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10132014 City Council Packet
Seward City Council Agenda Packet * al° Alaska Day Observed 10/17 October 13, 2014 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska bikitg CITY COUNCIL MEETING AGENDA oaf sek. on-Arne/Ica CNY � '� 'I I J {Please silence all cellular phones and pagers during the meeting} a P October 13, 2014 7:00 P.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2014 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards Council Member Term Expires 2015 1. Pat Williams Memoriam Proclamation Pg. 4 Dale Butts B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2014 D. City Attorney's Report E. Other Reports and Presentations Iris Darling Council Member 1. Presentation by Ryan Johnson, student exchange Term Expires 2015 participant Pg. 5 *Appointment Expires 2014 2. Presentation by Tom Tougas Re: Vote No on 2 (Terry) James Hunt City Manager Johanna Kinney City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda October 13, 2014 Page 1 7. PUBLIC HEARINGS—None 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2014-076, Authorizing The City Manager To Enter Into A Consent To Assignment To Seward Lodging III, LLC To The Lease Agreement 04-017 With Charles S. Bald, For 8,357 Square Feet, Lot 6, Block 1, Marina Subdivision, Kenai Peninsula Borough Plat S-51, Seward Recording District, Third Judicial District, State Of Alaska. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting following a public hearing. The original motion was made by Terry and seconded by Casagranda.) Pg. 7 2. Resolution 2014-078, Authorizing The Purchase Of A Replacement Vehicle For The Public Works Department, Unit #131, In An Amount Not-To-Exceed $31,865 Utilizing The State Of Alaska Department Of Transportation Contract #1900-14-2. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting. The original motion was made by Keil and seconded by Casagranda.) Pg. 15 3. Resolution 2014-079, Authorizing The Purchase Of A Replacement Vehicle For The Public Works Department, Unit #120, In An Amount Not-To-Exceed $29,557 Utilizing The State Of Alaska Department Of Transportation Contract #1900-14-2. (Clerk's Note: This resolution was postponed at the September 22, 2014 meeting. The original motion was made by Keil and seconded by Casagranda.) .Pg. 30 9. NEW BUSINESS A. Resolutions 1. Resolution 2014-081, Authorizing The City Manager To Accept Grant Funds From The Alaska Division Of Homeland Security And Emergency Management In The Amount Of $65,461.90 For Purchase Of Vehicle Extrication Equipment And Appropriating FundsPg. 46 2. Resolution 2014-082, Authorizing Expenditures In An Amount Not To Exceed $20,000 To Relocate Seward's State Of Alaska, Department Of Motor Vehicle Office And Renovate Office Space, And Appropriating Funds Pg. 51 3. Resolution 2014-083, Approving The Seward Community Health Center 2015 Budget In Accordance With Section 330 Of The Public Health Service Act, And As Required By The Co-Applicant Agreement Between The City Of Seward And The Seward Community Health Center Pg. 53 4. Resolution 2014-084, Authorizing Payment In The Amount Of $469,615.22 In Accordance With The Project Cooperation Agreement Between The City Of Seward And The Us Army Corps Of Engineers, Representing The Remainder Of The Initial 10% City Cost Share On The Breakwater Construction Project, And Appropriating Funds Pg. 61 5. Resolution 2014-085, Opposing The Passage Of The Initiative Recreational Marijuana City of Seward, Alaska Council Agenda October 13, 2014 Page 2 In Alaska And Urging Voters To Defeat Ballot Measure 2. (Sponsored by Council Member Terry) pg. 68 B. Other New Business Items *1. Approval of the August 11, 2014 and August 25, 2014 Regular City Council Meeting Minutes and the August 25, 2014 Special City Council Meeting Minutes .P . 123 g *2. Certification of the October 7, 2014 City of Seward Election Pg. 144 *3. Appoint Margaret Anderson to the Planning and Zoning Commission with a term expiring February 2015 Pg. 147 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Providence Seward Medical Center Financial Report for August 2014.. Pg. 148 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda October 13, 2014 Page 3 tfa aicritaleiam atriehz Awed Oetase 20, /909- Olotewriew /8, 20/ Patricia Ray Williams was born in Valdez, Alaska on October 20, 1909 and moved to Seward with her parents, L. V and Hazel Sheldon Ray, when she was nine months old. Pat helped found the Resurrection Bay Historical Society, and worked to nominate a mountain in Moose Pass, Alaska to be named after her father. On August 26, 2014, there was a dedication ceremony naming L. V. Ray Peak. Pat chronicled her own life in her autobiography, "There's a Freedom Here: My 100 Years in Alaska." Pat's daughter, Pat Erickson, said of her mother, "She was more Seward's than ours. She was an Alaskan and a Sewardite. "Pat was a dear friend of the community and a tireless advocate of all things Seward Patricia Ray Williams, one of Alaska's longest living residents, will be greatly missed throughout the state of Alaska and especially in Seward There will be a Celebration of Life to honor Pat on what would have been her 105th birthday on October 20, 2014 in the Community Room of the Seward Community Library and Museum from 6:00 to 8:00 p.m. Afterward, there will be a bonfire on the waterfront across from Pat Williams Park. On behalf of the Seward City Council, we hereby present this Special Recognition in Memoriam to the family of Patricia Williams and extend our sincere condolences. Dated this 13th day of October, 2014. Iris Darling, Councilmember Dale Butts, Councilmember David Squires, Councilmember Christy Terry, Councilmember Ristine Casagranda, Councilmember Marianna Keil, Vice Mayor Jean Barran,Mayor My Summer in Obihiro By Ryan Johnson This summer I was selected to be a part of the Seward-Obihiro program where I got to visit and tour Japan for a week. There I got to experience many things like tasting new foods, observing Japanese lifestyle and being able to tour around Obihiro. The experience was very great and enjoyable and I would most definitely return to Obihiro again should the opportunity present itself. The trip has given me many good memories that I will remember for the rest of my life. While I was there I got to observe many local traditions, I even got to participate in a couple of them. There was the Heigen Festival where I got to carry the Mihoshi, though I was shorter than all the men who were carrying the Mihoshi (a shrine) so I settled for holding on to it instead. While I was holding the Mihoshi people sprayed me and the rest of the men with sake and tossed wheat bundles at us, it was an interesting experience. Then there was the Bon Odori festival where I got to do the Bon Odori dance for a couple of hours. It was easy and simple to do even while wearing a yukata, a casual summer kimono. Each of the homestay families that I was staying with had all taken me to different places while I was there. One of the families had taken me to the Obihiro race track; the horse races there involved the horses racing while pulling a weighted sled behind them. Another family had taken me to an Onsen where I got to soak in a hot spring, I could barely handle the heat of the water because it was so hot but it was interesting. Another family had taken me out to a park golf course where we played park golf; it was very relaxing and a nice way to spend time with the family. I was taken out to a Korean dinner by one of the families;a Korean dinner involves placing food such as raw beef or pork on a grill and eating it right out of it when it was cooked. My most favorite thing about the trip was staying with the homestay families. Each of the families I stayed with made a great effort to make me feel like I was a one of them or a part of the family. I got to participate in various activities with the families like playing video games or watching movies and TV shows together. They also made a great effort to speak English with me, some did better than others but I am thankful for their efforts in speaking English regardless. They were also very patient with me when there was something I did not understand. They were all so very friendly caring, I remember that I had gotten sick one night and they all took care of me like taking my temperature and giving me cold ice packs when I was feeling ill. Overall they all provided a friendly and caring atmosphere during my stay in Obihiro and for that I am grateful to all of them. It is safe to say that participating in the Seward-Obihiro exchange program is one of the best decisions that I have made in my entire life. If anybody wishes to participate in the program then I would gladly support that decision. I guarantee that anybody who does participate in the program will have a wonderful time in Obihiro whether it is trying new foods or sight-seeing, the experience will be err memorable and pleasant. If I could give any tips for those who aspire to join the program it would be these: Learn a bit of Japanese, you don't have to be an expert but knowing some is always helpful and makes things easier, don't worry about the weather since you'll get used to the heat and humidity, do not be afraid to ask for help if you are concerned or need something because people in Obihiro are very friendly and would not hesitate to help you if you need it, and finally: have fun and enjoy the experience while you are there. Thank you American Legion, Seward Community Foundation, and Holland American Lines for all the donations and grants you have contributed to the program and making it possible. I would also like to thank Jim Herbert and SIFA, without you I would not have been able to participate in the program without your support. Sincerely, Ryan Johnson lok a,,, Sponsored by: Hunt Postponed to: October 13, 2014 CITY OF SEWARD,ALASKA RESOLUTION 2014-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSENT TO ASSIGNMENT TO SEWARD LODGING III, LLC TO THE LEASE AGREEMENT 04-017 WITH CHARLES S. BALD, FOR 8,357 SQUARE FEET, LOT 6, BLOCK 1, MARINA SUBDIVISION, KENAI PENINSULA BOROUGH PLAT S-51, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, Charles S. Bald ("Lessee")has requested an assignment to Seward Lodging III, LLC of his existing lease agreement with the City of Seward for 8,357 square feet, more or less, Lot 6, Block 1, Marina Subdivision, Kenai Peninsula Borough Plat S-51 Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the current lease has been in effect since March 24, 2004; and WHEREAS, Section 14 of the Lease provides that the Lessee shall have the right to assign the lease upon findings by the council that use is: (a) compatible of the use of adjacent lands; (b) a permitted use under existing zoning regulations and comprehensive land use plan; and (c) found to be in the public interest; and WHEREAS, use of the land for a restaurant is compatible with the use for adjacent lands. The City of Seward previously approved the restaurant and use; and WHEREAS, the restaurant is a permitted use under the City's existing zoning regulations and comprehensive land use plan; and WHEREAS, the restaurant provides food to local citizens and visitors to Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Consent to Assignment to Seward Lodging III, LLC , in substantially the form as attached hereto. Section 2. The recitals set forth above are incorporated herein by reference and adopted as findings of the City Council. For the reasons stated, an assignment to Seward Lodging III, LLC, in the form presented at this meeting will be in the public interest. Section 3. This resolution shall take effect 30 days from the date and posting of adoption. Council Agenda Statement y of Sett, Meeting Date: September 22, 2014 (.3` '�'�"`��' o Through: City Manager Jim Hunt ,�p BASK From: Harbormaster, Mack Funk Agenda Item: Consent to Assignment of Lease from Charles Scott Bald d/b/a the Marina Restaurant to Seward Lodging III, LLC BACKGROUND & JUSTIFICATION: Charles S. Bald currently has a lease for 8,357 square feet, more or less, Lot 6, Block 1, Marina Subdivision,Kenai Peninsula Borough Plat S-51,Seward Recording District,Third Judicial District, State of Alaska. This leased area is located at 1321 4th Avenue and the lease extends through March 24, 2034. Now,Bald has requested approval of a lease assignment to Seward Lodging III,LLC,because Bald has sold the business. Article 14 of the lease allows lease assignments upon findings by council that use is: (a) compatible with the use of adjacent lands; (b) a permitted use under existing zoning regulations and comprehensive land use plan; and (c) found to be in the public interest. This assignment does not change the rights of the adjoining parcels. INTENT: To approve a Consent of Assignment to Seward Lodging III, LLC CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): no change in land use X 2. Strategic Plan (document source here): no change in land use X 3. Other (list): FISCAL NOTE: The rate for this lease was increased to $10,800 per year in 2010. The parcel is scheduled for reappraisal in 2015. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2014-V1 approving the assignment of lease number 04-017 with Charles S. Bald to Seward Lodging III, LLC. 09/18/2014 12:33 9072765093 WBCB PAGE 02 ASSIGNMENT OF LEASE This Assignment is made and entered into by Charles S. Bald, Assignor, P.O. Box 845, Seward, Alaska 99664, and Seward Lodging III, LLC, an Alaska limited liability company, Assignee, 1120 E. Huffinan Road, Suite 24, PM,I3 416,Anchorage, Alaska 99515, and consented to by the City of Seward ("City"). RECITALS A. The City and Charles S. Bald and Carol Lallatin d/b/a the Marina Restaurant are parties to that certain Lease Agreement(as amended, the "Agreement"); dated as of March 24, 2004, as evidenced in that certain Memorandum of Lease recorded March 24, 2004 as Serial No. 2004- 000497-0;and B. The interest of the Estate of Carol Ann Lallatin, Deceased, has been assigned to Charles S. Bald by Assignment of Lease recorded as Serial No. C. The legal description of the leased property is: Lot 6, Block 1, MARINA SUBDIVISION, according to the official plat thereof, filed under Plat Number S-51, Records of the Seward Recording District,Third Judicial District,State of Alaska; and D. Under a Contract for the Sale of Marina Restaurant dated as of August _, 2014 by and among Seward Lodging III, LLC, an Alaska Limited Liability Company, (Buyer and Assignee) and Charles S. Bald(Seller and Assignor) have agreed, or to cause Seller, to convey, assign, and transfer and Buyer has agreed to accept and assume all of Seller's restaurant business assets, including,without limitation, Bald's right,title and interest in and to the Agreement;and E. Charles S. Bald has asked that the City consent to the assignment of all of Bald's right, title, and interest in and to the Agreement to Buyer. 1. Incorporation of Recitals.citals. The foregoing Recitals are incorporated by reference the same as if fully set forth herein. 2. Assignment and Assumption of Lease. Assignor hereby assigns, sets over, and transfers to Assignee all of Assignor's right, title, and interest in, to, and under the Lease. Assignee hereby accepts this Assignment and assumes and agrees to fulfill all tenant obligations, terms,and conditions of the Lease from this date forward for the remainder of the term thereof to the same extent as if it had been the original tenant under the Lease. Assignment and Consent of.Lease Page 1 of 3 09/18/2014 12:33 9072765093 WECB PAGE 03 3. Landlord's Rights Under this Assignment. Assignor and Assignee agree that Landlord shall have a right to rely upon the representations and warranties contained herein and to enforce the terms and conditions hereof as it deems appropriate. CHARLES S. BALD d/b/a THE MARINA RESTAURANT Date: By: Charles S.Bald,Owner, Seller/Assignor by Ida Pamela Humphrey, Attorney-in-Fact ACKNOWLEDGMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2014, by Ida Pamela Humphrey,Attorney-in-Fact,on behalf of Charles S.Bald. Notary Public in and for the State of Alaska My Commission Expires: SEWARD LODGING Lil, LLC Date: By: Charles E.Jackson, Jr., Member Buyer/Assignee ACKNOWLEDGMENT STATE OF ALASKA )ss. THIRD JUb1CIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2014, by Charles E.Jackson,Jr., Member of Seward Lodging 111.LLC, an Alaska limited liability company,on behalf of that limited liability company. Notary Public in and for the State of Alaska My Commission Expires: Assignment and Consent of Lease Page 2 of 3 Ih 09/18/2014 12:33 9072765093 WBCB PAGE 04 CONSENT Upon the effectiveness of Resolution 2014- approved by the City Council, the City hereby consents to the assignment of Charles S. Bald's right, title, and interest in and to the Agreement to Seward Lodging ITT, LLC's assumption of all of the obligations of Charles S. Bald (the assignment and assumption of the Agreement is collectively referred to herein as the "Assignment"). Following the Assignment, the Agreement shall continue in full force and effect with Seward Lodging III, LLC substituted for Charles S. Bald as applicable. The undersigned has executed this Consent to Assignment as of the date set forth below. CITY OF SEWARD Date: By: James Hunt, City Manager ATTEST: Johanna Kinney, CMC, City Clerk (S E A L) Assignment and Consent of Lease Page 3 of 3 11 ASSIGNMENT OF LEASE This Assignment is made and entered into by the Estate of Carol Ann Lallatin, Deceased, (Assignor) c/o Charles S. Bald, P.O. Box 845, Seward, Alaska 99664 and Charles S. Bald (Assignee) P.O. Box 845, Seward, Alaska 99664, and consented to by the City of Seward ("City"). RECITALS A. The City and Charles S. Bald and Carol Lallatin d/b/a the Marina Restaurant are parties to that certain Lease Agreement (as amended, the "Agreement"); dated as of March 24, 2004, as evidenced in that certain Memorandum of Lease recorded March 24, 2004 as Serial No. 2004- 000497-0; and B. The legal description of the leased property is: Lot 6, Block 1, MARINA SUBDIVISION, according to the official plat thereof, filed under Plat Number S-51, Records of the Seward Recording District,Third Judicial District,State of Alaska; and C. The Estate of Carol Ann Lallatin, Deceased, through Personal Representative Charles S. Bald (Exhibit A - Letters Testamentary and Acceptance of Appointment for Informal Probate) has asked that the City consent to the assignment of all of the Estate's right, title, and interest in and to Charles S. Bald. 1. Incorporation of Recitals. The foregoing Recitals are incorporated by reference the same as if fully set forth herein. 2. Assignment and Assumption of Lease. Assignor hereby assigns, sets over, and transfers to Assignee all of Assignor's right, title, and interest in, to, and under the Lease. Assignee hereby accepts this Assignment and assumes and agrees to fulfill all tenant obligations, terms, and conditions of the Lease from this date forward for the remainder of the term thereof to the same extent as if it had been the original tenant under the Lease. 3. Landlord's Rights Under this Assignment. Assignor and Assignee agree that Landlord shall have a right to rely upon the representations and warranties contained herein and to enforce the terms and conditions hereof as it deems appropriate. SIGNATURES ON NEXT PAGE Assignment and Consent of Lease Page 1 of 3 CHARLES S. BALD By: Charles S. Bald,Assignee Date: ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) This certifies that on this day of September 2014 before me, a Notary Public in and for the State of Alaska,personally appeared Charles s.Bald,known or identified to me. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for the State of Alaska My Commission Expires: ESTATE OF CAROL ANN LALLATIN, DECEASED By: Charles S. Bald, as Personal Representative of the Estate of Carol Ann Lallatin, Deceased, Assignor Date: ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) This certifies that on this day of September 2014 before me, a Notary Public in and for the State of Alaska, personally appeared Charles s. Bald, known or identified to me to be the Personal Representative for the Estate of Carol Ann Lallatin,Deceased. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for the State of Alaska My Commission Expires: Assignment and Consent of Lease Page 2 of 3 13 CONSENT Upon the effectiveness of Resolution 2014- approved by the City Council, the City hereby consents to the assignment of the Estate of Carol Ann Lallatin's right, title, and interest in and to the Agreement to Charles S. Bald d/b/a the Marina Restaurant's assumption of all of the obligations of the Estate of Carol Ann Lallatin, Deceased (the assignment and assumption of the Agreement is collectively referred to herein as the "Assignment"). Following the Assignment, the Agreement shall continue in full force and effect with Charles S. Bald substituted for Carol Ann Lallatin, as applicable. The undersigned has executed this Consent to Assignment as of the date set forth below. CITY OF SEWARD Date: By: James Hunt, City Manager ATTEST: Johanna Kinney, CMC, City Clerk (S E A L) Noid ,,,, Sponsored by: Hunt Postponed to: October 13,2014 CITY OF SEWARD, ALASKA RESOLUTION 2014-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#131,IN AN AMOUNT NOT-TO-EXCEED $31,865 UTILIZING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION CONTRACT#1900-14-2 WHEREAS,the FY 2014 Motor Pool Budget approved by Council Resolution#2013-090 included $62,000 to replace Public Works' Unit#131; and WHEREAS, the vehicle is starting to require more frequent maintenance to remain in service; and WHEREAS, the vehicle to be replaced is a 1993 3500 4X4 Chevy cab and chassis with a truck box; and WHEREAS,this vehicle is used to provide maintenance and repairs in the field, as well as provide fueling to other vehicles, away from the shop; and WHEREAS,the replaced vehicle will be sold at the next surplus sale, with proceeds to be deposited in the Motor Pool Fund; and WHEREAS,purchasing this replacement vehicle will not increase the department budget; and WHEREAS,the replacement vehicle will be a F450 3500 4X4 cab and chassis with standard work truck specifications under the State of Alaska Department of Transportation,Contract#1900- 14-2; and WHEREAS,once the vehicle has been purchased,Public Work Staff will solicit quotes for the truck box which are estimated to cost roughly $26,000; and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other government units, and Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: ` ... Section 1. The City Manager is authorized to purchase a replacement vehicle from Kendall CITY OF SEWARD,ALASKA RESOLUTION 2014-078 Ford on the State of Alaska Department of Transportation contract#1900-14-2 for an amount not-to- exceed $31,865.00, with funding to come from the Motor Pool Fund, as approved in the 2014 budget. Section 2. Competitive bids will be utilized for the purchase of the truck box with use of the remaining funds,and the combined cost of the truck and the truck box will not exceed the budgeted appropriation of$62,000. Section 3. The 1993 Chevy Flatbed,unit#131 is declared surplus to the city's needs and can be sold to the public. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: AB STAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 11_ Agenda Statement e of s Meeting Date: September 22, 2014 9� o 1,-;111 To: City Council Asa' 44A lcP Through: Jim Hunt, City Manager From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to purchase a replacement vehicle for the Public Works department BACKGROUND &JUSTIFICATION: The FY2014 Motor Pool Budget approved by Council Resolution 2013-090 included $62,000 to replace Public Works' Unit#131,a 1993 Chevy 3500 4x4. This vehicle is a medium duty truck with a work box for operations and maintenance,utilized by most departments in Public Works.It is used to provide vehicle maintenance and repairs in the field,as well as used to fuel equipment when away from the shop. The replacement plan of this vehicle is based on years of age (21) and wear on vehicle parts. Due to the age of the vehicle, it requires frequent repairs and is not reliable. The replacement vehicle will be a Ford F450 4x4, with regular cab and chassis and standard work truck specs for the State of Alaska. Once purchased, staff will obtain competitive quotes to add a work box and hardware for the truck. The listed price is $31,865.00 without the work box. The estimated cost of the truck box is$26,000 which would keep the vehicle costs under budget. Public `4,,,,, Works will notify Council, through the City Managers report, the total expenditure of the replacement vehicle. INTENT: To purchase a reliable replacement vehicle for the Public Works Department. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): 2014 Motor Pool Fund X FISCAL NOTE: Funds for this purchase are available in the 2014 Motor Pool Budget in the amount of$62,000. The combined estimated cost of the truck and truck box is less than $60,000 so will come in under budget. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: 01$ Council approve Resolution 2014-,authorizing the City Manager to purchase a Ford F450 4X4 cab and chassis for the Public Works department. 1� Sponsored by: Hunt CITY OF SEWARD,ALASKA SUBSTITUE RESOLUTION TO: RESOLUTION 2014-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#131,IN AN AMOUNT NOT-TO-EXCEED $31,865 UTILIZING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION CONTRACT#1900-14-2 WHEREAS, the FY2014 Motor Pool Budget approved by Council Resolution #2013-090 appropriated $62,000 to replace Public Works' Unit#131; and WHEREAS,the vehicle to be replaced is a dilapidated 1993 Chevy 3500 diesel 4X4 Cab and Chassis with a utility box; and WHEREAS,this vehicle is used to provide maintenance and repairs in the field, as well as provide fueling to other vehicles, away from the shop; and WHEREAS,the replacement vehicle will be a gas powered,Ford F450 3500 4X4 Cab and Chassis with standard work truck specifications, utilizing the State of Alaska Department of Transportation, contract#1900-14-2; and staid WHEREAS, once the cab and chassis has been purchased, Public Work Staff will solicit quotes for the utility box and accessories, estimated to cost $26,000, to be deducted from the remaining portion of the $62,000 previously allocated in the Motor Pool Fund; and WHEREAS,the replaced vehicle will be sold at the next surplus sale,with proceeds to be deposited in the Motor Pool Fund; and WHEREAS, purchasing this replacement vehicle will not increase the department budget; and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other government units, and Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to purchase a replacement vehicle from Kendall Ford on the State of Alaska Department of Transportation contract#1900-14-2 for an amount not-to- exceed $31,865.00, with funding to come from the Motor Pool Fund, as approved in the 2014 budget. CITY OF SEWARD,ALASKA RESOLUTION 2014-078 Section 2. Competitive bids will be solicited for the purchase of the utility box and accessories, utilizing a portion of the remaining funds allocated for Unit #131 in the Motor Pool Fund, and will be brought forth for Council approval, via Resolution. Section 3. The 1993 Chevy 3500 4X4,unit#131 is declared surplus to the City's needs and can be sold to the public. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) ck Council Agenda Statement of sett, Meeting Date: October 13, 2014 = , Through: Jim Hunt, City Manager cAsti,' From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to purchase a replacement vehicle for the Public Works department. BACKGROUND &JUSTIFICATION: The FY2014 Motor Pool Budget approved by Council Resolution 2013-090 included $62,000 to replace Public Works' Unit#131,a 1993 Chevy 3500 4x4. This vehicle is a medium duty diesel cab and chassis with a utility box for operations and maintenance,utilized by most departments in Public Works. It is essential in providing vehicle maintenance and repairs in the field. It contains a bed mounted 100 gallon fuel tank, used to fuel large equipment when away from the shop. The replacement plan of this vehicle is based on years of age(21)and wear on vehicle parts. Although the vehicle only has 74,187 miles, it has extensive run time and is beginning to require more maintenance to operate. The body is rusting and the driver's door latches,but no longer seals. The utility box is rusting out in the bottom of the compartments and many latches no longer close.The glow plugs need replaced and the transmission needs repair. The replacement vehicle will be a gas fueled, Ford F450 4x4, with regular cab and chassis and standard work truck specs. Once purchased,Public Works will seek competitive bids for the utility box and accessories and bring it to Council for approval,via resolution. The listed price of the cab and chassis is$31,865.00, and the estimated cost of the utility box is$26,000,which will keep the vehicle cost under the$62,000 budget. INTENT: Authorize the purchase a reliable replacement vehicle for the Public Works Department. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): 2014 Motor Pool Fund X FISCAL NOTE: Funds for this purchase are available in the 2014 Motor Pool Budget in the amount of$62,000. The combined estimated cost of the cab and chassis and utility box is less than$62,000 so will come in under budget. Approved by Finance Department: S(.4ro.G J. ���=��� ATTORNEY REVIEW: Yes No X A RECOMMENDATION: '" Council approve Resolution 2014-078,authorizing the City t Manager cab and chassis for the Public Works department. g to purchase a Ford F450 4X4 Show �,1 Unit #131 A. 4 ::,d F } f ,:. t ,,;;;" 9 ;fry wx y x, f M i; �41�?Y , s rya *; s - \ s k Nillid 's� 'wy •e , r '11A:14 tAlt . ' -; �` ¢,'i't x4 � rya ' d q Rusted rear bumper and tailgate f � k � d y, £fit. te^ f Yfi y i� tdt mss+ M- 1 , 4 4 ..y e ,x!. i�Sw k Y }3h« ' 'r6 r +7. h 9, t u '•' 4 Ya 6 „:„0,., r I .� .: s ;zt {° xr e�q r `c ft t' gg,, `x ,.. f a •- Rusted interior of side compartment DNI NNW i 1 , ,;:j ;4;.,, ,i. -4,,.#' '',. ' ' :i i - 4, IIIti f ` a a e. 1 ' 1. ''° n "Yi�!' .'-{4 ,',%'i- .sf y ';C. �: .91 ;:�,, phi: { 4 3,�pr R V Y Y'isC '"'Yr�E'�� N"-'��J 1 ;d6ii 4. 'I ▪ T R 45 ▪ ' Ii F sf+'4b'Rtp 5 4, 9 Compartment doors latch, but do not shut completely. These are latched. L\ n�.'� = ' ah'rflc 4 zk „4 y,, L '..,'.'...::-.2*.gr- . -:-.,4,:/t :''','-'1,"'-',!''!'5:-,I:i..ri'''!1';'''''-'''' ". �# ,of :S, • 7.k :g � s 1Y t h @ 5g A 0,-.� �a-y 9�it t '�`{..$�}t %` q.yF£ y ., ,.-,1,--":111,-',4'n,?' { �a :^41 e;"4..'i J' s e ti'fwhS r'^ L.[�w�,x� t.n��� r x 'v4k.f,'+�. w dt�.J ''''''''I'. ,,, Rusted through Left and Right side wheel wells ,�di sw, .x -:.1 :;�tf a x Y ' art �� } ... , ,,, Pa+ , i. 1 . 1 . Ett,,../ .. ,,,, .,...1,.„, t f ji kt T b 4-. sty. Damaged seat OO-,OOA 0 000 + i A D N -1 Of ' = m a y K I V p . - i 9A- S ---- 4gii Q .LT109 g g 4 :,§ g- T. Er.Ai . i. › E eml L-- ' 15141 5' $ ilim g Mplg iii a 106S 1111 Ili k' 1,3 g. i I I i . I i p tAAi w 11 n s N htlio vii• o °, 0- 8 8 8 i 1 C 7 a rp — - Nmn LA =V m < Q of T $ p Q m - a g o Z �� • 5 m fir 8 8 8 2 3 ro o «m = n ' j Y AiO1 F.:1 m ( s Fe s a. m Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2013-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE 2014 - 2015 CAPITAL IMPROVEMENT PLAN WHEREAS, the City Manager has submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2014 and 2015;and WHEREAS, the biennial budget was reviewed by the City Council in budget work sessions on September 16, 19,and 24,2013,which were televised to the public;and WHEREAS, a public hearing is scheduled on the proposed budget and Capital Improvement Plan for October 28, 2013 with an additional public hearing and final adoption scheduled for November 12,2013;and WHEREAS, there is $600,000 designated in the Calendar Year 2014 General Fund Budget and $250,000 designated in the CY 2015 General Fund Budget to finance capital improvements,contingent on receipt of$250,000 per year from State Revenue Sharing;and WHEREAS,the Capital Acquisition Fund will receive funding in the amount of$76,840 from the Sewer Enterprise Fund as partial repayment of a 1990 loan from the General Fund. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section The Capital Improvement Plan for Calendar Years 2014 and 2015, which is attached hereto and made a part hereof by reference,is HEREBY ADOPTED. Section 2. Funding in the amount of $600,000 is hereby appropriated in 2014 and $250,000 in 2015 for the purpose of meeting capital needs for the General Fund, subject to receipt of$250,000 per year in funding from the State of Alaska revenue sharing program. Section 3. This resolution shall take effect immediately upon adoption. rl T1 Capital Improvement Plan Motor Pool-Related Capital Projects 2014 and 2015 New or Project Funding Source Project Description Replace Year Coat City Portion Other Portion Source Street Flatbed-replaces Unit 120 R 2014 76,000 75,000 Muter Pool A Shop truck•replaces Unit 131 R 2014 62,000 62,000 Motor Pont Urndur wing R 2014 32.000 32,000 Motor Pool 'Cuulc:tt fur mainwnunx parkelcampgrounde R 2014 70,000 70,000 Motor Pool Harbor oil truck R 2014 60,000 60.000 Motor Pool Motor Cruder R 2014 300.000 300,000 Motor Pool City manager vehicle N 2014 30,000 30,000 Motor Pool Electric Digger/Derrick R 2014 400.000 400,000 Motor Puol Parking truck R 2015 36,000 36,000 Motor Pool R 2016 46,000 45,000 Motor Pool Plow truck for City facilities(parka) Motor Pool R 2015 50.000 50,000 Street Unit xl 10 replacement Motor Pool 2016 42,000 42.000 9'Y('van Motor Pool R 2015 350.000 350.000 fire truck refurbish of Engine a9 Motor Pool Wire trailer with puller(electric) N 2015 25,000 23,000 Total Motor Pool Fund Projects: $1,577.000 $1,677,000 SO z v�. Total oorPoo1 Pu ° jttTZ014 p 2 ; fa t1 Ar $0 14 r , STATE OF ALASKA 41. HQ;STATE EQUIPAENT FLEET �A,Ah ority)LIDO E. 3nd Avenue: ORDERING DEPARTMENT: DATE OF CONTRACT: IfEADQUAR7ER5,STATE EQUIPMENT FLEET I4,201,1 2200 E.42ND AVENUE DATE S+f1l1AL HORAR.E,ALASKA S%o! CONTRACT BERMS: OCTOBER 24,2013 (907)299-0793 PHONE!(907)2014801 FAX CONTRACTOR: KENDALL FOND CONTRACT 650$. OCTOBER 31,2018 NUMBER&PERIOD OF RENEWALS: 5 YEAR CONTRACT ADDRESS: 2701 E.MOUNTAIN VILLAGE DRIVE WASILLA ALASKA 99154 RENEWALS EXPIRE(MO/YR): CONTACT NAIL:DAVE LUKE PHONE NUMBER:907-352-5677 ISSUED N ACCORDANCE Wrrw BD/SEP- 1000 DATED: SEPTEMBER 10,2013 EMAIL:DAVIDLUKESKENDALLAUTO.COM ESTIMATED VALUE OF RSTAL TERM: $1,000,000.00 SEND INVOICES IN DUPLC;ATE TO:STATE EQUIPMENT REItT,2200 E 42ND AVENUE.ANCHORAGE AK N80$ MODIFICATION ORDER A COMMITMENT APPROVAL THE STATE B AUTHORITY USTEQ Nom, ON THE UNNJTHORIEED AND/OR UN AURNR�STATE MAKMfi THE 'DIRT IN A FINANCIAL OSUGA710N DESCRIPTION LIGHT DUTY VEHICLE CONTRACT SECTION I SPECIAL TERMS&CONDITIONS SECTION II STANDARD TERMS & CONDITIONS SECTION HI SPECIFICATIONS SECTION VI SID PRICE SCHEDULE 4 SIGNATURE DUANE FE�TON.CONTRACTING >�— OFFICER I cartmAcTOR m m$OKfY UAW a 1>rtit tAP 4 2 n.sm�r.p�rt.w fa4urA�e fra».clon.r.a..arp+.�.ws omr 'rb�aeo,res, eM.■.iQh..�ourN,P.afMe s1M..b m:>b.�.pr.. a9 Sponsored by: Hunt Postponed to: October 13, 2014 CITY OF SEWARD,ALASKA RESOLUTION 2014-079 A RESOLUTION OF THE CITY COUNCIL RCH AE OF A REPLACEMENT ALASKA, AUTHORIZING THE VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#120,IN AN AMOUNT NOT-TO-EXCEED $29,557 UTILIZING THE STATE OF TRANSPORTATION CONTRACT#1900-14-2 DEPARTMENT OF TRA 2 WHEREAS,the FY 2014 Motor Pool Budget approved by Council Resolution#2013-090 included$75,000 to replace Public Works' Unit#120; and WHEREAS,the vehicle to be replaced is a 1988 3500 4X2 GMC Flat Bed pickup; and WHEREAS,this vehicle is needed for many routine maintenance jobs by most departments within Public Works; and WHEREAS,the replaced vehicle will be sold at the next surplus sale with proceeds to be deposited in the Motor Pool Fund for the department; and WHEREAS,purchasing this replacement vehicle will not increase the department budget; and WHEREAS,the replacement vehicle will be a Ford F450 3500 4X2 Cab and Chassis with standard work truck specifications under the State of Alaska Department of Transportation,Contract #1900-14-2; and WHEREAS,once the vehicle has been purchased,Public Work Staff will solicit quotes for the liftbed which is estimated to cost roughly $15,000; and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements purchases which utilize competitive bids obtained by other government units, and Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to purchase a replacement vehicle from Kendall Ford on the State of Alaska Department of Transportation contract#1900-14-2 for an amount not-to- exceed $29,557.00, with funding to come from the Motor Pool Fund, as approved in the 2014 budget. CITY OF SEWARD,ALASKA RESOLUTION 2014-079 Section 2.The City Council hereby finds it to be in the public interest to waive competitive procurement requirements in accordance with the above recitals which are incorporated herein,and herby authorizes this purchase utilizing the State of Alaska's competitive contract. Section 3. The 1988 GMC Flatbed,unit#120 is hereby declared surplus to the City's needs and can be sold to the public. The purchase of the liftbed will be made utilizing competitive quotes with the remaining funds. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October, 2014. r THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: Butts ABSTAIN: None ATTEST: Johanna Kinney, CMC City Clerk (City Seal) � 1 Agenda Statement eof sets, Meeting Date: September 22, 2014 'sold a To: City Council 4�A511�P Through: Jim Hunt, City Manager From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to purchase a replacement vehicle for the Public Works department BACKGROUND &JUSTIFICATION: The FY 2014 Motor Pool Budget approved by Council Resolution 2013-090 included $75,000 to replace Public Works' Unit#120, a 1988 GMC 3500 4x2. This vehicle is a medium duty flatbed truck for operations and maintenance, utilized by most departments in Public Works. The replacement plan of this vehicle is based on years of age (26)and wear on vehicle parts. Due to the age of the vehicle, it is often difficult to find parts and often have to use used parts for repairs. The current mileage on this vehicle is 168,512. The replacement vehicle will be a Ford F450 4x2, with regular cab and chassis and standard work truck specs for the State of Alaska. Once purchased, staff will obtain competitive quotes to add a liftbed and hardware for the truck, which are estimated to cost approximately $15,000. Public Works staff will notify Council,through the City Managers report,the total cost of the replacement vehicle. The listed price is $29,557.00 without the liftbed which will come in under budget for the entire expenditure. INTENT: To purchase a reliable replacement flatbed for the Public Works Department. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): 2014 Motor Pool Fund X FISCAL NOTE: Funding for this vehicle was previously appropriated in the 2014 Budget. The budgeted amount for replacement of Unit#120 is$75,000. Total estimated cost of replacement vehicle including liftbed is less than $50,000. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: 0161 Council approve Resolution 2014-XXA,authorizing the City Manager to approve the purchase of a Ford F450 4X2 Cab and Chassis for the Public Works department. ,,,, Sponsored by: Hunt CITY OF SEWARD,ALASKA SUBSTITUE RESOLUTION TO: RESOLUTION 2014-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#120,IN AN AMOUNT NOT-TO-EXCEED $29,557 UTILIZING THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION CONTRACT#1900-14-2 WHEREAS, the FY2014 Motor Pool Budget approved by Council Resolution 2013-090 included $75,000 to replace Public Works' Unit#120; and WHEREAS, the vehicle to be replaced is a 1988 GMC3500 diesel 4X2 GMC flat-bed pickup; and WHEREAS,this vehicle is needed for many routine maintenance jobs within public works; and WHEREAS,the replaced vehicle will be sold at the next surplus sale, with proceeds to be deposited in the Motor Pool Fund; and WHEREAS, purchasing this replacement vehicle will not increase the department budget; and WHEREAS,the replacement vehicle will be a gas powered,Ford F450 3500 4X2 cab and chassis with standard work truck specifications, utilizing the State of Alaska Department of Transportation, contract#1900-14-2; and WHEREAS,once the cab and chassis has been purchased,Public Work staff will solicit bids for the flatbed and accessories,to be deducted from the remaining portion of the$75,000,previously allocated for Unit#120 in the Motor Pool Fund; and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other government units, and Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase a replacement vehicle from Kendall Ford under the State of Alaska Department of Transportation contract#1900-14-2, for an amount Slimy not-to-exceed$29,557.00,with funding to come from the Motor Pool Fund,as approved in the 2014 budget. 33 CITY OF SEWARD,ALASKA RESOLUTION 2014-079 Section 2.Competitive bids will be solicited for the purchase of the flatbed and accessories, utilizing a portion of the remaining funds allocated for Unit#120 in the Motor Pool Fund, and will be brought forth to Council for approval, via resolution. Section 3. The 1988 GMC Flatbed,unit#120 is declared surplus to the City's needs and can be sold to the public. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 2 Li Council Agenda Statement C4t,,4 ,1/411:■ �F SEk. r► Meeting Date: October 13, 2014 .'� Through: Jim Hunt, City Manager ' � 414.ASKP' From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to purchase a replacement vehicle for the Public Works department. BACKGROUND&JUSTIFICATION: The FY 2014 Motor Pool Budget approved by Council Resolution 2013-090 included $75,000 to replace Public Works' Unit #120, a 1988 GMC 3500 diesel 4x2. This vehicle is a medium duty flatbed truck for operations and maintenance,utilized by Public Works.The replacement plan of this vehicle is based on years of age(26) and wear on vehicle parts. Due to the age of the vehicle, it is often difficult to find parts and often have to use used parts for repairs. The current mileage on this vehicle is 168,512. The replacement vehicle will be a gas powered Ford F450 4x2, with regular cab and chassis and standard work truck specs. Once the cab and chassis have been purchased,Public Works staff will seek competitive bids for the lift bed and accessories and bring it to Council for approval, via resolution.The list price of the cab and chassis is$29,557 leaving adequate funds available for a flat bed and accessories to come in under the$75,000 budget. INTENT: Authorize the purchase a flatbed for the Public Works Department. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): 2014 Motor Pool Fund X FISCAL NOTE: Funding for this vehicle was previously appropriated in the 2014 Budget. The budgeted amount for replacement of Unit#120 is$75,000. Total estimated cost of replacement vehicle including lift bed is less than $50,000. Approved by Finance Department:.! ��. ATTORNEY REVIEW: Yes No X `J RECOMMENDATION: Council approve Resolution 2014-079, authorizing the City Manager to approve the purchase of a Ford F450 4X2 Cab and Chassis for the Public Works department. p_� xvA T �gi 'a N-im0 vA oc-Loo- foo-Lo 4,c r mmm NQ4scp ° a ihitIiIi!Uti! !hi ' dihlr ''' 3 9e -4--- g E. <agPriig itci N 11 ssx. ip A m SA Z D y $ ar T 6r 8 iR1 y g o .._= ii 3' IF g.. k i $ 1 N a ° - e 1 pp I. •rMr M O S 10 S. i 1 V a k 1 . —1 -a * G D yN N M M �N,f g O N 7 5nid0 Nap a 7 8<„ „50 68 E °c l a m 8 8 8 8 CL '^ N Z b. Q N A N (JI�C f. 0 d m 7K V 2 . 4W 1 Ao o m 7 .. I $8 <„ i z�c�i d m d 8 8 8 8 -0 T m 3 fD O N l a 7 O y p C A$ aE o ; = ,— 8 8 8 8 -1 -4 a A n n- — O CU OQ a 70 Sponsored by: Hunt his CITY OF SEWARD,ALASKA RESOLUTION 2013-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE 2014 - 2015 CAPITAL IMPROVEMENT PLAN WHEREAS, the City Manager has submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2014 and 2015; and WHEREAS, the biennial budget was reviewed by the City Council in budget work sessions on September 16, 19, and 24, 2013, which were televised to the public; and WHEREAS, a public hearing is scheduled on the proposed budget and Capital Improvement Plan for October 28, 2013 with an additional public hearing and final adoption scheduled for November 12, 2013; and WHEREAS, there is $600,000 designated in the Calendar Year 2014 General Fund Budget and $250,000 designated in the CY 2015 General Fund Budget to finance capital improvements, contingent on receipt of$250,000 per year from State Revenue Sharing; and I Sib, WHEREAS, the Capital Acquisition Fund will receive funding in the amount of$76,840 from the Sewer Enterprise Fund as partial repayment of a 1990 loan from the General Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, that: Section 1. The Capital Improvement Plan for Calendar Years 2014 and 2015, which is attached hereto and made a part hereof by reference, is HEREBY ADOPTED. Section 2. Funding in the amount of $600,000 is hereby appropriated in 2014 and $250,000 in 2015 for the purpose of meeting capital needs for the General Fund, subject to receipt of$250,000 per year in funding from the State of Alaska revenue sharing program. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12`x' day of November, 2013. CITY OF SEWARD, ALASKA RESOLUTION 2013-090 THE CITY OF SEWARD, ALASKA ..d /0a4.4C/4/41 "--/ an Bardarson, Mayor AYES: Keil, Shafer, Casagranda, Terry, Squires, Bardarson NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: .14 hanna Ki = , CMC •ity Clerk (City Seal) ars .% soot OF SC Ak'•,, • SEAL "7 ....................... rr Capital Improvement Plan Motor Pool-Related Capital Projects 2014 and 2015 New or Project Funding Source Project Description Replace Year Coat City Portion Other Portion Source %Street Flatbed•replaces Unit 1.20 R 2014 76,000 75,000 Motor Pool Shop truck-replaces Unit 131 R 2014 62,000 62,000 Motor Pool Uradar wing R 2014 92,000 32.000 Motor Pool Tuolcat for maintenance parks/campgrounds R 2014 70,000 70,000 Motor I,col Harbor nil truck R 2014 60,000 60,000 Motor Grader Motor Poo/ R 2014 300.000 300.000 Motor Pool City manager vehicle N 2014 30,000 30.000 Motor Pool Electric Digger/llerrrek It 2014 400,000 400,000 Motor Pool Parking truck R 2016 36.000 96,000 Motor Pool Plow truck for City facilities(parka) R 2015 45,000 46,000 Motor Pool Street Unit 01 19 replacement R 2015 50,000 50.000 'I'1'('van Motor Pool R 2015 42,000 42,000 Motor Pool Fire truck refurbish of Engine 09 R 2015 350,000 350,000 Motor Pool Wire trailer with puller(electric) N 2015 25,000 25.000 Motor Pool Twill Motor Pool Fund Projects: $1,577,000 $1.577,000 SO Toal Molar•Poo4 Pstrtd Aro9as3o ;0i4 '20D`c 3°■ STATE OF ALASKA HO,STATE E UIPME T MEET(Con acts Authorlty� CAI VO" � 4 vas ' �i 220 E.4><ttd Aatatrtp E ORDERING DEPARTMENT: DATE OF CONTRACT: OCTOBER 34.2013 HEADQUARTERS,STATE EQUIPMENT FLEET 2200 E.4211D AVENUE OATS IN/11AL CONTRACT BEGETS: OCTOBER 24,2013 ANCHORAGE,MAMA MIMI ($07)2994713 PHONE I awn 2194001 FAX DATE ITRW.CONTRACT ENDS: OCTOBER 31,2019 CONTRACTOR: KENDALL FORD NUMBER A PERIOD OF RENEWALS: 5 YEAR CONTRACT ADDRESS: MOUNTAIN DRIVE ALASKA 09654 RENEWALS EXPIRE(MOfYR): CONTACT NAIVE:DAVE LUKE ISSUED IN ACCORDANCE WM IUD*SEE- 1500 DATED: SEPTEMBER 10,4013 PHONE N{ :007.352 4877 E.IIAfL.t DAVIDWI IDALWJTO.00IA ESTIMATED VALUE OFONITALTERM: $1,000,000.00 SEND UNCIGES IN OUPUCATE TO:STATE EQUIPMENT PLW,2260E 42ND AVENUE,ANCHORAGE AK SSSOS • N ORDER OON$TI UTES A BINDING COMMENT BETWEEN THE STATE MD THE CONTRACTOR RESULT M N. UNAU 1ORIZED gN MODIFICATION WITHOUTTHE PRIOR APPROVAL OF THE OONTRACTIN3AUTHORITY WILL ON THE CONTRACTOR AND/OR UNAUTHORIZED STATE PERSONNEL HINTING THE CHANGE. • DESCRIPTION LIGHT DUTY VEHICLE CONTRACT SECTION I SPECIAL TERMS&CONDITIONS SECTION II STANDARD TERMS & CONDITIONS SECTION III SPECIFICATIONS SECTION VI BID PRICE SCHEDULE SIGNATURE ,C• rr G OFFICERS 140,- • »1 Atrn+oRtrr agree a nns ,-h MFOATANT 1.anima word lwnb/td ddNbD ilspoiment ram mot opgRS1 dT limbo mod docturib Maths 11201 ardor, 2 fIiz *i * M8 Co 1I11 06.Ar,sow tale sp bAeuNdpIMOadmtbands. L Unilt #120 ilikire ,, „..i..,.:.--.iii.t,-, Kliit'I '''''''''' 40..,.-., , . 'tI-2''' ,....-- . . . i,,,, . -11'11641a, ViP*44 4, . ":`,,'''';'' ,,, • tit.!...v4,,, - .. . . ..,5 . i.: '."4*- ' 1 s, ;y.,.. . - ., ,,._,..-• ---- , - ,-,---.*---"---- -,....---- *411asy !, ... , :.. .., ' . .4:, "m'bn .f:...,zio ,":1:' . :1; ''7.','ii:f4'1?,. .- 4).';'‘r:'-''' -_1(.,!.:0;*, )1. 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'rah.; '40..,,, Rusted through Passenger side cab and door l-\ - Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE AMOUNT OF $65,461.90 FOR PURCHASE OF VEHICLE EXTRICATION EQUIPMENT AND APPROPRIATING FUNDS WHEREAS, in May of 2014 the Fire Departments vehicle extrication tool snapped while being used during a training exercise; and WHEREAS,the Seward Fire Department has been researching replacement options for this tool as repair was not economically feasible due to equipment age and lack of local support of the brand,but due to the high cost of replacement equipment did not have funding to move forward;and WHEREAS,while researching the best options for replacement equipment,we learned that our neighboring mutual aid department Moose Pass Fire had similar needs and short falls; and WHEREAS, interoperable extrication equipment for motor vehicle accidents is an essential component of local emergency operations of the Seward Fire Department and Moose Pass Fire Department; and WHEREAS, grant funds became available through a reallocation of Homeland Security Grant Program Funds and our request to purchase new vehicle extrication equipment for both Seward Fire and Moose Pass Fire Departments has been awarded. 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 accept Homeland Security Grant Program(HSGP)Funds in the amount of$65,461.90 for purchase of new extrication equipment for both the Moose Pass and Seward Fire Departments. Section 2. Per Alaska Division of Homeland Security and Emergency management grant documents,the City of Seward will be responsible for annual audits of the status and condition of the extrication equipment for both departments. Section 3. Funds in the amount of$65,461.90 are hereby appropriated from State grant funds account no. 30025-0000-4251 to equipment account no. 30025-0000-8103. Section 4. This resolution shall take effect upon approval by Council. Council Agenda Statement Meeting Date: October 13, 2014 ��of sF�q ikiiirie Through: U `� p : City Manager, Jim Hunt "� II-As From: Kp' Fire Chief, Edward Athey Agenda Item: Acceptance of reallocated HSGP funds for the purchase of vehicle extrication equipment for the Seward Fire Department anon Company ePartrnent and Moose Pass Volunteer Fire BACKGROUND&JUSTIFICATION: The Seward Fire Department responds to emergencies within the City and in conjunction with our aid partners along the Seward Highway. We train with the East Zone emergency responders;mutual includes Bear Creek and Moose Pass Fire. We attempt to coordinate our equipment purchases to P , which commonality among departments and strengthen enhance budget and plan for large purchases, however when our older equwhenever ipment breaks le When possible, as we become obsolete and no longer economically feasible to repair. In May of 2014, our vvehiclextr it has tool snapped during a training exercise. Due to the equipment's age and lack of customer support for thi cation product it was not practical to repair it. In an effort to be proactive and transition into newer, stronger r equipment we spoke with different vendors and other local departments equipment is very expensive with costs ranging from$10,000 t ,000 about er their ece.experiences.This new This new equipment is in use by a variety of emergency response organizations throughout ur S State and has received very positive reviews. This has enable the department grant award from the State Homeland Security Grant Program will r epartmnt to provide this equipment for Seward Fire and the Moose Pass Volunteer Fire Company. This award is for reallocation of the Homeland Security Grant Program(HSGP) funds in amount of$65,461.90 with the intent to purchase new vehicle extrication equipment for the Seward Fire Department and for Moose Pass Volunteer Fire Company. INTENT: To accept reallocated HSGP funds for the purchase of new vehicle extrication equipment for Seward and Moose Pass Volunteer Fire Company enhancing our mission of providing strong emergency Fire mutual aid res,onse to our communities. g y and CONSISTENCY CHECKLIST: Yes No rifi Comprehensive Plan(document source here): Seward City Code: 9.15.255 11111111113® .255 Adequate Equipmnt MIOther(list): Seward Fire Department SOG 13/Mutual Aid Mutual Aid Agreement with Moose Pass Volunteer Fire Co X 1111• 4. 2004 dated June FISCAL_ N_ OTE: X IIII ■ This project is funded 100%by a federal ant with no m.tching funds required. Approved by Finance Department: �t / . • ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2014- in the amount of$65,461.90 for the purchase of vehicle extrication equipment and appropriating t fnds. funds. i-r) Department of Military and V Or T �4 Veterans Affairs .�■��\�yy�;8� THE STATE � o JL\1 1 Division of Homeland Security a' ALAS Emergency Managem6wir 4 f' P.O.Box 5750 �►-�r GOVERNOR SEAN PARNELL JBER,AK 99505-0750 • .��: Main:907.428.7000 Fax:907.428.7009 www.ready.aiaska.gov September 12,2014 Mr.Jim Hunt,City Manager City of Seward PO Box 167 Seward,AK 99664 RE: 2014 State Homeland Security Program, EMW-2014-SS-00010 State Grant No.: 14SHSP-GR34094 Certified#: 9171 9690 0935 0076 7825 55 Dear Mr. Hunt: The Division of Homeland Security and Emergency Management(DHS&EM)received funds from the US Department of Homeland Security under the 2014 State Homeland Security iii Program.We are pleased to award the City of Seward the amount of$65,461.90 under this grant. Funding from this program is provided to support,build, and sustain the ability of states, territories,and urban areas to prevent,protect against,mitigate,respond to,and recover from terrorist attacks and other all—hazards events. Please review the Grant Terms and Conditions and the Grant Requirements,Assurances, and Agreements as articles have changed. All changes to these items will be discussed at the 2014 Grant Kick-Off Meetings.Participation at a Kick-Off Meeting is required. Attached are two pre signed Obligating Award Documents.Please review the information for accuracy and review any Special Conditions. Sign both obligating documents, keep one original for your records, and return the other original within 30 days of jurisdiction receipt to: State Administrative Agency(SAA)Point of Contact PO Box 5750 JBER,AK 99505 If the Obligating Award Documents cannot be returned within 30 days due to local jurisdiction policies, a Notice of Intent to Accept Grant Award form and instructions are available for download on DHS&EM's Grants website,http://ready.alaska.gov/grants.htm. If signatory points of contacts have changed since submittal of the application,please complete and return a Signatory Authority Form with the signed Obligating Award Document.The Signatory Authority Form is available for download on DHS&EM's Grants website. If needed, Electronic Payment(EDI) enrollment forms are also available upon request. Mr. Hunt illase September 12,2014 Page 2 of 2 If you have questions or need further assistance,please contact the Division Project Manager for this grant,Adrian Avey,at 907-428-7027, 800-478-2337,or by email at mva.8ts@alaska.gov. Sincerely, .Wry . Madden a ector jwm:ama:tdp Enclosures: Obligating Award Document(2 originals) Project Budget Details Report Quarterly Activities Plan CC: Edward Athey,Jurisdiction Project Manager Kristen Erchinger,Jurisdiction Chief Financial Officer Sire State of Alaska Page 1 of 8 Division of Homeland Security and Emergency Management Under October 01,2014 US Department of Homeland Security Federal Emergency Management Agency Grant Programs Directorate 2014 State Homeland Security Program ,%#`d �?AMENDMENT':`-:$wi .,t4� P�::"':F.EDEMII�iNANtNUMSER. OBLIGATING AWARD DOCUMENT EMw2014ss-00010 SUBGRANTE NA1WE•ANQ,ADDRfeSS_(I WOO & "� - ,' �PRFO..+ ._F ag a ° 97.067 October 01,2014 ( -r �Y; ," 7 }u. City of Seward PO Box 167 " March 31,2016 $65,461.90 Seward,AK 99664 "� ��� i�� +1�� Seward kliouNS:fitiks,a 037996634 ",?1 ^ ND1NGlili0fAT10 924000086 PLANNING EXERCISE �q qry �; Electronic TRAINING Mil EQUIPMENT $65 61.90 •s. 0 1 �,.�...",,Y ..ti,`..'p�`. At•st t The attached Project Budget Details is the funding allocation.Grant program guidelines and federal,state,and local contracting and procurement compliance requirements apply. •GIWNT.TERMS AND CONDmONS*� ae< ... :fix_......3 n ,•: ,GMN�'RESIUTAEIiAENTS;ASSURANCE$AND AGREEMENTS tCoin(iwied.',si ats'ehidl The acceptance of a grant from the United States government creates a legal duty on See Attached with part of the grantee to use the funds or property made available in accordance with the conditions of the grant.IGAO Accounting Principles and Standards for w ral s Chapt r 2,Section 16.81c}1 Fide ASencfe� Sectlo e`SPECUU aDNDrnONS ibrant iwrds annot be en a tFrese conditlons hate nie�fee o • Airi foil See Attached *0' AGENCY INFORMATION i ,,. >,.a�. om _ ��.,,, wEesrrE Division of Homeland Security and Emergency Management EMAIL mva.grants4Palaska,gov ADDRESS PO Box 5750 PHONE 907.4297000 JBER,AK 99505-5750 FAX 907.426-7009 'E�, Via. y,'�" ''ky ' �'f a c .'»:4'S r`4 -til'+' .:=`^ykw.•.,"".„-eW '..3iaF+'P`r � •ys STATE PROJECT MANAGER PHONE FAX EMAIL .�..- Adrian Avey 907-428-7027 907.428-7009 adrlan.aveyfialaska4ov ~ AGENCY APPROVAL SUBGRANTEE ACCEPTANCE NAME AND TITLE OF APPROVING AGENCY OFFICIAL NAME AND TIRE OF AUTHORIZED SUBGRANTEE OFFICIAL John W. Madden, Director Jim Hunt,City Manager SIGNATURE OF APPROVING AGENCY OFFICIAL SIGNATURE OF AUTHORIZED SUBGRANTEE OFFICIAL .." TE DATE Por FOR'STAT!euSE ONLY A x ••' it:Koos-to r r.' :. 'd .;:,. __. DIVISION'FILENUMBER: 1.6.10.i.i5 !, 9294121 17Ti7fliEf ' ,: Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING EXPENDITURES IN AN AMOUNT NOT TO EXCEED $20,000 TO RELOCATE SEWARD'S STATE OF ALASKA, DEPARTMENT OF MOTOR VEHICLE OFFICE AND RENOVATE OFFICE SPACE, AND APPROPRIATING FUNDS WHEREAS, the State of Alaska, Department of Motor Vehicles (DMV) contracts an office though the City of Seward, operated out of City Hall; and WHEREAS, the space that the DMV is located in is insufficient and often overfull; and WHEREAS, suitable office space is available on the second floor of the City Hall building; and WHEREAS, moving the DMV to the second floor of City Hall will allow the DMV's customers a larger, dedicated space and the City of Seward's utility customers better access and more space at the utility counter; and WHEREAS, new signage, furniture and advertising is necessary for the DMV to move to the available space; and WHEREAS, with minimal repairs, administrative offices will be moved to the space vacated by the DMV with this move; and WHEREAS, the public will be better served by updated and increased space made available by this DMV relocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Council hereby approves the appropriation of an amount not to exceed $20,000 from general fund unassigned fund balance account number 01000-0000-3400 to the General Services buildings account no. 01000-1180-8102 for the relocation of State of Alaska, Department of Motor Vehicle Offices and renovation of the vacated office space. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October, 2014. 5' Council Agenda Statement 4444:- ‘'411100 Meeting Date: October 13, 2014 -`,: q�ASKP From: Jim Hunt, City Manager Agenda Item: Approving the appropriation of up to $20,000 to move the State of Alaska, Department of Motor Vehicles, Seward Office BACKGROUND &JUSTIFICATION: The City recently relocated its Community Development offices to the City Hall Annex building, freeing up the south end of the 2nd floor of City Hall.The State of Alaska contracts with the City of Seward to operate a Department of Motor Vehicle office,located in City Hall. The DMV Office is often over filled with patrons who end up lining the hallway and utility space while waiting their turns.Moving the DMV office to the space most recently occupied by the Community Development offices, on the second floor of City Hall, will provide more space for DMV customers as well as allowing utility customers more space and better access to the utility counter. Administrative and finance offices will shift into the vacated space. New signage, costs for advertising the move and other cost will be captured in this appropriation. INTENT:To approve the appropriation of an amount not to exceed$20,000 from the general fund to move the Seward DMV office and renovate the vacated office space for future use. CONSISTENCY CHECKLIST: Yes No NA 1 X Comprehensive Plan: "Coordinate and involve public agencies affecting the economic and social life of Seward." 2 Strategic Plan: (Page 2) City Mission X 3 Other: X FISCAL NOTE: Funding in an amount not to exceed $20,000.00 will come from the General Fund's unassigned fund balance account. Approved by Finance Department: j G izZat ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approval of Resolution 2014-b. approving and appropriating an amount not to exceed$20,000, to relocate the Seward Department of Motor vehicle offices, and renovate office spaces. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,APPROVING THE SEWARD COMMUNITY HEALTH CENTER 2015 BUDGET IN ACCORDANCE WITH SECTION 330 OF THE PUBLIC HEALTH SERVICE ACT,AND AS REQUIRED BY THE CO-APPLICANT AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SEWARD COMMUNITY HEALTH CENTER WHEREAS,the Seward City Council enacted Ordinance 2010-008 on December 13,2010, establishing the powers and duties of the Governing Board of Directors ("Governing Board") charged with oversight of the Seward Community Health Center; and WHEREAS,the City of Seward("City")and the Seward Community Health Center are co- applicants as a federally qualified health center("CHC)in accordance with Section 330 of the Public Health Service Act(42 U.S.C. § 254b); and WHEREAS,the City and the CHC entered into a Co-Applicant Agreement dated February 20, 2014, wherein the parties agreed that the CHC budget would be submitted to the City Council after approval by the Governing Board and providing that "the City Council may not unilaterally revise a budget approved by the Governing Board or approve an alternate budget for the Health Center without review and final approval by the Governing Board,with subsequent follow-up by the City Council"; and WHEREAS, the Governing Board of the CHC approved the 2015 Seward Community Health Center Section 330(year 2)grant budget at a board meeting held on September 25,2014,and the Coordinating Committee("Committee")of the CHC and the City administration met to review the grant budget, and both the Board and the Committee recommend approval by the Seward City Council. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby approves the 2015 budget of the Seward Community Health Center,representing the Year 2 grant budget for Section 330 funding through the Health Resources and Services Administration. Section 2. The City of Seward's financial contribution to the Seward Community Health Center for 2015 was approved in the City's 2014/2015 Biennial Budget,and reflects a contribution from the City to the CHC in the amount of$500,000 for 2015. rinsaiiimor CITY OF SEWARD, ALASKA RESOLUTION 2014-083 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 13th day of October, 2014. THE CITY OF SEWARD ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk COUNCIL AGENDA STATEMENT ,`!o Meeting Date: October 13,2014 ter- From: James Hunt,City Manager 44,4SK 11111r Agenda Item: Council Co-Applicant approval of Section 330 Seward Community Health Center 2015 Budget BACKGROUND&JUSTIFICATION: The Seward City Council authorized the creation of the Seward Community Health Center("CHC")and Board when it enacted Ordinance 2010-008 in December, 2010, formalizing the powers and duties of the board of directors charged with overseeing the Seward Community Health Center. The City of Seward and the CHC are co-applicants for Section 330 federal funding to operate a federally qualified health center in Seward; together, the entities comprise "the Health Center". The parties entered into a Co-Applicant Agreement ("Agreement") on February 20, 2014 approved by Council Resolution 2014-018. This Agreement requires that the CHC budget be approved first by the Governing Board and then by the City Council,and includes the following language: §3.2.4 "The Governing Board shall approve the annual operating and capital budget in accordance with Section 330 requirements and City policies. The overall plan and budget shall be prepared under the Governing Board's direction by the Health Center's management team and the Finance Committee of the Governing Board " §3.2.5 "The Governing Board shall submit an annual City Council for approval, as a co-applicant requirement of Section 330. The Board shall submit the budget no later than October 1 of each year,for the following year. If the Board unreasonably fails to approve an annual budget, the City may still submit the annual funding request under Section 330 of the Federal Public Health Service Act. No budget shall become effective without City Council approval. " §4.2.4 "The City Council shall be responsible for adopting the Health Center's annual operating and capital budgets as finally approved by the Governing Board; the City Council may not unilaterally revise a budget approved by the Governing Board or approve an alternate budget for the Health Center without review and final approval by the Governing Board, with subsequent follow-up by the Council in accordance with Seward City Code 2.40.030(a)." In accordance with Section 5 of the Agreement, the parties also agree to participate in a Coordinating Committee comprised of one member each of the Governing Board, the City Council, the Health Center executive director, and the City Manager or his designee. This group met to review the proposed 2015 Seward Community Health Center budget and has recommended its approval. Further, Health Resources & Services Administration ("HRSA") issued Policy Information Notice 2013- 01 on March 18, 2014, requiring that health centers prepare and submit grant applications that contain a total budget for the health center scope of services for 12 months, and the budget must include a separate budget breakdown for the section 330 funding proposed for the application period, showing costs supported by the grant and costs supported by other sources of non-HRSA-grant funds (i.e. patient service revenue, City grant funding, other funding). � Lf rr.r.rrrr..► CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan(document source here): 2. Strategic Plan(document source here): 3. Other(list): Co-Applicant Agreement dated 2/20/2014;HRSA PIN 2013-01 pp. 5-6 X ATTORNEY REVIEW: Yes X No FISCAL NOTE: The City of Seward's 2015 Budget includes $500,000 in funding for the Seward Community Health Center. On a going-forward basis, if the CHC meets certain targets for expanded services to new patients, annual funding from HRSA is estimated at$855,750 which includes the original $650,000 base grant plus $18,750 CPI increase, plus $187,000 for expanded services. These funds will help to provide lower-cost primary healthcare services to Seward residents, helping to divert patients from much higher cost of care in the hospital emergency room. These healthcare dollars coming from outside the community provide significant economic benefits to Seward and its residents,as well as improved access to primary healthcare for our uninsured and under-insured residents. As federal grant funding increases, it is expected that the CHC will become less reliant on City funding for operations. Approved by Finance Department: .56 RECOMMENDATION: 61) Council approve Resolution 2014- approving the 2015 Seward Community Health Center budget. sod SEWARD COMMUNITY HEALTH CENTER 2015 (Year 2) 330 Federal Grant Budget—Summary and Key Assumptions Summary: • Federal 330 Grant Year 2 is from February 1, 2015 to January 31, 2016 • 330 Grant budgets must include all revenue sources and total expenses split between "federal"and "non-federal" • Year 2 Federal Grant Amount is "Recommended"at $746,667 (as per box 13 in the most recent Notice of Grant Award received 9/15/14), comprised of: o $650,000 —original base award recommended for year 2 o $18,750 — annual CPI increase to base effective 8/8/14 o $77,917 — partial year Expanded Services Supplemental Grant effective 9/1/14 • Non-Federal Revenue Sources totaling $1,685,130 comprised of: o $500,000 — City of Seward 2015 Allocation o $1,185,130 — net billings (gross charges less discounts, allowances and bad debts) from patient revenues • Total Revenues are $2,431,797 • Total Expenses are $2,431,797 (330 grant budgets have to be balanced at $0) comprised of: o $746,667— personnel costs applied to federal 330 grant o $1,105,985— personnel costs applied to non-federal revenue sources o $579,145— non-personnel costs applied to non-federal revenue sources Key Assumptions: • Three permanent providers will be on staff totaling 2.60 FTE's for patient care: o 1.0 full time physician provider starting by February 1, 2015 (to be named) o 1.0 full time physician provider starting May 1, 2015 (.75 FTE) split 80% patient care and 20% Medical Director or .60 FTE for patient care (named) o 1.0 full time physician assistant provider starting October, 2014 (named) • Patient volume to average 2,944 visits per FTE provider or 7,654 total patient visits • Patient revenue/Payer mix based on estimated billable visits and net income per visit includes: o 44.5% Commercial Insurance (based on negotiated rates) o 26.6% Medicaid (based on Alaska encounter rate per visit) Page 1 of 2 �1 o 23.7% Medicare (a 45% increase due to new payment system for CHC's) o 5.2% Self-pay (sliding fee discount program payments and other self-pays) • Total FTE's increase (due to original grant ramp up for year 2 plus additional positions funded through the Expanded Services grant) from current level of 10.0 to 17.25 comprised of: o 2.75 providers (2 physicians and 1 physician assistant) o 4.75 clinical support staff(RN, medical and nursing assistants) o 3.0 front desk staff(registration and medical records) o 1.0 health educator (patients and community) o 1.0 quality improvement/patient centered medical home coordinator o 1.0 outreach and enrollment specialist o 1.0 billing specialist o 2.75 administrative staff(Executive Director, Finance Director, Admin. Asst.) • Usual and customary non-personnel expenses including the following key contracted services: o Part-year Medical Director services ($20,000) o Minimal temporary coverage for permanent providers ($31,000) o Billing/RCM/Coding Services ($80,000) o Electronic Health Record System fees ($53,000) o CHC Chief Financial Officer/fiscal management oversight services ($33,000) o Independent auditor ($25,000) Nord o CHC technical consultation ($40,000) o Utilities and Services from Providence Seward Medical and Care Center ($90,000) o Liability insurance packages ($30,000) Page 2 of 2 Seward Community Health Center Year 2 Budget Period Renewal HRSA Other TOTAL Federal I Non-Federal I ****,volume: #of Patients 3,062 Patient Encounters 7,654 Revenue: Federal BPHC 330 Grant 746,667 State/Local 746,667 Program Income (Patient Revenue) 500,000 500,000 TOTAL REVENUE - 1,185,130 1,185,130 746,667 1,685,130 2,431,797 Expense: Personnel-Refer to Form 2 Staffing Profile Administration/Management 217,960 130,470 348,430 Facility and Non-Clinical Support Staff 34,320 Physicians - 34,320 NP, PA, and CNMs - 360,000 360,000- Medical 105,000 105,000 220,500 220,500 Enabling Services 38,480 94,960 133,440 Other Programs and Services Total Salary Expense 511,260 726,481 1,237,741 Fringe Benefits: Health Insurance 33.09% 169,199 240,425 409,624 ,,, Social Security/Medicare 7.65% 39,111 55,576 94,687 Retirement 3.00% 15,338 21,794 37,132 Unemployment 2.30% 11,759 16,709 28,468 Signing& Relocation 45,000 45,000 Total Fringe Benefits 46.04% 235,407 379,504 614,911 Subtotal Personnel and Fringe 746,667 1,105,985 1,852,652 Travel: Providers and Staff - 22,500 22,500 Board - 14,000 14,000 - Other - - Subtotal Travel - 36,500 36,500 Supplies: Pharmacy/Medications $ 2.50 - 19,136 19,136 Medical Supplies $ 5.00 - 38,272 38,272 Office - 6,500 6,500 Minor Equipment(<$5,000) - 24,000 24,000 Subtotal supplies - 87,908 87,908 Contractual: Patient Care: Visiting PA/Contractual - 31,500 31,500 Collaborative Physician/Medical Director 20,102 20,102 Non-Patient Care: Accounting Auditing - 33,000 33,000 Billing &Coding 25,000 25,000 80,000 80,000 a Seward Community Health Center Year 2 Budget Period Renewal HRSA Other TOTAL Federal Non-Federal Legal - 6,000 6,000 Services-Electronic(EPM, EHR) 53,081 53,081 Technical Assistance/Consulting - 40,000 40,000 Subtotal Contractual - 288,683 288,683 Other: Bank Fees - 2,500 2,500 Community& Health Education 8,000 8,000 Communications - 13,650 13,650 Dues &Subscriptions - 10,000 10,000 Equipment Maintenance - 1,000 1,000 Insurance-Malpractice - 9,722 9,722 Insurance- Property 1,500 1,500 Insurance-Workers Comp 18,500 18,500 Patient Transportation 1,200 1,200 Postage/Freight - 3,000 3,000 Facility Janitorial Contract/PSMC - 10,560 10,560 Rent: PA Housing - 3,600 3,600 Repairs&Maintenance - 40,616 40,616 Training - 3,000 3,000 Utilities(PSMC) - 39,206 39,206 Subtotal Other - 166,054 166,054 TOTAL EXPENSE 746,667 1,685,130 2,431,797 I_N Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PAYMENT IN THE AMOUNT OF$469,615.22 IN ACCORDANCE WITH THE PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF SEWARD AND THE US ARMY CORPS OF ENGINEERS, REPRESENTING THE REMAINDER OF THE INITIAL 10% CITY COST SHARE ON THE BREAKWATER CONSTRUCTION PROJECT,AND APPROPRIATING FUNDS WHEREAS, the City of Seward entered into a Project Cooperation Agreement ("PCA") with the U.S. Department of the Army, Army Corps of Engineers ("USACE") to construct a ne harbor breakwater in June, 2003, as authorized by Resolution 2003-64, in accordance with 1999 passage of the Water Resources Development Act ("WRDA") authorization to construct the Seward harbor breakwater; and WHEREAS, the PCA required the City to pay for the local project costs as well as 20% of the General Navigation Features ("GNF") of the project, with costs to be allocated betwee the USACE and the City upon completion of the project; and n WHEREAS, a breakwater design deficiency added unexpected additional costs to the initial project, and the project was further amended to include dredging the Small Boat Harbor to achieve economies of scale during a separate USACE dredging project; and WHEREAS, the balance remaining on the initial 10% of Phase I project costs is due and payable immediately, in the amount of$469,615.22, with the remaining $1,201,196 eligible for loan financing over thirty (30) years at an initial variable interest rate of 3.875%, which will come before the City Council by separate resolution; and WHEREAS, the Seward City Council has passed no less than seven legislative priority resolutions requesting $2.66 Million in relief from the requirement to contribute toward the local cost-share for this project but has not received grant funding and is required to timely submit payment for the remaining outstanding balance of the initial 10% of project costs for Phase I of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: fir• 1 CITY OF SEWARD, ALASKA RESOLUTION 2014-084 Section 1. The City Manager is hereby 469,615.22 to the US t costs for Department of the Army to fulfill the outstanding balance of the initial Phase I of the breakwater construction project, in accordance with the PCA dated June 13, 2003. Section 2. Funding in the amount of $469,615.22 is hereby appropriated from the ated by commercial passenger vessel tax proceeds (account land OOOnsionlprojectsan(account no. previous resolutions authorizing the breakwater construction 11320-0000-3700). Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October 2014. THE CITY OF SEWARD, ALASKA Niad Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 Council Agenda Statement r OF sFlt, Meeting Date: October 13, 2014 From: I'���9�'0 James Hunt, City Manager Agenda Item: 4. -sr� US Army Corps Payment Required for the Initial 10%Pa Project and Small Boat Harbor Dred in Project ° yment for the Harbor Breakwater BACKGROUND&JUSTIFICATION: The Water Resources Development Act("WRDA")of the Arm ")passed by Congress in 1999,included autho ' The City y,Army Corps of Engineers ("USACE")to construct a new harbor breakwater finrS ard. ty and USACE entered into a Project Cooperation Agreement("PCA") 2003-64,with General Navigation Feature("GNF")costs to be shared 80%federal and 20%local June,2003 approved by Resolution the City was required to pay for 100%of local service feature costs which the City might include was required to pay for 10%of the local matching costs up-front, with the option c�match.In addition, 10 lump-sum,or to enter into a long-term loan to finance the remaining 10%of g ude in the project. The of this action is to seek funding for the remaining balance of the initial 10% ption to either a g local matching for The purpose City paid the initial estimated costs of the 10%local cost share, with the understanding that once the ppojeec. was completed, a final accounting would be made and the USACE would request any remaining balance j The remaining 10%of project costs estimated at$1,201,696 will come before g nce the project was project. g e owed for the with the option to pursue a 30-year loan at an initial variable interest rate of 3.875%. Council in a separate action; The initial breakwater construction was completed in 2005 at a total cost of$8,384,563.20. The City's o ..„ cost share for that portion of the project is $838,456.32. Due to design deficiencies in the construction of breakwater,the City and the USACE worked together to obtain additional funding to correct ty s initial w s allowing potentially damaging wave action in the harbor basin. The the g ect the deficiency which was correction of the design deficiency and also required the City to pay 20%of the project costs.The total cost of Phase in 2009 authorized II of the breakwater(extension)was$4,267,396,with the City's initial 10%cost share for that portion$426,739.60. p n of the project In 2009,the City and the USACE determined a need to dredge the Small Boat Harbor to eliminate vessel groundings and provide for safer navigation but the project was not pursued due to federal budget constraints. In January,2012, the City was informed that the federal government appropriated funds to dredge a portion of the Small Boat Harbor which was the federal government's responsibility. To take advantage of potential economies of scale by i backing on the project,the City Council agreed to further amend the scope of the PCA between the City and USACE. Appropriations for the expanded scope were made on July 23 and October 8, 2012. The City's total cost for local features for the dredging and breakwater projects was$1,920,770.06,with the City required to pay 100%of those costs. The PCA between the parties anticipated a difference between the initial cost estimates for the project, final bid prices,and final project costs,and required the parties to finalize their respective contributions to the project once all costs were known. The City was notified in September,2012,of the total amount of project costs,and was presented a bill for the remaining initial 10%project costs in the amount of$469,615.22,plus informed of the need to make arrangements for the second 10%,equal to$1,201,696. The City delayed payment in order to seek federal relief to assist in covering a portion of the City's contributions to the project,passing no less than seven legislative priority resolutions(2009-009; 2010-103; 2011-084; 2012-084; 2013-012; 2013-093; 2014-012) seeking$2.66 million in relief. Despite persistent efforts,the City has not obtained relief and is now required to timely submit payment for the remaining balance of the initial 10%of project costs for this project or risk jeopardizing our ability to obtain other federal funding. INTENT: The intent of this action is to appropriate the remaining initial 10%of local matching funds to the USACE related to Phase I construction of the harbor breakwater,Phase II construction of the harbor breakwater extension to correct a design deficiency,and dredging in the Small Boat Harbor. This action does not address the final required 10%of local match required,amounting to$1,201,696. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan(document source here): 2. Strategic Plan (document source here): Other (list): Project Cooperation Agreement between City of Seward X 3' and USACE dated June 2003, as subsequently amended FISCAL NOTE: Funding for this project will come from cruise ship head tax proceeds. This funding source has been used to provide the local match for the harbor breakwater and breakwater extension projects as well as a portion of the dredging associated with the security dock. The portion of dredging costs associated with the Small Boat Harbor which were not considered beneficial to cruise ships, was paid from the Harbor MRRF Fund. Use of cruise ship head tax proceeds for this purpose will result in a remaining balance of approximately$1.4 Million in that account. Approved by Finance 44a 4t,C1 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Recommend Council approve Resolution 2014- D'6 authorizing the City Manager to submit payment in the amount of$469,615.22 to the US Army Corps of Engineers to satisfy the initial 10%local match for the harbor breakwater,breakwater extension,and dredging projects. i L1 DEPARTMENT OF THE ARMY ;Ii U.S.ARMY ENGINEER DISTRICT,ALASKA j.,4; 1 P.O.BOX 6898 JBER,ALASKA 99506-0898 ATTENTION OF: Civil Project Management Branch 18 Septemb , ►012 Mr.James Hunt City Manager City Of Seward P.O.Box 167 Seward,Alaska 99664 Dear Mr.Hunt; The purpose of this letter is to request additional funds to balance the cost share for the S ward Harbor Project. The below table summarizes the construction cost for the first and secon construction contract,the amounts shown include the construction contract amount and th rr 'associated supervision,inspection and overhead(SIOH)costs. The total construction cost for the harbor expansion and the breakwater extension were $14,572,729 of this $12,651,959 was consider General Navigation Features(GNF)and$11940,770 was 100%local service features. General navigation features are initial cost shared 90% f • al and 10%local sponsor. The final cost share for the GNF's is 80%federal,20%local S o . . The table represents the initial 90/10 cost share,plus the local service feature cost which a ue at the time of construction. Seward share of the total cost is$3,185,966,which include the fi 10% of the local GNF cost share and the cost of the 100%local service features. Local contrib ti,ns received to date are$2,716,351; an additional $469,615.22 is required from the City to bat e the accounts. I Total Federal Share Local cost 100%local 90%of GNF Share first Features 10%of GNF Seward Harbor Expansion 1°` $8,384,563.2 $7,546,106.90 $ 838,456.32 Contract GNF(includes SIOH) 1' Contract 100%Local Features $1,920,770.06 (includes SIGH) $1,920,770.06 SwF Seward Breakwater Ext. $ 4,267,396.0 $3,840,656.40 $ 426,739.60 contract(includes SIGH) $U 1_ e CEPOA-DE SUBJECT: I I I Total Cost $14,572,729.28 $11,386,763.30 $1,265,195.92 $1,920,770.06 • Table of Cost and Contributions: Total Federal Local Total Federal Cost $11,386,763.30 $11,386,763.30 Total Local Cost $ 3,185,965.98 $3,185,965.98 Contribution received $14,103,114.06 $11,386,763.30 $2,716,350.76 Additional Funds Required to $ 469,615.22 $0 $ 469,615.22 balance accounts The second 10%is currently estimated at$1,201,696,this includes a$64,000 credit for 1: Ids easements and right of way(LERRD's),this amount is not due at this time. Checks should be made out.to"FAO,USAED,Alaska District"and mailed to the ad e s below. If you have any questions or are unable to provide funding at this time please con me at 753-2861. US ARMY ENGINEER DISTRICT,ALASKA CEPOA-PM-CW,TINA MCMASTER-GOERING • 2204 3'i STREET ELMENDORF AFB,ALASKA 99506-1518 Sincerely • Tina McMaster-Goering Project Manager 2 r _ Seward Harbor Construction Cost Sharing Federal Cost-Actual Construction 1st construction contract GNF(including SIOH) $8,384,563 2nd construction contract for the breakwater extension(including SIOH) $4,267,396 Subtotal $12,651,959 Less 10%Local Cost Share $1,265,196 Federal Share Construction Cost $11,386,763 Local Costs(100%Local Items and first 10%of the GNF) Dredge/excavate and dispose of Mooring Area Materials,complete $1,666,778 Hydrographic/Topographi Surveys Mooring Area $22,500 Supervision&Administration-13% $231,493 100%Local Features $1,920,770 Total Local Share Construction Cost(First 10% cost share plus 100% local features) $3,185,965.98 Local Contributions PED Balance Transfer ($1,903) Local Cash Contribution Breakwater exten ($500,000) PED Credit ($38,977) PED cash transferred to construction ($175,471) Local Cash Contribution ($2,000,000) Total Local Contribution ($2,716,351) Local Ba lance Due on first 10% $469,615.22 Second 10% Second 10%of Local Cost Share GNF $1,265,196 Credit for LERRD ($64,000) Second 10%Local Share Cost $1,201,196 1 _� Sponsored by: Terry CITY OF SEWARD, ALASKA RESOLUTION 2014-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING THE PASSAGE OF THE INITIATIVE RECREATIONAL MARIJUANA IN ALASKA AND URGING VOTERS TO DEFEAT BALLOT MEASURE 2 WHEREAS,ballot measure 2 would legalize,commercialize,and industrialize recreational marijuana in the State of Alaska for adults 21 and over; and WHEREAS, the use and delivery of marijuana is still a violation of federal law under the Controlled Substances Act; and WHEREAS, the use of marijuana has been found to have negative physical, mental, behavioral and social health consequences and is associated with diseases of the heart,brain,lungs, and vascular system; and WHEREAS,the legalization of marijuana is predicted to produce significant net economic costs to the State of Alaska; and WHEREAS,ballot measure 2 is an extreme measure that would legalize not only marijuana but also potent and dangerous chemical concentrates and drug-infused edibles that appeal to children; and WHEREAS, ballot measure 2 will have negative impacts on our workforce, workforce safety, and employability; and WHEREAS, ballot measure 2 is a harmful measure that ignores the severe problems that have been created by the legalization of recreational marijuana in other states,including public health hazards such as hash oil explosions, increases in driving under the influence,traffic accidents with injuries and deaths, and deaths from edibles; and WHEREAS,the commercialization and industrialization of marijuana will involve outside interest seeking to aggressively market to and profit on Alaskans, including young people; and WHEREAS, this initiative would result in extensive advertising of marijuana, marijuana concentrates (such as Butane Hash Oil, Shatter, and Earwax), marijuana edibles and marijuana accessories in Seward and the Kenai Peninsula Borough; and WHEREAS,our community supports the health and well-being of our adults and children. CITY OF SEWARD,ALASKA RESOLUTION 2014-085 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council opposes the passage of the initiative to legalize recreational marijuana in the State of Alaska. Section 2. The Seward City Council urges votes to defeat ballot measure 2. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of October, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement e & Sek' Meeting Date: October 13, 2014 1:' �4 To: Mayor Bardarson, City Council Members *t••-:' 4t 4swP From: Johanna Kinney, City Clerk -. 1� Agenda Item: Resolution 2014-085, Opposing The Passage Of The Initiative Recreational Marijuana In Alaska And Urging Voters To Defeat Ballot Measure 2. BACKGROUND & JUSTIFICATION: Council Member Terry has sponsored a resolution for consideration of the City Council to oppose Ballot Measure 2, which will be on the November 4, 2014 General Ballot. Ballot Measure 2, if approved, would legalize, commercialize, and industrialize recreational marijuana in the State of Alaska for adults 21 and over. If the City of Seward intended to expend public funds to influence the outcome of an election, it would first need to appropriate the money for that use via passage of a non-code ordinance. Then the city would keep track of those expenditures and report on either form 15-5 or 15-6 to APOC. Alaska Statute AS 15.13.145 is the citation that states; "a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body. " 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election, appropriate funds if the education process may influence the outcome of an election, and require registering and reporting under AS 15.13.040 and AS 15.13.050. Seeking clarification, the City Clerk asked the Alaska Public Offices Commission (APOC) if the City of Seward would need to first pass a non-code ordinance to appropriate funds if they were to pass a resolution opposing a ballot measure. APOC directed the clerk to the attached advisory opinion regarding the Sitka School Board seeking similar clarification on a ballot measure from 2010. The short answers in this advisory opinion were: the school board may pass a resolution without a specific appropriation and expenditures relating to the passage and dissemination of the resolution at issue must be disclosed on a report to APOC. ATTORNEY REVIEW: No RECOMMENDATION: Discuss and decide whether to approve Resolution 2014-085. If approved, the City Clerk shall submit an Independent Expenditures Report if there are any expenditures related to the passage and dissemination of the resolution. If there are no expenditures made, a zero report shall be filed. MARIJUANA FACTS LLI BIG FOR PARENTS >° °N BIG MIST KE Risky Behaviors Su hir -ex-rt • Marijuana use compromises judgment, which can lead to engaging in risky behaviors and negative consequences. • Marijuana can seriously affect a person's sense of time and coordination, raising the risk of injury or death from car crashes or other accidents. These effects can last up to 24 hours after marijuana use. • In 2005, nearly 242,200 people were admitted to emergency rooms suffering from marijuana-related problems.' Research has demonstrated that young people who use marijuana are more likely to use other illegal drugs. For example, the risk of using cocaine is much greater for those who have tried marijuana than for those who have never used.2 Effects on Mental Health • Research has demonstrated that kids age 12 to 17 who use marijuana weekly are three times more likely than nonusers to have suicidal thoughts. • In addition to psychosis, chronic marijuana use has been associated with an array of psychological effects, including depression, anxiety, suicidal thoughts and personality disturbances. One of the most frequently cited is an "amotivational syndrome," which describes a diminished or lost drive to engage in formerly rewarding activities. 3 Effects on the Adolescent Brain • Marijuana impairs the brain's effectiveness, ability to concentrate, coordination and ability to retain information by changing the way sensory information reaches and is processed by the brain. • Compared to nonsmoking peers, students who smoke marijuana tend to get lower grades and are more likely to drop out of high school. Students who use marijuana before the age 15 are three times more likely to have left school by age 16.4 Marijuana Is Addictive • Current research has demonstrated the earlier marijuana use begins, the more likely the user will become dependent on it or other types of drugs later in life. • Regular marijuana users have a 40% chance of becoming addicted (two of every five regular users). • In 2006, nearly 290,000 people entered drug treatment programs to kick their marijuana habit.5 What Parents Should Look For • Marijuana is usually smoked using cigarette rolling papers, a purchased water bong or a makeshift bong that can be made from a variety of items. Hash can be smoked or eaten and is sometimes cooked into baked goods. • Signs and symptoms of marijuana use include: dilated pupils and bloodshot eyes, cigarette rolling papers, seeds that have been cleaned from marijuana, smell on clothing, room, or car, or air fresheners disguising smell, sleepy appearance, reduced motivation, pipes, bongs or homemade devices, or sticky residue from burned marijuana.° . . > _..I {.7...:�-i:' 1:;7:,'Ci v'08 ,,t.:C D JI c.. (.tc.i 31_G. 0.;ti.. , (Lila ..c. .L...x �; � �;, acv« • •., -i...,...,_r. . .,;.'r �:Oit: c :. i..., a 01:a a?J,'1c.!:f.,, i:c('e;., .:.::;?, ,u: �:'i'l P.O. Box 240111 Anchorage, AK 99524 BigMarijuanaBigMistake.org Paid for By Big Marijuana.Big Mistake.Vote No on 2,Anchorage,AK.Chaired by Mike Williams, who approves this message.Top contributors are Chenega Corporation,Anchorage,AK;Alaska Regional Hospital,Anchorage AK;and Thomas Tougas,Seward,AK. . 1 MARIJUANA FACTS o kIfoN'lIRIJUANA FOR YOUTH > BIG MISTAKE Effects on the Brain and Development • If marijuana use starts in adolescence, the chances of addiction are 1 in 6.1 • The National Institute on Drug Abuse's December 2012 Marijuana Drug Fact Information states: "Research has shown that, in chronic users, marijuana's adverse impact on learning and memory persists after the acute effects of the drug wear off; when marijuana use begins in adolescence, the effects may persist for many years. Research from different areas is converging on the fact that regular marijuana use by young people can have long-lasting negative impacts on the structure and function of their brains." • Science confirms that the adolescent brain, particularly the part of the brain that regulates complex cognitive behavior, personality expression, decision-making and social behavior, is not fully developed until the early to mid-20s. Developing brains are especially susceptible to all of the negative effects of marijuana and other drug use.2 • One of the most well-designed studies on marijuana and intelligence, released in 2012, found that persistent, heavy use of marijuana by adolescents reduces IQ by as much as eight points when tested well into adulthood.3 Effects on School Performance • According to data on marijuana use in youth from the National Survey on Drug Use and Health (2006), teens whose grades averaged "D" were four times more likely to have smoked marijuana in the past year than students whose grades averaged "A." • Other studies have found that marijuana use is linked with dropping out of school, and subsequent unemployment, social welfare dependence and a lower self-reported quality of life than non-marijuana-abusing people.4 • In Colorado prior to legalization (2011), 10.72% of youth were current marijuana users, compared to 7.64% nationally.' • In Colorado Springs in 2012, positive tests for marijuana made up 57% of total drug screenings of high school students, compared to 33% in 2007.5 • "If Denver Public High Schools were considered a state, that state would have the highest past month marijuana use rate in the United States, behind New Hampshire. Denver now has more marijuana dispensaries than liquor stores or licensed pharmacies." —Dr. Christian Thurstone, Denver Health Medical Center rl.. !.,-,.'..,.;., t .,:r: :Y it.s i..t:.c:.'.r..c,:1:,. -._e, -:'orm ,.a f>.:i •k �.:;a,, nc1: u,..,;.,an n i....; cc.jicct,and_.L_.:h:}I. 1 23 .:::.u, :c, �, i ,:.....r,.: c, .n..:::..�.. .:a, a-;:,i. ., ?r.:idr r.� :n.;:...'.a; ' '..i.,-re, 17. . i ,crr rein ?e rl c tl e Fro ;rd,os oith ii. Na ,o:I Ao%:d.,cn ot:..c: ;cep. c.u., . !.f.2. P.O. Box 240111 Anchorage, AK 99524 BigMarijuanaBigMistake.org Paid for By Big Marijuana.Big Mistake.Vote No on 2,Anchorage,AK.Chaired by Mike Williams, who approves this message.Top contributors are Chenega Corporation,Anchorage,AK;Alaska Regional Hospital, Anchorage AK;and Thomas Tougas,Seward,AK. '-\"1 MARIJUANA FACTS 0 MARIJUANA '''' FOR FOR BUSINESS > BIG MISTAKE AND INDUSTRY Worker Productivity and Safety • Workers who smoke marijuana are more likely to experience increased absences, tardiness, accidents, workers' compensation claims and job turnover.' •Workers who test positive for marijuana use have 55% more industrial accidents, 85% more injuries and a 75% increase in absenteeism compared to non-smokers.2 • Marijuana is known to have the following effects:3 -Short-term memory problems and impaired thinking -Loss of balance and coordination and changes in sensory perception -Impaired ability to perform complex tasks -Decreased alertness, concentration and reaction time Employer Liability • Legalization laws may not include specific protection in the workplace. Employers can still choose to test employees for marijuana and enforce a drug-free workplace. • Since marijuana remains illegal under federal law, any workplace that receives federal funding or is subject to federal regulations requiring the testing of safety-sensitive workers must continue to consider marijuana a prohibited substance (Drug-Free Workplace Act of 1988). • Marijuana may pose a litigation risk to employers. A cost estimate of defending an employment practices liability suit is between $69,000 and $107,000—not including any awards.4 Employee Readiness • Heavy marijuana abusers self-report that their use of the drug had negative effects on their cognitive abilities, career status, social life and physical and mental health.5 •According to the National Council of Alcoholism and Drug Dependence, Inc., marijuana smokers can have many of the same problems as tobacco smokers. This can include a daily cough, more frequent acute chest illness and a heightened risk of lung infections, which can lead to employees taking time off of work. • Legalization and increase use of marijuana may result in a diminished pool of trained job candidates. According to the U.S. National Survey on Drug Use and Health, youth with poor academic results were more than four times as likely to have used marijuana in the past year as youth with an average of higher grades.This is consistent with an exhaustive meta-analysis examining four dozen different studies by Macleod and colleagues, published by Lancet. Those researchers found that marijuana use is consistently associated with lower grades and a decreased chance of graduating from school.° :cv<.r ..:a,'L."The.Afic affy of tai `,loymer .i.t;.l screening'In,marijuana and cocaine in t?re is t.4.;1 empkr,'rrrri nco r:.;,”.logirrlal or the A na:ican 4 rjcal tc _C a ' 264(20).N35--2‘34;3, 1) li .!, .,;r,r1..,O.z, .... 116.c,cft,.,.,y of pre-eff#crirne,It cinqt r:enin: for r i r',:.c.: c .7,oc.+ i;. a pre,i,,.:ny erns O rient o.r:c,r.:.`Jat,r.a:..:f the Arrinfich t 3 113 Ar,JcciatEoft ,1 L `. 639 2). . 930 <::is,eo,r k f,1,1;f.s SC,S.r ipe a S. Smith PP Cannal.k Late.010104100,> r fa110+010 and mood is 0 sompie of 4.0.1 ho ci phal rod 20(11:14-23, r d c oil i i3 �p tr) 1 rn r. carp ,r s all e,, journal,Irr August st 201'3. n HuOs(212i,et d Al: if ;c: I rfjtr ; c'< y cannabis; r s conrrr! of l:y c: iicalLi 1 .:. 33(0):1415-1422,200.3, r c i !)_Yc of 'Crc,ao,i.• yc c r i.J-41‘.11. 0 I0 ()4 Peak r sk,. r of r.r p rri, and 6 r r Srnith,0,Pay:Itoiecticei and sociei s,.;ut.io; a a a,J.1(.. ..:,r Jas;t by} fog o::.:ple.„uystem iic,reel ,, i.f'o 14 a;n.al,cjencral population studies.Lancet. 1.33:421 1 rR 15'.;8,2004, 441∎6 P.O. Box 240111 Anchorage, AK 99524 Big MarijuanaBigMistake.org Paid for By Big Marijuana.Big Mistake.Vote Noon 2,Anchorage,AK.Chaired by Mike Williams, who approves this message.Top contributors are Chenega Corporation,Anchorage,AK;Alaska Regional Hospital, Anchorage AK;and Thomas Tougas,Seward,AK. l MARIJUANA FACTS o wisioMARIJUANA FOR LAW > BIG MISTAKE ENFORCEMENT Increased Safety Costs • Marijuana is the most prevalent illegal drug detected in impaired drivers, fatally injured drivers and motor vehicle crash victims. ' • Marijuana impairs motor coordination and reaction time and is the second most prevalent drug (after alcohol) implicated in automobile accidents.2 • In the five years following the establishment of the California Medical Marijuana Program (Jan. 2004), there were 1,240 fatalities in fatal car crashes involving marijuana, compared to 631 for the five years prior, for an increase of almost 100%. 3 • In 2008 there were eight counties where more than 16% of the drivers in fatal car crashes tested positive for marijuana. Five of the eight counties had rates over 20%. • More people are driving on weekend nights under the influence of marijuana (8.3%)than alcohol (2.2%)." • In the first six months that marijuana became legal in state of Washington: - 745 drivers stopped by police tested positive for the drug's psychoactive ingredient, THC, in their blood - More than half of those were over the state's new legal limit of five nanograms of THC per milliliter of blood. - By contrast, in each of the last two full years, about 1,000 drivers who were pulled over tested positive for THC. The increase comes despite the fact that recreational-use pot stores will not open in Washington state until next year.' Increase in Crime Since medical marijuana was approved in California, the Los Angeles Police Dept. reported that areas surrounding cannabis clubs had: • 200% increase in robberies 52% rise in burglaries • 57% increase in aggravated assaults • 131% increase in auto burglaries near dispensaries° Legalization would not ease the burden on law enforcement. According to American Society of Addiction Medicine, "Nationally, there are an estimated 2.7 million alcohol-related arrests each year compared to 750,000 annual marijuana possession arrests. If marijuana use increased, as can be expected under legalization, it is likely that there would be an increase in the number of arrests at the state level for marijuana-related incidents such as public use violations, violations in laws regulating age I imits, and marijuana-related arrests for driving under the influence (DUI)."' ,',: t;t(; F alany tr;jtr.,.D■ivcrs.P, .:'._:av 20 por:a:on Repo;-.:s D0 .i<.[.... !;1(;i civ,:3-f 1! .:d0-iii i I (.£�l�J 7 -:ti , , :1 .,� .... <... �?La:7 � , �.tC;i-IS .. .;; .�i.!i. .,t :t.:: .. t.i.•. Sate c ei; uFz t1,; a, r?r .U<:2 P.O. Box 240111 Anchorage, AK 99524 BigMarijuanaBigMistake.org Paid for By Big Marijuana.Big Mistake.Vote No on 2,Anchorage,AK.Chaired by Mike Williams, who approves this message.Top contributors are Chenega Corporation,Anchorage,AK;Alaska Regional Hospital, Anchorage AK;and Thomas Tougas,Seward,AK. 1'61 1 O No02INIARIJUANA > BIG MISTAKE Against the best interests of our state, ballot measure 2 seeks to legalize, commercialize, advertise and industrialize marijuana and concentrated marijuana products in Alaska. The initiative is costly, extreme, premature and will unduly harm Alaska communities, businesses, families and our youth. We urge Alaskans to vote no on 2. 1. The initiative is far too costly.The State of Alaska estimates that this initiative could increase costs to state government by more than $7 million/year, including increased costs for child neglect and DUIs. Based on past evidence, for every dollar of taxes raised, the social, productivity, business and health costs of substances like marijuana will be $10. 2. The initiative legalizes the manufacturing,advertising,marketing,transport and consumption of extreme products like shatter,butane hash oil and dangerous edibles.Two people have already died in Colorado from marijuana edibles marketed like candy, and emergency room visits have increased. 11141 3. The initiative eliminates local option. As written, the initiative specifically allows individuals to transport and possess up to one ounce of marijuana anywhere and everywhere in Alaska, preventing even "dry" or "damp"villages and other communities from choosing to be marijuana-free. 4. This initiative will not eliminate the illegal trafficking of marijuana. If this initiative passes, there will be illegal sales of marijuana to youth, illegal export of marijuana and illegal sales to adults (just as there are in Colorado now after legalization). 5. Do Alaskans really want another major industry promoting the increased use of another harmful intoxicant? No. There is much evidence that marijuana is harmful to unborn children, developing brains, motivation,judgment(including while driving), mental health,lungs, hearts and more. 6. Large outside interests are funding the initiative.Much like the tobacco industry,the legalization of recreational marijuana will bring to Alaska extensive industrialization from Outside,corporate entities. Big Marijuana won't be about homegrown local businesses. Rather,it will be led by Outside companies seeking to make a profit off Alaskans.In addition,this initiative is being funded by big-dollar interests from the Lower 48. 7. Rates of use by our youth will increase. Public health science is very clear. If this initiative passes, youth use rates of marijuana, including shatter, butane hash oil and edibles, will increase. 8. There is no reason to rush into making a mistake. We deserve to see what happens in Colorado and make a more informed decision about what is best for Alaskans. The costs of this initiative are far too great. Vote No on 2. For more information or to donate to Big Marijuana. Big Mistake. Vote No on 2, visit bigmarijuanabigmistake.org. Paid for by Big Marijuana.Big Mistake.Vote No of 2.Anchorage.AK Chaired by Mike Williams,who approves this message.Top contributors are Chenega Corporation,Anchorage,AK:Thomas Tougas.Seward,AK;and Deborah Williams.Anchorage AK. BIG MARIJUANA. BIG MISTAKE.VOTE NO on 2 Voting no on measure 2 is the best choice for Alaska. If the initiative passes, communities already struggling with the effects of alcohol will be exposed to pervasive marijuana advertising, marketing and storefronts that target all Alaskans, including youth. The Campaign Vote No on 2 is led by a grassroots coalition of concerned Alaskans who are striving to keep our state free from the negative effects of marijuana and an Outside industry poised to forever change the landscape of Alaska. Our coalition includes representatives from communities statewide. Mike Williams serves as chair and Barb Dreyer as treasurer. Big Marijuana. Big Mistake. Vote No on 2 Coordinating Committee Lynda Adams,Ketchikan Debra Kirk,Kodiak Rebecca Koford,Anchorage David Alexander,Anchorage Bill Kurz,Haines Melissa Bassham,Anchorage Crystal Nygard,Mat-Su Andrew Berenston, Ketchikan Sue Pickrell,Ketchikan David Berry,Haines Ruth Schoenleben,Anchorage Joe Byrnes, Fairbanks Renee Schofield, Ketchikan Stefani Borrego,Fairbanks Jacqueline Sieren Tupou,Juneau Dr. Paula Colescott,Anchorage Tom Tougas, Seward Dr. Jerry Covey,Anchorage John Wanamaker, Anchorage Barbara Dreyer,Anchorage Raymond Watson,Bethel Jim Ellis, Anchorage Deborah Williams,Anchorage Charles Fedullo,Anchorage Mike Williams,Akiak Audre Gifford, Kenai Bernadette Wilson, Anchorage Alyce Hanley,Anchorage Kristina Woolston,Anchorage Brittany Hutchison,Fairbanks Tim Woolston,Anchorage Montean Jackson,Fairbanks Jeff Jessee,Anchorage Others Opposing Ballot Initiative 2 Alaska Asthma Coalition Bristol Bay Borough Alaska Academy of Family Physicians City of Ketchikan Chenega Corporation Alaska Association of Police Chiefs Doyon Limited Alaska Association of Peace Officers Four Seasons Marine Services Alaska Conference of Mayors Greater Ketchikan Chamber of Commerce Haines Borough Alaska Mental Health Trust Authority Ketchikan Wellness Coalition Alaska Native Village CEO Association Major Marine Tours Alaska Regional Hospital Premier Alaska Tours Alaska Republican Party Swan Employer Services Usibelli Coal Mine Alaska State Chamber of Commerce Alaska Support Business Alliance Yukon-Kuskokwim Health Corporation Yupiit Nation From website http://www.bigmarijuanabigmistake.org/about-us/ , ® e E 0 *4410e ED (J) ,f rz• `•• 0 13 ; 6c 'O 'O CO w _ sue' "� a "S p--F , . 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Legalization will place a significant financial burden on local law enforcement agencies due to the need for special training that will be necessary to identify marijuana users who are driving impaired and to create or enhance youth education programs. • It is estimated that Alaskan police departments will have combined costs of nearly $6,000,000 to respond to immediate needs which will arise from legalization of marijuana.1 These costs include necessary training of police officers to establish drug impairment based on symptomology because there are no roadside tools like breathalyzers for testing marijuana usage, and for increasing the number of School Resource Officers (SROs) in communities to educate teens about the dangers of drug use. These are expenditures that have been tallied by mostly municipal police departments, therefore the bulk of these costs will likely need to be borne by taxpayers in the impacted communities. Additional costs may exist for the Department of Public Safety. • After medicinal marijuana became easy to get in Colorado, seizures of smuggled marijuana quadrupled in roughly 4 years as "legal" marijuana was diverted to other markets2. No comparable studies have been found addressing this problem in Alaska, but if legalization in this state results in a similar increase in diversion trafficking, more than 75% of Alaskan police feel they will not have sufficient local resources to combat the potential impact in their community.3 • In 2011, the national average for youth aged 12 to 17 years old and considered "current" marijuana users was 7.64 percent which was the highest average since 1981. The most recent figures found for Alaska teens dates from 2009 and puts the number of students claiming to have used marijuana within the last 30 days at 22.7% and the number who have used the drug during their lifetime at 44.5%4. Only 16 Alaskan chiefs report currently having SROs in their communities. If legalization occurs in Alaska, 64% of police chiefs felt it would be necessary to increase the number of school resource and DARE officers doing youth outreach in their communities to protect against an increase in local teen drug usage.5 � 2) • In 2006, Colorado drivers testing positive for marijuana were involved in 28 percent of fatal vehicle crashes involving drugs. By 2011 that number had increased to 56 percent. These statistics clearly indicate the importance of traffic enforcement,but identification of impairment due to marijuana requires special skills.6 No figures seem to exist which can illuminate the degree of the problem in Alaska but the consistency of data from other states would support the assumption that the Alaskan experience would be comparable. Ninety seven percent of Alaskan chiefs responding to the AACOP survey felt their officers needed additional Advanced Roadside Impaired Driving Enforcement (ARIDE) or Drug Recognition Expert (DRE) training to help them properly identify drivers impaired by marijuana. Of more than 950 police officers in the state, less than 100 are estimated to have ARIDE training, and less than 20 now have DRE training.? • Less than 6% of the AACOP survey respondents felt their local taxpayers would support a sufficient increase in their police budget to meet the anticipated financial implications of marijuana legalization.8 • Seventy five percent of respondents felt their agency would require financial assistance to meet training needs that will be created by legalization. Providing this training for all police officers will not only be costly to local taxpayers and also Norir logistically difficult.9 • Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer (and confirmed with a blood alcohol content measurement), valid detection for cannabis is time-consuming, and blood tests cannot definitively determine an approximate degree of impairment.The lack of suitable roadside tests and agreed-upon intoxication levels will make enforcement of impaired driving more difficult.10 • The necessity of drawing blood for toxicology testing creates another potential problem for police as it will necessitate training officers as phlebotomists, contracting with an independent phlebotomist to be on call, or taking all drivers suspected of impaired driving due to drugs (DUID) to the nearest hospital or clinic to have blood drawn..11 In this "post-CSI" era, juries are likely to expect effective prosecution of drug impairment will require a toxicology evaluation combined with the testimony of a trained Drug Recognition Expert. 2. Stoned driving and other dangers would be increased,while the difficulty of proving impairment from marijuana may impact prosecutions, and could make civil settlements more difficult in the case of personal injury lawsuits. 2 • Drugged driving impairs one's motor skills,reaction time, and judgment and is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.12 • In other states where there has been an enormous increase in "medical" marijuana cardholders, DUI arrests involving marijuana have skyrocketed,as have traffic fatalities where marijuana was found in the system of one of the drivers.13 Because toxicology results are not universally reported for Alaskan crashes no definitive data exists which would demonstrate a different result here. • In 2011 there were 9.4 million persons aged 12 and older who reported driving under the influence of illicit drugs during the past year. The rate was highest among young adults aged 18 to 25.14 • Drugs that may affect driving were detected in one of every seven weekend nighttime drivers in California during the summer of 2012. In the first California statewide roadside survey of alcohol and drug use by drivers, 14 percent of drivers tested positive for drugs, 7.4 percent of drivers tested positive for alcohol, and just as many as tested r,r,, positive for marijuana as alcohol.15 • In a study of seriously injured drivers admitted to a Maryland Level-1 shock-trauma center, 65.7 percent were found to have positive toxicology results for alcohol and/or drugs. Almost 51 percent of the total tested positive for illegal drugs. A total of 26.9 percent of the drivers tested positive for marijuana.16 • The National Organization for the Reform of Marijuana Laws (NORML) has called for a science-based educational campaign targeting drugged driving behavior. In a January 2008 report titled, Cannabis and Driving, it is noted that motorists should be discouraged from driving if they have recently smoked cannabis and should never operate a motor vehicle after having consumed both marijuana and alcohol. The report also calls for the development of roadside. cannabis-sensitive technology to better assist law enforcement in identifying drivers who may be under the influence of pot.17 • In a 2007 National Roadside Survey of alcohol and drug use by drivers, a random sample of weekend nighttime drivers across the United States found that 16.3 percent of the drivers tested positive for drugs, compared to 2.2 percent of drivers with blood fir► 3 alcohol concentrations at or above the legal limit. Drugs were present more than 7 times as frequently as alcohol.18 • Low doses of THC moderately impairs cognitive and psychomotor tasks associated with driving, while severe driving impairment is observed with high doses, chronic use and in combination with low doses of alcohol. The more difficult and unpredictable the task,the more likely marijuana will impair performance. 19 3. Persons under the influence of marijuana will present a risk on job-sites. If marijuana is legalized, aggressive drug screening and periodic testing of medical personnel, industrial workers, transportation workers. and others will be necessary to insure safety of the public and other workers. • According to the American Council for Drug Education in New York, employees who abuse drugs are 10 times more likely to miss work, 3.6 times more likely to be involved in on-the-job incidents (and 5 times more likely to injure themselves or another worker in the process) and 5 times more likely to file a workers' compensation claim. They also are said to be 33 percent less productive and responsible for potentially tripling health care costs. 20 • The risk that your surgeon, pilot, bus driver, or coworker has used marijuana will increase if the drug is decriminalized. • A Rand study suggests drug use leads to about a 25-percent increase in men's risk of having a workplace injury.21 • In addition to the acute effects of alcohol and other drug use on judgment and psychomotor skills, substance use that occurs hours before a worker begins his or her shift can cause spillover effects, such as fatigue and hangovers, that may independently increase injury risk. Studies have shown that hangovers affect cognitive skills,including tasks related to driving or piloting aircraft, which may therefore influence the risk of injury in a manner similar to the influences of acute alcohol intoxication.22 • Persons more likely to misuse alcohol and other substances may be more likely to be engaged in other behaviors that increase the risk of injury, a concept termed deviance proneness23 4. Marijuana legalization will usher in Drug Commercialization increasing the chances of the drug falling into the hands of kids. 4 p`Ib+ • Already, private holding groups and financiers have raised millions of start-up dollars to promote businesses that will sell marijuana and marijuana-related merchandise. • Cannabis food and candy is being marketed to children and are already responsible for a growing number of marijuana-related ER visits.24 Edibles with names such as "Ring Pots" and "Pot Tarts" are inspired by common children's candy and dessert products such as"Ring Pops"and"Pop Tarts." • Several, profitable vending machines containing products such as marijuana brownies are emerging throughout the country.25 • The former head of Strategy for Microsoft has said that he wants to "mint more millionaires than Microsoft"with marijuana and that he wants to create the "Starbucks of marijuana."26 5. Marijuana use will increase under legalization • Because they are accessible and available,our legal drugs are used far more than our illegal ones.According to recent surveys,alcohol is used by 52% of Americans and tobacco is used by 27%of Americans. Marijuana is used by 8%of Americans.27 • When RAND researchers analyzed California's 2010 effort to legalize marijuana, they concluded that the price of the drug could plummet and therefore marijuana consumption could increase.28 • The 2011 Monitoring the Future Survey noted that daily or near daily marijuana use, defined as use on 20 or more occasions in the past 30 days rose significantly in the 8th, 10th and 12th grades in 2010 and rose slightly higher again in 2011. This translates to one in every 15 high school seniors smoking pot on a daily or near daily basis, the highest rates that has been seen in thirty years-since 1981.29 6. Marijuana is especially harmful to kids and adolescents. • Marijuana use that begins in adolescence increases the risk they will become addicted to the drug. The risk of addiction goes from about 1 in 11 overall to 1 in 6 for those who start using in their teens,and even higher among daily smokers.30 • Marijuana contributes to psychosis and schizophrenia 31, addiction for 1 in 6 kids who ever use it once 32,and it reduces IQ among those who started smoking before age 18.33 r► 5 1 • Regular or daily use of marijuana may be robbing many young people of their potential to achieve and excel. THC, a key ingredient in marijuana, alters the ability of the brain's hippocampus to communicate effectively with other brain regions. In addition, recent research has shown that marijuana use that begins during adolescence can lower IQ and impair other measures of mental function in adulthood.34 7. Today's marijuana is NOT your Woodstock weed. • In the 1960s and '70s, THC levels of the marijuana smoked by baby boomers averaged around 1%, increasing to just under 4% in 1983, and almost tripling in the subsequent 30 years to around 11%in 2011.35 8. Marijuana legalization will increase public costs. • For every$1 in alcohol and tobacco tax revenues,society loses$10 in social costs, from accidents to health damage36. • In addition to the costs to law enforcement for training and prevention, the anticipated increase in impaired driving arrests would result in additional court costs including Nierd prosecution and public defenders. Even in places where these costs are not borne directly by taxpayers, they will divert funds which might otherwise be used to support other civic needs. 9. People are not in prison for small time marijuana use. • Few people are currently in prison for marijuana possession (in fact, only 0.1% of prisoners with no prior offenses 37) and current alcohol arrest rates are over three times higher than marijuana arrest rates.38 • Statistics on state-level prisoners around the United States reveal that just 0.3% of all state inmates were behind bars for marijuana possession only (with many of those pleading down from more serious crimes).39 • 99.8% of federal prisoners sentenced for drug offenses were incarcerated for drug trafficking.4° • The risk of arrest for each joint smoked is estimated at 1 in 12,000.41 6 • On the most recent prison census date only 4 people were incarcerated in Alaska prisons due to conviction on 6th degree Misconduct Involving Controlled Substance (MICS) which would include possession of less than 1 oz. of marijuana (the amount legalized by the proposed legislation). It is undetermined if these MICS-6 offenders had concurrent convictions for other offenses as well, but it is possible that at least some do.42 10. Drug cartels and the black market will continue to function under legalization. • A recent RAND report showed that Mexican drug trafficking groups only received a minority of their revenue (15-25%) from marijuana. For them, the big money is found in illegal trade such as human trafficking,kidnapping,extortion,piracy, and other illicit drugs.43 • We know from past experience with other businesses that illegal actors have a lot to do with so called legal industries. These cartels will only be helped with legalization and more addiction, not hurt. • Dealers aren't likely to give up their lucrative income. Legalization of marijuana fir„„. will lead entrepreneur dealers and cartels to focus their energies on selling harder drugs. 11. The foreign experience is not promising. Neither Portugal nor Holland provides any successful example of legalization. • Offenses related to drug use or possession for use continued to comprise the majority of drug law offenses in 2010; between 2005 and 2010,there was an estimated 19 percent increase in the number of offenses related to drug use in Europe.44 • Independent research reveals that in the Netherlands, where marijuana was commercialized and sold openly at "coffee shops," marijuana use among young adults increased almost 300%. 45 Now, the Dutch are retreated from their loose policies.About 70 percent of Dutch towns have a zero-tolerance policy toward cannabis cafes.46 • There are signs that tolerance for marijuana in the Netherlands is receding. They have recently closed hundreds of coffee shops, and today Dutch citizens have a higher likelihood of being admitted to treatment than nearly all other countries in Europe.47 �rr 7 • In Portugal, use levels are mixed, and despite reports to the contrary, they have not legalized drugs.In 2001, Portugal started to refer drug users to three person"panels of social workers" that recommend treatment or another course of action. As the European Monitoring Center's findings concluded: "the country does not show specific developments in its drug situation that would clearly distinguish it from other European countries that have a different policy."48 12. Marijuana is believed by some to have medicinal properties, but we shouldn't smoke the plant in order to derive those benefits,just like we do not smoke opium to get the benefits of morphine. More widespread use would increase the dangers of secondhand smoke damage to nonsmokers and children in the homes of users. • A 1999 The Institute of Medicine (IOM) study explained that"smoked marijuana . . .is a crude THC delivery system that also delivers harmful substances." In addition, "plants contain a variable mixture of biologically active compounds and cannot be expected to provide a precisely defined drug effect." Therefore, the study concluded that "there is little future in smoked marijuana as a medically approved medication."49 • The principal IOM investigators explicitly stated that using smoked marijuana in clinical ,,, trials "should not be designed to develop it as a licensed drug, but should be a stepping stone to the development of new,safe delivery systems of cannabinoids."58 • In states with medical marijuana laws, the average user is a male in his 30s with no terminal illness and a history of drug abuse.51 • Less than 2%of users have cancer or AIDS.52 • Residents of states with medical marijuana laws generally have abuse and dependence rates almost twice as high as states with no such laws.53 • Research should be conducted to produce pharmacy-attainable, non-smoked medications based on marijuana. 13. The Alaska Initiative is premature. The experience of Colorado and Washington is not promising. It is better to wait to see if predictions of both sides are borne out by hard data rather than rely on speculation and the promise that benefit will outweigh harm. 8 lorw • Two independent reports released in August 2013 document how Colorado's supposedly regulated system is not well regulated at all.54 • Teen use has increased in the past five years. Currently, the marijuana use rate among Colorado teens is 50%above the national average.55 • Drug-related referrals for high school students testing positive for marijuana has increased.56 • Medical marijuana is easily diverted to youth.57 • While the total number of car crashes in Colorado declined from 2007 to 2011, the number of fatal car crashes with drivers testing positive for marijuana rose sharply.58 14. Marijuana is often used as a stepping-stone drug, leading to heroin, cocaine, or other harder drugs. • Teens who experiment with marijuana may be making themselves more vulnerable to heroin addiction later in life, if the findings from experiments with rats are any indication. Cannabis has very long-term,enduring effects on the brain..58 • Marijuana is a frequent precursor to the use of more dangerous drugs and signals a significantly enhanced likelihood of drug problems in adult life. The Journal of the American Medical Association reported, based on a study of 300 sets of twins, "that marijuana-using twins were four times more likely than their siblings to use cocaine and crack cocaine, and five times more likely to use hallucinogens such as LSD."60 • Long-term studies on patterns of drug usage among young people show that very few of them use other drugs without first starting with marijuana. For example, one study found that among adults (age 26 and older) who had used cocaine, 62 percent had initiated marijuana use before age 15. By contrast, less than one percent of adults who never tried marijuana went on to use cocaine.61 • Columbia University's National Center on Addiction and Substance Abuse (CASA) reports that teens who used marijuana at least once in the last month are 13 times likelier than other teens to use another drug like cocaine, heroin, or methamphetamine and almost 26 times likelier than those teens who have never used marijuana to use another drug.62 9 9l • An estimated 3.1 million persons aged 12 or older— an average of approximately 8,400 per day - used a drug other than alcohol for the first time in the past year according to the 2011 National Survey on Drug Use and Health. More than two-thirds (68 percent) of these new users reported that marijuana was the first drug they tried.63 • Nearly one in ten high school students (9 percent) report using marijuana 20 times or more in the past month according to the findings of the 2011 Partnership Attitude Tracking Survey.64 • Teens past month heavy marijuana users are significantly more likely than teens that have not used marijuana in the past to: use cocaine/crack (30 times more likely); use Ecstasy(20 times more likely); abuse prescription pain relievers (15 times more likely): and abuse over the counter medications (14 times more likely). This clearly denotes that teens that use marijuana regularly are using other substances at a much higher rate than teens who do not smoke marijuana,or smoke less often.65 ENDNOTES 1 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 2 The Legalization of Marijuana in Colorado:The Impact Vol.1/August 2013 3 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 4 MARIJUANA USE BY YOUNG PEOPLE:The Impact of State Medical Marijuana Laws By Karen O'Keefe,Esq,.Director of State Policies, Marijuana Policy Project and Mitch Earleywine,Ph.D.,Professor of Psychology University at Albany,State University of New York, Updated:June 2011 5 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 6 The Legalization of Marijuana in Colorado:The Impact Vol.1/August 2013 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 8 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 9 AACOP survey of Alaskan police chiefs conducted April 28-May 5,2014 18 http://en.wikipedia.org/wiki/Cannabis drug testing 11 Interview with AK Crime lab director 0.Dym,May 27,2014 12 NIDA Info Facts:Drugged Driving,September 10,2009,page 1.http://drugabuse.gov/Infofacts/driving.html 13 Volz,Matt."Drug overdose:Medical marijuana facing a backlash."http://www.msnbc.msn.com/id/37282436 14 Department of Health and Human Services,Substance Abuse and Mental Health Services Administration,Office of Applied Studies.Results from the 2011 National Survey on Drug Use and Health:Summary of National Findings. September 2012.P.2 16"California Roadside Survey Finds Twice as Many Weekend Nighttime Drivers Test Positive for Other Drugs as for Alcohol:Marijuana as Likely as Alcohol."CESARFAX,Col.21,Issue 48,December 3,2012. www.cesar.umd.edu/cesar/vol21/21-48.pdf 16 DuPont,Robert."National Survey Confirms that Drugged Driving is Significantly More Widespread than Drunk Driving."Commentary,Institute for Behavior and Health,July 17,2009.page 1.http://www..ibhinc.org. 10 ci a 17"Cannabis and Driving:A Scientific and Rational Review."Armentano,Paul.NORML/NORML Foundation.January 10,2008. http://normal.org/index.cfm?Group ID=7475 for article and http://normal.org/index.cfm?Group ID=7459 for the full report. 18 DuPont,Robert."National Survey Confirms that Drugged Driving is Significantly More Widespread than Drunk Driving."Commentary,Institute for Behavior and Health,July 17,2009.page 1.http://www.ibhinc.org 19 http://www.nhtsa.Rov/people/iniurv/research/iob185drugs/cannabis.htm. 20 http://www.safetvandhealthmaRazine.com/articles/6044 21 http://www.rand.org/content/dam/rand/pubs/occasional papers/2009/RAND OP247.pdf 22 Lemon,1993;Yesavage and Leirer,1986 23 Dawson,1994;Lehman et al.,1995;Newcomb,1994;Spicer,Miller,and Smith,2003. 24 Alface,I.(2013,May 27).Children Poisoned by Candy-looking Marijuana Products.Nature World News.Retrieved from https://owl.english.purdue.edu/owl/resource/560/10;Jaslow,R.(2013,28 May).Laxer marijuana laws linked to increase in kids'accidental poisonings CBS News.Retrieved from http://www.cbsnews.com/8301-204 162- 57586408/taxer-marii uana-laws-linked-to-increase-in-kids-accidental-poisonings 25 Gruley,B.(2013,May 9).Medbox:Dawn of the Marijuana Vending Machine.Bloomberg Business week.Retrieved from http://www.businessweek.com/articles/2013-05-09/medbox-dawn-of-the-marijuana-vending-machine 26 Ex-Microsoft exec plans'Starbucks'of marijuana.(2013,May 31).United Press International.Retrieved from http://www.upi.com/Top News/US/2013/05/31NIDEO-Ex-Microsoft-exec-plans-Starbucks-of-marijuana/UPI-41161369985400 27 NSDUH,Summary of National Findings,2012.Retrieved from http://www.samhsa.gov/data/NSDUH/2012SummNatFindDetTables/National Findings/NSDUH results2012.pdf 28 Kilmer,B.,Caulkins,J.P.,Pacula,R.L.,MacCoun,R.1.,&Reuter,P.H.Altered State?Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets.Santa Monica,CA:RAND Corporation,2010.http://www.rand.org/pubs/occasional papers/OP315 29"Marijuana use continues to rise among U.S.teens,while alcohol use hits historic lows."University of Michigan Press Release,December 14,2011.2-3. 30"Regular marijuana use by teens continues to be a concern."National Institute of Drug Abuse,Press Release,December 19,2012.P.2 ai Andreasson S,et al.(1987).Cannabis and Schizophrenia:A longitudinal study of Swedish conscripts.Lancet, 2(8574). 32 Anthony,J.C.,Warner,L.A.,&Kessler,R.C.(1994).Comparative epidemiology of dependence on tobacco,alcohol, controlled substances,and inhalants:Basic findings from the National Comorbidity Survey.Experiential and Clinical Psychopharmacology,2. 33 Meier,M.H.(2012).Persistent cannabis users show neuropsychological decline from childhood to midlife.Proceedings of the Notional Academy of Sciences. 34"Regular marijuana use by teens continues to be a concern."National Institute of Drug Abuse,Press Release,December 19,2012.P.2 39 Mehmedic,Z., et al. (2010). Potency Trends of D9-THC and Other Cannabinoids in Confiscated Cannabis Preparations from 1993 to 2008.The Journal of Forensic Sciences,55(5). 36 Updating estimates of the economic costs of alcohol abuse in the United States:Estimates,update methods,and data. Report prepared for the National Institute on Alcohol Abuse and Alcoholism.Retrieved from http://pubs.niaaa.nih.gov/publications/economic-2000;Urban Institute and Brookings Institution(2012,October 15). State and local alcoholic beverage tax revenue,selected years 1977-2010.Tax Policy Center.Retrieved from http://www.taxpolicvicenter.org/taxfacts/displavafact.cfm?Docid=399;Saul,S.(2008,August 30).Government gets hooked on tobacco tax billions.The New York Times.Retrieved from http://www.nvtimes.com/2008/08/31/weekinreview/3lsaul.html?em& r=0;for Federal estimates,see Urban Institute and Brookings Institution(2012,October 15).State and local tobacco tax revenue,selected years 1977-2010.Tax Policy Center.Retrieved from http://www.taxpolicvicenter.org/taxfacts/disptavafact.cfm?Docid=403;Campaign for Tobacco-Free Kids(n.d.).Toll of tobacco in the United States of America.Retrieved from http://www.tobaccofreekids.org/research/factsh 37 Bureau of Justice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http://www.bis.Rov/index.cfm?tv=dcdetail&iid=275 38 Federal Bureau of Investigation. (2011). Persons arrested. Retrieved from http://www.fbi.gov/aboutus/ciis/ucr/crime-in-the- u.s/2011/crime-in-the-u.s.-2011/persons-arrested Stir 11 39 Bureau of Justice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http://www.bis.gov/index.cfm?tv=dcdetail&iid=275 40 Bureau of Justice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http://www.bis.Rov/index.cfm?ty=dcdetail&iid=275 41 Kilmer,B.,et al."Altered State?Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets".Santa Monica,CA:RAND Corporation,2010.http://www.rand.orR/pubs/occasional papers/OP315 42 Alaska Department of Corrections prison population census data 2013 43 Kilmer, B, Caulkins, J.P, Bond, B.M. & Reuter, P.H. "Reducing Drug Trafficking Revenues and Violence in Mexico: Would Legalizing Marijuana in California Help?"Santa Monica,CA:RAND Corporation,2010. http://www.rand.org/pubs/occasional papers/OP325 "Annual Report 2012:The State of the Drugs Problem in Europe."European Monitoring Centre for Drugs and Drug Addiction.Lisbon.November 2012.P.35. 44 Annual Report 2012:The State of the Drugs Problem in Europe."European Monitoring Centre for Drugs and Drug Addiction.Lisbon. November 2012.P.35. 45 MacCoun,R.&Reuter,P.(2001).Evaluating Alternate Cannabis Regimes.The British Journal of Psychiatry,178. 46 INTRAVAL Bureau for Research&Consultancy."Coffeeshops in the Netherlands 2004."Dutch Ministry of Justice.June 2005. http://www.intraval.nlien/b/b45.html. 42 MacCoun,R.(2010).What can we learn from the Dutch Cannabis Coffeeshop experience?RAND Drug Policy Research Center.Retrieved from http://www.rand.orR/content/dam/rand/pubs/working papers/2010/RAND WR768.pdf 48 European Monitoring Center for Drugs and Drug and Addiction. (2011). Drug Policy Profiles-Portugal. Retrieved from http://www.emcdda.eu rooa.eu/publications/drug---pol icyprofiles/portuga I 49 Institute of Medicine."Marijuana and Medicine:Assessing the Science Base."(1999).Summary http://www.nao.edu/html/marimed (January 11,2006). 50 Benson,John A.,Jr.and Watson,Stanley J.,Jr."Strike a Balance in the Marijuana Debate."The Standard-Times.13 April 1999. 51 O'Connell,T.J.&Bou-Matar,C.B.(2007).Long term marijuana users seeking medical cannabis in California (2001-2007):demographics,social characteristics,patterns of cannabis and other drug use of 4117 applicants.Harm Reduction Journal,4(16) 52 Colorado Department of Public Health and Environment.(2011) 53 Cerda, M., et al. (2012). Medical marijuana laws in 50 states: Investigating the relationship between state legalization of medical marijuana and marijuana use,abuse and dependence.Drug&Alcohol Dependence,120(1-3). 54 Colorado Office of the State Auditor.(2013).&City of Denver Office of the Auditor.(2013). 55 NSDUH,Summary of National Findings,2012.Retrieved from http://www.samhsa.gov/data/NSDUH/2012SummNatFindDetTables/NationalFindings/NSDUHresults2012.pdf 56 Rocky Mountain HIDTA.(2013).Legalization of Marijuana in Colorado:The Impact.Retrieved from http://www.rmhidta.org/html/FINAL%20Legalization%20of%20MJ%20in%20Colorado%2OThe%201mpact.pdf 52 Salomonsen-Sautel, S., et al. (2012). Medical marijuana use among adolescents in substance abuse treatment.Journal of American Academic Child&Adolescent Psychiatry,51(7). 58 Rocky Mountain HIDTA.(2013).Legalization of Marijuana in Colorado:The Impact.Retrieved from http://www.rmhidta.org/html/FINAL%20Legalization%20of%20MJ%20in%20Colorado%20The%20lmpact.pdf 59 Harding,Anne."Pot May Indeed Lead to Heroin Use,Rat Study Shows"Reuters.July 12,2006.See also:"Why Teenagers Should Steer Clear of Cannabis"Vine,Gaia.www.NewScientist.com 60"What Americans Need to Know about Marijuana."Office of National Drug Control Policy.October 2003. 61 Gfroerer,Joseph C.,et al."Initiation of Marijuana Use:Trends,Patterns and Implications."Department of Health and Human Services, Substance Abuse and Mental Health Services Administration,Office of Applied Studies.July 2002.Page 71. 62"Non-Medical Marijuana II:Rite of Passage or Russian Roulette?"CASA Reports.April 2004.Chapter V,Page 15. 63"More Than Two-Thirds of U.S.Residents Who First Started Using Drugs in the Past Year began with Marijuana:22%Started with Nonmedical Use of Prescriptions."CESARFAX.Vol.21.Issue 42.October 22,2012 64"Nearly One in Ten U.S High School Students Report Heavy Marijuana Use in the Past Month:One Third or More of Heavy Users Also Used Cocaine,Ecstasy,or Other Drugs."CESARFAX,Vol 21.Issue 21.May 29,2012 65 The Partnership Attitude Tracking Study:2011 Parents and Teens Full Report."MetLife and the Partnership At Drugfree.org. May 2, 2012.P7. 12 r A` t . 1m � #?e . ' a) .. :, .,, _ . ..,, ,.4._ ,..,, ,.-� r r " 1 ' {6.... E 1 . ,.. ..._.. . ..._:..,.,.:_....',,.ri,,-..,:.:. 4-.,.,,,,, ,,,, ',, .0p>,1 :? -.. .,.-;.,,-. ,1,;.-, .1 L Ik' i.',st'. ', .� '''''14''.14-111';', i,A 7 r t " .Y ;7:**,1. •'1 , ems., �. 0/) .t �� � ; �'{`ss-•ay ��,� , s �gt` �'�� ° . 50-, '14' �. `A �.'fi isi..., ,.,„ .. .... ,.... ,. ..: ... ..,,.... , . ..7, 4,... ,.. i. , __ A . I/2 3� ate' ° 0.11) Cio et { ; r ti v t "g a C3" ME 111.1. ci) ), ,,,_!(.11 . ....-.-7.,. ,..a ,..,:,..,,.c...,k ,:---..-.,:-. '7774,."0-°'---••,.:;-4-7.1 i5.."- ,,4, ..:k.,,"!---4-4:, 4.-:0,..,..',--,7;:-• '-.4.: !•,', . )(IL .!,,, : i..,. ._=-.... :, :la 447';'big_ i-•;"7.'•'''''''''''t:., ! ''':--t74.1%.,,i',..,. l'''' ' .''...,-'-: ili'fiA('' '1'4. ''''' \ : , ,,, ,, i ,. .... ;„. .......„...,. .... , _ . ....,..:_ .,:74 4 -....,:"?..1,-,...,:7'.7. --z- -: •7:'::,., ,p ,. ' .,;''',' ' 0 ilt. i '‘,.., !,.'t .',.i. 'I, ;.-, 1...... ' 1.-.'''f', 1 a e r .4-. :.7.7 1,'..• • ---- ..-. :, ' ,-.;:'-';'11---7.:::1 '''".:'. MIMI• 01) w i 0 ,' e 7 r s ‘`� s r „ . - f '' :=,;7 Y a r °i Y• \...-f., 1 ! e kxS , ': R � � .-� is - 14° i.{g, VY �r°. 1,- ,..!' -•z 411 ILiditt, 1/2t (..., t , ,:...,,,,...-7. ;w11..4,71 ....01::.1 . `"*".. ..g'',VC s. ; 1.., , I •' 0 . �- X co . r.4- s,✓W t "C3 Cin (cam } S. \ ' O '-■ 3tt 2.9 a CD C 0 3 — cu . C so Ito x y e ,.eY. t k ' ;S s l ¢ 3/3.7 wo qr y L_ , y-. ._, ` rv?' Cs 4Z-40f: . 0 C Q CD f�I' 0) t. 0 A 0 -3 t _.. a ,.,, y 1 CD D-- - , yyy.. CD . k (CI i., All W -.` , ..F Q lit ....',.- �4 :; Municipalities and Public Funds, Frequently Asked Questions, Alaska Public Offices Co... Page 1 of 2 Ski to main content W bin , , 1 ,01 ki c.1�ic, ',,474,„ Alaska Public Offices Commission Municipalities and Public Funds 1. May a municipality use money to support or oppose a candidate? 2. May a municipality use money to support or oppose a ballot proposition? 3. How may a municipality spend public funds if no money has been specifically appropriated? 4. What are the reporting requirements if a Municipality spends public funds? 5. If the municipality limits its activity to publishing notices of the election are there reporting requirements? 6. What type of Identifier must the communications have? May a municipality use money to support or oppose a candidate? No.Municipalities,school districts,and regional educational attendance areas(REAA),or another political subdivision of the state as well as an officer or employee of the above entities may not use municipal funds to influence the outcome of the election of a candidate to state or municipal office. The state,its agencies,its corporations and the University of Alaska and its Board of Regents are also prohibited from spending state funds to influence the outcome of an election of a candidate to state or municipal office.Please see AS 15.13.145(a). top May a municipality use money to support or oppose a ballot proposition? Yes.A municipality may use public funds to influence the outcome of an election concerning a ballot proposition or question,but only if the funds have been specifically appropriated.Please see AS 15.13.145(b)&2 AAC 50.356(a). r top lliosv How may a municipality spend public funds if no money has been specifically appropriated? Money held by a municipality may be used to: • disseminate information about the date and time and place of an election and to hold an election, • and to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular office.Please see AS 15.13.145(c). Information is nonpartisan if it does not advocate a position in an election. Nonpartisan information includes the official language of a ballot question,a neutral ballot summary,or if provided for all candidates seeking a particular office,the candidates'names,contact information,or statements.Please see 2 AAC 50.356(c). top What are the reporting requirements if a Municipality spends public funds? When a municipality spends appropriated funds to influence an election the expenditure must be reported to the Commission in the same manner as an individual is required to report. Please see AS 15.13.145(d). Depending on the activity the municipality undertakes to influence the outcome of an election,it must file a"Statement of Contributions"(Form 15-5)or a"Statement of Independent Expenditures"(Form 15-6)pursuant to AS 15.13.040 and AS 15.13.110. If the municipality limits its activity to publishing notices of the election are there reporting requirements? No.Only expenditures intended to influence the outcome of an election(including nonpartisan materials)must be reported to the APOC. Please see 2 AAC 50.356. top i /1 r i'n1 n httn://doa.alamka.gnv/anne/FACIc/fan_mnnininaliti html'1 1 Municipalities and Public Funds, Frequently Asked Questions, Alaska Public Offices Co... Page 2 of 2 What type of Identifier must the communications have? All communications intended to influence the outcome of an election must have a"Paid for by"Identifier(Notices of the election do not need an identifier).The words"Paid for by"must appear followed by the name of the municipality and address.A contact person's name is recommended.Please see AS 15.13.090. In addition,by administrative regulation all communications which are paid for by a municipality and which are related to an election are considered to be intended to influence the outcome of an election,unless they are only notices of the election or are required by statute,charter or ordinance.Please see 2 AAC 50.356. top • State of Alaska • myAlaska • My Government • Visiting Alaska • Business in Alaska • Resident • Employee State of Alaska©2011 Webmaster —**-9/Sier httn•//rinn ninArn RAV/nHnn/TPA(l�./ .. ..�..«....«..l:a:.... i .. ••r••' ••••• 509 ifr) i41-td i9j C1fi1c ADVISORY OPINION DECISION Alaska Public Offices Commission Advisory Opinion: AO-10-10-CD—Requested by: Sitka School Board Commission Meeting Held: June 14, 2010 Commission Action: The Commission approved the advice in this Advisory Opinion by a vote of V— d. The advice in this opinion applies only to the specific activity for which the advice was requested. SO ORDERED THIS `' DAY of June, 2010. / r Eliza* J. Hickersi n, Chair Alaska Public Offices Commission • SEAN PARNELL, GOVERNOR STATE 4F ALIAS KA CI 2221 EAST NORTHERN LIGHTS,RM 128 ANCHORAGE ALASKA 99508-4149 Department of Administration PHONE:(907)276-4176 FAX: (907)276-7018 Alaska Public Offices Commission P.O.BOX 110222 0 JUNEAU,ALASKA 99811-0222 PHONE:(907)465-4864 FAX: (907)465-4832 ADVISORY OPINION REQUEST Number: AO 10-10-CD Requested By: Lon Garrison on behalf of the Sitka School Board Prepared By: Jason Brandeis,Associate Attorney Date Issued: June 4,2010 Subject: May the Sitka School Board pass a resolution opposing Ballot Measure 1 when funds have not been specifically appropriated for this purpose? QUESTIONS PRESENTED 1. May the Sitka School Board pass a resolution taking a position on a ballot proposition and publicize that position through its usual and customary means of announcing a resolution without an appropriation of funds for this specific purpose? 2. Does the passage and dissemination of a resolution taking a position on a ballot initiative involve an expenditure of public funds that requires reporting to APOC? SHORT ANSWERS 1. The resolution in question may be considered, passed,and distributed through the Sitka School Board's usual and customary means of considering and announcing a resolution without a specific appropriation. 2. Expenditures related to the passage and dissemination of the resolution at issue must be disclosed on a report to APOC. InN Alaska Public Offices Commission AO 10-10-CD Page 2 of 18 FACTS Initiative ANCO7, known as "The Alaska Anti-Corruption Act,"will be Ballot Measure#1 ("BM1") in the August 2010 Primary Election. The Sitka School Board("SSB") is interested in discussing and passing a resolution that would advocate against the passage of this initiative. In e-mail and phone correspondence with APOC staff,Mr.Lon Garrison,Sitka School Board President, provided the following facts: 1. SSB currently has two draft proposed resolutions.One was drafted by the Association of Alaska School Boards("AASB"),the other was prepared by the SSB President and reviewed by the SSB's attorney. Only one of the resolutions,or a variation thereof,would be adopted.The draft resolutions were provided to APOC and are attached as exhibits 1 and 2. 2. It is SSB's intent to follow its normal resolution process with respect to the proposed resolution: (1)The resolution is drafted by the Board;(2)The resolution drafted by the Board is reviewed by the board's attorney(who is retained by the Sitka School District on behalf of the Board); (3)The resolution will be proposed and debated at the next regular board meeting(June 8,2010). 3. SSB publicly distributes adopted resolutions to other organizations such as the City and Borough Assembly,the legislature or other organizations that are associated with the topic of the resolution. 4. Additional distribution of an adopted resolution may occur by the local media in the course of its normal reporting of SSB activities. 5. SSB does not anticipate that consideration or passage of a resolution related to BM1 will require the expenditure of any additional district funds or any time above and beyond its normal practices related to resolutions. 6. There has been no specific appropriation for the resolution made by any state law or municipal ordinance. ANALYSIS Under AS 15.13.145,the state and its political subdivisions(including school districts and school boards) may only use money held by the entity to influence the outcome of a ballot proposition if the money was specifically appropriated by a state or municipal law for that purpose. AS 15.13.145(a), (b). There are several exceptions to this rule. For instance, in the absence of a specific appropriation,an officer or employee of a such an entity may use money held by that entity to communicate about a ballot proposition if the communication' is made in the usual or customary performance of the officer's or employee's duties. 2 AAC 50.356(b). Additionally,such entities are permitted to disseminate 1"Communication"means an announcement or advertisement disseminated through print or broadcast media, including radio,television,cable,and satellite,the Internet,or through a mass mailing,excluding those placed by an individual or nongroup entity and costing$500 or less and those that do not directly or indirectly identify a candidate or proposition,as that term is defined in AS 15.13.065(c).AS 15.13.400(3). n1 Alaska Public Offices Commission A0 10-10-CD Page 3 of 18 nonpartisan information about ballot propositions and information about the time and place of an election. AS 15.13.145(c);see also AO 08-05-CD. In the instant matter,we are asked to determine whether a communication planned by SSB is permitted by these laws. SSB seeks to consider and pass a resolution opposed to BM1,and there has been no appropriation of funds to SSB under state or municipal law for this purpose. In order to answer this question we must first consider whether the resolution is intended to influence the outcome of an election concerning a ballot proposition or if it is nonpartisan. In AO 08-07-CD,the Commission considered whether an advertisement that informed the public that the Mental Health Trust received significant funds from resource extraction on Trust property would be perceived as influencing the outcome of the election on Ballot Measure 4,"An Act to Protect Alaska's Clean Water"(07WTR3).The Commission determined that the advertisement was not,by itself, influencing the outcome of an election based on the following factors: (1)the advertisement in question did not mention the ballot measure;(2)it did not appear to be specifically related to the ballot measure election;and(3)there was no language in the advertisement to suggest that the Mental Health Trust was taking a position on the ballot measure. Applying this criteria,the resolution proposed by SSB is likely to be perceived as influencing the outcome of an election on a ballot proposition. The resolution mentions a specific ballot measure and clearly indicates the position SSB is taking on the ballot measure. For example: • "This initiative, if passed,would disenfranchise tens of thousands of Alaskans from their own government." • "Proposition 1 blocks our ability to be involved and undermines our civic responsibility." • "Proposition 1. . . is misdirected and would shackle the hands of anybody who does business with government." • "Neither the official title that will appear on the August primary election ballot, nor that used by the initiative's sponsors,hints at the far-reaching consequences of the measure." • "The Sitka School Board urges all voters to read this initiative carefully before heading to the polls in August and consider the grave consequences such a law could have on our ability to govern and advocate at the local,state,and federal level for our issues and needs." Ex. 1, Ex. 2. Indeed,SSB's opposition to the ballot measure is the very reason for the resolution. The SSB resolution appears intended to elicit the conclusion that voting"yes"on BM1 will adversely affect the public interest and the interests of SSB. This resolution is similar to the advertisements considered in AO 08-05-CD,where the Commission found that other advertisements to be produced by the Mental Health Trust did not constitute nonpartisan information'because they encouraged voters to 2 Nonpartisan information does not advocate a position in an election. It includes the official language of a ballot question,or a neutral ballot summary. 2 AAC 50.356(c). 1Na Alaska Public Offices Commission A0 10-10-CD Page 4 of 18 lire' consider the unintended consequences of voting"yes"on an initiative.3'4 We therefore find that the resolution proposed by SSB is not limited to nonpartisan information. The resolution is intended to influence the outcome of an election concerning a ballot proposition. Thus, it is permissible only if(1) SSB did not spend money held by it on the resolution,or(2)SSB did spend its money, but the communication was made by an SSB employee or officer in the usual or customary performance of the officer's or employee's duties. AS 15.13.145(b);2 AAC 50.356(b). The limitation in AS 15.13.145 is on"money held by"an entity and used to influence the outcome of a ballot proposition election. The Commission has previously considered what is meant by the term "money held,"and rejected the argument that it should be narrowly construed to mean"money" as it is defined in 2 AAC 50.450(as"currency...,checks, money orders,or negotiable instruments payable on demand."). Hancock v. Marquardt,Case No.07-02 CD at 3. Rather,the meaning of"money held by"is similar to that of"expenditure,"which includes "a transfer of money or anything of value, . . .for the purpose of(iv)influencing the outcome of a ballot proposition or question." Kraft v.State of Alpska, Dep't of Natural Resources,Case No.08-14-CD at 2-3;AS 15.13.400(6).Additionally,even de minimus, hard-to-quantify expenditures can be considered use of money held by a public entity to influence a campaign. See Hancock v. Marquardt,07-02 CD. Based on the facts provided by SSB,we conclude that money held by SSB will be used to pass and disseminate the proposed resolution. Copies of the resolution will be included with the materials prepared for the meeting. If the resolution passes,it will then be distributed and publicized,as all SSB resolutions are. The proposed resolution will also be reviewed by the SSB attorney,who reviews all proposed SSB resolutions. These are the standard procedures that SSB employs for all resolutions and are in the usual and customary performance of an SSB officer's or employee's duties (i.e.,publicizing everything the school board does).5 3 The draft print advertisement at issue in AO 08-05-CD included the language"What's why the Trustees of the Alaska Mental Health Trust are concerned Ballot Measure 4-Clean Water Act will so restrict mining in Alaska that our ability to continue generating revenue for beneficiary programs will be impacted."The proposed TV spots included phrases such as"that's why were concerned about Measure 4's impact on our beneficiaries"and"that's why we're concerned Ballot Measure 4 will impact our ability to raise revenue for Trust beneficiaries."The materials provided with that advisory opinion request also included references to"unintended consequences", namely a reduction of assets used to fund mental health programs if mining operations were restricted on Mental Health Trust lands. 'in AO 08-05-CD,the Commission did not address whether running print and television advertisements were within the usual and customary performance of the duties of the Mental Health Trust.The Commission's decision rested on the fact that the communication at issue did not contain nonpartisan information. 5This opinion is fact-specific.The Commission takes no position on whether SSB would be permitted to engage in any other type of communication related to BM1 other than a resolution considered and passed within its customary means. i �� Alaska Public Offices Commission A0 10-10-CD Page 5 of 18 Nforild But consideration of the resolution also involves actions that do not necessarily involve money held by SSB. One of the proposed resolutions was drafted by SSB President Lon Garrison,an elected unpaid member of the school board. The other draft resolution was prepared by the Association of Alaska School Boards("AASB")without input from SSB.6 School Board members will discuss the resolutions at their next meeting. As we were in Kraft v. DNR,the Commission is concerned with the free speech implications of a ruling that would attempt to limit what public officials could say. Kraft v.DNR, Amended Decision and Order,Case No.08-14-CD(Aug. 11,2009)at 3.In Kraft we were "mindful of the principle of law that, if possible,a statute should be interpreted in a way that will avoid the danger of unconstitutionality," and that"[i]nterpreting AS 15.13.145 as prohibiting the Governor from expressing her opinion on a ballot measure risks running afoul of the constitutional right of free speech." Id at 4-5. Accordingly,we found that the Governor's press conference comment on how she would vote on a ballot measure did not violate AS 15.13.145.'Id. Similarly,in AO 99-03-CD we determined that a public official's statement regarding a ballot proposition does not run afoul of AS 15.13.145 if it was made as part of the official's usual and customary duties: In the case of a public official corresponding with his or her constituents about a ballot proposition, it is difficult to distinguish between an official's intent to influence a public vote and his or her duty to protect the public interest... If the action is part of an official's usual and customary duties,like responding to constituent inquiries or answering questions at a press conference,the presumption is that the action is primarily intended to satisfy the officials'duties to the public and not to influence the outcome of the election. As a result,the action is not covered by the campaign disclosure law. AO 99-03-CD;Kraft v. DNR at 4. Based on these opinions,we believe it is within the usual and customary duties of a school board to discuss matters that are of direct concern to it and its constituents at its public meetings. It would implicate the free speech rights of the Board and its members to find otherwise. SSB may therefore discuss its opposition to BM 1 at its meetings. 6 In AO 10-06-CD,the Commission ruled that AASB was not restricted from distributing resolutions adopted by individual school boards to the AASB membership and its regular customary print and electronic mailing lists.The Commission was not asked to determine whether individual school boards could then pass theses resolutions,such as the one at issue here.The Commission's opinion was limited to the questions presented. 'The complaint in Kraft also involved an allegation that the State Department of Natural Resources("DNR") website violated AS 15.13.145 because it did not contain a neutral explanation of the ballot initiative.This issue was resolved independently of the issue related to the Governor's speech. Kraft v.DNR,Case No.08-14-CD,at 1. The Commission ordered changes to the DNR website because it found that the state had specifically appropriated money to educate the public about Ballot Measure 4 and the DNR website should"provide a fair representation in order to educate the public." Kroft v.DNR,Oral Order of August 22,2008;see also Kraft v.DNR,Oral Order of August 21,2008. The Commission did not discuss whether 2 AAC 50.356(b)applied to DNR's website. In the instant matter,there was no appropriation of funds for SSB to provide public education on BM1. 1 t.I Alaska Public Offices Commission Skov AO 10-10-CD Page 6 of 18 However, unlike the situations reviewed by the Commission in AO 99-03-CD and Kraft,SSB's planned communication involves not just a discussion but also a de minimus expenditure and is intended to influence the outcome of an election. We must therefore still decide whether SSB can take action beyond discussing or considering the proposed resolution. Concern for free speech can make it"difficult to distinguish between an official's intent to influence a public vote and his or her duty to protect the public interest." AO 99-03-CD. Here,the line between them is blurred. SSB intends to influence a public vote in order to protect the interest of SSB,a public entity. This is a unique situation that is driven by the substance of BM1. According to the official summary of BM1,"This bill would ban the use of public funds for political campaigns and lobbying by state and local government agencies,and school districts. Public funds could not be used to support or oppose ballot measures,lobby to pass a law,or ask for public funding.i8 BM1 seeks to prevent the very activity at issue in this advisory opinion request, namely the ability of a school district to oppose a ballot measure. There is no doubt that BM1 directly affects SSB. SSB is responsible for the control and direction of education in the Sitka School District. It is SSB's responsibility to advocate for the best interests of the school board and its students.9 Due to the 8 The full text of the official summary of the ballot measure is as follows: Ballot Measure#1,07ANCO-Initiative Prohibiting the Use of Public Funds to Lobby or Campaign; and Prohibiting Holders of Government Contracts and Family Members from Making Political Contributions. This bill would ban the use of public funds for political campaigns and lobbying by state and local government agencies,and school districts.Public funds could not be used to support or oppose ballot measures,lobby to pass a law,or ask for public funding.Any entity that lobbies or campaigns would be barred from receiving public funds.It would ban political contributions by government contract holders and members of their families.It would ban legislators and their staff from being employed by government contract holders for two years after leaving state service.The bill has criminal and civil penalties. Should this initiative become law? Available at http://www.elections.alaska.gov/ei_primary_bm.php. 9 Sitka School Board Policy 9000a establishes the role of the Board and its members.The policy states,in relevant part: The Board is responsible for the general control and direction of education in the district and is preempted by law.This broad authority shall be exercised in accordance with the State and Federal Constitutions,laws and regulations. The Board is responsible for the general control and direction of education in the district and is empowered to carry on and finance any program or activity that is not in conflict with,inconsistent with,or preempted by law.This broad authority shall be exercised in accordance with the State and Federal Constitutions,laws and regulations. Board Policy 9000a is available at:http://www.ssd.k12.ak.us/BoardPolicy/Sitka9000.html 1NR" Alaska Public Offices Commission AO 10-10-CD Page 7 of 18 Nord substance of BM1,SSB reasonably believes that if passed,the measure will interfere with its ability to perform those duties. Opposing BM1 is therefore within the usual and customary performance of the duties of SSB,its officers,and its employees. 558 may communicate about this ballot proposition by way of passing a resolution as part of its usual and customary duties consistent with 2 AAC 50.356(b). CONCLUSION Consideration and passage of the proposed resolution will involve activity that involves a de minim us expenditure, does not stray from the standard procedures 558 employs to consider, pass,and distribute resolutions,and is within the usual and customary performance of the of the duties of SSB,its officers, and employees. Accordingly,SSB is permitted to consider,pass,and distribute a resolution opposed to BM1 under 2 AAC 50.356(b)according to its customary procedures. Any expenditures related to this process must be disclosed on a report of contributions or independent expenditures to APOC under AS 15.13.040(d)and(e).2 AAC 50.356(d). COMMISSION DECISION Only the Commission has the authority to approve an advisory opinion. 2 MC 50.905. The Commission will rule on staffs proposed advice at its next regular meeting. The Commission may approve, disapprove, or modify the proposed advice. An advisory opinion must be approved by an affirmative vote of at least four members or it will be considered disapproved. Both staff's proposed advice and the Commission's final advisory opinion apply only to the specific facts and activity for which advice was requested. If you rely on staff's proposed advisory opinion in good faith and the Commission subsequently rejects the proposed advice,staff will take no enforcement action on your activities up to that point if you acted under the specific facts described. If you have any additional questions or would like to discuss this proposed advice, please contact APOC staff at(907)276-4176. I NO Alaska Public Offices Commission AO 10-10-CD Page 8 of 18 APPLICABLE LAWS AND REGULATIONS Sec. 15.13.040.Contributions,expenditures,and supplying of services to be reported. (a)[See delayed amendment note]. Except as provided in(g)and(I)of this section,each candidate shall make a full report,upon a form prescribed by the commission, • (1)listing (A)the date and amount of all expenditures made by the candidate; (B)the total amount of all contributions,including all funds contributed by the candidate; (C)the name,address,date,and amount contributed by each contributor;and (D)for contributions in excess of$50 in the aggregate during a calendar year,the principal occupation and employer of the contributor;and (2)filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer. (b) Each group shall make a full report upon a form prescribed by the commission, listing (1)the name and address of each officer and director; (2)the aggregate amount of all contributions made to it;and,for all contributions in excess of$100 in the aggregate a year,the name,address,principal occupation,and employer of the contributor, and the date and amount contributed by each contributor;for purposes of this paragraph, "contributor" means the true source of the funds, property,or services being contributed;and (3)the date and amount of all contributions made by it and all expenditures made,incurred,or authorized by it. (c)The report required under(b)of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group's treasurer. (d) Every individual,person, nongroup entity,or group making an expenditure shall make a full report of expenditures, upon a form prescribed by the commission,unless exempt from reporting. (e)The report required under(d)of this section must contain the name,address, principal occupation,and employer of the individual filing the report,and an itemized list of expenditures.The report shall be filed with the commission no later than 10 days after the expenditure is made. (f)During each year in which an election occurs,all businesses,persons,or groups that furnish any of the following services,facilities,or supplies to a candidate or group shall maintain a record of each transaction:newspapers, radio,television, advertising,advertising agency services,accounting, billboards,printing,secretarial, public opinion polls,or research and professional campaign consultation • Alaska Public Offices Commission AO 10-10-CD Page 9 of 18 aj or management,media production or preparation,or computer services. Records of provision of Vr� services,facilities,or supplies shall be available for inspection by the commission. (g)The provisions of(a)and(I)of this section do not apply to a delegate to a constitutional convention,a judge seeking judicial retention,or a candidate for election to a municipal office under AS 15.13.010,if that delegate,judge,or candidate (1)indicates,on a form prescribed by the commission,an intent not to raise and not to expend more than$5,000 in seeking election to office,including both the primary and general elections; (2)accepts contributions totaling not more than$5,000 in seeking election to office, including both the primary and general elections;and (3)makes expenditures totaling not more than$5,000 in seeking election to office, including both the primary and general elections. (h)The provisions of(d)of this section do not apply to one or more expenditures made by an individual acting independently of any group or nongroup entity and independently of any other individual if the expenditures (1)cumulatively do not exceed $500 during a calendar year;and (2)are made only for billboards,signs,or printed material concerning a ballot proposition as that term is defined by AS 15.13.065(c). (i)The permission of the owner of real or personal property to post political signs, including bumper stickers,or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter unless the owner customarily charges a fee or receives payment for that activity.The fact that the owner customarily charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political signs. .(j)Except as provided in(I)of this section,each nongroup entity shall make a full report in accordance with AS 15.13.110 upon a form prescribed by the commission and certified by the nongroup entity's treasurer, listing (1)the name and address of each officer and director of the nongroup entity; (2)the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election; (3)for all contributions described in (2)of this subsection,the name, address,date,and amount contributed by each contributor and,for all contributions described in (2)of this subsection in excess of $250 in the aggregate during a calendar year,the principal occupation and employer of the contributor; and 1 tr.7 Alaska Public Offices Commission AO 10-10-CD Page 10 of 18 (4)the date and amount of all contributions made by the nongroup entity,and,except as provided for certain independent expenditures in AS 15.13.135(a),all expenditures made,incurred,or authorized by the nongroup entity,for the purpose of influencing the outcome of an election;a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach$500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach$500. (k) Every individual, person, nongroup entity,or group contributing a total of$500 or more to a group organized for the principal purpose of influencing the outcome of a proposition shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made.The report must include the name,address, principal occupation,and employer of the individual filing the report and the amount of the contribution,as well as the total amount of contributions made to that group by that individual,person, nongroup entity,or group during the calendar year. (I) Notwithstanding(a), (b),and(j)of this section,for any fund-raising activity in which contributions are in amounts or values that do not exceed$50 a person,the candidate,group,or nongroup entity shall report contributions and expenditures and supplying of services under this subsection as follows: (1)a report under this subsection must (A)describe the fund-raising activity; (B) include the number of persons making contributions and the total proceeds from the activity; (C)report all contributions made for the fund-raising activity that do not exceed$50 a person in amount or value; if a contribution for the fund-raising activity exceeds$50,the contribution shall be reported under(a), (b),and (j)of this section; (2)for purposes of this subsection, (A) "contribution" means a cash donation,a purchase such as the purchase of a ticket,the purchase of goods or services offered for sale at a fund-raising activity,or a donation of goods or services for the fund-raising activity; (B) "fund-raising activity"means an activity,event,or sale of goods undertaken by a candidate, group,or nongroup entity in which contributions are$50 a person or less in amount or value. (m)[See delayed amendment note]. Information required under this chapter shall be submitted to the commission electronically,except that the following information may be submitted in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission: In° Alaska Public Offices Commission A010-10-CD Page 11 of 18 Nod (1)information submitted by (A)a candidate for election to a borough or city office of mayor, membership on a borough assembly,city council,or school board,or any state office,who meets the requirements of(g)(1)- (3)of this section;or (B)a candidate for municipal office for a municipality with a population of less than 15,000;in this subparagraph,"municipal office"means the office of an elected borough or city (i)mayor;or (ii)assembly,council,or school board member; (2)any information if the commission determines that circumstances warrant an exception to the electronic submission requirement. (n)The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. (o)Information required by this chapter that is submitted to the commission on paper and not electronically shall be electronically scanned and published on the Internet by the commission,in a format accessible to the general public,within two working days after the commission receives the information. (p) For purposes of (b) and (j) of this section, "contributor" means the true source of the funds, property,or services being contributed(§ 1 ch 76 SLA 1974;am §13 ch 189 SLA 1975;am§33 ch 50 SLA 1989; am §4 ch 126 SLA 1994; am §§ 5-7 ch 48 SLA 1996; am §§ 6, 7 ch 6 SLA 1998; am § 1 ch 74 SLA 1998;am§§3-6 ch 1 SLA 2002;am§§1-4 ch 1 TSSLA 2002;am§§2-7 ch 108 SLA 2003;am§9 ch 99 SLA 2004;am§§ 1,2 ch 155 SLA 2004;am§3,2006 Primary Election Ballot Measure No. 1;am§§6—9 ch 47 SLA 2007;am§ 1 ch 95 SLA 2008) Delayed amendment of subsection (a). —Until January 1, 2009, subsection (a) of this section reads as follows: "(a)Except as provided in (g)and (I)of this section,each candidate shall make a full report,upon a form prescribed by the commission, "(1)listing "(A)the date and amount of all expenditures made by the candidate; "(B)the total amount of all contributions, including all funds contributed by the candidate; "(C)the name,address,date and amount contributed by each contributor;and "(D)for contributions in excess of$250 in the aggregate during a calendar year, the principal occupation and employer of the contributor;and "(2)filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer." Delayed amendment of subsection (m). — Until January 1, 2009, (m) of this section reads as follows: "(m) Information required under this chapter shall be submitted to the commission electronically, except that the following information may be submitted in 11N • Alaska Public Offices Commission AO 10-10-CD Page 12 of 18 clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission: "(1) information submitted by a candidate for municipal office; in this paragraph, "municipal office"means the office of an elected borough or city "(A)mayor;or "(B)assembly,council,or school board member; "(2) any information if the commission determines that circumstances warrant an exception to the electronic submission requirement; "(3) information submitted by a candidate for election to state office other than the legislature who meets the requirements of(g)(1)—(3)of this section; "(4) information submitted before January 1, 2009, by a candidate for the legislature." Revisor's notes. —Subsection(n)was enacted as subsection(o). Relettered in 2004, at which time former subsection (n)was relettered as subsection(o).Subsection(o)was enacted as(p)and relettered in 2007,at which time former subsection (o)was relettered as(p). Effect of amendments. — The 1996 amendment, effective January 1, 1997, in subsection (a), added the exception at the beginning of the first sentence and made a related stylistic change; in subsection (d), in paragraph (2), added "unless exempted from reporting by (h) of this section," and inserted " or other periodicals" and made minor stylistic changes and added subsections(g)and(h). The first 1998 amendment, effective June 28, 1998, rewrote paragraph (d)(1) and the second and third sentences in subsection(f). The second 1998 amendment,effective June 4,1998,added subsection(i). The first 2002 amendment,effective April 16, 2002, in subsection (b) added the language beginning "for purposes of this paragraph"to the end of paragraph (2); in the introductory language of subsections (d) and (h) inserted references to nongroup entities;added subsection(j);and made a minor stylistic change. The second 2002 amendment, effective June 26, 2002, rewrote subsection (d); in subsection (e)deleted "by the contributor"following"commission" and "contribution or" preceding "expenditure" in the second sentence and deleted the former third sentence, which read "A copy of the report shall be furnished to the candidate, campaign treasurer, or deputy campaign treasurer at the time the contribution is made"; updated an internal reference in subsection(h);and added subsection (k). The 2003 amendment, effective September 14, 2003, rewrote subsections (a) and (b); in subsection (g) inserted"and (I)" in the introductory language and substituted "$5,000"for"2,500" in three places; in paragraph (h)(1)substituted"$500"for"250"; in subsection 0) added "Except as provided in (I) of this section," at the beginning, added the paragraph (3) and (4) designations, and rewrote paragraph (3); and added subsections(I), (m),and (o)[formerly(n), now(p)]. The first 2004 amendment, effective June 26, 2004, deleted "and principal occupation of the contributor and the" following address in paragraph (j)(3), and inserted"principal occupation and" in that paragraph. The second 2004 amendment, effective October 1, 2004, rewrote subsection (m),and added subsection(o)[now(n)]. The 2006 amendment,effective December 17,2006, rewrote subsection (b). The 2007 amendment, effective July 10, 2007, substituted "to a delegate to a constitutional convention,a judge seeking judicial retention, or a candidate for election to a municipal office under As 15.13.010, if that delegate, judge, or" for "if a" in the 1\ 1 Alaska Public Offices Commission A0 10-10-CD Page 13 of 18 introductory language of subsection (g), repealed and reenacted subsection (m), and added subsection(p)[now(o)]. The 2008 amendment,effective January 1,2009,substituted "$50"for$250" in subparagraph(a)(1)(D). Editor's notes. — From April 16, 2002,through June 25, 2002, the reference in subsection (h)to"(d)of this section" reads "to (d)(2)of this section" and subsection (d) reads as follows: "(d) Every individual, person, nongroup entity, or group making a contribution or expenditure shall make a full report, upon a form prescribed by the commission,of "(1) contributions made to a candidate or group and expenditures made on behalf of a candidate or group "(A) as soon as the total contributions and expenditures to that candidate or group reaches$500 in a year;and "(B) for all subsequent contributions and expenditures to that candidate or group that have not been reported under this paragraph reaches$500; "(2)unless exempted from reporting by(h)of this section,any expenditure whatsoever for advertising in newspapers or other periodicals,on radio,or on television;or for publication,distribution,or circulation of brochures,flyers,or other campaign material for any candidate or ballot proposition or question." NOTES TO DECISIONS Constitutionality.—In the case of First Nat'l Bank v. Bellotti,435 U.S. 765,98 S. Ct. 1407, 55 L. Ed. 2d 707, rehearing denied, 438 U.S. 907, 98 S. Ct. 3126, 57 L. Ed. 2d 1150 (1978), the supreme court of the United States has indicated in unmistakable terms that state disclosure laws pertaining to ballot issues are constitutional. Messerli v. State,626 P.2d 81(Alaska 1980). When there is no showing that an individual must remain anonymous with respect to advertising as to ballot propositions because of the possibility of being subject to reprisals, economic or otherwise,the state campaign disclosure laws are not unconstitutional as applied to a contributor hoping to influence the outcome of a ballot issue, because the objective of an informed electorate is sufficiently compelling to overcome an interest in anonymous political expression. Messerli v. State, 626 P.2d 81 (Alaska 1980). The disclosure requirements of this chapter are not unconstitutionally vague or overbroad, nor do they violate the constitutional right of the people to privacy. VECO Intl, Inc. v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988), appeal dismissed, 488 U.S.919, 109 S.Ct.298,102 L.Ed.2d 317(1988). Reporting provisions of this section and AS 15.13.074(i), 15.13.082(b), 15.13.110, and 15.13.135(a) survive strict scrutiny because the state's interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3" 773 (9`h Cir. 2006). Cited in Libertarian Party of Alaska,Inc.v.State, 101 P.3rd 616(Alaska 2004). Sec.15.13.065.Contributions. (a)Individuals,groups,nongroup entities,and political parties may make contributions to a candidate.An individual,group,or nongroup entity may make a contribution to a group,to a nongroup entity,or to a political party. 1 1`7 Alaska Public Offices Commission A010-10-CD Page 14 of 18 (b)A political party may contribute to a subordinate unit of the political party,and a subordinate unit of a political party may contribute to the political party of which it is a subordinate unit. (c)Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of AS 15.13.050,15.13.060,and 15.13.112-15.13.114,the provisions of AS 15.13.010-15.13.116 do not apply to limit the authority of a person to make contributions to influence the outcome of a ballot proposition. In this subsection,in addition to its meaning in AS 15.60.010,"proposition" includes an issue placed on a ballot to determine whether (1)a constitutional convention shall be called; (2)a debt shall be contracted; (3)an advisory question shall be approved or rejected;or (4)a municipality shall be incorporated.(§9 ch 48 SLA 1996;am§ 7 ch 1 SLA 2002) Effect of amendments. — The 2002 amendment, effective April 16, 2002, inserted references to nongroup entities in three places in subsection (a) and made minor stylistic changes. Sec.15.13.145.Money of the state and its political subdivisions. (a)Except as provided in(b)and (c)of this section,each of the following may not use money held by the entity to influence the outcome of the 111160r election of a candidate to a state or municipal office: (1)the state,its agencies,and its corporations; (2)the University of Alaska and its Board of Regents; (3)municipalities,school districts,and regional educational attendance areas,or another political subdivision of the state;and (4)an officer or employee of an entity identified in(1)-(3)of this subsection. (b)Money held by an entity identified in(a)(1)-(3)of this section may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance. (c)Money held by an entity identified in(a)(1)-(3)of this section may be used (1)to disseminate information about the time and place of an election and to hold an election; (2)to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office. l � � Alaska Public Offices Commission AO 10-10-CD Page 15 of 18 (d)When expenditure of money is authorized by(b)or(c)of this section and is used to influence the outcome of an election,the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040.(§24 ch 48 SLA 1996) Sec. 15.13.150.Election educational activities not prohibited.This chapter does not prohibit a person from engaging in educational election-related communications and activities, including (1)the publication of the date and location of an election; (2)the education of students about voting and elections; (3)the sponsorship of open candidate debate forums; (4)participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party,or political position; Sec.15.13.374.Advisory opinion.(a)Any person may request an advisory opinion from the commission concerning this chapter,AS 24.45,AS 24.60.200-24.60.260,or AS 39.50. (b)A request for an advisory opinion (1) must be in writing or contained in a message submitted by electronic mail; (2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future; (3) must include a description of all relevant facts, including the identity of the person Ned requesting the advisory opinion;and (4) may not concern a hypothetical situation or the activity of a third party. (c)Within seven days after receiving a request satisfying the requirements of(b)of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting. (d)The approval of a draft advisory opinion requires the affirmative vote of four members of the commission.A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved. (e)A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that (1)was described in an advisory opinion approved under(d)of this section; (2)is indistinguishable from the description of an activity that was approved in an advisory opinion approved under(d)of this section;or (3)was undertaken after the executive director of the commission recommended a draft advisory opinion under(c)of this section and before the commission acted on the draft advisory opinion under(d)of this section, if (A)the draft advisory opinion would have approved the transaction or activity described; and (B)the commission disapproved the draft advisory opinion. (f)Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25. (§16 ch 108 SLA 2003) Effective dates.—Section 16,ch. 108,SLA 2003,which enacted this section took effect on September 14, 2003. 11� Alaska Public Offices Commission AO 10-10-CD Page 16 of 18 Sec. 15.13.400.Definitions.In this chapter, (3) "communication" means an announcement or advertisement disseminated through print or broadcast media,including radio,television,cable,and satellite,the Internet,or through a mass mailing, excluding those placed by an individual or nongroup entity and costing$500 or less and those that do not directly or indirectly identify a candidate or proposition,as that term is defined in AS 15.13.065(c); (6)"expenditure" (A) means a purchase or a transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, incurred or made for the purpose of (i)influencing the nomination or election of a candidate or of any individual who files for nomination at a later date and becomes a candidate; (ii)use by a political party; (iii)the payment by a person other than a candidate or political party of compensation for the personal services of another person that are rendered to a candidate or political party;or (iv)influencing the outcome of a ballot proposition or question; (B)does not include a candidate's filing fee or the cost of preparing reports and statements Nor required by this chapter; (C)includes an express communication and an electioneering communication, but does not include an issues communication; 2 AAC 50.356.USE OF PUBLIC MONEY. (a)Funds are specifically appropriated for the purposes of AS 15.13.145(b)if the appropriating body provides notice on the public record that the funds will be used to influence the outcome of an election. (b) In the absence of a specific appropriation,an officer or employee of an entity who is identified in AS 15.13.145(a)(4) may use money held by that entity to communicate about a ballot proposition or question if the communication is made in the usual and customary performance of the officer's or employee's duties. (c) For the purposes of AS 15.13.145(c)(2), information is nonpartisan if it does not advocate a position in an election.Nonpartisan information includes the official language of a ballot question,a neutral ballot summary,or if provided for all candidates seeking a particular office,the candidates' names, contact information,or statements. (d) If an entity or individual identified in AS 15.13.145(a)(1)-(4)uses money held by the entity to make an election-related expenditure,the expenditure must be disclosed on a report of contributions or independent expenditures under AS 15.13.040(d)and (e) unless the expenditure is made only to disseminate information about the time and place of an Alaska Public Offices Commission A0 10-10-CD Page 17 of 18 Nord election or to hold an election. (Eff. 1/1/2001,Register 156) Authority:AS 15.13.010 AS 15.13.030 AS 15.13.145 2 AAC 50.450.Complaints. (a)A complaint filed with the commission must be in writing and must contain (1)the full name, mailing address and telephone number of the person,group,or nongroup entity making the complaint; • (2)the name of the person,group,or nongroup entity alleged to be in violation; (3)the statute or regulation for which a violation is alleged; (4)a clear and concise description of facts that, if true,would violate AS 15.13 or 2 AAC 50.250-2 AAC 50.405(Campaign Finance),AS 24.45 or 2 MC 50.505-2 AAC 50.545 (Regulation of Lobbying), or AS 39.50 or 2 AAC 50.010-2 AAC 50.200(Public Official Financial Disclosure); (5)the basis of the complainant's knowledge of the alleged facts, noting those allegations based upon personal knowledge and those based upon other sources of information and belief; (6)all documentation relevant to the facts alleged that is available to the complainant; (7)adequate proof that copies of the complaint and documentation were received by each respondent before filing with the commission;and Nord (8)evidence that satisfies the standard for expediting a complaint in AS 15.13.380(c),if expedited consideration of an alleged violation of AS 15.13 or a regulation adopted under AS 15.13 is requested. (b)The complaint must be signed and sworn under oath before a notary public, municipal clerk,court clerk,postmaster,or a person authorized to administer oaths.The commission will provide notary service without charge. (c)The complaint may be on (1)a form prescribed by the executive director,which is available from the commission or on the commission's web site; or (2)any other form satisfying the requirements of(a)of this section. Eff. 5/16/76, Register 58;am 12/29/77,Register 64;am 6/29/84, Register 90;am 1/4/86,Register 97;am 1/1/2001, Register 156;am 2/20/2005,Register 173) Authority:AS 15.13.030 AS 15.13.380 AS 39.50.050 AS 24.45.021 AS 24.45.131 2 AAC 50.905.ADVISORY OPINIONS. (a) The commission staff shall review all requests for advisory opinions submitted under AS 15.13.374.If the commission staff determines that a request does not satisfy the requirements in AS 15.13.374,the commission staff shall reject the request and notify the person,group, or nongroup entity making the request of the deficiencies.A rejected request may be refiled. l \ L Alaska Public Offices Commission A0 10 Page 18 of 18 (b)If the commission staff determines that the request satisfies the requirements in AS 15.13.374,the executive director or the executive director's designee shall prepare a recommended advisory opinion within seven days after receipt of the opinion request for the commission to consider at its next regular meeting. (c)The commission will approve,disapprove,or modify the recommended advisory opinion. (d)The commission may reconsider an advisory opinion at any time upon the motion of a member who voted with the majority that originally approved the opinion,and if the commission adopts the motion to reconsider by the affirmative vote of at least four members. Adoption of a motion to reconsider vacates the advisory opinion to which it relates.Action by the requesting party in good faith reliance on the advisory opinion before the party has notice of reconsideration may not be the subject of an investigation under 2 MC 50.460,2 AAC 50.507, 2 AAC 50.810,or 2 AAC 50.815.(Eff. 1/4/86,Register 97;am 7/20/95,Register 135;am 1/1/2001, Register 156;am 2/20/2005,Register 173) Authority:AS 15.13.030 AS 24.45.021 AS 39.50.050 AS 15.13.374 AS 24.60.220 r �rrr 1 1'-� Resolution 2010-02 A Resolution Concerning the Proposed "Anti-Corruption Initiative" The Sitka School Board resolves that it is in opposition to passage of the "Initiative Prohibiting Public Funds for Election Campaigns; also Prohibiting Campaign Contributions by Holders of Government Contracts", referred to by its sponsors as "The Anti-Corruption Initiative" finding that the measure would dramatically restrict the public's ability to participate in the democratic process. Neither the official title that will appear on the August primary election ballot, nor that used by the initiative's sponsors, hints at the far-reaching consequences of the measure. Among other potential impacts, the initiative would define furthering "any political agenda"so broadly as to criminalize most uses of public funds to enable school board members, superintendents and staff to interact directly with the local assembly, the state legislature and the federal congress concerning our schools and students. Moreover it would restrict the ability of a large swath of the public to likewise interact with elected officials as it defines the category of those prohibited from furthering "any political agenda"to include anyone whose income derives from public funds such as municipal employees, teachers, firefighters, etc. Not only does it restrict them personally but the prohibition extends to their immediate family. There is even speculation that, if the initiative is interpreted strictly, anyone receiving a permanent fund check, obviously a form of public funding in excess of the $500 annually specified in the initiative, would also be restricted from exercising his/her First Amendment right to speak out on public issues before elected bodies. The Sitka School Board uses a very small part of it's annual budget to advocate for school funding and appropriate school programs in front of the Alaska Legislature and occasionally the U. S. Congress. Use of public funds for these public purposes, helping the legislature and congress to understand issues critical to our schools and students, would be declared a criminal activity by this initiative. To make it criminal to use public funds to give school officials direct access to legislators and staff, or to support school district advocacy, would so restrict the flow of information that legislators would be forced to act on education issues with scant and out of date information. Citizen involvement is the foundation of our republic. The Sitka School Board believes that the voters who signed the petition to place this initiative on the ballot acted in the finest tradition of democracy --the right of citizens to influence the course of their government. However many may not have understood that this "Anti-Corruption Initiative"would infringe on that same right for many fellow Alaskans and nearly all Sitkans seeking to act through local officials (assembly, school board, legislature) to affect their government. The Sitka School Board urges all voters to read this initiative carefully before heading to the polls in August and consider the grave consequences such a law could have on our ability to govern and advocate at the local, state, and federal level for our issues and needs. Nimid EXHIBIT 1 1 �4 Lon Garrison, President Cass Pook, Vice-President Mollie Kabler, Secretary Tim Fulton, Member Tom Conley, Member EXHIBIT 1 1 \e, Draft Resolution on Proposition 1 for Alaska School Boards As members of the School Board,we believe Proposition 1 on the August 2010 primary election ballot poses grave problems for the rights of citizens to influence their government and improve the lives of children.The ballot measure seeks to prohibit,as a criminal act,any school district from hiring a lobbyist or any superintendent to advocate for state funds.This initiative,if passed,would disenfranchise tens of thousands of Alaskans from their own government. Rationale.The broad brush of Proposition 1 seeks to ban the use of tax dollars for any partisan activity,but in so doing threatens criminal penalties against any public official,state employee,public body,school district, council or candidate for office who"directly or indirectly"violates the terms of the initiative. For our republic to work,our citizens have to be involved. Proposition 1 blocks our ability to be involved and undermines our civic responsibility.The 1st Amendment guarantees our right to free speech and to associate with other citizens; this initiative assumes anybody who receives public dollars,"directly or indirectly,"is capable of breaking the law. As public officials,we believe in corruption-free government.However,Proposition 1 is misdirected in this regard and would shackle the hands of anybody who does business with the government,"directly or indirectly." Ned EXHIBIT 2 1 —1 n At_ It ._ D Bulfa, Maria F B (DOA) �rrfo Greve, Vullnet(DOA) Cc: Brandeis, Jason M(DOA) Subject: RE: Questions regarding local school boards advocating on ballot initiatives-AO Request ... ._......... From: Lon Garrison [mailto:Lon_Garrison @nsraa.org] Sent: Monday, May 24, 2010 10:22 AM To: Ware, Patricia A(DOA) Subject: RE: Questions regarding local school boards advocating on ballot initiatives Patty, In response to your questions: 1. No the board is not anticipating any expenditures or extraordinary advertising. 2. The resolution will likely be published via our website, through email and a press release. I do not foresee anything different from what we normally do. 3. I would be requesting an informal opinion at this point. I will call you to discuss this briefly. Thanks for your quick response. ikawin Garrison Sitka School Board Work: 747-6850 Cell: 738-0798 Home: 747-5160 From: Ware, Patricia A(DOA) [mailto:patricia.ware @alaska.gov] _.- Sent: Monday, May 24, 2010 8:45 AM To: Lon Garrison Subject: RE: Questions regarding local school boards advocating on ballot initiatives Lon, I have a few follow up questions on your email. 1. Is the school board proposing to make any kind of expenditure or do any type of advertising with respect to the ordinance itself if/once it is passed ? 2. Can you be more specific on what you mean by"publication of the position through usual and customary means"? 3. Would the board like a formal advisory opinion from the Commission or are you making a request for an informal opinion? ou'd like to discuss this further,feel free to call me at 465-4865.Once I hear back from you, we can go from there. Patty Ware, Administrator, Juneau Office N7 Alaska Public Offices Commission (A. .jC) patricia.wa re(a.alaska.qov Phone: (907)465-4865 Fax: (907)465-4832 http://doa.alaska.00v/apoc/ From: Lon Garrison [maiito:Lon_Garrison @nsraa.org] Sent: Monday, May 24, 2010 7:53 AM To: Ware, Patricia A(DOA) Subject: Questions regarding local school boards advocating on ballot initiatives Dear Ms.Ware, I'm hoping you may be the person to contact regarding the following questions. If not would you please forward this inquiry to the appropriate staff and let me know? Thank you. The Sitka School Board is very interested in taking up and passing a resolution that would advocate against the passage of ballot proposition#1,the so called"Anti-corruption Initiative". Recently, your commission provided a review and determination that it was within the purview and legal right for the Association of Alaska School Boards (AASB)to advocate a position on an initiative for its membership since it was not an instrument of the state. However, for local school boards to also speak to an initiative directly other that a bond proposition there seems to.be some question about our limitations and restrictions in regard to such advocacy. From what we have been able to find, APOC regulations say that an officer or employee may use public money to communicate about a ballot proposition or question if the communication is made"in the usual and customary performance of the officer or employee's duties," regardless of whether a specific appropriation of funds has been made for that purpose. 2 AAC 50.356(b). On behalf of the Sitka School Board I would like to pose two questions for the Commission to consider: 1) Is a board's passage of a resolution taking a position on an initiative, and the district's publication of that position through its usual and customary means, a communication that does not have to be supported by a special appropriation? 2) Does the passage and dissemination of a resolution taking a position on an initiative involve an expenditure of public funds that triggers a need to file any kind of report with APOC? Time is something of the essence in this matter, as we would like to consider the passage of a resolution at our next board meeting on June 8th, 2010. We also realize time is running short if we are to communicate effectively to the public prior to the August election. Thank you for consideration of these questions and I look forward to your responses soon, Respectfully yours, Lon Garrison President, Sitka School Board Work: 747-6850 Cell: 738-0798 Home: 747-5160 '41r/ 2 '7 � City of Seward,Alaska August 11, 2014 City Council Minutes likaw Volume 39,Page CALL TO ORDER The August 11,2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Ristine Casagranda Christy Terry Iris Darling David Squires Dale Butts comprising a quorum of the Council; and Ron Long, Assistant City Manager Brenda Ballou, Deputy City Clerk Absent-Marianna Keil CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Chip Arnold read a letter from Chance Miller who resided on Lowell Point relating to the sewage lagoon. Teri Arnold said she watched the television news tonight and said although the residents of Lowell Point had not contacted the news station, there had been news coverage on the television tonight about the sewage lagoon. She was upset about how the city was portrayed on the news, but also thought the timeline distributed by Public Works was not acceptable.Arnold hoped that council would keep this as a steady agenda item until the issue was resolved. John Page said he was a Lowell Point resident and ran his Sunny Cove business there. He had always been happy there,but now thought the city had been negligent in their care of the sewage lagoon. He was concerned with the air quality and wanted the air tested. Bill Pfisterer said he ran a business at Lowell Point and was concerned about the apparent inaction of the city since he spoke at the last city council meeting. Every night he was awakened from sleep by the odor,and he had to take medicine every day as a result.He was concerned that the chain of command for the city had not been followed for accountability, that there had not been proper oversight of the facility, or there had been negligence. Pfisterer wanted people held responsible. City of Seward,Alaska City Council Minutes August 11, 2014 Volume 39, Page Dave Leech read a letter from George Walker regarding suggestions for managing the sewage lagoon at Lowell Point. Gayle Selyem said she had been living at Lowell Point for eight years and had been happy there until recently. The smell from the sewage lagoon had been so bad that her family had not been able to enjoy any outdoor activities or open their windows,and her eyes watered and burned.Selyem said the conditions were unlivable. Pam Sousa was a co-owner of Liquid Adventures on Lowell Point, and loved living there since 2004. The smell from the sewage lagoon ruined her summer, and she and her family had not been able to enjoy any outdoor activities. Sousa was concerned that people were experiencing health problems, including coughing, watery eyes and upset stomachs. Sue Lang was a resident of Lowell Point and manager of Silver Derby Campground. Lang was intentionally avoiding booking reservations for May and June 2015,which represented 25%of her annual income,because she didn't believe the city would clean up the sewage lagoon in a timely manner. Karl Van Buskirk said he operated Stormchasers on the way to Lowell Point and from his shop the odor had been very strong.Van Buskirk was now concerned for his employees'health.He felt the city had been ignoring the problem for many years and telling the residents that the odor was sold caused by other things like rotting trees and vegetation. He questioned whether raw sewage was being dumped into Resurrection Bay. He suggested the city may have outgrown the sewage plant's capacity to handle the volume. Sherri Miller said she had always considered the city to be a good neighbor.Miller had been hospitalized for breathing difficulties when she was living at Lowell Point and was prescribed steroids. Miller said on two different occasions when she left town her symptoms cleared up, but when she returned to Lowell Point her eyes became swollen and watery and her breathing more difficult. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Terry/Casagranda) Approval of Agenda and Consent Agenda Terry added an item to schedule a work session to discuss the Lowell Point Sewage Lagoon. Bardarson added Resolution 2014-066 to the consent agenda. Bardarson added Resolution 2014-067 to the consent agenda. Casagranda added Resolution 2014-069 to the consent agenda. Casagranda added Resolution 2014-070 to the consent agenda. City of Seward,Alaska August 11, 2014 City Council Minutes Volume 39, Page 411010, Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2014-066,Authorizing The City Manager To Accept Legislative Grant#15- DC-144 From The State Of Alaska Department Of Commerce, Community, And Economic Development In The Amount Of $1,300,000 For Dredging And Disposal Of Sludge Accumulated At The Lowell Point Sewage Lagoon,And Appropriating Funds. Resolution 2014-067,Authorizing The City Manager To Accept Legislative Grant#15- DC-145 From The State Of Alaska Department Of Commerce, Community, And Economic Development In The Amount Of$5,900,000 For The Design And Development Of The Seward Marine Industrial Center(SMIC)Including Breakwater Engineering And Construction And Appropriating Funds. Resolution 2014-069,Accepting A Grant In The Amount Of$29,682 From The Alaska Department Of Fish & Game For The Purpose Of Replacing And Improving Sewage Pump Out Facilities At The Seward Small Boat Harbor, Authorizing Matching Funds In The Amount Of$9,894 And Appropriating Funds Totaling$39,576. Resolution 2014-07Q, Authorizing The City Manager To Enter Into A 48-Month Fair Market Value Lease Agreement With Konica Minolta Business Solutions For Seven 1440.,. Replacement Copiers For A Base Amount Of$1,896.64 Per Month. Approval of the June 9,2014 and June 23,2014 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Presidential Service Awards for Walter Corrigan,Mike Moore,Don Cripps,and Jean Cripps. Borough Assembly Report,Sue McClure reported the assembly had met twice since her last report. There had been an ordinance before the assembly to ask voters whether or not they would support a borough-wide bed tax to fund tourism, but Borough Mayor Mike Navarre vetoed the ordinance and after much discussion, the assembly failed to override the veto. The assembly appropriated approximately$300,000 to the city from this year's cruise ship head tax receipts. There would be a citizen advisory vote on the October ballot to indicate whether borough elections should be held by mail. There would also be a two-part citizen advisory vote on the October ballot asking voters whether they want the borough to have limited animal control powers specifically for domestic animal rescue outside city limits, and whether there should be a 0.02 mill property tax increase to support that endeavor. There were three Borough Assembly seats representing Homer, Kenai and Sterling up for election this year, as well as several service board area seats. City of Seward,Alaska City Council Minutes August 11, 2014 Volume 39,Page The assembly would next meet on September 2, 2014. The agenda for that meeting would include passing through money from the state: $100,000 grant for the Seward Bear Creek Volunteer Fire Department to help finish the building,and$500,000 for the Seward Bear Creek Flood Service Area Board to help them continue flood mitigation work. In response to Squires, McClure said the animal rescue advisory vote would be a borough- wide service, outside city limits, and was intended to mitigate animal abuse, as well as provide support and response in the event of a disaster. City Manager's Report, Assistant City Manager Ron Long stated there had been no purchase orders between$10,000 and$50,000 approved by the City Manager since the last council meeting. There would be nearly 1,400 visitors in Seward this week from the Council of State Governments.Negotiations for employment for the Project Manager position were underway.Long thanked Harmon Construction for replacing the glass on the bus stop located at Kawabe Park. In the Public Works Department,the bid opening for the Lowell Point sludge removal project was held today and the apparent low bidder was Merrell Brothers Construction at approximately $3.988 million. Public Works and city administration received multiple complaints regarding the odor problem at Lowell Point and this project should be completed by June 2015. Further, staff corresponded with the Alaska Department ofEnvironmental Conservation(ADEC)and was working toward a solution.Residents of Lowell Point were=ailed about odor control measures taking place. Staff was monitoring dissolved oxygen levels and odor control measures,including adding calcium nitrate to the lagoon. Public Works Director W.C. Casey said last week one of his staff reported a Channel 2 news crew at the sewage lagoon.The news team told Casey that someone had called them a reported raw sewage had been dumped into Resurrection Bay,and Casey denied any knowledge of that concern. Long added that the city had conducted air quality testing would be conducted tomorrow four times throughout the day by White Environmental Consultants at the Lowell Point Sewage Lagoon. Casey said he spoke with the Environmental Protection Agency, but the State of Alaska had no requirements for hydrogen sulfide.Public Works staff had been testing the air and had been getting zero detect results. In the Harbor Department,the 59 'Annual Silver Salmon Derby started on August 9,2014. Harmon Properties,LLC executed a seventy-nine(79)year lease extension on their 2-acre parcel at the Seward Marine Industrial Center(SMIC).The lease agreement would come before council on the August 25, 2014 agenda. The harbor received no bids for the impounded vessel auction held on August 1, 2014. Subsequently, fluids and a few parts were removed from the vessel and then the vessel hulk was hauled off to the dump for disposal. A representative of the Department of Homeland Security inspected Seward's dock facilities on August 4,2014 to evaluate the feasibility of Seward as an emergency backup to the Port of Anchorage. The Electric Department received no responses for the load tap changers/substation transformers maintenance and renovation work proposal.Per City Code Section 6.10.120.A.10,the Electric Department would negotiate with a qualified contractor on a price and schedule the work for the summer of 2015. Casagranda pointed out that many Lowell Point residents complained about the air quality at night,and requested that air quality testing also be conducted during the nighttime,or even for a full City of Seward,Alaska August 11, 2014 City Council Minutes Volume 39,Page ice,,,, 24-hour period. In response to Darling,Long said the Lowell Point Sewage Lagoon dredging project had been delayed for many reasons, and wanted to focus instead on obtaining funding and solving the problem. Terry echoed Casagranda's concerns and said if a tester was coming down to test,then she wanted to take advantage of that opportunity to get as many tests done, as thoroughly, as possible. In response to Butts, Casey said the Public Works Department had gas detectors that staff was trained and capable of using. The contractor that was coming tomorrow would be bringing the same machine. Squires said he had personally borrowed the Seward Fire Department's gas detector last Thursday and performed his own independent air quality test. Squires said his testing registered a zero detect reading for hydrogen sulfide. However, he also said that by the time he finished his testing and returned to town after one hour, he had a headache.He believed something was really wrong and agreed that further testing needed to be done. Bardarson requested administration prepare to address the priority lists in September and the budget in October. City Attorney's Report,Eric Wohlforth stated his firm had worked with administration on administrative matters,employment issues and records requests.He worked on documents related to the proposed sale of the Jesse Lee Home property, title research on the land transfer for the Spring Creek Correctional Center,and various other matters. Terry asked Wohlforth if he had reviewed the upcoming Harmon Properties,LLC lease and he said he would review the documents for that proposed lease prior to its coming before council. Other Reports,Announcements and Presentations -None PUBLIC HEARINGS-None UNFINISHED BUSINESS-None NEW BUSINESS Resolution 2014-065,Authorizing The City Of Seward To Issue Harbor Improvement Revenue Refunding Bonds, 2014 In The Principal Amount Of Not To Exceed $3,675,000 To Refund Certain Outstanding Harbor Improvement Bonds Of The City,Fixing Certain Details Of Such Bonds And Authorizing Their Sale,And Providing For Related Matters. Motion (Terry/Casagranda) Approve Resolution 2014-065 In response to Bardarson, Finance Director Kris Erchinger and City Attorney Eric Wohlforth clarified that the city could add any revenue funds, but not grant funds, to the Harbor Enterprise Fund in order to meet the bond payments.Erchinger added there were several alternatives r that could be considered to cover bond payments before the city would have to increase rates, including reducing operating expenses at the harbor or transferring funds from the General Fund. Wohlforth added that approach would be a refinancing approach more than refunding. N TN City of Seward,Alaska City Council Minutes August 11,2014 Volume 39,Page In response to Butts, Long said the city was not taking on any new obligations, but was essentially consolidating two existing bonds.This represented a significant cost savings opportunity to the city by providing for lowered payments over the same term.Wohlforth added the precise cost savings would not be determined until early September when the bonds were sold. Motion Passed Unanimous Resolution 2014-068,Approving A Short Term Lease Agreement With Raibow Fiberglass And Boat Repair,LLC For Additional Land At The Seward Marine Industrial Center. Motion (Terry/Casagranda) Approve Resolution 2014-068 Harbormaster Mack Funk directed council to laydown language that would amend the effective date of this resolution,which was advised to Funk by Wohlforth's colleague,Will Eamhart. Wohlforth clarified the effective date of the lease was the date it was negotiated by the City Manager, which was July 24, 2014. If this resolution was approved tonight, the lease would continue uninterrupted,but there would be the potential for a 30-day suspension period as well. Terry challenged Funk's interpretation of the code wherein the effective date was retroactive to the negotiation date.Wohlforth responded that his interpretation was the effective date for a short- term lease was retroactive,but subject to council approval. Nord Motion to Amend(Terry/Bardarson) Amend Resolution 2014-068 by changing Section 2 to read: "This lease was effective on July 24, 2014. This resolution shall continue the lease, but is subject to suspension for the first thirty (30) days." Motion Passed Unanimous Other New Business Items Council scheduled a work session to discuss the Lowell Point Sewage Lagoon on August 18, 2014 at 6:00 p.m. Council requested that administration invite M.L. Foster and White Environmental Consultants to attend the work session. INFORMATIONAL ITEMS AND REPORTS June 2014 Providence Seward Medical Center Financial Report. COUNCIL COMMENTS Terry thanked the Electric and Public Works Departments for completing the cross walks and signage at the Electric Warehouse. She implored Seward citizens to apply for the Planning& Zoning Commission. City of Seward,Alaska City Council Minutes August 11, 2014 Volume 39, Page Butts thanked all the Lowell Point residents who came out to speak tonight.He asked people to speak up,but when making statements to make sure they're stating facts and not spreading rumor or conjecture. He congratulated Walter Corrigan, Mike Moore, Don Cripps, and Jean Cripps on receiving the President's Service Award this evening. Casagranda personally apologized to Lowell Point residents for not doing more to help their situation. Squires sympathized with Lowell Point residents, and although he could not take responsibility for past council actions, he ensured Lowell Point residents that the current council would hold the City Manager accountable and the issue would be addressed during the annual evaluation process,if necessary.He said tonight's recipients were well deserving of the President's Service Award. Darling congratulated Walter Corrigan, Mike Moore, Don Cripps, and Jean Cripps, and thanked all volunteers for pitching in. She thanked Lowell Point residents for coming and speaking out, and ensured them that council was concerned and addressing the issue. Long encouraged people to vote. Bardarson congratulated Walter Corrigan, Mike Moore, Don Cripps, and Jean Cripps, thanked the Lowell Point residents, Harmon Construction for the bus stop glass repair, and wished everyone good luck in the Silver Salmon Derby. CITIZEN COMMENTS Lynda Paquette said the research she had performed indicated that the gas monitoring equipment that Caseymentioned was designed for confined spaces,and not for out-of-doors testing. She believed this was because high levels of hydrogen sulfide did not normally exist in high levels out-of-doors. She reported on a spontaneous health poll she conducted on Lowell Point residents with the following complaints: I person with asthma,55 people with eye complaints,48 people with shortness of breath, 48 people with fatigue, 48 people with loss of appetite, 53 people with headaches,47 people with irritability,44 people with loss of memory,and 44 people with dizziness. Sue Lang thanked the city for scraping Lowell Point road today.She thanked Lynda Paquette for her time and efforts to perform research, get questions answered and provide communications with the residents of Lowell Point. Teri Arnold thanked council for listening tonight and believed they would make something happen. Ron Wille spoke about the harbor bonds. He said the passenger head tax was originally created to pay for E Float renovations and fish cleaning stations,and was intended to be sunset,but it never was.Instead,the head tax rate was increased and used to fix other docks.Now,he believed the cycle of passenger head tax and bonds would never end. He encouraged council to shorten the time frame and pay off the bonds sooner. 1Z) City of Seward,Alaska City Council Minutes August 11, 2014 Volume 39,Page COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Squires said the gas detectors owned by the city were designed to work in the out-of-doors and he thought that White Environmental had different equipment that was capable of testing for a 24-hour period. Butts said the gas detectors owned by the city were calibrated,and many people on staff and volunteer fire fighters were trained on how to use and maintain them.He visited Lowell Point today for the second time to speak with residents and agreed the smell was bad. Casagranda requested that White Environmental Consultants be contacted to ensure they brought the necessary equipment to test out-of-doors and for a 24-hour period. ADJOURNMENT The meeting was adjourned at 9:08 p.m. Brenda Ballou, CMC Jean Bardarson Deputy City Clerk Mayor (City Seal) City of Seward,Alaska City Council Special Meeting Minutes August 25, 2014 Volume 39,Page CALL TO ORDER The August 25,2014 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY City Manager Jim Hunt led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Ristine Casagranda Christy Terry Marianna Keil David Squires Dale Butts Iris Darling comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA Motion (Keil/Terry) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Other New Business Items Give direction to administration to hire a third consultant to remediate hydrogen sulfide emission related to City sewage. Casagranda felt someone should be taking care of odor control in the meantime while the contract of sludge removal was carried out. Darling added that the business Brown and Caldwell, whose offices were in Olympia and Seattle, were experts in advising on odor control. They weren't in the dredging business, but 131 City of Seward,Alaska City Council Special Meeting Minutes August 25, 2014 Volume 39,Page specialized in just odor control. She felt they needed to get someone who really knew what they were doing. Keil noted three of the companies listed in their meeting packet were water specialist and septic tank designers. Casagranda suggested the city add a change order to the contract with the successful bidder for the dredging project at the lagoon, Merrell Brothers, for odor control prior to dredging. Butts asked administration to explain if the city were to go out for proposal,how short they could make the process. Hunt said it would not be a short timeframe. It was possible to go out to quotes,but staff would have to look for an appropriation.He saw difficulty in addressing just one gas as noticed in this meeting. He thought it could be one component of many. Public Works Director W.C.Casey said he had been talking with Merrell Brothers on the odor control. Casey feared driving the ph levels up and be out of compliance with their permit or cause any other odors. The smell was subsiding now that it was getting colder. He felt they could ramp up the addition to the calcium nitrate now they knew it was a successful fix until the dredge.He thought the problem was going to be reduced soon. Terry thought the one gas argument was semantics and administration could address the problem as a whole.They needed to be more aggressive and less reactionary.Council and the public needed more updates and the public needed to know staff was addressing issues. Hunt said they could communicate better these happenings.He could not get around the fact that it would smell when they dredged.Terry asked why they wouldn't find a consultant to determine that fully. Squires stated he would rather spend less money on studies and get the job done. He'd be more willing to approve a change order to fix the job rather than go out for another study. He'd be willing to pay more to bump up the timeline on the dredging project. Casagranda said if the city was on the same page to making a change order,staff could work on changing the date of the dredging project to an earlier date.Bardarson said council had given that direction and they could also direct to have the company look into odor remediation until dredging occurred. Keil was concerned about moving the dredge date due to the upcoming flood season. Casagranda thought November was a good month to start. Bardarson thought they should just approach Merrell Brothers and see what they could do and how early they could do it. Butts said he wouldn't support anything that would delay this process at all. Darling said her big priority was to stop the odor as soon as possible. Casey confirmed the contract should be coming to council for approval on September 8, 2014. There was an email sent to Merrell Brothers last Tuesday asking during the sludge removal 3a City of Seward,Alaska City Council Special Meeting Minutes August 25, 2014 Volume 39,Page process if there was anything that could be done to reduce odors and asking them of their proposed schedule. If they could control the odors until spring,they could dredge in the spring and he hoped that would be acceptable. These conversations were ongoing and he didn't want to jeopardize the process.The city had issued a notice of intent to award today and hoped to finish negotiations before the September 8,2014 meeting. Staff was ordering 2,000 pounds of calcium nitrate and intended to trickle it in places instead of dumping all at once. They were ramping up efforts and really hoped they could remediate the issue internally. Casey stated he was optimistic. He hoped they could appreciate his caution with dumping calcium nitrate because the city had to make sure they wouldn't make the situation worse or jeopardize their permit with DEC. Long said the direction from council was pretty clear to go back to the proposed contractor. Staff had been meeting and making progress. Long noticed there were a lot of people trying to sell the city on things. Changing the scope of work and the timeline were possibilities with the contract that was coming before them, but the city needed necessary time to negotiate with the contractor. Staff hoped to get it done by the September 8, 2014 meeting or sooner, if possible. In response to Casagranda, Casey said it took about a week for the calcium nitrate to arrive. In response to Squires, since they have been adding the calcium nitrate to the lagoon,the ph levels were holding at an acceptable level. Four more aereators were coming this week. Terry thought it made sense to keep the same contractor to not confuse issues or opinions. She stressed they shouldn't be reactionary and be more proactive. r Council directed staff to find out if they could negotiate changes to the Merrell Brothers contract by changing scope of work to include odor remediation prior to dredging. If this was not possible, administration was directed to seek a third consultant to deal with odor control at the Lowell Point Sewage Lagoon. COUNCIL COMMENTS Darling hoped staff could get this contract negotiated before September 8, 2014. CITIZEN COMMENTS Lynda Paquette recapped what she thought council discussed tonight. The city planned to approve the contract with Merrell Brothers to include odor control. In terms of the third consultant, she wondered about the City Manager's$10,000-$50,000 spending authority. She didn't know what the concern was about calcium nitrate; it was commonly used and not dangerous. Tom Miller stated he lived right beside the lagoon.For him,the smells were not going down. It was terrible and his family's business was losing a lot of money due to the odor. Miller had been feeling health effects and really hoped the city could push the project forward as fast as they could. They had guests leave early and received bad reviews due to the smell. 141ko• John French thought the concern on other gasses was a red herring.Other gasses were being produced,but the majority of the smell in an anaerobic system was hydrogen sulfide which could be 1�� City of Seward,Alaska City Council Special Meeting Minutes August 25, 2014 Volume 39,Page masked by calcium nitrate and French was happy to hear it was being recommended by a lot of NftiOS experts to use it. He hoped the system could be more aerobic and reverse the odor trend it had been taking.French hoped in the future council and administration would make this lagoon a priority and not put it off like before. John Page said he was pleased to see council was interested in pursuing remediation. They really needed to have the work done prior to spring. He spoke on the awful smell and the economic impact it had on all of their businesses. Each day hundreds of tourists drove Lowell Point Road.He was concerned changing timeline of the contract and adding odor control would cost more money but hoped they would not stay on the proposed schedule of starting dredging in April,2015. If the smell remained, many of his employees would not return next season. That impact would reflect on the entire tourism scene of Seward. He was encouraged tonight and appreciate the concern council has shown the community of Lowell Point. State House Representative Mike Chenault,representing Seward and Lowell Point,noted they were able to put state funds into this project to get the problem fixed. He didn't know where they were at specifically,and pleaded with council to take whatever actions necessary to remedy the problem at the sewage lagoon. If money was still an issue,he and Senator Micciche,who was also present tonight, would be happy to help lobby for more funds. Teri Arnold said one of their children was getting married in Seward next June. They were wondering if they needed to call and relocate due to the odor. She asked council to please hurry this Noild project along and not wait until April. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Casagranda clarified that the contract was slated to come before council at their meeting on September 8, 2014 or if sooner, they could call a special meeting. She thanked Representative Chenault for coming tonight. Keil asked that the air quality list be made available to the public. Butts said some of the concern was about money,but he felt if it came down to more money needed, they would work to find a way to pay for this. The city wasn't penny pinching or slowing down the project due to a dollar sign. They were working on fast response. ADJOURNMENT The meeting was adjourned at 6:53 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Mayor 124 City of Seward,Alaska City Council Special Meeting Minutes August 25, 2014 Volume 39,Page (City NII6w I�� City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39, Page CALL TO ORDER The August 25,2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Ristine Casagranda Christy Terry Marianna Keil David Squires Dale Butts Iris Darling comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nori Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brad Snowden thanked the community for their support during the primary election last week as a gubernatorial candidate. He was humbled and happy to get as many votes as he did. Snowden stated Seward had a great Police Chief. He announced he intended to run as a write-in candidate and was looking for a good Lieutenant Governor. Sue Lang reminded council the visitor industry for the Lowell Point season started on or about March 1.Anything the city could do to get the dredging project started earlier would be greatly appreciated. Alan Heavirland of Lowell Point owned a bed and breakfast business and their season started March 1.He had a busier April than May this year. The sooner the city could get the problem at the sewage lagoon tackled, the better. Sue McClure thanked Representative Chenault and Senator Micciche for coming to the special meeting and wanted to introduce everyone to the senator as he was a new senator for the Seward area due to redistricting. State Senator Peter Micciche was happy to be present tonight and was gathering information on the Lowell Point Sewage Lagoon. Administration and Public Works have already r, City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39,Page ilkay, spoken to him to help obtain funding. This was an essential service that needed to be remedied and he saw council was active on fixing this problem.Micciche stated he had history with the breakwater project,AVTEC,and the Boys and Girls Club.He left his business cards and was welcoming of any questions to help him learn more about Seward. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Mayor Bardarson added a travel report for the Mayor's Conference / Alaska Municipal League Summer Session. Motion Passed Unanimous The clerk read the following approved consent agenda items: Appoint Gary Seese to the Planning and Zoning Commission with a term to expire February 2016. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Founder's Day Proclamation Chamber Report,Cindy Clock stated the chamber resumed their economic development meetings this week: The Silver Salmon Derby was a success despite the weather, and an estimated 6,000 people fished the derby.Clock thanked Icicle Seafoods,the city,and the Bakery at the Harbor for taking care of everyone in the derby booth. The Chamber of Commerce interior remodel began this week and offices would temporarily relocate to the Holiday Inn Express in Suite B. The next chamber luncheon was September 5,201.4 with Kenai Peninsula Borough Auditor DeRay Jones,and then on September 19,2014 with Anchorage Mayor Dan Sullivan.Meet the Candidates Night would take place sometime in September.The Seward Music and Arts Festival was September 26-28,2014 and the Alaska Historical Society/Museums Alaska Conference would take place in Seward in early October.Clock stated she was approached Lowell Point community members,who asked her to urge the City Council to get the sewage lagoon dredge project moving forward sooner than it was slated for. In response to Terry,the parking numbers were down and Clock said the derby numbers were likely down,which she attributed to weather.Clock felt it was pretty amazing the sales they had this year considering the weather they endured. City Manager's Report, City Manager Jim Hunt stated the following purchase orders between $10,000 and $50,000 were approved by the City Manager since the last council meeting: Public Works ordered four more aerators for the Lowell Point Sewage Lagoon,therefore requesting a $38,000 purchase order for Clearblue Environmental, a purchase order was issued to McKinley Fence for $31,000 to enclose the staging area for the contractors while removing the sludge and City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39,Page making repairs at the lagoon,$20,330 to AC Electric for warehouse wiring,and$30,000 for annual Alaska Railbelt Cooperative Transmission and Electric Company(ARCTEC) dues. Public Works continued to monitor for hydrogen sulfide (H2S) at Lowell Point and was applying calcium nitrate into the system at a rate of 10 pounds per day.Additionally,Public Works ordered 400 pounds of additional calcium nitrate and continued to report all Lowell Point Sewage Lagoon activities to three divisions of the Alaska Department of Environmental Conservation. The Finance Department was working with the Alaska Municipal Bond Bank to facilitate the refinancing of the 2005 and 2006 Harbor Improvement Bonds, with the expectation of saving in excess of$30,000 per year in debt service costs due to lower interest rates. The general ledger and accounts payable systems from the new financial accounting system had been installed.The Finance Department would soon bring criteria to the City Council to go to bid for auditing services. Harbor staff was busy during the Silver Salmon Derby.In accordance with SCC 6.10.120.E, the Harbor Department was soliciting professional engineering services to design B, C, S, and G Floats Replacement Project. The evaluation criterion was announced as follows: • Statement of Qualifications = 50 Points • Detailed Draft Scope of Work= 30 Points • References = 10 Points • Clarity of Proposal = 10 Points Please note that for this solicitation only, the factor of cost was not a criterion, per the Harbormaster's recommendation to the City Manager(in accordance with SCC 6.10.310 A). Hunt reminded the public to please not use the warehouse parking or pathway to the ball fields as a shortcut, as it was still a construction zone. If council would like to tour Chugach's new power plant, please let the Electric Department know. In the Library/Museum, Valarie Kingsland started at the new director on August 11, 2014. In response to Butts,Hunt stated they had not filled the position for the Project Manager yet, but were speaking with a candidate who was considering the offer. He would know the candidate's decision by mid-week. Terry requested council receive notifications on the City Manager's schedule as to when he would be out of town or out of the office. Terry noted council received a disturbing letter from a parent in the community and thought they needed to talk about intolerance for violence in the workplace. She requested any updated copies on personnel procedures regarding workplace violence. Alaska Municipal League Summer Session Travel Report.Bardarson stated she traveled to Nome August 12-15,2014 to attend the summer session and attend an Alaska Mayor's meeting. Wasilla Mayor Rupright sponsored a resolution to have Department of Transportation projects reviewed first by local planning authorities prior to department approval. Attendees listened to a presentation called "Big Marijuana, Big Mistake" and the Alaska Conference of Mayors passed a resolution opposing the legalization of marijuana.Ray Gillespie and Kathie Wasserman gave reports Noir on state and federal issues including continuing revenue sharing. Other topics discussed were the Public Employees Retirement System (PERS) and renewable energy sources. City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39, Page Other Reports,Announcements and Presentations Update on Seward Community Health Center Operations by Executive Director Patrick Linton. PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2014-071, Approving Amendment No. 2 To The Management And Operating Agreement Between The City Of Seward And Providence Health& Services To Reduce The Annual Fixed Periodic Fee Based On Carving Out Primary Care Clinic Operations. Motion (Terry/Casagranda) Approve Resolution 2014-071 Finance Director Kris Ereh tiger reminded council the city had a maintenance and operating agreement which expired in 2018.The first amendment was made to carve out the primary care clinic services.When they asked council to approve the first amendment earlier this year,it was unclear what the financial impact of that would be. This resolution was to reduce the annual fixed periodic fee,best described as an approximation,if the city was to purchase these services in an open market. This included things like IT services,marketing, specific assistance in financial reporting, auditing, health insurance, property insurance, and so on. Erchinger explained how they came up with a figure that would be defensible when looking at the clinic reduction. It was administration's recommendation to reduce by$60,000, or 6.6%. Erchinger also noted utility costs were now being shared with the Community Health Center. In response to Butts, Erchinger noted profits and losses of Providence were felt by the tax payers of Seward. The cost the city was paying for Providence would be reduced by$60,000 by this resolution. In response to Squires, Erchinger stated there was only one similar arrangement of a municipality operating a hospital and that was the City of Valdez, but even Valdez differed from Seward's arrangement.When Providence first came to Seward,the city leased the building and lost a lot of money. The state brought in a consultant to figure out how health care could be sustained in Seward and it was determined if they combined the facilities(Providence and Wesley Rehabilitation and Care Center) it would create a sustainable health care system. The city no longer leased the building,but instead co-located both facilities and hired Providence to manage the two facilities on its behalf. Erchinger confirmed Providence had agreed to the terms of this contract amendment. Motion Passed Unanimous Resolution 2014-072,Authorizing The City Manager To Enter Into A Construction Contract 1aak City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39,Page With Orion Marine Contractors, Inc. In An Amount Not To Exceed $6,150,900 For The Breakwater Rock Production Project At The Seward Marine Industrial Center And An Additional $615,090 As A Project Contingency. Motion (Keil/Squires) Approve Resolution 2014-072 Long stated the bid amounts were included for council review, and were close to the engineer's estimate. He explained why it was in four parts with a base part and three additional options. Quarry analysis had been done for the project,but they did not spend the$500,000 to do an in-depth analysis for a recovery rate as part of a bid package, so that cost was transferred to the bidder instead.With the four part bid,it put the onus on the contractor to produce the first part of the rock, then re-assess the project, and trigger the next add on when ready. This was an aggressive contract, and the city would like all of the rock produced by spring of 2015. This was just the rock production only for the breakwater project. It took a long time to make the rock, so staff was being prepared for the breakwater project next year. In response to questions, Harbormaster Mack Funk stated the signed contract was not in the council packet,but he had a signed copy with him. Motion Passed Unanimous Other New Business Items 'load Discuss the mobile and roving vendor policy or schedule a work session to discuss the mobile and roving vendor policy.(Clerk)City Clerk Johanna Kinney stated this policy was coming back to the council for review and any changes per their request earlier in the summer.Kinney stated they did not receive any vendor applications for 2014, but a lot of businesses showed interest. After discussion, council directed the clerk to leave the policy as it was created at least for the next business year. Discussion on scheduling a work session with the Alternative Energy Group. (Casagranda) Casagranda was very excited when Alternative Energy Group member Mike Insalaco came forward with an update on energy and she didn't want to lose momentum on this topic. She hoped council could schedule something with this energetic group.The topic could be alternative energy in Seward. Terry recalled they were working on an alternative energy plan or policy for the City of Seward. Bardarson agreed she did not want this to lose momentum either. Long said the city was working on a proposal to gather perspective on alternative energy, specifically a demonstration project to pick the smallest area with the highest likelihood of success. Administration was currently working on this and confirmed it to be geothermal.Council scheduled the work session for October 27,2014 at 5:30 p.m. INFORMATIONAL ITEMS AND REPORTS —None COUNCIL COMMENTS 14A City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39, Page ,,. Keil was happy to see Senator Micciche and Representative Chenault were here to listen to Lowell Point Sewage Lagoon concerns and also for them to see the city using the other state funds received for the SMIC Expansion Project. Terry welcomed the senator and the representative for attending tonight's meetings. She noted school was in session and cautioned the public to be careful on the streets. She reiterated the city should have a zero tolerance for workplace violence and for abuse of minors. The city and community did not stand for that. She wanted to make sure policies were in place stating such. Butts thanked Micciche and Chenault for being here tonight.He congratulated and thanked Gary Seese for applying to the Planning and Zoning Commission. He noted he would not be present for the September 22, 2014 meeting. Butts wanted to make sure everyone in Lowell Point and the community had his contact information and stated his cell phone number for people to call him. He was there for comments and concerns and encouraged people to call him. Casagranda echoed thanks for Seward's legislators showing up tonight and Loren Leman for being here as well. She agreed there should be no tolerance of violence in the city. Casagranda was really hopeful that the Lowell Point Sewage Lagoon dredging project could be moved up earlier. Squires congratulated Gary Seese on his appointment to the Planning and Zoning Commission and felt he would be a good addition. He thanked the representative and senator for iL coming tonight. Squires was sympathetic to the problems at Lowell Point.He wanted the issue fixed, but also fixed correctly and didn't feel the city should be paying for yet another consultant or study. Squires stated he would rather put the funds towards getting it done. This was a progressive council that wanted to get things done. As far as Lowell Point was concerned, they had the word of the council that this would get fixed: Darling thanked the legislators who came to support Lowell Point and the city tonight. She thanked all members of Lowell Point who came tonight and said council would work with them to get the sewage lagoon fixed.It shouldn't have gotten to this point,but it did. She congratulated Gary Seese. Hunt thanked Chenault and Micciche for attending tonight.Administration looked forward to correcting sewage lagoon problem. Long said the group Clock was talking about in her report was part of the Arctic Council. The United States would assume the chair of this council for the next two years; it was the best opportunity on arctic policy developments. It was an honor to have Seward considered as a site selection for a future conference.Long stated the Lowell Point Sewage Lagoon was a low-tech,low- maintenance facility and needed to be a medium-tech, medium-maintenance facility, which was administration's goal. The lagoon needed to be emptied; otherwise any other repair would just be a temporary repair. Bardarson thanked Chenault and Micciche for coming and for their financial support. It would be difficult for Seward to pay for these projects on their own and she thanked them for their efforts in securing funding for the lagoon. ■41 City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39, Page CITIZEN COMMENTS Paul Paquette expressed thanks for council's concern for the welfare of residents and their guests at Lowell Point. It would relieve them to not have any more smell out there, their main concern was the odor. Paquette looked forward to the odor dissipating and not being bothersome to them or their customers. Sue Lang of Silver Derby Campground stated she had one reservation for Labor Day weekend. She hoped completion of the project would occur prior to March 1, 2015. Loren Leman added last week the city asked him to talk to the contractor to answer what they could do regarding odors during removal of sludge.Merrell Brothers relayed they dealt with this situation on a regular basis and they would continue to aerate during the removal process. Often odors during removal had to do with the overload of the lagoon. Leman also followed up to the question of what were other techniques to not pump through the lining.Merrell Brothers stated they were very conscious of that and if the lining was damaged it would be their responsibility to repair it. Regarding the schedule of the project, that was mo-re difficult to move up, but not impossible. He encouraged council to engage with representatives from Merrell Brothers at their September 8,2014 meeting. He thanked the council for their instructive participation in the process. Lynda Paquette thanked the senator and representative for being here tonight. They were living in catastrophic conditions since July of this year,but the issue started really last spring. Last fall they met with the Kenai Peninsula Borough Mayor, who instructed them to contact the Department of Environmental Conservation. In November, she asked the city be proactive in resolving this problem. Today there was some proactivity, but between then and now staff hadn't been proactive and she had felt resistance to even being listened to. Paquette appreciated Butts' sharing his phone number tonight and really felt it was a step in the right direction and appreciated his efforts. She felt like tonight they were all on the same page and felt encouraged.Paquette noted this had not been easy for any of them,and to please not forget them. She clarified that the statement that there should not be houses surrounding sewage lagoons was not true,this was typically not the case in this current day. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Terry thanked Leman for his update. Butts stated he would be representing the City Council at a Kenai Peninsula Economic Development District meeting. Casagranda felt the Lowell Point Sewage Lagoon issue was not being studied to death. Everyone knew this problem was coming and the citizens of Lowell Point deserved a special meeting tonight. The issue was moving forward, and she felt like it was a productive meeting. ADJOURNMENT l ) City of Seward,Alaska City Council Minutes August 25, 2014 Volume 39,Page r The meeting was adjourned at 8:47 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) �� 3 REPORT OF ELECTION CANVASS BOARD Certification of City Clerk's Recording We, the undersigned, duly appointed at the City Council Regular Meeting on September 22, 2014 as the Canvass Board for the City of Seward, do hereby certify that we have examined in detail all absentee, special needs and questioned ballots, original and duplicate tally sheets, and questioned and special needs registers from the City of Seward precinct. Upon completion of the canvass, it is our opinion that the attached summary of election returns, as compiled by the Canvass Board and recorded by the City Clerk, accurately reflects the totals shown on the Certificate of Election Returns (ballot statement) by the election board of the voting precinct for the October 7, 2014 Election. Dated this 9th day of October, 2014. bplID 0 `f i , G , (Attach Final Certificate of Results) FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION '041610 HELD OCTOBER 7, 2014 The Canvass Board has completed their review of all absentee and questioned ballots of the City of Seward Regular Municipal Election held October 7, 2014. Their totals are: {Note: Total Counted plus Total Rejected =Total Voted Report of Absentee and Questioned Ballots Absentee ballots voted 52 Questioned ballots voted 2 Special Needs ballots voted 1 Total Voted 55 Rejected Not registered, registered too late or registered out of city limits 1 w Form not completed properly Signed/witnessed after election day Total Rejected 1 Counted Absentee 52 Questioned 1 Special Needs 1 Total Counted 54 We, the Canvass Board, hereby certify the above count and the attached hand count tabulations tally. ) )°'6'v° 60/6-"ZS---- .- -td*Ot)5(Athi October 7,2014 City of Seward Regular Election Page 1 of 2 }a REPORT OF CANVASS BOARD Summary of Election Returns City of Seward October 7,2014 Election Day results, after canvassing, are as follows: Three City Council Seats Available(Two-Year Terms) Election Day Votes After Canvass Votes Total Votes Rissie Casagranda 203 40 243 Dale Butts 216 34 250 Marianna Keil 179 37 216 John French 117 19 136 Write-Ins 8 6 14 One City Council Seat Available(One-Year Term) Election Day Votes After Canvass Votes Total Votes Iris Darling 231 43 274 Write-Ins 13 4 17 Summary A total of 298 people voted at this election. There were 52 absentee in-person and by-mail ballots. There were 1 special needs ballots. There were 1 questioned ballots. Therefore, 352 voters turned out. Upon completion of the canvass, it is our opinion that the Summary of Election Returns compiled above accurately reflects the final totals for the Regular City Election held October 7, 2014 in the City of Seward, Alaska. Dated this 9th day of October, 2014. —G-ta It c_Lo-,} c_ October 7,2014 City of Seward Regular Election Page 2 of 2 CITY OF SEWARD, ALASKA OCT 0 6 2014 APPLICATION FOR THE SEWARD PLANNING AND ZONING COMMISSION NAME: 7�< �l,�i �✓ S r��z� STREET ADDRESS: MAILING ADDRESS: ��x ;p 7, ce.��G fir/ ��G .5Z 9v 7' HOME TELEPHONE: ,.1, 4_ / BUSINESS PHONE: yc 7 _ 3 _/54, E-MAIL ADDRESS: A 4 al--c rL FAX: HOW LONG IN THE CITY LIMITS OF SEWARD: 7// PRESENLY EMPLOYED AS: /r 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: I am specifically interested in serving on the Planning and Zoning Commission because: �OG4I4//- oC�,,� /-r, %C �i4 � 1/i•c,- �4.• 4 c�� i' ✓ S i" > o fie Z2,-/-4/ 4/,e;// A/r e,'r res P /.•��P r .rte o� s.�/�• c �•.//,•� o.�� 4'es -- Have you ever served on a similar commission elsewhere? Yes r No If so, where? S w g And And when? ,vp -- a,9 Are you available for meetings Tuesday evenings? S If appointed, are you willing to travel: Often ,(Occasionally Rarely Never Signatur- Date 4--1'1 <0 oM~i w ro o E o o N :gag ' y�a`E C FeFc, IO Ne E°Dmarro\)a�0 NU/ rnaa� 7Dna� C cry'-cgr -OCO- Yf M»N.. v v `a-'Ev n R N v r v, ... r O O N 4 r N M a r u� rare e e in r `9 �v v feu � epaNa a$ :v� ForiRm -t$1 Yn gAg go 4 n oa g m g = s4 'g Mw-,6 oig cCr6r u1,-:6M,-^rW ;r w v ¢ a a 0 ((pp i7 W R D7�Nlg NaD fOM Of M (O Of BCD aDN� M 4,47822A •tx R ruir O r M - c c ^^N S G V V E! 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