF SEWARD,ALASKA Sponsored by: Bridges RESOLUTION 2018-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF SEWARD AND THE ALASKA DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS FOR A DESIGNATED LEGISLATIVE GRANT IN THE AMOUNT OF$1,073,441.46 FOR HAZARDOUS MATERIAL REMOVAL, SITE REMEDIATION,AND CONSTRUCTION OF A MEMORIAL AT THE SITE OF THE JESSE LEE HOME WHEREAS, the City of Seward and the Friends of the Jesse Lee Home entered into a Purchase and Sale Agreement, for the property identified as Lots 15A and 15B, Jesse Lee Home Heights Subdivision Addition No.4 according to Plat 89-18 also known as the Jesse Lee Home, as authorized by City of Seward Resolution No. 2014-059; and WHEREAS, within that purchase and sale agreement there are certain improvements required during a"due diligence"period which expires August 29,2019. Those improvements are: a. Hazmat abatement (estimated at $216,000) b. Extension of 50% of the water utilities: 270 +/- feet 8" main @ 200 per foot and 2 hydrants (estimate at &74,000 X .5 = $37,000) C. Extension of 50% of the sewer utilities: 220 +/- feet 6" main @ $150 per foot, 100 +/- feet 4"main @ 125 per foot, 3SSMHs @$10,000 each(estimated at$75,000 X .5 = $37,750) and; WHEREAS, in the event these improvements are not completed by August 29, 2019, the property reverts back to City ownership; and WHEREAS, the City has been awarded a Department of Commerce, Community, and Economic Development Grant in the amount of $1,073,441.46 to mitigate the Jesse Lee Home structure,to remove,dispose,and abate environmental hazards remaining on the property,including asbestos,underground fuel and/or other tanks,buildings,fencing and structures,and to respectfully remove salvageable wood and/or property features to build a memorial to the residents and staff of the facility; and WHEREAS, it is in the City's intent to conduct such hazardous material removal, site remediation,and memorial construction in the event the ownership of the property reverts back to the City. 89 CITY OF SEWARD, ALASKA RESOLUTION 2018-088 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City of Seward finds it advisable to have resources available in the event the Jesse Lee Home reverts back to City ownership. Section 2. The City of Seward hereby authorizes the City Manager to accept the Department of Commerce,Community,and Economic Development Grant in the amount of$1,07 3,441.4o.and to execute all documents related to the grant on behalf of the City. Section 3. This resolution shall take effect thirty(30) days after approval. PASSED AND APPROVED by the City Council of the City of Seward,Alaska this 26`h day of November, 2018. THE CITY OF SEWARD, ALASKA a"IQk�-k I - David Squires, Mayr AYES: Squires, McClure, Towsley, Horn, Seese, Osenga, Lane NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk li c f y C le /c (City Seal) O� v �� PORpok '•.> rt SEA. .... •Ittv f,.. tigjE OF iM-NC'•'x 90 Agenda Statement Meeting Date: November 26, 2018 To: Mayor Squires and Seward City Council Members r T From: Jeff Bridges, Interim City Manag Agenda Item: Resolution 2018-088: A Resol the City of Seward, Alaska Approving a Grant Agreement Between the City of Seward and the Alaska Department of Commerce, Community, and Regional Affairs for a Designated Legislative Grant in the Amount of $1,073,441.36 for Hazardous Material Removal, Site Remediation, and Construction of a Memorial at the Site of the Jesse Lee Home. BACKGROUND & JUSTIFICATION: City of Seward Resolution 2014-059 (attached) provided for the approval of a Purchase and Sale Agreement with the Friends of the Jesse Lee Home(FJLH). FJLH intended purpose of the purchase was to renovate and restore the building for use as an educational and residential/boarding school. Within that purchase and sale agreement there were certain due diligence provisions which must be accomplished by August 29, 2019 or the ownership of the property reverts back to the City. Those due diligence provisions included hazardous material removal and water and sewer utility extensions. This grant would provide for hazardous material removal, site remediation, and the construction of a memorial to the residents and employees of the Jesse Lee Home in the event the property reverts back to City ownership as provided for in the purchase and sale agreement. INTENT: The intent of this Resolution is accept the grant. 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 (List Below) This Resolution is consistent with City of Seward Resolution 2014-059. (Also included in the packet for background purposes of City of Seward Resolutions 2008-034 and 2005-01.) FISCAL NOTE: There is no fiscal note related to the acceptance of this grant. No matching funds are required. Approved by Finance Department: it ATTORNEY RE`dIEW: Yes X No 91 RECOMMENDATION: Authorize the City Manager to accept the Department of Commerce, Community, and Economic Development Grant in the amount of$1,073,441.46,and to execute all documents related to the grant on behalf of the City. 92 OF T THE STATE Department of C onimerce, CoI111111111ity, 0ALASKA 1 and Economic Development GovFRNOR Biu. WALKER DIVISION ()I COMMUNI I YANO K1:610N.Al ALAS A K 99 31 I 0809 9()7 �',�7 Aeo 413l October 2, 2018 City of Sexvard, Kristin Erchinger, Finance Director PO Box 167 Sexvard, AK 99664-0167 RE: FY2019 Designated Legislative Grant Agreement Dear Ms. Erchinger: Enclosed you will find a grant agreement between the City of Sexvard and Department of Commerce, Community, and Economic Development for use towards the Hazardous material removal and site reniediation at the Jesse Lee Hoine for the fiscal years ending June 30, 2019,Julie 30, 2020, and June 30, 2021. In order to receive grant funds, a grant agreement must be executed. Carefully review the agreement, sign, date, and return to the address above. Upon receipt and approval, a fully executed copy will be sent to you for your file. I - If you have any questions regarding your grant agreement contact me via phone at (907)465-4731 or email robili.p,,irk@,,il-,iska.gov. Sincerely, Robin Park, Grants AdITU'nistrator 11 Enclosure 93 OF ro , 0 S� DEPARTMENT OF COMMERCE,COMMUNITY,AND ECONOMIC DEVELOPMENT i. � DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Designated Legislative Grant Program o Grant Agreement 61 ALsl`��4 Grant Agreement Number TOS84266 endor Number _ rnOLint of State Funds 19-RR-004 $1,073,441.46 C;_1II" appropriation Unit Lapse Date Project Title Hazardous material removal and site remediation at 087824004 06/30/2021 the Jesse Lee Home for the fiscal years ending June 30, 2019,June 30,2020,and June 30,2021 Grantee Department Contact Person Name \ame City of Seward RO�i)in Park Street/PO Box 1 Ilk, PO Box 167 Grant .1dtninistsator II Cin-/Stare/zip Street/PU Box Seward,Alaska 99664-0167 PO Box 110809 Contact Person Cite-/State/zip Kristin Erchin er, Finance Director Juneau,Alaska 99811-0809 Phone Fax Phone Fax 907-224-4064 907-224-4038 907-463-4731 907-465-4761 Email Email kerchin er cr citN-ofseNvard.net robil-i.park@alaska.gov AGREEMENT The Alaska Department of Commerce, Community, and Economic Development, Division of Community- and Regional Affairs (hereinafter `Department') and City of Seward (hereinafter `Grantee') agree as set forth herein. Section I.The Department shall pay the Grantee for the performance of the project work under the terms outlined in this Agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed it 073,_441.46. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins June 30 2018 and shall be completed no later than _June 30 2021. Section IV. The agreement consists of this page and the following: ATTACHMENTS ANIENDMENTS attachment A: Scope of Work Any fully executed amendments to this agreement 1. Project Description 2. Project Budget APPENDIX 3. Project Management Appendix: A: State Laws and Regulations 4. Reporting Attachment B: Payment Rlethod Attachment C: Standard Provisions Grantee Department Signature Signature I'rintcd Name and Title Printed Name and Title Jcffrey Bridges,Interim Ci .Manager Pauletta Bourne, Grants Administrator III Dare Date Revicuweci h.ti. Rev.612018 Designated LegrslatiT4Granl Agr-eemety Page 1 of 13 Attachment A Scope of Work 1. Project Description The purpose of this FY2019 Designated Legislative Grant in the amount of S1,073,441.46 [Pl1rwaarl to the prori.nons gI37.0a.315-IS Slataate, Grams to 1llunl""ipalities SL.q 2018, SB 142, Chapler 19, Seclion 32, Pa;e 41, and Line 13] is to provide funding to Cite of Seward for use towards Hazardous material retnoval and site remediation at the)esse Lee Home for the fiscal years ending June 30, 2019, June 30, 2020, and June 30, 2021. The objective of this project is to nnitigate the Jesse Lec Homc structure which poses a sigiuficant attractive nuisance and a health hazard to the residential neighborhood. These fiends will be used to remove., dispose and abate environmental hazards remaining on the property, including asbestos, underground fuel and/or other tanks, buildings, fencing and structures,and to respectfully remove salvageable.wood and/or property features to build a memorial to the residents and staff of the. facility. This project may include the following items: • Hazard abatement Environmental hazardous waste disposal • Labor costs s Materials/supplies a Permits • Nlemorial construction Additional expenditures must be reasonable and relative to the project objective and may require pre approval by the department. No more than fire percent (5°'o) of the total grant award may be reimbursed for Adnninistrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10%) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget Cost Category Total Project Costs Project funds $1,073,441.46 Administration S0.00 Total Grant Funds $1,073,441.46 3. Project Management This project will be managed by the Grantee. Signatory authoritt- for execution of the Grant Agreement and subsequent amendments is granted to the chief administrator. For grants appropriated to a municipality, the manor is the chief administrator unless the municipality operates a managerial form of government; then the city manager/administrator acts as the chief administrator. For named recipients and unincorporated communities, the executive director or highest ranking official will act as chief administrator. Rev. 6/2018 Designated Legislatig Grant Agreenx'rtl Page 2 of 13 The chief administrator may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory .Authority Form. The chief administrator also designates financial and performance progress reporting authority via the Signatory Authority form. Such delegation is hinited to others within the Grantee's organization unless otherv,ise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant fiends in any manner contiary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the Grant and any balance of funds under the Grant. It may also result in the Grantee being required to return such amounts to the State. If applicable under state law, grantees must be registered and in good standing with the Department of Commerce, Con-imunitc- and Economic Development's Division of Corporations, Business and Professional Licensing. 4. Reporting The Grantce shall submit a Designated Legislative Grant Financial/Progress Report Form provided by the Department each month, or quarterly-, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due thirty (30) days after the end of the month or quarter being reported.The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Rev 6,12018 Designated Legislath e Grant Agreement Page 3 of 13 96 Attachment B Payment Method 1. Reimbursement Payment Upon receiving and approving a Grantee's Financial/Progress Report, the Department will reimburse the Grantee for expenditures paid during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse without approved Financial/Progress Reports, prepared and submitted by the Grantee on the form provided by the Department. Before approving the financial/progress report for pa1•nient,the Department may require the Grantee to submit documentation of the costs reported (e.g.,copies of vendor billings/invoices and proof of payment, general ledger expenditure report). 2. Advance Payment In most instances, the Department will make payment to a Grantee on a cost reimbursable basis. If cost reimbursement significantly inhibits the Grantee's abiht�- to implement the project, the Department may advance to the Grantee an amount not to exceed a projected thirty (30) dad cash need, or twenty percent (20%) of the amount in Section I,whichever is less. Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Adv,ii e Pay anent" form can be obtained from the Department electronically- or in hard cope. All advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 3. Withholding of Ten Percent (10°/0) The Department may withhold ten percent (10%) of the amount in Section I until the Department detern ii that the Grantee has satisfactorily- completed the terms of this Grant agreement, including all required reporting of the project. Rei. 612018 Designated Legislatire Grant Agreement Page 4 ol'13 Attachment C Standard Provisions Article 1. Definition "Department" refers to the Department of Commerce, CommunitA-, and Econorric Development with the State of Alaska. Article 2. Indemnification It is understood and agreed that this Grant ,Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee,its successors and assigns, will protect, save, and hold harinless the Department and the State of Alaska and their authorized agents and employ°ces, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantec, its subcontractors, assigns, agents, contractors,licenses,invitees, employees,or and-person whoinever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including pa}-ment of and- costs or attoruey's fees for an}' claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claiins, costs, damages, or expenses which may be caused by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of(a) the Department and the State of Alaska and their agents or employees, and (b) the. Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant fiends under the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all tunes as an independent Grantee. Article 4. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to uisist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof,or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract,involving transactions related to the project and this Grant.Agreement. Article 6. Reports The Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement,including the final close-out report, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. Rev. 0/2018 Designated I egislative Grant Agreement Page 5 of 73 98 Article 7. Retention of Records The Grantee shalt retain financial and other records relating to the performance of this Grant Agreement for a period of sill rears from the date when the final financial status report is submitted to the Department, or until final resolution of any audit findings, claims, or litigation related to the grant. Article 8. Assignability The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or novation). Article 9. Financial Management and Accounting The Grantee shall establish and maintain a financial managenncnt and accounting system that conforms to generally-accepted accounting principles. Article 10. Program Income Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department tray request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as the Department mat•require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include unformation pertaining to project performance. and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third-Party Relationships None of the Work specified in this Grant Agreement shall be contracted b�, the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or and• relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any third part- or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Ro tV,7018 Designaled Legislalice Grant Agreement Page 6 of 13 99 Article 14. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality° or localities who exercises anv functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in anN- contract, subcontract, or the proceeds thereof,for work to be performed in connection with the project assisted under this Grant Agreement. The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Article 15. Political Activity No portion of the funds provided hcreiinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of anti- ballot issue. Article 16. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in pa}'ment of any-bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby- prohibited if otheiwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds.The Department Twill determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be tert-ninated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as mangy- outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension—After notice in writing by certified mail to the Grantee, suspend the grant and withhold any- further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination — Terminate the grant in whole or in part, at anj' time before the :Final grant payment is made. The Department shall promptly notifw the Grantee in writing of its dctertnination to terminate-, the reason for such termination,and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. Rev-.612018 Designated Legislalire Grant Agreement Page 7 of]3 100 Article 20. Withdrawal of Funds In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any wat- after the effective date of this Grant agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re-negotiate subject to those nets funding limitations and conditions. A terniuiation under this article shall be implemented under the same conditions as a termination under article 19 of this llttachinent. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant.Agreement by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of grant funds under this recovery-provision shall occur within thirty, (30) lots of demand. All remedies conferred on the Department b�l this agreement or any other instrument or agreement are cumulative, not exclusive, and mai• be exercised coticurretith- or consecutively- at the Department's option. Article 22. Disputes Except as othenvise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of bj- mutual agreement shall be decided by the Department, which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. 1"his "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant agreement shall be construed as making final the decisions of anti, administrative official, representative, or board on a question of law. Article 23.jurisdiction This Grant agreement shall be governed by the laws and statutes of the State of Alaska.The venue of any suit hereunder may be in the Superior Court for the hir Judicial District, ]u i an, Alaska. Article 24. Ownership of Project/Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed "with funds under this Grant agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property- of the Grantee, The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. Article 25. Site Control If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy-the site for the expected useful life of the building,structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Rev.612018 Designated Legislative Grant Agreement Page 8 of 13 Article 26. Insurance The Grantee is responsible for obtaining any necessan7 liability insurance and maintain in force at all times during the performance of this Grant Agreement the insurance policies identified below. All insurance policies shall comply with, and be issued by- insurers licensed to transact the business of insurance under Alaska Statute _1S 21. The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability- Insurance. A, Workers' Compensation Insurance for all employees engaged in work under this Grant Agreement, coverage as required by AS 23.30.045, and:where applicable, am' other statutory- obligations including but not limited to federal l'.S.L.. & H. and Jones Act requirements. B. Commercial General Liability- Insurance covering all business prenuses and operations used by the Grantee in the performance of this project and Grant Agreennent with coverage limits not less than 5300,000 combined single limit per occurrence and annual aggregates where applicable. C. Comprehensive Automobile: Liability Insurance covering all vehicles used by the Grantee in the performance of this project and Grant Agreement with coverage limits not less than $100,000 per person/5300,000 per occurrence bodily injul:y and 550,000.00 property damage. D. Professional Liability Insurance covering all errors, omissions or negligent acts of the contractor, subcontractor or anwwne directly or indirectly employed by them, inade in the performnance of this contract wl-uch result ill financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits L_'.nder $100,000 5100,000 per occurrence/annual aggregate Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering seli-ices, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than the amount of the entire project. Article 28. Governing law This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project ill compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the federal, State, or Local governments have been obtained. Article 29. Budget Flexibility Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget ill Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10°) of the line item or $10,000, whichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existing budget line items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 30. Equal Employment Opportunity (EEO) The Grantee may- not discrinunate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. Ro.6/2018 Desipiared Legislalrre Grant Agreenenl Page 9 of 13 102 The Grantee shall state, in all solicitations or advertisements for employees to wort: on state funded projects, that it is an equal opportunity ennployer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee sliall include the provisions of this EEO article in ever- contract relating to this Grant Agreement and shall require the inclusion of these provisions in ever- agreement entered into by and- of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 31. Public Purposes The Grantee agrees that the project to ,vh1ch this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status,pregnancy, or parenthood. If the Grantee is a non-municipal entity- and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non-profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, :1S 10.20.290-10.20.452. Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facilitt�, equipment, or other items acquired under this grant. Article 33. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pad- the current prevailing rates of wage to eLnployees as required by AS 36.05.010. The Grantee also shall require any contractor to pa}' the current prevailing rates of wage as required by AS 36.05.010. Article 35. Severability If any provision under this Grant agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction,this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. Article 36. Performance The Department's failure to insist upon the strict performance of any provision of the Grant agreement or to exercise anN, right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this Grant Agreement. Rer. 62018 Desigiialed Legislalire Grant Agreement Page/0 of 13 103 Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign imrnunit}, it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign imununity, effected by resolution of the entity's governing body,is herein incorporated into this Grant Agreement. Article 38. Audit Requirements The Grantee must comply with the audit requirements of the Alaska Administrative Code set fortli in 2AAC45.010. AUDIT REQUIREMENTS. Ali entity that expends a cumulative or total, equal to the state single audit threshold during the fiscal year is required to have a state single audit. A copy of the most current 2AAC45.010 adopted regulations is available at the Alaska Department of Adnunistration's State Single .Audit -,vebsite: littl2://doa.,,ilaski.gov/dof/ssa/ii)dex.littii]. Current audit compliance supplennents and guides specific to programs under AS 37.05.315 Grants to NIurucipalities, AS 37.05.316 Grants to Named Recipients, and AS 37.05.317 Grants to Unuicorporated Communities can be found at http://doa.alaska.goN-/dof/ssa/audit guide.httnl. Article 39. Close-Out The Department will advise the Grantee to initiate close-out procedures when the Department deternunes, in consultation with the Grantee, that there are no innpediments to close-out and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any unsettled thid-pam, clainris against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the Grantee's failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (,kDA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and ernplovees. Title I1 of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must,if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantecs or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. Rev, 6/?018 Designated Legislative Granf Agreement Page!1 of 13 104 Appendix A State Laws and Regulations and. Permits Grantees are responsible for all applicable state laws, regulations and permits; including but not limited to the following list which most cornmonly affects Grantees. Municipality Public Facility Operations and Maintenance—AS 37.05.315(c) In accepting a grant under AS 37.05.315 for construction of a public facilin-, a municipaliti' covenants with the State that it will operate and maintain the facility- for the practical life of the faeilitl-and that the municipality will not look to the State to operate or maintain the facility or pat- for its operation or maintenance.This requirement does not apply to a grant for repair or improvennent of an existuzg facility operated or maintained by the State at the time the grant is accepted if the repair or improvennent for which the grant is made will not substatntiallt, increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 �1 grant or earnings from a grant under AS 37.05.315 -37.05.317 mat-not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant made under AS 37.05,315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences—AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150---36.10.175 for employnnnent generated by the grant. Historic Preservation Act—AS 41.35 This chapter of the Alaska Statutes applies to public construction of any- nature undertaken by the State., or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The Department of Natural Resources may stop the construction to determine the extent of the historic, prehistoric, or archaeological values, Fire Protection---AS 18.70 This chapter of the Alaska Statutes requires the Alaska Department of Public Safety (the State .Fire \larslnal) to adopt regulations (currently- in the form of Uniform hire Code, as amended) establishing minimum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or actiVities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. Rev.6.12018 Designated Legislative Grant Agreement Page 12 of 13 105 Procurement Preference for State Agricultural and Fishetics Products—AS 29.71.040 This chapter of the Alaska Statutes applies to municipalities that use state funds to purchase agricultural and fisheries products. The la\X- requires: 1. When agricultural products are purchased, only such products harvested in the state shall be purchased whenever priced no more than seven percent above products harvested outside the state, and of like quality- compared with agricultural products harvested outside the state. 2. When fisheries products are purchased, only- fisheries products harvested or processed within the jurisdiction of the state shall be purchased whenever priced no more than se`-en percent aboN-c products harvested or processed outside the jurisdiction of the state,available, and of like quality con-1pared with fisheries products harvested or processed outside the jurisdiction of the state. Alaska Product Preferences—AS 36.15 This chapter of the Alaska Statutes applies to projects financed bl- state mone�� in which the use of timber, lumber,and manufactured lumber products is required,only timber, lumber and manufactured lumber projects originating in this state from local forests shall be used wherever practicable. The law requires the insertion of this clause in calls for bids and in all contracts awarded. Permits and Environmental Procedures The Alaska Department of Environmental Conservation (ADEC) regulates all activities in Alaska that might pollute the air, water or soil. There are dozens of\DEC pert-nits related to constructing and operating public buildings. The lavv requires the following permits, including others designated by° the commissioner. The following list is not intended to be all-inclusive. • Air Emissions Pernut • Permit to Appropriate Water • Anadromous Fish Protection Permit • Pesticides permit • Authorization for Tidelands • Preferred Use Permit Transportation • Right-of-Way and Easement Permits • Brine or Other Salt Water Waste • Solid Waste Disposal Disposal Pertnit • Special Land Use Permit • Burning Pertnit during Fire Season • State Game Refuge Land Pernut • Coal Development Pernut • State Park Incompatible Use Permit • Critical Habitat Area Pertnit • Surface Oiling Pernut • Dam Construction Pernut a Surface Use Pernut • Driveway Permit • Tide and Submerged Lands Prospecting • Encroachment Permit Permit • Miscellaneous State Land Use Pertrtit • Tidelands Permit • Mineral and Geothermal Prospecting • Tidelands Right-of-Way or Easement Pernut Permits • Utility-Permit • Occupied Tide and Submerged Land • Waste Water Disposal Permit • Open Burning Permit • Water Well Permit • Permit for Use of Timber or Materials Rev. 61 018 Designaied Legislaiiie Grant Agreement Page 13 of 13 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ENTERING INTO A PURCHASE AND SALE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF SEWARD AND THE FRIENDS OF THE JESSE LEE HOME, DISPOSING OF PROPERTY AT LESS THAN FAIR MARKET VALUE TO A NONPROFIT CORPORATION, FOR LOTS 15A AND 15B, JESSE LEE HOME HEIGHTS SUBDIVISION ADDITION NO. 4 ACCORDING TO PLAT 89- 18, FOR USE AS A PUBLIC EDUCATIONAL AND RESIDENTIAL BOARDING SCHOOL WHEREAS, the Seller owns the Jesse Lee Home property ("Property," defined below) that is the subject of this Agreement; and WHEREAS, since 2005 the Buyer has been working pursuant to City of Seward Resolution 2005-01 and City of Seward Resolution 2005-83 to obtain funding for the rehabilitation and development of the Property as an educational and residential/ boarding facility;and WHEREAS, Buyer has already coordinated valuable improvements to the Property, including but not limited to Structural Stabilization, Roof Protection & Repairs, Phase I Environmental Assessment, Hazmat Study, Surveying, Structural Analysis and Architectural Design;and WHEREAS, the property was appraised by MacSwain Associates LLC. in 2011 and the two parcels were valued at$470,000 for the raw land; and WHEREAS, since repossessing the property in 2001 the City has paid $264,958 in back taxes and utility assessments, plus untallied administrative, maintenance and risk control costs; and WHEREAS, the assessed value of the property has decreased over time as the property has deteriorated; and WHEREAS, Buyer has supported $33,125.51 for the Environmental Study, Hazmat Study, and survey work and has agreed to provide additional improvements totaling$290,750 as consideration toward the purchase of the property; and WHEREAS, the Buyer wishes to acquire, rehabilitate and develop the Property for use as a public educational and residential/boarding school; and WHEREAS, the Buyer intends to submit an application to the Kenai Peninsula Borough School District for a charter school;and 107 CITY OF SEWARD, ALASKA RESOLUTION 2014-059 WHEREAS, the Property requires significant physical improvements to be used for such purposes,and such uses also require that governmental permits and approvals be granted;. and WHEREAS, development of the Property by the Buyer as an educational and residential boarding school will be a public benefit; and WHEREAS, the educational and residential boarding school will have a net positive economic development impact for the community including short and long-term employment; and WHEREAS, Buyer is uniquely situated and able to redevelop the Property; and WHEREAS, it is in the City's best interest to dispose of these properties in the manner described in the attached Purchase and Sale Agreement, to transfer the risk and liability of the abandoned Properties and the responsibility for necessary site hazardous materials disposal and abatement to the Buyer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City of Seward hereby authorizes the City Manager pursuant to SCC 7.05.120 and 7.05.150 to execute the Purchase and Sale Agreement for the sale of properties referenced as 15A and 15B, Jesse Lee Heights Subdivision Addition No. 4 according to Plat 89- 18, Seward Recording District, Third Judicial District, State of Alaska to the Friends of the Jesse Lee Home for less than fair market value. Section 2. The Friends of the Jesse Lee Home agree to complete at least $290,750 in future long-term site improvements and to pay all closing costs and fees for said property as consideration to the City for the properties. Section 3. The Seward City Council finds the disposal of these properties as described in the attached Purchase and Sale Agreement to be in the best interests of the citizens of the City of Seward and that the public interest will be served by disposing of the property interest for less than the appraised fair market value, in accordance with the recitals above which are incorporated herein. Section 4. This Resolution shall take effect thirty (30)days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 281" day of July, 2014. 4Z 108 Council Agenda Statement Meeting Date: July 28, 2014 Through: Jim Hunt,City Manager From: Ron Long,Assistant Cit &Community Development Direct r 72� Agenda Item: To enter into a purchase and sale agreement between the City of Seward and the Friends of the Jesse Lee Home,disposing of property at less than fair market value to a nonprofit corporation, for lots 15A and 15B,Jesse Lee Home Heights Subdivision Addition No.4 according to Plat 89-18 BACKGROUND& USTIFICATION• The Jesse Lee Home is listed on the National Register of Historic Places and has been identified by the Seward Historic Preservation Commission,Planning and Zoning Commission,previous City Councils and the State of Alaska as a property that should be preserved and rehabilitated. The City of Seward acquired the Jesse Lee Home property through a foreclosure action in 2001 after previous private preservation efforts failed. The Friends of the Jesse Lee Home (FJLH) was formed to preserve the property as an education facility and has since worked to obtain funding for the rehabilitation and development of the Property and to develop a business model that can sustainably operate the property as an educational and residential/boarding school. The property was appraised by MacSwain Associates LLC in 2011 and the two parcels were valued at $470,000 for the raw land. The Kenai Peninsula Borough assesses the properties' value at$193,500. The City's cost basis in the property is $264,958 paid in back taxes and assessments, plus untallied administrative, maintenance, and risk control costs. FJLH has coordinated$33,125 in environmental studies, HAZMAT assessments and survey work that estimate the costs of HAZMAT abatement at $216,000. Actual costs may be more, and other costs would be necessary to make the property marketable for other uses. FJLH wishes to acquire, rehabilitate and develop the Property for use as a public educational and residential/boarding school. The Friends of the Jesse Lee Home intend to submit an application to the Kenai Peninsula Borough School District for a charter school.The Property requires significant physical improvements to be used for such purposes,and such uses also require that governmental permits and approvals be granted. The City recognizes that in its current state the property is more of a liability than an asset to the City, and that FJLH is uniquely situated as the most likely entity to bring the property back to a viable state that will restore the public purpose and maintain the historic significance of the property. FJLH has coordinated significant funding towards the project,has done considerable architectural and engineering work already, and now needs to gain site control before beginning the major work of restoration and development.Yet more funding is needed to complete the project;FJLH will exhaust all efforts to ensure the project succeeds but there is no guarantee that a source can be found or that the project will actually be completed.The Friends of the Jesse Lee Home and the City administration have negotiated the attached Purchase and Sale agreement that attempts to further the Friends'objecti ves and the City's desire to see the project succeed but at the same time ensure that if it does not,that the City 1 109 will at least take back ownership of a developable and sellable property. The agreement prioritizes the HAZMAT abatement and environmental cleanup work and provides a reasonable timeline to complete that work.The City receives no cash in this agreement,and this is a less than fair market value transaction. As consideration, the City accepts the $290,500 of planned improvements as described in the Purchase and Sale Agreement,at the timeline benchmarks therein,to he of good value and in the public's interest. Additionally, a reversionary clause endures with the project to ensure that if the property is used for any purpose other than that which the City accepts as a condition to the transaction (use as a public educational and residential boarding school), ownership goes back to the City. Development of the Property by the Buyer as an educational and residential/boarding facility will be a public benefit. The educational and residential/ boarding school will have a positive economic development impact for the community including short and long-term employment.The Friends of the Jesse Lee Home is uniquely situated and able to redevelop the Property. This Agreement is in the city's best interest to dispose of unused land and provide necessary site improvements to make the property an asset to the community and not a continuing liability. INTENT: To dispose of property at less than fair market value as described in the Resolution and Purchase and Sale Agreement. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (p. 9):Cultural Facilities - Options refurbishing the 1. Jesse Lee Home per Historic Structure Report; 3.9.1.2—Encourage the X recognition, rehabilitation and preservation of..historic structures... 2. Strategic Plan (document source here): X [3. Other(list): SPHC, P&Z and City Council Resolutions of support, X National Register of Historic Places listing FISCAL NOTE: No money changes hands in this transaction. The Friends of the Jesse Gee Home agrees to pay all closing costs and fees. The City has written off the costs to acquire the property in previous budgets. Transfer of ownership will reduce the City's liability for an attractive nuisance property. Ownership by a non-profit entity will maintain the tax-exempt status of the property. Approved by Finance Department: J4=4"4_1 ATTORNEY REVIEW: Yes X No— RECOMMENDATION- To authorize the City Manager to execute the Purchase Agreement for the property referenced as 15A and 15B, Jesse Ue Heights Subdivision Addition No. 4 according to Plat 89-18, Seward Recording District,Third Judicial District, State of Alaska with the Friends of the Jesse Lee Home as a less than fair market transaction in substantial form as described in the attached Purchase and Sale agreement to facilitate the use of the property as a public educational and residential/boarding facility. 110 7/28/2014 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement ("Agreement") is made as of July 28, 2014, between Friends of the Jesse Lee Home, an Alaska nonprofit corporation, recognized by the Internal Revenue Service under 26 U.S.C. § 501(c)(3) ("Buyer"), whose address is P.O. Box 737, Seward, Alaska 99604, and the City of Seward, an Alaska home rule municipal corporation, whose address is P.O. Box 167, Seward, Alaska 99604 ("Seller"). RECITALS WHEREAS, the Seller owns the Jesse Lee Home property ("Property," defined below) that is the subject of this Agreement; and WHEREAS, since 2005 the Buyer has been working pursuant to City of Seward Resolution 2005-01 and City of Seward Resolution 2005-83 to obtain funding for the rehabilitation and development of the Property as an educational and residential/ boarding facility; and WHEREAS, Buyer has already coordinated valuable improvements to the Property; and WHEREAS, the property was appraised by MacSwain Associates LLC. in 2011 and the two parcels were valued at$470,000 for the raw land; and WHEREAS, since repossessing the property in 2001 the City has paid $264,958 in back taxes and utility assessments, plus untallied administrative, maintenance and risk control costs; and WHEREAS, Buyer has agreed to coordinate additional improvements which will increase the long-term value of the site; and WHEREAS, the Buyer wishes to acquire, rehabilitate and develop the Property for use as a public educational and residential/boarding school; and WHEREAS, the Buyer intends to submit an application to the Kenai Peninsula Borough School District for a charter school; and WHEREAS, the Property requires significant physical improvements to be used for such purposes,and such uses also require that governmental permits and approvals be granted; and WHEREAS, development of the Property by the Buyer as a public educational and residential boarding school will be a public benefit; and WHEREAS, the educational and residential/ boarding school will have a net positive economic development impact for the community including short and long-term employment; and WHEREAS, Buyer is uniquely situated and able to redevelop the Property; and t I065-000-Ml07892:1 Seller Initial Buyer Initial Page l of 7 �1 111 7/28/2014 WHEREAS, it is in the city's best interest to dispose of these properties at less than fair market value in the manner described herein, transfer the risk and liability of the abandoned properties and the necessary site hazardous material cleanup and abatement to the Buyer. Now,therefore,Buyer and Seller agree as follows: 1. Purchase: and Sale: Subject to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase good and marketable title in fee simple, subject to reversion, of the following real property, including all improvements, fixtures, and appurtenances, described as follows (the "Property"): Lots 15A and 15B, Jesse Lee Heights Subdivision Addition No. 4 according to Plat 89-18, Seward Recording District, Third Judicial District, State of Alaska. 2. Consideration: The title of the property shall be transferred on August 29, 2014. There shall be a reversionary clause to transfer the property back to the City of Seward if the following improvements are not completed within a five (5) year term. The consideration for the transfer of the Property shall consist of previous studies necessary to evaluate the site plus site improvements (the "Work") to be performed by Buyer to the satisfaction of the seller, on, or before, the final date of the Due Diligence Period of August 30, 2019. The Work shall consist of the following: a. Hazmat Abatement (estimated at$216,000) b. 50% of Water Utilities: 270+/- feet 8" main @ $200 per foot and 2 hydrants (estimated at$74,000 X .5= $37,000) c. 50% of Sewer Utilities: 220+/- feet 6" main @ $150 per foot, 100+/- feet 4" main @ $125 per foot, 3SSMHs@ $10,000 each (estimated at $75,500 X .5 $37,750) Total estimated required future improvements: $290,750.00. In addition, Buyer has coordinated$33,125.51 for the Environmental Study, Hazmat Study, and survey work listed in Appendix A, for total consideration of$323,875.51. Upon substantial completion of all Work, the reversionary clause shall remain in effect so that the properties shall revert to the City of Seward if the above work is not completed finally or the properties are used for any other purpose than as a public education and residential boarding L065-OM-00 t 07892;l � I Seller Initial Buyer Initial Page 2 of 7 lZ 112 7/28/2014 facility, unless the City and Buyer mutually and in writing agree to allow other uses and not initiate reversion. 3. Closina: Consummation of the sale (the "Closing") shall take place at the offices of the Seller, or such other place as Seller and Buyer agree in writing. The Closing shall be completed on August , 2014, unless otherwise agreed by both parties. In the event this transaction is not closed within the above-described closing period, this Agreement shall terminate unless extended in writing by mutual agreement of the parties. Seller and Buyer shall cause the following to occur at Closing: a. A Quitclaim Deed with reversionary clause as described above, conveying the Property to Buyer, duly executed and acknowledged by Seller, shall be recorded in the Records of the Seward Recording District, Third Judicial District, State of Alaska. b. Buyer shall deliver to Seller a certification that the work will be completed no later than August 30, 2019, 4. Closing Costs: All Closing costs of the transaction, unless otherwise provided in this Agreement, shall be paid by Buyer. 5. Buyer's Representation and Warranties: The representations and warranties of Buyer in this paragraph are a material inducement for Seller to enter into this Agreement. Such representations and warranties shall survive the Closing. Buyer represents and warrants to the best of its knowledge: a. Buyer is being provided a sufficient opportunity to investigate the condition of the Property; Closing of this transaction shall constitute a certification that Buyer releases and holds harmless the Seller from all liability and legal claims, environmental or otherwise, whether known or may be discovered in the future, concerning or affecting title to the Property, any operation or activity on the Property or any condition now and hereafter existing on, in, or under the Property. b. Buyer is being provided a sufficient opportunity to become familiar with the deteriorated condition of improvements on the Property. Buyer acknowledges that it shall acquire the Property "AS IS" AND WITHOUT WARRANTY OF ANY TYPE OR NATURE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. 6. Conditions of Closing/Due Diligence: 11065-000-00107992 1 r Seller Initial Buyer Initial Page 3 of 7 1� 113 7/28/2014 a. This Agreement is subject to approval by the City Council for the City of Seward, following notice and a public hearing as required by the Seward City Code. b. After approval by the City Council, Buyer shall have until August 30, 2014 to perform Due Diligence (the "Due Diligence Period'), to investigate the condition of the Property and its suitability for Buyer's intended use, and to perform the Work that shall constitute the consideration for the acquisition of the Property. 1. If Buyer determines for any reason in its sole discretion during the Due Diligence Period that the Property does not meet its needs, Buyer may notify Seller in writing that it is terminating this Agreement and shall be released from all obligations under this Agreement except for ongoing indemnity obligations and any costs to the City associated with terminating the Agreement. 2. During the Due Diligence Period, Buyer and its agents may enter upon the Property and, at Buyer's expense, conduct soils tests, environmental assessments, traffic studies, feasibility of excavation permits, physical inspections and any other analyses or evaluations (hereafter collectively "Evaluations") that Buyer desires. Buyer also shall be granted consent, during the Due Diligence Period, to enter the Property and initiate, conduct, and complete the Work on the Property. 3. Buyer shall indemnify, defend and hold Seller harmless against any claims, costs, or liabilities related to or arising out of any Evaluations, Remediation or Work that Buyer performs during the Due Diligence Period. Buyer shall ensure that Buyer and all of its contractors and subcontractors maintain workers compensation insurance as required by law. 4. If, despite Buyer's reasonable efforts, Buyer has initiated the Work but not been able to complete the Work by the end of the Due Diligence Period, Buyer and Seller may confer to discuss and negotiate an extension to the Due Diligence Period, which may be reasonably necessary for the Buyer, making commercially reasonable efforts, to complete the Work. 7. Costs and Fees: If either party breaches any term of this Agreement,the breaching party agrees to pay the non-breaching party all actual and reasonable attorneys' fees and other costs and expenses incurred by the non-breaching party in enforcing this Agreement or preparing for legal or other proceedings, whether or not instituted. If any legal or other proceedings arc instituted, the party prevailing in any such proceeding shall be paid all of the aforementioned costs, expenses, and fees by the other party, and if any judgment is secured by such prevailing party, all such costs,expenses,and fees shall be included in such judgment. In the case of the Seller all monetary obligations hereunder are subject to appropriation. {I 106-L{)M-00107892:I I I � Seller Initial Buyer Initial Page 4 of 77 t 114 7/28/2014 8. Post-Closing A royais: After closing, Buyer will need to obtain certain governmental authorizations, permissions, and permits ("Approvals") in order to use the Property for its intended use as an educational and residential/boarding facility. The Approvals are anticipated to include but are not limited to the following: (1) construction permit(s); (2) replatting of the Property to vacate the Iot line between the two parcels; (3) rezoning of the Property to "Institutional"; and (4) approval of a conditional use permit. Seller agrees to cooperate reasonably with Buyer in processing applications for such Approvals, provided, however, that such cooperation shall not be construed as a warranty that any such Approval(s) will be granted or in any way as a waiver of any otherwise applicable City or Borough requirements, standards, or prohibitions. 9. Waiver: No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by Seller or Buyer of a breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 10. Assignment: This Agreement is binding on the heirs, successors, and assigns of the parties, but shall not be voluntarily assigned by either party without prior written consent of the other party, which consent shall not be unreasonably withheld. Buyer may pledge its interest in the property, subject to the reversionary interest,for the purpose of financing improvements of the existing structures. 11. Commissions: Each party represents and warrants to the other that it has not engaged the services of any broker, finder, or other person who would be entitled to any commission or fee in respect to the subject matter of this Agreement and each shall indemnify the other against any loss, cost, liability, or expense incurred by the other as a result of any claim asserted by any such broker, finder, or other person on the basis of any brokerage or similar arrangement or agreement made or alleged to have been made. 12. Notices: No notice, consent, approval, or other communication provided for herein or given in connection with this Agreement shall be given, made, delivered, or served unless it is in writing and delivered personally, sent by overnight courier, or sent by registered or certified United States mail, postage prepaid, with return receipt requested to: Seller: City of Seward P.O. Box 167 Seward, Alaska 99664 Buyer: Friends of the Jesse Lee Home 111065-000-00107892;11 Seller Initial Buyer Initial Page 5 of 7 15 115 7/28/2014 P.O. Box 737 Seward,Alaska 99664 Notices, consent, approvals, and communications given by mail shall be deemed delivered upon the earlier of three days after deposit in the United States mail in the manner provided above or immediately upon delivery to the respective addresses set forth above, if delivered personally or sent by overnight courier. 13. Entire Agreement: This document and its attachments contain the entire Agreement between the parties. It may not be modified except in writing and signed by all parties. 14. Surviving Covenants: The indemnification provisions of this Agreement shall survive the delivery of the Deed. 15. Time is of the Essence: Time is of the essence of this Agreement, 16. Exclusive Agreement: This Agreement shall constitute an exclusive arrangement between the parties. Seller shall not market, sell, negotiate for the sale of, or convey the Property to any other person, provided that Buyer has not delivered notice that it will not close due to an unsatisfied condition. 17. Controlling Law and Venue: This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the State of Alaska,and venue for actions between the parties arising out of or related to this Agreement shall be in the Alaska Superior Court, Third Judicial District, Anchorage, Alaska. SELLER: BUYER: The City of Seward Friends f theZJesseHo James Hunt,City Manager irsten Vesel, Executive Director/Project Date: Manager Date: J ATTEST: Seller Initial Buyer Initial Page 6 of 7 b 116 7/28/2014 Johanna Kinney, CMC, City Clerk II065-000.00107892 1 Seller Initial Buyer Initial Page 7iof? 1� 117 - + + - ��! 1g'4 MIR r, { a fi,ra Is .w E .y Eer �v�m:.rmr nwe..s,ey'srkirw.nrr,w.r �"'"•''w'"�� � � � � •��r""L"'�'.�.%'2ll�llVd�fFL�/d�JjgY�/� �� -Rorr-r..r� —_ i I # S E 4 fil R On � i 61 � . rs.3 h;•M°r J:prf.xPh _._w NA _.rr4L � I l; I v _�-. t,•:� �. .—s __rr. �.sa.Ir.aor r vya pO xv r l T� r V � iE �3 i I 118 Sponsored by: Oates CITY OF SEWARD, ALASKA f.. RESOLUTION 2008-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT A $1 MILLION STATE GRANT FOR THE IMMEDIATE STABILIZATION OF THE JESSE LEE HOME AND ADMINISTERING A PHASE 11 STRUCTURAL ENGINEERING REPORT FOR THE FRIENDS OF "THE JESSE LEE HOME WHEREAS, resolution 2005-66 recognized the Jesse Lee Home as a historical landmark for the State of Alaska and the City of Seward, and recognized the restoration of the Jesse Lee Home as a City priority, and directed the city manager or his designee to support the Historic Preservation Commission to develop relationships with private, state and federal organizations to further pursue the preservation and restoration of the Jesse Lee Home; and WHEREAS, resolution 2005-83 supported the use of the Jesse Lee Home as an educational institution and directed the city manager or his designee to support the Historic Preservation Commission to apply for a grant or grants intended to develop a feasibility study and continue to pursue relationships with private, state and federal organization's; and r� WHEREAS, the City of Seward approved resolution 2006-119 recognizing the Friends of the Jesse Lee Home (Friends) as a statewide interest group and project partner dedicated to the restoration of the Jesse Lee Home as a statewide leadership school; and WHEREAS, Resolution 2006-119 directed the city manager to support the Friends in seeking private grants and/or the funding for the Jesse Lee Home and support the Friends to assure the success of this partnership; and WHEREAS, in 2007, the Friends of the Jesse Lee Home secured a state grant of S 1 million for the purpose of immediate stabilization of the Jesse Lee Home; and WHEREAS, the State of Alaska has appropriated grant funds to the Department of Natural Resources totaling $1 million; and WHEREAS, the Friends have requested the City of Seward advertise, award and administer a contract to secure services from a professional to prepare the phase 11 engineering report; and 119 CITY OF SEWARD, ALASKA RESOLUTION 2008-034 Mid WHEREAS, this report will recommend appropriate strategies for the rehabilitation, development and management of the Home in a manner that recognized the Jesse Lee Home's historical significance; and WHEREAS, the report will help outline the most immediate structural needs, prioritize the highest priorities and provide recommendations for immediate stabilization to the Friends of the Jesse Lee Home and the City of Seward; and WHEREAS, the remaining funding will be used to stabilize the Jesse Lee Horne until additional funds are secured. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is authorized to accept a grant from the State of Alaska. Section 2. The city manager is authorized to accept grant funds totaling $1 million to the Jesse Lee Home Rehabilitation Fund account no. 271-2719-4680-0200. E z Section 3. The city manager is authorized to execute an RFP for a Phase H structures Mai report to help outline the most immediate structural needs, prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. 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 28th day of April, 2008. THE CITY OF SEWARD, ALASKA Y�J Clark Corbridge, Ma ..ri 120 cellar,V alc3arta,D unh�",gardaxsan, Carbndge AYES� Ambetg 4ES Smith ABSE�' Kane A�3g`f A}TI: 3 e Lew's lt,C Clerk, '�`*arrtrrst���r (City 5e 4++4 ............ .. Ci to .n y V ` �trT�*Nyti'f{*�fy'i. r 121 Council Agenda Statement . ., Meeting Date: April 28, 2008 �r Through: Phillip Oates, City Manager Agenda Item: Authorizing the city manager to accept a $1 Million grant from the Alaska Department of Natural Resources and authorizing the city manager to execute an RFP for a Phase II structures report to help outline the most immediate structural needs prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. BACKGROUND & JUSTIFICATION: The Friends of the Jesse Lee Home (Friends)are a statewide special interest group dedicated to the preservation of the Jesse Lee Home for a worthy sustainable end use. The Friends have embraced a leadership charter school as their preferred alternative use for the facility, and are actively lobbying for funds and seeking grants to fulfill their plans. The Jesse Lee I come buildings are national treasures. They are listed individually on the National Register of Historic Places. The National Trust for Historic Preservation found the buildings, their history and the proposed use to be compelling enough to award a nationally competitive pre- development grant. The Friends secured a$1 Million grant from the State of Alaska in 2007 and are expecting another$1 Million grant from the State of Alaska in 2008. The Friends have an active capital campaign where they are raising additional private and corporate funds; in addition to seeking grants and historic preservation tax credits to complete the end goal of fully restoring the property. The Friends propose to restore the facilities to their best and highest use, as a residential, statewide leadership charter school for high-school aged youth. Students from across the state will come to stay at the Jesse Lee Home to study with local day students in Alaska's only residential charter school, learning through competency-based educational techniques about leadership, democracy, sciences, mathematics, politics, technology and the humanities at the same time as they learn about what makes Alaska work: hands-on skills such as plumbing, welding, computer repair, home-building and healthcare. This leadership charter school will be a state of the art, innovative education model customized for our state's greatest needs. The Jesse Lee Home leadership charter school will provide a critical component of Alaska's education ensuring a secure future for our state. This charter school will not only instill leadership skills, it will also instill a sense of experiential learning and democratic education to specifically foster the future leaders of the State of Alaska. The goal is that upon graduation from the Jesse Lee program, these students will be technologically fluent, self-motivated, committed to lifelong leaming and have a strong sense of responsibility. They will then go back home and share their experiences with their communities. It is hoped that students will foster lifelong relationships with their Jesse Lee Horne peers. They will grow up to be leaders in their communities, able to address complex issues capably and empathetically across the traditional divides of race, gender and class. 112 Economic Benefits to the Community: The Jesse Lee Horne is physically located in Seward, Alaska. The Friends of the Jesse Lee Home (Friends)expect that students from the ten rural and urban school districts using the Re-Inventing Schools Coalition (RISC)approach will be interested in semester-long, cross-district cohorts. The Friends believe that students from across the state will compete for regional corporation scholarships to cover their room and board costs for semester or year-long stays. The Friends also believe that the home-school population of Seward is a potential day school cohort and is collaborating with the public high school to create a partnership effort in conjunction with the Kenai Peninsula school district. Charter schools are affecting community economic development (CED) in three major ways. First, there is growing evidence that an increasing number of community-based organizations are starting charter schools to expand their current services. Second, as neighborhood schools improve, families are less likely to trove once they have children. Finally,with respect to real estate development,charter schools often purchase or lease vacant, dilapidated buildings, long viewed as eyesores, and renovate them into state-of--the-art new schools and even community centers. Charter schools have a direct impact on community development as they help turn rundown, unused structures into renovated school buildings. Charter schools are generally welcome to communities and are positive additions to their neighborhoods. The Jesse Lee home is a cherished landmark and a fully restored facility will allow the community to treasure their historic landmark. Furthermore, the Jesse Lee Home will become the gem of the state, where Alaskan leaders teach students to become the future leaders of our great state. City of Seward Historical Support: In 2005,Resolution 2005-66 recognized the Jesse Lee Home as a historical landmark for the State of Alaska and the City of Seward, and recognized the restoration of the Jesse Lee Home as a City priority, and directed the city manager or his designee to support the Historic Preservation Commission to develop relationships with private, state and federal organizations to further pursue the preservation and restoration of the Jesse Lee Home. Again, in 2005, Resolution 2005-83 supported the use of the Jesse Lee Home as an educational institution and directed the city manager or his designee to support the Historic Preservation Commission to apply for a grant or grants intended to develop a feasibility study and continue to pursue relationships with private, state and federal organizations. In 2006, the City of Seward approved resolution 2006-119 recognizing the Friends of the Jesse Lee Home (Friends) as a statewide interest group and project partner dedicated to the restoration of the Jesse Lee Home as a statewide leadership school. Again, in 2006,Resolution 2006-119 directed the city manager to support the Friends in seeking private grants and/or the funding for the Jesse Lee Home and support the Friends to assure the success of this partnership. In 2007, the Friends of the Jesse Lee Home secured a state grant of$1Million for the purpose of immediate stabilizing of the Jesse Lee Home. The State of Alaska has appropriated grant funds to the Department of Natural Resources totaling $1 Million. The Friends of the Jesse Lee Home have created bylaws and articles of incorporation to create a non- profit,501(c)3. This status is still pending state approval. Until they receive this status, the Friends are not a legal entity and are not able to administer the$1 Million for a structures report or immediate 12;y i w � ti stabilization. Due to the fragile state of the Jesse Lee Home structures,the Friends are concerned that time is of the essence. The Friends would like to update the structures report that was administered by the City of Seward in 2003 to obtain a professional recommendation for the immediate stabilization of the structures and have asked the City of Seward to assist them in this effort. The Friends are able to provide administrative assistance to help facilitate the request for proposal and the City will not incur any costs other than some in-kind staff time. The Friends have requested the City of Seward advertise, award and administer a contract to secure services from a professional to prepare the phase 11 engineering report. The $1lMillion grant will cover all costs to the City. Attached is a Friends of the Jesse Lee Home Background summary report. for additional information about 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. FISCAL NOTE: There is no cost to the City of extending this contract other than some in-kind staff assistance. 0�1, RECOMMENDATION: Seward City Council approve Resolution 2008-.3A authorizing the city manager to accept a$1 Million grant from the Alaska Department of Natural Resources and authorizing the city manager to execute an RFP for a Phase H structures report to help outline the most immediate structural needs,prioritize the highest priorities and provide recommendations for immediate stabilization for the Friends of the Jesse Lee Home. r'� ", n tn4 Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2005-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER AND STAFF TO APPLY FOR A GRANT FROM "SAVE AMERICA'S TREASURES" IN ORDER TO STABILIZE AND PRESERVE THE JESSE LEE HOME WHEREAS, the Jesse Lee Home is one of Seward's nine properties listed on the National Register of Historic Places; and WHEREAS, the Jesse Lee Home is in dire need of stabilization and preservation; and WHEREAS, the "Save America's Treasures" grant program, which has funds available for restoring historic properties; and WHEREAS, in 2004 the City of Seward applied for a"Save America's Treasures" grant for the first time, which was not approved but encouragement was provided to reapply during the next grant cycle, and WHEREAS, the City Manager and staff are requesting Council authorization to apply for a grant from "Save America's Treasures"; and WHEREAS, this type of a grant requires a one hundred percent (100%) match which will be sought from the Rasmuson Foundation and other non-City sources; and WHEREAS, if matching sources are not obtained, the grant will not be used and the City will not incur any costs; and WHEREAS, the State of Alaska appropriated grant funds totaling $65,000 for a historic structure report for the Jesse Lee Home in 2002; and WHEREAS, the historic structure report was produced by ECIIHyer, Inc. in conjunction with the City of Seward Jesse Lee Home Advisory Board and was approved by Council Resolution 2003-57; and WHEREAS, the historic structure report can be used as a supporting document for applying for grant money for stabilization and rehabilitation of the structure; and WHEREAS, it is in the best interests of the community to stabilize and preserve the historic properties with which the City of Seward has been entrusted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 125 CITY OF SEWARD, ALASKA RESOLUTION 2005-01 Section 1. The City Manager and staff are authorized to apply for a grant from "Save America's Treasures" for the Jesse Lee Home. 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 l Oth day of January, 2005. THE CITY OF SEWARD, ALASKA Vanta Shafer, Ma or AYES: Dunham, Clark, Amberg, Shafer NOES: Valdatta ABSENT: Branson, Lorenz ABSTAIN: None ATTEST: Je Lewis, C C ,tlr2181lrse..' City Clerk O r-i `., ''s•• 4( (City Seal) •`" �e) T `> e� 4a 126 Council Agenda Statement Meeting Date: January 10, 2005 Through: Phil Shealy, City Manager From: Malcolm G. Brown, Planner Agenda Item: Council authorization to apply for a grant for the Jesse Lee Home from "Save America's Treasures" BACKGROUND & JUSTIFICATION: In 2002 the Alaska State Legislature appropriated $65,000 for the City of Seward for a historic structure report for the Jesse Lee Home, one of the nine properties in Seward which are on the National Register of Historic Places. The historic structure report was prepared by ECl/flyer, Inc., under the guidance provided through Council by the Jesse Lee Home Advisory Board, which was made up of citizens appointed by Council. The historic structure report was approved by Council Resolution 2003-53 in May of 2003. The report was then forwarded to the Department of Natural Resources (DNR) for presentation to the Legislature in order to obtain subsequent funding for structure stabilization and rehabilitation. Due to State revenue constraints, the State has not been able to provide funding for stabilization during this budget cycle. The Seward Historic Preservation Commission (SHPC) has learned that "Save America's Treasures" is a grant source for historic structures needing stabilization and preservation. The grants are administered by the National Park Service (NPS) in partnership with the National Endowment for the Humanities, the Institute of Museum and Library Services and the President's Committee on the Arts and the Humanities. The minimum grant request for historic property projects is $250,000 for the Federal share, the maximum grant request is $1 million dollars. The grants require a dollar-for-dollar non-Federal match, which can be cash, donated services or use of equipment. The intent is to communicate with the Rasmuson Foundation to see if they will be able to provide a match or locate another entity which can provide matching funds for this type of an activity. If the grant is received and no matches are found, the grant would not be used and the City would not incur any costs. When the City of Seward applied for a grant during the summer of 2004, the grant was not awarded, but a new grant cycle has begun. The grant applications must be received no later than February 1, 2005, and the grant applications must be approved by Council. Diane Kaplan is the President and CEO for the Rasmuson Foundation, and has been enthusiastic about the Jesse Lee Home's prospects for rehabilitation. Staff has kept her apprised of the 127 SHPC's ongoing efforts to publicize the need to rehabilitate the Jesse Lee Home. Staff appreciates the guidance she has given on grant procedures and contacts and also that she also stated that the Rasmuson Foundation is willing to entertain a proposal. It is also hoped that the Rasmuson Foundation might be able to find other sources to match this type of a grant, which is a service they commonly provide. The grant application will build on the structural stabilization recommendations in the historic structure report approved by Council in 2003 and will use the report's cost estimates. The long range goal after stabilization is to: rehabilitate the structure, find a long term user who will develop it in such a manner that it will still be recognized for its historical significance, and have a memorial for the Alaska flag, The portion used for the flag memorial would be a public resource available for ceremonies community events. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan (1990) X The Comprehensive Plan supports saving historic buildings. 2. Strategic Plan (1999) X The Strategic Plan encourages the recognition, rehabilitation and preservation of Historic Sites and Buildings. FISCAL NOTE: Applying for this grant will have no costs to the City other than the staff time. If the grant is received and a donor is not found to provide the match, the grant will not be used and the City will not incur any costs. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2005-01, authorizing the City Manager and staff to request a grant from "Save America's Treasures" for the Jesse Lee Home. 128 nF T DEPARTMENT OF COMMERCE,COMMUNITY,AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Designated Legislative Grant Program Grant Agreement Grant Agreement Number Vendor Numbet Amount of State Funds 19-RR-004 COS84266 $1,073,441.46 GAE Appropmdon Unit Lapse Date Projccr Tide Hazardous material removal and site remediation at 087821004 06/30/2021 the Jesse Lee Home for the fiscal years ending June 30,2019,June 30,2020,and une 30,2021 Grantee Department Contact Person Name Namt Ci %of Seward Robin Park Street/PO Box 'fide PO Box 167 Grants Administrator II Cit3/State/Zip Stteet POGO, Seward,Alaska 99664-0167 PO Box 110809 Contact Person City state/Zip Kristin Ercliin er,Finance Director Juneau,Alaska 99811 0809 Phone Fax Phone FIX 907-224-4064 907-224-4038 907-465 4731 907 465-4761 Email Email kerchin er()ci ofseward.nct robin. ark©alaska..ov AGREEMENT The Alaska Department of Commerce, Communit),and Economic Development,Division of Communiq and Regional Affairs (hereinafter'Department)and City of Seward(hereinafter'Grantec�agree as set forth herein. Section I.The Department shall pity the Grantee for the performance of the project work under the terms outlined in this Agreement. The amount of the payment is based upon project expenses incurred, which are atithocaed under this Agreement. In no event shall the payment exceed $1,073.441,46. Section II.The Grantee shall perform all of the work required b) this Agreement. Section III.The work to be performed under this Agreement begins]une 30.2018 and shall be completed no latter titan luxe 30_2021. Section IV,The Agreement consists of this page and die following: ATTACHMENTS Ah4ENDMENTS Attachment A: Scope of Work Any full} executed amendments to this Agreement 1. Project Description 2. Project Budget APPENDDi 3. Project Management Appendix A:State Laws and Regulations 4. Reporting Attachment B: Payment Method Attachment C: Standard Provisions Grantee Department Signature Signature Printed N c itl Panted Name and Tide cffre y B ' ,Into Ci ,Manager Pauletta Bourne,Grants Administrator III Date Date I DECEMBER 103, 2018 I Itceiewed bi Rei.62018 Designated LegislativeGinm,4g)rEniew Pogd 13 129 Attachment A Scope of Work 1. Project Description The purpose of taus FY2019 Designated Legislative Grant in the amount of $1,073,441.46 [Purmanl to the pimisions of 37.03.31 S AS Slahtle, Grails to Alin icipalilie.r SLA 2018, SB 142, Chioler 19,Swim 32, Page 41,and Line 13] is to provide funding to City of Seward for use towards Hazardous material removal and site remediation at the Jesse Lee Home for the fiscal years ending June 30, 2019,June 30, 2020, and June 30, 2021. The objective of this project is to mitigate the Jesse Lee Home structure which poses a significant attractive nuisance and a health hazard to the residential neighborhood. These funds will be used to remove, dispose and abate environmental hazards remaining on the property, including asbestos, underground fuel and/or other tanks, buildings, fencing and structures,and to respectfully remove salvageable wood and/or property features to build a memorial to the residents and staff of the facility. This project may include the following items: • Hazard abatement • Environmental hazardous waste disposal • Labor costs • Materials/supplies • Permits • Memorial construction Additional expenditures must be reasonable and relative to the project objective and may require pre approval by the department. No more than five percent (5°,o) of die total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent(10%) of die total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget Cost Category Total Project Costs Project Funds $1,073,441.46 Administration $0.00 Total Grant Funds $1,073,441.46 3. Project Management This project will be managed by the Grantee. Signatory authority for execution of the Grant Agreement and subsequent amendments is granted to die chief administrator. For grants appropriated to a municipality, the mayor is the chief administrator unless the municipality operates a managerial form of government; then the city manager/administrator acts as the chief administrator. For named recipients and unincorporated communities, the executive director or lughest ranking official will act as cluef administrator. Rev.&2018 Designated Legislative Grant Agreement Page 2 of 13 I The chief administrator may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via die Signatory Authority Form. The chief administrator also designates financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is linuted to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the Grant and any balance of funds under the Grant. It may also result in the Grantee being required to return such amounts to the State. If applicable under state law, grantees must be registered and in good standing with the Department of Commerce, Community and Economic Development's Division of Corporations, Business and Professional Licensing. 4. Reporting Tile Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form provided by the Department each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due thirty (30) days after the end of the month or quartet being reported.I7ie report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. 0 �t Rer.612018 Designated Legisladt a Grant Agreement Page 3 of 13 Attachment B Payment Method 1. Reimbursement Payment Upon receiving and approving a Grantee's Financial/Progress Report, the Department will reimburse the Grantee for expenditures paid during the reporting period, in accordance with this Grant Agreement. Tile Department will not reimburse without approved Financial/Progress Reports,prepared and submitted by the Grantee on the form provided by the Department. Before approving die financial/progress report for payment, die Department may require the Grantee to submit documentation of the costs reported(e.g.,copies of vendor billings/invoices and proof of payment,general ledger expenditure report). 2. Advance Payment In most instances, the Department will make payment to a Grantee on a cost reimbursable basis. If cost reimbursement significantly inhibits the Grantee's ability to implement the project, the Department may advance to the Grantee an amount not to exceed a projected thirty (30) day cash need, or twenty percent (20%) of the amount in Section I,whichever is less. Before the Department will issue an advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Advance Payment" form can be obtained from the Department electronically or in hard copy. All advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover die full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 3. Withholding of Ten Percent (10%) The Department may withhold ten percent(109/6) of die amount in Section I until the Department determines that the Grantee has satisfactorily completed the terms of this Grant Agreement, including all required reporting of the project. Rev.612018 Designated Legislative Grant Agreement Page 4 aj13 Attachment C Standard Provisions Article 1. Definition "Department" refers to the Department of Commerce, Community, and Economic Development with the State of Alaska. Article 2. Indemnification It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee, its successors and assigns, will protect, sage, and hold lharrnless the Department and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of die Grantee, its subcontractors, assigns, agents, contractors,licenses,invitees,employees,of any person whomever arising out of or in connection with any acts or activities authorized by taus Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department of the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of(a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity, provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. Article 4. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of die Grant Agreement, or to exercise any right based upon a breach thereof,or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under dus Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of die State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract,involving transactions related to die project and this Grant Agreement. Article 6. Reports The Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement,including the final close-out report, the costs and obligations incurred in connection therewith,and any other matters covered by this Grant Agreement. Rev.612018 Designated Legislative Gram Agreement Page 5 of 13 Article 7. Retention of Records The Grantee sliall retain financial and other records relating to the performance of this Grant Agreement for a period of si_x years from the date when the final financial status report is submitted to die Department, or until final resolution of any audit findings, claims, or litigation related to the grant. Article 8. Assignability The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or novation). Article 9. Financial Management and Accounting The Grantee sliall establish and maintain a financial management and accounting system that conform; to generally accepted accounting principles. Article 10. Program Income Program income earned during die award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to die use of award funds. Article 11. Amendments and Modifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as die Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of die Grant Agreement. Article 13. Obligations Regarding Third-Party Relationships 3 None of die Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or die State of Alaska and die subcontractor, any contract or any relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any Hurd party or parties of die undertaking of all or any part of the project described herein. Any subcontractor that is not die Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under die terms of the subcontracts. Ret.612018 Designated Legislative Grant Agreement Page 6 of 13 Article 14. Conflict of Interest No officer or employee of the Department;no member,officer,or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or]let tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract,subcontract,or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement, The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Article 15. Political Activity No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 16. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17, Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide techiical consultant, managerial, or other such services, other than actual solicitation,are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement Thus Grant .agreement may be terminated, in whole or in part, prior to die completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds.The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many*outstanding obligations as possible. The Department shall make funds available to die Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant .rkgrccment, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension—rafter notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination,and the effective date of the termination.Payments made to dhe Grantee or recoveries by die Department shall be in accordance with the legal rights and liabilities of the parties. Rev.&2018 Designated Legislative Grant Agreement Page 7 of 13 Article 20. Withdrawal of Funds P In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re-negotiate subject to those new funding limitations and conditions. A termination under thus article shall be implemented under the same conditions as a termination under Article 19 of this attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of grunt funds under this recovery provision sliall occur within thirty (30) days of demand. All remedies conferred on the Department by this agreement or any other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option. Article 22. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department,which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This "Disputes"clause does not preclude die consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. Article 23.Jurisdiction This Grant agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District,Juneau,Alaska. ' Article 24. Ownership of Project/Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under thus Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. Article 25. Site Control If the grant project involves the occupancy and use of real property, the Grantee assures that it has die legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of die building,structure or other improvement. Generally, the interest obtained should be for at least 20 years.A sufficient interest depends upon die nature of the project and the land status of the site. d Rev.612018 Designated Legislative Grant Agreement Page 8 of 13 Article 26. Insurance The Grantee is responsible for obtaining any necessary liability insurance and maintain in force at all times during the performance of this Grant.Agreement the insurance policies identified below. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under Alaska Statute AS 21. The Grantee shall require any contractor hired to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability Insurance. A. Workers' Compensation Insurance for all employees engaged in work under this Grant Agreement, coverage as required by AS 23.30.045, and;where applicable,any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones ,-Act requirements. B. Commercial General Liability Insurance covering all business premises and operations used by the Grantee in the performance of this project and Grant ,Agreement with coverage litnits not less than $300,000 combined single limit per occurrence and annual aggregates where applicable. C. Comprehensive Automobile Liability Insurance covering all vehicles used by the Grantee in the performance of this project and Grant _-Agreement with coverage limits not less than 5100,000 per person/$300,000 per occurrence bodily injury and$50,000.00 property damage. D. Professional Liability Insurance covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under$100,000 $100,000 per occurrence/annual aggregate Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of,Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than the amount of the entire project. Article 28. Governing law This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of thus project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the Federal,State,or Local governments have been obtained. Article 29. Budget Flexibility Notwithstanding the provisions of:Article 11, Attachment C, the Grantee may revise the project Budget in ,Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10'o) of the line item or $10,000,whichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existing budget he items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 30. Equal Employment Opportunity (EEO) The Grantee may not discriminate against any employee or applicant for employment because of race,religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out tie provisions of this paragraph. Re%.6,2018 Designated Legislative Grant Agreemeni Page 9 of 13 1 The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 31. Public Purposes Tile Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. If the Grantee is a non-municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, die Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non-profit corporation that dissolves, die assets and liabilities from the grant project arc to be distributed according to statutory law,AS 10.20.290-10.20.452. i Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other items acquired under this grant. Article 33. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Article 35. Severability If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without die invalid provision. Article 36. Performance The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this Grant Agreement. Rer.612018 Designated Legislative Grant Agreement Page 10 of 13 Article 37. Sovereign Immunity If the Grantee is an entity wluch possesses sovereign immunity,it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity's governing body,is herein incorporated into this Grant Agreement. Article 38. Audit Requirements The Grantee must comply with die audit requirements of the Alaska Administrative Code set forth in 2AAC45.010. AUDIT REQUIREMENTS. An entity that expends a cumulative or total, equal to the state single audit threshold during the fiscal year is required to have a state single audit. A copy of the most current 2AAC45.010 adopted regulations is available at the AIaska Department of Administration's State Single Audit website: http ! �dnh.;�l:hska.i;cvldof; ssalinc3ex.html. Current audit compliance supplements and guides specific to programs under AS 37.05.315 Grants to Nfunicipalities, AS 37.05.31 G Grants to Named Recipients, and AS 37.05.317 Grants to Unincorporated Communities can be found at 1ju ,:1 do_a3.L1aska._ov/doflssa/aii it Ruide_hrml. Article 39. Close-Out The Department will advise the Grantee to initiate closeout procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close-out and that die following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any unsettled third-party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. Tile Grantee's failure to submit a report will not preclude the Department from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in die event of die Grantee's failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations ap pear to have been carried out satisfactoril � pp � pp y or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services,programs,or activities. This section of die Act includes physical access to public facilities and requires that public entities must,if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with die ADA. Rev.6i2018 Designated Legislative Grant Agreement Page 11 of 13 Appendix A State Laws and Regulations and Permits Grantees are responsible for all applicable state laws, regulations and permits; including but not limited to the following list which most commonly affects Grantees. Municipality Public Facility Operations and Maintenance—AS 37.05.315(c) In accepting a grant under AS 37.05.315 for construction of a public facility, a municipality covenants with die State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance.This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by, the State at the time die grant is accepted if the repair or improvement for which die grant is made will not substantially increase die operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 1 gratit or earnings from a grant under AS 37.05.315 -37.05.317 may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do die same with respect to any legislative action but does not include die provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or Iegislative committee. Hiring Preferences—AS 36.10 This chapter of the ,Alaska Statutes applies to grants for public works projects and requires compliance with die hiring preferences under AS 36.10.150-- 36.10.175 for employment generated by the grant. Historic Preservation Act—AS 41.35 This chapter of die Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of die State, or by a private person under contract with or licensed by the State or a governmental agency of die State. The Department of Natural Resources must be notified if die construction is planned for an archaeological site. The Department of Natural Resources may stop tie construction to deternwhe die extent of the historic, prehistoric, or archaeological values. Fire Protection--AS 18.70 Tlis chapter of die Alaska Statutes requires die Alaska Department of Public Safety (die State Fire Alarshal) to adopt regulations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety* criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. Rev.61 018 Designated Legislative Grant Agreement Page 12 of 13 Procurement Preference for State Agricultural and Fisheries Products—AS 29.71.040 This chapter of the Alaska Statutes applies to municipalities that use state funds to purchase agricultural and fisheries products. The law requires: I- When agricultural products are purchased,only such products harvested in the state shall be purchased whenever priced no more than seven percent above products harvested outside the state, and of like quality compared-,vitli agricultural products harvested outside the state. 2. When fisheries products are purchased, only fisheries products harvested or processed within the jurisdiction of the state shall be purchased whenever priced no more than seven percent above products harvested or processed outside the jurisdiction of the state,available,and of like quality compared with fisheries products harvested or processed outside the jurisdiction of the state. Alaska Product Preferences—AS 36.15 This chapter of the Alaska Statutes applies to projects financed by state money in which the use of timber, lumber,and manufactured lumber products is required,only timber,lumber and manufactured lumber projects originating in this state from local forests shall be used wherever practicable. The law requires the insertion of this clause in calls for bids and in all contracts awarded. Permits and Environmental Procedures The Alaska Department of Environmental Conservation (ADBC) regulates all activities in Alaska that might pollute the air, water or soil. There are dozens of ADEC permits related to constructing and operating public buildings. The law requires the following permits, including odhers designated by the commissioner. The following fist is not intended to be all-inclusive. • Air Emissions Permit • Permit to Appropriate Water • Anadromous Fish Protection Permit • Pesticides Permit • Authorization for Tidelands • Preferred Use Permit Transportation • Right-of-Way and Easement Permits • Brine or Other Salt Water Waste • Solid Waste Disposal Disposal Permit • Special Land Use Permit • Burning Permit during Fire Season • State Game Refuge Land Permit • Coal Development Permit • State Park Incompatible Use Permit • Critical Habitat Area Permit • Surface Oiling Pernut • Dam Construction Permit • Surface Use Permit • Driveway Permit • Tide and Submerged Lands Prospecting • Encroachment Permit Permit • Miscellaneous State Land Use Permit • Tidelands Permit • Mineral and Geothermal Prospecting • Tidelands Right-of-Way or Easement Permit Permits • Utility Permit • Occupied Tide and Submerged Land • Waste Water Disposal Permit • Open Burning Permit • Water Well Permit • Permit for Use of Timber or Materials Rev. 612018 Designated Legislative Grant Agrcement Page 13 of 13 Sponsored by: Mayor Terry Introduction Date: January 11, 2021 Public Hearing Date: January 25, 2021 Enactment Date: January 25, 2021 CITY OF SEWARD,ALASKA ORDINANCE 2021-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE CHAPTER 5.05 — BUDGET TO CREATE A MORE TIMELY, ROBUST, AND PUBLICLY-INVOLVED BUDGET PROCESS WHEREAS, in 2010, the City of Seward transitioned to having a biennial budget; and WHEREAS, the budget process is one of the key events the City conducts during which the public's involvement is critical; and WHEREAS, good public participation practices help governments, in general, to be more accountable and responsive to their communities, and also help to improve the public's perception of governmental performance and the value the public receives from their government; and WHEREAS, the budget, as an instrument, should accomplish all of the following: • weighs policy priorities against available public resources • specifies the ways and means of providing public programs and services • establishes the cost of programs and the criteria by which these programs will be evaluated for efficiency and effectiveness • ensures that programs will be evaluated at least once each budget cycle • redistributes income • provides the government with a spending limitation; and, • provides transparency by which the government may be held accountable at the end of each budget cycle; and WHEREAS, developing the budget is more than just number crunching — the budget is a reflection of the community's strategic plan, and should consider the needs and priorities of all stakeholders, from citizens and business leaders to employees and government officials; and WHEREAS, developing a more timely, robust and transparent budget process will improve the City's credibility and trust within the community. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: (Deletions are , and4ahe Additions are italicized, underlined, and bolded.) 142 CITY OF SEWARD, ALASKA ORDINANCE 2021-001 Section 1. Seward City Code Chapter 5.01 — Fiscal Year is hereby amended to read as follows: 5.01.010. - Fiscal year. The fiseffl:year of the eity shag begin off My 1 of effeh :Year-. Begifffibig "if Hary , 2000; The fiscal year of the city shall begin on January 1 of each year. Section 2. Seward City Code Chapter 5.05 — Budget is hereby amended to read as follows: S.OS.005—Budget assumptions. (a) The City of Seward operates on a traditional biennial budget beginning on January I"and ending on December 31"of each odd year. (b) By the first Friday in September of each even year the city manager shall present to the council an overview of preliminary budget assumptions for a budget period containing the next two fiscal years. These preliminary budget assumptions will address, by fund, revenue proiections, tax and utility rates, program additions or deletions, wages and benefits, and anv other issues having potential effects upon the City's overall financial condition. 5.05.010.—Budget proposal. Vubmission; e ten . (a) The city manager shall present to the council a budget proposal for the next two fiscal years of the city at least 45 days prior to the next biennial fiscal year. Such budget proposal shall set forth the city manager's recommended tax rate based on an analysis of the anticipated income and expenditures of the city for the next two fiscal years. (b) The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. (c) Unencumbered funds remaining at the end of each fiscal year may be reallocated for purposes set forth in the budget proposal. (d) Sir year program for capital improvements. (1) The city manager shall submit a six year program for capital improvements for the following six fiscal years with each budget proposal. The program shall include estimates of the effect of capital improvement proiects on maintenance, operation, and personnel costs. (2) The proposed capital budget will be presented by the city manager as a separate section of the biennial budget. The capital budget shall show expenditures during the ensuing budget period, detailed by offices, departments and agencies, when practicable, and the proposed method of financing each such capital expenditure. (e) The council shall by June 15 of each year present to the borough assembly a statement of the city's rate of levy, unless a different date is agreed upon by the borough and city. 143 CITY OF SEWARD, ALASKA ORDINANCE 2021-001 5.05.015. -Review; hearing; adoption. (a) Review. The budget proposal of the city manager shall be reviewed by the council and shall be available for public inspection in the office of the city clerk. Except as provided by SCC 2.92.090, or by other provisions of city, state, or federal law, the public shall be given full, free, and unrestricted access to all municipal documents and records, including drafts, Prepared by or for the city or city council in connection with annual operating and capital budgets. Public access to budget preparation materials shall not be restricted or denied by any city official or employee on the basis of any claim of executive or deliberative process privilege. (b) Hearing. Council shall direct that u at least two public hearings on the biennial budget proposal, the first public hearing shall be held no sooner than fourteen (14) days after the budget is presented to council. The second public hearing shall be held not less than one week before its final adoption. Notice of the public hearings shall be published in a newspaper by the city clerk at least one week prior to the date of each hearing. (c)Adoption. At a regular meeting held not less than ten days prior to the end of the even fiscal year, the council shall, by resolution, adopt a budget for the next two fiscal years and make appropriation of the money needed therefore. If the council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, the budget proposal as presented to the council by the city manager shall be deemed to be the budget for that fiscal year and shall be held to make an appropriation therefor without any further council action. e0fliflieneement of the nex4fiseal year-, it be held to am Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 25th day of January, 2021. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: 144 Agenda Statement Meeting Date: January 11, 2021 ' To: City Council f' From: Mayor Terry Agenda Item: Ordinance 2020-001, Amending Portions Of Seward City Code Chapter 5.05 Budget To Create A More Timely, Robust, And Publicly-Involved Budget Process BACKGROUND &JUSTIFICATION: In 2010,the City of Seward transitioned to having a biennial budget.The budget process is complex and involved,and should not be an expedited process; rather,it should be conducted incrementally and progressively to ensure adequate input from all parties. It is critically important that the public be involved in the process,that the review and development of the budget be transparent,and that the members of the city council have the utmost confidence in their understanding of all components of the budget when voting to approve it.Establishing a more predictable schedule and clarifying expectations for everyone will facilitate the process and result in a more satisfactory outcome. INTENT: To develop a more timely,robust and transparent budget process will improve the City's credibility and trust within the community. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x 3. 10ther(list): Seward Charter x FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department: 145 ATTORNEY REVIEW: Yes � Not Applicable Edits from City Attorney have been included in the Ordinance being presented. RECOMMENDATION: Enact Ordinance 2020-001 146 Seward Charter Chapter 6. - Budget Procedure and General Finance Provisions 6.1. -Fiscal year. The fiscal year of the city shall be set by City Code. 6.2. -Budget statement of city manager. During or prior to the third week in November of every even year, the city manager shall present to the council a budget proposal for the next two years (an odd and even year) of the city. Such budget proposal shall set forth the city managers recommendations concerning, and an analysis of, the anticipated income and expenditures of the city during the next two years, and shall be presented to the council within 45 days of the end of the "even year" fiscal year. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. Unencumbered funds remaining at the end of the first year may be reallocated for purposes set forth in the budget proposal. 6.3. -Budget adoption procedure. (a) The budget proposal of the city manager shall be reviewed by the council and shall be available for public inspection in the office of the city clerk. (b) The council shall direct that a public hearing on the budget proposal shall be held not less than one week before its final adoption. A notice of the public hearing shall be published in a newspaper by the city clerk at least one week prior to the date of hearing. (c) At a regular meeting held not less than ten days prior to the end of the "even year" fiscal year, the council shall, by resolution, adopt a budget for the following two years and make an appropriation of the money needed therefor. (d) If the council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, the budget proposal as presented to the council by the city manager shall be deemed to be the budget for that fiscal year and shall be held to make an appropriation therefor without any further council action. 6.4. -Budget control. (a) Unencumbered appropriation balances may be transferred as provided in the Code and in accordance with generally accepted governmental accounting practices. (b) The city manager shall submit periodically to the council information comparing estimated and actual revenues and expenditures to the end of the preceding month. 6.5. -Withdrawal of funds. (a) All funds drawn from the treasury shall be drawn pursuant to the authority and appropriation of the council. 6.6-Independent audit. An independent audit shall be made of all accounts of the city at least annually, and more frequently if deemed necessary by the council. The annual audit shall be made by certified public accountants employed by the council and shall be completed within one hundred twenty days following the close of the fiscal year. The comprehensive annual financial report shall be presented to the council at a public meeting within thirty days after completion of the audit. 147 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2021-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY2021 SHARED FISHERIES BUSINESS TAX PROGRAM, AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY2021 Shared Fisheries Business Tax Program ("Program"), the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality experienced significant effects during calendar year 2020 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, the Program provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Seward, Alaska proposes to use an alternative allocation method for allocating FY2021 funding available within the FMA 14: Cook Inlet Fisheries Management Area, in agreement with all other municipalities in the area participating in the FY2021 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Council certifies that the City of Seward did experience significant effects during calendar year 2020 from fisheries business activities that occurred within the Cook Inlet fisheries management area, and seeks to apply for funding under the FY2021 Shared Fisheries Business Tax Program. 148 CITY OF SEWARD,ALASKA RESOLUTION 2021-001 Section 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent(50%) divided equally and fifty percent(50%) divided on a per capita basis. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of January, 2021. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 149 AGENDA STATEMENT Meeting Date: January 11, 2021 • Through: Norm Regis,Interim City Manager r From: Sam Hickok,Acting Finance Director Agenda Item: 2021 Shared Fisheries Business Tax and Landing Tax Program BACKGROUND&JUSTIFICATION: The City of Seward is required to apply to the State of Alaska Department of Community and Economic Development (DCED) each year, to qualify for funding under the State's Shared Fisheries Business Tax Program and the State Landing Tax Allocation. The purpose of the program is to provide for a sharing of state fish tax collected outside municipal boundaries,with municipalities that have been affected by fishing industry activities. This program is different from the state fish tax sharing program which shares fish tax revenues collected inside municipal boundaries. This is the 28th year of this program, and municipalities across the state will share tax revenues from 2019 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that funding be allocated first to fisheries management areas across the state based on the level of fish and shellfish processed in each area, compared to the total fish and shellfish processed for the whole state. Then, funds are allocated among the municipalities Iocated within each fisheries management area, based on the relative level of impacts experienced by each municipality. Seward is located in the Cook Inlet Fisheries Management Area, which includes twelve communities: Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Soldotna, Seward, Matsu Borough, Houston, Palmer and Wasilla. The final deadline for submitting application for the FY2021 Shared Fisheries Business Tax and Landing Tax Program is February 16, 2021. The long-form application provides for a "standard" and an "alternative" method of funding allocation. The City of Seward will file under the alternative method. Standard Method: Under this method, each municipality must determine and document the cost of fisheries business impacts experienced by the community in 2019. Once the impacts have been established for each of the municipalities, the DCED will calculate the allocation for each municipality using the following formula: One-half of the available funding is divided among participating municipalities on the basis of the relative dollar amount of impact in each community. The other half of the available funding is divided among municipalities based on the relative dollar amount of impact per capita in each community. Alternative Method: Alternative allocation methods may be proposed by the municipalities within the area. DCED will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing industry on the respective municipalities in the area. The short-form method allocates the available funds by sharing 50% of the funds equally among the participating municipalities, and allocating the remaining 50% on a per-capita basis. The information 150 required by the long-form application would be difficult and time-consuming to obtain. Therefore, it is proposed that municipalities in our area use the alternative method and that we further agree that the allocation method be the same method used in the short form allocation. Given the small amount of additional funding that the City might gain by utilizing the standard method, compared to the additional time required to complete the application, it is our recommendation that the city of Seward agree to use the alternative method and agree that 50% of the funds will be allocated equally among the participating municipalities, and the remaining 50% allocated on a per-capita basis. This will be the eighteenth consecutive year of using this method. INTENT: The intent of this action is to authorize the City to participate in the Alternative Method of computing Shared Fisheries Business Tax. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): X ATTORNEY REVIEW: Yes XNo FISCAL NOTE: Using this same allocation method, Seward expects to receive approximately $369.52 in Shared Fisheries Business Tax Allocation,a decrease from FY2020 allocation of$351,03. Approved by Finance Department: _ 1 RECOMMENDATION: Council approve Resolution 2021-001adopting an alternative method for the FY2021 Shared Fisheries Business Tax Program, and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area and authorize the city manager to apply for funds from the Shared Fisheries Business Tax Program. 151 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2021-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,RETROACTIVELY AUTHORIZING THE CITY MANAGER TO APPROVE EMERGENCY REPAIRS FOR THE LOWELL POINT WASTEWATER TREATMENT FACILITY TO DRAIN MASTERS,INC.IN AN AMOUNT NOT TO EXCEED $70,660,AND APPROPRIATING FUNDS WHEREAS,Seward's Lowell Point Wastewater Treatment Facility operates using air blown through piping structures throughout the aeration basin; and WHEREAS, one of the underground air supply lines broke in October, 2020; and WHEREAS,it was essential that the air supply line was repaired,and the city manager took emergency action to make the repairs happen; and WHEREAS,Drain Masters, Inc. quickly provided quotes for the repair costs and installed approximately 95 feet of 6-inch HDPE CIPP(cured in place pipe)liner,and epoxy resin coated other air supply pipes to seal lines and prevent air loss; and WHEREAS, funding for these repairs was available in the City of Seward Wastewater Enterprise Fund. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section t. It was in the public's best interest for the city manager to act quickly to make the necessary emergency repairs for the Lowell Point Wastewater Treatment Facility, and to engage Drain Masters, Inc. to perform the work. Section 2. The City Council hereby retroactively authorizes the city manager to approve the emergency repair orders with Drain Masters, Inc. for the installation of cured in place pipe (CIPP) lining for$28,570,and epoxy resin coating of air supply piping for$42,090,for a total amount not to exceed $70,660. Section 3. Funding in the amount of$70,660 is hereby appropriated from the Wastewater Enterprise Fund reserves account no. 18000-0000-3400 to contracted services account no. 18000- 4500-7009. Section 4. This resolution shall take effect immediately upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11`h 152 Agenda Statement Meeting Date: January 11, 2021 a '1 To: City Council Through: Acting City Manager, Norm Regis From: Doug Schoessler, Public Works Director Agenda Item: Emergency Repairs at the Lowell Point Wastewater Treatment Facility BACKGROUND & USTIFICATION: Seward's Lowell Point Wastewater Treatment Facility operates utilizing air blown through piping structures throughout the aeration basin. Unfortunately, one of the underground air supply lines broke in October 2020. It is essential that the air supply line is repaired. Drain Masters,Inc has provided the necessary repair estimates to complete this project and return the sewage treatment facility back to normal operation. The cost of the emergency repairs is: $28,570.00 for the installation of the cured in place pipe lining and seal, and$42,090.00 for epoxy resin coat pipe system repairs. The total for the pipe repairs is $70,660.00. INTENT: The intent of this resolution is to authorize the Acting City Manager to approve work orders with Drain Masters,Inc. for the installation of cured in place pipe lining for$28,570.00,and epoxy resin coat pipe Ining and seal for$42,090.00, for a total order sum not to exceed$70,660.00. CONSISTENCY CHECKLIST: Yes No NIA --, 1.TCOMprehensive Plan (document source here): 11.13.5 X 2. Strategic Plan (document source here): X 3. Other(fist): Lowell Point Wastewater Facility Operations and X Maintenance Plan. FISCAL NOTE: Funding for these repairs come from the Wastewater Enterprise Fund reserves account to contracted services account no. 18000-4500-7009. Approved by Finance Department: - 1 JAY- 153 ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: For City Council to authorize these work orders with Drain Masters, Inc. for the Lowell Point Wastewater Treatment Facility emergency repairs. 1 154 12/28/2020 Portal OM N Sewage Lagoon Air Supply line #246 $28,570.00 Your Price Accepted Summary Install approx. 95' of 6" HDPE CIPP (cured in place pipe) liner to attempt to seal line 246 and prevent air loss. This will stop short of the connection for line #2. CIPP4inu50 Your Price $14,800.00 We will use our trenchless technologies to install up to 50 ft. of 6 inch CIPP liner from the existing access point downstream. This new CIPP liner will not corrode or deteriorate. It will be a smooth, seamless... View More CIPP4inA25(Qty: 2) Your Price $9,400.00 i Additional CIPP Liner installed up to 25 ft. l 155 https:/Iestimate.myservicetitan.com/estimate/01 PEMnVOPeCMoY2ogcOMovdUUjpns114086686 112 12/28/2020 Portal L IN6€n( y: 95) Your Pr;ce 6 inch CIPP (cured in place pipe) liner material. This includes the calibration tube, epoxy resin and hardener necessary for installation. Su biota l $28,570.00 lax $0.00 Foie! $28,5 i0.00 156 https:Hestimate.myservicetitan.com/estimate/01 PEMnVQPeCMoY2ogcOMovdUUjpns/14086686 212 12/28/2020 Portal DNA ,M MAiTH1i Sewage Lagoon Air supply lines $422090.00 #78% #101 Your Price Summary We will attempt to epoxy resin coat pipe 789, due to the pipe transitioning from 8" down to 3" and the hard 90 degree fitting at the size transition we could not inspect beyond.We believe we can get through this with our other camera and epoxy coating system. We will not know for sure till back on... CIPP4inU50 Your Price $14,800.00 Line 789 We will use our trenchless technologies to install up to 50 ft. of 6/3 inch epoxy resin coating from the existing access point downstream.... View More CI PP4inA25 Your Price $4,700.00 Line 789 Additional CIPP Liner installed up to 25 ft. 157 https:]/estimate.myservicatitan.com/estimate/01 RuYJOzxFJYd-xAtJOlgbz3MeA21114139428 114 12/28/2020 Portal CIPP4in50 Your Price Line#10 We will use our trenchtess technologies to install up to 50 ft. of 3 inch epoxy resin coating from the existing access point downstream. ... View More CIPP4inA25 Your Price 4,700.00 line#10 Additional CIPP Liner installed up to 25 ft. LIN6in( ty. 35) Your Price 1,610.00 6 inch CIPP (cured in place pipe) liner material. This includes the calibration tube, epoxy resin and hardener necessary for installation. 158 https:llestimate.myservicetitan.com/estimate/01 RuYJOzxFJYd-xAtJ4lgbz3MeA21114139428 214 12/28/2020 Portal LIN31n(Qty: 35) Your Price $1,260.00 3 inch CIPP (cured in place pipe) liner material. This includes the calibration tube, epoxy resin and hardener necessary for installation. LIN3in(Qty: 70) Your Price $2,520.00 3 inch CIPP (cured in place pipe) liner material. This includes the calibration tube, epoxy resin and hardener necessary for installation. Subtotal $42,090.00 Tax $0.00 Total $42,090.00 159 https://estimate.myservicetitan.com/estimate/01 RuYJOzxFJYd-xAtJOlgbz3MeA21114139428 3/4 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2021-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE PROPOSED CLASSIFICATION & COMPENSATION STUDY AND IMPLEMENTATION PLAN COMPLETED BY GOVHR USA,LLC,AND APPROPRIATING FUNDS WHEREAS, the City identified the need for a compensation study in order to align employee wages with current market rates in the state; and WHEREAS, City Council authorized the city manager to enter into a contract with GovHR USA to review and update the City's Classification and Compensation Plan per Resolution 2019-046; and WHEREAS, GovHR collected Job Analysis Questionnaires from all City employees and interviewed employees based on responses; and WHEREAS, GovHR met with department heads to review questionnaires and job descriptions; and WHEREAS, GovHR collected data from Alaskan communities and compared wages and paid time off(PTO) for similar positions; and WHEREAS, GovHR scored positions based on employee responses, department head reviews, and community data to place positions in a more competitive range; and WHEREAS, administration negotiated with the Seward Public Employees Association (SPEA)to come to an agreement regarding GovHR's results; and WHEREAS, SPEA voted and ratified the new compensation plan and PTO allotments on December 23, 2020; and WHEREAS,the total amount to implement the plan is $415,827.41. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The results of the classification and compensation study are hereby adopted and employees' wages are adjusted accordingly based on the implementation plan. Section 2. Funding in the amount of $322,282.28 is hereby appropriated from General Fund reserves account no. 01000-0000-3400 to salary & benefits accounts numbers (based on departments) 01000-xxxx-6xxx. 160 CITY OF SEWARD,ALASKA RESOLUTION 2021-004 Section 3. Funding in the amount of $75,394.30 is hereby appropriated from Harbor Fund reserves account no. 11000-0000-3400 to salary & benefits accounts numbers 11000-2000- 6xxx. Section 4. Funding in the amount of$4,098.08 is hereby appropriated from Electric Fund reserves account no. 15000-0000-3400 to salary &benefits accounts numbers 15000-3000-6xxx. Section 5. Funding in the amount of $6,883.08 is hereby appropriated from Water Fund reserves account no. 17000-0000-3400 to salary &benefits accounts numbers 17000-4000-6xxx. Section 6. Funding in the amount of $7,169.67 is hereby appropriated from Wastewater Fund reserves account no. 18000-0000-3400 to salary & benefits accounts numbers 18000-4500- 6xxx. Section 7. Implementation of Year One adjustments shall take effect the first pay period following adoption of this resolution. Section 8. This resolution, including implementation of the new pay scale, shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11�' day of January, 2021. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 161 AGENDA STATEMENT Meeting Date: January 11, 2021 Through: Norm Regis, Interim City Manager From: Sam Hickok, Acting Finance Director Agenda Item: Accept the proposed classification and compensation study completed by GOVHR USA LLC and implementation plan, and appropriating funds. BACKGROUND & JUSTIFICATION: The City identified the need for a compensation study in order to align City employees' wages with the current state market rates. After City Council authorized the city manager to enter into a contract with GovHR to review and update the City's Classification and Compensation Plan per RES 2019-046, GovHR thoroughly researched how Seward's wages compare to other communities in the state. GovHR collected Job Analysis Questionnaires from all City employees, conducted employee and department head interviews, and collected data from other Alaskan communities to compare wages for similar positions. GovHR scored positions based on employee responses, department head reviews, and community data to place positions in a more competitive range. Administration negotiated with the Seward Public Employees Association (SPEA) to come to an agreement regarding GovHR's results. Part of negotiations added two additional tiers of the annual leave accrual to include personnel with 10-14 years of service at 303.33 hours per year and 15+years of service at 347.1 hours per year. The current accrual in SCC 3.45.015(a) caps the accrual rate at 6+years of service at 240 hours per year. Upon passage of this resolution, Administration will bring forward the appropriate code change to account for this annual leave adjustment. The SPEA voted and ratified the new compensation plan and annual leave schedule at their December 23, 2020 meeting. INTENT: The intent of this action is to accept the proposed classification and compensation study by GovHR to adjust employee wages. CONSISTENCY CHECKLIST: Yes No NIA 1. 1 Comprehensive Plan (document source here): X 162 2. Strategic Plan (docuinent source here): X 3. 1 Other(list): X ATTORNEY REVIEW: -Yes vX-------_No FISCAL NOTE: Funding for this compensation and PTO adjustment will come from reserves of each fund based on number of employees in that fund. Future budgets will include adjusted wages and benefits. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2021::004 allowing the city manager to accept the proposed classification and compensation study completed by GovHR USA LLC and implementation plan. 163 Table 1 Proposed Increase in Annual Wages $252,416.00 Benefit Rate PERS 22.00% $ 55,531.52 Medicare 1.45% $ 3,660.03 Workers Comp 8.04% $ 20,294.25 Annual Leave $ 83,924.61 Benefit Estimate $163,410.41 Wage Estimate $252,416.00 Total Cost Wages+Benefits $415,826.41 PERS Medicare Workers Comp Annual Leave Wages Total Per Fund General Fund $44,696.10 $ 2,945.88 $ 16,334.39 $ 56,498.91 $201,807.00 $ 322,282.28 Harbor Fund $ 7,449.35 $ 490.98 $ 2,722.40 $ 20,143.57 $ 44,588.00 $ 75,394.30 Electric Fund $ 677.21 $ 44.63 $ 247.49 $ 76.74 $ 3,052.00 $ 4,098.08 Water Fund $ 1,354.43 $ 89.27 $ 494.98 $ 3,459.40 $ 1,485.00 $ 6,883.08 Wastewater Fund $ 1,354.43 $ 89.27 $ 494.98 $ 3,745.99 $ 1,485.00 $ 7,169.67 $55,531.52 $ 3,660.03 $ 20,294.25 $ 83,924.61 $252,416.00 $ 415,826.41 164 Seward,AK Table 2 Comprehensive Table New Salary Current New JFA FY2020 Range 50th Cost to Position Title or Current Annual Grade Total SalaryPercentile Implement Salary Directors and Senior Managers Chief of Police 13 745 115,065 86,961 121,745 - Finance Director 745 - - - Fire Chief 740 88,628 88,628 - Assistant City Manager 735 88,629 88,629 - Harbormaster 12 715 101,192 101,192 80,894 113,251 - Utility Director 710 - - - MIS Director 705 80,894 80,288 606 Director of Public Works 700 100,265 100,256 - Director of Community Development 695 80,894 79,601 1,293 Deputy Finance Director 695 80,894 70,970 9,924 Deputy Police Chief 690 96,845 96,845 - Deputy Fire Chief 690 62,733 62,733 18,161 Operations Supervisor 11 685 - - 75,250 105,350 - Parks & Recreation Director 680 88,317 88,317 - Deputy Harbormaster 675 75,250 70,970 4,280 Planner 660 - - - Patrol Sergeant 10 650 83,138 83,138 70,000 98,000 - Library Director 635 78,312 78,312 - Supervisors and Advanced Technical Human Resources Officer 9 959 71,455 51,480 65,885 89,326 19,975 Senior Computer Technician 585 71,455 67,558 3,897 Building Inspector 580 88,628 88,628 - Building/Fire Inspector 580 65,885 56,805 9,080 Corporal 580 81,370 81,370 - Street Foreman 8 560 69,037 55,432 59,895 81,206 13,605 Harbor Worker III 555 64,959 64,293 666 Parks and Camps Operations Supervisor 555 59,895 54,080 5,815 Water/Wastewater Foreman 555 72,738 72,738 - Accounting Supervisor 545 65,915 65,915 - MIS Tech 540 62,367 54,080 8,287 Shop Foreman 560 69,037 68,557 480 Patrol Officer 540 79,622 79,622 - PatrolOfficer 540 60,611 60,611 - PatrolOfficer 540 79,622 79,622 - PatrolOfficer 540 70,096 70,096 - PatrolOfficer 540 70,096 71096 165 Seward,AK Table 2 Comprehensive Table New Salary Current New JFA FY2020 Range 50th Cost to Position Title or Current Annual Grade Total Salar Salary Percentile Implement Y Y Correctional Sergeant 7 530 54,450 50,211 54,450 73,823 4,239 Water/Wastewater Operator 515 56,805 56,805 - Water/Wastewater Operator 515 54,450 51,480 2,970 Water/Wastewater Operator 515 62,733 62,733 - Maintenance Mechanic Operator 515 54,450 48,984 5,466 Maintenance Mechanic Operator 515 54,450 47,778 Maintenance Mechanic Operator 515 54,450 50,211 4,239 Dispatch Supervisor 525 56,705 52,770 3,935 Harbor Worker II 500 54,450 47,778 6,672 Harbor Worker II 500 1 54,450 45,489 8,961 Harbor Worker II 500 54,450 44,408 10,042 Harbor Worker II 500 59,696 59,696 - Harbor Worker II 500 55,432 55,432 - Animal Control Officer 6 485 51,550 45,490 49,500 67,112 6,060 Curator 485 49,500 43,306 6,194 Dispatcher 475 59,500 40,206 9,294 Dispatcher 475 49,500 - - Dispatcher 475 51,500 46,633 4,917 Dispatcher 475 49,500 44,408 5,092 Office Manager- Harbor 475 68,162 68,162 - Office Manager- Harbor In Training 475 49,500 43,306 6,194 Accounting Technician III 460 49,500 - - Campground Coordinator 5 450 4,500 37,315 45,000 61,011 7,685 Corrections Officer 445 45,000 46,634 - Corrections Officer 445 54,080 54,080 - Corrections Officer 445 45,000 43,305 1,695 Corrections Officer 445 45,000 41,225 3,775 Parking Operations Supervisor 440 - - - Deputy City Clerk 435 46,634 46,634 - Program Coordinator-Sports and Rec 435 45,000 42,265 2,735 Field Engineer 420 - - - Program Coordinator- Library 420 45,000 41,226 - Parks Maintenance Technician 415 - - - Accounting Technician II (Utility) 415 55,973 55,973 - Accounting Technician II (Utility) 415 53,290 53,290 - Accounting Technician II (A/P) 1 415 1 45,000 1 42,2661 2,734 Administrative and Technical Technician- Library 4 400 43,258 33,758 43,258 58,648 9,500 Executive Assistant-CM Office 390 45,489 45,489 - Executive Assistant- Fire 390 52,770 52,770 - 166 Seward,AK Table 2 Comprehensive Table New Salary Current New JFA FY2020 Range 50th Cost to Position Title or Current Annual Grade Total SalaryPercentile Implement Salary Executive Assistant- Parks & Recreation 390 - - - Executive Assistant- Public Works 390 43,258 42,266 - Executive Assistant- Police 390 46,633 46,633 - Planning Technician 390 46,488 46,488 - Accounting Technician I (Payroll) 385 43,285 39,229 4,029 Executive Assistant-Electric 390 43,258 40,206 3,052 Executive Assistant-Clerk 380 49,860 38,812 11,048 Executive Assistant-Harbor 380 43,258 35,485 7,773 Executive Assistant-Harbor 380 - - - Custodian - Municipal Buildings 3 345 42,266 42,266 39,325 53,317 - DMV Clerk 345 41,225 41,225 - Recreation Assistant 345 39,325 35,485 3,840 Part-Time Animal Control Assistant 335 39,325 34,632 4,693 No Positions in Grade 2 - I - I - 35,750 48,470 - Part-Time Aides 1 280 32,500 30,597 32,500 44,063 1,903 Campground Attendants-Seasonal 275 32,500 30,597 1,903 Gardeners 270 32,500 30,597 1,903 Parking Lot Attendant 250 32,500 30,597 1,903 Program Aides-Seasonal (Summer Camp) 245 32,500 30,597 1,903 Total Cost to Implement 252,416 167 SEWARD Table 3 PROPOSED PAY RANGES Administrative and Technical 2.05%Between Each Step(A-P) 10%Between Each Grade(1-4) 35%Range Spread from Minimum to Maximum Grade A B C D E F G H I J K L M N O P 1 32,500 33,166 33,846 34,540 35,248 35,971 36,708 37,461 38,229 39,012 39,812 40,628 41,461 42,311 43,178 44,063 2 35,750 36,483 37,231 37,994 38,773 39,568 40,379 41,207 42,051 42,913 43,793 44,691 45,607 46,542 47,496 48,470 3 39,325 40,131 40,954 41,793 42,650 43,524 44,417 45,327 46,257 47,205 48,172 49,160 50,168 51,196 52,246 53,317 4 43,258 44,144 45,049 45,973 46,915 47,877 48,858 49,860 50,882 51,925 52,990 54,076 55,185 56,316 57,470 58,648 Supervisors and Advanced Technical 2.05%Between Each Step(A-P) 10%Between Each Grade(5-9) 35%Range Spread from Minimum to Maximum Grade A B C D E F G H I J K L M N O P 5 45,000 45,923 46,864 47,825 48,805 49,806 50,827 51,868 52,932 54,017 55,124 56,254 57,407 58,584 59,785 61,011 6 49,500 50,515 51,550 52,607 53,686 54,786 55,909 57,055 58,225 59,419 60,637 61,880 63,148 64,443 65,764 67,112 7 54,450 55,566 56,705 57,868 59,054 60,265 61,500 62,761 64,047 65,360 66,700 68,068 69,463 70,887 72,340 73,823 8 59,895 61,123 62,376 63,655 64,959 66,291 67,650 69,037 70,452 71,896 73,370 74,874 76,409 77,976 79,574 81,206 9 65,885 67,235 68,613 70,020 71,455 72,920 74,415 75,941 77,497 79,086 80,707 82,362 84,050 85,773 87,532 89,326 Directors and Senior Managers Open Ranges 7.5%Between Each Grade(10-13) 40%Range Spread from Minimum to Maximum Grade A B I C I D I E F G H I J K L M N O P 10 70,000 98,000 11 75,250 105,350 12 80,894 113,251 13 86,961 121,745 168 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2021-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES CONTRACT OF CORY BORGESON FOR AN AMOUNT NOT TO EXCEED $7,000 WHEREAS, the City of Seward has hired a new manager for the electric utility which has been vacant since June 10, 2020; and WHEREAS, Cory Borgeson, former Chief Executive Officer of Golden Valley Electric Association, Fairbanks, Alaska, has been Interim Manager of the Seward Electric Utility since June 23, 2020; and WHEREAS, on September 14, 2020 council approved Resolution 2020-076 to extend Borgeson's contract as Interim for an additional 22 weeks; and WHEREAS, actual expenses proved to be higher than anticipated and the funding authority for Borgeson's contract will end on or about January 11, 2020, falling short by two weeks; and WHEREAS, both the City of Seward and Borgeson desire to have Borgeson remain in Seward for the remainder of the month; and WHEREAS, the amount of $7,000 will cover the weekly compensation and living expenses thru January 28, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The city manager is hereby authorized to continue the Professional Services Contract between the City of Seward and Cory Borgeson with funding being approved thru January 28, 2021. Section 2. The contract extension will be performed at a cost not-to-exceed $7,000. Section 3. The cost of this Independent Contractor Agreement will be borne by the Electric Enterprise Fund and be charged to Electric Administration salaries account no. 15000- 3001-6000. Section 4. This resolution shall take effect immediately upon adoption. 169 Agenda Statement Meeting Date: January 11, 2021 • To: City Council Through: Norm Regis, Acting City Manager From: Sam Hickok, Acting Finance Director Agenda Item: A Resolution of the City Council of The City of Seward,Alaska,Authorizing the funding of the Professional Services Contract of Cory Borgeson in the amount of$7,000, to manage the Seward Electric Department thru January 28, 2021. BACKGROUND & USTIFICATION: Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department and has been successful in carrying out the goals and objectives of the department. The Electric Manager position has been filled with the hiring of Robin Montgomery who will start January 19, 2021. Funding of$7,000 will allow Mr. Borgeson's contract to be continued through January 28, 2021. INTENT: Extend the Professional Services Contract of Cory Borgeson, to manage the Electric Department thru January 28, 2021 for an amount not to exceed $7,000. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: x 2. Strategic Plan: x 3. Other: FISCAL NOTE: Funding will come from Electric Administration salaries account 15000-300I-6000, no additional appropriation necessary. Approved by Finance Department: . ATTORNEY REVIEW: Yes No_________________________ Not Applicable__- 170 RECOMMENDATION• City Council approve Resolution 2021-005, authorizing the Acting City Manager to extend the Professional Services Contract of Cory Borgeson, thru January 28, 2021 and to approve the funding of$7,000.00 for the extension. 171 'r l Sponsored by: Meszaros CITY OF SEWARD,ALASKA { RESOLUTION 2020-076 A RESOIA'-FION OF THE CITY COUNCIL OF THE CITY OF SEWARD, AC.ASKA, AU11-1ORILING THE CITY MANAGER TO EXTEND THE INDEPENDENT CONTRACTOR AGREEMENT OF CORY BORGESON FOR AN AMO C'N T NOT TO EXCEED $63,000 WHEREAS, the City of Seward continues to search for a Manager for the Electric a Utility department which has been vacant since June 10, 2020; and WHEREAS, Cory Borgeson, former Chief Executive Officer of Golden Valley Electric Association in Fairbanks has been Interim Manager since June 23, 2020; and WHEREAS, the funding authority for the Independent Contractor Agreement with Cory Borgeson will end on or about September 14, 2020; and WHEREAS, the Independent Contractor Agreement was for an indefinite period, but not expected to exceed six months; and WHEREAS, both the City of Seward and Borgeson desire to continue the work written in the Independent Contractor Agreement; and WHEREAS, the amount of $63,000 will corner the weekly compensation and living expenses for an additional 22 weeks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 CITY OF SEWARD, AI;ASKA that: E Section I. The City Manager is hereby authorized to continue the Independent Contractor a _ Agreement between the City of Seward and Cory Borgeson , and funding is hereby approved for 22 weeks of work in an amount not-to-exceed $63,000, k ' Section 2. The funding for this Independent Contractor Agreement will be borne by the Electric Enterprise fund and be charged to Electric Administration salaries account no. 15000- 3001-6000. Section 3. This resolution shall take effect imniccliatc]N u11011 adoption. 's PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14`t' day of September, 2020. 172 a t CITY OF SEWARD, ALASKA RESOLUTION 2020-076 T IT OF SWARD risty Terry Mayor AYES: Seese, Osenga, Baclaan, McClure, Terry 0FS: None A B S E'N'F: Crites ABS"1-AIN: None ATTEs'r: &—, Z(O--- Brenda J. Ba lou, A City Clerk (City Seal) OF aye*aas�iir��,, • SEAL _ • « �Af 173 Agenda Statement Meeting Date: September 14, 2020 To: City Council Through: Scott Meszaros, City Manager Stephen Sowell, Assistant City Manager From: Sam Hickok, Acting Finance Director Agenda Item: A Resolution of the City Council of The City of Seward, Alaska, Authorizing the City Manager to Extend the Professional Services Contract of Cory Borgeson to Manage the Seward Electric Department BACKGROUND & JUSTIFICATION: On June 10, 2020, John Foutz, long-time manager of the Seward Electric Department, resigned and left the position vacant. Cory Borgeson had retired in March 2020 after eight years of being the CEO of Golden Valley Electric Association in Fairbanks, Alaska. Prior to working as CEO of GVEA, he had been their outside general legal counsel since 1989. On short notice, Borgeson and the City of Seward entered into an Independent Contractor Agreement wherein Borgeson agreed to fill the position of Acting Electric Utility Manager for the City of Seward for an indefinite period, not expected to exceed six months. Borgeson is directly supervised by the City Manager and has the authority and responsibilities as delegated by the City Manager, consistent with City Code. This contract was prepared by the City of Seward's legal counsel. Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department and has been successful in carrying out the goal and objectives of the department. The Electric Manager position has yet to be filled. There is interest in the position and potential candidates are being vetted. There is a need to seek Council funding to continue with Mr. Bergeson's services. The requested funding of$63,000 will allow for the contract to be continued for 22 weeks. That would carry Mr. Bergeson's services through the end of January 2021. INTENT: Extend the Professional Services Contract of Cory Borgeson, to manage the Electric Department while undertaking a search for a new manager for the Electric Department for an amount not-to- exceed $63,000. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: 2. Strategic Plan: 104 3. Other: FISCAL NOTE: Funding for this contract is covered by the Electric Administration salaries budget due to the vacancy of the position. No appropriation is necessary. Approved by Finance Department: ATTORNEY REVIEW: Yes._ _ No Not Applicable RECOMMENDATION: For City Council to approve Resolution 2020-076.,aLathorizing the City Manager to extend the Professional Services Contract of Cory Borgeson, to manage the Electric Department for an amount not to exceed $63,000. 105 INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement C'Agreement") are Cory R. Borgeson ("Borgeson") and the City of Seward (the"Ciityl. WHEREAS, the Manager position of the Electric Utility of the City will be vacant effective June 12, 2020, and the City needs to fill that position on a non-permanent basis while it locates a person or company to assume the position on a more permanent basis; WHEREAS, Borgeson has experience managing an electric utility in Alaska having been the Chief Executive Officer of Golden Valley Electric Association ("GVEA") in Fairbanks, Alaska since June 2012, and before that represented GVEA as legal counsel since 1989; WHEREAS,Borgeson is willing to work as the Acting Electric Managerfor an interim period in order to allow the City to recruit for that position or restructure how it manages its electric utility; and WHEREAS,the City desires to contract with Borgeson for this purpose. NOW,THEREFORE, the City of Seward and Cory R. Borgeson agree as follows. i. Professional Services Borgeson will fill the position of Acting Electric Utility Manager for the the City of Seward for an indefinite period, not expected to be exceed six months. Borgeson will be bound by all rules, policies, procedures, and ordinances pertaining to the position and its duties including, but not limited to, City ordinances, state and federal law, City of Seward Electric Utility policies, roles and procedures and national electrical safety standards and codes (e.g. the National Electrical Safety Code and the National Electric Code where they pertain). Borgeson shall be directedly supervised by the City Manager, and shall have such authority and responsibilities as may be delegated by the City Manager, consistent with City Code. Borgeson will not participate on behalf of the City of Seward in utility industry groups such as, but not limited to, ARCTEC, RRC, RUM, and BPMC unless obtaining approval from the GVEA board of directors. 2. Inde end nt Contractor Status It is the intent of Borgeson and the City that Borgeson is and as should be classified as an independent contractor and not an employee of the City. As such Borgeson is entitled to no additional benefits or procedural due process as may be applicable to City employees. Borgesion agrees to provide the City with the appropriate tax identification information and assumes responsibility for reprotying an siwthhodlign any and all income taxes. 00940475.DOCX 106 3. Compensation Borgeson will invoice the City for his services at the rate of two thousand, five hundred dollars ($2,500.00) per workweek. Borgeson shall not bill the City for any week in which no work is performed. Upon submission of invoices, the City agrees to reimburse Borgeson for actual incurred living expenses (to include tent and utilities) not to exceed $2,000.00 per month. The City shall provide Borgeson the use of a utility vehicle during the period he resides in Seward, and shall be responsibile for the costs of vehicle insurance, fuel, and required maintenance. Borgeson shall comply with all City policies and procedures regarding use of City-owned or leased vehicles. 4. Conflict of Interest Borgeson will devote full-time efforts to the position. Borgeson may accept or continue employment for other business entities during the term of this Agreement subject to meeting the performance obligations herein. In the event Borgeson learns of a potientiai conflict of interest, whether actual or perceived, arising out of, or relating to, Borgeson's exisiting or former working relationship with another entity, Borgeson shall provide written notice of said conflict to the City Manager as soon as practical upon learning of the potential conflict. 5. Terminafi n The City may terminate this Agreement at any time upon written notice. Upon termination, Borgeson shall be paid through the last day worked on a pro-rata basis, and reimbursed for actual living expenses incurred, for a period not to exceed the end of the month in which termination occurs, and actual penalitles incurred, if any,for termination of any rental agreement. Borgeson shall provide the City thirty(30)days written notice of his intent to terminate the Agreement; the City, at its election, may continue to retain Borgeson's services or terminate the Agreement effective immediately. In the event of such termination, Borgeson shall be entiled to compesation and reimbursement as stated herein, but no other benefits. 6. Assignment Contractor may not assign or delegate this Agreement, or any part of it, except with the prior consent of Eagle. 7. Severabilft Wherever possible, each provision of this Agreement shall be Interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be 00240475.Docx 107 ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 8. Choice of Law and Forum Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 9. Volunta!y Exegution Borgeson represents and acknowledges that prior to signing this Agreement, he has read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. Borgeson additionally represents that he has had an adequate opportunity to consider entering into this Agreement, and if so desired, to discuss the terms, conditions and provisions of this Agreement, as well as all related legal consequences, with an attorney of his choice. 40. Entirg Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Borgeson, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein,and that no other agreement,statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. CITY OF SEWARD ZVZO DATED: A0,111 By:. its: Scott W. Meszaros. City Manager DATED: . . �' G� By: Or'v'� ► `�--.... Cory R. Borgeson 00840475.C1oCX 108 INDEPENDENT CONTRACTOR AGREEMENT EXTENSION WHEREAS, Cory Borgeson and the City of Seward entered into a contract on June 23, 2020 for Borgeson to fill the position of Electric Utility Manager for a period of three to six months with a cost not to exceed $30,000. WHEREAS, The City of Seward wishes to extend the contact till the end of January 2021 in order to allow the City of Seward to recruit for a utility manager or restructure its electric utility; and WHEREAS, Borgeson agrees to continue his work as an independent contractor under the terms and conditions agreed to in the June 23, 2020 agreement. NOW, THEREFORE, the City of Seward and Borgeson agree to extend the current contract and the City of Seward agrees to fund that extension for twenty-two weeks covering a four-month period ending in January 2021. DATED: By: Scott Meszaros, Seward City Manager DATED: By: Cory Borgeson 109 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2021-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTING SERVICES CONTRACT WITH CORY BORGESON FOR ELECTRIC MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $75,000,AND APPROPRIATING FUNDS WHEREAS, the City has hired a new, permanent Electric Utility Director who will start on January 19, 2021; and WHEREAS, Cory Borgeson has been working as the Interim Electric Utility Director since June, 2020 and his contract will end on January 28, 2021; and WHEREAS, Borgeson has been integrally involved in several ongoing projects for the City and his expertise has been invaluable; and WHEREAS, the City sees great benefit in continuing to have access to Borgeson's professional expertise to see through these important projects, as well as to assist with onboarding the new director; and WHEREAS, both the City and Borgeson desire to continue the relationship by transitioning to an hourly consulting contract; and WHEREAS, the amount of$75,000 will cover up to 300 hours of consulting services at the hourly rate including costs as set out in the Independent Consulting Agreement attached herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The city manager is authorized to enter into a contract with Cory Borgeson as Borgeson & Associates for professional consulting services for the Electric Utility Department in an amount not to exceed $75,000 for the calendar year 2021. Section 2. Funding for this contract is hereby appropriated from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000-3000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of January, 2021. 180 Agenda Statement Meeting Date: January 11, 2021 To: City Council E� From: Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Agenda Item: A Resolution of the City Council of The City of Seward, Alaska, to enter into a Consulting Services Agreement with Cory Borgeson to continue work for calendar year 2021 on an hourly basis as needed by the Seward Electric Department, and appropriating funds. BACKGROUND & JUSTIFICATION: Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department and has been successful in carrying out the goals and objectives of the department. The Electric Manager position has been filled by Robin Montgomery who will be starting January 19, 2021. Currently, there are two positions that are vacant at the EIectric Department. Both the Field Engineer and the Operations Supervisor are currently being recruited. The proposed agreement with Borgeson will help with the numerous efforts currently underway with the Department. Under the terms of the contract, Borgeson will provide services as directed by the Electric Department Director at approximately 300 hours per year. These services will be compensated at $245 per hour. These services include any necessary work to finish the ongoing rate case, negotiation of a Power Sales Agreement, and implementation of the new right-of-way clearing policy_ Borgeson will also be able to provide general assistance to the Electric Utility while continuing his work in the area of safety and reliability as well as finishing up the efforts to bring electric service to the Camelot Subdivision. The 300 hours may be increased with the consent of the City Manager. The requested funding of$75,000 will allow for the contract to be funded thru calendar year 2021. The contract is attached to this Agenda Statement. INTENT: To authorize the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson that is identical with the agreement included with this statement. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: 2. Strategic Plan: 3. Other: 181 FISCAL NOTE: Funding for this contract will be appropriated from reserves to the contracted services account no. 15000-3000-7009. Approved by Finance Department: .:.u:, ATTORNEY REVIEW: Yes No` Not Applicable RECOMMENDATION: 006 For City Council to approve Resolution 2021 , authorizing the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson,to provide services to the Electric Department for an amount not-to exceed $75,000. 182 INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement ("Agreement") are Cory R. Borgeson ("Borgeson and Associates") and the City of Seward (the "City"). WHEREAS, the Manager position of the Electric Utility of the City was vacant in June of 2020 and Borgeson who had experience managing an electric utility in Alaska having been the Chief Executive Officer of Golden Valley Electric Association ("GVEA") in Fairbanks, Alaska since June 2012, and before that represented GVEA as legal counsel since 1989; WHEREAS, Borgeson filled in as the Acting Interim Utility Manager from June of 2020 tll Janaury of 2021 but is willing to do work on a consulting basis from time to time payable hourly; and WHEREAS, the City Electric Department desires to contract with Borgeson for this purpose. NOW, THEREFORE, the City of Seward and Cory R. Borgeson agree as follows: 1. Scope of Professional Services Borgeson will provide services as directed by the Electric Department Director up to 300 hours per year. These services include any necessary work to finish the ongoing rate case, negotiation of a Power Sales Agreement in light of the end of the Chugach Power Sales Agreement work with the Bradley lake Project Management Comittee, and other assignments as the Director of the Utility may deem appropriate. The 300 hours may be increased with the consent of the City Manager. 2. Independent Contractor Status It is the intent of Borgeson and the City Electrric Department that Borgeson is an independent contractor and not an employee of the City. 3. Fees for Services Borgeson will invoice the City for his services at the rate of $245.00 per hour and will submit montly billings. Direct out-of-pocket expenses shall be charged at actual costs. Borgeson will not charge for travel time to Seward if travel is necessary but will be reimbursed the costs of travel, hotel and meals provided he has obtained prior approval for the travel. 00940475.DOCX 183 4. Termination The City may terminate this Agreement at any time upon written notice. Borgeson shall provide the City thirty (30) days written notice of his intent to terminate the Agreement. 5. Assignment Borgeson may not assign or delegate this Agreement, or any part of it 6. Severability Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Choice of Law and Forum Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 8. Voluntary Execution Both parties represents and acknowledges that prior to signing this Agreement, they have read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. 9. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Borgeson, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. 00940475.DOCX 184 CITY OF SEWARD DATED: By: Its: DATED: By: Cory R. Borgeson 00940475.DOCX 185 STATE OF ALASKA Business License �resxa easiness license a 21 U8228 Alaska Department of Commerce,Community,and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Junesµ AK 998T1,0806 This is to—Ify that Borgeson&Associates Box 74046,Fairbanks,AK 99707 awned by Gory Ri hard Borgeson is licensed by the dep—rt to conduct business for the period June 23,2020 to December 31,2021 far the following line(,)of basiness. 64-Professional,Sn-tfic and Technical Services P Tetg This license shall not be taken as permission to do business in the sta0e--t having es.11�i complied w&N other requirements of the laws of the State or of the United States. This license must be posted In a conspicuous place et the business localion_ It is not-ferabre or assignable. Julie Anderson riF tiF~ Gammissioner aL�. CITY OF SEWARD Business License Application underway. 186 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 309 CALL TO ORDER The December 14, 2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Tony Baclaan John Osenga Liz DeMoss Sharyl Seese (telephonically) Ristine Casagranda (telephonically) comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Becky Dunn(telephonically)was responsible for getting the council meetings on KlBH-FM 91.7, as well as the borough assembly meetings. She volunteered for this responsibility, and appreciated everyone on council for their service. She expressed frustration about not being notified when council went back on the record following an executive session;she also wished to be notified when there was a problem with the radio equipment. Micheley Kowalski requested that additional CARES Act funds be distributed to the Seward Prevention Coalition so they could continue helping local residents with paying household bills. Sol DeMoss expected the city to cut expenses and use reserves,just as small businesses had done, to get through the pandemic. He wanted the additional CARES Act funds to be disbursed to small businesses and non-profits. Katie Cornwell(telephonically)requested that some of the additional CARES Act funds be allocated to the Seward Prevention Coalition.Following the first allocation of funds,the applications received in the first 24 hours by the Seward Prevention Coalition from households requesting assistance exceeded the funding amount available;there were many households remaining that still 187 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 310 needed assistance. Cornwell said the household assistance program that the Seward Prevention Coalition ran paid bills directly on behalf of citizens, so 100% of the funds went directly to paying utility bills,mortgages,etc.and the Coalition received none of the funds towards their own operating costs. Kevin Lane was a business owner who had been deeply affected by the pandemic. He had exhausted his own reserves, received PPP funding, and shuttered one of his restaurants for the winter; he still had to take out loans in the hope of re-opening the restaurant in the spring. He implored council to distribute the remaining CARES Act funds to local small businesses and non- profits. Carol Griswold(telephonically)supported the introduction of Ordinance 2020-015 to rezone the Jesse Lee Home property to Park. She was, however, concerned about the recent article in the Seward Journal which quoted former city manager Jim Hunt as saying the rezone would go against the grant funding requirements, and hoped this would be addressed. Separately, Griswold was hopeful that any additional CARES Act funds would be distributed to businesses that may not have previously received funding. Dana Paperman (telephonically) was the director of the Seward Senior Center. She requested to receive additional CARES Act funding so the meal program for seniors could continue, as there had been an increased demand for it during the pandemic and she expected the demand to continue. Tim McDonald encouraged council to create a community center on the site of the Jesse Lee Home for all the children to use. Suzi Towsley supported giving the additional CARES Act funds to the Seward Prevention Coalition so they could help local households pay their bills. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Terry removed Resolution 2020-094 from the consent agenda. Baclaan removed the introduction of Ordinance 2020-015 from the consent agenda. Seese removed Resolution 2020-096 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-093,Extending The City's Current State Of Emergency In Response To The Coronavirus (COVID-19) Outbreak, And Requesting State And Federal Relief Assistance. 188 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 311 Resolution 2020-095,Urging The Alaska Legislature And Governor Dunleavy To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2022 State Capital Budget. Approval of the November 23, 2020 Regular Meeting Minutes. Approval of the December 3, 2020 Special Meeting Minutes. Discontinuing the practice of reporting Public Records Requests. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing the 50t"Anniversary of the Seward Marine Center in Seward Borough Assembly Repo-r4 Kenn Carpenter did not provide a report. City Manager Report.Acting City Manager Norm Regis reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $13,645 for laptops for remote operations; $42,090 for emergency repairs at the Lowell Point Sewage Lagoon; and, $28,570 for emergency repairs at the Lowell Point Sewage Lagoon. Regis said he reached out to the Alaska Department of Transportation(DOT)requesting that the city be notified when the Seward Airport was being closed for snow removal or any other issues; Regis said they agreed to notify him of any closures. Baclaan wondered if the vacant position for executive assistant in the Parks & Recreation Department might not be filled in order to save money. In response, Regis said that position would be filled because it was critical to preparing for opening in the spring. Baclaan congratulated City Clerk Brenda Ballou on behalf of council for being elected 1s` Vice President of the Alaska Association of Municipal Clerks. In response to Seese,Regis said the barge company that damaged the city's dock would pay for the lumber and the city would contribute labor; it was a combined effort to make the repairs. Casagranda was trying to understand the total amount of CARES Act funds the city had received, and wanted a complete report on where the funds had been spent. Other Reports and Announcements Alaska Municipal League (AML) Conference reports from council members who attended classes via Zoom. 189 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 312 Seese, Casagranda, Osenga, McClure, and Baclaan did not attend. DeMoss attended the Newly Elected Officials (NEO) training. Terry attended some of the NEO classes,and particularly liked the Roles&Responsibilities of Municipal Officers class. She also attended the Hotwash on Municipality Pandemic Response class, Managing a Capital Improvement Projects List, Evaluating Managers, and Leading Through Change, among others. Terry said the classes were available online. Presentations US Coast Guard homeporting Fast Response Cutter (FRC) at the Seward Marine Industrial Center (SMIC) by David Brumley. PUBLIC HEARINGS Emergency Ordinance for Public Hearing & Enactment Ordinance 2020-014,Temporarily Adopting City Council Emergency Regulations Requiring Facial Coverings Inside Buildings Open To The Public When Six Feet Of Distance From Other Individuals Cannot Be Maintained In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. Motion (Baclaan/McClure) Enact Emergency Ordinance 2020-014 Regis stated that this emergency ordinance was coming to council because the current mask mandate would expire on December 25, 2020, and he thought it prudent to extend the mandate. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. Lori Landstrom applauded council for extending the mask mandate. She was a healthcare provider, and firmly believed that wearing masks helped mitigate the spread of the virus. No one else appeared and the public hearing was closed. Seese was pleased that this ordinance was coming forward. Motion to Amend (Casagranda/DeMoss) Amend Emergency Ordinance 2020-014 by striking"60 days"and replacing it with"30 days". Casagranda was hopeful that there wouldn't be a need to have a mask mandate for 60 days, but if necessary council could bring back another extension. DeMoss and Seese concurred. 190 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 313 Osenga thought 60 days was acceptable, and if things turned around with the virus, council could simply remove the mandate. McClure concurred. Motion to Amend Failed Yes: DeMoss, Casagranda, Seese No: Baclaan, Osenga, McClure, Terry Terry said she wanted to see all the students going back to school full-time, and if wearing a mask would help that happen, she was willing to do her part. She believed a mask mandate was the least restrictive measure that could be taken, under the circumstances. Main Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS Ordinances for Introduction Ordinance 2020-015,Amending The Land Use Plan And Rezoning Lots 15A And 15B Of Jesse Lee Heights Subdivision Addition No 4, With The Physical Address Of 101 & 105 Benson Drive,From Multi-Family Residential (R3) To Park(P). Motion (Baclaan/McClure) Introduce Ordinance 2020-015 Community Development Director Jackie Wilde said the Planning&Zoning Commission was bringing this ordinance forward.Wilde reassured council that rezoning this property to Park was in keeping with the grant documents,and there was no requirement to make the property commercial as was suggested earlier.Wilde said she had conducted a survey to obtain feedback from the public on what they wished to see happen with the property, and those results were included in the packet. Casagranda asked for confirmation that a Community Center would be allowed on this property if it were rezoned as Park.In response,Wilde confirmed that a Community Center would be allowed with a Conditional Use Permit(CUP). Casagranda and Baclaan both expressed concerns that this rezone seemed to be moving very quickly, and wondered if it would be better to slow things down. In response, Wilde said the grant funding came with the deadline of June 30,2021;the ownership transfer process with the Friends of the Jesse Lee Home, along with inclement weather, had delayed the project, and the process of obtaining a CUP could take up to three months. In response to DeMoss,Wilde said the grant funds had to be spent,not just committed,by the deadline;the prof ect was estimated to cost over$400,000, but Wilde did not have an exact figure of what was spent to date because the city had not yet been invoiced. Motion Passed Yes:Seese,Osenga,Baclaan,McClure,Terry No: Casagranda,DeMoss 191 City of Seward,Alaska Citv Council Meeting Minutes December 14, 2020 Volume 41, Page 314 Resolutions Resolution 2020-094,Accepting CARES Act Grant Funds In The Amount Of$1,336,006 And Distributing Half To Businesses That Received Round One Grant Funds Previously And Half To Cares-Eligible City Of Seward Payroll, And Appropriating Funds. Terry passed the gavel to Vice Mayor Baclaan and declared a potential conflict of interest because she worked for the Alaska Railroad, and the Alaska Railroad had received Federal CARES Act funding to be used for pre-planned infrastructure improvements. Vice Mayor Baclaan ruled that no conflict existed and returned the gavel to Mayor Terry. Seese declared a potential conflict of interest because she was an investor in one of the businesses that had previously received CARES Act funding from the city. In response to Terry, Seese said her investment would not be impacted in any way if the business received additional CARES Act funding or not.Mayor Terry ruled that no conflict of interest existed. Casagranda declared a potential conflict of interest because she owned a business that would benefit financially from receiving additional CARES Act funding.Mayor Terry declared that a conflict existed, and Casagranda (attending telephonically)was asked to remain silent until the resolution was completed. Baclaan objected to the ruling because he believed there were enough businesses included in the funding pool as to make any single business owner's interest negligible. In response to Terry, City Clerk Brenda Ballou read the city attorney's opinion: "Council members that own businesses designated to receive funds have a substantial financial interest and should not participate in the consideration of the resolution. Council members employed by a business designated to receive funds do not have a substantial financial interest and should not disclose their connection to the business.A council member whose adult family member owns a business that will receive grant funding does not have an indirect financial interest, unless the council member is dependent upon the family member for financial support.Whether a council member who has loaned money to a business designated to receive funding has a substantial financial interest depends on the relationship between the receipt of grant funds and the loan repayment." Baclaan deferred to the city attorney's opinion and withdrew his objection. The mayor's ruling of a conflict stood. DeMoss declared a potential conflict of interest because she owned a business that would benefit financially from receiving additional CARES Act funding. Mayor Terry ruled that a conflict existed and DeMoss was asked to remain silent until the resolution was completed. Motion (Baclaan/McClure) Approve Resolution 2020-094 Terry said everyone wanted to distribute these funds in the most beneficial way possible. Regis said these funds needed to be spent before the end of the month. He was hoping to use some funds for the city because, in looking ahead at next year,he thought the city would be hurting financially: there would be no Commercial Passenger Vessel (CPV) funds in 2021, the cruise ship 192 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 315 schedule for 2021 was still unknown, the city was expecting to put the wage study in effect very soon, and there were some water and wastewater infrastructure issues that would be coming up soon as well. Seese was concerned for businesses that had applied to the state for funding,but were denied because funding had run out. In response,Acting Finance Director Sam Hickok said all qualified businesses that had applied with the city had received grant funding. Baclaan appreciated Seese's concerns for those businesses, but he didn't think it would be possible to conduct an application process for those particular businesses in a timely manner. Motion to Amend (Baclaan/) Amend Resolution 2020-094 by accepting the substitute resolution brought forward by Baclaan. Motion died for lack of second. Motion to Amend (Baclaan/Terry) Amend Resolution 2020-094 in the title by changing the words to read, "...and distributing $1,000,006 to businesses that received Round One grant funds previously, $307,000 to the Seward Prevention Coalition for the Neighbors Helping Neighbors Program, and $29,000 to the Seward Senior Center..." In response to Baclaan,Hickok said the city would likely end the year breaking even.Baclaan thought a break even for the city would be a win, even if no money could be added to the reserves account.McClure was torn between the competing interests for this funding because all causes were worthwhile. Osenga was cautious and wanted to preserve the financial health of the city, as well as the local businesses. Terry was concerned about other non-profit agencies that were not included in this amendment. Motion to Amend Failed Yes: Baclaan No: Osenga, Seese,McClure, Terry Motion to Amend (Seese/) Amend Resolution 2020-094 by accepting the substitute resolution brought forward by Seese. Motion died for lack of second. Motion to Amend (Terry/Baclaan) Amend Resolution 2020-094 in the title by changing the words to read, "...and distributing $1,000,006 to businesses that received Round One grant funds previously 193 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 316 and $336,000 to previously-funded non- profits..." Terry thought there were a great number of non-profits that were working to help citizens. Motion to Amend Passed Yes: Baclaan, Seese,McClure, Terry No: Osenga Motion to Amend(Terry/Baclaan) Amend Resolution 2020-094 in the last Whereas to read, "...based on the amount of$1,000,006 for business allotment,award amounts are as follows: Tier 1 - $960.31, Tier 2 -$3,201.04,Tier 3 -$6,402.09,Tier 4 - $9,603.13, and Tier 5 - $12,804.17." Motion to Amend Passed Yes: Baclaan, McClure, Seese, Terry No: Osenga Motion to Amend (Terry/Baclaan) Amend Resolution 2020-094 by striking the 4tb Whereas completely, and in the 5tb Whereas strike the words "remaining half of the balance of$668,003" and replace it with "$1,000,006." Motion to Amend Passed Yes: Seese, Baclaan,McClure, Terry No: Osenga Motion to Amend (Baclaan/Terry) Amend Resolution 2020-094 in Section 2 by changing it to read, "The $1,336,006 amount will be divided as follows: $1,000,006 to Pass-Thru Payments account no. 80081-0000-7809 for business grant allotments...of the first Business CARES Grant Program,and$336,000 appropriated to Pass-Thru Payments account no. 80083- 0000-7809 for previously-approved non- profits." Motion to Amend Passed Yes: Seese, Baclaan,McClure, Terry No: Osenga Motion to Amend (Terry/McClure) Amend Resolution 2020-094 in the title by changing it to read, "...accepting Kenai Peninsula Borough CARES Act grant 194 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 317 funds in the amount of $1,495,170.49 and distributing..." Motion to Amend Passed Unanimous Motion to Amend (Terry/McClure) Amend Resolution 2020-094 in Section 1 by striking the dollar amount of"$1,336,006" and replacing it with"$1,495,170.49 to state grant revenue account no.80083-0000-4251 and appropriate to Pass-Thru Payments account no. 80083-0000-7809." Motion to Amend Passed Unanimous In response to Terry, McClure said the original members of the Non-Profit Review Committee were herself, Clare Sullivan, Tim Dillon, Kim Reierson, and Hillary Bean. Motion to Amend (Baclaan/Terry) Authorizing the Non-Profit Review Committee to meet and allocate the non- profit disbursements up to the amount of $336,000, and if the committee is unable to meet, the funds will be distributed in the same proportions as before. Terry would support this measure, but wanted to be assured that the final disbursement amounts were recorded in legislative history. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Council Members Casagranda and DeMoss returned to the dais. Resolution 2020-096,Prohibiting City Of Seward Employees From Bringing Pets To Work Or From Having Pets In Any City-Controlled Building Or Premises, With The Exception Of Service Animals For Persons With Disabilities. Motion (Terry/McClure) Approve Resolution 2020-096 Regis said this policy would apply only to employees, not the public. Assistant City Manager Stephen Sowell said that this policy came about at the request of the city's insurance company,AML/JIA, following an incident where an AML/JIA insurance adjuster was bitten by an employee's dog when onsite in a city building. 195 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 318 Seese asked for clarification about the Americans with Disabilities(ADA)Act requirements for service animals. In response, Sowell said an employee would not be required to furnish documentation about themselves or their disability, but would be required to have all appropriate documentation about the service animal on file with the city. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS October, 2020 City and Providence Financials November, 2020 City and Providence Financials Deputy City Clerk's Report on Public Records Requests through December 8, 2020 Announcing the Sister City Video Project from the Japanese Consulate in Anchorage City Clerk Brenda Ballou installed as Ist Vice President of the Alaska Association of Municipal Clerks Launching Zoom for City Council Meeting& Work Sessions CITIZEN COMMENTS Becky Dunn said the radio broadcast was slightly delayed,so she would appreciate receiving notifications about council meeting start and stop times. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis was pleased that the businesses in Seward would be receiving additional financial support. He congratulated the city clerk. Sowell wished everyone happy holidays, and hoped for a better 2021. Seese congratulated the city clerk. She felt that council accomplished a lot of work tonight. She wished everyone a safe and healthy Merry Christmas. Casagranda congratulated the city clerk. She wished everyone a Merry Christmas and Happy New Year. She was looking forward to a new year. Casagranda was very concerned about her inability to easily research and clearly track the CARES Act funding monies received and spent by the city in legislative history; she was disappointed in the lack of clarity presented in tonight's resolution. 196 City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 319 Osenga congratulated the Seward Marine Center on their 50th Anniversary. He appreciated Becky Dunn and everyone at KIBH-FM 91.7 for broadcasting the meetings on the radio. He was looking forward to homeporting the US Coast Guard Fast Response Cutter.Osenga congratulated the city clerk. He wished everyone a safe and happy holiday and new year. DeMoss thanked Baclaan and Seese for bringing forward substitute resolutions for consideration; she appreciated the time and work they put in. She thanked administration for their work, but also expressed concerns about the lack of transparency of the CARES Act funding. She appreciated how accessible and responsive Regis and Sowell were. She congratulated the city clerk. Happy Holidays. McClure congratulated the city clerk, and the SMC for their 50 years in Seward. She said this Tsunami Ocean Science Bowl would be held virtually this year. She looked forward to meeting with the Non-Profit Review Committee; it was one of the best committees she had participated on. McClure wished everyone a Merry Christmas, and hoped everyone would enjoy the fireworks on New Years' Eve. Baclaan thanked everyone in the public who provided comments tonight;he thought it was important for every citizen to participate in government.He thanked Becky Dunn for providing radio coverage. Baclaan appreciated administration for being so accessible and responsive. He congratulated the city clerk. Baclaan congratulated Deputy City Clerk Jessica Stallard on the birth of her baby girl. He reminded everyone about the Light Up The Night event on December 20, 2020. Merry Christmas and Happy New Year. Terry commended the Parks&Recreation Department for the drive-in movie event;they did a great job and hoped they would do it again. She expressed condolences to the family of Todd Brewer who passed away due to COVID-19.Merry Christmas,Happy Hanukkah,Happy Kwanzaa, and Happy New Year. Terry stated that administration would be coming back to council in January with a complete and thorough report of all CARES Act funding the city had received and spent, down to the penny; Regis confirmed. ADJOURNMENT The meeting was adjourned at 9:42 p.m. Brenda Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 197 AGENDA STATEMENT Meeting Date: December 14, 2020 From: Karen Corrigan, Acting Deputy City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: American Legion Post 95 Club License 953 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the liquor license renewal for American Legion Post 95, License 953, Club. 198 MEMORANDUM Date: November 30, 2020 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Acting Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Brenda Ballou, City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you.. Name of Business: American Legion Post#5 Licensee: American Legion Post#5 Type of License: Club License Number: 53 Department Status Initials Finance;'Leases �IGf � fl� y�l�`►�} 1T • r, 1 --a— to AM Firiance/Utilities (fiMpI,'A-ry Police Chief FIT Fire Chief * Deadline for Protest: January 26, 2021 * Last Council Meeting for Non-Objection: January 25, 2021 199 [) STATE Department q g y�#� �g g�{. gry+q pig�q t . .� 1 1 S:P L';E f 4 tip`E 6 of Commerce,e 31'6 Y 4;:�r, c, F 4 G s .n t ;. ,, a ALASKA �.� or�"rim, ve eC� i�,ele' ALCOHOL&MARIJUANA CONTROL OFFICE MIKA- .II N.11Av"1 S50 West 7`n Avenue,Suite 1600 Anchorage,AK 99501 Main:907.269.0350 November 27, 2020 City of Seward Kenai Peninsula Borough Via Email: bballojPcityofseward.net;jblankenship@kpb.us; Dhenry@kpb.us JRodgers@kpb.us ;SNess cuk b.us;joanne@borough.kenai.ak.us ;tshassetz@kpb.us; btaylor@kpb.us; Re: Notice of Liquor License Renewal Application [kenge Numb- ABA -1 Type City Borough com uNtycouncil 53 American Legion Post g5 1 CIO sewanl Kenai Penlnsda Borough NONE We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11,480 by furnishing the director and the applicant with a dear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaslca.gov 200 STATE OF ALASKA-ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE Nt"MBER FORM CONTROL XXXX ISSUED LIQUOR LICENSE . 53 11/26/2020 2021 - 2022 LI DE SERENEWAL APPLICATION7DUE ABC BOARD THIS LICENSE EXPIRES.M1DNIGH I i tEBRUARY 28.2023 UNLESS DATED BELOW TYPE OF LICENSE: Ckub LICENSE FEE: $1,200.00 1110 CITY/BOROUGH: Seward Kenai Peninsula Borough D/B/A: American Legion Post 45 —_. ._.. This license cannot be transferred without permission 400 F; th Avenue of the Alcoholic Beverage Control Board Mail Addre«- ,-ion Club Past*f [ ]Special restriction see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR 04-900(REV 9109) I'ttlS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA-ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx LIQUOR LICENS 53 ISSUED 2021 - 2022 IC?",NSERENLNV'\LAPPLICAI'IONL DL 11/26/2020 DEC EMBLR 31.2022(As 04.11 2'/0(h)l ABC BOARD THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28,2023 UNLESS DATED BELOW TYPE OF LICENSE: Club LICENSE FEE: $1,200.00 CITY/BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board D/B1A: [ ]Special restriction-see reverse side American Legion Past# ISSUED BY ORDER OF THE 400 Fifth Avenue ALCOHOLIC BEVERAGE CONTROL BOARD Mailing Address: American Legion Club Post#5 r()P PO Box 306 DID RT Seward, AK 99664 RIN LICENSF M4 jST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900(REV 9/09) 201 t1 Alcohol and Marijuana Control Office 6 C"a el. 550 W Th Avenue,Suite 1600 t1 Anchorage,AK 99501 aicohol.licensing@alaska.gov .. d ° httris://www.commerce.alaska.gov/web/amco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Doing Business As: American Legion Post #5 License Number: 53 License Type: Club Examiner: Randi Transaction#: 1378194 Document Received Completed Notes AB-17: Renewal Application 11/20 11/26 App and License Fees 11/20 11/20 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25:Supplier Cert (WS) AB-29:Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit COI/COC/5 Star FP Cards& Fees/A13-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order(package stores)? O Mailing address and contact information different than in database (if yes, update database)? In "Good Standing" with CBPL(skip this and next question for sole proprietor)? Officers and stockholders match CBPL and database (if"No", determine if transfer necessary)? �✓ LGB 1 Response: LGB 2 Response: ElWaive El Protest ❑ Lapsed Waive Protest Lapsed [Master Checklist:Renewal](rev 09/20/2018) Page 1 of 1 202 Alcohol and Marijuana D'fice Ir 55�G Avenue, ,* wte 1600 Anchor 99501 �` !:f€�:r.l �° aa19Ska. Gv(rrct�afnE'c Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Farm AB-17: 2021/2022 License Renewal Application • This form and any required supplemental forms must be completed,signed by the licensee,and postmarked no later than 12/31/2020 per AC 3i.r 160,with all required fees paid in full,or a non-refundable$500.00late fee applies. • c r'npletE [irat ;r, r renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS f.,.:.i_'i40,3AA • All fie ids of tN ;:;:;::cation must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents ' quired,or the<<s; ration will be returned without being processed,per AS O4,11.270,3 AAC 304.105 • Receipt and/or pray: z of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete,renewed,or that it will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee(owner): American Legion Club Post 5 licenses: 3 License Type: Club Doing Business As: American Legion host 5 Premises Address: 400 Fifth Ave, Seward, AK 99664 Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council None if your mailing address has changed,write the NEW address below: Mailing Address: PO Box 306 City: Seward I state: JAK I ZIP: 99664 Section 7 - Licensee Contact Infwmatllon Contact Licensee:The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license,unless the Optional contact is completed. Contact Licenses: Michael B Calhoon contact Phone: 907-362-2029 Contact Email: amedcanlegionpost5@gci.net gci.net Optional:If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license,list them below: Name o� (Iontact: Contact Phone: Contact Email: Nance of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: [Form AB47](rev09/23/2020) NG (I zi page 1 of 4 203 A Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application motion 2-Entity or Community Ownership Information of Proprietors �ski �thts S�tctLion_ Use the fink from Corporations, Business send Professional Licensing(CSPL)below to assist you in finding the Entity#. ht_tos ma n�seorch�entftues Alaska COPL Entity#: 88714D Any new or changes to Shareholder (10%.or more), Managers,Corporate Officers,Board of Directors. Partners,Controlling Interest ter Ownership of the bL:S'ylr icense must be re-ported to the ABC Board within 10days of the charq,,c,and must be accompanied by a full set of fingerprint,.,an�-131-approvecl c�nc sock, ock,AS-08a's, payment of W.25 for eao-� ncrw of�':c er with a date-stamped copy of the CBPL change AS 04,11.045,50 55,or a Notice of Violation will be issued to your establishment and your application will be returned. The only,exception to this is a Corporation who can meet the requirements set forth in AS 04.11.050(c). DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. • Corporations of qny type includmg oo,­, ;Yclfit must list ONLY the following: * All shareholders who own 10%or more stock in the corporation * Each President,Vice-President,Secretary,and Managing Officer regardless of percentage owned • Limited Liability Corporations,of In type must list ONLY the following: All Members with an ownership interest of 10%or more All Managers(of the LLC,not the DBA)regardless of percentageowned • Partnerships of any type, "imitedPartnerships must list ONLY the following: c. Each Partner wln�l an interest of ormore c All General regardless nf Pe7c�,rltage owned Important Not A vv vu%' t"h it)'- YOU must list full legal names,all required titles,phone number,percentage of shares owned(if applicable)and a full rna!1ing address for each official of your entity whose information we require.!fmare space€s_needed:attach additional_��m keted Copies of this Pa Re,Additional information not on this a e will.,..._ be rejected. j Name of Official: Clare M Sullivan Title(s)- President I Phone: 1907-362-2028 1 %Owned: N/A Mailing Address: PO Box 2089 ICity: ISeward I State: 1AK I ZIP: 199664 Name of Official: Robert Dunno, Title(s): Vice-President I Phone: 1907-362-1862 1 %Owned: I N/A Mailing Address: PO Box 2201 City: Seward 1AK - Z.I..P. 199664 Name of Official: Michael B Calhoon Title(s): Secretary/Mar Phone: 1907-362-2029 1 %Owned: I N/A Mailing Address: PO Box 2089 City: Seward State: IAK _ZlP__ 199664 AMCT [Form AB-171(rev09/23/2020) Page 2 of 4 204 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 3 - Sole Proprietor Ownership Information skip this section, Corporaticii-, "sand Pz,,:,�nershii)sof ALL kinds shoW,,., J PROUFDINC�:Any new or changes to the ownership of the business license must be reported to the ABC Board within LO des of the change and must be accompanied by a full set of flngcrr)- -;�,on Mt approved cardstock,A"8a's,payment of$48.25 for each new owner or officer and a date stamped copy of the C6PL chatn, AS 04.11.045,or a Notice of Violation will be issued to your establishment and your will be returned. Important Note.All entries"- taw nw5t match our fecards,or ycrwr appbcoil bti f C _11,ed per AS 04.11.270,3 AAC 304,105. You must list full legal names,phone number, and mailing address for each owner or partner whose information we require. If more space Is needed,attach additional copies of this page,Additional owners not listed on this page will be rejected. This Individual Is an.I lApplicant Name* Contact Phone., Mailing Address: City: State: Email: am �_ Affiliate I JApplic __T_]j This individual is ant Name: Contact Phone: Mailing Address: City: state: ZIP: Email: Section 4- License Operation Check ONE BOX for EACH CALENDAR YEAR that best describes how this liquor license was operated: 2019 2020 1, The 4cense was regularly Pnr,­;,tr­4 continuously throughout each year.(Year-round) 2. The;;,,:(-.:,,se was only operated cluriw a specific season eachVear.(Seawnal) �oerqtion�dares have charge -i list them below: F] to 3, The license was only operated to meet the minimum requirement of 240 total hours each calendar year. ❑ A.tom Tfete AB-30.,Proof of Minirnorn Operation Chmklist.and oltdogymentation must�berovidvd�wfth th�isorm, 4. The license was not operated at all or was not operated for at least the minimum requirement of 240total hours each year,during one or both calendaryears.A CoMpkL&Form AB 2, waiver of Qgr, an Applicgion vnC,crrresynn,?iri7 fees must be submitted with this uUr;itaira )or ea[t cojefTdw year during which license was nor,CL)Li meei If you have riot met the minimum number of hours of operation in 2020,you are not required to pay the fees,however a complete AB-29 is required with S�ctiori 2 marks and COVID is iisted as the reason. Section 5-Viollattom and ConvIctions Yes No Have ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been convicted of a violation of Title 04,3AAC 304 or a local ordinance adopted under AS 04.21.010 in 2019 or 2020? W1 ffycru_c 7L _4f-�L,Td,�ES p (�ST Z, aJM L_y_M__ _p_ jyqyargtuA��ei au have received any Notices of Wok tion.contact th a ice before submitting this form. A Cil IForm A8-17](rev09/23/2020) Page 3 of 4 205 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 6-Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304,and that this application,including all accompanyinG schecuies and statements,are true,correct,and complete. 0 1 agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do "iply with statutory or regulatory requirements, * I certify that all current licensees(as defined in AS 04.11.260 e5 have been listed on this �ir,,d that in accordance with AS 04.11.450,no one other than the licensee(S) or indirect fi-pndal interest in the licensed business. * I certify that this entity is in good standing with Corporations,Business and Professional L,ccrtsing(CBPQ and that ail entity officials and stakeholders are current and accurately listed,and I have provided AMCO with all required changes of Shareholders(10%ormore),Managers,Corporate Officers/Board of Directors,Partners,Controlling Interestor Ownership of the business license,and have provided all required documents for any new or changes in officers. 0 1 certify that all licensees,agents,and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current,valid copies of their course completion cards on the licensed premises during all working hours,if applicable for this license type as set forth In AS 04.21.025 and 3 AAC 304.465. # I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form pr vided b AM 0 is grounds for rejection or dental of this application or revocation of any license issued. 4� '13 4�j �ignature of Notary Public Michael B Calhoon LIC, Agotary Public in and for the State Printed name of licensee 4r 'Z�i Z //0 My commission expires: ellalo)R Subscribed'a'n' d'sworn to before me this�dayof. &100 20aL. Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25:Supplier Certification All renewal and supolemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS D4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: p—1$1200.00 Application lication Fee, J$300.00 1 Misc.Fee, Total Fees Due: $i 5w 00 [Form AB-171(revO9/23/2020) NOV 2 0 Page 4 of 4 206 Division of Corporations. Business and Professional Licensing https:1'wNt"-.comrnerce.alaska.gov/cbp/main/SearcliiEntitNiDetail/88714D Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska I Commerce I Corporations, Business, and P ufe s.sional Licensing/Sea i, al ase Download I Corporations`/Entity Details ENTITY ETAILS Names Type Marne Legal AMERICAN LEGION POST#5, THE AMERICAN LEGION, DEPARTMENT OF ALASKA, Name INCORPORATED Entity Type: Nonprofit Corporation Entity#: 88714D Status° Good Standing AK Formed Date: 9/22/2004 DurationlE.xpiration: Perpetual Home State: ALASKA Next Biennial Report Due: 7/2/2022 Entity Mailing Address: PO BOX 306, SEWARD, AK 99664 Entity Physical Address: 402 5TH AVE, SEWARD, AK 99664 Registered Agent q,"!F_t Marne: Michael Calhoon Registered ddress: PO BOX 2089. SEWARD, AK 99664 Registered Physical Address: 611 4TH AVE, SEWARD, AK 99664 Officials . .Show Former AK Entity# Name Titles Owned CLARE SULLIVAN President Daniel Oliver Director 207 1 of 2 11/20/2020. 1:27 PM Division of Corporations,Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/88714D AK Entity# Name Titles Owned David Joslin Director John Moline Director Melody Moline Treasurer MICHAEL CALHOON Secretary ROBERT DUNNO Vice president Documents Date Piled Type Filing Certificate 9i2 �2��4 Creation Filing Click to View 6r2uJ2006 Biennial Report Click to View 1/31/2009 Biennial Report Click to View 10/25/2010 Biennial Report Click to View 7/03/2012 Biennial Report Click to View 7/03/2012 Agent Change Click to View 10/01/2014 Biennial Report Click to View 1 0/0 1 1201 4 Agent Change Click to View 6/05/2016 Biennial Report Click to View 6/07/2018 Biennial Report Click to View 5/13/2020 Biennial Report Click to View COPYRIGHT© STATE OF ALASKA - DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 208 2 of 2 11/20/2020, 1:27 PM Alaska Business License 53 1 Alaska Department of Commerce,Community,and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify That AMERICAN LEGION POST #5 PO BOX 306, SEWARD,AK 99664 owned by AMERICAN LEGION POST#5,THE AMERICAN LEGION,DEPARTMENT OF ALASKA,INCORPORATED is licensed by the department to conduct business for the period October S,2020 to December 31.2022 for the following line(s)of business: 81-Services 1l,[YX' 7`ryF This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson tit Commissioner 209 k1J..Fe'7 ' STATE of T SKA + _ . A G139.�,[ & h. .1� .4u..8&ltk�a ✓4FA'�1.:.� .$. .E G :O�, -- , I;;. _ ._. ALCOHOL& MARIJUANA CONTROL OFFICE L �°` '✓�✓lV�c� ry _. �.l die -� ''E�J November 26, 2020 Owner: American Legion 01,10L,; Post 5 DBA: .-- nerican Legion Po -- Via email: americanlegionpost5@gci.net Re: Liquor License#53 Dear Applicant: I have received your application for renewal of your liquor license.Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough,and to any non-profit agencies who have requested notification of applications.The local governing body will have 60 days to protest the renewal of your license or waive protest. Your application will be scheduled for the January 2021 board meeting for Alcoholic Beverage Control Board consideration. The Zoom link and call-in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us via email at alcohol.licensing@aiasl<a.gov if you have any questions. Sincerely, Occupational Licensing Examiner 210 Agenda Statement Meeting Date: January 11, 2021 From: Brenda Ballou, City Clerk Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: Seward City Code 2.30.330 states that at the first meeting of each fiscal year,the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board(PACAB). If council fails to do this, the Board will cease to exist within thirty (30) days. RECOMMENDATION: Council approve this continuation and renew the Port and Commerce Advisory Board through January, 2022. 211 MEMORANDUM Meeting Date: January 11, 2021 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Appointment to the Planning & Zoning Commission BACKGROUND & JUSTIFICATION Following the Municipal Election held in October, 2020, the Planning & Zoning Commission experienced a vacancy when Liz DeMoss was elected to City Council and resigned from P&Z. The single vacant seat on the Planning & Zoning Commission has been publically noticed and advertised in the weekly City Calendar ever since. The City Clerk has received three (3) applications from residents of Seward who are interested in serving: Brad Snowden, Vanessa Verhey, and Suzi Towsley. Council will vote and appoint one person from the three applicants to serve the remainder of the vacant term which will expire in February, 2023. RECOMMENDATION Council vote to determine which applicant should fill the Planning&Zoning Commission vacancy with a term expiring in February, 2023. PROCEDURE The City Clerk will pass out ballots. Each council member should vote for ONE person to fill the vacancy. Sign the ballot and then pass it to the City Clerk to be read aloud and tallied. In accordance with Seward City Code 2.10.40,2.30.210, and Seward Charter 3.5,an applicant must receive at least four of the votes to be appointed. SCC 2.30.210 states the council appoints by ballot voting if there is more than one applicant for the position. 212 RECEIVED CITY OF SEWARD, ALASKA DEC 0 8 2020 APPLICATION FOR THE OFFICE OF THE SEWARD PLANNING AND ZONING COMM SSIOW,-1 .CL2RK NAME: STREET ADDRESS: 4W. .D T`� ��'-- MAILING ADDRESS. c . L HOME TELEPHONE- )'"� 12 9�� PHONE: / E-MAIL ADDRESS:b �L`�Cc � FAX: Jam.. 5"f�C>t� -�.A'tt� � �°°��►''[at��r'C n o'�L HOW LONG IN THE CITY LIMITS OF SEWARD: <'Irlj PRESENTLY EMPLOYED AT: �� List any special training, educati.lon or backgro d you have w ich may help you as a me er of� Commission r`- Ze r- � � } l f a ✓ � � ,�� �� �q Have you ever developed real property, other than your own persoAal res' ence? f so, nefl desc 'b the velapmen : v'6r L? I ippecifically interested in erving on the Plannin and Zo 'ng Comm'ission.beca se: / rJ c Est Have you ever served on a similar commission elsewhere? Yes r If so, where? And when? Are you available for meetings Tuesday evenings? l S If appointed, are you willing to travel: C-`-O—rten 1--�ceasionally Rarely Never z) ignature Date 213 RECEIVED CITY OF SEWARD, ALASKA DEC 2 2 Z020 APPLICATION FOR THE OFFICE OF THE SEWARD PLANNING AND ZONING COMMISSION CITY GLE11V bill', AME: SS �)Zr6� STREET ADDRESS: 3E0 �:J -�• MAILING ADDRESS: fJox' 1��? HOME TELEPHONE: a` O BUSINESS PHONE: E-MAIL ` � ADDRESS: _V&A .I. Y I FAX: HOW LONG IN THE CITY LIMITS OF SEWARD: PRESENTLY EMPLOYED AT:_AIA.A _ 2 5 A` L unk LL y-,-D-y-� List any special training, education or background you have which may help you as a member of the Commission. Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: Lit J ' � k I AyAkiyjr �r 610 4-11u s ag I WbQ .., 4-r�x.cza� . I m specifically interestedmo in serving on the Planning and Zoning Commission because: S-h-,t d-z cra.Q Have you ever served on a similar commission elsewhere? Yes orc- If so, where? And when? Are you available for meetings Tuesday evenings? y R-S If appointed, are you willing to travel: Often X Occasionally Rarely Never v�'L W- . I-- Signature Date 214 RECEIVED CITY OF SEWARD, ALASKA JAN 0 4 2021 APPLICATION FOR THE OFFICE OF THE SEWARD PLANNING AND ZONING COMMISSION CITY CLERK NAME: n5uz STREET ADDRESS: �� CSL( ✓ �' ��,�C-�'� MAILING ADDRESS: � � HOME TELEPHONE:6?CT 36,2'7V%us MESS PHONE: E-MAIL ADDRESS: � �r • �� AX: HOW LONG IN THE CITY LIMITS OF SEWARD: " i6 PRESENTLY EMPLOYED AT: > List any special training, education or background you have which may hel you as a member of the Commission. Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: it1� I al�pecifically interested in serving on the Plan ing and oning Commi sion because: Have you ever served on a similar commission elsewhere? Yes o To If so, where? And when? Are you available for meetings Tuesday evenings? If appointed, are you willing to travel: Often Occasionall Rarely Never c V'l l77 / �2Jb Si at Date 215 COUNCIL AGENDA STATEMENT Meeting Date: January 11, 2021 To: Seward City Council From: Council Members Casagranda& DeMoss Agenda Item: Create an inventory of all electric and water meters by physical location and description of meter type. BACKGROUND & JUSTIFICATION: In 2018,the City of Seward hired National Metering to complete a meter exchange with meters that were given to the City of Seward from the City of Kodiak. Amid the meter exchange,administration brought forward a change order in the amount of$75,000. This change order was intended to change the contract-rather than placing like meters with like meters to all users-to replace property's that conduct business, regardless of potential demand usage, with demand meters. The intent was to ensure all businesses had a demand meter and the only non-demand meters within the utility were to be for residential use only. The administration announced to council, in the spring of 2019, that the meter exchange was complete, and all properties used for business purposes now had a demand meter that was programmed properly and reading power factor. It has recently been discovered that there is inconsistency in the fairness and equality of how the meters were exchanged. The City Council has recently hired rate studyies for water, sewer, and electric rates. To assure all rate payers are properly classified,the administration needs to complete a location audit of all electric and water meters. INTENT: To give the city manager direction to: hire a privately contracted meter reader, NTE $5,000, to complete an electric meter location audit; direct public works to complete a water meter location audit; and,direct the finance department to complete an audit of the electric,water and sewer utility billing,prior to the forensic audit. CONSISTENCY CHECKLIST: Where applicable, this is consistent with the Seward City Code, Charter, Comprehensive Plans, Strategic Plan and City Council Rules of Procedures. 216 FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: 1) Direct the City Manager to hire an experienced, contracted,meter reader to complete a location audit of all electric meters. 2) Direct the City Manager to complete an in-house audit of all water meters. 3)Direct the City Manager complete a financial,in-house audit based on site visit data collected and all Seward Public Utility bills for February 2019. Recommended Inventory Forms on the following pages. 217 ELECTRIC METER INVENTORY Address: (completed by finance) Electric Meter 4: (completed by finance) Answer the following yes or no: Demand Meter: Residence ONLY: Does this address have multiple meters at one address: If address has multiple meters, list all meter numbers below: Meter 4: (completed by finance) Demand: (yes/no) 1) 2) 3) 4) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 218 WATER METER INVENTORY To be complete for every property that has a water meter read by Seward Water Department: Address: Water meter# Water main size: 219 MEMORANDUM Meeting Date: January 11, 2021 From: Brenda Ballou, City Clerk Agenda Item: City Manager Recruitment Update &Next Steps BACKGROUND &JUSTIFICATION In November, 2020, the City Council chose to engage GovHR to recruit a new, permanent city manager following the departure of former city manager Scott Meszaros. A council committee reviewed the draft promotional and recruitment information and suggested some updates, which were approved by council and then forwarded to GovHR. The recruitment for the position was launched on December 1, 2020. The application period closed on January 4, 2021, and GovHR reported that they had received 58 applications for the position from all around the country.Following an initial review, 16 applications were determined to be "Five Star" candidates, and 10 were "Four Star" candidates. GovHR is currently in the process of conducting background checks and initial screening interviews,which will take approximately two weeks to complete. GovHR will then furnish council with a"short list" of the most qualified candidates.They anticipate presenting between 6-8 top candidates for consideration.With that information,council can conduct initial interviews with those candidates in one of two ways: • SparkHire (interview questions are provided to the candidates and they video record themselves answering the questions), or • Zoom (candidates are interviewed live with council asking the questions). While GovHR is working on the vetting process, council has the opportunity to review the draft interview questions provided by GovHR and determine which questions would be best suited for the candidate interviews. GovHR suggest council select 15-17 questions for a one-hour interview. RECOMMENDATION Council review the draft interview questions and make selections. Council decide which preliminary interview format they wish to use: SparkHire or Zoom. 220 GovH R USA GovTEMPS USA Seward, AK—City Manager Recruitment and Selection Process Proposed Schedule December 15t City Manager Ad is Posted January 4th Deadline for Resumes January 5 - 15 Candidate review, due diligence and video interviews conducted by consultants. February 15t Electronic recruitment report sent to Seward. Week of February 8th Recruitment Report reviewed with Seward and City selects candidates to interview. Mid/End February Interviews for City Manager. End of February Second Interviews, if needed. March Appointment and Start Date Selected. 630 Dundee Road,Suite 130,Northbrook,IL 60062 Local:847.380.3240 Toll Free:855.68GovHR (855.684.6847) Fax:866.401.3100 GovHRUSA.com EXECUTIVE RECRUITMENT INTERIM STAFFING 22MANAGEMENT AND HUMAN RESOURCE CONSULTING Seward, AK—City Manager GovHR USA Interview Questions Ell GOVTEMPSUSA Candidate: Opening Remarks to Each Candidate Introductory Questions 1. Tell us a little bit about yourself and why are you interested in this position at this point in your career? 2. If you came on board as the City Manager, what would you expect to do in the first six months on thejob? 3. How would you get to know the elected officials, department head team and employees and establish rapport with them? How have you done this in the past? General Management 1. Describe your approach to local government management? 2. What do you think is the most important role of a City Manager? 3. Describe your approach to project management and organization? How do you keep yourself and others on track? 4. Describe your leadership and management style? How do you respond to concerns that are brought to your attention? 5. What do you see as emerging issues in local government nationally and in Seward? 6. If you were our City Manager, what advice would you seek out from our management staff and elected officials in your first month on the job? What would you find most helpful to learn? 7. What is one management achievement you are most proud of? 8. What has been your biggest management misstep? Describe the situation and lessons learned. 9. Describe the tools and methods you would use to keep the elected officials up to speed on City matters and developing uses? 10. What does government transparency mean to you? What specific measures have you used in your current or past organizations to ensure transparency. Finance Management 1. Describe your approach to financial management and developing/overseeing a municipal budget? 2. Share an example of a time when you had to address a budget shortfall —how did you accomplish it? 3. What is your approach to budget development? 4. Describe your experience in developing capital plans and funding sources and in coordinating and managing large capital projects. 5. What is one achievement in fiscal management that you are most proud of? 6. Can you provide an example of two of the successes you, and/or your staff have had in securing grants or other creative means of financing municipal projects? 222 Seward, AK—City Manager GovHR USA Interview Questions Ell GovTEMPS USA 7. When you think about the fallout from the pandemic, what do you think are some of the biggest threats to Seward's financial picture. What measures would you implement to mitigate those threats? 8. Tell us a story that you believe illustrates your skills in being a strong municipal money manager. Municipal Utilities 1. Tell us about your experience in overseeing or having a hand in managing utilities. 2. If you do not have any direct experience, how would you go about understanding utilities, their customer base, and capital needs. 3. Although we are a small City, Seward is responsible for providing a full range of public services, including municipal utilities and other proprietary operations. Please describe your experience in these areas. 4. What do you think are some of the challenges of having our own City utilities? Community and Economic Development 1. What experience do you have in Community and Economic Development? 2. Have you ever been involved in the development of housing or businesses and ensuring appropriate diversification of the local economy? 3. In your view, and by example from your work,what are some of the key efforts local governments can make to help retain local business? 4. What is one achievement in community planning and/or economic development that you are most proud of? Community Engagement 1. How would you go about building effective relationships with and among stakeholders in our community? 2. Please explain a time you have led or been a part of a community engagement effort? What was your role and what was the outcome of the process? 3. Community involvement is important in Seward — please explain how you plan to be accessible to the public? 4. How do you respond to a citizen that walks into the City Hall asking to meet with the Manager over a customer service issue? 5. Please describe the types of community involvement—professionally and personally—that you have had in your current and past positions. Technology 1. Can you describe a time that you have used technology to update or streamline a process? 2. What experience do you have in utilizing data and technology to evaluate local government services for their efficiency and effectiveness? 3. What has been your experience in upgrading technology for any of the organizations that you have worked for? What is the toughest "sell" —getting elected officials to buy into it or getting employees to use it. 223 Seward, AK—City Manager GovHR USA Interview Questions Ell GOVTEMPSUSA Diversity, Equity, Inclusion and Organizational Development 1. What initiatives have you advanced to ensure that the values inherent in diversity, equity and inclusion are a part of the organizational culture where you work? 2. What is your approach to organizational development in a large organization? Labor Relations 1. What specific experience, exposure and understanding do you have of labor relations issues and maintaining employee/union relationships? 2. How would you establish an environment of trust with Seward's labor unions while still advocating for management? 3. Can you provide an example of a successful grievance or contract negotiation that you have been a part of? Leadership and Team Focus 1. Can you share an example of how you have fostered interdepartmental cooperation in your current or past roles? 2. What do you need from your supervisors (elected officials) to be effective in your position? 3. How do you manage situations when policies appear to conflict with you (or your staffs) desire or opinion? What is your stance on bending the rules? 4. Sometimes, you have to make decisions that are not as clear as choosing what is the best possible solution, how have you handled when making an undesirable choice is still the best choice you might have? 5. How do you react when the governing body does not follow the recommendations of staff and directs another course of action? Provide an example, if possible. 6. Tell us about a time you handled a situation in which an employee did not perform up to your expectations? 7. Tell us about a time you had to "referee" a conflict between two department heads or two elected officials. What were the circumstances and how did you resolve the matter? 8. How do you keep all your department heads feeling like they are all part of the same team? 9. Talk about a time when you had to work closely with someone whose personality was very different than yours. Closing 1. Do you have any questions for us? 224 Memorandum Date: January 11, 2021 From: Brenda Ballou, City Clerk RE: Mayor to appoint two Council Members to the Tabulation Team for the City Clerk evaluation to be held February 8, 2021 HISTORY Annual evaluations for the city manager, city attorney, and city clerk are scheduled in January, February and March of each year, or as directed by Council. Historically, there has been no consistent order assigned for which evaluation comes first, second, and third. At this time, there is no permanent city manager so there is no evaluation to be conducted for that position. The city clerk and city attorney have discussed the timing of their evaluations and determined the city clerk would be evaluated on February 8, 2021 and the city attorney would be evaluated on March 8, 2021, as long as there is no objection from council. BACKGROUND CITY COUNCIL RULES OF PROCEDURES - RULE 16. EVALUATION OF APPOINTED OFFICIALS OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS Annual Evaluation Session: This annual meeting should be scheduled in January, February and March of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This evaluation is regularly-scheduled and follows this process: 1. Self-Evaluation: The employee shall complete a self-evaluation using his/her respective blank evaluation form as a guide. He/she may write comments rather than use the rating system if he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies of these self-evaluation reports to the council members no less than two (2)weeks prior to the actual Annual Evaluation Session. 2. Council Evaluation: No less than two (2) weeks prior to the employee's evaluation date, the City Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of the council members' scoring and comments will be assigned to two appointed council members; these two people form the tabulation team. Completed evaluation forms should be turned in to the tabulation team no less than three (3) days prior to the Annual Evaluation Session. 225 3. Evaluation Tabulation: The tabulation team will tally and average the scores, and combine all comments anonymously onto one tabulated evaluation form. This tabulated form should be made available for Council members at the Annual Evaluation Session. 4. Evaluation & Goal Setting In Executive Session: The Annual Evaluation Session will be held in Executive Session and the time scheduled for the Evaluation Session should be sufficient to do the job in a professional manner. "Round Robin" comments by Council members are permitted. It is also during the Annual Evaluation Session that the employee's goals are discussed and agreed upon by all parties. 5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation Session, the tabulation team should create a final draft of the employee's tabulated evaluation form that also includes the agreed-upon goals, tabulated score, and comments, and should meet with the employee to review. At this meeting, the tabulation team and the employee will sign the document as an acknowledgement of the understanding. The final step will be for Council to determine any personnel decisions as a result of the evaluation, to conduct an assessment of the evaluation process and suggest amendments to the procedures, if necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins. DISPOSITION OF EVALUATION FORMS Certain information concerning the performance of an individual being evaluated under these procedures is not a public record, except as described in this section, and is not subject to disclosure under AS 40.25. Individual Council evaluation forms and the employee's self-evaluation forms are to be destroyed after executive session by the tabulation team. These forms are not considered a public record. Overall tabulation forms and criteria forms are considered a public record, as well as these procedures and shall be maintained in the employee's contract folder. RECOMMENDATION Mayor to appoint two Council Members to form the Tabulation Team for ther city clerk evaluation. 226 106 Council Agenda Statement Meeting Date: January 11, 2021 To: Seward City Council From: Council Members Casagranda& DeMoss Agenda Item: Issue a Request for Proposals (RFP) for a Three-Tier Forensic Audit of the City's Water, Sewer/Wastewater, and Electric Utility Billing for the Years 2018-2020. BACKGROUND & JUSTIFICATION: The City of Seward has been operating without a qualified finance director for 14 months. The finance director of 25+years retired in June, 2019. A new finance director was hired in January, 2020 and terminated at the end of April,2020.Upon termination of the most recent finance director, the City Council directed the City Manager to hire a contracted firm to fill in as the finance director. Instead, the City Manager hired a CPA firm to work on an as needed basis. Since June, 2020, the City of Seward has only utilized 40 hours of the contracted service. The 2019 City of Seward audit firm reviewed,at random,39 utility bills. The audit firm reported to the City Council that the City's 2019 finances were materially correct, and the City received an unmodified opinion. With delayed completion and numerous change orders of the 2018 meter exchange,the constant changing seasonal rates,the lack of resolutions brought to City Council for water and sewer tariff changes for 2019 and 2020, concerns from rate payers not being able to read or understand their bills,as well as the recent discovery of billing errors, it is concluded that it is in the best interest of rate payers to go out for RFP for a 3-tier forensic audit of the City's utility billing. INTENT: To direct the City Manager to issue an RFP for a 3-tier forensic audit of the City's water, sewer and electric utility billing (to include, but not limited to tariffs, transmission line loss, policy for the placement of demand meters and the allocation of ERU's, to ensure all rate payers with a demand meter are being billed properly, and that all rate payers are being billed fairly and equitably)for the years of 2018-2020, 3 years total. Administration shall bring the RFP to Council for review and acceptance at the next regularly scheduled City Council meeting on January 25, 2020. The Clerk's office is directed to delay the scheduled destruction of all public records until directed by City Council to resume. CONSISTENCY CHECKLIST: Where applicable, this is consistent with the Seward City Code, Charter, Comprehensive Plans, Strategic Plan and City Council Rules of Procedures. 227 FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council vote to direct the City Manager to issue an RFP for a 3 Tier forensic audit of the City of Seward's Water, Sewer/Wastewater, and Electric Utility Billing for the Years 2018-2020. 228 Council Agenda Statement Meeting Date: January 11, 2021 From: Christy Terry, Seward Mayor Agenda Item: Respond to Inquiry Regarding GCI Seward Cable Channel BACKGROUND & JUSTIFICATION: GCI reached out to myself as the Mayor on December 11t'regarding providing the Seward Cable Channel- please refer to their email attached. I forward the email to the Clerk and asked that it be placed on the January 11,2021 Council Meeting for Council review and official action. This is the first Council Meeting since their request for comment, and is being held before their deadline to respond. Currently,Council Meetings are broadcast via GCI Cable Channel,FM91.7 over the radio and also via an app, YouTube and Facebook. The City Clerk did send the information out to the City notification email list for citizens to respond directly. This agenda item allows for more public input and notification, and will provide official response regarding continuing the channel by the governing body as requested. INTENT: Respond to inquiry from GCI regarding continuing to carry Seward Cable Channel for broadcasting Seward City Council Meetings. 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. Other: FISCAL NOTE: There are equipment costs of the service with maintaining video and sound equipment for broadcast. GCI provides channel only. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Discuss and make recommendation back to Peter Roberts by January 22,2020 if Council wishes to ask GCI to continue to carry the Seward Cable Channel. 229 Seward cable channel notification Page 1 of I Seward cable channel notification Robin Estrada [restrada@gci.com] on behalf of Brad Houser [bhouser@gci.com] Sent: Friday,December 11,2020 12:14 PM To: Christy Terry Exrarn;!Email-This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. December 11,2020 The Honorable Mayor of Seward Mayor Christy Terry Subject:Seward cable channel notification Dear Mayor: We are contacting you regarding your Seward cable channel. The Seward cable channel is currently being carried on GCI's video service channel number 9. GCI has appreciated providing local community channels around the state,which have historically been an efficient way to get content out to local communities. We also understand, however, that there are newer technologies available to support video streaming, like YouTube and Facebook. It is our understanding that there is limited video programming of 1 to 2 hours each Monday covering city council meetings. The remaining time there is no video programming. We are undertaking an effort to improve customer experience by eliminating community channels that are no longer desired by local communities. We wanted to check with you to determine whether you would like us to continue carrying your local content on our cable TV system. GCI is committed to supporting our local communities. Please contact, Peter Roberts at ,,....,..., by January 22, 2020 to let us know whether you wish us to continue carrying the Seward cable channel. Regards, &X4 KSV Brad Houser VP, Integrated Products Product Management ROBIN ESTRADA G I Senior Executive Administrator for Product Management t:907-868-1549 1 w: Spam Phish/Fraud Not spam For,�eett previous vote 230 https://mail.cityofseward.net/owa/?ae=Item&t=IPM.Note&id=RgAAAACgyhumKBCfSpt6... 1/4/2021 Email sent by City Clerk to Community Email Distribution List on December 15, 2020 TO THE SEWARD COMMUNITY GCI is currently reviewing the viability of continuing the Channel 9 local broadcasting program. This is the local cable channel that televises City Council meetings and work sessions, Boards & Commissions meetings and work sessions, and Meet The Candidates Night. If you wish to provide feedback to GCI on whether you want this service to our community continued, please send an email to the address below highlighted in yellow. The deadline for feedback is January 22, 2021. External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. December 11, 2020 The Honorable Mayor of Seward Mayor Christy Terry christy@citvofseward.net Subject: Seward cable channel notification Dear Mayor: We are contacting you regarding your Seward cable channel. The Seward cable channel is currently being carried on GCI's video service channel number 9. GCI has appreciated providing local community channels around the state, which have historically been an efficient way to get content out to local communities. We also understand, however, that there are newer technologies available to support video streaming, like YouTube and Facebook. It is our understanding that there is limited video programming of 1 to 2 hours each Monday covering city council meetings. The remaining time there is no video programming. We are undertaking an effort to improve customer experience by eliminating community channels that are no longer desired by local communities. We wanted to check with you to determine whether you would like us to continue carrying your local content on our cable TV system. GCI is committed to supporting our local communities. Please contact, Peter Roberts at proberts@gci.com, by January 22, 2020 to let us know whether you wish us to continue carrying the Seward cable channel. Regards, 231 Email sent by City Clerk to Community Email Distribution List on December 15, 2020 fWaj R6(AStX Brad Houser VP, Integrated Products Product Management ROBIN ESTRADA GCI I Senior Executive Administrator for Product Management t:907-868-1549 1 w:www.gci.com 232 CITY CLERK'S REPORT -2020 YEAR-END SUMMARY Requests for Public Records 2020 2019 2018 Total Number of Requests Received 136 153 191 Police Report Request 69 51% 71 46% 84 44% Non-Police Request 67 49% 82 54% 107 56% Non-Police Report Requests Routed 2020 2019 2018 (numbers can add up to more than above Total due to one request being routed to multiple depts.) Finance 5 2 21 Harbor 10 5 4 Building 20 11 1 Fire Department 18 6 0 Community Development 12 6 2 Clerk 14 20 26 Human Resources 5 8 4 Electric 4 2 6 City Manager 12 26 89 Police Chief 0 1 1 Public Works 5 2 3 Parks & Recreation 0 1 5 MIS 8 0 0 City Attorney 14 0 9 *In September, 2019, City Manager Scott Meszaros requested that the City Clerk distribute all public records requests directly to the appropriate department head, with a cc to the city manager. Police reports continue to be sent directly to the Lieutenant and Sergeant. as of 12/31/2020 kmc 233 21 January 20 21 uJanuary e T Februarye Th Su M. 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