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.
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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.
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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
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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.
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PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 21day of
November.
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THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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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
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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:
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ATTEST:
__________________________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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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.
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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.
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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)
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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.
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THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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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.
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PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 21day of
November 2016.
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THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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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;
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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.
THE CITY OF SEWARD, ALASKA
Jean Bardarson Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Johanna Kinney, CMC
City Clerk
(City Seal)
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Sincerely,
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4 ²ª &®±¢¤ Facilitator
#«¤ 7 ³¤± 0±®¦± ¬ $¨±¤¢³®±Ǿ #®®ª )«¤³ª¤¤¯¤±
#®®±£¨ ³®±Ǿ !« ²ª #«¤ ( ±¡®±²
rachel@inletkeeper.org
907-235-ΓΏΕΗ ·ΑΘ
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§ 30.30.220. Derelict Vessel Program Fund
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(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.
\[This section definitely needs Task Force discussion before it is finalized but this provides a
basic introduction into the funding mechanism that the Task Force expressed interest in
seeing\]
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See
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Thefollowing section analyseswere added by Rachel:
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trailer
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#§ ¦¤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
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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).
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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:
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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).
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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
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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).
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- ±¨¤ )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
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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
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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
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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
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119
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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
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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)
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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)
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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.
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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
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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.
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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.
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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.
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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)
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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.
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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.
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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)
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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.
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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
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