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HomeMy WebLinkAbout02112019 City Council PacketCity Council Chambers Beginning at 7:00 p.m. Monday, February 11, 2019 Kimberly Strehlow, Medical Imaging Technologist at Providence Seward, stands proudly by new CT Scanner City of Seward, Alaska Council Agenda February 11, 2019 Page 1 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} February 11, 2019 7:00 p.m. Council Chambers David Squires Mayor Term Expires 2019 Sue McClure Vice Mayor Term Expires 2019 Suzi Towsley Council Member Term Expires 2019 Jeremy Horn Council Member Term Expires 2019 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Kelley Lane Council Member Term Expires 2020 Jeff Bridges Interim City Manager Brenda Ballou City Clerk Will Earnhart City Attorney 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5.APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS A.Proclamations and Awards – None B.Borough Assembly Report C.City Manager Report …………………………………. Pg. 4 D.City Attorney Report …………………………..……... Pg. 22 E.Other Reports and Presentations 1.KPB Mayor Charlie Pierce 2.Seward Community Health Center Quarterly Report by Craig Ambrosiani 3.Obihiro Delegate Visit Report and Gift Presentation from Angela Schwertfeger 1 City of Seward, Alaska Council Agenda February 11, 2019 Page 2 7. PUBLIC HEARINGS A.Ordinances for Public Hearing and Enactment 1.Ordinance 2019-004, Appropriating $500.00 From The General Fund Balance To Provide The Public With Accurate And Impartial Information For And Against The Passage Of Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. ………………………………………………..…. Pg. 23 8. UNFINISHED BUSINESS Items for Reconsideration 1.Resolution 2019-008, Authorizing $72,009 For A Contract For Janitor Services For The Seward Community Library And Museum To The Dependable Janitor And Gardener And Appropriating Funds. ……………………………….…………. Pg. 27 9. NEW BUSINESS A.Resolutions *1. Resolution 2019-012, Retroactively Amending The 2018 Budget To Record Expenditures Of $234,375.66 Paid By The State Of Alaska On Behalf Of The City Toward The City’s Public Employees Retirement System Liability For The Period January Through December, 2018 And Appropriating Funds. …..……………. Pg. 41 *2. Resolution 2019-013, Authorizing Payment To The Seward Senior Center In The Amount Of $75,000. …………………………………………………………… Pg. 47 *3. Resolution 2019-014, Authorizing The City Manager To Waive Camping Fees And Other Provisions In The Seward City Code In Order To Accommodate The Alaska SeaLife Center RV Volunteer Program. ……………………………………….. Pg. 51 *4. Resolution 2019-015, Authorizing Payment To The Seward Chamber Of Commerce For A Total Distribution Of $260,454, Representing Half Of The Bed Tax Collected In 2017, And Appropriating Funds. ……………………………………………. Pg. 53 5.Resolution 2019-016, Authorizing The City Manager To Enter Into An Agreement With PND Engineers, Inc. For Professional Engineering Services For The December 4, 2017 Seward Storm Surge Damage Repairs. …………………….…………. Pg. 66 B.Other New Business Items 1. Discuss Standing Work Sessions to review City Council Agenda Packets. (Lane) 2.Re-schedule the work session for “Informational Meeting on Public Employee Relations Act (PERA)”. 3. Discuss bringing contracts to council, Standard Operating Procedures, and reviewing upcoming contracts. (Lane) 4.Discuss Alaska Municipal League (AML) 2019 Priorities. (Squires) …………. Pg. 85 *5. Approval of the January 28, 2019 City Council Special Meeting Minutes. …... Pg. 146 *6. Approval of the January 28, 2019 City Council Regular Meeting Minutes. ….. Pg. 150 2 City of Seward, Alaska Council Agenda February 11, 2019 Page 3 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A.On-going City Project and Goal List. ………………………………………..…… Pg. 160 B.Clerk’s Report on Public Records Requests through February 5, 2019. ........ Pg. 164 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A.Go into executive session, per SCC 2.10.030(b)(4). to discuss the contract with the Interim City Manager. 15. ADJOURNMENT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sponsored by: City Attorney Introduction Date: January 28, 2019 Public Hearing Date: February 11, 2019 Enactment Date: February 11, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND BALANCE TO PROVIDE THE PUBLIC WITH ACCURATE AND IMPARTIAL INFORMATION FOR AND AGAINST THE PASSAGE OF REFERENDUM NO. 1 WHICH IS TO BE DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH 19, 2019 WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019 during which voters will decide whether to support Referendum No. 1 regarding whether to repeal City Ordinance No. 412; and WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was entitled, “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA, REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD”; and WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the Public Employment Relations Act (“PERA”); and WHEREAS, passage of Referendum No. 1 would mean that City employees are subject to the requirements of PERA; and WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate funds via an ordinance if the funds will be used to influence the outcome of an election; and WHEREAS, the City Council finds it in the public’s interest to educate and provide information from varying perspectives with regards to Referendum No. 1 and to appropriate funds to that end. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. That $500.00 is hereby appropriated from the general fund balance for the purpose of providing educational information with regards to the question of Referendum No. 1, including, without limitation, advertisements in print and broadcast media, brochures and posters, and including, without limitation, the provision of information that may influence the outcome of the election. 23 CITY OF SEWARD, ALASKA ORDINANCE 2019-004 ________________________ Section 2. This ordinance shall take effect immediately following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 11th day of February, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ Brenda J. Ballou, MMC City Clerk (City Seal) 24 COUNCIL AGENDA STATEMENT Meeting Date: January 28, 2019 To: Seward City Council From: Jack McKenna, City Attorney Agenda Item: Appropriating $500.00 From The General Fund Balance To Advocate And Provide The Public Information Regarding Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. BACKGROUND & JUSTIFICATION: On January 14, 2019, the Seward City Council was notified that a Referendum Petition to repeal Ordinance No. 412 had been certified, and they were informed that per SCC 4.15.050(a), they were required to schedule a special election within 75 days. Council scheduled a Special Election for March 19, 2019 to put the referendum of Ordinance No. 412 to the voters. In preparation for this event, council may wish to provide information to the registered voters of Seward to assist them in making an informed decision when they go to the polls. The city council has three options: to remain neutral in the delivery of the educational information (Ord 19-004), to take a position of opposition of the referendum (Ord 19-005), or to take a position of support for the referendum (Ord 19-006). If council chooses to enact one of these non-code ordinances, the next step is to notify the Alaska Public Offices Commission (APOC) of the city’s intent: 2 AAC 50.360. MUNICIPALITIES. (a) If a municipality seeks to influence the outcome of an election, using budgeted municipal funds, it shall report as an individual under AS 15.13.040(d) and (e). (b) All communications which are paid for by a municipality and which are related to an election are considered to be intended to influence the outcome of an election unless they are only notices of the election or unless they are required by statute, charter, or ordinance. (c) The municipality shall file with the commission a list of candidates and their mailing addresses within seven days following the deadline for filing for municipal office. (d) If a municipality seeks to influence the outcome of an election using funds contributed to it for that purpose, it shall register and report as a group under AS 15.13.040(b) and (c) and AS 15.13.050. (Eff. 5/16/76, Register 58; am 1/4/86, Register 97; am 8/22/97, Register 143) Authority: AS 15.13.010 AS 15.13.030 AS 15.13.040 AS 15.13.050 AS 15.13.090 25 INTENT: The intent of this Ordinance is to comply with AS 15.13.140. AS 15.13.140. Independent Expenditures For or Against Ballot Proposition or Question. (a) This chapter does not prohibit a person from making independent expenditures in support of or in opposition to a ballot proposition or question. (b) An independent expenditure for or against a ballot proposition or question (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other requirements of this chapter; and (2) may not be made if the expenditure is prohibited by AS 15.13.145 . CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here) : 3. Other (list): FISCAL NOTE: Approved by Finance Department: _______________________________________ ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-004. 26 AGENDA STATEMENT Meeting Date: February 11, 2019 From: Brenda Ballou, City Clerk Agenda Item: Intent for Motion to Reconsider Resolution 2019-008 CITY COUNCIL RULES OF PROCEDURES RULE 34. RECONSIDERATION (a) A motion to reconsider may be applied to any ordinance, resolution or action of the Council and has precedence over all motions except the motion to adjourn. A Council Member may make a motion to reconsider only if they voted on the prevailing side of the question to be reconsidered and if they make the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or if the Council Member files a written notice of intent to reconsider no later than 5:00 p.m. on the first business day following the day on which the vote was taken. The Council Member may file by telephone provided that the notice of intent to reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. (SCC § 2 .10.065 E.) (b) The following motions may not be reconsidered: (1) A motion which can be renewed within a reasonable time; (2) An affirmative vote whose provisions have been partly carried out; (3) An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; (4) Any vote which has caused something to be done which it is impossible to undo; (5) A vote on a motion to reconsider; or (6) When practically the same result, can be obtained by some other parliamentary motion. RECONSIDERATION OF RESOLUTION 2019-008 The city clerk’s office received a written Intent for Motion to Reconsider Resolution 2019-008 from Council Member Lane, who voted on the prevailing side for the approval of the resolution on January 28, 2019. The request was received before 5:00 p.m. on January 29, 2019 and so was considered timely. 27 PROCEDURE Items for Reconsideration appear under UNFINISHED BUSINESS :  Motion to Reconsider  Second  Discussion is allowed (discuss the reconsideration, not the resolution itself ) - Vote to Approve must pass by 2/3 (7 council = 5 votes; 6 council = 4 votes; 5 council = 4 votes; 4 council = 3 votes)  If approved, the resolution returns to the floor in its last state prior to approving the final main motion; it can then be debated and further amended.  If failed, the resolution remains the same as it was with no changes. RECOMMENDATION Council follow the procedure outlined above. 28 Sponsored by: Bridges Reconsideration: February 11, 2019 CITY OF SEWARD, ALASKA RESOLUTION 2019-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING $72,009 FOR A CONTRACT FOR JANITOR SERVICES FOR THE SEWARD COMMUNITY LIBRARY AND MUSEUM TO THE DEPENDABLE JANITOR AND GARDENER AND APPROPRIATING FUNDS WHEREAS, the Seward Community Library & Museum (SCLM) opened in its current location in 2013 and exceeded expectations for community engagement and usage since that time; and WHEREAS, the City of Seward’s intent is to keep this state of the art facility in excellent condition through contract services; and WHEREAS, in accordance to Seward City Code, City administration issued a Request for Proposals on December 10, 2018 for janitorial services for the SCLM; and WHEREAS, the request was advertised in a newspaper with local circulation for the required two-week period with proposals due on December 28, 2018; and WHEREAS, the City received two proposals, one from Clean Sweep and one from The Dependable Janitor & Gardener; and WHEREAS, Clean Sweep withdrew their proposal, leaving one remaining proposal; and WHEREAS, The Dependable Janitor & Gardener’s proposal was found to be responsive, and as the City’s current janitorial contractor for the same location, has provided consistent and satisfactory service to the City for the last five years; and WHEREAS, the annual cost of general services of the contract is $58,509 with additional annual costs for carpet cleaning, floor waxing, window cleaning and upholstery cleaning not to exceed $13,500; and WHEREAS, the estimated annual cost for janitorial services to the SCLM is not to exceed $72,009; and WHEREAS, the contract will be let for a term of one year beginning February 1, 2019, with the option to extend by mutual agreement of all parties for up to four additional years at the current terms; and WHEREAS, the Library and Museum Department recommends this contract based upon 29 CITY OF SEWARD, ALASKA RESOLUTION 2019-008 ___________________________ current service, flexibility of the contractor, and a valuable service to the taxpayers of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to award a contract from February 1, 2019 until January 31, 2020 to The Dependable Janitor & Gardener for the amount of $72,009, with the option to extend at the discretion of the City Manager and by mutual agreement of all parties for up to four additional years at the current terms. Section 2. Funding in the amount of $14,107 is hereby appropriated from General Fund Reserves to 01000-1500-7009 FY19 Library Museum budget for contracted services. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of January, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 30 31 INTENT: The intent of this contract is to provide required janitorial services in a cost-effective and proficient manner. I CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: no mention of custodial or janitorial X 2 Strategic Plan: "diverse economy" j X 3 Other: r X I FISCAL NOTE: The Library Museum FY2019 Contracted Services (01000-1500-7009) for janitorial services was approved in the amount of $57,902. Additional appropriation is required to make up the difference of $14,107 for the 2019 budget to meet the terms of the annual cost of the janitorial contract at $72,009. Approved by Finance Department: � /,M4/.� ATTORNEY REVIEW: Yes X No RECOMMENDATION: City Council approve Resolution 2019-008 awarding a year contract to Ron Newcome and Connie Newcome, d.b.a. The Dependable Janitor & Gardener for janitorial services for the Seward Community Library & Museum, per the attached contract for an amount not to exceed $72,009 with the option to extend at the discretion of the City Manager and by mutual agreement for up to four additional years at the current terms. 32 33 34 35 36 37 38 39 40 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RETROACTIVELY AMENDING THE 2018 BUDGET TO RECORD EXPENDITURES OF $234,375.66 PAID BY THE STATE OF ALASKA ON BEHALF OF THE CITY TOWARD THE CITY’S PUBLIC EMPLOYEES RETIREMENT SYSTEM LIABILITY FOR THE PERIOD JANUARY THROUGH DECEMBER, 2018 AND APPROPRIATING FUNDS WHEREAS, in accordance with the 2017 Alaska State Legislature’s passage of House Bill 57, the State of Alaska Department of Administration, Division of Retirement & Benefits (“DRB”) contributed $91,027.10 on behalf of the City of Seward from January through June, 2018 on the City of Seward’s behalf. The Alaska Retirement Management Board set the actuarially required rate at 25.01% for the State’s fiscal year 2018. The State’s contribution was 3.01%, reflecting the difference between the legislative on-behalf rate of 25.01% and the 22% employer “capped” rate with the contribution representing $91,027.10 toward pension costs and $0 toward healthcare costs, on behalf of the City; and WHEREAS, in accordance with the 2018 Alaska State Legislature’s passage of House Bill 286, the State of Alaska Department of Administration, Division of Retirement & Benefits (“DRB”) contributed $143,348.56 on behalf of the City of Seward from July through December, 2018 on the City of Seward’s behalf. The Alaska Retirement Management Board set the actuarially required rate at 27.58% for the State’s fiscal year 2019. The State’s contribution was 5.58%, reflecting the difference between the legislative on-behalf rate of 27.58% and the 22% employer “capped” rate with the contribution representing $143,348.56 toward pension costs and $0 toward healthcare costs, on behalf of the City; and WHEREAS, in accordance with generally accepted accounting principles, the City must record payments made on its behalf, and must therefore amend the 2018 Budget to account for both the expenditures paid on behalf of the City, and the corresponding revenues paid by the State of Alaska Department of Administration; and WHEREAS, failure to amend the budget to reflect the State’s payments on behalf of the City will result in an imbalance between the actual and budgeted revenues and expenditures, giving the appearance of revenues and expenditures exceeding the annual budget as approved by the Seward City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 41 CITY OF SEWARD, ALASKA RESOLUTION 2019-012 ___________________________ Section 1. The 2018 Operating Budget shall be retroactively amended to appropriate State PERS On Behalf Grant Revenues on a pro-rata basis to departments within each fund, the total amount of $234,375.66 as follows: 1) $180,016.97 from grant revenue account 01000-0000-4201 to General Fund/department expense accounts 01000-1xxx-6201; 2)$26,303.15 from grant revenue account 11000-2000-5920 to Harbor Fund retirement expense accounts 11000-X-6201; 3) $12,040.49 from grant revenue account 15000-0000-5920 to Electric Fund retirement expense accounts 15000-X-6201; 4) $9,876.48 from grant revenue account 17000-0000-5920 to Water Fund retirement expense accounts 17000-X-6201; and, 5) $6,138.57 from grant revenue account 18000-0000-5920 to Wastewater Fund retirement expense accounts 18000-X-6201. Section 2. This resolution shall be retroactive to December 31, 2018. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of February, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 42 43 CITY OF SEWARD RESOLUTION 2019-012 FISCAL NOTE: The State's contribution of $234,375.66 is considered a State grant award and is recognized as such on the City's financial statements, with an equivalent amount recorded as retirement expense/expenditure, allocated on a pro-rata basis, to each department's operating budget. Approved by Finance Department � J:.u.J� ATTORNEY REVIEW: Yes No X ------�-- RECOMMENDATION: Council approve Resolution 2019-012 retroactively amending the 2018 Operating Budget by appropriating $234,375.66 from State grant revenues, to various fund retirement expense accounts, on a pro-rata basis. 44 PERS ON‐BEHALF ALLOCATION FOR BOTH 1st and 2nd HALF 2018 (1/1/18‐12/31/18) Basis for Allocation % of Total 234,375.66$    PERS On‐Behalf to Allocate 01000 1110 6201 0000 00000 Retirement Benefits 1,368.40$              0.1%0.00                                 286.05 01000 1113 6201 0000 00000 Retirement Benefits 11,757.95$            1.0%0.01 2457.88 01000 1120 6201 0000 00000 Retirement Benefits 17,095.19$            1.5%0.02 3573.58 01000 1121 6201 0000 00000 Retirement Benefits 18,077.73$            1.6%0.02 3778.97 01000 1122 6201 0000 00000 Retirement Benefits 12,822.47$            1.1%0.01 2680.41 01000 1140 6201 0000 00000 Retirement Benefits 42,023.38$            3.7%0.04 8784.57 01000 1210 6201 0000 00000 Retirement Benefits 99,652.07$            8.9%0.09 20831.27 01000 1211 6201 0000 00000 Retirement Benefits 23,535.14$            2.1%0.02 4919.79 01000 1212 6201 0000 00000 Retirement Benefits 5,760.37$              0.5%0.01 1204.15 01000 1220 6201 0000 00000 Retirement Benefits 15,155.42$            1.4%0.01 3168.09 01000 1250 6201 0000 00000 Retirement Benefits 7,766.11$              0.7%0.01 1623.43 01000 1310 6201 0000 00000 Retirement Benefits 13,438.54$            1.2%0.01 2809.19 01000 1311 6201 0000 00000 Retirement Benefits 6,049.51$              0.5%0.01 1264.59 01000 1312 6201 0000 00000 Retirement Benefits 11,766.19$            1.0%0.01 2459.60 01000 1350 6201 0000 00000 Retirement Benefits 5,608.38$              0.5%0.01 1172.38 01000 1400 6201 0000 00000 Retirement Benefits 9,321.51$              0.8%0.01 1948.57 01000 1410 6201 0000 00000 Retirement Benefits 2,557.18$              0.2%0.00 534.55 01000 1411 6201 0000 00000 Retirement Benefits 5,287.13$              0.5%0.00 1105.22 01000 1412 6201 0000 00000 Retirement Benefits 30.46$                    0.0%0.00 6.37 01000 1420 6201 0000 00000 Retirement Benefits 5,282.83$              0.5%0.00 1104.32 01000 1430 6201 0000 00000 Retirement Benefits 4,445.66$              0.4%0.00 929.32 01000 1431 6201 0000 00000 Retirement Benefits 3,068.32$              0.3%0.00 641.40 01000 1500 6201 0000 00000 Retirement Benefits 16,844.73$            1.5%0.02 3521.22 01000 1900 6201 0000 00000 Retirement Benefits 522,445.61$         46.6%0.47 109212.04 180,016.96$            11000 2000 6201 0000 00000 Retirement Benefits 10,787.65$            1.0%0.01 2255.05 11000 2001 6201 0000 00000 Retirement Benefits 19,070.44$            1.7%0.02 3986.49 11000 2002 6201 0000 00000 Retirement Benefits 11,018.79$            1.0%0.01 2303.37 11000 2003 6201 0000 00000 Retirement Benefits 1,086.96$              0.1%0.00 227.22 11000 2004 6201 0000 00000 Retirement Benefits 3,214.48$              0.3%0.00 671.95 11000 2005 6201 0000 00000 Retirement Benefits 2,904.52$              0.3%0.00 607.16 11000 2090 6201 0000 00000 Retirement Benefits 77,745.48$            6.9%0.07 16251.92 26,303.15$              15000 3001 6201 0000 00000 Retirement Benefits 16,601.30$            1.5%0.01 3470.34 15000 3090 6201 0000 00000 Retirement Benefits 40,997.67$            3.7%0.04 8570.15 12,040.49$              17000 4000 6201 0000 00000 Retirement Benefits 18,497.58$            1.6%0.02 3866.73 17000 4002 6201 0000 00000 Retirement Benefits 186.97$                 0.0%0.00 39.08 17000 4090 6201 0000 00000 Retirement Benefits 28,562.29$            2.5%0.03 5970.66 9,876.48$                18000 4500 6201 0000 00000 Retirement Benefits 11,480.72$            1.0%0.01 2399.93 18000 4502 6201 0000 00000 Retirement Benefits 121.61$                 0.0%0.00 25.42 18000 4590 6201 0000 00000 Retirement Benefits 17,763.20$            1.6%0.02 3713.22 6,138.57$                1,121,199.94$     100.0%234,375.66$                           234,375.66$           45 Past Svc Past State rate State contribution Cost as Unfunded FundingRateNormal cost Total Normal Service paid on-behalf on behalf % of Liability at Ratio onYear Basis Normal cost Past svc cost Pension Normal cost Past svc cost Healthcare DCR ARC * Cost Cost of Seward (a) Total Rate (b) 30-Jun Valuation2020June 30, 2018 Roll Forward3.29% 14.92%18.21%2.45% 2.51%4.96%5.44%28.61%11.18% 17.43% 6.61%TBD60.9%2019June 30, 2017 Roll Forward3.55% 14.72%18.27%2.56% 1.81%4.37%4.94%27.58%11.05% 16.53% 5.58%143,349$ 59.9%2018June 30, 2016 Roll Forward2.94% 14.33%17.27%2.16% 0.95%3.11%4.63%25.01%9.73% 15.28% 3.01%168,807$ 61.1%2017June 30, 2015 Roll Forward3.06% 12.92%15.98%2.70% 3.10%5.80%4.36%26.14%10.12% 16.02% 4.14%126,434$ 61.3% 5,094,624$ 76.7%2016June 30, 2014 Roll Forward2.86% 11.57%14.43%3.19% 4.96%8.15%4.61%27.19%10.66% 16.53% 5.19%287,733$ 60.8% 4,901,498$ 77.1%2015June 30, 2013 Valuation2.57% 20.67%23.24%4.25% 12.36%16.61%4.18%44.03%11.00% 33.03% 22.03%2,235,098$ 75.0% 4,475,204$ 78.3%2014 2.79% 13.68%16.47%5.33% 10.51%15.84%3.37%35.68%11.49% 24.19% 13.68%698,856$ 67.8% 6,252,774$ 70.1%2013 2.55% 12.90%15.75%6.12% 11.26%20.09%3.01%35.84%11.68% 24.16% 13.84%696,751$ 67.4% 7,830,133$ 62.6%20122.52% 12.13%14.65%5.76% 10.35%16.11%2.73%33.49%11.01% 22.48%11.49%586,540$ 67.1% 7,460,331$ 61.3%20112.65% 7.33%9.98%6.68% 11.30%17.98%27.96%9.33% 18.63%5.96%384,559$ 66.6% 6,926,776$ 63.0%20102.91% 7.34%10.25%6.55% 10.85%17.40%27.65%9.46% 18.19%5.65%265,843$ 65.8% 6,975,028$ 61.5%20093.82% 7.09%10.91%9.90% 14.41%24.31%35.22%13.72% 21.50%13.22%430,412$ 61.0% 6,336,393$ 61.8%20084.57% 4.38%8.95%9.91% 13.65%23.56%32.51%14.48% 18.03%10.51%55.5% 4,848,035$ 69.5%20074,669,973$ 68.0%2006186,026$ 5,347,505$ 62.8%20054,401,922$ 65.7%Cumulative total: 6,210,409$ *ARC - Actuarial Required Contribution Rate(a) The State's contributions are made on a fiscal year basis (July through June), split by the City into the appropriate calendar year.Total ARM Board Adopted RateCITY OF SEWARD - PUBLIC EMPLOYEES' RETIREMENT SYSTEMCONTRIBUTIONS BY THE STATE OF ALASKA ON THE CITY'S BEHALFHealthcarePensionC:\Corel Data\PERS\SEWARD_PERS_Rates, 2/4/201946 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PAYMENT TO THE SEWARD SENIOR CENTER IN THE AMOUNT OF $75,000 WHEREAS, the City of Seward has supported the Seward Senior Center (SSC) throughout the life of the organization; and WHEREAS, the SSC provides services for seniors over the age of 60 offering essential and unduplicated services; and WHEREAS, the SSC uses supporting funds from the City to provide resources for our Seward seniors including healthy meals, important programs and a variety of crucial services; and WHEREAS, Seward City Council approved the 2019 budget that includes a $75,000 contribution to the SSC; and WHEREAS, on January 14, 2019, the City received the 2019 request from the SSC for the budgeted contribution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to pay the Seward Senior Center $75,000. Section 2. Funds for this contribution are contained within the 2019 budget, so no additional appropriation is required. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of February, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 47 Meeting Date: To: From: Agenda Item: Agenda Statement February 11, 2019 Seward City Council Jeff Bridges, Interim City Manag� Authorizing payment in the am�� $75,000 to the Seward Senior Center BACKGROUND & JUSTIFICATION: The City of Seward has supported the Seward Senior Center throughout the life of the organization and does so through a yearly contribution. During the 2018 and 2019 budget cycle, the City Council reinforced their support when discussion about ending the contribution was quickly rejected and added back into the biannual budget. On January 14 1\ the Finance Director received a request from the Senior Center for the budgeted contribution. The Senior Center plays a vital role in the City of Seward. Serving citizens over the age of 60 and providing them with food, important programs and a variety of crucial services. The Senior Center relies on the City contribution funds to help accomplish their goals in maximizing their efforts in aiding our senior community. INTENT: Authorize the City Manager to pay the Seward Senior Center $75,000. CONSISTENCY CHECKLIST: Yes Comprehensive Plan (document source here): 1.2.2.6 Health Care -Continue to support the Seward Senior Center X 2.2. 7 Community Partnerships Strategic Plan (document source here): 2.Recreation and Leisure XMaintain and enhance medical and social services Develop an active marketing Campaign,., .) .Other (list): No NIA X FISCAL NOTE: Funds for this contribution are contained within the 2019 budget, no additional appropriation is required. Approved by Finance: �±w ./b..u, 1� ATTORNEY REVIEW: Yes No X------- -- RECOMMENDATION: Approve Resolution 2019-__ authorizing the City Manager to pay the Seward Senior Center $75,000. 013 48 49 50 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO WAIVE CAMPING FEES AND OTHER PROVISIONS IN THE SEWARD CITY CODE IN ORDER TO ACCOMMODATE THE ALASKA SEALIFE CENTER RV VOLUNTEER PROGRAM WHEREAS, for the past four years (2015-2018) the City of Seward has provided six RV Utility sites for the Alaska SeaLife Center (ASLC); and WHEREAS, the ASLC uses these sites to attract volunteers that serve 20 hours per week in exchange for a free campsite; and WHEREAS, the ASLC reimburses the City $5 per night to offset the utility costs; and WHEREAS, Seward City Code 7.15.020 requires self-registration and payment of camping fees; and WHEREAS, Seward City Code 7.15.010 requires campers that wish to stay longer than fourteen (14) consecutive days relocate to a different campground; and WHEREAS, budgeted revenues for RV Utility sites for 2019 is $340,000; and WHEREAS, based on 2018 occupancy rates, the City expects to realize a loss in revenue of approximately $12,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to waive camping fees and relocation requirements, as required under Seward City Code, for six RV Utility sites for the Alaska SeaLife Center for 2019. Section 2. The 2019 budget is hereby amended to reduce RV Utility revenue, account No. 01000-000-4351 by $12,000. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of February, 2019. 51 Meeting Date: To: From: Agenda Item: Agenda Statement February 11, 2019 Seward City Council . . Jeff Bridges, Interim City Manag� / Waiving Camping Fees and O�:�sions of the Seward City Code in Order to Accommodate the Alaska SeaLife Center RV­ Volunteer Program BACKGROUND & JUSTIFICATION: For the past four years, the City of Seward has provided six Resurrection Campground Utility site (water and electricity hook-up) locations for the Alaska SeaLife Center (ASLC). The ASLC has used these sites to attract volunteers each summer, serving as interpretation volunteers or cashier/ticket sales people. In order to assist in this program, the City has waived camping fees for these volunteers in exchange for 20 hours per week of volunteer services at the ASLC. To offset the electric utility costs for these sites, the ASLC reimburses the City $5 per night per occupied site at the end of each season. In support of the Alaska SeaLife Center, Administration is requesting authorization to waive camping fees as required by Seward City Code (SCC) 7.15.020 and waiving the fourteen (14) consecutive day stay limitation as specified in SCC 7.15.010 for the 2019 season. Revenue for RV Utility Camping in 2016 was $343,471, in 2017, $326,596 and in 2018 $337,890. The budgeted revenue for 2019 is $340,000. Based on 2018 occupancy rates, we anticipate that this action will result in a loss in revenue of $12,000. INTENT: To authorize the City Manager to waive camping fee and 14-day relocation requirements for six RV Utility sites located in the Resurrection Campground for the Alaska SeaLife Center volunteers and to direct administration to bring forward this budget revision in future draft budgets for consideration, unless directed otherwise. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here):X 2.2.7-Community Partnerships 2. Strategic Plan (document source here):X 3. Other (list):X FISCAL NOTE: The budgeted RV-Utility site revenue for 2019 is $340,000 which is consistent with prior years' collections rates when fees have been waived. Therefore, a reduction in budgeted revenues is not required. Approved by Finance: �Gtw��0 ATTORNEYREVIEW: Yes � X --- RECOMMENDATION: Approve Resolution 2019-014 authorizing the City Manager to waive camping fee and 14-day relocation requirements for six RV Utility sites located in the Resurrection Campground for the Alaska SeaLife Center Volunteers. 52 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PAYMENT TO THE SEWARD CHAMBER OF COMMERCE FOR A TOTAL DISTRIBUTION OF $260,454, REPRESENTING HALF OF THE BED TAX COLLECTED IN 2017, AND APPROPRIATING FUNDS WHEREAS, on January 1, 1996, the City of Seward implemented a 4% bed tax; and WHEREAS, beginning in 2001, the Seward City Council agreed to share 50% of the budgeted bed tax with the Chamber for the express purpose of providing marketing services on behalf of the community; and WHEREAS, beginning in 2002 the Seward City Council began basing the contribution to the Chamber on 50% of the previous full years’ actual bed tax collected; and WHEREAS, Seward City Council approved Resolution 2004-047 designating the Chamber of Commerce the lead marketing entity for the City of Seward; and WHEREAS, Seward City Council approved Resolution 2004-099 authorizing the City Manager to enter into an agreement with the Seward Chamber of Commerce for the purpose of promoting the City of Seward economic and tourism marketing; and WHEREAS, the 2019 Budget authorized a contribution to the Chamber of $252,92; and WHEREAS, 50% of the 2017 actuals totaled $260,454; and WHEREAS, an additional appropriation of $7,531 is needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to pay the Seward Chamber of Commerce $260,454, representing half of 2017 bed tax receipts. Section 2. Additional funding in the amount of $7,531 is hereby appropriated from the General Fund Reserves account no. 01000-0000-3400 to the Chamber Contributions account no. 01000-1182-7801. Section 3. This resolution shall take effect immediately upon adoption. 53 Meeting Date: To: From: Agenda Item: Agenda Statement February 11, 2019 Seward City Council Jeff Bridges, Interim City Mana� Authorizing payment in the amount of $260,454 to the Seward Chamber of Commerce representing half of the bed tax collected in 2017. BACKGROUND & JUSTIFICATION: In 1996, the City of Seward implemented a 4% bed tax . In 2001, the Seward City Council agreed to share 50% of the budgeted bed tax with the Chamber for the express purpose of providing marketing services on behalf of the community. In 2002, Seward City Council began basing the contribution to the Chamber on 50% of the previous full years' actual bed tax collected. In 2004 the City Council approved resolutions 2004-047 and 2004-099 which designated the Chamber of Commerce as the lead marketing entity for the City of Seward and authorized the City Manager to enter into an agreement with the Seward Chamber of Commerce for the purpose of promoting the City of Seward economic and tourism marketing. INTENT: Authorize the City Manager to pay the Seward Chamber of Commerce $260,454 representing half of the 2017 bed tax receipts. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (document source here): 1. 2.2. 7 Community Partnerships X 2.2.11 Economic Base 3.1 Economic Development Strategic Plan (document source here): 2. Economic Base X Attract New Industry Develop an active marketing Campaign 3.Other (list):X FISCAL NOTE: The 2019 budget for Chamber of Commerce contribution was $252,923. Half of the actual bed tax receipts for 2017 was $260,454. An additional appropriation in an amount of $7,531 is necessary in order to fulfill the agreement with the Chamber of Commerce. Approved by Finance: .Jt1.-GJI:>Jw,J,l.,l� ATTORNEY REVIEW: Yes No X--------- RECOMMENDATION: Approve Resolution 2019- 015 authorizing the City Manager to pay the Seward Chamber of Commerce $260,454 representing half of the 2017 bed tax receipts. 54 55 56 57 58 59 Sponsored by: Clark CITY OF SEWARD, ALASKA RESOLUTION 2004-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DESIGNATING THE SEWARD CHAMBER OF COMMERCE AS THE LEAD MARKETING ENTITY AND DIRECTING THAT A WRITTEN AGREEMENT ESTABLISHING ACCOUNTABILITY BE PREPARED WHEREAS, the City of Seward has long sought to promote and increase business activities and employment in the Seward community; and WHEREAS, the City's Strategic and Comprehensive Plans clearly state the City's desire to expand its business base and to generate year-round employment; and WHEREAS, marketing is an important effort that must take place to achieve the goals of attracting new business and industry, supporting and growing existing businesses, and increasing customers coming to Seward; and WHEREAS, the City recognizes that a coordinated marketing effort at the community-wide level is critical to success; and WHEREAS, the Chamber of Commerce has tasked its Marketing Committee with focusing on Marketing two major areas, namely Business, Industry Development and the Visitor Industry; anQ WHEREAS, the Chamber of Commerce and the Chamber Marketing Committee are willing to accept responsibility for leading community marketing efforts; and WHEREAS, the Port and Commerce Advisory Board has recognized the need to focus and expand marketing efforts and passed at its March 10, 2004 meeting Resolution 2004-06 recommending that the City Council engage the Seward Chamber of Commerce as the lead marketing entity for the Seward community; and WHEREAS, the City and Chamber both recognize that the creation of a written agreement that defines the Chamber's role in community marketing efforts including an annual workplan and budget thereby creating an agreed upon plan, establishing clear expectations, and determining resource needs. 60 CITY OF SEWARD, ALASKA RESOLUTION 2004-47 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby designates the Chamber of Commerce as the lead marketing entity for Seward. Section 2. The City Administration and Chamber of Commerce will jointly create a written agreement including provisions establishing accountability through a workplan and budget which must be approved annually by the City Council. Section 3. This resolution shall take effect immediately upon adoption PASSED AND APPROVED by the City Council ofthe city of Seward, Alaska, this 26th day of April 2004. THE CITY OF SEWARD, ALASKA it ~ /rtlfi . ?- . '-<'~ .--<~ Vanta Shafer, Mayor I AYES: NOES: ABSENT: ABSTAIN: Branson, Dunham, Valdatta, Clark, Amberg, Shafer None None None ATTEST: Jean, ewis " l , C:ity C:lerk \\\\"'11'1'" Or SE~ """ 4. ......... A1~ ,. City S~ .'.o"~'i'OFl,.j;:.. ~ <::..Q '~...;p C.. Ii!lI d S"RJ.AT ,CU III . : ~ t"'U.J : :: O-.l:: v ..."'.' "\ '"I.S\~.".YE 1 ",~,,".~ :: c.~~, ...y~ ......1.. ~) ,;~ li OF f>.\': ..,;:ll III,,"U"\\I 61 Agenda Statement MeetingDate: April26, 2004 From: CouncilmemberKevinClark Thru PhilShealy, CityManager AgendaItem: ChamberMarketing BACKGROUND & JUSTIFICATION: Thetopicofmarketinghasdominated manyconversations overthepastyearanda half. For example, the realizationthat Princess waspulling out ofSeward, andwith littlefightby Seward to keep them, wasa wakeup callto thecommunity thatwe aren’t takingcareof ourcustomers. There wasascramble bytheCityCouncil, theCity Administration, PACAB, theChamberof Commerce, andmany business leaders to tryto fixthings. Regardless ofthe reasons forthe Princessdecision, andwhether or notwe could haveaffected their decision, our effortstokeep Princessshowedhowpoorly wefunctioned togetherasacommunity. Thegoodnewsis thatwe all sharea commongoal andthe desiretofix thisproblem. Everyone agreesthatSeward needsto bettertakecare ofits customers and thatwe needto marketSeward. Itisalsorecognized thatour customers include businesses and industryas wellas theindividuals whocometo experience Seward as a destination. But, defining whatwe meanby marketing, and determiningwhois leading theeffort hasbeena greatsourceof frustration asthe community has tried togainforwardmomentum. Thechallenge istofigure outhowtoproceed. Thereisa needfor leadership andfocusat thecommunity level to movethingsforward. There aretwoentities thatcanoperateatacommunity-widelevel toprovide leadership inthe marketing arena. Thefirstis theCity ofSeward, and thesecond is theChamber of Commerce. Ineither case, itis recognized that neither organization is currently staffed or hasresources tofully implementa communitymarketing effort. Yet, it is important at thistime tostart building forthe future. The firststepis to picka leadagency, andtask themwithleading the effort. Both PACABand theChamber of Commercehavestarted toaddress this, and at thistime, both entities arerecommending thattheChamber ofCommerce takethelead. Atthis time, theCity hasnotindicated thatit is willing tobecome the marketing lead forthe Seward community. It is notstaffed to doso, andthereis recognitionof thefact thatthe Chamber has amore direct mission andexpertise inthis area. TheChamber exists to market Seward and tohelp buildits businessbase. Yet, theCity hasa responsibility to ensurethatit takesactiontoensure ahealthy businesscommunity, to expand our business and industry base, thereby creating more jobs, andto attract andtake careof Seward’scustomers. Thismeans that theCityneeds supportfromanother entitytoachievethese goals. 62 ThisentityshouldbetheChamber ofCommerce. The Chamberhas agreed totake onthis role and responsibility. The Chamber has already begun to structure itself in a manner that willallow it to accept this responsibility, specifically through re-focusing itsMarketing Committee to address the broader marketing needs of the community. It is also clear that the new Executive Director will be tasked by the Board with this projectasatoppriority. Designating a lead agency isn’t enough. Based on thehistoryof working relationsbetween the City and the Chamber, and recognizing that clarity will help build a productive working relationship, it is important to create a written agreement thatdocuments howthisrelationship will work. The Chamber and City of Seward will need to negotiateingood faiththetermsofthis agreement. This will allow the City to ensure accountability and the Chamber to set expectations and address resource needs. This is a constructive way to move the budget conversations regarding the use of bed tax monies into a structured agreement. This resolution sets a policy direction and directs the parties to work together to create an agreement. It does not in any way bind either the City or Chamber to specific terms or conditions. This agreement, when completed, will stillneed the approval of the City and the Chamber Board, as well as annualapprovals of workplans and budgets. This action is consistent with the City’s guiding plans. The Strategic plan starts with “Economic Base”, its first goal is to “Attract New Industry”, and itsfirst strategy is to, “Develop an aggressive marketing campaign which highlights the diverse resources, and quality of life that make Seward a great place to live and establish a business or industry”. Clearly, at the five-year mark of this plan, not much progress has been made. Working through the Chamber, this goal can be assigned in a way that will ensure it becomes reality. The 1990 Comprehensive Plan has a number of places that address this need, and the current Comprehensive Plan even in draftform includes language very much like that found in the Strategic Plan. CONSISTENCY CHECKLIST: Yes No 1. ComprehensivePlan _____ _____ 2. StrategicPlan _____ _____ 3. Other _____ _____ 4. Notapplicable _____ _____ FISCALNOTE: Notapplicableatthistime. Fiscalimpacts willbenegotiated. RECOMMENDATION: Council approveResolution 2004-47, designating theChamber of Commerceas thelead marketingentity forSeward, and directingAdministration toimplement this policy with a written agreement establishingaccountability andannualworkplansandbudgets. 63 I I Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2004-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SEWARD CHAMBER OF COMMERCE FOR THE PURPOSE OF PROMOTING THE CITY OF SEWARD ECONOMIC AND TOURISM MARKETING WHEREAS, Council approved Resolution No. 2004-47 on Apri126, 2004 designating the Seward Chamber of Commerce as the lead marketing entity for the Seward Community and authorizing the City Administration and the Chamber of Commerce to jointly create a written agreement including provisions establishing accountability through a work plan and budget which must be approved annually by the City Council; and WHEREAS, the agreement outlines the various responsibilities of the Chamber for promoting and marketing economic development and tourism for the city of Seward and requires a Marketing Plan and Budget to be submitted by September 1 of each year, subject to annual approval and appropriation by the City Council as part of the budget process; and WHEREAS, the Seward Chamber of Commerce is currently marketing for the Seward community, the Chamber of Commerce has tasked its Marketing Committee with focusing on marketing two major areas, namely Business, Industry Development and the Visitor Industry and the Chamber of Commerce and the Chamber Marketing Committee are willing to accept responsibility for leading community marketing efforts; and WHEREAS, City Code 96.10.120 (8) provides for an exemption to the normal bid process for professional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Competitive procurement procedures for professional services are not required for the reasons described in the recitals above, which recitals are incorporated herein by this reference and authorize the city manager to enter into the attached agreement with the Seward Chamber of Commerce for the purpose of promoting the city of Seward economic development and tourism marketing. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th day of October, 2004. 64 CITY OF SEWARD, ALASKA RESOLUTION NO.2004-99 THE CITY OF SEWARD, ALASKA r:/V11tI' ~ j~) ~ Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: Dunham, Branson, Va1datta, Clark, Lorenz, Shafer None Amberg None ATTEST: 1: ,,;llixJ Jean wis <_~ City lerk UII"", C' S 1) .... ~ ro,.. "~Ity ea .."'....~:: t (!.:..~::.:1~i:"~~"':' c} /b??O~';...,. ;6 ":;,v 41($;...... \:... 0: ..-..-. 0 .. 'C.... 0: sr~::j\L : ~1 ~~ 1 . : l= n III '1:. j)" ...V1'~ '\t:A'\'.:.' O~"'" t':J 1 t ..... ,',P ,4.1).,"'lI' OF 1\.; t"" ,,'>4. lInn'~\'" 65 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PND ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DECEMBER 4, 2017 SEWARD STORM SURGE DAMAGE REPAIRS WHEREAS, on December 4, 2017, a winter storm event that combined an ocean storm surge, exceptionally high winds, and high tides causing extensive shoreline erosion damages along the Lowell Point Road, and the Alaska SeaLife Center seawall; and WHEREAS, the City Manager declared an emergency disaster for Storm Surge Damage; and WHEREAS, City Council passed Resolution 2017-091 to support the declaration; and WHEREAS, the Kenai Peninsula Borough Mayor, the State of Alaska Governor, and the President of the United States all signed disaster declarations for this event; and WHEREAS, those declarations enabled the City to qualify for damage repair funding from the Alaska Division of Homeland Security and Emergency Management (DHS&EM), and Federal Emergency Management Agency (FEMA) for assistance for damages; and WHEREAS, the City will be reimbursed for disaster-related Professional Engineering Services from FEMA at (75%), and DHS&EM (25%); and WHEREAS, a Request for Proposals (RFP) for Professional Engineering Services was advertised and completed, resulting in two responsible proposals from highly qualified and experienced firms; and WHEREAS, on February 4, 2019, the RFPs were carefully evaluated using the criteria listed in the RFP and scored by a five-person evaluation committee; and WHEREAS, PND Engineers, Inc. scored the highest total point score for their Professional Services Proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Professional Engineering Services Agreement with PND Engineers, Inc. in the amount of $234,440.00 for the 66 CITY OF SEWARD, ALASKA RESOLUTION 2019-016 ___________________________ engineering/design, bid package, and construction project management for the 2017 Seward Storm Surge Damage Repairs. Section 2. Funding is hereby appropriated from account 70051-0000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of February, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 67 68 RECOMMENDATION: Recommend Approval of Resolution 2019-016 and authorizing the City Manager to enter into an agreement with PND Engineers Inc. with 75% reimbursable funds from FEMA, and 25% reimbursable funds from the State of Alaska DHS Disaster funds. 69 - 2017 Storm Surge Damage Repairs- -City of Seward- -Page 1 of 15- CITY OF SEWARD 2017 SEWARD STORM SURGE DAMAGES INVITATION TO SUBMIT PROPOSALS PROFESSIONAL ENGINEERING SERVICES Issue Date: 1/10/2019 Bid Opening: 01/30/2019 Notice to Proceed: 02/13/2019 Estimated Project End Date: 09/30/2019 INTRODUCTION: The City of Seward is working with FEMA and the State of Alaska Department of Homeland Security (DHS) disaster grant funding to repair coastal damage along the Seward shoreline and Lowell Point Road. The damage was the result of a storm surge that occurred in December 2017. The City desires to contract with an engineering firm to develop engineering specifications, (as outlined in FEMA Project Worksheets 46672 and 46673, and FEMA Disaster #4369DR Site Inspection information). a bid for the construction, permitting, and to provide construction project management/oversight for the scope of work included in the project. The FEMA project worksheets and Site Inspections provide a detailed scope of work. Such work must comply and adhere to all FEMA specification and conditions. Construction and project management to be completed no later than September 30, 2019. THE SITE DESCRIPTION: A site map, the FEMA Project Worksheets and Site Inspection Reports describe the site description and work (attached). PROJECT OBJECTIVES: To enter into a professional services agreement with a qualified, experienced engineering firm, familiar with coastal design, erosion and the coastal complexities specific to Seward’s coastal conditions to complete the work outlined in the FEMA project worksheets and inspection reports. SCOPE OF SERVICES: The scope of work shall develop design engineering specifications, a bid for the construction, (as outlined in the attached FEMA project information), permitting, and provide project management and oversight for the scope of work included in the project. All work must comply with FEMA specifications and conditions. Construction is to be completed by September 30, 2019. Generally, under the Public Assistance Grants Program the damage incurred to the facility(s) is repaired to pre-disaster design, function and capacity only. -If during the course of design there are measures identified that can be taken to reduce or eliminate long-term risk to people and property from the same peril that caused the damages, then those measures may be eligible under a Hazard Mitigation Program (HMP) pending FEMA/State approval. These HMP measures shall be proposed by the successful engineering firm as “additive alternates” in the RFP for construction repairs. Note: **We recommend all interested bidders attend a teleconference put on by the State of Alaska, Division of Homeland Security and Emergency Management to clarify the parameters of the HMP. This will ensure potential bidders understand the limitations of this program. 70 - 2017 Storm Surge Damage Repairs- -City of Seward- -Page 2 of 15- PROPOSAL REQUIREMENTS and CONTRACT DOCUMENTS will be available beginning January 10, 2019 through the “Plans Room” web site. QUESTIONS REGARDING THIS RFP: Public Works Director//Projects: Doug Schoessler at the City of Seward, (907) 224-4093, fax (907) 224-5051 is the sole point of contact for all issues pertaining to this procurement. No oral interpretations concerning this RFP will be mad e to any person. Requests for an interpretation must be made in writing and delivered by email to: “doug@cityofseward.net” at least 7 days before the submittal date. You must include a return email on your written request for an interpretation. DEADLINE FOR PROPOSALS: Five (5) COPIES OF SEALED PROPOSALS WILL BE ACCEPTED UNTIL 3:30 P.M., Alaska time on Wednesday January 30, 2019, or such later time as the Public Works Director may announce by addendum to RFP holders at any time prior to the submittal date. Proposals must be time-stamped by no later than 3:30 p.m. Late proposals will not be accepted and will be returned. NOTE: Mailing/delivery times to Alaska may take longer than other areas of the U.S. Proposal documents must be delivered in person or by courier service to: PHYSICAL LOCATION and MAILING ADDRESS: City of Seward, City Clerk Office 410 Adams St. PO Box 167 Seward, Alaska 99664 Notice to Publisher: Seward Journal Wednesday 1/16/2019 Anchorage Daily News Wednesday 1/16/2019, Sunday 1/20/2019 POSTED AT THE FOLLOWING LOCATIONS: 1/10/2019 Seward City Hall, Seward Post Office City of Seward Website and Facebook The Plans Room Anchorage, Website 71 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 1 of 13 507486\1006\00789371 PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS This Agreement, between the CITY OF SEWARD, an Alaska home rule municipal corporation (“City”), and PND ENGINEERS, INC. (“Engineer”), is effective February 12, 2019 for the provision of professional engineering services. Notice shall be given to the Designated Representative of the contracting parties as follows: Jeff Bridges, Interim City Manager City of Seward, Alaska P. O. Box 167 Seward, Alaska 99664 Doug Kenley, PE. PND Engineers, Inc 1506 W. 36th Avenue Anchorage, Alaska 99503 1. SCOPE OF WORK 1.1 PURPOSE OF AGREEMENT. The City seeks to retain engineering services related to the following project: Professional Engineering Services for design, permitting, construction bid proposal, and project management for the 2017 Seward Storm Surge Damage Repairs Project, as more particularly described in the City of Seward RFP dated January 10, 2019, attached Exhibit 1. The services provided by the Engineer will consist of planning, providing specifications, permitting, and preparing contract documents to bid the construction repairs, including design cost estimating, and project management as described in the above -mentioned RFP and Engineer's responsive bid. 2. GENERAL PROVISIONS 2.1 DEFINITIONS. The following terms shall have the meanings as defined below. 2.1.1 “Agreement” means this Agreement, including all amendments, modifications, and supplements hereto and any appendices, exhibits, or schedules to same, and refers to this Agreement as it may be in effect at the time such reference becomes operative. Together the documents form an agreement which represents the 72 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 2 of 13 507486\1006\00789371 entire and integrated agreement between the parties hereto, and supersedes prior negotiations or agreements, either written or oral. This Agreement is entered into solely for the purpose of the Project. 2.1.2 “Contract Documents” means and consists of (i) this Agreement signed by City and Engineer; (ii) Alaska Department of Labor and Workforce Development Pamphlet 600, which is incorporated herein as though fully set forth herein; (iii) all exhibits and schedules to this Agreement; and (iv) all change orders for changes in the Work issued after the execution of this Agreement. 2.1.3 “City’s Representative” means Mr. Doug Schoessler, Public Works Director; or the City Manager; or the City Manager’s designee. 2.1.4 “Work” means all labor, materials, equipment, and services provided by Engineer to fulfill Engineer’s obligations. 3. ENGINEER’S RESPONSIBILTIES 3.1 ENGINEERING SERVICES. Engineer shall be responsible for procuring engineering, planning, consulting, and design (collectively “Engineering”) of the Work described in the Task Orders and Contract Documents. Engineer shall exercise reasonable skill and judgment in the performance of the Work. 3.1.1 Engineer shall be responsible for taking and verifying field dimensions, providing tests, ordering materials, and all other actions as required to perform this Agreement. 3.1.2 Engineer shall submit for City’s written approval Drawings and Specifications based on the Contract Documents insuring proposed work meets with the FEMA guidelines for cost reimbursement. Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws, or regulations enacted at the time of their preparation. 3.2 SAFETY, LEGAL COMPLIANCE, AND RECORDKEEPING. Engineer shall take necessary precautions for the safety of its employees on the Project. Engineer shall not, however, be responsible for the elimination or abatement of safety hazards created or otherwise resulting from the work of City or its agents. 3.2.1 Engineer shall give adequate notices to authorities pertaining to its Work, and shall secure and pay for all permits, fees, assessments, inspections, and taxes necessary to complete the Work. Engineer shall comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern proper performance of the Work. 3.2.2 To the extent that Engineer retains or contracts with any mechanic or laborer during the Work, Engineer will comply with the Alaska Prevai ling Wage Act, 73 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 3 of 13 507486\1006\00789371 AS 36.05.005 et seq., and will pay any mechanic or laborer, including apprentices and trainees, the full amount of wages required under the Act. In the event that Engineer enters into contracts with Subcontractors for the provision of work by mechanics or laborers, Engineer will require the Subcontractor to pay its mechanics and laborers according to the terms of the Act. 3.2.3 Engineer shall maintain insurance policies as described in Article 9. 3.2.4 Engineer shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. City shall be afforded access to all Engineer’s records, books, correspondence, instructions, drawings, schedules, receipts, vouchers, memoranda, and similar data relating to Change Order work performed on the basis of actual cost. Engineer shall preserve all such records for a period of three years following final payment. 4. CITY’S RESPONSIBILITIES 4.1 INFORMATION. City shall provide information in a timely manner regarding requirements for each Task Order. Engineer shall be entitled to rely on the completeness and accuracy of information provided by City. City shall provide all necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports, and investigations. 4.2 RESPONSIBILITIES DURING THE WORK 4.2.1 City shall review and approve further development of the drawings and specifications as set forth in Article 3. 4.2.2 City shall review the Schedule of Work and timely respond to City’s obligations. 4.2.3 If City becomes aware of any error, omission, or failure to meet the requirements of the Contract Documents, or any fault or defect in the Work, City shall give prompt notice to Engineer. 4.2.4 City shall have no contractual obligations to any Sub contractors or suppliers. 4.2.5 Where the Engineer’s work involves a project for construction, City shall provide insurance for the project as provided in Article 9. 4.3 CITY’S DESIGNATED REPRESENTATIVE. City’s Designated Representative shall be fully acquainted with the Project, shall furnish information and services required of City pursuant to Paragraph 4.1 so as not to delay Engineer’s Work, 74 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 4 of 13 507486\1006\00789371 and shall have authority to bind City in all matters requiring City’s approval, authorization, or written notice. 5. SUBCONTRACTORS TO ENGINEER 5.1 SUBCONTRACTORS. Work not performed by Engineer with its own resources shall be performed by Subcontractors. 5.1.1 Engineer shall not retain any Subcontractor to whom City has a reasonable and timely objection, provided that City agrees to increase the Contract Price for any additional costs incurred by Engineer as a result of such objection. 5.1.2 Engineer shall be wholly responsible for the management of its Subcontractors in the performance of their work. 6. CONTRACT TIME 6.1 COMMENCEMENT. The Work shall commence upon the date of receipt of a written Notice to Proceed by the Engineer. 6.2 CONTRACT TERM. The term of this Agreement shall be until completed or otherwise legally terminated. 6.3 Time is of the essence in this Agreement. 6.3.1 If Engineer is delayed at any time in the progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond Engineer's control, the Contract Time will be extended by Change Order to the extent that: (1) the delay will prevent Engineer from achieving Substantial Completion within the Contract Time, and (2) the performance of the Work is not delayed by any other cause for which Engineer is not entitled to an extension in the Contract Time under the Contract Documents. Adjustments to the Contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by Engineer, (2) could not be limited or avoided by Engineer's timely notice to City of the delay, and (3) is of a duration not less than one day. 6.3.2 Final inspection and acceptance by City’s Representative will not be made until all Work under this Agreement is completed. If unforeseeable causes beyond Engineer’s control, and without Engineer’s fault or negligence, delay progress of the Work, then Task Order Price and/or date of Task Order Completion shall be modified by Change Order as appropriate in accordance with the provisions of Article 8. 75 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 5 of 13 507486\1006\00789371 7. COMPENSATION OF ENGINEER 7.1 CONTRACT SUM; PAYMENT. For and in consideration of Engineer's performance of the Work, Engineer will receive: payment by unit price and actual quantities of work and materials provided in accordance with the bid prices in the attached Exhibit 2 (task estimate) and a Total Cost not to exceed $234,440, and any authorized adjustments for additional work not anticipated by this contract. City’s payment obligation will be subject to: 7.1.1 A reduction by any amount owed by Engineer to City at the time payment of the Contract Sum is due; or 7.1.2 Additions and/or deletions by Change Order. 7.2 ENGINEER’S INVOICES. Engineer will submit a single final invoice within thirty (30) days of the completion of Work. 7.3 REVIEW OF ENGINEER’S INVOICES. City's Representative will, with in fifteen (15) days after receipt of any Engineer's invoice, approve payment for such amount as City's Representative determines is properly due, and notify Engineer in writing of the reasons for any withholding of payment in whole or in part. 7.4 PAYMENT BY ENGINEER 7.4.1 Engineer will promptly pay each person who supplies labor or materials to Engineer upon receipt of payment from City, out of the amount paid to Engineer. 7.4.2 City will have no responsibility for the payment of money to a person or entity who supplies labor or materials to Engineer. 7.4.3 A payment, or partial or entire use or occupancy of the Work by City, will not constitute acceptance of any Work not in accordance with the requirements of the Contract Documents. 7.4.4 If City is entitled to reimbursement or payment from Engineer under the Contract Documents, Engineer will make the payment promptly upon demand by City. Notwithstanding anything in the Contract Documents to the contrary, if Engineer fails promptly to make any payment due City, or City incurs costs and expenses to cure any default of Engineer or to correct defective Work, City will have an absolute right to offset the amount against the Contract Sum and may, in City's sole discretion, either (1) deduct an amount equal to the amount which is due City from any payment then or thereafter due Engineer from City, or (2) issue a written notice to Engineer reducing the Contract Sum by an amount equal to the amount which is due City. 76 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 6 of 13 507486\1006\00789371 7.5 FINAL COMPLETION AND FINAL PAYMENT. Upon receipt of a final Application for Payment, City's Representative will determine whether the final work is acceptable to City. City may withhold from the final payment to Engineer any amount that City determines is necessary to render the Work acceptable to City under the Contract Documents. 8. CHANGES IN THE WORK 8.1 CHANGE ORDERS. Changes in the Work which are within the general scope of this Agreement will be accomplished by Change Order, signed by both City and Engineer and stating the change and any adjustment in Task Order Price, Task Order Completion Date, and/or date of Substantial Completion. 8.2 UNILATERAL CHANGE ORDER. In the event City and Engineer cannot agree as to the amount of adjustment in Task Order Price, City shall issue a written order adjusting the Task Order Price determin ed by the reasonable expense and/or savings in the performance of the Work resulting from the Change. If such a change results in a net increase in Task Order Price, City shall make a reasonable adjustment in Engineer’s overhead and profit. In the case of a net decrease in Task Order Price, City shall not make a reduction in overhead and profit. In the event of a disagreement between City and Engineer as to the amount of adjustment in Task Order Price, Engineer shall nonetheless continue to prosecute the Work. 8.3 CHANGED CONDITIONS. If in the performance of the Work Engineer finds latent, concealed, or subsurface physical conditions which differ from the conditions Engineer reasonably anticipated, or if physical conditions are materially different from those normally encountered and generally recognized as inherent in the kind of work provided for in this Agreement, Engineer shall immediately notify City in writing of such changed condition. 8.3.1 No adjustment in Task Order Price and/or Task Order Completion Date shall be claimed by Engineer due to changed conditions unless Engineer shall have timely notified City of the condition and made written request for such adjustment within three (3) days after such condition was encountered. 8.3.2 Adjustments to the Task Order Price and/or Task Order Completion Date, if any, resulting from changed conditions shall be set forth in a Change Order pursuant to this Article. No such adjustments shall be made for any changes performed by Engineer that have not been ordered by City in writing. Engineer expressly agrees that this requirement cannot be waived. 8.4 NOTICE REQUIREMENT. For any request for an adjustment of Task Order Price, Task Order Completion Date, and/or date of Substantial Completion, Engineer shall give City written notice of the request within twenty-one (21) days after the occurrence giving rise to the request or twenty-one (21) days after Engineer first recognized the condition giving rise to the claim, whichever is later. 77 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 7 of 13 507486\1006\00789371 8.5 EMERGENCIES. In any emergency affecting the safety of persons and/or property, Engineer shall act, at its discretion, to prevent threatened damage, injury, or loss. If such an emergency is anticipated to result in a request for an increase in Task Order Price, Task Order Completion Date, and/or date of Substantial Completion, notice shall be given to City before proceeding with the Work. 9. INDEMNITY, INSURANCE, AND WAIVER OF SUBROGATION 9.1 INDEMNITY. Engineer shall indemnify, defend, and hold harmless the City from and against any claim of, or liab ility for, negligent acts, errors, and omissions of Engineer under this Agreement. Engineer is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of Engineer and the City, the indemnification, defense, and hold harmless obligation of this provision shall be apportioned on a comparative fault basis. In this provision, "Engineer" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions" means negligence other than in the City's selection, administration, monitoring, or controlling of Engineer, or in approving or accepting Engineer's work. 9.2 ENGINEER’S INSURANCE 9.2.1 Engineer will provide evidence of insurance with a carrier or carriers satisfactory to City covering injury to persons and/or property suffered by City or a third party as a result of operations by Engineer which arise both out of and during the course of this Agreement. This coverage will also provide protection against injuries to all employees of Engineer engaged in Work under this Agreement. The delivery to City of a written thirty (30) day notice is required before cancellation of any coverage or reduction in any limits of liability. 9.2.2 Engineer will maintain in force at all times during the performance of Work under this Agreement the following policies of insurance. Failure to maintain insurance may, at the option of City, be deemed Defective Work and remedied in accordance with the Contract Documents. Where specific limits and coverage are shown, it is understood that they will be the minimum acceptable. The requirements of this Paragraph will not limit the Engineer's responsibility to indemnify under Paragraph 9.1. A. Comprehensive or Commercial General Liability Insurance: Engineer will provide and maintain either Comprehensive or Commercial General Liability Insurance to cover all operations by or on behalf of Engineer, and provide insurance for bodily injury and property damage liability including coverage for: premises and operations, products and completed operations, and personal injury liability. The minimum limits of liability will be: 78 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 8 of 13 507486\1006\00789371 (1) If Engineer carries a Comprehensive General Liability policy, the limits of liability will not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of $1,000,000 each occurrence/$1,000,000 aggregate. (2) If Engineer carries a Commercial General Liability policy, the limits of liability will not be less than $1,000,000 each occurrence (Combined Single Limit for bodily injury and property damage), $1,000,000 for Personal Injury Liability, $1,000,000 aggregate for Products-Completed Operations, and $1,000,000 general aggregate. B. Professional Liability Insurance: Engineer will provide and maintain professional liability insurance for claims arising from negligent performance of professional services under this Agreement and shall be written for not less than $1,000,000 per claim/$1,000,000 aggregate, with such insurance maintained for a minimum of three years after the date of Task Order Completion. C. Workers’ Compensation Insurance: Engineer will provide and maintain, for all employees of Engineer engaged in work under this Agreement, Workers' Compensation insurance as required by AS 23.30.045, to include Employer's Liability Protection in the amount of $1,000,000 per person/ $1,000,000 per occurrence. D. Automobile Liability Insurance: Engineer will provide and maintain for all owned, hired, and non-owned vehicles coverage in limits not less than the following: $1,000,000 each occurrence (Combined Single Limit for bodily injury and property damage). 9.2.3 Certificates of Insurance acceptable to City will be filed with City. Certificates for all coverage will be provided before commencement of the Work. Each Certificate of Insurance will contain the following statement: "This is to certify that the policies described herein comply with all aspects of the insurance requirements of (Contract Name and Project Number)." Acceptance by City of a deficient Certificate of Insurance does not constitute a waiver of any requirement of insurance in the Contract Documents. A. Engineer’s insurance will be endorsed to provide that the insurers and underwriters on all policies waive their right of subrogation against City. Except for workers’ compensation coverage described at 9.2.2, City will be named additional insured on all policies. 9.3 CITY’S INSURANCE 79 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 9 of 13 507486\1006\00789371 9.3.1 City shall be responsible for obtaining and maintaining its own liability insurance. Except as set forth below, insurance for claims arising out of the performance of this Agreement may be purchased and maintained at City’s discretion. 9.3.2 In the event that Engineer’s Work involves projects for construction undertaken by City, City shall obtain and maintain Builder’s Risk insurance in a form acceptable to Engineer upon the entire project for the full cost of replacement at the time of any loss. The insurance shall include as named insureds City, Engineer, and any Architect/Engineers or Contractors. The insurance shall insure against loss from the perils of fire and extended coverage, and shall include “all risk” insurance for physical loss or damage, including without duplication of coverage: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, testing, and damages resulting from defective design, workmanship, or material. City shall increase limits of coverage, if necessary, to reflect estimated replacement cost. City shall be responsible for co-insurance penalties or deductibles. 9.4 WAIVER OF SUBROGATION 9.4.1 Engineer and City waive all rights against each other, and any of their respective employees, agents, consultants, and Subcontractors, for damages caused by risks covered by insurance provided in Paragraph 9.2 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Engineer or City as trustees. Engineer shall require similar waivers from any and all Contractors, and shall require each of them to include simil ar waivers in their subcontracts and consulting agreements. 9.4.2 If the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the holder of such policies will cause them to be so endorsed. 9.5 SURVIVAL. Engineer's insurance and indemnity obligations hereunder will survive termination of this Agreement. 10. SUSPENSION OR TERMINATION OF AGREEMENT 10.1 SUSPENSION FOR CITY’S CONVENIENCE. City may order Engineer in writing to suspend, delay, or interrupt all or part of the Work for such period of time as may be determined to be appropriate for the convenience of City. Adjustments caused by suspension, delay, or interruption shall be made in Task Order Price and/or Task Order Completion Date. No adjustment shall be made if Engineer is responsible for the suspension, delay, or interruption of the Work, or if another provision of this Agreement is applied to create an adjustment. 10.2 TERMINATION FOR CITY’S CONVENIENCE. City may, at its sole and absolute discretion, terminate this Agreement for its own convenience. If City so elects, City shall be liable to Engineer for the reasonable value of work performed by Engineer 80 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 10 of 13 507486\1006\00789371 prior to termination of the Agreement, including reasonable profit a nd overhead, less prior payments made. Engineer shall not be entitled to prospective profits on unperformed work, or consequential damages. 10.3 TERMINATION BY CITY FOR CAUSE. 10.3.1 Upon seven (7) days' written notice to Engineer, City may terminate this Agreement for any of the following reasons: 1. Engineer persistently utilizes improper materials and/or inadequately skilled workers; 2. Engineer does not make proper payment to any laborers, materials suppliers, or Subcontractors; 3. Engineer persistently fails to abide by the orders, regulations, rules, ordinances, or laws of governmental authorities having jurisdiction; 4. Engineer files a petition under the Bankruptcy Code; or 5. Engineer otherwise materially breaches this Agreement. 10.3.2 In the event that City exercises its rights under Paragraph 10.3, City may, without prejudice to any other right or remedy against Engineer, take over and complete the performance of this Subcontract, or any part of it, at the expense of Engineer, or without taking over the work, may furnish the necessary materials and/or employ the workmen necessary to remedy the situation at the expense of Engineer. 10.3.3 If City takes over work pursuant to Subparagraph 10.3.2, it is specifically agreed that City may take possession of the premises and of all materials, tools, and equipment of Engineer at the site or for which Engineer has been paid for the purpose of completing the work of this Agreement. Engineer shall be liable to City for all costs, losses, damages, and extra expense, including overhead, incurred by City incident to such completion. 10.3.4 If City wrongfully exercises its rights under Paragraph 10.3, City shall be liable to Engineer solely for the costs owing to Engineer following a te rmination of this Agreement for City’s convenience. 10.4 CITY’S RIGHT TO CARRY OUT THE WORK. If Engineer persistently fails to perform any of its obligations under this Agreement, City may, after seven (7) days’ written notice, during which period Engineer fails to complete such obligation, undertake to perform such obligations without terminating this Agreement. The Task Order Price shall be reduced by the cost of City performing such obligations. In the event City 81 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 11 of 13 507486\1006\00789371 exercises its rights under this Paragraph, upon request of Engineer, City shall provide a detailed accounting of the cost incurred by City. 11. OWNERSHIP OF DOCUMENTS Upon final payment or termination of this Agreement, Engineer and City own the property rights, except for copyrights, of all document s, drawings, specifications, electronic data, and information prepared, provided, or procured by Engineer or its Subcontractors and distributed to City for this Project ("Design-Build Documents") and shall have the right to use, reproduce , and make derivative works of the Design-Build Documents to complete the work and for subsequent renovation and remodeling of the work. 12. CLAIMS AND DISPUTES 12.1 CLAIMS. Except as otherwise provided in this Agreement, any claim or dispute concerning questions of fact which may arise under this Agreement will be presented to City in writing by Engineer. 12.1.1 In presenting a claim, Engineer will clearly and specifically state: (1) the Agreement provision under which the claim is made; (2) the item of Work on which the claim is based; and (3) the specific relief requested, including any additional time Engineer believes it is entitled to. 12.1.2 In presenting a claim, Engineer must provide a specific and detailed description of the basis for the claim, including the date of the event allege dly underlying the claim, all actions taken by Engineer in response to that event, and all actions taken by other parties in relation to that event. If Engineer seeks an adjustment in Task Order Price as a part of the claim, it must provide a detailed cos t accounting, with copies of all receipts, invoices, or payment records in support of that accounting. 12.1.3 In presenting a claim requesting adjustment of Task Order Price due to delay of Work, Engineer must provide a detailed schedule explaining the delay. In the event that the claim purports a delay of work caused by City, Engineer must provide a detailed schedule analysis explaining the nature of any disruption in Work that serves as basis for the claim, why City is responsible for any disruption and ensui ng delay, and that the alleged delay was not concurrent with some other delay in the Work. 12.1.4 If the amount of additional time to which Engineer is entitled cannot be readily ascertained at the time the claim is submitted, such calculations will be submitted as soon as they are discernible. In any case, the detailed claim, including all necessary supporting data, will be submitted to City’s Representative no later than thirty (30) days after completing the item of Work on which the claim is based. 12.2 DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through 82 DRAFT PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 12 of 13 507486\1006\00789371 direct discussions. If the dispute cannot be settled through direct discussions, any actions arising under this Agreement shall be instituted at the Superior Court for the State of Alaska at Anchorage. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. No claim, dispute, or controversy shall interfere with the progress and performance of Work required under this Agreement, and Engineer shall proceed as directed by City in all instances with its Work. 13. MISCELLANEOUS PROVISIONS 13.1 INTEGRATION. The Contract Documents represent the entire and integrated Agreement between the parties, and supersede prior negotiations, representations, or agreements, either written or oral. The Contract Documents may be amended or modified only by the procedure set forth herein. 13.2 INTERPRETATION. The rule of construction that terms of an agreement are construed against the party that drafted the agreement shall not apply to this Agreement. 13.3 INDEPENDENT ENGINEER. Engineer acts as an independent contractor to City and is not an agent, partner, or in a joint venture with the City in the performance of this Agreement. Engineer shall exercise exclusive control for the means, methods, techniques, and procedures in performance of the Work. 13.4 ASSIGNMENT. Neither City nor Engineer shall assign their interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 13.5 SEVERABILITY. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 13.6 COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. 13.7 TITLES. The titles given to the Articles and Paragraphs of this Agreement are for ease of reference only, and shall not be relied upon or cited for any other purpose. 83 DRAFTPROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT FOR THE 2017 SEWARD STORM SURGE DAMAGE REPAIRS Page 13 of 13 507486\1006\00789371 IN WITNESS WHEREOF, this Agreement has been duly executed as of the date first written above. CITY Date:____________________ CITY OF SEWARD By:_____________________________ Jeff Bridges, Interim City Manager Attest: _____________________________ Brenda Ballou, MMC, City Clerk ENGINEER: Date:____________________ PND ENGINEERS, INC By:_____________________________ Printed Name:____________________ Its: _____________________________ 84 2019 AML Priorities - Background 85 ALASKA MUNICIPAL LEAGUE @AlaskaMunicipal #AKMunicipalImpact AML’S LEGISLATIVE WATCH LIST Updated 2/1/2019 * For AML members 86 AML Mission: To represent the unified voice of Alaska’s local governments to successfully influence state and federal decision-making; to build consensus and partnerships to address Alaska’s challenges; and to provide training and joint services to strengthen Alaska’s local governments. Articles of Incorporation: •Perpetuate and develop the cooperation of municipalities and the practical study of municipal affairs •Promote application of the best methods in all branches of municipal service •Secure general and municipal legislation at the state and federal levels which will be beneficial to the municipalities and inhabitants thereof, and to oppose legislation injurious thereto •Safeguard the interests, rights and privileges of Alaskan municipalities •Provide means for municipal officials to exchange ideas, experiences, and obtain expert advice •Engage in the study and preparation of uniform ordinances, resolutions, and practices •Strengthen Alaskan local governments’ ability to govern their own affairs and improve the well- being and quality of life of their constituents ALASKA MUNICIPAL LEAGUE: MISSION 87 AML Principles • Support the Alaska Constitution’s mandate “to provide for maximum local self-government.” • Support policies that reduce tax burdens on local government and reimburse for State- mandated exemptions. • Support State revenue-sharing as an investment in and support for municipal governance. • Support adequate State funding for basic public services and infrastructure, such as: education, public safety, health, emergency services, and transportation that is necessary for strong and vibrant municipalities. • Oppose unfunded and underfunded State or Federal legislative and administrative mandates. • Oppose any efforts to reduce local revenues and local revenue authorities. • Oppose State or Federal policies that shift responsibilities to local governments without a negotiated agreement that includes adequate and full annual funding. ALASKA MUNICIPAL LEAGUE PRINCIPLES 88 Legislative Approach •AML evaluates legislation based on its impact to all members •AML does not support legislation that negatively impacts one member over another •AML does not support or oppose capital project requests, beyond broad support for improved infrastructure or maintenance •AML evaluates legislation based on concerns expressed by members •AML opposes legislation that adds costs to municipalities •AML works to amend legislation that would be difficult to implement •AML advances its priorities and resolutions consistent with member interests The following slides reflect legislation that impact or potentially impact municipalities, and during the legislative session we will update these to reflect that process and our advocacy. We encourage members to send us their stories –how would these or other bills impact you? ALASKA MUNICIPAL LEAGUE PRACTICE 89 AML Watch List: HB11 Bill #, Sponsor and Short Title: HB11 (Rauscher) -related to peace officers benefits Full Title: An Act relating to participation of certain peace officers in the defined benefit and defined contribution plans of the Public Employees’ Retirement System and Alaska; and providing for an effective date. Description: This bill would allow state troopers to opt into the PERS defined benefit plan, transferring defined contribution assets to that plan. Schedule: Unscheduled. Municipal Impact: Potential for other PERS issues to be brought into this; unsure of costs to municipalities and effect on overall net liability. AML Action: Identify potential impacts and learn more from APOA and APCA. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 90 AML Watch List: HB 17 and SB1 Bill #, Sponsor and Short Title: HB17 (Rauscher) and SB1 (Wilson)-related to Certificate of Need Full Title: An Act repealing the certificate of need program for health care facilities; making conforming amendments; and providing for an effective date. Description: This bill will have affect those municipalities that operate borough hospitals, as they are currently required to have a Certificate of Need. Schedule: Referred to Senate Health and Social Services. Chair, Wilson. Municipal Impact: Potentially beneficial for rural, municipal-owned hospitals; urban hospitals may object. Opens up the opportunity to add services and keeping people in the community, vs. sending them to urban hospital for service. Where economies of scale are inherently difficult to come by it prevents the over capitalization of significant pieces of the healthcare market whose costs would otherwise be passed along to end users. AML Action: Recommend amendment that keeps CON but waives associated fees. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 91 AML Watch List: HB25 Bill #, Sponsor and Short Title: HB25 (Sullivan-Leonard) -related to private police forces Full Title: An Act relating to the Alaska Police Standards Council; relating to the definition of 'peace officer'; and relating to private police organizations. Description: This bill would redefine peace officer to include employees of private police organizations. Private police officers would be able to “maintain order” and make arrests. Schedule: Unscheduled. Municipal Impact: Concern that municipalities would have little authority or oversight of private police; duplication and conflict where police powers have been adopted. AML Action: Incentivize municipalities to establish police powers, instead, and strengthen local law enforcement. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 92 AML Watch List: HB28 Bill #, Sponsor and Short Title: HB28 (Tarr ) -related to employer reporting and minimum wage Full Title: An Act relating to an annual report concerning the payment of equal pay for comparable work; increasing the minimum wage; and providing for an effective date. Description: This bill would require the minimum wage to raise from $9.75 per hour (as went into effect on January 1, 2019) to $15.00 an hour, effective in one year (January 1, 2020) and thereafter adjusted annually for inflation and based upon the CPI for the Anchorage Metropolitan area. It would also require the Executive Director of the Human Rights Commission to prepare an annual report regarding pay practices in the State. Schedule: Unscheduled. Municipal Impact: Costs to municipal employers. AML Action: Inform municipalities and encourage comments. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 93 AML Watch List: HB30 Bill #, Sponsor and Short Title: HB30 (Josephson) -related to workers compensation Full Title: An Act relating to the exclusiveness of liability of an employer in the case of death; relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to notice of workers' compensation death benefits; relating to the payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the payment of workers’ compensation death benefits for an employee without a surviving spouse or child; and providing for an effective date. Description: This bill would update workers compensation law and increase compensation upon disability, as well as extend benefits t other family members (see Sec 6(6)) Schedule: Unscheduled. Municipal Impact: Interest in employer liability and exclusiveness; problematic that benefits would extend beyond immediate family members. AML Action: Oppose extension of benefits but support some of the other updates. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 94 AML Watch List: HB32 Bill #, Sponsor and Short Title: HB32 (Kreiss-Tomkins) -related to energy efficiency loans Full Title: An Act making certain entities that are exempt from federal taxation under 26 U.S.C. 501(c)(3), (4), (6), (12), or (19) (Internal Revenue Code), regional housing authorities, and federally recognized tribes eligible for a loan from the Alaska energy efficiency revolving loan fund; relating to loans from the Alaska energy efficiency revolving loan fund; and relating to the annual report published by the Alaska Housing Finance Corporation. Description: This bill makes energy efficiency loans available to, additionally, tax exempt entities, tribes and regional housing authorities, and otherwise update eligibility language. Schedule: Unscheduled. Municipal Impact: Beneficial if it increases the number of organizations utilizing energy efficiency loans across the state, but may displace municipal interest. AML Action: Could suggest some sideboards in terms of municipal priority, or other criteria. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 95 AML Watch List: HJR1 Bill #, Sponsor and Short Title: HJR1 (Rauscher) -a Constitutional Amendment, related to prohibiting implementation of a broad-based tax Full Title: Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of a broad-based individual income tax or statewide general sales tax without the approval of the voters of the state. Description: This joint resolution prohibits the legislature from implementing a broad-based tax and calls for a vote by the public to decide on whether or not to “establish a broad-based individual income tax or a statewide general sales tax.” Schedule: Unscheduled. Municipal Impact: Inconsistent with AML stated fiscal plan, which includes broad-based tax. Deferring or prohibiting state revenue options increases the likelihood that funding for municipalities is unstable, inconsistent and decreasing. AML Action: Oppose. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 96 AML Watch List: SB5 Bill #, Sponsor and Short Title: SB5 (Stevens) -related to holding municipal assets in the Permanent Fund Full Title: An Act relating to management of certain municipal assets by the Alaska Permanent Fund Corporation. Description: This bill would be an “option” available to all municipalities if they have assets that they established under ordinance or charter; is a savings account; consists of only cash; and has at least $50,000,000. To allow the Permanent Fund Corporation to manage these funds, the municipality must pass a resolution. Schedule: Waiting for House sponsor. Municipal Impact: Potentially a positive tool for municipalities, but state-managed and potential to shift admin costs. AML Action: Identify municipal interests; work to refocus on expanding AMLIP opportunities. The better option would be to amend the AMLIP statute and increase opportunity for long term investment in a vehicle controlled by municipalities ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 97 AML Watch List: SB19 Bill #, Sponsor and Short Title: SB19 (Governor) -related to supplemental appropriations Full Title: An Act making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date. Description: This is the first “chapter” of the Governor’s capital budget, which will go through Legislative Committees and be changed many times before the end of session. Of note to municipalities are the listing of funds to be appropriated under the Department of Commerce and the Department of Environmental Conservation. Money is also appropriated in the amount of $5m the Harbor Grant Program. Schedule: Referred to Finance. Municipal Impact: Municipal funding included here will be beneficial to communities. AML Action: Monitor municipal funding and advocate as necessary. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 98 AML Watch List: SB20 Bill #, Sponsor and Short Title: SB20 (Governor) -related to the operating budget Full Title: An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Description: This is the first iteration of the Governor’s operating budget, which will also go through long process within the Legislature and change many times. Schedule: Referred to Finance. Municipal Impact: Of note in this bill will be Revenue Sharing through the PCE Endowment Fund, Alaska Land Mobile Radio ($4.2m), PERS/TRS on behalf payments ($159/$141m), public education funding, transportation funding, airport maintenance, etc. AML Action: Monitor and active lobbying to ensure these line items remain in the budget. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 99 AML Watch List: SB22 Bill #, Sponsor and Short Title: SB16 (Stevens) -related to aquaculture Full Title: An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; relating to application fees for salmon hatchery permits; and providing for an effective date. Description: This bill sets up regulations for shellfish operations. There will be an assessment on the projected value of the shellfish or on the pounds of shellfish harvested charged to fishermen who choose to participate in this fishery. This assessment shall provide sufficient revenue to cover debt service, reasonable operating expenses, reasonable maintenance expenses, and development of a reserve fund up to 100% of annual operating costs of the project. The assessment may not exceed 50% of the value of the shellfish. Schedule: Referred to Resources. Municipal Impact: May be opportunity to see additional revenues to coastal municipalities. AML Action: Amend to see explicit reference to assessment and/or harvest fees accrue to Fisheries Business Tax, with 50% to local government. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 100 AML Watch List: SJR4-6 Bill #, Sponsor and Short Title: SJR4, SJR 5, SJR6 (Governor) –Constitutional Amendments SJR 4 –Proposing amendments to the Constitution of the State of Alaska prohibiting the establishment of, or increase to, a state tax without the approval of the voters of the state; and relating to the initiative process. •This journal resolution, submitted by the Governor, requires the approval of the voters in order to establish or increase any tax. This also relates to a citizen’s initiative that attempts to establish a tax, in that the Legislature must then approve the initiated law by a resolution. SJR 5 –Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund and the permanent fund dividend. •This Senate resolution would add language to the permanent fund statutes that would require a portion of the income from the permanent fund would be transferred solely for dividend payments and no appropriation will be necessary. Also, all new eligibility requirements for the permanent fund cannot take place unless approved by the voters. SJR 6 –Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit; relating to the budget reserve fund and establishing the savings reserve fund; and relating to the permanent fund. •This resolution would repeal the process used by the Legislature currently to appropriate amounts for the permanent fund. This resolution would set new standards and regulations. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 101 AML Watch List: Public Safety HB 4 –An Act relating to assault in the third and fourth degrees; and relating to reckless endangerment. HB 9 –An Act relating to criminal law and procedure; relating to controlled substances; relating to victims of criminal offenses; relating to probation; relating to sentencing; relating to treatment program credit for time spent toward service of a sentence of imprisonment; relating to Violent Crimes Compensation Board; relating to permanent fund dividends; relating to electronic monitoring; relating to penalties for violating municipal ordinances; relating to parole; relating to community work service; relating to revocation, termination, suspension, cancellation, or restoration of a driver’s license; relating to the duties of the commissioner of corrections; relating to the duties of the Department of Health and Social Services; relating to civil in rem forfeiture actions; repealing Rules 38(d) and (e), Alaska Rules of Criminal Procedure; and providing for an effective date. HB 10 –An Act relating to misconduct involving a controlled substance; providing for substitution of judgement; and relating to sentencing. HB 14 –An Act relating to assault in the first degree; relating to sex offenses, relating to the definition of dangerous instrument;and providing for an aggravating factor at sentencing for strangulation that results in unconsciousness. HB 15 –An Act relating to sentencing for vehicle theft in the first degree. SB 3 –An Act relating to the crime of harassment; providing for an aggravating factor at sentencing for certain felonies committed for the sexual gratification of the offender; and relating to registration of sex offenders. (Senate Judiciary) SB 12 –An Act relating to assault in the first degree; relating to sex offenses; and relating to credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring. (Senate Judiciary) SB 15 –An Act relating to a petition to convene a grand jury; and repealing and reenacting Rule 16(b)(3), Alaska Rules of Criminal Procedure, concerning a prosecuting attorney’s duty to disclose favorable information to a defendant in a criminal proceeding. (Senate Judiciary) SB 32 –An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; relating to reports of involuntary commitment; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date. (This bill will be heard in Senate Judiciary on Wednesday, 02/06/19 at 1:30 p.m. and on Friday, 02/08/19 at 1:30 p.m.) SB 33 –An Act relating to pretrial release; relating to sentencing; relating to treatment program credit toward service of a sentence of imprisonment; relating to electronic monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date. (This bill will be heard in Senate State Affairs on Thursday, 02/07/19 at 3:30 p.m.) SB 34 –An Act relating to probation; relating to a program allowing probationers to earn credits for complying with the conditions of probation; relating to early termination of probation; relating to parole; relating to a program allowing parolees to earn credits for complying with the conditions of parole; relating to early termination of parole; relating to eligibility for discretionary parole; relating to good time; and providing for an effective date. (Scheduled for Senate State Affairs; Thursday, 2/7 at 3:30pm) SB 35 –An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to enticement of a minor; relating to harassment in the first degree; relating to harassment in the second degree; relating to indecent viewing or production of a picture; relating to the definition of “sexual contact;” relating to assault in the second degree; relating to sentencing; relating to prior convictions; relating to the definition of “most serious felony;” relating to the definition of “sexual felony;” relating to the duty of a sex offender or child kidnapper to register; relating to eligibility for discretionary parole; and providing for an effective date. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 102 AML Watch List: SB39 Bill #, Sponsor and Short Title: SB27 (Governor) –FY19 Supplemental Budget Full Title: An Act making supplemental appropriations, reappropriations, and other appropriations; amending appropriations; capitalizing funds; and providing for an effective date. Description: This bill would cut funding from the School Bond Debt Reimbursement ($2 million), school district/education ($20 million), VPSOs ($3 million), and AMHS ($13 million). It includes new funding for DEC to identify PFAS in communities. Schedule: Referred to Senate Finance. Municipal Impact: The bulk of these cuts are made to education and marine transportation, which directly impact local government and community access, affordability, and budget. AML Action: Oppose cuts to education, school bond debt reimbursement, school broadband, AMHS and VPSOs. Support inclusion of school bond debt reimbursement and PFAS. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 103 AML Watch List: Potential Impact HB2 (Rauscher) –related to relocating the capitol to Anchorage •Non-support HB13/SB7 (Rauscher) –related to waiver to establish work requirements for state medical assistance program •Implementation in smaller communities, medical assistance in rural Alaska HB20 (Tarr) -related to sexual assault exam kits; •Unsure of municipal police impact -implementation and cost Insurance HB 8 (Claman) –Related to excavator liability –sponsor attempting to address 811 engagement, and good practice; current statute already holds utility or landowner liable. HB21 (Tarr)–related to insurance coverage for contraceptives HB 29 (Spohnholz) –Related to insurance coverage for telehealth. ALASKA MUNICIPAL LEAGUE 2019 LEGISLATION 104 Alaska Municipal League Resolution #2019-1 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of the Alaska Municipal Leagues stated principles. WHEREAS, the Alaska Municipal League was founded in 1950 to “secure general and municipal legislation at the state and federal levels which will be beneficial to the municipalities and inhabitants thereof, and to oppose legislation injurious thereto”; and WHEREAS, the Alaska Municipal League has developed principles with which it evaluates State and federal action; and WHEREAS, the Alaska Municipal League supports the Alaska Constitution’s mandate to “provide for maximum local self-government”; and WHEREAS, the Alaska Municipal League supports policies that reduce tax burdens on local government and reimburse for State-mandated exemptions; and WHEREAS, the Alaska Municipal League supports State revenue-sharing as an investment in and support for municipal governance; and WHEREAS, the Alaska Municipal League supports adequate funding for basic public services and infrastructure, such as: education, public safety, health, emergency services, and transportation that is necessary for strong and vibrant municipalities; and WHEREAS, the Alaska Municipal League opposes unfunded and underfunded State or Federal legislative and administrative mandates; and, WHEREAS, the Alaska Municipal League opposes any efforts to reduce local revenues and local revenue authorities; and WHEREAS, the Alaska Municipal League opposes policies that shift State or Federal responsibilities to local governments without a negotiated agreement that includes adequate and full annual funding; and WHEREAS, the Alaska Municipal League believes the above describes a fair and equitable relationship between the State and political subdivisions; and WHEREAS, the Alaska Municipal League believes these principles are in the public interest. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League is committed to applying the above-stated principles to all relevant State and federal legislation, and to agency actions, in support of or in opposition to. 105 Alaska Municipal League Resolution #2019-02 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of the Alaska Municipal Leagues stated priorities. WHEREAS, the Alaska Municipal League is comprised of and responsive to the interests of 165 incorporated municipalities representing 97% of Alaskans; and WHEREAS, the Alaska Municipal League has identified State and federal priorities for 2019 that reflect the value that members place on League action; and WHEREAS, the Alaska Municipal League supports the pursuit of additional revenue options, including broad based taxes; and WHEREAS, the Alaska Municipal League supports PERS changes to include termination studies, periodic evaluation of and beneficial adjustment to the 2008 salary floor, and increased opportunity to leave PERS without penalty; and WHEREAS, the Alaska Municipal League supports additional investments into Community Assistance, including a long-term solution; and WHEREAS, the Alaska Municipal League supports full funding for and recalculation of small community population caps for PILT payments to Alaska municipalities; and WHEREAS, the Alaska Municipal League supports federal PILT payments, timber receipts tied to Safe and Secure Rural Schools, and infrastructure investments; and WHEREAS, the Alaska Municipal League opposes underfunding of Federal Assistance Programs including Medicaid, transportation, CDBG, SNAP, Medicare, Head Start, Title 1 Grants, WIC, CHIP, etc.; and WHEREAS, the Alaska Municipal League believes these priorities represent the highest-level attention to and response by State and Federal decision-makers; and WHEREAS, the Alaska Municipal League believes these priorities are in the public interest. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League calls on State and Federal policymakers to respect and respond to these priorities. 106 Alaska Municipal League Resolution #2019-03 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of the development of a Community Dividend. WHEREAS, community revenue sharing began in 1969 to help ease fiscal problems facing local governments, stabilize or reduce local property taxes, encourage local provision of public services, and stabilize local budgets and planning; and WHEREAS, revenue sharing has undergone significant and dramatic changes since 1969, leading to a situation in 2004 where all revenue sharing programs were proposed for elimination after years of reductions, which corresponded to increased property taxes, elimination of municipal services, and reduced capacity; and WHEREAS, the State of Alaska exempts itself from local taxes even though it uses local services and approximately $1.4 billion (2017) in property taxes are paid by local taxpayers to subsidize State operations; and WHEREAS, the Alaska Municipal League has been firm in its advocacy for the absolute necessity of a form of and enough revenue sharing that strengthens the capacity of municipal governments, alleviates the need for higher local taxes, and bolsters the delivery of public services; and WHEREAS, the recent fiscal crisis experienced by the State of Alaska made apparent the reality of cost-shifting to municipalities and the potential for State reductions to municipal budgets, particularly in the form of reduced or eliminated revenue sharing; and, WHEREAS, uncertainty at the State level – due either to limits to annual appropriations or the mechanism by which current Community Assistance funding is currently secured – necessitates a new way to approach revenue sharing; and WHEREAS a community dividend is a feasible method with which to reimburse local government for State tax exemptions, fund local contributions to education, replace revenue sharing or community assistance, and keep Alaska’s promises; WHEREAS, the earnings from the Alaska Permanent Fund are a credible and sustainable vehicle for such funding; and WHEREAS, the Alaska State Legislature considered this question in 2006, with support from many stakeholders, including the Alaska State Chamber of Commerce; and WHEREAS, a community dividend meets the State’s obligation to municipal governments and provides a sustainable pathway for maximizing local government. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League encourages the Alaska State Legislature to consider the development of a Community Dividend. 107 Alaska Municipal League Resolution #2019-04 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution requesting that the Alaska State Legislature fund the Senior Citizen’s/Disabled Veteran’s property tax exemption as required in AS 29.45.030(g). WHEREAS, in the 1980s, the State of Alaska imposed a mandate that required all municipalities that levy a property tax, to exempt the first $150,000 value of primary homes belonging to seniors and disabled veterans, from that property tax; and WHEREAS, property tax exemptions raise the property tax liability to those individuals who do not receive the benefits of those exemptions; and WHEREAS, the State of Alaska also passed law in statute that requires the State to reimburse municipalities for those exemptions; and WHEREAS, the State and Legislature have not funded this program and the municipal reimbursement since 1997; and WHEREAS, the State of Alaska has continued to require municipal exemptions; and WHEREAS, one of the primary duties of a municipality is to levy taxes in support of its corresponding obligations to provide public services, and most importantly public education; and WHEREAS, municipalities have the best understanding of citizen concerns and priorities, municipal budgets and should have sole authority to identify the need for and grant exemptions; and WHEREAS, Community Assistance provided to 164 municipalities has decreased to $30 million per year, the Senior Citizen's/Disabled Veteran's Property Tax exemption is now costing the 18 municipalities that levy a property tax a total of over $77 million per year. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the Alaska State Legislature fund the Senior Citizen's/Disabled Veteran's Property Tax exemption as required in AS 29.45.030(g). 108 Alaska Municipal League Resolution #2019-05 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of full funding from the State of Alaska for school bond debt reimbursement and State aid for construction in Regional Education Attendance Areas WHEREAS, the State of Alaska has a constitutional responsibility to “maintain a system of public schools” under Article 7, Section 1 of the Alaska Constitution; and WHEREAS, since 1970, the State of Alaska has encouraged municipalities to bond for school major maintenance projects by reimbursing municipalities with bonding authority for a fixed portion of principal and interest payments; and WHEREAS, the Alaska Legislature has, for decades, provided major maintenance for rural Regional Educational Attendance Area schools through appropriations in the annual capital budget; and WHEREAS, since 2010, the Legislature provided consistent funding parity for rural schools’ major maintenance needs by automatically funding major maintenance projects in areas without the ability to bond, with a percentage of the school bond debt reimbursement funding; and WHEREAS, relying on these programs and the State of Alaska’s obligations, Alaskan municipalities and Regional Educational Attendance Areas have maintained schools and fulfilled municipal responsibilities; and WHEREAS, in 2015, the Legislature placed a five-year moratorium on any new projects being eligible for school bond debt reimbursement, and shifted the sole responsibility of repayment to local taxpayers; and WHEREAS, some municipalities, in an effort to mitigate deterioration of school facilities during the capital funding moratorium, began allocating local tax revenues to provide funding for major deferred maintenance school projects; and WHEREAS, in 2016, the Legislature honored past project funding and appropriated funds to the municipalities for school debt reimbursement, as well as major maintenance funding for schools in Regional Educational Attendance Areas; and WHEREAS, in 2016, the Governor line-item vetoed 25% of the funding for both municipal and rural schools from appropriation bills; and WHEREAS, the potential for future vetoes places great uncertainty on this program and burden on municipalities. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League support full annual funding of school bond debt reimbursement and state aid for construction in Regional Educational Attendance Areas. 109 Alaska Municipal League Resolution #2019-06 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution supporting legislation adopting real property sales disclosure in Alaska. WHEREAS, the Alaska Municipal League supports the goal to promote the fair and equitable distribution of the property tax burden which funds local governments; and WHEREAS, Alaskans, municipalities and the State benefit from the assessment of fair and equitable values of real property within all taxing jurisdictions in the State of Alaska; and WHEREAS, an assessor is required, per AS 29.45.110, to assess all property at full and true value, as of January 1 of the assessment year. The full and true value is the estimated price that the property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer both conversant with the property and with prevailing general price levels; and WHEREAS, while the legal mandate for assessment at full and true value exists, the sales data that is necessary to determine full and true value is not readily available due to the lack of sales disclosure in the State of Alaska; and WHEREAS, the Legislative Research Services Division reported in 2014, that Alaska is one of six states for which sales disclosure for property exchanges are not disclosed; and WHEREAS, data is currently obtained from requests for voluntary sales information through questionnaires mailed in many jurisdictions, which result in incomplete, unreliable, and in some cases translated to inaccurate reflections of actual market value; and WHEREAS, sales disclosure would assist in the fair distribution of the tax burden to all taxpayers and would enhance the accuracy and the timeliness of assessments; and WHEREAS, sales disclosure would enhance the ability of assessment professionals to meet the full and true value mandate and would also aid the public in obtaining information in order to interact within local real estate markets; and WHEREAS, the lack of sales data in some jurisdictions limits the ability to fairly distribute the tax burden and also to fund local services; and WHEREAS, sales disclosure would enable property owners to gather data to provide support for legally entitled property tax appeals under AS 29.45.190. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the Alaska State Legislature to enact legislation requiring disclosures of all real property sales in the State of Alaska. 110 Alaska Municipal League Resolution #2019-07 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution supporting increased investment in the Alaska Renewable Energy Fund, and continued support for existing State energy and energy efficiency programs. WHEREAS, Alaska’s high cost of energy creates a burden for Alaskans and for local governments, school districts and public facilities; and WHEREAS, ensuring the safety and reliability of energy systems increases the security of Alaskan communities and the economy; and WHEREAS, the Alaska Municipal League has been consistent in its advocacy for the strategic development of energy resources, State programs that help to lower power and heating costs, and adequate long-term funding for energy investment; and WHEREAS, the Renewable Energy Fund – established in 2008 by the Alaska State Legislature – is a good example of a program that, if funded, provides public investment in the development of qualifying and competitively selected renewable energy projects in Alaska; and WHEREAS, the Alaska Renewable Energy Fund provides benefits to Alaskans by assisting communities across the state to reduce and stabilize the cost of energy; and WHEREAS, the program is designed to produce cost-effective renewable energy for heat and power to benefit Alaskans statewide, and ancillary benefits include job creation, leveraging local energy resources, and economic development; and WHEREAS, from 2008 to 2015, appropriations totaling $257 million were issued for Renewable Energy Fund projects, which was matched with hundreds of millions of dollars in funding from local sources to develop projects designed to reduce and stabilize the cost of energy; and WHEREAS, in 2016 and 2017 there were no State REF appropriations and no new projects were initiated in those years; the new formula created in 2015 for applying excess earnings from the PCE endowment was only in 2018 applicable, and continued lack of funding is a threat to the success of the program; and WHEREAS, new sources of funding should be applied to the Fund when PCE earnings do not meet the appropriate threshold for the effective development of and support for energy projects in Alaska. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the Governor and the Alaska State Legislature to increase investment in the Renewable Energy Fund; and BE IT FURTHER RESOLVED that the Alaska Municipal League additionally supports continued investment in State energy and energy efficiency programs, including the Revolving Loan Fund Program, Weatherization, Home Energy Rebate Program, Bulk Fuel Construction Program, and Rural Power System Upgrades. 111 Alaska Municipal League Resolution #2019-08 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution supporting the State’s implementation of a broad-based tax. WHEREAS, in response to a fiscal crisis caused by low oil prices and other circumstances, the State of Alaska has made significant headway in decreasing the overall size of government by reducing agency and programmatic spending; and WHEREAS, in 2018 the Alaska State Legislature took a positive step toward addressing additional revenue by allowing access to excess earning of the Permanent Fund; and WHEREAS, there remains a gap between revenues and current expenses, and an even more significant gap between revenues and the ability of the State to address fundamental challenges facing Alaska, including but not limited to public safety, education, infrastructure, and energy; and WHEREAS, the Alaska Municipal League in 2016 submitted a Sustainability Plan to the Legislature, some of which has been addressed; WHEREAS, the Alaska Municipal League has supported the implementation of a broad-based tax as part of a sustainable fiscal plan; and WHEREAS, the Alaska Municipal League understands an income tax as being able to 1) capture revenue from out-of-state employees, which is 20% of Alaska’s total payroll, 2) be deducted from federal income taxes, with a net neutral cost to Alaskans, and 3) give Alaskans a direct interest in state governance; and WHEREAS, the Alaska Municipal League believes that a statewide sales tax would 1) be feasible where no current sales tax exists, but 2) may erode the municipal tax base, thereby shifting revenue from one level of government to another, while undercutting the ability of local governments to deliver essential services; and WHEREAS, municipalities across Alaska have identified continued challenges related to increased expenses and community needs; and WHEREAS, municipalities across Alaska are concerned that lack of revenue at the State level will result in the inability to address essential public services that are important to Alaskans and to Alaskan businesses. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League supports the State’s consideration of a broad-based tax; and BE IT FURTHER RESOLVED that the Alaska Municipal League stands ready to work with the Alaska State Legislature to mitigate potential negative impacts, as necessary. 112 Alaska Municipal League Resolution #2019-09 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution requesting that Title 29 be amended to remove the audit requirement for Community Assistance, and provide a one-time waiver of past audit requirements, thereby releasing all outstanding Community Revenue Sharing/Assistance funds. WHEREAS, Alaska’s municipal governments consider community revenue sharing, now known as Community Assistance, an essential and fundamental component of their annual budget; and WHEREAS, municipalities are diverse and wide-ranging in their population size, budget composition, and state and federal statutory and regulatory requirements; and WHEREAS, AS 29.180.020 outlines the requirements necessary to receive Community Assistance funding, including, “if the municipality is a borough, unified municipality, or first class city, a copy of the annual audit reviewed by a certified public accountant”; and WHEREAS, the cost of completing an audit consistent with this requirement may represent 30- 50% of the annual funding received by a municipality from Community Assistance; and WHEREAS, the bulk of these municipalities are already required to complete an audit based on other state and federal funding requirements, and submission to DCRA can be encouraged; and WHEREAS, for the remainder, the audit requirement presents an additional bureaucratic burden that requires municipal governments to allocate funding to its fulfillment and away from delivery of services in the public benefit; and WHEREAS, there are more effective and cost-efficient ways in which to assure DCRA of a community’s overall health and compliance capabilities; and WHEREAS, the State has withheld and currently withholds payment of Community Revenue Sharing and now Community Assistance when the audit requirement, among others, is not met; and WHEREAS, many municipalities are desperately in need of access to those funds, which assist in general operations, strengthening administrative capacity, and contributing to education, energy and public safety needs; and WHEREAS, alleviating the costs of compliance for municipal governments increases overall the economic health of the state, decreases the need for increased local taxes, and reduces programmatic costs within the State. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the Alaska State Legislature amend Title 29 to remove the audit requirement for Community Assistance, and provide a one-time waiver of past audit requirements, thereby releasing all outstanding Community Revenue Sharing/Assistance funds. 113 Alaska Municipal League Resolution #2019-10 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution encouraging the Governor and Legislature to increase capacity within the Office of Management and Budget to evaluate costs to communities of State and Legislative budget and legislative actions, and to include a municipal impact fiscal note in all relevant legislation. WHEREAS, the State of Alaska’s Office of Management and Budget is an incredible resource for assessing current and potential budget action, including the impact of legislative actions; and WHEREAS, the Office of Management and Budget currently includes a director, three policy analysts, and seven budget analysts; and WHEREAS, each Office of Management and Budget analyst is responsible for different areas within the budget, mainly by Department, but also around a variety of State priorities and initiatives; and WHEREAS, the Office of Management and Budget does not currently have a dedicated analyst focused on municipal policy or budgets; and WHEREAS, the Alaska Municipal League has in the past called for a fiscal note to be included in all legislation, which would describe municipal impacts; and WHEREAS, it is essential that the Office of Management and Budget strengthen its capacity to be able to address this, and it is the position of the Alaska Municipal League that this not be added to the current workload of existing staff; and WHEREAS, the Office of Management and Budget is encouraged to coordinate its municipal analysis with the Division of Community and Regional Affairs and the Legislative Finance Division, including to potentially cost-share this position between agencies; and WHEREAS, strengthening the State’s capacity in this regard will improve the efficacy of all legislation, provide policymakers with the critical information they need to weigh costs and benefits of legislation and provide clarity to municipal governments. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the Governor and Alaska State Legislature increase capacity within the Office of Management and Budget to evaluate costs to communities of State and Legislative budget and legislative actions; and BE IT FURTHER RESOLVED that the Alaska Municipal League encourage consideration of a municipal impact fiscal note to be included in all relevant legislation prior to submission. 114 Alaska Municipal League Resolution #2019-11 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution requesting that the Governor and Alaska State Legislature provide a one-time payoff of PERS arrearages. WHEREAS, many of Alaska’s villages and smaller communities are under stress stemming from the State’s fiscal problems, lack of an underlying economy, and a range of other factors; and WHEREAS, these stresses manifest themselves as PERS arrearages, IRS liens, deficits, late payments, audit findings, grant reporting issues and other fiscal difficulties; and WHEREAS, debt presents barriers to accessing Community Revenue Sharing/Community Assistance, PILT payments, federal and state grant opportunities, bulk fuel loans, and other opportunities; and WHEREAS, the lack of access to those funds makes it even more difficult to fund payroll, including being able to pay into PERS and for past liability; and WHEREAS, more than forty (40) municipal governments and school districts are delinquent on PERS payments, with the ten (10) highest accounting for over $3 million collectively; and WHEREAS, this delinquency and debt is then distributed to other PERS pool participants, and felt not just by municipalities but by the State as well, resulting in greater on behalf payments; and WHEREAS, recognizing these communities as currently “stressed” and working to move them toward sustainability is an important goal of the Alaska Municipal League; and WHEREAS, a stressed community should be thought of in terms of the degree to which it may be out of compliance with State and/or federal financial, legal or statutory requirements; and WHEREAS, the State can play a significant role in assisting in the health of its communities; and WHEREAS, there are clear need to establish a level playing field by paying off those arrearages now, justified not only by ensuring community health but as long-term investments that save the State in its ongoing expenditures. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League encourages the Governor and the Alaska State Legislature fund a one-time payoff of PERS arrearages. 115 Alaska Municipal League Resolution #2019-12 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of Public Employee Retirement System (PERS) reform. WHEREAS, most members of the Alaska Municipal League contribute to the Public Employee Retirement System (PERS); and WHEREAS, included in Senate Bill 125 in 2008 was language requiring municipalities to pay termination costs and “below the floor costs” on the termination of a department, group, or classification of employees; and WHEREAS, those lay-offs that are made up of a department, group, or classification will result in a charge to local governments for the actual study, followed by charges for each of those employee’s past service cost for approximately 30 years; and WHEREAS, if the total base salary of any municipality falls below what it was in 2008 (the year of SB 125), then charges will be assessed on that drop, as well; and WHEREAS, these rules severely limit the ability of municipalities, , from being agile in the workplace, including eliminating no longer needed departments, groups, or classifications; and WHEREAS, these rules severely limit the ability of municipalities, , from creating new needed departments, groups, or classifications for fear of future termination studies and termination costs extending up to 30 years in the future; and WHEREAS, municipalities require agility and adaptability in the workforce to meet our changing needs. WHEREAS, with our current state fiscal crisis, municipalities may need to make reductions or increasing in the workforce; including entire departments, groups, or classifications of employees; and WHEREAS, the State of Alaska is not subject to these rules as an employer; and the State of Alaska is making serious considerations to reducing its workforce. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League supports reform in the Public Employee Retirement System (PERS), including the elimination of termination studies and all costs for reducing or eliminating departments, groups, or classifications of employees, as well as not inhibiting future additions of departments, groups, or classifications of employees. 116 Alaska Municipal League Resolution #2019-13 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of changing the transferability of limited entry salmon permits by allowing an additional name on the permit. WHEREAS, the number of limited entry salmon permits are leaving Alaska’s rural communities at an alarming rate; and WHEREAS, this trend is resulting in fewer economic opportunities and causing communities to shrink; and WHEREAS, the out-migration of permits has escalated mainly due to the “graying of the fleet;” and WHEREAS, the average age of a state fishing permit holder is 50 years; and WHEREAS, some limited entry permit holders may be reluctant to permanently transfer a permit to any heirs currently dealing with addiction; and WHEREAS, allowing an additional name of a person to be listed on limited entry salmon permits could help curb out-migration of permits from rural communities; and WHEREAS, one of the biggest obstacles new entrants wanting to pursue a career in fishing face is lack of capital and an established credit history to get started; and WHEREAS, allowing an additional name to be listed would allow permit holders to mentor up- and-coming fishermen in the community and transition them into the fisheries; and WHEREAS, allowing an additional name to be listed would eliminate the permit holder’s fear of losing the permit; and WHEREAS, allowing an additional name to be listed would allow the surviving spouse or beneficiary of a permit holder to maintain that permit in the spouse’s or beneficiary’s name and provide the individual the opportunity to sell salmon with no other ownership; and WHEREAS, given Alaska’s current fiscal crisis, it’s more important than ever to maintain and increase economic opportunities for individuals and families who are dependent on the fisheries. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League urges the Alaska Legislature to pass legislation redefining the transferability of limited entry salmon permits by allowing an additional name to be listed on permits to keep permits in rural communities. 117 Alaska Municipal League Resolution 2019-14 PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE 16th DAY OF NOVEMBER 2018. Signed: ____________________________ Attest: ________________________ President, Alaska Municipal League Executive Director, Alaska Municipal League A resolution in support of full funding ($7,409,439) for the State of Alaska Municipal Harbor Facility Grant Program in the FY 2020 State capital budget. WHEREAS, the Alaska Municipal League recognizes the majority of the public boat harbors in Alaska were constructed by the State during the 1960s and 1970s; and WHEREAS, these harbor facilities represent critical transportation links and transportation hubs for waterfront commerce and economic development in Alaskan coastal communities; and WHEREAS, these harbor facilities are ports of refuge and areas for protection for ocean-going vessels and fishermen throughout the State of Alaska, especially in coastal communities; and WHEREAS, the State of Alaska transferred ownership of most of these facilities – many of which were at or near the end of their service life at the time of transfer – to municipalities; and WHEREAS, the municipalities took over this important responsibility even though these harbor facilities were in poor condition due to the state’s failure to complete deferred maintenance; and WHEREAS, consequently, local municipal harbormasters inherited a major financial burden that their local municipal governments could not afford; and WHEREAS, in response to this financial burden, the Governor and the Alaska Legislature passed legislation in 2006, supported by the Alaska Association of Harbormasters and Port Administrators, to create the Municipal Harbor Facility Grant program, AS 29.60.800; and WHEREAS, the Alaska Municipal League is pleased with the Department of Transportation and Public Facilities administrative process to review, score and rank applicants to the Municipal Harbor Facility Grant Program, since state funds may be limited; 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, the Municipality of Anchorage, the City and Borough of Juneau, City of Ketchikan, City and Borough of Sitka, and the City of Angoon have offered to contribute $7,409,439 in local match funding for FY2020 as required 50% match by the Harbor Facility Grant Program; and WHEREAS, during the last ten years the backlog of projects necessary to repair and replace these former State-owned harbors has increased to over $100,000,000. NOW, THEREFORE BE IT RESOLVED, that the Alaska Municipal League urges full funding in the amount of $7,409,439 by the Governor and the Alaska Legislature for the State of Alaska’s Municipal Harbor Facility Grant Program in the FY 2020 State Capital Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. 118 Adopted by AML membership on November 16, 2018 AML Principles •Support the Alaska Constitution’s mandate “to provide for maximum local self-government.” •Support policies that reduce tax burdens on local government and reimburse for State- mandated exemptions. •Support State revenue-sharing as an investment in and support for municipal governance. •Support adequate State funding for basic public services and infrastructure, such as: education, public safety, health, emergency services, and transportation that is necessary for strong and vibrant municipalities. •Oppose unfunded and underfunded State or Federal legislative and administrative mandates. •Oppose any efforts to reduce local revenues and local revenue authorities. •Oppose State or Federal policies that shift responsibilities to local governments without a negotiated agreement that includes adequate and full annual funding. AML 2019 State of Alaska Legislative Priorities •Support the pursuit of additional State revenue options, including a broad-based tax •Support PERS changes to include termination studies, periodic evaluation of and beneficial adjustment to the 2008 salary floor, and increased opportunity to leave PERS without penalty. •Support additional investments into Community Assistance, including a long-term solution. AML 2019 Federal Congressional Priorities •Support full funding for and recalculation of small community population caps for PILT payments to Alaska municipalities. •Support federal PILT payments, timber receipts, funding for Safe and Secure Rural Schools, and infrastructure investments. •Oppose underfunding of Federal Assistance Programs including Medicaid, transportation, CDBG, SNAP, Medicare, Head Start, Title 1 Grants, WIC, CHIP, etc. AML 2019 Legislative Position Statements Municipal Governance (Title 29) •Support increased capacity within and professionalization of State tax assessment. •Support improvements to records retention, public records access, and public notice. •Support issuance of a municipal impact fiscal note within proposed legislation. Community Assistance and Revenue Sharing •Support a baseline floor of $60 million annually, and encourage a long-term, sustainable solution. •Support a method to waive debt, forgive loans, or otherwise bolster “stressed” communities. PERS/TRS Changes •Support amendments to termination studies and penalties for leaving PERS/TRS. •Support the development of a pathway to decrease overall unfunded liability. •Oppose any cost shift of the State “on behalf” payment over 22%. 119 Adopted by AML membership on November 16, 2018 Fiscal Policy • Support agency and programmatic efficiency and right-sizing, but oppose cost-shifting to municipalities and eliminating essential services. • Support the development of a broad-based tax to increase state revenue. Public Safety • Increase officer recruitment and retention. • Support and strengthen the VPSO program. • Support state efforts to decrease access to and impacts from opioids. Economic Development • Support increased investment in diversification and small business development. • Support increased investment in training and workforce development. • Support state responsiveness to local economic development planning. Education • Support early childhood education, career and technical education, and preparing, attracting and retaining qualified educators. • Support for accountability and assessment that meets federal requirements and maximizes local control. • Oppose any reduction in school funding and support investment in infrastructure and deferred maintenance. Fisheries • Support for appropriately funded DF&G and increased investment in fisheries research and outreach. • Support continued investment in port and harbor infrastructure. • Support an active role in federal fisheries management, and clean water, as well as transboundary negotiations. Energy • Support for vetting of and investing in energy projects, processes and programs that decrease energy costs Transportation • Support the establishment of an Alaska Transportation Fund that can be used to match or supplement federal funding, and invest in multi-modal transportation infrastructure. Minerals • Support responsible resource development and the reduction of investment barriers alongside improved environmental risk management. • Oppose additional state tax on mineral development and support robust local government property, or payment in lieu of, taxes. Water, Wastewater and Sanitation • Support increased State investment in maintenance and infrastructure upgrades. 120 ALASKA’S LOCAL GOVERNMENT State Commitments, Local Roles and Responsibilities Alaska’s municipal governments are incredibly diverse and face unique challenges. They are united in common purpose, to deliver essential services in the public interest. akml.org 121 Ken Graham Photography.com 122 1ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Alaska Municipal League AML Mission: To represent the unified voice of Alaska’s local governments; to successfully influence state and federal decision-making; to build consensus and part- nerships to address Alaska’s challenges; and to provide training and joint services to strengthen Alaska’s local governments. Further, AML will: • Perpetuate and develop the cooperation of munici- palities and the practical study of municipal affairs • Promote application of the best methods in all branches of municipal service • Secure general and municipal legislation at the state and federal levels which will be beneficial to the municipalities and inhabitants thereof, and to oppose legislation injurious thereto • Safeguard the interests, rights and privileges of Alaskan municipalities • Provide means for municipal officials to exchange ideas, experiences, and obtain expert advice • Engage in the study and preparation of uniform ordinances, resolutions, and practices • Strengthen Alaskan local governments’ ability to govern their own affairs and improve the well-being and quality of life of their constituents AML Principles • Support the Alaska Constitution’s mandate “to provide for maximum local self-government.” • Support policies that reduce tax burdens on local government and reimburse for State-mandated exemptions. • Support State revenue-sharing as an investment in and support for municipal governance. • Support adequate State funding for basic public services and infrastructure, such as: education, public safety, health, emergency services, and transportation that is necessary for strong and vibrant communities. • Oppose unfunded and underfunded State or Federal legislative and administrative mandates. • Oppose any efforts to reduce local revenues and local revenue authorities. • Oppose State or Federal policies that shift respon- sibilities to local governments without a negotiated agreement that includes adequate and full annual funding. Local Government Associations /AML Affiliates • Alaska Conference of Mayors http://www.akml.org/alaska-conference-of-mayors/ • Alaska Association of Municipal Clerks http://www.alaskaclerks.org/ • Alaska Government Finance Officers Association http://www.agfoa.com/ • Alaska Municipal Management Association http://www.alaskamanagers.org/ • Alaska Municipal Attorneys Association http://www.alaskamunicipalattorneys.org/ • Alaska Association of Assessing Officers • Alaska Association of Harbormasters & Port Administrators http://www.alaskaharbors.org/ • Alaska Fire Chiefs Association http://www.alaskastatefirefighters.org/ • American Planning Association – Alaska Chapter http://www.planning.org/chapters/alaska/ 123 2 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Purpose of Primer The Alaska Municipal League publishes the local government primer in order to educate policy makers, State and Federal officials, and the public about Alaska’s system of municipal governance. Decisions made by Congress and the State Legislature have a direct impact on local government interests and ultimately on the well-being of citizens. It is critical to understand the roles and responsibilities of local governments, and the differences not only between them but between them and other levels of government. Introduction to Local Government Constitutional Basics – Maximum Local Self-Government The delegates to the state’s Constitutional Convention wanted to avoid overlapping local government juris- dictions and ensure local control. A guiding principle was that they did not want to force a particular form of government on any community or region of the state. At the same time, delegates placed an emphasis on maximizing local self-government, which is the pur- pose of Article 10 of the Constitution. The Constitution articulates a system of local gov- ernment that would be flexible enough to allow local decision-making, while providing ways in which greater regional cooperation might occur. Thus, while the Constitution does not mandate the incorporation of local or regional governments, it does provide guidance as to the development of boroughs that are consistent with geography, economies and common interests. The Constitution also mandates that an agency be included within the executive branch to advise and assist local governments. Statutory Authorities – Title 29 Title 29 is State law that describes the classification, roles, responsibilities and other aspects of local gov- ernment in Alaska. Classifications occur both for boroughs (home rule, first, and second class) and cities (home rule, first, and second class). All local governments have certain fundamental duties such as conducting elections, holding regular meet- ings of the governing body, and taxation. Beyond that, the duties of a municipality in Alaska vary greatly based on their classification, inclusion or not in a borough, population size and geographic area. Title 29 is prescriptive in its delegation of powers to first- and second-class cities and boroughs. Home rule cities and boroughs have all legislative powers that their residents have agreed to, except for those prohibited by law. While a home rule municipality adopts a charter, subject to voter approval, a general law municipality is often unchartered (a general law city or borough may adopt a charter) and its powers are granted by state law. There are two active classes of general law cities and boroughs – first and second class. The differ- ence between the two classes of cities include taxing authority, responsibility for schools, and the powers and duties of the mayor. The differences between the two classes of boroughs are the manner in which they adopt additional powers. 124 3ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Alaska has 165 municipalities; 144 cities, 19 boroughs, and one federally incorporated reservation. In all, 97% of Alaskans live within an organized municipality. Fifteen of the nineteen organized boroughs levy a property tax, and some cities levy a property tax (12 within organized boroughs, 9 within the unorganized borough). Total property tax revenue in FY17 was $971,278,609. The majority of municipalities have implemented a sales tax. Ninety-five (95) cities and nine (9) boroughs have a sales tax, with a total revenue of $234,062,734. Additional taxes and fees include tobacco, raw fish, car rental, alcohol, and bed, and amount to $111,940,460. Municipal governments also receive revenue sharing and PILT funds from the State and Federal government, as well as grant funding from a variety of sources. In 2017, the total expenditures by local governments in Alaska was $2,426,798,991. Local governments serve 806,584 Alaskans, greater than Alaska’s population because within boroughs some residents are supported by two levels of local government. Municipalities contribute over 25% of direct education expenditures, with the total required local contribution of $256 million in 2018. Municipalities contributed an additional $230 million more that year than required. Municipalities employ approximately 20,000 Alaskans. Alaska has the nation’s five largest county-equivalents (boroughs). Our largest is equal to the next six largest non-Alaskan counties. Our smallest is bigger than three US states. In Alaska, municipalities are filling in where gaps appear in federal and state engagement and investment. This extends from public safety and emergency response, to transportation and fisheries management. The contributions of our municipal government can also be thought of in terms of area served – with more than half the state organized, local government is serving an area of 252,333 square miles. That’s almost 100,000 more than Alaska State land ownership. The North Slope Borough has more emergency response assets in the Arctic than the State of Alaska and the U.S. Federal government combined. Alaska’s municipal ports are some of the busiest in the nation, capturing six of the top ten spots in annual commercial fishery landings. There are 37 municipal-owned public power utilities. Municipalities operate 47 public libraries in Alaska. Municipalities collected an estimated $88.5 million in revenues from the out-of-state visitor industry in 2017, and municipal services supported 2,242,900 annual visitors. Table 1: Economic and Social Impact of Municipal Government in Alaska 125 4 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Boroughs and Unified Municipalities Organized boroughs are also municipal corporations and political subdivisions of the state. There are four classifications of organized boroughs: • Unified Home Rule (3) – may exercise all legislative powers not prohibited by law or charter • Non-Unified Home Rule (8) - may exercise all legislative powers not prohibited by law or charter • First Class (1) – may exercise any power not prohibited by law on non-area wide basis • Second Class (7) – must gain voter approval for authority to exercise non-area wide powers City and Borough Incorporated Borough Unicorporated Borough Powers and Duties Organized boroughs may provide services on three levels: areawide (throughout the borough), non-area- wide (that part of the borough that is outside of cities), and service areas (size and make-up vary). All organized boroughs have three mandatory powers: education, planning and land use regulation, and prop- erty assessment and taxation. Additionally, borough powers often include (see classification table for more information): • Transportation and solid waste • Water and air pollution control • Emergency management • Housing and economic development The Unorganized Borough The unorganized borough is not a municipal cor- poration or political subdivision of the State. This classification was intended to decentralize state ser- vices and foster local participation in administration within regions not ready (voters rejected it) or suited for organized borough status (namely, those with- out a tax base). The Alaska Constitution assigns the legislature all powers an assembly would have in the administration of the unorganized borough. The leg- islature is required to provide the mandatory borough services within the unorganized borough; education is delivered by the state through Regional Educational Attendance Areas (REAAs). 126 5ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Power Unified Municipality & Home Rule Borough First Class Borough Second Class Borough Public Education The borough or unified municipality must provide the service areawide in accordance with AS 14 Same as for a home rule borough Same as for a home rule borough Planning, Platting & Land Use Regulation The borough or unified municipality must exercise the powers areawide, but not necessarily in accordance with AS 29.40 The borough must exercise the powers areawide; in accordance with AS 29.40; the borough may allow cities to assume such powers within their boundaries Same as for a first class borough Provide Transportation systems, water & air pollution control, animal regulation Determined by charter or ordinance May be exercised on an areawide, nonareawide or service area based by ordinance May be exercised on an areawide or nonareawide basis by ordinance; approval from voters or property owners required for service area powers License Day Care Facilities Determined by charter or ordinance May be exercised on an areawide, nonareawide or service area basis by ordinance May be exercised on an areawide basis by ordinance; voter approval required for exercise on a nonareawide or service area basis Regulate Fireworks, provide solid & septic waste disposal, housing rehabilitation, economic development, roads & trails, EMS communications, regulate motor vehicles and development projects Determined by charter or ordinance May be exercised areawide upon approval of areawide voters or by transfer of powers from all cities; may be exercised by ordinance on a nonareawide or service area basis May be exercised areawide upon approval of areawide voters; or by transfer of powers from all cities; may be exercised by ordinance on a nonareawide basis; may be exercised on a service area basis with voter approval Hazardous Substance Control Determined by charter or ordinance Same as above Same as above Other Powers Not Prohibited Determined by charter or ordinance Same as above May be exercised areawide upon approval of areawide voters; or by transfer of powers from all cities and approval of nonareawide voters; may be exercised nonareawide upon approval of non-areawide voters; may be exercised on a service area basis with voter approval Table 2: Powers and Duties of Boroughs 127 6 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Power Unified Municipality & Home Rule Borough First Class Borough Second Class Borough Property Tax Limited to 30 mills except where a higher levy is necessary to avoid default on debt; voter approval to levy property taxes is required authority established by some charters Same as home rule except there is no charter; still, some general law boroughs have more limited taxing by local action Same as for a first class borough Sales Tax The rate of levy may be limited by charter; voter approval required to levy sales tax No limit exists on the rate of levy; however, voter approval is required to levy sales taxes Same as for a first class borough Assembly composition and apportionment Flexible; determined according to AS 29.20.060 rule borough Same as for a home May be exercised on an areawide or nonareawide basis by ordinance; approval from voters or property owners required for service area powers Election and term of Mayor Established by charter or ordinance AS 29.20.120 Elected at large for a 3-year term, unless a different term not to exceed 4 years is provided by ordinance Veto Power of the Mayor Established by charter or ordinance May vote to break a tie vote only if the borough has a manager form of government Ability to attain Home Rule status Already has home rule status Voters may adopt home rule charter Would require adoption of home rule charter Source: DCCED 128 7ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Cities A city can be within an organized borough or within the unorganized borough. All cities are municipal corporations and political subdivisions of the state. Typically, cities do not include large geographical regions or unpopulated areas. Classifications of cities include: • Home Rule – 400+ permanent residents; legislative powers not prohibited by law or charter • First Class – 400+ permanent residents; state law defines powers, duties and functions • Second Class – 25+ permanent residents; state law defines powers, duties and functions Home Rule Cordova • Fairbanks • Kenai • Ketchikan • Kodiak • Nenana • North Pole • Palmer • Seward • Soldotna • Valdez First Class Craig • Dillingham • Galena • Homer • Hoonah • Hydaburg • Kake • King Cove • Klawock • Nome • Pelican • Saint Mary’s • Sand Point • Seldovia • Tanana • Unalaska • Utqiaġvik • Wasilla Second Class Adak • Akhiok • Akiak • Akutan • Alakanuk • Aleknagik • Allakaket • Ambler • Anaktuvuk Pass • Anderson • Angoon • Aniak • Anvik • Atka • Atqasuk • Bethel • Bettles • Brevig Mission • Buckland • Chefornak • Chevak • Chignik • Chuathbaluk • Clark’s Point • Coffman Cove • Cold Bay • Deering • Delta Junction • Diomede • Eagle • Eek • Egegik • Ekwok • Elim • Emmonak • False Pass • Fort Yukon • Gambell • Golovin • Goodnews Bay • Grayling • Gustavus • Holy Cross • Hooper Bay • Houston • Hughes • Huslia • Kachemak • Kaktovik • Kaltag • Kasaan • Kiana • Kivalina • Kobuk • Kotlik • Kotzebue • Koyuk • Koyukuk • Kupreanof • Kwethluk • Larsen Bay • Lower Kalskag • Manokotak • Marshall • McGrath • Mekoryuk • Mountain Village • Napakiak • Napaskiak • New Stuyahok • Newhalen • Nightmute • Nikolai • Nondalton • Noorvik • Nuiqsut • Nulato • Nunam Iqua • Nunapitchuk • Old Harbor • Ouzinkie • Pilot Point • Pilot Station • Platinum • Point Hope • Port Alexander • Port Heiden • Port Lions • Quinhagak • Ruby • Russian Mission • Saint George • Saint Michael • Saint Paul • Savoonga • Saxman • Scammon Bay • Selawik • Shageluk • Shaktoolik • Shishmaref • Shungnak • Stebbins • Teller • Tenakee Springs • Thorne Bay • Togiak • Toksook Bay • Unalakleet • Upper Kalskag • Wainwright • Wales • Whale Pass • White Mountain • Whittier Organized Under Federal Law Metlakatla Indian Community Powers and Duties Important city powers described under Title 29 include (see classification table for more information): • Public education (Unorganized Borough) • Planning, platting, land use (Unorganized Borough) • Property and sales tax authority • Composition of council • Election and term of officers • Eminent domain 129 8 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Table 3: Powers and Duties of Cities Power Home Rule City First Class City Second Class City References Public Education City in unorganized borough must provide service in accordance with AS 14; city not permitted to do so within organized boroughs Same as Home Rule City City not allowed to provide service under any circumstances AS 29.35.260(b) Planning, Platting & Land Use Regulation Cities in unorganized boroughs must exercise the powers; if in an organized borough, it may be permitted by borough to exercise the powers Same as for a Home Rule City, except exercised in accordance with AS 29.40 (governance by assembly) The City is not required to exercise powers, but may be permitted in the manner described for First Class Boroughs AS 29.35.260(c) AS 29.35.260(c) Property Tax City may tax up to 30 mills, except where a higher levy is necessary to avoid default on debt; some home rule municipal charters require voter approval to authorize the levy of property taxes The City may tax up to 30 mills except where a higher levy is necessary to avoid default on debt; voter approval is not required by statute, however, some general law municipal governments have more restrictive limitations imposed at the local level The City may tax up to 20 mills, except where a higher levy is required to avoid default; voter approval is required AS 29.45.550 AS 29.45.590 Sales Tax The rate of levy may be limited by charter; requirements for voter approval may also be set by charter. There is no limit on the rate of levy sales taxes; however, voter approval is required Same as for a First Class City AS 29.45.700 Other Powers Possess all legislative powers not prohibited by law or charter May exercise other powers not prohibited by law May exercise other powers not prohibited by law Art. X, S 11, AK Const., AS 29.35.250 City Council Composition Determined by charter or ordinance Six members selected at large, except the council may provide for election other than at-large Seven members elected at large, except the council may provide for election other than at-large AS 29.20.130 Election and Term of Mayor Determined by charter or ordinance Elected at large for a 3-year term, unless a different term not to exceed four years is provided by ordinance Elected from the City Council for a 1-year term, unless a longer term is provided by ordinance; mayor is selected by council (or by voters upon adoption of ordinance) AS 29.20.230 130 9ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Power Home Rule City First Class City Second Class City References Vote by Mayor Determined by charter or ordinance May vote to break a tie vote on the City Council Votes on all matters AS 29.20.250 Veto Power of Mayor Determined by charter or ordinance except veto is not permitted on ordinance prohibiting possession of alcohol Has veto power with the same exception noted for Home Rule Cities Has no veto power AS 29.20.270 Power of Eminent Domain Permitted by statute Permitted by statute Permitted, but requires voter approval AS 29.35.030 Ability to Attain Already has home Home Rule Status Already has home rule status Voters may adopt Home Rule Charter May not adopt Home Rule Charter without first reclassifying to a First Class City AS 29.10.010 Source: DCCED 131 10 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Issues that Impact Alaska’s Municipalities Municipal Governance (Title 29) State statutes regarding municipal governance should reflect the Constitution’s intent to maximize local self-governance, understood to mean strengthening the capacity and effectiveness of local governments. Further, decision-making at the local level is most responsive to Alaskans’ interests. To this end, AML: • Supports increased capacity within and profession- alization of State tax assessment. • Supports improvements to records retention, public records access, and public notice. • Supports issuance of a municipal impact fiscal note within proposed legislation. Community Assistance and Revenue Sharing Revenue sharing was originally conceived as a way in which to share state resource wealth with local gov- ernment, thereby ensuring that all areas of the state have basic public services and reasonably equitable and stable local tax rates. While Alaska has had a reve- nue sharing program since 1969, it has had numerous changes over the years, including in 2017 to rename the program Community Assistance. Funding has been inconsistent over the years but is a priority for Alaska’s municipalities. To ensure its continued inclusion in the budget, AML: • Supports a baseline floor of $60 million annually, and encourage a long-term, sustainable solution. • Supports a method to waive debt, forgive loans, or otherwise bolster “stressed” communities whose revenue sharing funds are withheld. PERS/TRS Changes In recognition of the State’s responsibility for the majority of the unfunded pension and health ben- efit liability, in 2008 the State amended its statues regarding employer contributions to PERS and TRS, placing a cap on employer contributions at 22% of payroll and TRS contributions at 12.56% of payroll, with the State accepting responsibility for any costs in excess of this amount (the “on behalf” payment). The unfunded liability, and the state’s “on behalf” payment, remains contentious, and a budget line item that is frequently focused on by State officials and legisla- tors. Understanding the history of PERS – and the State’s responsibility – is important in this context. For municipalities, many have become “prisoners of PERS” – unable to leave without a costly termination study and still the unfunded liability to address. Uncertainty related to the PERS pool of participants as well as investment returns is a real concern for most munici- palities. AML: • Supports amendments to termination studies and penalties for leaving PERS/TRS. • Supports the development of a pathway to decrease overall unfunded liability. • Opposes any cost shift of the State “on behalf” payment over 22%. Fiscal Policy Municipal fiscal health is often a direct reflection of state fiscal health. If the state reduces its overall budget or revenue sharing, or shifts costs or responsibilities to municipalities, local governments either must draw from savings, raise local taxes, or become unable to deliver essential public services. Therefore, it is imper- ative that the state approach its fiscal policy with the utmost concern for impacts to the economy and political subdivisions of the state. If there is no capital budget, then infrastructure and economic develop- ment suffers. Reductions in the state’s budget cannot come at the expense of local government, and AML: • Supports agency and programmatic efficiency and right-sizing but opposes cost-shifting to municipali- ties and eliminating essential services. • Supports the development of a broad-based tax or other mechanisms to increase state revenue. 132 11ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Public Safety and Emergency Response Municipal governments play an essential role in deliv- ering public safety to Alaskans. The majority of first responders are municipal employees and volunteers, and municipalities spend more on public safety than the state. The partnership between the federal, state and local governments must be strategic and respon- sive to threats to public safety, emergency response and the long-term well-being of Alaskans. AML encourages the state to: • Increase officer recruitment and retention. • Support and strengthen the VPSO program. • Decrease access to and impacts from opioids. Economic Development Local governments are often at the heart of economic development in a community, providing an employee base as well as programmatic and infrastructure investments. Many municipalities have economic devel- opment arms, as well, which foster economic activity and support innovation and entrepreneurship. AML: • Supports increased investment in diversification and small business development. • Supports increased investment in training and work- force development. • Supports state responsiveness to local economic development planning. Education The state’s constitution requires the legislature to establish and maintain a system of public schools. However, state statute assigns to local government the shared responsibility to contribute to that maintenance. Municipal investment makes up 25% of school funding in Alaska, without which many school districts would struggle to operate. AML: • Supports early childhood education, career and technical education, and preparing, attracting and retaining qualified educators. • Supports accountability and assessment that meets federal requirements and maximizes local control. • Opposes any reduction in school funding and support investment in infrastructure and deferred maintenance. Fisheries Alaska’s port and harbors represent critical transpor- tation links and economic drivers for the state, as well as public safety assets. The state transferred ownership of the majority of these facilities to municipalities, who have assumed the operational costs but for whom the maintenance and improvements are challenging. At the same time, Alaska’s coastal communities are dependent on an active and well-managed commer- cial fishery. AML: • Supports appropriately funded DF&G and increased investment in fisheries research and outreach. • Supports continued investment in port and harbor infrastructure. • Supports an active role in federal fisheries manage- ment, and clean water, as well as transboundary negotiations. Energy The high costs of heat and power in most of Alaska presents a burdensome transactional cost to doing business or providing public services. While Power Cost Equalization (PCE) is a reliable effort to stabilize and bring down costs for residents, there remains an incredible challenge to increase affordable energy in Alaska. Most local governments have identified the cost of energy as a primary detrimental influence affecting quality of life and economic expansion within their communities. AML: • Supports vetting of and investing in energy projects, processes and programs that decrease energy costs 133 12 ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT Transportation Alaska’s transportation infrastructure is pivotal to the state’s economy and facilitates access to markets, supplies, and most of all, resources. Improving and investing in Alaska’s air, marine, and ground transpor- tation system will enhance the global competitiveness of Alaska business and economic opportunities for its people. Alaska needs new transportation infrastructure development to provide access to resources, reduce barriers for communities to participate in the econ- omy, allow for safe and efficient transportation for all Alaskans, and to dramatically improve Alaskan’s quality of life statewide. It is equally important to ensure the maintenance of our existing infrastructure. AML: • Supports the establishment of an Alaska Transportation Fund that can be used to match or supplement federal funding and invest in multi- modal transportation infrastructure. Minerals Alaska’s size and complex geology provide immense opportunity for a wide variety of minerals to occur, including coal, gold, copper, silver, molybdenum, zinc, and rare earth minerals. Unfortunately, size and geography present disadvantages, and include the distances from markets, lack of road systems to move the material, and in some cases, the lack of technology to develop and process the mineral. All these factors raise the cost of production and make it harder for the industry to compete with other parts of the U.S. and the world. Municipal government benefit from mineral development in a variety of ways, but where there is mining, there is a healthy local government. AML: • Supports responsible resource development and the reduction of investment barriers alongside improved environmental risk management. • Opposes additional state tax on mineral devel- opment and supports robust local government property, or payment in lieu of, taxes. Water, Wastewater and Sanitation The delivery of water, wastewater and sanitation are the responsibility of many municipalities, and while improvements have been made in much of the state, more than 30 rural communities have no centralized water or wastewater systems. These are essential func- tions of local government and are supplemented by state investment and efforts. AML: • Supports increased State investment in mainte- nance and infrastructure upgrades. 134 Federal Priorities The federal government has created many laws and regulations under which Alaska’s municipalities must operate. Though many of these laws are created with good purpose and may have good reasons behind their implementation, many become challenging for local government because of climate, distance and costs. Blanket nationwide laws, for instance, create additional expenses and work for municipalities. Unfunded federal (or state) mandates are a threat to municipal governance in Alaska. Additional requirements of a municipality, when not reimbursed, result in a loss of capacity to deliver services to community members. After federal logging restrictions, municipalities that had historically relied on the timber industry for their economies were provided with funds that helped them keep their schools open and their roads main- tained (Secure Funding for Rural Schools Act). Every year Alaskans must make the case for SRS funding to continue through the U.S. Forest Service, roughly $10 million annually. At the same time, federal lands are tax-exempt, and Alaska municipalities lose a sizeable amount of poten- tial revenue due to the loss of taxable land owned by the federal government. That revenue loss has been reimbursed to municipalities through a Payment in Lieu of Taxes (PILT) program operated through the Department of Interior, which is equal to state revenue sharing payments of $30 million. Alaska’s municipalities have identified a number of priorities for 2019, including: • Support full funding for and recalculation of small community population caps for PILT payments to Alaska municipalities. • Support federal PILT payments, timber receipts, funding for Safe and Secure Rural Schools, and infrastructure investments. • Oppose underfunding of Federal Assistance Programs including Medicaid, transportation, CDBG, SNAP, Medicare, Head Start, Title 1 Grants, WIC, CHIP, etc. These programs represent important funding streams for municipalities, which supplement and augment state funding. Federal Advocacy NACo - AML belongs to the National Association of Counties (NACo), which represents all 19 Alaska boroughs as it advocates for county interests in Washington, DC. AML and NACo lobby extensively on, especially, public lands issues, including PILT and SRS, as well as broader topics of economic develop- ment, emergency response and federal preemption (unfunded mandates). NLC - AML belongs to the National League of Cities and contributes the perspectives of Alaska’s 146 cities to national policy-making. AML and NLC lobby exten- sively on issues that include housing, opioid response, public safety, telecommunications, economic develop- ment and federal preemption. 13ALASKA MUNICIPAL LEAGUE ALASKA’S LOCAL GOVERNMENT 135 akml.org For more information contact AML: Nils Andreassen, Executive Director nils@akml.org and 907-586-1325 One Sealaska Plaza, Suite 200 Juneau, AK 99801 AML and ACoM Board List AML OFFICERS • Tim Navarre, President – Vice Mayor, City of Kenai • Stuart Graham, 1st Vice President – Council, City of Wasilla • Pete Petersen, 2nd Vice President – Assembly, Municipality of Anchorage AML DIRECTORS • Jan Hill, District 1 – Mayor, Haines Borough • Loren Jones, District 2 – Assembly, City & Borough of Juneau • Lisa Parker, District 3 – Council, City of Soldotna • Sabrena Combs, District 4 – Council, City of Palmer • Suzanne LaFrance, District 5 – Assembly, Municipality of Anchorage • Jeremy O’Neil, District 6 – Mayor, City of Valdez • Jim Matherly, District 7 – Mayor, City of Fairbanks • Walter Sampson, District 8 – Assembly, Northwest Arctic Borough • Fred Watson, District 9 – Mayor, City of Bethel • Scott Smiley, District 10 – Assembly – Kodiak Island Borough • John Whiddon, Director At Large – Council, City of Kodiak AML IMMEDIATE PAST PRESIDENTS • Pat Branson (2018) – Mayor, City of Kodiak • Clay Walker (2017) – Mayor, Denali Borough • Hal Smalley (2011) – Assembly Member, Kenai Peninsula Borough • Bert Cottle (2010) – Mayor, City of Wasilla AML Affiliate Representatives • Mayor David Landis, Ketchikan Gateway Borough, NACo Representative • Charles Davidson, City of Kodiak, NLC Representative • Shellie Saner, MMC, City of Soldotna, AAMC Representative • Deven Mitchell, Municipal Bond Bank Authority, AGFOA Representative • Jim Hunt, City of Whittier, AMMA Representative • Jill Dolan, Fairbanks North Star Borough, AMAA Representative • Jim Styers, Fairbanks Fire Department, AFCA Representative • Marty McGee, State Assessor, AAAO Representative ALASKA CONFERENCE OF MAYORS • Mayor Jan Hill, Haines Borough – President • Mayor Richard Beneville, City of Nome – 1st Vice-President • Mayor Bryce Ward, Fairbanks North Star Borough – 2nd Vice-President • Mayor Joshua Verhagen, City of Nenana (<2,500) • Mayor Mark Jensen, Petersburg Borough (2,500-10,000) • Mayor Ethan Berkowitz, Municipality of Anchorage (>10,000) • Mayor Dan O’Hara, Bristol Bay Borough (Past President) • Mayor Glen Alsworth, Lake and Peninsula Borough (Past President) 136 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2018-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2019 CITY LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top legislative priorities; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts;and WHEREAS, the list of projects are compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyists;and WHEREAS,the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. This list of city projects is hereby declared to be the official City priority list for the City of Seward for calendar year 2019: A. PORT, HARBOR, AND INDUSTRIAL AREA 1. $500,000 to pave the apron and add a wash down pad at the 50-Ton Travelift. 2. $1,000,000 for storm water discharge infrastructure at the Seward Marine Industrial Center. 3. $1,241,250 for JAG Shipyard Environmental Discharge Controls. 4. $200,000 for engineering and design to replace failing infrastructure in the Seward Boat Harbor, including K and L Floats. 5. $200,000 to extend electrical power to X Float. 6. $500,000 for a 5-ton crane at or near I Dock. 7. $250,000 for security infrastructure for city vessel storage yard at the Seward Marine Industrial Center. B. PUBLIC FACILITIES & INFRASTRUCTURE LI. $250,000 for initial design and engineering of a new 100' x 80' metal building to replace and relocate the existing Public Works Shop (City will provide land for the 137 CITY OF SEWARD,ALASKA RESOLUTION 2018-094 newbuilding). 2. $1,000,000 for major maintenance and repairs at the Alaska SeaLife Center. 3. $500,000 for roof repairs at the Alaska SeaLife Center. 4. $200,000 for design and engineering of an indoor multi-use facility. 5. $500,000 to upgrade windows and the building envelope at City Hall. C.ELECTRIC 1. $8 million to design and rebuild the electric transmission line from the Seward Highway to the Seward Marine Industrial Center facility and upgrade the Spring Creek substation by securing an alternative feed transformer to add capacity and reduce system outages, and provide continuous service during maintenance periods. 2. $1.5 million to repair and replace one mile of transmission line into the Fort Raymond Substation with 115kV compatible equipment (This is a project supported by the Alaska Railbelt Cooperative Transmission and Electric Company (ARCTEC) because the current condition of the transmission line exceeds the estimated life expectancy of 50 years). 3. $2 million to rebuild obsolete and aging infrastructure and add new infrastructure with the expanding Camelot Subdivision where development and growth require the new updated system. 4. The City is requesting $12 million to upgrade transmission conductors and substation transformers to improve the system's capacity to 115kV over existing 69kV capacity. This would help unify the transmission system for the entire community and expand the system's capabilities, allowing higher capacity projects into the future. D. ROADS,STREETS,AND ADA ACCESSIBILITY 1. $300,000 for improving City infrastructure for ADA accessibility. 2. $ 2.9 million for design, engineering and construction to protect Lowell Point Road from further coastal erosion. This road is the sole land access to critical public infrastructure, State Parks trailhead, businesses,and the community of Lowell Point. E. PUBLIC SAFETY 1. Up to $250,000 for a needs assessment and conceptual design and engineering for a replacement Seward Fire Station. The City is experiencing growth on the west side fuel farm expansion and homes) and in the Seward Marine Industrial Center (City will provide a match of land). 2. Up to $250,000 for initial design and engineering of a Public Safety Building (City will provide a match of land). 3. $1 million for a new animal shelter that is used by City and Borough citizens (City will provide a match of land). 138 CITY OF SEWARD, ALASKA RESOLUTION 2018-094 L F. BENEFICIAL LEGISLATION 1. Support for feasibility analyses considering pipeline or multi-modal delivery methods of making natural gas available to communities not currently along a pipeline corridor, and using Seward's road/rail/barge connections as demonstration projects. 2. Support public/private partnerships to encourage both residential and commercial land development. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of December, 2018. THE CITY OF SEWARD, ALASKA Sue McClure, Vice Mayor L AYES: Osenga, Horn, Towsley, Lane, McClure NOES: None ABSENT: Seese, Squires ABSTAIN: None ATTEST: 4 AI L .4. IZd,Y '_ _ B enda J. Bal ou MC City Clerk City Seal,``.po. 'S,i'4,,Z4'` Y I SEAL qrky., OFA,V`'` 139 Meeting Date: To: From: Agenda Item: Agenda Statement December 10, 2018 City Council JeffBridges, Interim City Mana Calendar Year 2019 City, State eral Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focusesthe effortsof the Administration in our lobbying effortas we seek fundingor other resolutions both through the State of Alaska and Federal sources. This year the three lists include projects that are in the planning phase and/or may qualify forgrants in addition to some projects with which Council is familiar. In order to quality formost grants, the City must include these projects on the City priority list. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation fromthe State and Federal sources to improve the City of Seward. To qualify formost appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council. CONSISTENCY CHECKLIST: 1 Comprehensive Plan Sections 3.1 Economic Development 2 Strategic Plan Entirety 3 Other (list): FISCAL NOTE: NIA Approved by Finance Department: .J(,u"ai;i;;;:, Jvi..,J.u,-,? Yes No NIA X X X ATTORNEY REVIEW: Yes ___ No ____ Not Applicable ___ X ____ RECOMMENDATION: Council approve Resolutions 2018-, 2018-, and 2018-, approving the City of Seward's Calendar Year 2019 City, State and Federal Priorities. City Priorities Res 18-094 State Priorities Res 18-095 Federal Priorities Res 18-096 44140 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2018-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2019 STATE LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top legislative priorities;and WHEREAS, the list of projects are compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough,and City of Seward lobbyists; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts;and WHEREAS,the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. This list of city projects is hereby declared to be the official State priority list for the City of Seward for calendar year 2019: A. BENEFICIAL LEGISLATION 1. Legislative support for maintaining the current level of State contributions into the PERS/TRS Retirement System on behalf of local governments, and for not extending the amortization period, in order to offset unfunded retirement system liabilities and to make future contribution rates more affordable for the state and local governments. 2. Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels. 3. Legislative support for continuing Alaska Energy Authority (AEA) programs that promote energy efficiency and conservation to help mitigate the costs of heating homes and businesses not served by natural gas. 4. Legislative support for feasibility analyses considering pipeline or multi-modal delivery methods of making natural gas available to communities not currently along 141 CITY OF SEWARD, ALASKA RESOLUTION 2018-095 a pipeline corridor, and using Seward's road/rail/barge connections as demonstration projects. 5. Legislative support for matching City funds towards the non-Federal 50% cost share of the U.S. Army Corps of Engineers study required to address the Lowell Canyon Diversion Tunnel hazard. The City currently owes$ 266,022. 6. Continued support for the State Department of Transportation and Public Facilities Municipal Harbors Grant Program. 7. Full funding of the Alaska Police Standards Council in order to return to full reimbursement of Police Recruit training costs. 8. Full funding of the Alaska Department of Corrections in order to return 100% of the operational costs of the Jail to the State of Alaska. 9. Full funding of the Alaska Department of Corrections in order to continue State operation of the Spring Creek Correctional Center, the only maximum-security prison in the State of Alaska. 10. Full funding of the Alaska Vocational Technical Center (AVTEC) in order to continue vocational training and investment in local communities and trades. The City seeks support for AVTEC as it provides students with skills and career paths that benefit the State and local economy. 11. Legislative support for expanding access to mental health and substance use disorder treatment and recovery, to include expansion and renovation of the SeaView Community Services existing behavioral health treatment facility. B. CAPITAL PROJECTS Recognizing the current government sector fiscal reality and its potential private sector economic impacts, the City of Seward is limiting its capital improvement project requests to those where the State's participation would leverage other significant funding, complete projects already underway, address projects of immediate life and safety, and enable projects that could be eligible under a statewide bond package if the State pursues and the voters approve such a plan. 1. $8 million to design and rebuild the electric transmission line from the Seward Highway to the Seward Marine Industrial Center facility and upgrade the Spring Creek substation by securing an alternative feed transformer to add capacity and reduce system outages, and provide continuous service during maintenance periods. 2 $12 million to upgrade transmission conductors and substation transformers to 142 CITY OF SEWARD, ALASKA RESOLUTION 2018-095 improve the system's capacity to 115kV over existing 69 kV capacity. This would help unify the transmission system for the entire community and expand the system's capabilities, allowing higher capacity projects into the future. 3. $1,000,000 for systems maintenance and repairs at the Alaska SeaLife Center. 4. $500,000 for a hull wash water collection and treatment system at the 50-Ton Travelift. 5. $1,241,250 for JAG Shipyard Environmental Discharge Controls. 6. Continued support for Alaska Energy Authority grant program in order to expand district heat loop systems and other alternative energy projects. 7. $1,000,000 for the design, engineering and construction of an Animal Shelter and dog park facility 8. $ 8,100,000 for the Alaska Department of Transportation to extend the proposed runway to 4,000 feet in order to accommodate larger aircraft and provide effective disaster response C. CRUISE PASSENGER VESSEL TAX REGIONAL IMPACT FUND OR CRUISE SHIP GAMBLING TAX 1. Appropriating funding for the Alaska Railroad Corporation Seward Marine Terminal Expansion project supporting both passenger and freight activities. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10`h day of December, 2018. THE CITY OF SEWARD, ALASKA acolccb, Sue McClure,Vice Mayor 143 CITY OF SEWARD, ALASKA RESOLUTION 2018-095 AYES: Osenga, Horn, Towsley, Lane, McClure NOES: None ABSENT: Seese, Squires ABSTAIN: None ATTEST: 04/ renda J. :a o .7-CM City Clerk City Seal),,.• Of SE y'°• SEAL = © ` s ter••.;'NEi 4/4-* TF OFAtk 144 Meeting Date: To: From: Agenda Item: Agenda Statement December 10, 2018 City Council JeffBridges, Interim City Mana Calendar Year 2019 City, State eral Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focusesthe effortsof the Administration in our lobbying effortas we seek fundingor other resolutions both through the State of Alaska and Federal sources. This year the three lists include projects that are in the planning phase and/or may qualify forgrants in addition to some projects with which Council is familiar. In order to quality formost grants, the City must include these projects on the City priority list. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation fromthe State and Federal sources to improve the City of Seward. To qualify formost appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council. CONSISTENCY CHECKLIST: 1 Comprehensive Plan Sections 3.1 Economic Development 2 Strategic Plan Entirety 3 Other (list): FISCAL NOTE: NIA Approved by Finance Department: .J(,u"ai;i;;;:, Jvi..,J.u,-,? Yes No NIA X X X ATTORNEY REVIEW: Yes ___ No ____ Not Applicable ___ X ____ RECOMMENDATION: Council approve Resolutions 2018-, 2018-, and 2018-, approving the City of Seward's Calendar Year 2019 City, State and Federal Priorities. City Priorities Res 18-094 State Priorities Res 18-095 Federal Priorities Res 18-096 48145 City of Seward, Alaska City Council Special Meeting Minutes January 28, 2019 Volume 40, Page CALL TO ORDER The January 28, 2019 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor David Squires. OPENING CEREMONY Citizen Patrick Messmer led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Jack McKenna, City Attorney (Telephonically) Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold referred to an email she had sent to the clerk’s office regarding these ordinances; she thought all the ordinances were confusing as they were written, particularly in the 5th Whereas, because it wasn’t clear that each ordinance was taking a different position. Brad Snowden said he was still working on the cruise ship dock, looking at Jefferson Street and at B Street for potential locations. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. 146 City of Seward, Alaska City Council Special Meeting Minutes January 28, 2019 Volume 40, Page NEW BUSINESS Ordinances for Introduction Ordinance 2019-004, Appropriating $500.00 From The General Fund Balance To Advocate And Provide The Public Information Regarding Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. Motion (McClure/Horn) Introduce Ordinance 2019-004 City Attorney Jack McKenna explained that when council scheduled a work session to provide information about the upcoming special election, out of an abundance of caution, the safest thing to do would be to appropriate funds to influence the outcome of an election with the Alaska Public Offices Commission (APOC). The city was allowed, under state law, to provide neutral information; but, the council’s intent is to have a dialogue with various representatives, and so it behooves the city to protect itself with APOC. In response to Bridges, McKenna said that education, in itself, was not necessarily considered influencing the outcome of an election, but because the work session would involve individuals presenting information, the content could possibly be delivered in a more subjective fashion and so the city should protect itself. Motion to Amend (Towsley/McClure) Amend Ordinance 2019-004 by amending the title to read, “…appropriating $500.00 from the General Fund balance to provide the public with accurate and impartial information for and against the passage of Referendum No. 1...” Motion to Amend Passed Unanimous Motion to Amend (Lane/Towsley) Amend Ordinance 2019-004 by striking the 5th Whereas. McKenna offered some alternate language to make the statement more neutral, and Squires concurred that it would be wise to amend the language rather than strike the statement entirely. The motion to amend was withdrawn with no objection from council. Motion to Amend (Towsley/McClure) Amend Ordinance 2019-004 in the last Whereas by changing the wording to read, “…in the public’s interest to educate and provide information from varying perspectives with regards to…” 147 City of Seward, Alaska City Council Special Meeting Minutes January 28, 2019 Volume 40, Page Motion to Amend Approved Unanimous Motion to Amend (McClure/Lane) Amend Ordinance 2019-004 by striking the 5th Whereas. Motion to Amend Approved Unanimous Primary Motion to Amend (Towsley/McClure) Amend Ordinance 2019-004 in Section 1 by striking the words “advocating and” and adding the word “educational” to read, “…for the purpose of providing educational information…” Secondary Motion to Amend (Towsley/McClure) Amend Ordinance 2019-004 in Section 1 by striking the word “passage” and replacing it the word “question”. Secondary Motion to Amend Approved Unanimous Primary Motion to Amend Approved Unanimous Main Motion Approved Unanimous Ordinance 2019-005, Appropriating $500.00 From The General Fund Balance To Advocate And Provide The Public Information Regarding Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. Motion (McClure/Towsley) Introduce Ordinance 2019-005 Motion Failed Yes: Lane, Horn, McClure, Towsley, Seese, Osenga No: Squires Ordinance 2019-006, Appropriating $500.00 From The General Fund Balance To Advocate And Provide The Public Information Regarding Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. Motion (McClure/Towsley) Introduce Ordinance 2019-006 Motion Failed Yes: Lane, Horn, McClure, Towsley, Seese, Osenga No: Squires 148 City of Seward, Alaska City Council Special Meeting Minutes January 28, 2019 Volume 40, Page COUNCIL COMMENTS Towsley stated Ordinance 2019-004 could be further amended when it comes back on February 11, 2019 for public hearing and enactment. CITIZEN COMMENTS – None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None ADJOURNMENT The meeting was adjourned at 6:51 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 149 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page CALL TO ORDER The January 28, 2019 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Phil Kaluza wished to see 2,000 mini split heat pumps in Seward and the surrounding area. The greatest advantage was cost savings; mini splits were super-efficient electric heaters that could save on the order of 500 gallons of heating oil each year, which equated to 1 million gallons of heating oil each year, representing approximately 35% savings or $1 per gallon per individual. It took 11 kW of electricity to drive the heat pump to save one gallon of oil; so doing the math, 1 million gallons of oil times 11 kW was 11 million kW power sales per year, which equated to approximately $800,000 per year that the city could benefit from as additional revenue. From an environmental standpoint, every gallon of oil saved equated to 10 pounds of carbon dioxide (CO2) emissions; all in all, Seward could prevent 10 million pounds of CO2 from going into the environment. Jim Hunt requested that council enforce the code that life safety inspections be conducted on all lodging businesses. He commended Marianna Keil for her years of leadership in the community and challenged all of council to follow in her stead. Carol Griswold hoped that in the near future she wouldn’t feel compelled to speak on this issue: another employee had left employment with the city. Griswold was concerned with staff turnover at the city. 150 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Squires removed the presentation by Angela Schwertfeger from the agenda. McClure added Resolution 2019-007 to the consent agenda. Towsley added Resolution 2019-006 to the consent agenda. McClure added Resolution 2019-011 to the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2019-006, Adopting An Alternative Allocation Method For The FY2019 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area. Resolution 2019-007, Authorizing The City Manager To Enter Into A 48-Month Fair Market Value Lease Agreement With OfficeTECH/Xerox For Ten Copiers For A Base Amount Of $1,072 Per Month. Resolution 2019-011, Adopting The Port And Commerce Advisory Board Priorities From February 2019 To February 2020. Approval of January 14, 2019 Regular Meeting Minutes. Non-objection for the renewal of the Beverage Dispensary liquor license #1245 for the Yukon Bar. Non-objection for the renewal of the Restaurant/Eating Place liquor license #3230 for Apollo Restaurant. Non-objection for the renewal of the Beverage Dispensary liquor license #1153 for Tony’s Bar. Non-objection for the renewal of the Package Store liquor license #1154 for Tony’s Liquor Store. Non-objection for the renewal of the Restaurant/Eating Place liquor license #5400 for The Cookery. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards 151 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page Recognizing Marianna Keil for 23 years of service to the Seward Planning & Zoning Commission and the Seward City Council. Chamber of Commerce Report. Cindy Clock thanked Phil Kaluza for speaking tonight, and said the air-to-air heat pump system at the chamber office would be coming up on its one year anniversary in April, 2019 and was a beautiful system to have. There were currently 389 chamber members. The new 2019 Seward Destination Guides were on their way from the printer. Many groups would be having their events in Seward this year, including the Region 3 Basketball Tournament in March, the Active American China Fam in March, the Alaska Nurses in April, a Seabird Festival on June 22, 2019, CHARR Convention in the fall, and AVTEC’s 50th Anniversary in September. Starting in April, the chamber membership lunches would be moving to Thursdays. City Manager Report. Jeff Bridges reported the following purchase orders over $5,000 have been approved by the City Manager since the last council meeting: $8,500 to ITRON for meter reading hardware and software maintenance; and, $27,584 to Anchorage Chrysler Dodge for a 2019 RAM ½ ton 4x4 crew cab pickup truck for the harbor. Bridges drew attention to the city manager report for a rate survey of Railbelt utilities as compared to Seward. Bridges added that the Planning & Zoning Commission had three vacant seats, and the Historic Preservation Commission had two vacant seats if anyone was interested in getting involved. The recruiting firm, GovHR USA, had provided a draft advertisement for the city manager position, and the brochure would be coming soon. Bridges requested that if anyone had a concern about any particular employee, please contact him directly to discuss. Lane referenced the city manager report where there had been reported 43 attendees at the Teen Rec Room over a two week period; based on that report, Lane requested to have the daily operational cost for that facility. Further, Lane wondered if the mission of the Teen Rec Room included serving 18-21 year olds. In response to Towsley, Bridges said the city was in the process of ordering more meters for the meter exchange project because the previous estimate of needing an additional 150 was short. When the order came in, this would be the final stage in the exchange. In response to Lane, Bridges would be happy to have a work session to educate everyone on the relationship between the city, Mountain Haven, Providence, and the Community Health Center. Other Reports, Announcements and Presentations Obihiro Delegate Visit Report and Gift Presentation from Angela Schwertfeger. This presentation will be rescheduled at a future date. PUBLIC HEARINGS Ordinances for Public Hearing & Enactment 152 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page Ordinance 2019-001, Amending City Code Title 2 To Update Sufficient Notice Of Meeting And City Council Voting Procedure. This ordinance was amended and introduced on January 14, 2019 and is coming tonight for a public hearing and enactment. Motion (McClure/Towsley) Enact Ordinance 2019-001 City Clerk Brenda Ballou said this ordinance would update code, as a result of the December, 2018 work session that council had to review and update the City Council Rules of Procedures. There would be additional updates coming via resolution in the near future to complete the update process. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Lynda Paquette noted a typo in the agenda statement. Kyle Walker wondered where the three public places were that public notices were posted. No one else appeared to address the Council and the public hearing was closed. In response to Lane, the city clerk stated that the three public places were the bulletin board in City Hall, the Post Office showcase, and the Harbormaster’s Building bulletin board. Motion Passed Unanimous Ordinance 2019-002, Amending Various Portions Of Title 15.20 Signs Of The Seward City Code. This ordinance was introduced on January 14, 2019 and is coming tonight for a public hearing and enactment. Motion (McClure/Osenga) Enact Ordinance 2019-002 Planning Technician Andy Bacon said this ordinance was an outcome of the 2018 Planning & Zoning priorities list. Changes included clarifying definitions of certain signs, intended to protect free speech, particularly for non-commercial signs. There was also a new section added relating to sign measurements. 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 said there was a good discussion about this at last Friday’s work session. In regards to temporary signs, Seese wondered about the impact this ordinance would have on real estate signs; her concern related to the limit of 30 days being allowed for temporary signs. 153 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page Council requested administration include a diagram to accompany this ordinance in the future that would demonstrate clearly how signs were measured, particularly as it related to odd-shaped signs. Motion Passed Yes: Horn, McClure, Towsley, Seese, Osenga, Squires No: Lane Ordinance 2019-003, Amending The Time Of Adjournment Of City Council Meetings. This ordinance was introduced on January 14, 2019 and is coming tonight for a public hearing and enactment. Motion (McClure/Towsley) Enact Ordinance 2019-003 Bridges said this ordinance would extend the time limit for city council meetings from 10:30 p.m. to 11:00 p.m., with the option for council to vote for an additional extension from 11:00 p.m. to 12:00 a.m. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Kyle Walker said he didn’t think allowing more time made anyone work more efficiently. Patrick Messmer thought it was a good idea because he wasn’t always available to come back on another day to finish a meeting. Lynda Paquette thought it sounded like a good idea, and she had heard support for this concept in the community. No one else appeared to address the Council and the public hearing was closed. McClure thought it was a good idea to allow citizens who waited to make comments the ability to not have to come back. Seese would prefer to stay a little bit later the same night rather than come back for a recessed meeting on another day. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2019-004, Recommending Kenai Peninsula Borough Approval Of The City Owned Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat #2, Creating Two New Lots To Be Known As Lots 4A-2 And Lot 5, Block 7; Located Within The Industrial Zoning District. 154 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page Motion (McClure/Osenga) Approve Resolution 2019-004 City Planner Jackie Wilde said this would take existing Lot 4A-1 and divide it into Lot 4A- 2 and Lot 5. 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. In response to Lane, Wilde said the land was intended to be used for boat storage. Squires was concerned about fire protection access for this property. The nearest fire hydrant was inside the JAG yard, and the next closest exceeded the 200 foot requirement. In response, Bridges said solving for a fire hydrant access could be handled between the city and the lease. Squires was concerned that the city was not following its own rules for subdivision requirements. To clarify, Wilde said SMIC was in Zone 2 which did not obligate the city to provide water, sewer, or fire protection services. Squires worried that this action was in direct conflict with code as respects subdivision. Motion Passed Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda Schedule a work session to review the 2019 budget. (Towsley) Council scheduled a work session on February 11, 2019 at 5:30 p.m. to review and discuss mid-cycle budget amendments. Discuss updating the Strategic Plan. (Towsley) Bridges would bring forward a general survey of communities for council to consider. Bridges would also look at how much other communities spent on it for time and money. NEW BUSINESS Resolution 2019-005, Authorizing The City Manager To Waive Lease Payment Requirements For The He Will Provide Incorporated Food Pantry. Motion (McClure/Seese) Approve Resolution 2019-005 Bridges said this resolution would alleviate the food bank of paying rent to the city, and would enable them to focus on buying and providing more food for the community. Bridges said the city would see less revenue, but that trade off might outweigh the cost for the greater good of the community. In response to Seese, Bridges said administration did not have the electric cost for the food 155 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page pantry. Lane thought this action should be delayed and included in the discussion for the mid-cycle budget amendment session instead. Towsley noted the location of the food bank would not be regarded as the most desirable location for most other types of businesses. McClure added that there was other space being used by other community groups for which no rent was being charged. Squires was concerned about the electricity usage, and thought perhaps cutting their rent in half would be appropriate. Motion to Amend (Squires/Lane) Amend Resolution 2019-005 in Section 1 by changing it to read, “The City Manager is authorized to change the lease payment requirements for the He Will Provide Inc. Food Pantry to $300 per month.” Motion to Amend Approved Yes: Horn, Lane, Osenga, Squires No: Towsley, Seese, McClure Main Motion Passed Unanimous Resolution 2019-008, Authorizing $72,009 For A Contract For Janitor Services For The Seward Community Library And Museum To The Dependable Janitor And Gardener And Appropriating Funds. A laydown of the updated signed contract was provided. Motion (McClure/Towsley) Approve Resolution 2019-008 Bridges said there had been two respondents to the Request for Proposals, and one was not qualified. The cost of this contract had increased because it contained additional services, including carpet cleaning. In response to Lane, Community Library & Museum Director Valarie Kingsland said the previous custodial contract that had been in place since 2013, but did not include carpet and upholstery cleaning; those services had been paid for separately. Motion Passed Unanimous Council recessed at 8:55 p.m. Council resumed at 9:03 p.m. Resolution 2019-009, Authorizing The City Manager To Enter Into A Contract Between The City Of Seward Alaska And The State Of Alaska Department Of Administration, Division Of Motor Vehicles To Operate The Seward Office Of The Division Of Motor Vehicles. Motion (McClure/Osenga) Approve Resolution 2019-009 Assistant City Manager Brennan Hickok said this was a three year contract, and the state 156 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page was not amenable to changing the term of the contract down to one year, but the contract could be revised if the city wished to contract it out to a private business. Towsley said her research indicated that a private contractor would charge increased fees to citizens. Hickok said there was a person hired for the DMV, and they would be attending training at the end of February. Motion Passed Unanimous Resolution 2019-010, Authorizing Annual Funding To The Seward Volunteer Fire Department In The Amount Of $38,000.00 To Assist With Fire Department Stipends For Fire Response. Motion (McClure/Lane) Approve Resolution 2019-010 Squires declared a potential conflict of interest because he was a volunteer firefighter, but he was not receiving a stipend while on council, and passed the gavel to Vice Mayor McClure. McClure ruled that a conflict did not exist, and with no objection from council, returned the gavel to Squires. Bridges said the stipends were used for volunteers to respond to calls, as well as for training and equipment. In response to McClure, Bridges said he brought this resolution forward because the city manager’s spending limit had been decreased to $30,000 and he thought it prudent that council was aware. Squires said the fire department had had a stipend in the budget since the 1980s; he did not understand why this resolution was brought tonight because council had already approved this in the budget. Towsley appreciated the extra steps taken to bring this resolution to council. Motion Passed Unanimous Other New Business Discuss the Port & Commerce Advisory Board’s recommendation to conduct a water and sewer rate study. Bridges said the last time this study was conducted was 1993. He thought there should be an audit for each account conducted to ensure everyone was in the right category. Upon direction from council, administration would put together a request for proposals. Bridges wished to ensure that every account would be touched and reviewed and confirmed that it was correct. In response to Lane, Bridges said this study would most likely be conducted in the fall. By unanimous vote, council directed the city manager to draft a Request for Proposals (RFP) for council’s review and consideration. INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List. 157 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page November, 2018 Financial Reports for the City of Seward and Providence Seward Medical and Care Center. COUNCIL COMMENTS McClure thanked everyone for coming out. She was glad to reduce the rent for the food pantry. McClure had attended the SOS Pets animal shelter meeting, and was pleased they were moving towards releasing an RFP for the new animal shelter design. Towsley thanked Carol Griswold for her input on the ordinance. She wondered if council could share travel information in advance. Towsley congratulated all the chamber award winners, and thanked Marianna Keil for her service. Horn said there would be a 3rd annual puppy bowl as a fund raiser for the animal shelter on Superbowl Sunday at Tony’s; if anyone was interested please contact him. Seese thanked Griswold for her input, and Keil for her service. She was happy to hear the animal shelter was progressing, and reminded everyone that they could use Amazon Smile to donate funds to the shelter. Osenga congratulated Marianna Keil and thanked her for her service. He was sorry he missed the Polar Bear Jump last Saturday. Lane congratulated Lynda Paquette on her Seward Civic Engagement group. She thanked the unions for helping improve the community. Lane expressed concern over employee departures. She thanked AVTEC for a great construction program. Squires traveled to Anchorage last week with the city manager to meet with the Alaska Railroad, as well as cruise ship representatives about cruise ship head tax funds and the recent court ruling in Juneau. He wished to applaud the Parks & Recreation Department for the 18-21 years old program; he hoped it would curb underage drinking by providing alternative opportunities. On February 17, 2019 he would be traveling to Juneau for AML legislative meetings with Vice Mayor McClure. CITIZEN COMMENTS Kyle Walker thought that council members should have full reign to speak freely without being overruled by the chair. He wished council travel would be discussed in advance of travel. Walker was concerned about the topic for tonight’s executive session because it did not pertain to anything specific, and he thought the public deserved to know the reason for having an executive session. Lynda Paquette thanked the Chamber of Commerce for the award she received; she thanked Rissie Casagranda for her support and encouragement for Paquette to start Seward Civic Engagement and to have the focus be on education. Paquette celebrated that the energy in town had changed and was less divisive. 158 City of Seward, Alaska City Council Minutes January 28, 2019 Volume 40, Page COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges requested to remove the executive session in order to improve the topic. Lane agreed with Kyle Walker and thought she was shut down by the mayor. She thought it was wrong. Towsley recognized that an important part of the public process was to allow council members to speak freely. She encouraged everyone to be professional. EXECUTIVE SESSION Motion (McClure/Towsley) Go into Executive Session, per SCC 2.10.030(b)(5), for the purpose of discussing the negotiation of labor and other contracts. Motion Failed Unanimous ADJOURNMENT The meeting was adjourned at 9:55 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 159 CITY PROJECTS & GOALS February 11, 2019 City Council meeting 1. ADA ACCESSIBLE PARKING AT CITY HALL Council directed the city clerk to provide a history of why the location for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City Clerk history and status provided February 27, 2018. First floor restrooms currently under renovation to provide one large ADA-accessible family restroom, in addition to one men’s and one women’s restroom. The first- floor restrooms in City Hall were completed May 14, 2018. Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street parking must be reserved for Police Department access; Public Works is currently researching the feasibility of a modification to the SE corner of the back lot, as well as modifications to second floor restrooms. Clerk’s office received ADA analysis kit from Division of Elections (DOE); clerk worked with Public Works Director Doug Schoessler and Assistant City Manager Brennan Hickok to perform the analysis on September 12, 2018. The city clerk has furnished the DOE with results and is awaiting a response. Clerk received email from Acting Director at DOE apologizing for the delay in the analysis; the new Director would start January 2, 2019, and response should come soon thereafter. January 25, 2019 teleconference call with DOE, Brennan Hickok, Doug Schoessler, and city clerk to review results of analysis; results indicate that the voting location could potentially be moved back to city hall if the back parking lot were modified to allow for one or two van accessible spaces with a flat approach to the back door, and if the back door were widened by a minimum of two inches. 2. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING Administration is currently reviewing a concept public-private proposal to house the Quint (ladder truck) on the city-side of the bay. The Interim City Manager and Assistant City Manager met with the city’s State lobbyist, Kent Dawson on October 15, 2018. Dawson is confident that the state will have a capital budget this coming session. The opportunity to push for this project as a State Legislative Priority will be coming to council on December 10, 2018. 3. DISCUSSION ON AIR FORCE RECREATION CAMP SITE Council held a joint work session with the Planning & Zoning Commission on February 28, 2018. Directed administration to have Community Development bring forward multiple land use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work session to discuss development concepts. Following April 9, 2018 work session, administration has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots generally as presented at the work session, and the creation of a subdivision and utility development plan. Ordinance 2018-009 introduced on October 8, 2018 amending the zoning and land use plan from Institutional to Auto Commercial; will come for public hearing and enactment on October 22, 2018. Administration will be putting out a Request for Proposal for on-call engineering services which will provide engineering, surveying and platting services for various City projects including the Air Force Recreation land. 4. SALTWATER HEAT PUMP PROJECT The state capital budget approved $725,000 for this project; currently awaiting Governor Walker’s signature. Administration is working with the design engineer to update costs and ROI models in order to identify any potential funding shortfall and prepare strategies for additional funding sources, if necessary. City Administration has received an estimated project cost of $965,000. The $240,000 difference will need to be funded by the City. This obligation includes in-kind and cash contributions as well as already spent funds on the testing well. We are currently waiting for grant documents from the Alaska Energy Authority. State lobbyist Kent Dawson expressed that the likely new Governor will be interested in Economic Development projects. The potential for expanding on this loop using state grant dollars exists. The City has received the Alaska Energy Authority grant documentation and is awaiting approval from City Council to authorize the City Manager to accept the grant money and grant terms. Approval was on the November 26, 2018 regular Council meeting agenda; the grant documents have 160 CITY PROJECTS & GOALS January 28, 2019 City Council meeting been signed and sent back to the AEA. Staff has provided YourCleanEnergy with grant documents and is awaiting a design and engineering proposal. 5. ENERGY EFFICIENCY OF CITY HALL See #4 – Saltwater Heat Pump Project YourCleanEnergy and the building department have also identified the need for insulation in the basement of the City Hall Annex in support of the Heat Pump Project. The City will seek quotes for that portion of the project. 6. GROUND TRANSPORTATION FOR AMBULANCE SERVICES Directed administration to provide an update on ground transportation for ambulance services. 7. ANIMAL SHELTER IMPROVEMENTS (Council passed Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed $6,851.00, And Appropriating Funds.) March 19, 2018 work session; directed administration to look into potential locations and funding options. Resolution 2018- 049 approved at the May 29, 2018 meeting, authorizing the creation of the Animal Shelter Relocation Fund and approving start-up funds. Update: Resolution 2018-080 being considered on September 24, 2018 for council approval will relocate the Animal Shelter to Fort Raymond. Resolution 2018-080 was approved on September 24, 2018, providing land for the new shelter location. City staff is now conducting meetings with local organizations to discuss design, build, fund raising and funding efforts. 8. UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) Directed administration to provide an update on the status of modifying the tsunami warning announcement to include specific radio information, and also request the borough add a sticker to their brochures which identifies the Seward radio station. Resolution 2018-019 designated KIBH-FM 91.7 as the city’s official radio station for emergencies, and authorized the City Manager to work with borough to include radio station information in tsunami warning broadcasts. 9. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD Zoning changes and Replat of the Air Force Rec Camp property will provide ample space and opportunity for such business. 10. AFFORDABLE HOUSING (INCLUDING SUMMER WORKER HOUSING) Council will hold a work session in May, 2018. (Previous council work sessions were held on May 22, 2017, June 12, 2017, and July 11, 2017). Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 11. SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION Directed administration to provide an update on the Seward Community Health Care Center expansion. March 12, 2018 council meeting authorized to pay up to $1,500 in travel expenses for Jean Bardarson to travel with city representatives to Washington, DC in April, 2018 (April 14-18, 2018 trip to Washington, DC). A grant in the amount of $285,000 was awarded to the CHC for expanding access to quality substance use disorder and mental health services. The CHC is using these funds to subcontract with Seaview Community Services to provide mental health services in support of the local schools. 161 CITY PROJECTS & GOALS January 28, 2019 City Council meeting 12. BUILDING MAINTENANCE Public Works has been conducting their annual boiler inspections. General maintenance and repair is complete. Staff has identified the need to upgrade the heating controls for City Hall, City Hall Annex, and Community Center. Estimated cost for these upgrades is $200,000. Ongoing. Public Works has repaired the Senior Center elevator, a water pipe leak in the Library and Museum, and the Library and Museum emergency light system. 13. LED LIGHT CONVERSIONS Public Works replaced 15 fluorescent fixtures with LEDs in the City Hall Annex. A City shop office was upgraded to LED lights. 14. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS Staff and organizing groups have indicated that a dog washing station will be included in the design and build of the new Animal Shelter. 15. PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES 16. CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC, ENGAGING OUTSIDE AGENCIES, AND PUBLIC INFORMATION DISSEMINATION On March 6 and 7, 2019 the City will be participating in a table top exercise with the Army Corps of Engineers and the Alaska Silver Jackets to simulate the failure of the Lowell Canyon Dam. This exercise will provide the City with a template for conducting a City-wide exercise in the future. Staff is currently planning a disaster exercise to coincide with the “Chill it’s a Drill” exercise scheduled for March 2, 2019. 17. EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 18. IMPROVE COUNCIL CHAMBERS TO ALLOW CITIZENS TO MORE CLEARLY HEAR AND EXPERIENCE MEETINGS The City Clerk placed an order through the MIS department for a Polycom teleconference device for council chambers. In the meantime, the City Manager’s office will lend a similar phone until the new one arrives. In addition, a mid-cycle budget amendment will be requested to replace some of the broadcasting equipment. 162 CITY PROJECTS & GOALS January 28, 2019 City Council meeting OTHER COUNCIL-DIRECTED PRIORITIES 1. LOWELL POINT ROAD STORM DAMAGE REPAIR The Request for Proposals for the engineering will be out as soon as the City receives the work sheets back from the Department of Homeland Security. As soon as the design is complete, the contractor will then put out a bid packet and select a contractor. Construction is estimated to begin in the spring of 2019. The Design and Engineering contract is on the regular meeting agenda for on February 11, 2019. COUNCIL COMMITTEES 1. AD HOC COMMITTEE FOR CITY PERSONNEL MATTERS February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third-party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, Assistant City Manager Brennan Hickok reported that the DCRA declined the city’s request for an audit because it was beyond the scope of their duties/capabilities. Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. Request for Proposal has been sent to committee members. Group should meet to discuss. November 26, 2018 Council Member Towsley replaced Casagranda on the committee. Clerk’s Note: City Council Rules of Procedures, Rule 29(b), dictates that Special Council Committees sunset at the end of their mission, but no later than the end of each fiscal year, unless specifically continued by the council for a specified period of time. COMPLETED PROJECTS 1. RESEARCH ELECTED/APPOINTED OFFICIAL TELECONFERENCING POSSIBILITIES FOR MEETINGS Directed the city attorney to provide advice on teleconferencing possibilities for elected and appointed officials. City Attorney opinion provided February 14, 2018. 2. INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD Report delivered to City Council and the public on October 22, 2018. 163 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for February 11, 2019 City Council meeting Report through February 4, 2019 PENDING REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES July 5, 2018 Wolfgang Kurtz Financial Transactions Between City and Peninsula Communications Yes (7/5 & 9/25) No Pending Dec 10, 2018 Suzi Towsley All emails from March 29, 2018 through Sept. 17, 2018 from or to K. Erchinger regarding the Council direction to add Electric Dept. Field Engineer & Admin. Assistant positions to the IBEW, and any emails that mention this process from or to the city manager, ACM, HR, Electric Dept. Manager, finance director, field engineer (Electric) & Admin. Assistant (Electric) Yes (12/10/18) Yes Pending Towsley put this request on hold on 1/17/19. Jan 28, 2019 Brad Snowden Army Corp. of Engineers 1965 Post- Earthquake Study Waterfront Depths Yes (1/29/19) No Pending Jan 29, 2019 Olivia Wotman 1.Current Police Officer Collective Bargaining Agreement & Any MOUs in Effect; 2. Wage Scales for All Ranks of Police Officers; 3. Current Benefit Sheets for Health, Vision, and Dental Insurance for Police Officer; 4. Current Contributions & Premiums for Health, Vision, and Dental Insurance for Police Officer Yes (1/29/19) No Pending Jan 30, 2019 Edward Boone Police Report No No Pending To SPD (1/30/19) 164 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for February 11, 2019 City Council meeting Report through February 4, 2019 COMPLETED REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES Dec 28, 2018 Sheila Ruth Berticerich Police Report No No 01/08/19 Jan 4, 2019 Michael Lunardi Police Report No No 01/09/19 Jan 4, 2019 Tracy Squires Police Report No No 01/09/19 Jan 4, 2019 Cornell Kirby Police Report No No 01/11/19 Jan 9, 2019 Sean McGaughan Police Report No No 01/15/19 Jan 11, 2019 Laura Schneider Police Report No No 01/15/19 Jan 15, 2019 Joshua Smith Police Report No No 01/15/19 Jan 23, 2019 Patrick Messmer List of PERA Signatures & Referendum Petition-Names & Addresses No Yes 01/23/19 Jan 23, 2019 Anne Knight Petition with Signatures & Names of PERA Initiative No Yes 01/23/19 Jan 25, 2019 Patrick Messmer Ballot for Petition to Remove Seward City Ordinance 1975- 412 or Language on Ballot No No 01/25/19 Jan 30, 2019 Lexis Nexis Police Report No No 02/01/19 Jan 30, 2019 Lexis Nexis Police Report No No 02/01/19 165 1 2/5/2019 11:27 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 February 2019 Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031 March 2019February 2019 Jan 27 28 29 30 31 Feb 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg - CANCELLED (Council Chambers) 12:00pm PACAB Mtg 6:00pm CC WS Mtg - PERA - CANCELLED (Council Chambers) 12:00pm CC WS Mtg (Council Chambers) 10 11 12 13 14 15 16 5:30pm CC WS Mtg - Mid-Cycle Budget Review (Council 7:00pm CC Mtg (Chambers) 17 18 19 20 21 22 23 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 24 25 26 27 28 Mar 1 2 7:00pm CC Mtg (Chambers) SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 166 2 2/5/2019 11:27 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031 March 2019 Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 April 2019March 2019 Feb 24 25 26 27 28 Mar 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 10 11 12 13 14 15 16 7:00pm CC Mtg (Chambers) 17 18 19 20 21 22 23 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 24 25 26 27 28 29 30 City Holiday - Seward's Day 7:00pm CC Mtg (Chambers) 31 Apr 1 2 3 4 5 6 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 167 3 2/5/2019 11:27 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 April 2019 Su Mo Tu We Th Fr Sa 1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 May 2019April 2019 Mar 31 Apr 1 2 3 4 5 6 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 7 8 9 10 11 12 13 7:00pm CC Mtg (Chambers) 14 15 16 17 18 19 20 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 21 22 23 24 25 26 27 7:00pm CC Mtg (Chambers) 28 29 30 May 1 2 3 4 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 168