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HomeMy WebLinkAbout11212016 City Council Packet Seward City Council Agenda Packet November 21, 2016 City Council Chambers Beginning at 7:00 p.m. The C ity of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} November 21, 2016 7:00 p.m. Council Chambers Jean Bardarson 1.CALL TO ORDER Mayor 2.PLEDGE OF ALLEGIANCE Term Expires 2017 3.ROLL CALL 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor\[Those who have signed in will be given the first opportunity to Term Expires 2018speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.\] Ristine Casagranda 5.APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval of Consent Agenda passes all routine items indicated by Council Member asterisk (*). Consent Agenda items are not considered separately unless Term Expires 2018 a council member so requests. In the event of such a request, the item is returned to the Regular Agenda\] David Squires 6.SPECIAL ORDERS, PRESENTATIONS ANDREPORTS Council Member Term Expires 2017 A.Proclamations and Awards 1.Recognition of 2016 State Firefighter AwardRecipients: Sue McClure ·Firefighter of the Year Austin Chapman Council Member ·Del Moffit Award Recipient Jilian Chapman Term Expires 2017 ·Ken Akerly Fire Service Leadership Award Recipient Eddie Athey Deborah Altermatt Council Member 2.Recognition of Dale Butts for his service on the Seward Term Expires 2017 City Council Erik Slater B.Chamber of Commerce Report Council Member C.City Manager Report Term Expires 2018 D.City Attorney Report E.Other Reports and Presentations James Hunt 1.Informational presentation about the Exercise Northern City Manager Edge biennial training exercise to be conducted in the Joint Pacific Alaska Range Complex, a vast region of Johanna Kinney land and airspace encompassing parts of the state and City Clerk areas within the Gulf of Alaska in May, 2017. 2.2016 Seward Community FoundationPresentation by Will Earnhart Advisory Board President Patty Linville. City Attorney 3.Seward High School Hybrid Program Presentation by Trevan Walker. (McClure) 4.Alaska Municipal League Travel Report by Mayor Bardarson, Council Members Casagranda and Slater. 1 7.PUBLIC HEARINGS A.Resolutions Requiring A Public Hearing 1.Resolution 2016-072, Authorizing The City Manager To Enter Into A New Lease With Hamilton Construction, LLC For Lot 1, Block 3 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording District, Third Judicial District, State Of Alaska. 2.Resolution 2016-073, Rescinding And Replacing Resolution 84-104 Approved By The Seward City Council On August 31, 1984, And Authorizing The Transfer Of Parcel A-1 Spring Creek Correctional Facility, To The State Of Alaska Department Of Natural Resources, As The Site Of The Spring Creek Correctional Facility, Subject To A Reversionary Interest By The City Of Seward. 8.UNFINISHED BUSINESS– None 9.NEW BUSINESS A.Resolutions *1.Resolution 2016-074, SupportingTheSewardAreaPublic Transit Human Services Community Coordination PlanToBeSubmitted ToTheStateOfAlaska DepartmentOfTransportation And Public Facilities.(McClure) *2.Resolution 2016-075, Urging The Alaska Legislature And Governor To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2018 State Capital Budget. *3.Resolution 2016-076, Support Of The Addition Of Port And Harbor Employees To The List Of Employees Covered By Alaska Statute 12.55.135. *4.Resolution 2016-077, In Support Of Proposed Changes To Alaska Statutes Chapter 30.30 And 05.25 Improving The Management And Prevention Of Derelict Vessels. 5.Resolution 2016-078, Accepting Funds From The Alaska State Library For The Public Library Assistance Grant In The Amount Of $6,900.00 And Appropriating Funds. 6.Resolution 2016-079,Authorizing The City Manager To Purchase A 2017 Ford Explorer Police Vehicle From Cal Worthington Ford For A Price Of $34,979 Utilizing The State Of Alaska’s Competitive Procurement Process, And To Purchase Accessories And Equipment From Various Vendors For A Total Amount Not To Exceed $46,000.00, And Appropriating Funds. 7.Resolution 2016-080,Authorizing The Expenditure Of Not To Exceed $110,000 To Hamilton Construction Ltd For The Purpose Of Emergency Erosion Protection To City’s Waterfront, And Appropriating Matching Funds In The Amount Of $60,000. 2 8.Resolution 2016-081,Authorizing A Sole Source Contract With Sturgeon Electric For A Joint Communications Project With TelAlaska Communications To Bore Under Snow River For An Amount Not To Exceed $89,951.40, And Appropriating Funds. 9.Resolution 2016-082,Authorizing The City Manager To Enter Into A Sole Source Purchase Agreement With Alaska Pump & Supply, Inc. To Replace #1 Lift Station Pump, For An Amount Not To Exceed $32,918.00, And Appropriating Funds. B.Other New Business Items *1. Approval of the September 26, 2016 and October 10, 2016 City Council Regular Meeting Minutes, October 24, 2016 City Council Special Meeting Minutes. *2. Schedule a work session with BDO (city auditors) to review the 2015 Comprehensive Annual Financial Report (CAFR) for December 12, 2016 at 6:00 p.m. *3.Approval of the liquor license transfers of beverage dispensary liquor license #822 for Christo’s Palace and package store liquor license #3909 for AK.Inc d/b/a Seward Marketplace (formerly Three Bears Alaska, Inc.). 4.Formal recommendation from the Seward Community Health Center Board of Directors regarding the reconsideration of the Co-Applicant Agreement. 10.INFORMATIONAL ITEMS AND REPORTS(No Action Required) A.City of Seward Grant Awards for 2013-2015. 11.COUNCIL COMMENTS 12.CITIZEN COMMENTS 13.COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14.ADJOURNMENT 3 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITHHAMILTON CONSTRUCTION, LLC FOR LOT 1, BLOCK 3 FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 97-27 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS,the City is owner of real property described as Lot 1, Block 3 Fourth of July Creek Subdivision; and WHEREAS,the vacant landisidentified in the Municipal Lands Management Plan as available for lease in the Seward Marine Industrial Center (SMIC); and WHEREAS,Hamilton Construction,LLC submitted a proposal to lease Lot 1, Block 3 Fourth of July Creek Subdivision for a vesselandmarine related gear equipment storage area; and WHEREAS,the lease request is consistent with the SewardComprehensive Plan and the SMIC Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF SEWARD, ALASKA that: Section 1. The Council has determined that the essential terms and conditions of the proposed lease with Hamilton Construction, LLC for the real property described as Lot 1, Block 3, Fourth of July Creek Subdivision located in the City of Seward, Alaska are in the public interest. Section 2.The City Manager is authorized to execute a new lease with Hamilton Construction, LLC in substantially the form as presented at this meeting. Section 3. This resolution shall take effect 30 days from the date and posting of adoption. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November. 4 THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,RESCINDING AND REPLACING RESOLUTION 84-104 APPROVED BY THE SEWARD CITY COUNCIL ON AUGUST 31, 1984, AND AUTHORIZING THE TRANSFER OF PARCEL A-1 SPRING CREEK CORRECTIONAL FACILITY, TO THE STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, AS THE SITE OF THE SPRING CREEK CORRECTIONAL FACILITY, SUBJECT TO A REVERSIONARY INTEREST BY THE CITY OF SEWARD WHEREAS, the Seward City Council held a public hearing and authorized the transfer of Parcel A, Spring Creek Correctional Facility, and Tract “E” Fourth of July Creek Tracts, to the State of Alaska Department of Natural Resources, on August 31, 1983 via Resolution 84-104; and WHEREAS,when the 1985 legislature failed to fund construction of the prison facility, the land transfer did not take place, but the parties instead entered into a lease/purchase bonding agreement in which the City agreed to convey the land to the State once the bondsfor construction of the prison facility were paid off, subject to a reversionary clause, in which the land would transfer back to the City if the facility ceased being operated as a correctional facility; and WHEREAS, the bonds to finance the facility were paid off in September, 2006, but the land transferhas not taken place becausethe State, until now, has maintained that despite the original agreement it could not accept ownership of land subject to any reversionary interest; and WHEREAS, the parties desire to transfer the land under slightly different terms than originally contemplated, and desire to establish a clean historical record of changes that have occurred on the property since the agreement to transfer the land was originally established; namely, to account for the City’s construction and ownership of a water storage tank, sewer lagoon, and various utilities on the site by carving those off from the ultimate land transfer; to eliminate blanket easements and replace those with dedicated easements and accesses; to replat the property in order to clarify the responsibility of the parties with regard to the utilities; with the City maintaining ownership of Tract E-1 and transferring ownership of Parcel A-1 to the State, subject to the City’s reversionary interest; and WHEREAS, the State Department of Law opined on October 17, 2016 that the public hearing held in conjunction with Resolution 84-104, in that it addressed a conveyance for a state- financed facility that was not built,did not apply to a conveyance for the City-financed facility that was built, necessitating an additional public hearing and clarification of the transfer of a smaller quantity of land, specifically Parcel A-1 now being conveyed; and 43 WHEREAS,the new plat showing thespecific parcels and easements, the quit claim deed providing a legal description of the land transfer, this resolution and this public hearing will satisfy the requirements of the parties and establish for the record the basis for the land transfer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Thefollowing described real property owned by the City of Seward, shall be conveyed to the State of Alaska, Department of Natural Resources, for the purposeof operating and maintaining a long-term maximum security correctional facility, subject to reversionto the City if the facility is not used for that purpose: PARCEL A-1 Spring Creek Correctional Facility Replat No. 1, according to Plat 2016-8, filed September 29 2016, in the Seward Recording District, Third Judicial District, State of Alaska, containing 292.093 acres more or less. Section 2. The attached Quitclaim Deed is incorporated herewith. Section 3. This resolution rescinds and replaces Resolution 84-104 approved by the Seward City Council on August 31, 1984. Section 4. This resolution shall take effect thirty (30) days after its adoption. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November, 2016. THE CITY OF SEWARD ALASKA ______________________________ Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: 44 ATTEST: __________________________________ Johanna Kinney, CMC City Clerk (City Seal) 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Sponsored by:McClure CITY OF SEWARD, ALASKA RESOLUTION 2016-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE SEWARD AREA PUBLIC TRANSIT HUMAN SERVICES COMMUNITY COORDINATION PLAN TO BE SUBMITTED TO THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES WHEREAS,people with specialized transportation needs have rights to mobility. Individuals with limited incomes and people with disabilities rely heavily, sometimes exclusively, on public and specialized transportation services to live independent and fulfilling lives. These services are essential for travel to work and medical appointments, to run essential errands, or simply to take advantage of social or cultural opportunities; and WHEREAS,under MAP-21, projects funded by Federal Transit Administration (FTA) Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities program must be included in a locally developed, coordinated public transit-human services transportation plan. The Alaska Department of Transportation and Public Facilities requires any human service transit projects funded by the Alaska Mental Health Trust to also be included in a coordinated public transit- human services transportation plan; and WHEREAS,the FTASection 5310 EnhancedMobility of Seniors and Individuals with Disabilities Program provides operating and capital assistance funding to provide transit and purchase of servicesto private nonprofit agencies,federallyrecognizedtribes,andtoqualifyinglocal public bodies that provide specialized transportation servicestoelderlypersonsandtopersonswith disabilities;and WHEREAS,Alaska Mental Health Trust provides grants to private non-profit agencies, federally recognized tribes, and to qualifying local public bodies that serve community transit needs of trust beneficiaries, namely Alaskans who experience mental illness; developmental disabilities; chronic alcoholism with psychosis; or Alzheimer's disease and related dementia through funding for operating assistance, purchase of services, capital and coordinated transportation system planning; and WHEREAS, a local committee with participation by seniors, individuals with disabilities, representatives of public, private, and non-profit transportation and human services providers and participation by other members of the public met on August 13, 2015 and October 29,2015; and WHEREAS, the local committee reviewed and recommended through consensus a Public Transit Human Services Coordination PlanUpdate and Project Prioritization to be submitted to the State of Alaska Department of Transportation and Public Facilities. 64 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. That the City Council supports the localcommittee'sSewardArea Public TransitHumanServicesCommunity Coordinated PlanandProjectList. Section 2. This resolution shall take effect immediately upon adoption. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 65 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, URGING THE ALASKA LEGISLATURE AND GOVERNOR TO FULLY FUND THE MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY 2018STATE CAPITAL BUDGET WHEREAS,in 1999the State of Alaska transferred ownership of harbor’sto the communities; and WHEREAS,it is estimatedthat the backlog of projects necessary to repair and replace these former State owned harbors has increased to over $100,000,000; and WHEREAS,the municipalities of the City of Kake, the City of Ketchikan, the City and Borough of Sitka, the Municipality of Skagway, the City of Valdez, and the City and Borough of Wrangell have offered to contribute $18,160,055 in local match funding for FY2018 towards seven harbor projects of significant importance locally as required in the Harbor Facility GrantProgram; and WHEREAS, for each harbor facility grant application these municipalities have committed to invest 100% of the design and permitting costs and 50% of the construction cost;and WHEREAS, other communities have supported Seward with resolution’s to the state to fund the Facility Grant Program; and WHEREAS, during the last tenyears the Municipal Harbor Facility Grant Program has only been fully funded twice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The City Manager be directed to urge the Alaska Legislature and Governor to fully fund the Harbor Facility Matching Grant Program in the amount of $18,160,055in the FY2018 State Capital Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. Section 2. This resolution shall take effect immediately. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21dayof November 2016. 66 THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 67 68 69 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUPPORT OF THE ADDITION OF PORT AND HARBOR EMPLOYEES TO THE LIST OF EMPLOYEES COVERED BY ALASKA STATUTE 12.55.135 WHEREAS,State of Alaska statute AS 12.55.135. Sentences of Imprisonment for Misdemeanors establishes minimum terms of imprisonment for defendants convicted of assaulting or harassing uniformed or otherwise clearly identified peace officers, fire fighters, correctional employees, emergency medical technicians, paramedics, ambulance attendants or other emergency responders or medical professionals; and WHEREAS,port and harbor employees in communities throughout the State of Alaska routinely perform enforcement and emergency response duties commensurate with those performed by peace officers, fire fighters, correctional employees, emergency medical technicians, paramedics, ambulance attendants or other emergency responders or medical professionals; and WHEREAS,defendants convicted of assaulting or harassing port and harbor employees in several recent cases have received sentences well below the minimums established in AS 12.55.135 for defendants convicted of assaulting or harassing uniformed or otherwise clearly identified peace officers, fire fighters, correctional employees, emergency medical technicians, paramedics, ambulance attendants or other emergency responders or medical professionals; and WHEREAS, the Alaska Association of Harbormaster and Port Administrators desires to strengthen the deterrent to unlawfully assault or harass port and harbor employees throughout the State of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.Thatit supports the addition of port and harbor employees to the list of employees covered by State of Alaska statute AS 12.55.135. Sentences of Imprisonment for Misdemeanors, which establishes minimum terms of imprisonment for defendants convicted of assaulting or harassing uniformed or otherwise clearly identified peace officers, fire fighters, correctional employees, emergency medical technicians, paramedics, ambulance attendants or other emergency responders or medical professionals. st PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 21day of November 2016. 70 THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 71 72 73 74 75 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,IN SUPPORT OF PROPOSED CHANGES TO ALASKA STATUTES CHAPTER 30.30 AND 05.25 IMPROVING THE MANAGEMENT AND PREVENTION OF DERELICT VESSELS WHEREAS,hundreds of derelict vessels currently litter Alaska’s coastline and harbors and these numbers will increase every year unless action is taken to address aging fleets and changing commercial fisheries; and WHEREAS,in the past year alone there have been numerous derelict vessel situations that have cost the state, municipalities, and the federal government considerable expense, including two ex-Navy tugs in Adak, abandoned barges in Steamboat Slough near Bethel, and the tug Challenger that sunk off Juneau; and WHEREAS, theCity of Sewardrecognizes the widespread costs and the environmental and navigational risks for both municipalities and the state associated with derelict vessels; and WHEREAS,neighboring states have dramatically strengthened their derelict vessel prevention laws in the past five years to better prevent, track and manage derelict vessels, including raising fees to support state management of derelict vessels and requiring vessel insurance; and WHEREAS,in 1990the Alaska legislature passed a resolution acknowledging the need to better understand and address the existing and growing problem of derelict vessels around the state; and WHEREAS,the State of Alaska has outdated statutes regarding derelict vessels which lack the ability to track vessel owners, agency enforcement authority, statewide coordination of response, funding or vessel insurance requirements; and WHEREAS,in 2013 the Alaska Association of Harbormasters and Port Administrators supported the creation of the ad-hoc derelict vessel task forcewhich includes representatives from state and federal agencies as well as the Alaska Association of Harbormasters and Port Administrators, regional tribal representatives, federal and state legislative offices, and private industry; and WHEREAS,over nine full-day meetings, the task force developed thoughtful, robust and meaningful proposed changes that will help all stakeholders around the state, including harbor facilities, better address and prevent derelict vessels; and WHEREAS,this will help protect harbor infrastructure, keep valuable moorage space in our harbor available, and will prevent unsustainable economic, environmental and navigational hazards; 76 and WHEREAS,the proposed changes will improve communication and coordination between Alaska’s harbors and state and federal agencies, directly leading to decreased costs associated with managing derelict vessels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Fully supports the passage by the state legislature of all proposed revisions in Alaska Statutes 30.30 and 05.25. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21dayof November 2016. 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Derelict Vessel Program Fund New Text Underlined \[DELETED TEXT BRACKETED\] 88 (a) The derelict vessel program/ safe waters fund is created. The purpose of the fund is to provide the department, the state and municipalities money to remove derelict vessels from state waters, develop and implement programs that incentivize compliance with this chapter, and subsidize other projects and goals directly related to the derelict vessel program and authorized by regulation. (b)The fund consists of money appropriated to it by the legislature, including donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and other program receipts from activities adopted by the department or through use of the fund. (c)The Director of Motor Vehicles may deposit up to 50% of fees and costs associated with registering vessels into the fund and shall deposit at least $5 of fees paid under AS 5.25.096(a)(1) after January 1, 2017 to the fund. (d)The proceeds from the sale of a vessel under this chapter shall be distributed into the fund after all fees and costs for maintenance, removal, impoundment, disposition, advertisement, storage, moorage, wharfage, legal counsel, or any other costs or fees paid by the impounding entity with regard to that vessel have been deducted from the sale proceeds. (e)The department shall administer the fund in accordance with the provisions of this chapter and any regulations adopted by the department. Appropriations to the fund do not lapse. \[This section definitely needs Task Force discussion before it is finalized but this provides a basic introduction into the funding mechanism that the Task Force expressed interest in seeing\] New Text Underlined \[DELETED TEXT BRACKETED\] 89 New Text Underlined \[DELETED TEXT BRACKETED\] 90 New Text Underlined \[DELETED TEXT BRACKETED\] 91 New Text Underlined \[DELETED TEXT BRACKETED\] 92 93 94 95 See 96 Thefollowing section analyseswere added by Rachel: 97 trailer 98 99 #§ ­¦¤² ³® ³§¤ $¤±¤«¨¢³ 6¤²²¤« lj "® ³¨­¦ȝ7 ³¤±¢± ¥³ 3³ ³´³¤² Prepared by Rachel Lord, Task Force Facilitator July 13, 2016 This document summarizes the problems and proposed/potential solutions the ad-hoc Alaska ADV Task Force has developed over the past two years of meeting to discuss this issue around Alaska. It is intended to accompany the July 2016 proposed statute revisions to AS 30.30 and AS 05.25 and the associated legal memo outlining the section changes. Italicized references point to the revised statutes as currently proposed. Throughout we have also included some references to Washington statutes. The state of Washington is a nationwide model on effective and pro-active derelict vessel prevention and management. They are also our closest U.S. neighbor, and many vessels and vessel owners transit between the two states. The end of this document includes a short discussion on general marine insurance, as well as a basic overview of Alaskas commercial fleets for reference. A.PROBLEM: When a vessel is abandoned, it can be difficult for the state to determine the legal owner for taking legal action. PROPOSED SOLUTIONS: bill of sale, etc. (AS 30.30.190(5) Definitions) Require barges to have AK registration numbers (5.25.055 (i)(4) Registration and Numbering of Boats) NOTES: Potential additional solutions could include to begin requiring titles for boats in Alaska, and lay out a clear process for transfer of ownership under state law (similar to motor vehicles AS 28.10.271). Alaska is one of 16 states that do not require boat titles, and the only state on the West Coast (with the exception of Hawaii). Under WA law, the vessel title system can be found under Title 88.02. See 2 AAC 70.160 for more on current Transfer of certificate of number. Also consider increasing penalties and enforcement for invalid boat registrations. Currently -to-date or valid. B.PROBLEM: very little ability to enforce trespass laws, short of going through a lengthy and expensive criminal process. Extended trespass of vessels on 100 state tidelands can lead to costly abandoned/derelict vessels. Pro-active engagement of owners and action against trespass can save a lot of money in the long-run in avoiding sinkings and encumbrances on state lands. PROPOSED SOLUTIONS: Enable ADNR to enforce trespass laws with regulatory authority to issue fines, and allow for clear enforcement of statute by multiple agencies with clear penalties and regulatory authorities. (AS 30.30.185 Penalties). Coordinate ADNR response through a single agency point person who is fully engaged on ADV issues around the state, including communications with owners to try and remedy long-term trespass concerns before vessels sink or are abandoned. (AS 30.30.210 Derelict Vessel Program) NOTES: Look at Alyeska Resort and Knik River Public Use Area for examples where DNR can issue tickets through a bail schedule. This has been very effective in pro-active management of these lands to promote safe use. ADNR is currently spending time and resources working on encumbrance issues with derelict vessels on state lands. An analogy for the current situation is this: if a car is illegally parked, instead of getting a ticket the enforcing agency would only be able to post a notice. Then wait thirty days, and send another notice. Then go to the Department of Law and ask them to take the owner to court to get any fines. This would be an unacceptably long, expensive and ineffective process for compliance on the road. It should also be unacceptable for vessels ve seen time after time. C.PROBLEM: Old vessels can be easily handed down when they become too costly to maintain, often landing with a person least able to responsibly dispose of it. PROPOSED SOLUTION: ownership (see more under Problem A). Require insurance for owning a vessel over a certain size, assuming that these vessels will be costlier in the event of abandonment. (AS 5.25.065 Insurance Required). Allow for the trial creation of a vessel turn in program through a Derelict Vessel Program. This is not proposed as a required effort, however the Task Force suggests allowing for this in statute in the event there are funds available. We see other states all moving in this direction, and saving money and time when vessels (generally smaller ones) are removed prior to their sinking/abandonment (AS 30.30.210 Derelict Vessel Program). 101 NOTES: Many harbors require insurance, but few require proof of insurance. Our working fishing vessels generally carry insurance already, as do many (if not all) boat owners who have sought financing for their vessel. See the notes at the end of this document on Marine The state of Washington requires marinas to require insurance if they want access to the derelict vessel removal fund (79.100.130, 88.26.030). In the event that a vessel sinks and is unrecoverable, consider including a penalty with money that would feed into the proposed Derelict Vessel Fund (AS 30.30.220). It would be important to ensure the amount of the penalty would be high enough to compare the cost against recovering a vessel if at all possible realistically right now, anything in over and over 40 years old), you must take steps to ensure the person to whom you sell the vessel is capable of owning and maintaining it. The statute clearly lines out the required steps. If they are not taken, and a vessel is subsequently abandoned by the new owner, of clean-up, disposal, etc. This is a very interesting provision in WA law, and very new as of summer 2016 they have not used it. It is something to consider in AK moving forward. D.PROBLEM: It is perceived as too costly/not possible to responsibly dispose of vessels in Alaska, especially larger vessels. PROPOSED SOLUTION: Allow for, in statute, the creation of a Voluntary Vessel Turn In Program (VTIP) for smaller vessels, limiting the availability to the road network, etc. Allow for the trial creation of a vessel turn in program through a Derelict Vessel Program. This is not proposed as a required effort, however the Task Force suggests allowing for this in statute in the event there are funds available. We see other states all moving in this direction, and saving money and time when vessels (generally smaller ones) are removed prior to their sinking/abandonment (AS 30.30.210 Derelict Vessel Program). NOTES: This question of what to do with old vessels is a huge piece of the puzzle any silver bullets, but do try to allow for some efforts through the proposed Derelict Vessel Program. Ideas include but are not limited to: 102 Create an online resource outlining how vessels can be disposed of around the state. This would be an excellent and pro-active effort for the proposed Derelict Vessel Program (AS 30.30.210 Derelict Vessel Program) Develop an understanding of shipbreaking operations in Alaska. Consider incentives to help this industry be part of the solution, while maintaining environmental protections. E.PROBLEM: There is no point person or agency to address ADV in Alaska, so both within and between agencies, individuals duplicate efforts and/or cannot pursue cases in a timely and cost effective manner. PROPOSED SOLUTION: Establish a Derelict Vessel Program with a point person at ADNR who: coordinates on ADV issues around the state with municipalities, other state agencies and federal agencies, and other states; communicates with the public in a pro-active manner on ADV and responsible vessel ownership/disposal; works to prevent ADV through pro- active enforcement of the regulations under revised statutes; etc. (AS 30.30.210 Derelict Vessel Program). NOTES: Timely response and a robust knowledge of the laws, stakeholders, jurisdictions and all possible avenues of action are all required to effectively deal with ADV in the most cost- effective way possible. With incidences ranging in cost from a few thousand dollars to well absence of a large pot of money having a dedicated program is integral to addressing the economic, environmental and safety concerns surrounding derelict vessels. F.PROBLEM: There is no money to deal with ADV around the state, even when the removal costs would be relatively inexpensive. PROPOSED SOLUTION: Establish an ADV Fund through statute that can receive funds through appropriations, sales, grants, taxes and fees (30.30.220 Derelict Vessel Program Fund) Raise the boat registration fee from $24 to $30 every three years (AS 05.25.096 Fees). This is still a very small amount, but the additional funds could be used to support a Derelict Vessel Program. Require insurance for owning a vessel over a certain size, assuming that these vessels will be costlier in the event of abandonment. (AS 5.25.065 Insurance Required). 103 NOTES: See the notes for Problem E for more on the need for a Derelict Vessel Program. Even a small amount of money that can help to cover a staff person within ADNR in charge of a Derelict Vessel Program will help the state to SAVE money. The proposed section AS 30.30.220 establishing a derelict vessel fund is very much a DRAFT. Our legal council was not sure about the best way to proceed on this front, and at this time the language here should be considered a starting point as a placeholder. G.PROBLEM: The impoundment process is convoluted in the current statute, including different PROPOSED SOLUTION: The proposed revisions s under the one umbrella term of derelict. We have worked to ensure that all impoundment and hearings processes are clear and in-line with state and federal maritime law (AS 30.30.010 Derelict Vessel Unlawful, 30.30.030 Derelict Vessel Declared, 30.30.040 Impoundment of derelict vessels, 30.30.060 Notice, 30.30.120 Pre- impoundment hearing, 30.30.125 Impoundment of derelict vessels posing imminent clear and present danger). H.PROBLEM: PROPOSED SOLUTION: The requirement for sending certified mail was preserved in the current revision. Our understanding is that requiring notice be sent certified return receipt does not require that it be received, but it does add another layer of protection for the entity providing notice. This is recommended especially surrounding vessels where federal maritime law is very protective of the due process rights surrounding the impoundment and disposal of vessels. The notice provision in 30.30 was revised to offices to ensure the best method is spelled out that both suites t needs and also meets all due process requirements without question (AS 30.30.060 Notice). I.PROBLEM: harbor by a state agency or municipality may not be stored on waters of the state for more than 14 appears to grant authority for potential long-term storage of vessels once hazardous materials have 104 been removed. This is not the case per ADNR law or policy, and the Task Force felt this provision was misleading as such. PROPOSED SOLUTION: The current proposed revision to AS 30.30 has removed this provision with the hope that its intention is preserved in the more robust addressing of derelict vessel prevention and enforcement/mitigation. J.PROBLEM: There has been confusion as to the liability of the owner of a derelict vessel. PROPOSED SOLUTION: The proposed revisions include all costs for impoundment, storage and other costs to clarify AS 30.30.040 Impoundment of derelict vessels). 105 - ±¨­¤ )­²´± ­¢¤ ΐΏΐ lj &«¤¤³ )­¥®±¬ ³¨®­ The below graph & basic points on vessel insurance were provided by Sarah Moore, ADEC and Task Force member in 2014. , vessels will have multiple policies typically/potentially from multiple companies covering different aspects of the vessel. 1)Hull Insurance covers repairs to physical damage to the hull rd 2)Protection & Indemnity (P&I) Club - covers wreck removal and 3 party claims 3)Pollution Insurance covers response to and mitigation of pollution a.FV typically $1mill b.Tugs and barges typically $5mill 4)Some vessels also have Excess Carrier Insurance by another company that are essentially supplemental coverage. It is a cheaper way to get lots of coverage but it must be added to primary insurance coverage and can cover multiple primary insurances (hull, P&I, pollution) __________________________________________________________ The following questions are pertinent to the discussion of potential insurance requirements for certain vessels in Alaska. The answers below are in no way comprehensive, and are a start to further investigations. What does vessel insurance cost per year? This is extremely variable. Factors include: type and location of fishery/business (if commercial), 106 What is required to obtain a marine insurance policy? From one insurance company we talked to (North Star Services), they indicated that they and o How many vessels are currently insured in Alaska? and the l Bay). According to the Purse Seine Vessel Owners Association (PSVOA, www.psvoa.org, per correspondence on October 29, 2014), What vessels are Due to our remote coastline, one could argue that almost ANY vessel wrecked or abandoned in Alaska could be very costly. But generally, the larger and older a vessel is the more of a risk it becomes to the public trust. In WA years old. An insurance agent we talked with suggested wood hulled vessels over 50 years old, however he noted that there are many larger wood hulled vessels in pristine condition! This research was done by Rachel (Task Force Facilitator), and is very basic. From a search of the 2015 vessels in the ADF&G CFEC public search, there were 9,827 fishing vessels with vessel permits in Alaska. (https://www.cfec.state.ak.us/plook/#downloads) in The table below summarizes some additional data from a 2013 update to the 2010 report from the North Pacific Fisheries Management Council. The largest overlap between fleets is 339 vessels that participate in both the Halibut IFQ fleet and the Sablefish fleet. The halibut charter fleet information was not updated from the 2010 report. The salmon fleet information is estimated from the 2015 ADF&G CFEC database. CƌĻĻƷ 5ĻƭĭƩźƦƷźƚƓ Number of vessels Vessel Lengths Primary Hailing Port(s) (there are some overlaps between fisheries) AFA Catcher Vessels 81 The majority are 90-Washington (Pollock, some cod) with ~20 vessels in the 60- vessels in the 125- category. The vast majority hail from WA 107 and OR. AFA Catcher Processor 17 Washington Fleet AFA Mothership Fleet 15 Most are 90- Washington Non-AFA Bering Sea 17 Most are 60-Washington, Kodiak, Trawlers followed by 90- Aleutian Amendment 80 Fleet 21 One vessel is in the 60-Washington (non-pollock Bering Sea category, the rest are flatfish, Atka mackeral 90 and Pacific ocean perch in the Aleutian Islands) Western GOA Trawlers 45 About half are in the 30-Washington, Aleutian fairly evenly divided among the 60-- - categories. Central GOA Trawlers 70 The majority of these Kodiak, Washington vessels are in the 60- category. Kodiak is the primary hailing port. Freezer Longliners 35 The majority are 90 Washington Halibut Longliners 991 Nearly 800 vessels in the Southeast AK, distantly fleet are in the 30-followed by category. Just under 200 Southcentral AK and Kodiak There are a few in the 60- Halibut CDQ Fleet 238 The majority of these All hail from Western vessels (150) are under Alaska ports. Sablefish Longline Fleet 382 Most of these vessels Southeast AK, (300)are between 30-Southcentral AK, WA - Groundfish Longline 80 Nearly all are in the 30-Southcentral AK, Catcher Vessels Kodiak Jig Fleet 244 Nearly all are in the 30-Southeast AK, Kodiak, Aleutian Groundfish Pot Vessels 130 The majority are within Kodiak, Aleutian the 30- lengths BSAI Crab Fleet 83 The majority are within Washington the 90- Scallop Fleet 4 Two in the 60-All Kodiak category and two in the 108 90- Charter Halibut Boats * 1,090 Wide variety, but most in the 22- category (6- packs) Salmon Drift Gillnetters 3775 30-. Bristol Bay is ** Salmon Purse Seiners ** 2171 state law Salmon Hand Trollers ** 3665 109 110 111 112 113 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING FUNDS FROM THE ALASKA STATE LIBRARY FOR THE PUBLIC LIBRARY ASSISTANCEGRANT IN THE AMOUNT OF $6,900.00AND APPROPRIATING FUNDS WHEREAS, in February 2016 the Alaska State Library sought applications for the Public Library AssistanceGrant; and REAS, the staff of the Seward Community Library & Museum submitted an WHE applicationfor $7000.00 with a match of $7000.00 from the Cityto purchasematerials and build the library collection for the benefit of the community in March 2016; and WHEREAS, the purpose of these funds isto purchase books, serial subscriptions, media and other material to build the library collection; and WHEREAS,the matched funds are already built into the library budget for the purchase of collection materials; and WHEREAS,in July 2016, the Alaska State Library awardedthe Public Library AssistanceGrant to the Seward Community Library Museumin theamount of $6,900.00with a City match of $7,000.00; and WHEREAS, library staff and city administration signed the grant agreement with the Alaska State Library in August 2016; and WHEREAS,atotal of $6900.00is to be appropriated and expended by June 30, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby authorizes the city manager to accept the Public Library Assistance Grant in the amount of $6,900.00from the Alaska State Library. Section 2. Funding in the amount of $6,900.00 is hereby appropriated from Alaska State Library Public Library Assistance Grant revenue account no. 01000-1500-4252-0001-00000to the library account number 01000-1500-7201-0001-00000. Section 3. This resolution shall take effect immediately. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November 2016. 114 THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 115 116 117 118 119 120 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE CITY MANAGER TO PURCHASE A 2017 FORD EXPLORER POLICE VEHICLEFROM CAL WORTHINGTON FORD FOR A PRICE OF $34,979UTILIZING THE STATEOF ALASKA’S COMPETITIVE PROCUREMENT PROCESS, AND TO PURCHASE ACCESSORIESAND EQUIPMENT FROM VARIOUS VENDORS FOR A TOTAL AMOUNT NOT TO EXCEED $46,000.00, AND APPROPRIATING FUNDS WHEREAS,the Police department seeks to replace the 2007Ford Crown Vic which was damaged in an accident and will be retired, making replacement necessary;and WHEREAS,the purchase of one new police vehicle per year is consistent with the policy of the City in order to keep the fleet in good mechanical, dependable condition;and WHEREAS, the Seward Police Department opted to forego the purchase of one new vehicle during 2016 due to the reduced funding of the Seward Community Jail; and WHEREAS, the last purchase of a police patrol vehicle was in 2013; and WHEREAS, the City has an opportunity to purchase a patrol vehicle under the same contract terms that were offered to the State of Alaska by Cal WorthingtonFord through a competitive bid processfor a 2017Ford Explorer Police Vehicle in the amount of $34,979.00; and WHEREAS,Alaska Safety, Inc. has equipped other patrol vehicles for the City with good customer service and has given an estimate of $5,605.00for the purchase and installation of new equipment as well as the reutilization of equipment fromthe 2007 patrol vehicle such as; light bar, gun rack, radio, radar gun etc.; and WHEREAS, the vehicle must be professionally equipped with police equipment including tires, and decal package in the amount of $1,572.96 from various vendors; and WHEREAS,the City Council has determined that the public interest would be best served by not requiring competitive bids and makes the following finding: 1.Seward City Code Section 6.10.120 B., provides that the city may utilize competitive bids obtained by other governmental units; and 2.Cal WorthingtonFord in Anchorage, Alaska has been awarded a contract to provide patrol vehicles for the State of Alaska and the City of Seward has an opportunity to purchase one patrol vehicle at a bid amount not to exceed $34,979.00. 121 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized topurchase one 2017Ford Explorer Police Vehicle and equipment in an amount not to exceed $46,000in accordance with SCC Section 6.10.120(B). Section 2.The Seward City Council hereby finds that it is in the public interest to waive the competitive procurement requirements in accordance with Seward City Code §6.10.120(B) according to the recitals above which are incorporated herein. Section 3. Funding for the new vehicle and accessories in the amount of $46,000, is hereby appropriated from the Motor Pool Fund reserves account no. 03000-0000-3400 to the equipment account no. 03000-1210-8103. Section 4. This resolution shall take effect immediately upon its adoption. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 122 AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 123 124 125 126 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THEEXPENDITURE OF NOT TO EXCEED $110,000 TO HAMILTON CONSTRUCTION LTD FOR THE PURPOSE OF EMERGENCY EROSION PROTECTION TO CITY’S WATERFRONT,AND APPROPRIATING MATCHING FUNDSIN THE AMOUNT OF $60,000 WHEREAS,a poorly armored section of the City waterfront was failing and undercutting theNational Historic Iditarod Trailbike path and threatening the Waterfront Community Playground and Evan Casey Skate Park; and WHEREAS,parts of the affected area are below the tide line and therefore require US Army Corps of Engineers’ authorization and approval before any work can be done; and WHEREAS,the permit requirement triggered the need for design and engineering services, and for an as-built survey after the project is completed for purposes of permit compliance; and WHEREAS, the City contracted with R&M Consultants to do the designand engineering work sufficient for the Corps permit, and has received the Corpspermitto do the work; and WHEREAS, this project was not budgeted in the City’s current two-year budget, and the City requested the Seward Bear Creek Flood Service Area Board’s financial assistance; and WHEREAS, at its October 24, 2016 meeting the City Council accepted $50,000 from the Kenai Peninsula Borough through the Flood Service Area via Resolution 2016-070 toward this project; and WHEREAS, the City desired to complete the work before winter storms further destabilized the area, requested quotes from area contractors, and received two proposals on October 26, 2016; and WHEREAS,the lowest quote, from Hamilton Construction Ltd, offered substantial savings to the City but only for a very narrow window coinciding with the availability of equipment, material and workforce in conjunction with the City’s other two rock production and placement projects (Snow River Transmission Line and SMIC breakwater); and WHEREAS, any delay increases the likelihood of further damage from winter storms and wave action,including extreme tides and storm surge potential November 13-15, increasing costs and adding risk to the upland infrastructure; and 127 WHEREAS,the next regular City Council meeting is November 21, 2016, and a special meeting could not be noticed andheld within the time frame available for the work at the quoted price; and WHEREAS, in order to take advantage ofthissavings opportunity the City Manager authorized thewaiver of competitive procurement procedures as an emergency (SCC 6.10.120.A.2), and for when the public interest would best be served by not requiring competitive bids/proposals (SCC 6.1.130); and WHEREAS, it was in the best interests of the City to have this work completed on an expedited basis to take advantage of the lower cost through timing and availability of labor; and WHEREAS, the work was completed on October 29, 2016, and accepted on October 31, 2016; and WHEREAS, the total amount of this project, including the Borough/Flood Service Area award, exceeds the $50,000 Incidental Minor Purchase authority of the City Manager, and is defined as a Major Purchase, the administration requests that Council approve this expenditure retroactively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The expenditure of not to exceed one hundred ten thousand dollars ($110,000), including $50,000 received from the Kenai Peninsula Borough, for the purpose of completing the waterfront erosion mitigation project to permit specifications,is hereby authorized. Section 2. The City Council hereby finds that the public interest was best served by expediting this project to take advantage of lower costs contingent on the immediate availability of labor and materials from the lowest-bidding contractor, in accordance with Seward City Code §6.10.120.A(2), and authorizes the use of competitive quotes rather than fully advertised bids, in accordance with the recitals above which are incorporated herein. Section 3.Funding in the amount of $50,000 was previously appropriated by KPB Grant Fund no. 30071-0000-7009; an additional $60,000 is hereby appropriated from the General Fund unassigned net assets account no. 01000-0000-3710-30070 to Erosion Fund contracted services account no. 30070-0000-7009.. Section 4.This resolution shall take effect immediately. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of 128 November, 2016. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A SOLE SOURCE CONTRACT WITH STURGEON ELECTRIC FORA JOINT COMMUNICATIONS PROJECT WITH TELALASKA COMMUNICATIONS TO BORE UNDER SNOW RIVER FOR AN AMOUNT NOT TO EXCEED $89,951.40, AND APPROPRIATING FUNDS WHEREAS,the transmission line to the Seward area is a radial feed; and WHEREAS,the transmission line at approximately mile 17.75, crossing Snow River and constructed parallel to the Seward Highway, has two three-pole structures that cannot hold underbuild distribution nor communication lines; and WHEREAS, constructing a distribution line under Snow River would give the electric department an alternative feed South from the Lawing Substation; and WHEREAS,TelAlaska (TelAk) has already contracted Sturgeon Electric to bore under Snow River and have invited the electric department to join in the project; and WHEREAS, the electric department will achieve cost efficiencies by joining TelAk rather than independently contractingfor the work; and WHEREAS,all the required permits are already in place from TelAk and the electric department could add amendments to any permits requiring changes for less cost than filing the permits independently; and WHEREAS,the funds for this project will come from the electric department’s major repair and replacement fund (MRRF); and WHEREAS, Seward City Code section 6.10.130allows for exemptions from competitive procurement stating, “Restrictions and provisions of this title shall not apply where the city council determines and makes written findings that the public interest would be best served by not requiring competitive bids/proposals. The best interest determination may be based upon, but is not limited to, a finding that the services or articles can be procured at a lower cost without competitive bidding.”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THAT: Section 1.The City Council finds that it is in the public interest to sole source to Sturgeon Electric for the construction of boring and trenching to crossSnow River underground with electric distribution conductors based on the recitals above which are incorporated herein. 144 Section 2.The City Manager is hereby authorized to enter into a sole source agreement with Sturgeon Electricto perform the construction of trenching and boring to cross under Snow River within the utility easement. Section 3. Funding in an amount not to exceed $89,951.40 is hereby appropriated from the Electric MRRF Fund reserves account no. 15001-0000-3400 to contracted services account no. 15001-0000-7009. Section 4. This resolution shall take effect immediately. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 145 146 147 John Foutz Electric Utility Manager City of Seward Alaska Office: (907) 224-4071 Job Title: Snow River Bore Scope of Work: Scope of work detail: o o o o o Exclusions: Submittals: Project Closeout: Page 1 148 Project Warranties: Safety Requirements: Material Delivery Project Start up: Sturgeon Electric Inc. PH : ( 907 ) 529-4673 FAX : ( 907 ) 522 -2068 * 1301 E 64th Street Anchorage, AK 99518 Page 2 tğŭĻ Ћ 149 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE PURCHASE AGREEMENT WITH ALASKAPUMP & SUPPLY, INC.TO REPLACE#1LIFT STATION PUMP, FOR ANAMOUNT NOT TO EXCEED $32,918.00, AND APPROPRIATING FUNDS WHEREAS,the current pump at Lift Station No. 1 isnot operational andun-salvageable due to age, and availability of parts; and WHEREAS, the sole FLYGT pump distributor and repair center in Alaska is Alaska Pump & Supply; and WHEREAS, Alaska Pump & Supply has bid $32,918.00 for the replacement of the pump which is primary and essential to services to the harbor and surrounding areas, in order to continue to provide sanitary services to the public; and WHEREAS,Seward City Code 6.10.120(b) allows the City to utilizea specific product if that product is only available from a single vendor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1.The Seward City Council hereby finds that it is in the public interest to sole source the purchase of a replacement pump at Lift Station No. 1 to Alaska Pump & Supply, Inc. based on the recitals above which are incorporated herein Section 2. The City Manager is authorized toapprove thepurchase a new #1Lift Station Pump for an amount not to exceed $32,918.00. Section 3.Funding in the amount of $32,918.00 is hereby appropriated from the Wastewater Enterprise Fund reserves account no. 18000-0000-3400 to the equipment account no. 18000-4500- 8101. Section 4. . This resolution shall take effect immediately upon adoption. st PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of November, 2016. 150 THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 151 152 153 154 City of Seward, AlaskaCity Council Minutes September 26, 2016 Volume 40, Page CALL TO ORDER The September 26, 2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Corporal Patrick Messmerled the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda *Arrived at 7:05 p.m. Deborah Altermatt Dale Butts Sue McClure comprising a quorum of the Council; and Eddie Athey, Fire Chief Brenda Ballou,Acting City Clerk Absent – Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bob Valdattahad lived on the alleyside of528 Fifth Avenue for 35 years. There was a continual problem with thatalley and pooling water. The alley desperately needed to be graded, or even upgradedto better material. Pedestrians and AVTEC students had a difficult time walking through that alleyway. Also, the road to Lowell Point was in rough shape too. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/McClure) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-059, Officially Correcting The Misspelling Of The Right Of Way Currently Known As Chamberlain RoadTo Chamberlin Road Located On The West Side Of The Seward Lagoon. Resolution 2016-060, Authorizing A 90-Day Extension To The Lease With The U.S. 155 City of Seward, AlaskaCity Council Minutes September 26, 2016 Volume 40, Page Department Of Army For Lot 9A, Fort Raymond Subdivision Replat No. 1 (U.S. Army Rec Camp). Appoint Colby Lawrence to the Port And Commerce Advisory Board (PACAB). SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards – None Chamber of Commerce Report. Cindy Clockthanked all the candidates for coming to the Meet The Candidates Night, and she encouraged everyone to come out and vote. She said reports indicated that 2016 has been a banner year for tourism. Year to date,there had been over 15,000 visitors stop by the chamber to get information. Nearly every one of the 90,000 Seward Destination Guides had been distributed. On October 7, 2016,Cliff Cochranfrom the Small Business Development Center would speak at the chamber luncheon.Kris Harris, Shelly Shank and Cindy Clock were going to the Alaska Travel Industry Association (ATIA) conference in Anchorage the first week in October. The chamber’sdraft marketing budget would come to council inOctoberfor review. The Seward Energy Forum & Fair would be held for two days in mid-Octoberat AVTEC. There would be a new science contest added, and they wouldonce again have the art contest. Clock thanked Harbormaster Norm Regis, his staff,and the Electric UtilitiesDepartment for installing five new electric pedestalsatthe Seward Marine Industrial Center (SMIC). Seward was currently vying for a school superintendent conference next fall, and Clock was working hard to get the conference which would bring about 100 visitors.In 2018,there would be a big Rotary International Conference in the spring the weekend after Mother’s Day, bringing about 220 attendees. In response toCasagranda, Clock recitedthe names of the chamber’s board. There were three seats open on the board this fall, and Clock encouraged people to put in. Borough Assembly Report. Brandii Holmdahlthe assembly had two assembly meetings since her last report. She participated in one telephonically; the Seward Bear Creek Flood Service Area Board (SBCFSAB)made a $30,000 appropriation to address sediment management on the forest road bridge over Lost Creek. The invocation procedures at the assembly remainedunchanged. Last Tuesday the assembly meeting was held in Homer. One ordinance on that agenda was the mayor’s proposal to reduce the Planning Commission; that was reconsidered and would be addressed again at the next meeting. The other itemwas adopting the most recent FEMA flood insurance study, and that was approved. In response to Butts, there was no reason provided for the reconsideration, and itwas not required. City Manager Report.Fire Chief Eddie Atheysaid there had been no purchase orders made by the City Manager between $10,000 and $50,000 since the last meeting. Keil said she had spoken with both City Manager Jim Hunt and Assistant City Manager Ron Long about the AVTECgym, and they said administrationwas currently waiting for a response from AVTEC. Bardarson added that travel schedules on both sides were delaying negotiations. 156 City of Seward, AlaskaCity Council Minutes September 26, 2016 Volume 40, Page McClure called attention to areferencein the City Manager Report aboutthe Waterfront Park beach erosion issue; she had not noticed any work being done. In response toCasagranda, Bardarson and Keil said the city manager was at the International City Manager Association Conference and the Assistant City Manager was at a harbor training in Portland, Maine. Casagranda expressed her concern that there was not at least one member of the management team present. Other Reports, Announcements and Presentations Student Exchange Presentation from Obihiro, Japan by Students Meghan Mullaly and Megan Koster. Kenai Peninsula Borough Ballot Propositions Presentation by Borough Mayor Mike Navarre and Larry Persily. PUBLIC HEARINGS Ordinance 2016-007, Approving The Removal Of The Word Small From The Phrases Seward Small Boat Harbor Or Small Boat Harbor Within The Seward City Code Title 7 Chapter 7.10. Harbor And Port Facilities. Motion (Keil/Casagranda) Enact Ordinance 2016-007 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. McClure reiterated for the public that this ordinance had been thoroughly explained at the last meeting, and it was very straightforward. Motion Passed Unanimous Resolution 2016-058, Approving The Removal Of The Word Small From The Phrases Seward Small Boat Harbor Or Small Boat Harbor Within The 2016 Harbor Tariff. Motion (Keil/Casagranda) Approve Resolution 2016-058 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS – None NEW BUSINESS 157 City of Seward, AlaskaCity Council Minutes September 26, 2016 Volume 40, Page Ordinances For Introduction Ordinance 2016-008, Amending And Revising Title 10, Public Peace, Morals And Welfare, To Conform With Modern Practice And Law. Motion (Keil/Casagranda) Introduce Ordinance 2016-008 Athey said Police Chief Tom Clemons and City Attorney Will Earnhart had been working together to update thislanguage. Casagranda did not support the introduction of this ordinance because shehad questionsfor administration and the City Attorney. Motion Passed Yes: Keil, Altermatt, McClure, Butts, Bardarson No: Casagranda Other New Business Items Schedule a work session to discuss the AVTEC gym/contract. (Casagranda)Casagranda wanted to ask for a work session to enable the public to have an input opportunity. The public wanted to be heardand she wanted to insure they had ample opportunity. Bardarsonsaid administrationsent a proposal to AVTEC on September 13, 2016 and AVTEC was due to respond on September23, 2016 but it hadn’t been received yet. Bardarson, like Casagranda, said she also expected to see a contract tonight from administration. By Unanimous Consent, council agreed to postpone this item to the October 10, 2016 agenda. Schedule a work session to discuss the evaluation forms, procedures, and policies for the City Attorney, City Manager, and City Clerk.Altermatt was concerned about the absence of administration andsuggested this be a discussion item in the future. By Unanimous Consent, council agreed to postpone this item to the October 10, 2016 agenda. INFORMATIONAL ITEMS AND REPORTS July 2016 Financials for Providence Seward Medical Center. COUNCIL COMMENTS Casagrandasaid the Seward Music & Arts Festival was phenomenal. She appreciated the dedicated core group of volunteers who put in many, many hours to make that happen. She wished everyone a happy equinox. Buttscongratulated awardees Austin Chapmanfor State Firefighter Of The Year, Jillian ChapmanforDell MoffettAward, and Eddie Atheyforthe Ken AkerleyLeadership Award. As well, Wendy Bryden from Moose Passwon the fastest time in full gear competition. 158 City of Seward, AlaskaCity Council Minutes September 26, 2016 Volume 40, Page Altermattthanked Colby Lawrence for joining the Port and Commerce Advisory Board (PACAB). She noted the “No Wake” signs had been installed at the harbor and people seemed to be adhering. She had recently spoken with Charles McEldowney at IcicleFisheries about the new ownership of the company by the Cook familywhowere from New Brunswick. The new owners wereexcited about their new endeavor, but were alsoconcerned about employee housing availability. McCluresaid Sunday there would be the annual dessert extravaganza by the Episcopal Church held at the library. In reading the Parks and Recreation Department report, McClure noted that they were applying for grants to replace theinterpretive signs along the bike path. Keilattended the Jujiro Wada statue unveiling and there had been alarge contingency from Japan in attendance. She had attended the Planning and Zoning Commission’swork session about 30’ x 100’ lots. The Seward Music & Arts Festival was a great success. Keil thanked Colby Lawrence for stepping forward on PACAB, and she congratulated the Fire Department on all their awards. Bardarsoncongratulated the Fire Department and its volunteers. She also had attended the Jujiro Wada statue unveiling and said the children did a great jobsinging. There were approximately 15 delegates from Japanin attendance. Gail Phillips from Senator Lisa Murkowski’s office had contacted Bardarson and requested her public endorsement;Bardarson would endorse Murkowski privately, and not as the mayor.Bardarson thanked all the community volunteers for all the work they did throughout the year. Keiladded, in response toBob Valdatta’s comments, the concerns about the alleywaywould be passed along to the city’s new Public Works Director. CITIZEN COMMENTS– None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENCOMMENTS– None ADJOURNMENT The meeting was adjourned at 8:20 p.m. ____________________________________ ____________________________________ Brenda Ballou, CMC Jean Bardarson Acting City Clerk Mayor (City Seal) 159 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page CALL TO ORDER The October 10, 2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY FireChief Eddie Athey led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Deborah Altermatt Dale Butts Sue McClure Dave Squires comprising a quorum of the Council; and Jim Hunt, City Manager Brenda Ballou,Acting City Clerk Will Earnhart, City Attorney Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda McClure placed Resolution 2016-055 on the consent agenda. Bardarson added an item to Other New Business to discuss scheduling a special meeting for the organization of council. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-055, Approving The Removal Of The Word Small From The Phrases Seward Small Boat Harbor Or Small Boat Harbor Within The Seward Small Boat Harbor Plan. Postponed from the September 12, 2016 meeting. 160 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page Approval of the September 12, 2016 City Council Meeting Minutes and the September 16, 2016 City Council Special Meeting Minutes. Certification of the October 4, 2016 Municipal Election. THREE (3) CITY COUNCIL SEATS AVAILABLE (TWO-YEAR TERMS) Election Day VotesAfter Canvass VotesTotal Votes Ristine Casagranda16939208 Suzanne Towsley15925184 John D. Hull, Jr.44650 Dale R. Butts16833201 Erik R. Slater16541206 Marianna Keil16142203 Write-Ins606 SEWARD PROPOSITION NO.1 GENERAL OBLIGATION BONDS FOR SEWARD ROAD IMPROVEMENTS Shall the City of Seward incur debt and issue general obligation bonds in an amount not to exceed three million dollars ($3,000,000) to finance the planning, design and construction of road improvements in the City? The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected that annual payments of principal and interest on the Bonds will be Two Hundred Thirty Thousand dollars ($230,000), or a 0.72 increase in the mill rate (from 3.12 mills to 3.84 mills, equal to an increase of $72 per $100,000 in property value) or the approximate equivalent of a one-fifth of one percent (0.005) sales tax (from 4.0% to 4.2%). Election Day VotesCanvass VotesTotal Votes YES24057297 NO9018108 SUMMARY A total of333people voted at this election. There were65absentee in-person and by-mail ballots. There were3special needs ballots. There were9questioned ballots. Therefore,410voters turned out. SPECIALORDERS, PRESENTATIONS AND REPORTS 161 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page Proclamations & Awards – None City Manager’s Report. Jim Huntthere were no purchase orders between $10,000 and $50,000 approved by the City Manager since the last meeting. Hunt had attended the International City Manager Association Conference, and AssistantCity Manager Ron Long attended the International Association of Maritime and Port Executives training. Long received the designation of Certified Marine Port Executive. The City Hall asbestos abatement and carpet replacementprojectwasmoving alongwithJackie Wilde acting as the in-house project manager. On October 25 and 26, 2016 there would be acharrette withthe U.S. Army Corps of Engineersregarding the Lowell Canyon Diversion Tunnel. Responding to citizen complaints, Hunt was working on some nuisance issues in town. In response to McClure,Assistant City Manager Ron Longsaid the Waterfront Park erosion abatement project was gearing up. Long said there was a stockpiling of rock and the engineers were considering using two rock sizes; the city wasawaiting sign off from the engineers for substituting two classes of rock. Hunt provided an update on the U.S. Air Force Recreation Camp, saying administration was negotiating an acceptable exit strategy.Hunt then distributed laydown photos provided by the Electric Department showing bird diverters being installed on Nash Roadand Preacher’s Pond. Long provided an update on the AVTECgym contract. He had received a response from AVTEC and thought their proposal had the bones for makinga good foundation for an agreement. In response to Casagranda, Long said he had sent two requests for informationregarding the Jesse Lee Home, and had receivedno response. Long said the next step would be to check on the status of theirlicenses and permits to see if they were being kept current. The Friends of the Jesse Lee Home were in good standing this year, but the renewals for 2017 would be happening soonso it was something to watch. In response to Butts,Electric Utility Manager John Foutzsaid he had submitted a contract to the contractor last Fridayregarding the Snow River Repair Project, which would come back to council for approval. All permits the city was responsible for obtaining completed and in place. The contractor’s permits for lane closure and Stormwater Pollution Prevention Plan(SWPPP) had been filed.The contractor was proactive and should beready to start in two weeks, and the project should take two weeks to complete. In response to Butts, Foutz said there werescenarios already considered within this contract for weather conditions, ice dam release, etc. McClure noticed that Two Lakes Park was nowclosing at 6:00 p.m.and wondered how that came about.Hunt said it wasin response to public request to limit late night hours and mitigate alcohol consumption on site. Bardarson pointed out some confusing data reported on the Parks and Recreation Department’s report where varying revenues were reported. Hunt said he would get clarification. 162 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page In response to Butts, Long said the Requests For Proposals for the road repairs would go out in February, 2017. City Attorney’s Report, Will Earnhartsaid Orion had requested a reconsideration from the court; that was anticipated to be denied.His firm helped with the Snow River construction contract. In Januaryor February, 2017 theBradley Lake agreements would be coming up for review. Earnhart was pleased to be here for the borough’s dispatch consolidation work session,and hadconcern that Seward’s potential exposure to liabilities be thoroughly vetted. Squires was concerned about the cameras the city received through grants,and what the impact would be if they were no longer monitored through the Seward dispatch. Earnhart said he would have toreview the grant requirements. Further, Earnhart had concerns about monitoring the jail remotely because once the city took someone into custody, liabilities attached. In response to Casagranda on what the options for the Friends of the Jesse Lee Homewere, Long said the contract was performance-based withina certain timeline, and said it was important to consider how quickly the city wanted to act on taking back a property that was a liability. Long added thatsome of the state funds had already been suspendeduntil or unless they came into compliance.Councildirected administration to review the contract and provide council with a status, consideringthe performanceof the Friends of the Jesse Lee Home specifically as it related to abatement, utilities, and security and in relation to timeframe. Other Reports, Announcements and Presentations Quarterly Report from the Seward Planning and Zoning Commission. PUBLIC HEARINGS Ordinance 2016-008, Amending And Revising Title 10, Public Peace, Morals And Welfare, To Conform With Modern Practice And Law. Motion (Keil/Casagranda) Enact Ordinance 2016-008 Earnhart said this title had beenout of datefor some time, and he had worked with Police Chief Tom Clemons to reviewand update it. Some of the provisions contained in Title 10 were already covered in Title 9, and others were already covered under state or federal statute,soin both cases there was no need to duplicate it. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Butts asked regardingloitering on school grounds, which wasa portion of the code left intact, Earnhart said there was no state statute forloitering in general, except if on school grounds. This would be up to the city to enforce, and was an arrestable offense. Police Chief Tom Clemonssaid the Seward Police Department would respond to a school complaint; the perpetratorwould be requested to leave, then trespassed, then arrested on a state charge of trespassing. 163 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page Motion to Amend (Altermatt/Keil) Amend Ordinance 2016-008 by deleting Section 10.10.020. Motion to Amend Passed Unanimous Main Motion Passed Unanimous UNFINISHED BUSINESS Schedule a work session to discuss the AVTEC gym/contract. (Casagranda) Postponed from the September 26, 2016 meeting.Council decided to cancel this item. Schedule a work session to discuss the evaluation forms, procedures, and policies for the City Attorney, City Manager, and City Clerk.Postponed from the September 26, 2016 meeting. Council suspended this discussion to later in the agenda. NEW BUSINESS Resolution 2016-061, Authorizing The City Manager To Sign The Automatic Aid Agreement And Operational Plan Between The City Of Seward Fire Department And The Bear Creek Fire And Emergency Services Area. Motion (Keil/Casagranda) Approve Resolution 2016-061 Athey said the borough had requested council postpone approving this resolution and the next one in order to allow their attorneys an opportunity to review them. Motion to Postpone (Keil/Casagranda) Postpone Resolution 2016-061 to the October 24, 2016 agenda. Motion to Postpone Passed Unanimous , Authorizing The City Manager To Sign The Mutual Aid Agreement And Resolution 2016-062 Operational Plan Between The City Of Seward Fire Department And The Bear Creek Fire And Emergency Services Area. Motion (Keil/Casagranda) Approve Resolution 2016-062 Motion to Postpone (Keil/Casagranda) Postpone Resolution 2016-062 to the October 24, 2016 agenda. Motion to Postpone Passed Unanimous Other New Business Items 164 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page Discusscanceling the November 14 and 28, 2016 City Council meetings, and scheduling a City Council meetingfor November 21, 2016. Motion (Keil/Casagranda) Cancel the November 14 and 28, 2016 City Council meetings, and schedule a City Council meeting on November 21, 2016. Motion Passed Unanimous Discuss scheduling aspecial meeting for the organization of council.After some discussion, council decided they did not need to schedule a special meeting. Schedule a work session to discuss the evaluation forms, procedures, and policies for the City Attorney, City Manager, and City Clerk.Postponed from the September 26, 2016 meeting. Council scheduled a work session on November 21, 2016 at 5:30 p.m. INFORMATIONAL ITEMS AND REPORTS Quarterly Report from the Seward Planning and Zoning Commission. COUNCIL COMMENTS Casagrandaannounced that she would miss the next council meeting. She congratulated the Seward High School football team for winningthe conferencechampionships, and for demonstrating great sportsmanship. She congratulated everyone who ran for this election; she felt everyone was a winner. Buttssaidthe football team didgreat. He said Saturday, October 15, 2016 there would be an Open House at 11:00 a.m.at the Seward Fire Department.Butts thanked council for having him; he said it had been fun and a great learning experience. Altermattsaid she would miss Council Member Butts. She congratulated Casagranda, Keil and Slater. In reference to a letter distributed recently from a recreational boater, there were “No Wake” signsinstalledin the harbor and they looked great. Altermatt announced she would be absent for the next meeting. Bardarson thanked Butts forhis contributions to council. She congratulated Keil and Casagranda, and welcomed Slater. Bardarson welcomed Maddi McGraw as a new employee at the museum, and thanked the Resurrection Bay Historical Society (RBHS)for having the museum open on Sundays this summer.She congratulated the high schoolfootball and cross country teams. Bardarson gave a big congratulation to the three state firefighteraward winners from Seward. Bardarson announced she would be absent for the next meeting.Bardarson mentioned that she had received a flyer about eliminating single-use plastic bags, and said council could consider it. Keilsaid this election showed that every vote counted. She thanked Butts for his warm and generous spirit. Keil was looking forward to remaining on council for the next two years. 165 City of Seward, AlaskaCity Council Minutes October 10, 2016 Volume 40, Page Squireswould miss Council Member Butts. He congratulated Casagranda and Keil, and welcomed Slater as a new team member. He challenged the community to improve the election turnout. Squires congratulated Austin Chapman for State Firefighterof the Year,Jillian Chapman for Del Moffitt Award, and Fire Chief Eddie Athey for Ken Ackerly Award. Squires wished council would set their own project goals for 2017in order to keep themselves on track for accomplishing projects. McClurewould miss Butts. She congratulated theelection winners and everyone who ran. McClure complimented the City Manager for his responsiveness on certain issues, like the bird diverters and Two Lakes Park.She announced there would be aBorough Assembly meeting tomorrow. Huntsaid Fire Engine #3 was sent out to be donated to Esther, Alaska. Bardarsonasked Squires to compile a project list and send it to the clerk. CITIZEN COMMENTS Kelly Lane was happy to back in Seward. COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None ADJOURNMENT The meeting was adjourned at 8:31 p.m. ____________________________________ ____________________________________ Brenda Ballou, CMC Jean Bardarson Acting CityClerk Mayor (City Seal) 166 City of Seward, AlaskaCity Council Special Meeting Minutes October 24, 2016 Volume 40, Page CALL TO ORDER The October 24, 2016 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Council Member Marianna Keilled the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding, and Marianna Keil Dave Squires Dale ButtsSue McClure comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent – Casagranda, Altermatt CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/McClure) Approval of Agenda and Consent Agenda Motion Passed Unanimous SPECIALORDERS, PRESENTATIONS AND REPORTS–None PUBLIC HEARINGS–None UNFINISHED BUSINESS – None NEW BUSINESS Resolution 2016-071, Authorizing A Facility Use Agreement With Alaska’s Institute Of Technology (AVTEC), Providing Access For Public Recreation At AVTEC’s Student Service Center. 167 City of Seward, AlaskaCity Council Special Meeting Minutes October 24, 2016 Volume 40, Page Motion (Keil/McClure) Approve Resolution 2016-071 Assistant City Manager Ron Longsaid administration heard loud and clear from the public that they wanted to regain use of the AVTEC gym. Before council tonight was anagreement, andnot a schedule of services. Some of the differences betweenthis agreement andpast ones werethat custodial services werenot included, and also this new agreement was based on a per diem fee so the city would pay for services as they needed and as demand fluctuated. The net result of this agreement would be that it resulted in providing gym time five days a week over a nine month period, andthree days a week for the remaining three months. In response toBardarson, Long said the sauna would be available on a more limited basis because it had a very largeutility demand. In response toButts, Long said he felt this was a fair and balanced agreement. Buttsposed the same questions to Parks and Recreation Director Karin Sturdy who said she also felt that this agreement was fair and balanced. In response toMcClure, Sturdy said the public would be able toregain access in as little as one week’s time. In response to Squires, Long said thecitywould have to pay for the office space on site if the gym wasoccupied for less than10 days each month. AVTEC students andstaff would continue to sign in as such, and those numbers were differentiated and tracked apart from regular users. Squires requested that Sturdy provide reliable and accurate usage numbers. In response toKeil, Sturdy said the public had never had a seven day per week schedule, at least during her tenure. Sturdy added that Sundays in particular were reservedas AVTEC-only days. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS – None COUNCIL COMMENTS Butts said he was pleased that this agreement got done, even though it took a while. Keil thanked Butts for his service on council. Squires thanked administrationfor getting this agreement done, and the public for speaking out about it. McClure said it grieved her that this had become such a problem before it was dealt with. Even through the angst, this agreement looked good to her and she was hopeful that the public would use the gym to its fullest. 168 City of Seward, AlaskaCity Council Special Meeting Minutes October 24, 2016 Volume 40, Page Bardarson thanked the public for coming out and letting council know their wishes. She thanked administration for pulling this together. CITIZEN COMMENTS Willard Dunham, speaking on behalf of the State Advisory Board for AVTEC, saidhe was pleased to see this agreement come together. It was his understanding that this may result in an even better arrangement than what was in place previously. Andy Wilderwas wondering where he could find a copy of the agreement to view. Bardarson said it was available on the city website. Helen Mathiassaid she thought tonight’s meeting was at the library. She was concerned that the Senior Center didn’t have seat liners in the restrooms and asked council to please do something about it. COUNCIL ANDADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bardarson offered to have the agreement sent to Andy Wilder directly. In response to McClure, Long said this was anagreement, not a schedules of uses. Long said administration intended to identify demonstrated usage patterns and wouldadapt the schedule accordingly. In six months when this agreement was reviewed again, administrationwould assess the budget requirements and use experience. McClure said she would ask the Senior Center tomorrow if they could accommodate Helen Mathias’ request. ADJOURNMENT The meeting was adjourned at 6:22 p.m. ____________________________________ ____________________________________ Johanna Kinney, CMC Marianna Keil City Clerk Vice Mayor (City Seal) 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 194 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 SEWARD COMMUNITY HEALTH CENTER Board of Directors to Seward City Council October 27, 2016 Recommendation Topic: Three-Year Review of Section 3.4 of Co-Applicant Agreement Recommended By: SCHC Board of Directors Recommendation: At its regular monthly meeting held on October 27, 2016, the Board of Directors of Seward Community Health Center unanimously voted to recommend to the Seward City Council that Section 3.4 of the Co- Applicant Agreement allowing that employees of the Health Center be City employees be extended without further amendment for an additional three-year period ending February 20, 2020. Discussion: The current Co-Applicant Agreement between Seward Community Health Center, Inc. (the Governing Board) and the City of Seward, entered into for purposes of mutually establishing and operating a federally qualified health center, became effective on February 20, 2014. Section 3.4 of the Agreement states that it is mutually beneficial that the employees of the Health Center be deemed employees of the City for a limited period of time. This section also states that this arrangement shall be reconsidered by the parties no later than three years from the effective date of the Agreement, or February 20, 2017. Section 3.4 is further developed into a number of subsections that address more specific topics related to this arrangement. The Coordinating Committee held its regular quarterly meeting on October 14, 2016. Committee members felt the arrangement has been working well with no problems or issues experienced by either party. Under this arrangement, the Health Center independently administers all aspects of its personnel program without City support and at its own cost. Health Center employees participate in the City Health Plan at Health Center cost. The representatives from the City requested that the Governing Board act on this reconsideration first and bring its recommendation to the City Council at its meeting scheduled for November 21, 2016. Accordingly, the Board of Directors discussed the current arrangement at its meeting held on October 27, 2016. The arrangement continues to be mutually beneficial. The Health Center is able to provide good health insurance to its employees at a reasonable cost and the City benefits by having more people covered by its plan, resulting in lower premiums for the entire group. All Board members and administrative representatives present concluded that no changes or amendments to the terms set forth in Section 3.4 were required. Therefore, those Directors present unanimously voted to recommend to the City Council that the employment arrangement referenced in Section 3.4 be extended for an additional three-year period, and that no other amendments to Section 3.4 and its associated subsections were needed at this time. The Board presumes that the parties should reconsider this arrangement again no later than February 20, 2020. 227 228 229 CityofSeward,Alaska GrantAwards 2013Grants$27,551,440 2014Grants$20,980,939 2015Grants$18,320,212 Threeyeartotalgrantawards:$66,852,591 2013 GrantAwardAmount Road/LeveeConstruction$1,750,000 Security/FirePreventionforCPV's2,000,000 CommunityLibrary4,700,000 WaterStorageTank1,992,000 FishingFleetRelocationStudy400,000 CruiseShipBoardwalkExtension25,000 HarborRestroomRennovations130,000 MarineIndustrialCenterExpansion10,000,000 DFloatReplacement20,000 DairyHillDrainageUpgrade87,496 December09StormSurge441,181 October06Storm/Flood182,124 November2011Windstorm16,793 September2012Flood100,489 October2013Flood/Storm29,376 JesseLeeHomeRehabPhaseII1,000,000 WastewaterRecyclingFacility710,381 PublicLibraryAssistance6,600 PowerPlantIntegration3,960,000 Total2013GrantAwards:$27,551,440 2014 FederalVolunteerFireAssistance$9,455 AlaskaOWLProjectAide6,160 HarborNavigationProjects11,386,763 HarborSewagePumpOutStation39,576 HarborFishCleaningStation579,000 HistoricPreservationPlanRevision11,052 BulletProofVestProgram1,282 AKDUISafety1,982 ContinuingEducationProgram2,000 CHCHRSAGrant1,039,750 AssistancetoFirefighters94,286 ASFPMConference5,000 September2012Flood(FEMA)390,187 October2013Flood(FEMA)121,336 230 StateHomelandSecurityProgram48,336 MarineIndustrialCenterExpansion5,900,000 $19,636,165 DairyHillMitigation175,967 State 2014FireIncidentinSoldotna18,921 DFloatReplacement1,143,286 PublicLibraryAssistance6,600 $1,344,774 TotalFederal$19,636,165 TotalState$1,344,774 Total2014GrantAwards:$20,980,939 2015 Federal VolunteerFireAssistance$6,170 HistoricPreservationFund646 State&CommunityHighwaySafety 780 ContinuingEducationProgram1,500 CHCHRSAGrant1,021,595 StateHomelandSecurityProgram(2011)16,423 StateHomelandSecurityProgram(2014) 65,462 LowellPointLagoonSludgeRemoval707,447 $1,820,023 State MarineIndustiralCenterExpansion$10,000,000 LowellPointLagoonSludgeRemoval1,300,000 B,C,SDockReplacement2,684,000 PublicLibraryAssistance6,650 EarlyLiteracyPlaceSpaceMiniGrant1,539 NorthSewardWaterStorageTank2,508,000 $16,500,189 TotalFederal$1,820,023 $16,500,189 TotalState Total2015GrantAwards:$18,320,212 231 November 2016December 2016 SuMoTuWeThFrSaSuMoTuWeThFrSa November 2016 12345123 678910111245678910 1314151617181911121314151617 2021222324252618192021222324 2728293025262728293031 SunMonTueWedThuFriSat Oct 3031Nov 12345 7:00pm 10:30p12:00pm 2:00p7:00pm 10:30p m P&Z Mtg m PACAB m HP WS (City Annex Mtg (Library (Library Building)Upstairs)Room 205) Oct 30 - Nov 5 6789101112 6:30pm 10:30p Veteran's Day (O m HP Mtg & WS (Council Chambers) Nov 6 - 12 13141516171819 6:00pm 9:30pm 12:00pm 2:00p P&Z WS (Citym PACAB Annex Work Session Building)(Chamber) 4:00pm 7:00pm City Nov 13 - 19Comprehensi ve Plan public forum 20212223242526 5:30pm 7:00pm Thanksgiving H Holiday (Offices CC WS 7:00pm 10:30p m CC Mtg (Chambers) Nov 20 - 26 27282930Dec 123 Nov 27 - Dec 3 Nanci Richey111/14/2016 10:43 AM 232 December 2016January 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa December 2016 1231234567 45678910891011121314 1112131415161715161718192021 1819202122232422232425262728 25262728293031293031 SunMonTueWedThuFriSat Nov 27282930Dec 123 Nov 27 - Dec 3 45678910 6:00pm 7:00pm 12:00pm 2:00p10:00am 1:00p P&Z WS m PACAB m HP WS w/Flood Mtg(Chambers) Board (City Annex Building) Dec 4 - 10 7:00pm 9:30pm P&Z Mtg (Annex) 11121314151617 7:00pm 10:30p6:00pm 7:00pm m CC Mtg KPB (Sales (Chambers)Tax) Dec 11 - 17 18192021222324 12:00pm 2:00p12:00pm 5:00p12:00pm 5:00p m PACAB m Christmas m Christmas Work SessionHoliday Eve (Offices (Chambers)(Offices CloseClose at at Noon)Noon) Dec 18 - 24 25262728293031 7:00pm 10:30p Merry Christma Merry Christma m CC Mtg (Chambers) Dec 25 - 31 Nanci Richey111/14/2016 10:45 AM 233