HomeMy WebLinkAbout06272022 City Council PacketSeand ON Council
Agenda Packet
Monday, June 27, 2022
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005
The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
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Please silence all cell phones darning the meeting
June 27, 2022
7:00 p.m. Council Chambers
Christy Terry
1. CALL TO ORDER
Mayor
Term Expires 2022
2. PLEDGE OF ALLEGIANCE
Sue McClure
3. ROLL CALL
Vice Mayor
Term Expires 2023
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
John Osenga
signed in will be given the first opportunity to speak. Time is limited to 3 minutes
Council Member
per speaker and 36 minutes total time for this agenda item.]
Term Expires 2024
5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
Liz DeMOss
of Consent Agenda passes all routine items indicated by asterisk (*). Consent
Council Member
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]
Term Expires 2023
6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Ristine Casagranda
Council Member
A. Proclamations and Awards
Term Expires 2022
1. Seward "Freedge" Proclamation for Maren Bickling Pg. 4
2. Recognizing Seward Historic Preservation Award
Mike Calhoon
Recipients: Pg. 5
Council Member
• Doug Capra
Term Expires 2024
• Mary Tougas
• HP Commissioners Cheryl Seese (Chair), Sue Ward
Randy Wells
(Vice Chair), Tanguy Libbrecht, and Mary Ann Benoit
Council Member
. Cheryl & Gary Seese
Term Expires 2022
B. City Manager Report ........................................... Pg. 9
C. Borough Assembly Report
Janette Bower
City Manager
D. Other Reports and Announcements
Brenda Ballou
1. Cook Inlet Aquaculture Association (CIAA) Report by
City Clerk
Robert Barnwell. Rescheduled from June 13, 2022. Pg. 28
2. Chamber of Commerce Report by Executive Director Kat
Brooks Chandler
Sorenson ................................................... Pg. 30
City Attorney
E. Presentations — None
City of Seward, Alaska
Council Agenda
June 27, 2022
Page I
7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all
speakers have spoken, a person may speak for a second time for no more than one (1) minute.]
A. Ordinances for Public Hearing and Enactment
1. Ordinance 2022-008, Amending Seward City Code 15.10.222 Development
Requirements — Table Notes, Letter E To Allow More Density In The Auto
Commercial And Central Business Zoning Districts. This ordinance was introduced
on June 13, 2022 and is coming tonight for public hearing and enactment...... Pg. 34
8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
A. Resolutions
* 1. Resolution 2022-077, Authorizing The City Manager To Enter Into A One Year
Facility Use Agreement Between The City Of Seward And The Alaska Vocational
Technical Center For The Use Of The Student Services Building For Public
Recreation And Appropriating Funds ................................................. Pg. 40
*2. Resolution 2022-078, Authorizing The City Manager To Purchase From
Cleveland/Price, Inc. (Anixter) A Unitized Vertical Break Switch In A Not -To -
Exceed Amount Of $66,257 For Installation At The Intersection Of Nash Road And
The Seward Highway, Allowing Seward Crews To More Effectively Control The
Flow Of Electricity On The Local Grid And Isolate Service -Related Issues For Repair
And Appropriating Funds............................................................... Pg. 50
*3. Resolution 2022-079, Supporting Seward Community Health Center, Inc.'s
Application For A Health Resources & Services Administration (HRSA) 2022
Service Area Competition (Sac) Funding Opportunity As A Standalone Entity. Pg. 55
*4. Resolution 2022-080, Approving The Agreement Covering Terms And Conditions Of
Employment Between The City Of Seward, Alaska And The Seward Public
Employees Association (SPEA) Effective January 1, 2023 And Ending December 31,
2025......................................................................................... Pg. 61
5. Resolution 2022-081, Requesting State Of Alaska Leadership In Response To The
Documented Concerns Regarding Bear Mountain And Probable Future Devastation
To The City Of Seward And Lowell Point Community ........................... Pg. 116
B. Other New Business Items
1. Action Memorandum 2022-001, Provide City Council Direction to Administration
Concerning the Port and Commerce Advisory Board Resolution 2022-006:
Recommending the City Council Direct the City Manager to Enter into a Professional
Services Agreement with Your Clean Energy to Consult with the Heat Loop Ad Hoc
Committee and Provide Services as Authorized by the City Manager as Requested by
the Ad Hoc Committee in an Amount not to Exceed $19,520, and Appropriating
Funds..................................................................................... Pg. 132
City of Seward, Alaska
June 27, 2022
Council Agenda
Page 2
`a
*2. Action Memorandum 2022-002, Appoint Chief Alan Nickell (Primary) and Deputy
Chief Karl Schaefermeyer (Alternate) to the Kenai Peninsula Borough
Communications Center Advisory Board ............................................ Pg. 193
*3. Approval of the May 9, 2022 City Council Special Meeting Minutes........... Pg. 197
*4. Approval of the May 9, 2022 City Council Regular Meeting Minutes.......... Pg. 199
*5. Approval of the May 23, 2022 City Council Regular Meeting Minutes......... Pg. 206
*6. Approval of the June 13, 2022 City Council Regular Meeting Minutes......... Pg. 214
10. INFORMATIONAL ITEMS AND REPORTS [No Action Required]
A. Proclamation to recognize Retired Lieutenant Colonel Scott Beach for his life saving
efforts..................................................................................... Pg. 223
B. Letter of commendation for Asa Turner from Governor Dunleavy for his life saving
efforts..................................................................................... Pg. 224
C. Happy Youth Programs & Educational Resources (HYPER) Financials for the period
ending May 31, 2022.................................................................. Pg. 225
D. City Clerk's Travel Report for the International Institute of Municipal Clerks (IIMC)
Conference............................................................................... Pg. 228
E. Deputy City Clerk's Travel Report for the Northwest Clerks Institute (NCI)
Professional Development I (PDI) Training ........................................ Pg. 230
11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5)
minutes per speaker.]
12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
13. EXECUTIVE SESSION
A. Go into executive session to receive advice from the city attorney regarding the
forensic audit. Rescheduled from June 13, 2022.
14. ADJOURNMENT
City of Seward, Alaska
June 27, 2022
Council Agenda
Page 3
3
spread kindness
Proclamation- A
WHEREAS, Maren Bickling saw an article on the "Freedge" concept
happening in other parts of the country, Maren knew this concept would be a
way to help the Seward community with food security; and
WHEREAS, Maren understood Seward has a big population of homeless
and those struggling with food security. Maren knew a lot of these people come
to the library for warmth and shelter in the winter months, as well as on rainy
days; and
WHEREAS, Maren and her mom, Theresa Bickling, reached out to Seward
Community Library & Museum in 2021 to see if they could place a "Freedge" in
the library to help the local families and homeless populations; and
WHEREAS, Maren and her mom worked with program coordinator to set
up the "Freedge" in 2021, and since that time the "Freedge" has helped
numerous people in the community; and
WHEREAS, Maren and Theresa, along with other volunteers, come weekly
to place new donations for citizens in the community; and
WHEREAS, the "Freedge" never stays full for long, demonstrating the
great need we have and how much of an impact the "Freedge" continues to
make in our community.
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do
hereby thank Maren Bickling for being a wonderful role model and for showing
compassion, kindness and support to those who need it in our community.
Dated this 271" day of June, zozz. THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
4
PROCLAMATION
WHEREAS, the Seward Historic Preservation Award is presented annually to
recognize an individual or organization whose efforts and contributions help preserve the
tangible aspects of Seward's history and heritage; and
WHEREAS, Doug Capra, a retired high school teacher, has devoted his talents and
efforts to researching and sharing adventures of famous American artist and adventurer,
Rockwell Kent. Doug has chronicled Rockwell Kent's winter excursion on Fox Island in
the form of a published book, weekly articles in the local newspaper, several dissertations
at the Seward Museum, and an hour-long script and production of Reader's Theater; and
WHEREAS, Doug has also researched and written an hour-long, one -person script
about famous frontierswoman, Alaska Nellie. This informative and entertaining play has
since been performed by three different actors; and
WHEREAS, the amount of time Doug has spent on these projects is awe-inspiring.
One can see him almost daily at the local coffee house writing on his laptop about
Rockwell Kent and other historical characters who have impacted Seward; and
WHEREAS, because of Doug's passion and dedication to make local history come
alive, these unique characters will be remembered for generations to come; and
WHEREAS, in appreciation and recognition of Doug Capra, the City of Seward is
pleased to present the 2022 Historic Preservation Award to:
Doug Capra
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby
congratulate Doug Capra and thank him for his dedication and commitment to
preserving Seward's history.
Dated this 27h day of June, 2022 THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
5
PROCLAMATION
WHEREAS, the Seward Historic Preservation Award is presented annually to recognize an
individual or organization whose efforts and contributions help preserve tangible aspects of
Seward's history and heritage; and
WHEREAS, Mary Tougas contributions to the preservation of Seward's history are
extensive. She has been President of the Seward Community Library Association (SCLA) for six
years, and she served on the Building Committee for the new Library Museum project for seven
years. The Building Committee worked to raise money and create enthusiasm for the new
library, and a larger museum with essential features such as climate control; and
WHEREAS, after the move to the new Library Museum, the work of SCLA's Collection
Committee started. Due to previously disorganized storage systems, there were many collections
of historical documents and artwork that were unfortunately damaged at the old library. Mary
worked constantly for almost ten years to restore and organize these collections; and
WHEREAS, the latest project Mary headed up was Phase 1 of the preservation of the
Seward Gateway newspaper. Much work was required to correct labels, accurately identify
contents of each box, and correctly organize the newspapers numerically. This project took six
weeks and 212 volunteer hours to complete. For Phase 2, Mary and the Collection Committee
created Excel worksheets containing the indexes of each box for easy access. Phase 3 will be to
create QR codes for each newspaper to enable a detailed online search and, most importantly,
for the preservation of these papers in their physical form; and
WHEREAS, another one Mary's ambitious projects is to digitize SCLA's collection of
historic Seward photos and to make them available online. This will be a great help for
researchers, students, and anyone interested in Seward's history. Many of these photos were
used in the Historic Preservation Commission's informative walking tour signs placed around
town; and
WHEREAS, in appreciation and recognition of Mary Tougas, the City of Seward is pleased
to present the 2022 Historic Preservation Award to:
Mary Tougas
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby
congratulate Mary Tougas and thank her for her dedication and commitment to preserving
Seward's history.
Dated this 27th day of June, 2022 THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
,..,...,,,6-
PROCLAMATION
WHEREAS, the Seward Historic Preservation Award is presented annually to
recognize an individual or organization whose efforts and contributions help preserve the
tangible aspects of Seward's history and heritage; and
WHEREAS, in 2020, the Seward Historic Preservation Commission was awarded
HPF- CLG Grant #20005 Seward Historical Tour: Public Education Signage Project to
install interpretive signs to highlight historical sites of interest for a walking tour to be
completed June 30, 2021; and
WHEREAS, Historic Preservation Commissioners Cheryl Seese Sue Ward, Tanguy
Libbrecht, and Mary Ann Benoit took on this monumental project that will have a long-
lasting impact on Seward's history; and
WHEREAS, this group volunteered their time and expertise, and facilitated
connections to assist with and ensure the success of, the Seward Historic Walking Tour
project, and
WHEREAS, this group curated historical photographs and narratives to provide
beautiful, informative, and educational signage that highlights local buildings, homes,
and early community members to be enjoyed for generations, and
WHEREAS, in appreciation and recognition of Cheryl Seese, Sue Ward, Tanguy
Libbrecht, and Mary Ann Benoit, the City of Seward is pleased to present the 2022
Historic Preservation Award to:
Cheryl Seese, Site Ward, Tanguy Libbrecht, and Mary Ann Benoit
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby
congratulate Cheryl Seese, Sue Ward, Tanguy Libbrecht, and Mary Ann Benoit, and
thank them for their dedication and commitment to preserving Seward's history.
Dated this 27th day of June, 2022 THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
PROCLAMATION
WHEREAS, the Seward Historic Preservation Award is presented annually to
recognize an individual or organization whose efforts and contributions help preserve
tangible aspects of Seward's history and heritage; and
WHEREAS, Cheryl and Gary Seese were nominated for their outstanding devotion,
service, and continued interest in enhancing and protecting the historic significance of the
entire community of Seward; and
WHEREAS, Cheryl and Gary have continuously worked with local property owners
to become selected for the Alaska Historic Register and the National Historic Register; and
WHEREAS, both Cheryl and Gary have served on commissions to provide their
experience and expertise to the Seward community. Residents and home owners alike
appreciate their knowledge and wisdom; and
WHEREAS, Cheryl has served on the Seward Historic Preservation Commission for
four years, with the majority of her time on the board serving as Chair. To date, her
favorite project has been the Historic Walking Tour project where the Historic
Preservation Commission worked together to accomplish this wonderful project, and
WHEREAS, Cheryl and Gary love Seward and they continue to advance and protect
the history of our beloved city; and
WHEREAS, in appreciation and recognition of Cheryl and Gary Seese, the City of
Seward is pleased to present the 2022 Historic Preservation Award to:
Cheryl & Gary Seese
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby
congratulate Cheryl & Gary Seese and thank them for their dedication and commitment
to preserving Seward's history.
Dated this 27h day of June, 2022 THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
City of Seward
City Manager's Report
June 27, 2022
Mayor Terry and Council Members,
I submitted a column for the Seward Journal. The column was printed the same week as the landslide. I
wanted to share one of the paragraphs with you and to let you know what I'm working on regarding this
paragraph. "As we work to build stability within our staffing, we will also strive for consistency in our
processes, as well as in the enforcement of our policies and procedures. Based on my assessment to date,
the high turnover rate has contributed significantly to the inconsistencies in these critical areas of our
business. Since assuming my role, I have worked with the department heads to begin updating their
processes as well as their policies and procedures, and I have directed them to enforce all policies and
procedures equally and consistently. Any deviation in this directive should only come with the appropriate
approvals."
On March 14, 2022, the city council adopted Ordinance 2022-006. The ordinance amended Title 3. Since
that time, I've discovered outdated personnel policies. I strongly believe in limiting stand-alone policies as
much as possible, especially when they involve personnel matters. Stand-alone policies often create
confusion, they conflict with code, and can be administered inconsistently. Procedures further defining code
language are acceptable and provide clarity. (note: SCC 3.05.015 states "The city manager shall have the
responsibility and authority to administer the council adopted personnel policies pertaining to this title and
procedures approved by the city manager".)
In the next few months, another ordinance will be brought before council amending Title 3. My goal is to
bring in the appropriate language from the policies ensuring everyone has the same language. An
amendment is also needed to recognize the SPEA contract.
The Carmen Jackson Team and the Deputy Finance Director are preparing an amendment to Title 5 Revenue
and Finance. The new language will include existing policies and provide for overall consistent language. I
anticipate an ordinance will be brought before council in September.
I'm also working on an amendment to SCC 2.10 City Council and eventually other portions of Title 2. My
plan is to bring in appropriate portions of the City Council Rules of Procedures. Some of the existing language
is outdated and other language conflicts with code. It makes sense for the procedures to be outside of
code, however, the rules need to be brought into code.
The City Clerk has given administration the code titles for recodification. Administration and department
heads meet weekly to go through each title and provide input back to the Clerk. Our end goal is a well -
integrated code, that eliminates conflicting language. It is a tedious process but well worth it in the end.
City of Seward Personnel Transactions
Prepared by Tammy Nickell, City of Seward Human Resources Manager
Separations: Department: Date of Separation
New Hires: Department: Date of Hire:
Available Full Time Positions:
Finance Director
Acct Tech II
Acct Tech III
Acct Tech Utility
Patrol Officer
Recreation Assistant
Department:
Position Status:
Finance
Advertising Since 10/05/2021
Finance
Advertising Since 03/24/2022
Finance
Advertising Since 03/24/2022
Finance
Advertising Since 04/14/2022
Police
Advertising Since 04/20/2022
SPRD
Advertising Since 05/06/2022
Available Seasonal Positions:
Department:
Park Maintenance Worker
SPRD
Parking Lot Attendant
SPRD
Parking Operations Supervisor
SPRD
Seasonal Gardner
SPRD
Seasonal Campground Attendant
SPRD
Position Status:
Advertising Since 03/03/2022
Advertising Since 03/03/2022
Advertising Since 03/03/2022
Advertising Since 03/03/2022
Advertising Since 03/03/2022
As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and
$30,000 have been approved by the City Manager since the last council meeting:
Order Date
Department
Description
Amount
6�07�2022
L BRAR'r
Annual Building Autorna-.ion/Mechanical System Scheduled Service Agreement 2022
7.590.00
6/07/2022
A%'JALCO%TROL
TAS(2734.24ORDER 24ANIMAL SHELTER MATERIALS
29971.00
6/07/2022
A % 'JAL CO%TROL
LAND SURVEYING SVC =OR DRODERTY LOCATED AT605 SEA LION. NEW ANIMAL SHELTER
9.000.00
Total
46,561.00
Thank you,
j*r
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City of Seward
Department Activity Reports
Assistant City Manager
Stephen Sowell
➢ The Planning and Zoning Commission failed Resolutions 2022-009 and 2022-010
to move forward with the Rezone and Replat of the Forest Acres Campground.
These actions would have allowed the City to move forward with the Hemlock
Subdivision Project. City Administration plans to continue work on housing after
the Municipal Land Plan is approved by Planning and Zoning and City Council
later in the summer. The most recent version of the project reflected an R1
zoning designation and 40 single family homes. There are other alternatives that
can be explored if there is a desire for higher density residences. Please see the
attached documents which reflect alternatives.
➢ The Assistant City Manager and Community Development Director continue to
work with R&M Engineering on the SMIC Bench Project. The feasibility study
(Phase 1 of the project) is scheduled to be completed in July. City Administration
tentatively plans to schedule a Special Meeting/Committee of the Whole for
September 26t" to discuss this project and allow time for R&M Engineering to
provide a project presentation.
➢ The Animal Shelter project is underway with activity on site taking place. The
project is on schedule for completion by October 2022. Dawson Construction and
the City continue to have regular project meetings and are coordinating the
construction phase as we move forward. R&M Engineering and the City's Building
team are continuing to work with Dawson on periodic inspections.
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DATE: 01-25-22 1
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SETBACKS CONCEPT 3
FRONT = 20' LOT 12A, FORT RAYMOND SUBDIVISION, REPLAT No. 1 (PLAT 87-12)
SIDE = 5' OR 10' ZONING: R2, TWO FAMILY RESIDENTIAL
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ZONING: R1
AVERAGE LOT SIZE: <6,000 SQ. FT
AVERAGE HOUSE SIZE: 2,100 SQ. FT (SINGLE FAMILY) / 2,000 SQ. ft. (DUPLEX) DATE: 01-10-22
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SETBACKS CONCEPT 4
FRONT = 20' LOT 12A, FORT RAYMOND SUBDIVISION, REPLAT No. 1 (PLAT 87-12)
SIDE = 5' OR 10' ZONING: R3, SINGLE, DUPLEX, MULTI -FAMILY RESIDENTIAL
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ZONING: R3
AVERAGE LOT SIZE: <6,000 SQ. FT (DUPLEX) & 9,000 SQ. FT. (FOUR-PLEX)
AVERAGE HOUSE SIZE: 2,000 SQ. FT (DUPLEX) & 3,600 SQ. FT. (FOL§R-PLEX)
DATE: 01-10-22 1
Community Development Department
Jason Bickling
Director Notes:
➢ June 28 Work Session Coming Up — Municipal Lands Inventory and Use Plan
Review. It has been completely reformatted with 85 new maps and better
navigation that make it a much more useful document.
➢ Jesse Lee Home Property Update: Coldfoot is nearly finished removing
contaminated material. Once that is complete, we will work with Metco on fill and
grading.
➢ Cemetery Work: Ground Penetrating Radar work has been scheduled for
September. We will be placing the Columbarium in the Cemetery this summer.
➢ Selena Soto, our Planning Assistant and GIS developer, has created a new
Seward Zoning Map that is more useful than our previous one. The zoning
colors are now transparent so that you can see the photo layer and the lots are
now clickable to identify ownership. It is located on the Community
Development Webpage under "Maps". With her skillset, we are able to do things
like this in house instead of paying an outside contractor. She is currently
working on a GIS Map for Parks and Recreation.
➢ As part of our effort to do a better job in educating the public on what they can
and can't do with the property, Courtney Bringhurst, our Planner, has created
brochures for each zone that inform (in laymens terms) both development and
land use requirements. These are located on the Community Development
Webpage under "Zoning Brochures." Hard copies are also available in the office.
➢ Continuing work on housing development pieces — Forest Acres Utility Expansion,
Hemlock Subdivision, SMIC Bench. Outside of City Limits: On going Borough
conversations, working on contact with USFS for available residential lots outside
of city limits.
➢ Working with attorney on a few compliance issues: STR, property use violations,
etc.
➢ DRP: continued work on the one in process and a potential one that is upcoming.
➢ Public Works Site Research and Tasks
U11
➢ Continuing GIS work for Community Development, Fire, Building, Public Works,
Utility, and Parks and Rec.
➢ We are continuing with our normal business of processing of records requests,
short term rental permits, replats, CUPs, and consulting regularly with
community members that have questions about the development and use of
their land and helping with applications.
NVA
Electric Department
Director Rob Montgomery
➢ Seward Chamber EV Station — Electric Department personnel met with Chamber
Executive Director Kat Sorenson and participated in a brief planning call with the EV
Charging Station vendor to begin finalizing plans for service installation. The Chamber
would like to activate the charging stations in late June or early July.
➢ Customer Reclassification — Communications to customers being moved from
Large General Service (LGS) to Small General Service (SGS) began the week of June
20. These customers are expected to see a slight decrease in their electric bills as a
result of the change. This effort is the second part of work to reclassify customers
who were in the wrong classification, found following an audit of commercial
accounts. In April/May, customers moving from SGS to LGS were contacted and
made aware of their move.
➢ ""One Railbelt" Marketing — I will be participating in a work group focused on
marketing a "One Railbelt" brand as the Railbelt electric utilities work together to
plan and prepare for the future. A key part of the strategy is showing unity and
work as one in seeking federal grants and other funding to invest in transmission
system upgrades and renewable energy generation.
➢ Bradley Lake Project Management Committee (BPMC) — I participated in the
regular meeting of the BPMC on Friday, June 24 in Anchorage. The BPMC is continuing
its work to plan for transmission projects to deliver more Bradley Lake hydro power
across the Railbelt.
➢ Railbelt Utilities Managers Meeting — I participated in the regular meeting of the
Railbelt Utilities Managers Meeting on Friday, June 24 in Anchorage. Agenda items
discussed included the Railbelt Reliability Council, renewable energy opportunities and
battery storage in strategic locations in the Railbelt.
18
IV
Fire & Building Department
Fire Chief Clinton Crites
We can always use volunteers, if
you or someone you know is
interested in serving your
community, please give us a
call at 224-3445 or stop by at one
of our trainings on Wednesday
evenings at 7:00pm.
3
Statistical Information;
Fire & Life Safety Inspections 2022 YTD:
236 with 205 violations noted.
Emergency Calls YTD: 135
New Building Permits Issued 2022: 29
with a total valuation of $6,892,030.55
• Assisted the National Park Service and Bear Creek FD on a Swiftwater Rescue June loth
• Crews completed annual hose testing June 15th
• Preparing for operations for the July 4th festivities
• The Burn Suspension is still in affect
Fireworks injuries �'''' '•
H dCFQ*!J Water Safety Tips
S,n rrr k'iA aqN sMAmR it you pu boding,
e,iihh a Gaddy. "p0ar a IWO bmkel!
rrk. .rrr:r ..r• :r �r .�r•, �:rrrrrrr
Please wear a life jacket when in or around
water, accidents happen even to those who
know how to swim!
1 0 9 000 Rveraf7a number of serious injuries in -the
U.S. each year by firf-works
1 NunOCULipaliurial, Percent rrr injuries
tirnwnrks-rclatrd 36 arc rhil�iren ynimgrr
dealhs during 2018 lhari 15
Percenl ui irijuries Percent of injuries
66 ;ijffcrod by mah, in34
suftcrcd bytrrnales
2019 in 2019
Most injured .....ao
body parts Hands and
15 O
Eyes,......
10%
Arms
23%
Legs
�5?°!a
7lere. burns
fingers
16%
Heads,
faces and
ears
6%
Trunk and
other
Source: Consumer
PKodud SIre(y
* commission,
Gf75G. o4
Graphic. art.
Tribune rbwxs
Service
Please leave the fireworks to
19 professionals!
With the Fourth of July Fireworks approaching, don't forget about the wellbeing of
your pets. Fireworks July V at midnight
KEEP PETS INDOORS
Don't bring your pets outside during the fireworks! Loud pops and
booms could easily startle your pet and cause them to run away.
PROVIDE A QUIET PLACE
Prepare a place for your pet such as a quiet room, pet carrier, or
crate to help them feel secure.
GIVE THEM DISTRACTIONS: TOYS, TREATS, SOOTHING MUSIC
Treat toys such as kongs filled with their favorite food may help
keep their minds busy and distract them from the fireworks.
MICROCHIP & ID YOUR PETS
Your pets should always have proper identification tags, with
up-to-date contact information. Microchipping is also strongly
recommended and make sure that information us up-to-date too!
WALKYOUR DOG EARLIER IN THE DAY
Some pets may be too frightened to go out once the fireworks are
popping and this will be a good way to tire them out so that they r�
can rest better later.
WE HOPE THESE TIPS HELP KEEP YOUR PETS CALM AND SAFE DURING FIREWORK CELEBRATIONS.
SEWARD FIRE
W
Harbor
Harbormaster Norm Regis
➢ The 330-ton Travelift has been very busy this week we are currently placing vessels
into the water, there is roughly a week or so waiting list the yard is almost empty.
➢ We are working on the SMIC yard drainage to keep water flowing into the ditches.
➢ The water is on at all locations in the harbor.
➢ We have opened G, K and L-float still waiting on the pedestals, no water is available
but we did set up a location between K and J float for the vessels to clean or get
fresh water. STILL WAITING ON THE PEDESTALS.
➢ We are still working with the public with COVID protocol in mind while continuing to
do boat lifts and public contact in the Seward Harbor office.
➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is
starting to take shape, just a few more items to deal with and we can lease out the
property again.
➢ The harbor office is currently open seven days a week.
➢ Continuing to have meetings for the North East harbor launch ramp, the contractor
are placing the concrete ramp and other items for the project.
➢ The North East parking lot paving is completed take a drive to see a great
improvement for that area.
➢ We have applied for a federal grant from the PIDP for the washdown pad.
➢ We are continuing to work with Moffatt & Nicole on the design for the 5-ton crane
on I -Dock.
`A
c
PA
Seward Community Library & Museum
Bailey Sayler
MUSEUM TEMPORARY DISPLAY
Seward Coal Loading Facility
The Temporary Display space presents a history of the now abandoned coal loading terminal.
Learn the history of the terminal, along with its machinery pieces, and issues the terminal faced
in its 32 years of operation. Also featured are historic photos of the terminal and models of
historic Alaska Central Railway train cars and modern Alaska Railroad passenger cars.
MUSEUM WINDOW DISPLAY
Alaska Souvenir Spoons
Featured in the Windows of History display is a collection of Alaska souvenir spoons. Learn a
brief history of souvenir spoons in the USA and a history of the collector and donor of the
spoons, local Barbara Shea. The spoons feature a variety of Alaska towns and motifs such as
Seward, Valdez, Mt. McKinley, totem poles, and miners.
Play in Chat
Every Tuesday and Thursday, the Library and Bloom, work together to bring arts n crafts, story
time, and play time for our younger crowd. Tuesdays we meet in the Library and Thursdays we
will be meeting parents at the waterfront park as weather permits.
Discovery Kits
We have new Discovery Kits out for the public to use. New kits include Montessori letters and
numbers, Zoo -Phonics, Anatomy, Cells, Time, Planets, Aquatic Discovery, and many more.
Seward Summer Reading Program
The Seward Summer Reading Challenge has started. We have reading
logs available for patrons who wish to sign up and we will be having craft
days on Wednesdays at 10 a.m. All ages are welcome to participate in the
challenge.
Movie @ 2
The Movie @ 2 features the Waves Over Seward film that is shown, Monday — Sunday, at 2 p.m.
for a $5 admission price.
23
Cosmos of Science was a big hit with the community. We had 25 attendees and during the event
we had a NASA employee show up. We were able to teach coding, circuits, create planets,
experiments with UV rays and so much more during the event.
Upcoming Events
June 18- Game night from 3-5 p.m. at the library!
1",
Tr
4
. s`
July (Tuesday) movie nights at the library! Come bring your family for a fun night watching a
movie.
Pedro's
Pan
July 12 at 10 a.m. - Matthew Lasley an Alaska Author is coming to read
his book, Pedro's Pan. s
N
Imo: - 1�-
July 20 at 10 a.m. - 80% Studios will be presenting a work shop on
,t the Chickaloonies comic book series, storytelling, and creating comic
►; books.
a. 1, VO
August 2 at 10 a.m. — Whitney Anderson an Alaskan Author and Illustrator
will be at the library to read her book, Ocean Bear.
For the month of May we served over 10,000 patrons. mm m&23ii
Library hours
Tuesday — Friday
Saturdays
9 a.m. — 6 p.m.
9 a.m. — 5 p.m.
Museum Summer Hours
Tuesday — Saturday 11 a.m. — 5 p.m.
We are currently taking passport appointments for new passports. The library does not do
renewals. Please call 907-224-4082 to make an appointment.
24
Parks & Recreation
Ali Willhite
Subscribe to the Parks & Rec Newsletter:
https://tinyurl.com/sewardparksnewsletter
Advertising for summer seasonal positions — Campground Attendants, Parking
Attendants
Training Maintenance Aides
Working on updates and repairs for the shower house bathroom
Campgrounds
Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today:
https: //www.cityofseward.us/departments/parks-recreation/campa rounds
YTD Campspot Bookings as of 06/17/22
Period
Site Nights
Completed Bookings
9,696
Advance Bookings
11,745
Total:
21,441
Snorts & Recreation
AVTEC Gym
Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student
Services Center) through a facility use agreement with the school. Visit RecDesk for details.
AVTEC Gym will be closed to the public beginning July 15t until after Labor Day. We
are preparing a newsletter and membership letter to notify the community.
AVTEC Hours in June
Wednesday — Friday: 2:00pm — 8:00pm
Sauna Hours in June
Wednesday — Friday
Men: 5:00pm — 6:00pm
Women: 6:00pm — 7:00pm
Register for programs and reserve facilities:
https://seward.recdesk.com/Community/Home
View program details:
https: //www.cityofseward.us/departments/parks-recreation/sports-recreation
Program Name
Date
Total
AVTEC usage
June 1 - 15
35
Youth Bear Bell Run
June 17
30
W
Ongoing Programs in June
• Tot Time — Wednesday 2-4pm & Friday 2-4pm
• Soccer — Wednesday 6-8pm
• Adult Basketball — Thursday 6-8pm
• Open Volleyball — Friday 6-8pm
Volunteer Opportunities
Looking for Youth Soccer Coaches for the 2022 Season. July — August. Practices on Monday
and Wednesday nights. If interested please email Jenny Rutledge at
Jrutledae cityofsewa rd. net
41
Public Works Department
Doug Schoessler
➢ Public Works Director
➢ Report on Operations for the Bear Mountain Landslide
Metco will use the large excavator one last time before it demobilizes We plan for them to
do a debris removal from the ditches and the large rocks from the edges on Thursday June
23rd. There will likely be flaggers with 20-minute closures during this day. Then on
Wednesday June 29, they will set the concrete jersey barriers along the rockslide edge
along the mountain. There will also likely be flaggers with 20-minute closures during this
day.
➢ Streets Department
The Streets Dept operators are working on
alleys to add material and smooth them out.
They have completed most of the painting for
crosswalks and are working on repainting the
yellow curbs. We worked with DOT to get the
center lines and fog lines painted throughout
town. There is still a few to finish on their next
trip to Seward. We continue to patch asphalt
potholes and grade gravel roads. Dust control
on gravel roads is almost complete. We will
continue to water as needed but hope for a little
rain to help keep the dust down.
➢ Water & Wastewater Department
Construction and locates are in full swing and keeping us busy. Lagoon testing of both
systems had very good results and stayed within permitting standards. Multiple locates and
Dig Permits have been and continue to be processed weekly.
➢ City Shop
Preventive Maintenance work on vehicles and equipment is being performed weekly.
Repairs are fewer and are being done as necessary.
MA
June 2, 2022
Dear Seward City Council:
Cook Inlet Aquaculture Association
I was appointed to the advisory board for Cook Inlet Aquaculture Association last fall,
representing the City of Seward. CIAA is involved in salmon production for the Kenai Peninsula.
Our Chamber of Commerce contracts out with them to enhance the silver run (there are very
few naturally spawning, wild silvers in Resurrection Bay). CIAA also releases millions of red
salmon here, mainly to harvest the adults as they return in order to raise money for their
operations. The following is a synopsis of my observations and recommendations thus far.
These observations are limited to my research and monthly board meetings.
Cohos (Silvers): About 30,000 coho (silvers) smolt were recently (May `22) released into
Resurrection Bay. This is funded through the Chamber from funds raised during the Silver
Salmon Derby in August. This is a decline in numbers— 2021 had around 60,000 released, and
2020 had 97,000 smolt released, and is a result of a decline in funds raised during the 2020
Salmon Derby. This decrease in release numbers may result in smaller coho returns a couple of
years from now.
Sockeye (Reds): About 1.4 million sockeye smolt and another 2.5 million sockeye fry are being
released this month into Resurrection Bay and Bear Lake. The smolt have been towed to
Thumb cove for release in recent years, but are being released in the Spring Creek area this
year. The sockeye releases are primarily for CIAA's benefit —the returning sockeyes are
caught by seiners they've contracted out and sold at local canneries in order to raise
money for CIAA. The sockeye fry are raised in Bear Lake for a year; CIAA "fertilizes" Bear
Lake in order to increase plankton as a food source. The following spring the fry migrate out as
smolt into the bay.
The red fishery at Spring Creek is a direct result of these smolt and fry releases. The city
has supplied the area with outhouses, garbage cleanup and other resources. I counted over 160
cars involved in that fishery on a recent Friday morning. The value of this sport fishery to the city
is undetermined, but the fishery is almost entirely created by these hatchery reds as they return
as adults to be harvested by CIAA.
Recommendations:
1. Silver salmon are of great value to the Resurrection Bay system. Within the bay, the
sports fishery is almost entirely dependent on these fish returning yearly. The salmon
derby is a boon to our economy, and like the Mt. Marathon race adds name recognition
to the city.) think it would be prudent for the city to support the Chamber in funding this
resource, and encourage the sports fishery industry to kick in some support in order to
ensure future returns. The silver catch has increased five fold in the last 50 years. This
increase is due entirely to hatchery fish, which don't readily spawn. Seward has very little
spawning habitat for a natural run of Silvers.
28
2. The red run at Spring Creek is creating some issues, and should be evaluated. CIAA
doesn't benefit from the sports fishery (the fish are meant to be either caught and sold,
or used to populate the hatchery), and has attempted to move the release sites to
decrease predation on the smolt and fry. I think it was wise of them to discontinue
releasing the smolt in Thumb Cove —this could create a sports fish snag fishery there,
inside the state park, which could be problematic.
3. CIAA should increase its communication with the city. In the past they have released
reds into Grouse Lake, First Lake, and Thumb Cove without notice —and again, these
reds are used solely to fund CIAA's budget.
4. CIAA's operations in this area don't appear to have a negative impact, other than Spring
Creek. I'm not sure how healthy the Bear Creek system is, but we should all strive to
keep it as healthy as possible. We don't have the same issues that Homer has (Tutka
Bay in Homer is shallow, has little water flow, is surrounded by state park land —and we
don't raise pinks here).
5. There is concern that too many hatchery fish are flooding the Pacific, in particular, pink
salmon. These pinks are proven to out compete all other salmon (even orca and herring
take a hit). Our reds and silvers have decreased in size (last year's derby winner was
significantly smaller than average). CIAA is involved in a battle to close its Tutka Bay
Hatchery (Homer) due in part to these concerns.
Feel free to contact me with any questions. I'm also willing to come in for further discussion as
needed.
Bob Barnwell
907-599-0493
P.O. Box 2611
220 Bluefield dr.
Chamber Deport - June 2022
CIS._`= 9�FOR� THE 5TO4`-' 'u DES We're Fast approaching July which means all
har,,ties cr,, aet,�'or 41�- ,V: Jti rvi Visr.ors keep streaming in Derby Booth is open for
information Four clays a week. and we're seeing tons of visitors at both locations.
ED Update
i 1;'4rorKing on insuring all the proper
:paperwork is compl eted for a I I of
ourevents MMR. 4th. Derby,
-ireworks.
• Working to create a interactive trails
map page on ourwebsite allows
`or a va riety of 'trai Is'
• M"e:wi ,C^iefofStafffor
Mu rKowski's office to discuss
mousing/employee
« Created landing pages for Lowell
Point Road Closures.
• Spoke at a lot of early season
training events
• AKRR meet and greet went well
• Luncheon hiatus until the fall,, but
already have a stacked lineup
NEW MEMBER BENEFIT - Job Board
I r!v SSV;atd area job board � 56',v I,.* �� t�,a-d
Ahv rertre•Cal .a0bad Lhe•oboge-i-up i ec1�
Ih oigh she • Wo 1.aI IN h Ihe-e are pdehLy of caLega•ee
aAd wayf LO W6 6Le a-ry p6S.L 6-1 a yOd •ray have - a
or 1+ear-IOU rrd We lI he CO It h.JaIN pro•roG 11s4 the boa d
trprgtoget the %vordo.althat texsLsand -rake ILhego-
to place for shar hg oboppo,u-i teL h Seraa,rd
We atso held afro -it I hee-rplq ee,;ab la:• h May that xis
a huge success It was featured in the ADN and c✓ah netted
a bt of btal bus, nesses wth potent al employees..
Visitor Center
1,230 Visitors in May
Outc Cr sea _I at VC
Willard Duf-.-a7� mural fortune
Last minute loc:r: avallabilityForm
ave a::: e daily
Spru ced a w, - n e -rant garden beds
Derby booth ow en as "satellite" Four
days a week
Fourth of ]uly/Mount Marathon
« Nearly4C vendors for this year's event, they wil l be located along Adams and
in the Fire Station lots. Reallyexcited about this new set up.
• Race preparations are going smoothly and will be a return to pre COV'ID ops
• Will have familyoriented games on Church Street on Saturday/Sunday
« Will have an announceratthe base of the mountain
• Working on Pasta Feed
• SCFwill be selling raffle tickets fora bib
« Check ou t se-wa rd.com forfull calendar of events.
Silver Salmon Derby
All permits are Ir' ar,b apsproveu with the State. planning is going smoothlyanrd
will ramp up after the Fourtn 'Look for more Fun sidebetopportunities this year!
30
JUN E 2012 CHAMBER DIRECTOR REPORT
Mount Marathon & 4th ofJuly
O; er 40 von do rs at this year's even t
goat parade and Road parade sign ups -open to public
Kids corner has a slcwv afgarres - c*gg tans. slow bike race, fish toss, tug of war fchamber1 corn
hole spik.•I_oll,yayr!
Race & Festival Guide to print w, ill ,:rri.. Ca t:sr:r vr` .Ir__ 2:., with stories featuring locals like
lia:.'.:;1-.;L:r .:i :. _uYl_ir SCiiIii-cj
VoIunteer spots FiIIir ip ae rusW all _ : _rt: 1_.iL w.:- still need voIunteers!
Working to make this }'_-c:I _ :•.:_-nt inclusive t:; all 10e.;II ,;r visito rs with ac tivities for a11.
IM
WAYRO CHAMBER OF COMMIPCE
W. CvO & VISITOR CErrTER
i�r I'19-�v� v4 ICI v41 rn�1"?a"l"!`:y
other projects
• Supp:_;r:ec.="ermeid Fes:i•.ra & C000er _ar~c.irrj =es-Jva' wi.h equipment
■ Crea.lr--] a variety of memoer-IL11Crla s & Orcicesses
Comr-unicetions . scheduling posts arc: LI0C.3.lr7g ever". E--osi:e
Worki ng with CDatafy to quanti fy seas-.:;r a er- c, _rx ee Pi s
• Sustoin@bleSewe rd #5 Plastic re it Ir-�.c, ur"'Oer a.. e le:ice
31
MAY ZGZZ CHAMBER DIRECTO"
�] 14.
sd"'tta ct a i4plg FRIER JULY 1ST
12 PM - 6 PM Sorne faslooal ibcolha a pim (Adam% 10 & Fourth Ave.}
SATURDAY- JULY 2NU
10 AM - 7 PM val bcc1'75 oper, (,Ad�M5 St. �hu, ill St.. & Fc-urth Axe)
S,lor. by Chi,cri St. L:,d see Atot r-7-ly Oct, F;es CIE pi,7nr,,E,,4 fcr the doy.1
SUNDAY. JHY HD
IOAM-7PM b4cm� apc(Ada.a. -,% 5t, Churct, S-., & Fcrw1h.A,e I
Swl,- by St, a-ld see atxaL fgMdy L3C4-1 J�L'S C-a. plunni:i for &iE ji-i!
2:00 PM Sh�a-eijng 5aaie Ca �--orripe,,,_aq a-E-varCaLwy S<amE;Iark `Lgr-.jp a- 1�:1212;111',, (Ba.maine Bl.-3.;
5 PM - 7 PM Annual Pie Sa, at Seward *-I E!rr)L-!- al Jiired MEthcc is t :�Pw ch o-.jrth Ave & Uhurch St.)
5 PM - 6 PH Wi Oa--i-p C.Sewar-: High Srhocl"
6:00 PM R-ifne & awe -,ion Rw rmqk.ri % alld ra��r (Sey.4, rl t#0 SChool)
6:45 PM Race BrafEt-, -nEEtl-g rSewa,cl High Schocl,
I I :00 PH (So;k-. paracqr-, 1--arnor S -larr,
MIDNIGHT Fou,--!h of i kre,4s�o-k5 -� aolay iSeward -4arbor & Waterl•ont ark)
MWAY- JULY 4TH
,8:00 Alit A-ar jal Pie Sa e at Seward Mer-io-.0 Jr.ited Melzziit C Avu. &,Lhirch St-)
-8 AM 4 PM Rj-,v tc.1r,, ,`•pen + jtwing-a ciqr :11i Ayqi
,S:SO AM Sln'gLng C:f"-,e Hat ::ria.; Ar-hem
9AM 6PIM I eilval bellthl optr, {Ada,-n5 St. �i, & F c u,,.h A,ir)
9 049 AM jur,;o- Race I Mass s.-,arl 4-0r nay& and giOE% ;�aur-t- Ave & Adams A,)
I ... I ......... ------------------------------------- ............ L .............................
10:00 AM I upo - Pod; �-n Awards Presentaticr. (A-if-.,-u ncer grar.cV.ar, c, PC u.rl h A,S.)
10:45 AM Mq, MC�lnt Rater Roqr-j JD I enu,-,h Ae & A..-;,tn.,, ly, ,
I 1:0,o AM Si::Dp-.,- Joe Bocith a- the L,;'tieran Lliui-O I hires Ave. & efferso- St.)
11,00 AM P �;'Il Ai b F e-c-c at -. ne Amer can -eg. on (P h Ave & .:e ftetsori S,L
Lce Ist Wwm (FQi & Adams St.) 1':;� AM t'--i 'A',,,'e
11:0) AM Meg � Ram 2nd Wave (Fowv% A,w & Ajaml St.)
11:0& AM Men's Race 3rcf V. e..z i -7h Ave- & Adams St.)
.................... .................................................
11:08 AM Mini Moum Mai,,- Ida 'ui � t- ye&r old% (I ti r1h Aw* & Adam St.)
12:15 PM r m P- -. .,- A,..-.. cntaticr (AnnounmrZrandstand, Fo-,,11, Aaq= I
1:00 PM I "-. 11 VI : , I i. 1-). ---i. own. arts p. 27 (or rc) w c,)
................................. ..............
2:00 PM urtn Aye, 3 Adarn, S!
2--0 3 PM Wc-ner- B r, -- VJ a y �j Ljo t, Ave &- Adams S1-)
2:06 PM Wcmen'skace3rdWare Fourth Ave.& Acamsk)
.............
3:15 PM Wc-pers PudiurriANard= Presen=icn (Announcer grandstand. 4ourth A-oe.,,
Ab,L ' F,- Gyfrf'a &I urn 9 Fc,- rth A,e. I
11:00 PH Awards �:efemcin-,
32
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Ordinance 2022-008
Documents:
• Agenda Statement
• Ordinance 2022-008
34
City Council Agenda Statement
Meeting Date: June 13, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Ordinance 2022-008: Amending Seward City Code Title 15.10.222
Development Requirements — Table Notes, Letter E to Allow more Density in
the Auto Commercial and Central Business Zoning Districts
Background and justification:
Developable land is limited in Seward. The Comprehensive Plan for the City of Seward states that
one of its goals is to "promote infill development by encouraging and promoting construction on
vacant sites in areas of the City which are already established" (Vol 1, Ch 2.2.11). Many of these
underutilized lots have limited space on which to develop adequate housing to make it worthwhile to
a developer as well as appealing to those seeking homes. Changing City Code to be more favorable
towards higher density housing of homes other than studio apartments, will allow developers to
construct housing that utilizes the space available in Seward more effectively.
On March 29, 2022 the City Council reviewed and approved the Planning and Zoning Commission's
priorities two of which included, "contribute and collaborate as needed to help be a part of the
solution for the housing issues that Seward is facing," and "make recommended updates to Title
15."
On May 3, 2022 the Planning and Zoning Commission approved Resolution 2022-012,
recommending the City Council amend Seward City Code 15.10.222 Development Requirements —
Table Notes, Letter E.
Development Requirements — Table Notes, Letter E has been amended as follows:
Amended
Ordinance
Code Section
Page #
Amendment
Strike "All said districts" and inserted R3, UR, and OR. Allows
15.10. 222.Note 2. E
1
multi -family dwellings of five or more units to be developed on
9,000 SF without the additional 1,200 SF requirement per unit.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Vol 1, Chapter 2.2.11 — "Promote infill development by encouraging and
Plan: promoting construction on vacant sites in areas of the City which are
already established."
Vol 1, Chapter 3.2.1 —"Promote residential and commercial development
within the City of Seward and its vicinity in accordance with community
values."
Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward."
Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing
development within the City of Seward."
B&
Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-
10)
• Encourage construction of residential and seasonal housing at all
market levels
Promote in -fill development by encouraging and promoting construction on
vacant sites in already established areas of the City. (Page 10)
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
X Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
X Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC
Boat Harbor Parking
Motor Pool Other
Unassigned Fund Balance*: $
Available Unrestricted Cash Balance*: $
Attorney
Review-,'
RYes
Not applicable
Electric Wastewater
Water F1 Healthcare
Finance Director Signature:
*unaudited numbers
ministration Recommendation
eX Adopt Resolution
Other:
K11
Sponsored by: Bower
Introduction: June 13, 2022
Public Hearing: June 27, 2022
Enactment: June 27, 2022
CITY OF SEWARD, ALASKA
ORDINANCE 2022-008
An Ordinance Of The Seward City Council, Amending Seward City Code
15.10.222 Development Requirements — Table Notes, Letter E To Allow More
Density In The Auto Commercial And Central Business Zoning Districts
WHEREAS, on March 29, 2022 the City Council approved the Planning and Zoning
Commission's priorities, two of which included, "contribute and collaborate as needed to help be
a part of the solution for the housing issues that Seward is facing," and "Make recommended
updates to Title 15"; and
WHEREAS, on May 3, 2022 the Planning and Zoning Commission approved Resolution
2022-012, recommending the City Council amend Seward City Code 15.10.222 Development
Requirements — Table Notes, Letter E; and
WHEREAS, it is in the best interest of the community to periodically review and update
the City zoning code to reflect community changes and needs; and
WHEREAS, it is recognized that developable land within Seward is limited, and
development requirements should reflect the need to allow more productive use of that limited
land without degrading the quality of community life; and
WHEREAS, parking requirements for multi -family dwellings will not be changed and
must be met; and
WHEREAS, development requirements for AC and CB Districts such as building height,
lot coverage, and lot setbacks will not be changed.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 15.10.222 is hereby amended to read as follows (new
language is in bolded italics and underlined, and deleted language is stricken):
TITLE 15 — PLANNING AND LAND USE REGULATIONS
Table 15.10.222 Development Requirements — Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary
of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp,
building height is limited to 26 feet.
37
CITY OF SEWARD, ALASKA
ORDINANCE 2022-008
NOTE 2.
A. Buildable/useable area —Lot may have to be larger to have minimum buildable area
available.
B. In the R1, R2, R3, UR, OR, AC and CB Districts, from the Seward Highway/Phoenix
Road intersection South, to include the Bayview Subdivision, 3,000 SF and north, 6,000
SF with 30- and 60-foot minimum frontages respectively, for single-family residences.
C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction
below 20,000 SF is to accommodate required widening of an adjacent right-of-way.
D. In the R1, R2, R3, UR, OR, AC and CB Districts, individual lots of at least 3,000 SF in
the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview
Addition may be developed for single-family residences provided all other development
requirements of this chapter are met.
E. Multiple -Family developments (except studio apartments) with three or more units
require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF
in the RM District. All said dis ^+^ R3, UR, and OR Districts require an additional
1,200 SF per unit of five or more units.
F. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR,
OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within
the Federal Addition Subdivision require 5,000 SF. All other development requirements
of this chapter shall be met.
G. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require
a minimum of 9,000 SF. The total square footage required for lot setbacks shall be
reserved as open area. All other requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-D and 2-E above.
NOTE 4. From Seward Highway/Phoenix Road intersectionSouth, a five-foot setback, each
side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total
between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels
abutting the waterfront boardwalk —Five feet; and parcels not abutting the waterfront boardwalk
or mean high water mark —Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for
unmanned electronic sites.
38
CITY OF SEWARD, ALASKA
ORDINANCE 2022-008
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other
than those allowed in an R1 district, except for a long-term care facility, aka skilled nursing care
facility.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
27th day of June, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
39
Resolution 2022-077
Documents:
• Agenda Statement
• Resolution 2022-077
• Attachments:
o 2022-2023 AVTEC Contract
Ato]
City Council Agenda Statement
Meeting Date: June 27, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2022-077: Authorizing the City Manager to Enter into a One Year
Facility Use Agreement Between the City of Seward And the Alaska
Vocational Technical Center for the Use of the Student Services Building for
Public Recreation and Appropriating Funds
Background and justification:
The Alaska Vocational Technical Center (AVTEC) Student Services Center (SSC) facility provides a
viable recreation site for the public in a variety of programs including: roller skating, youth
basketball leagues, youth and adult open gym, adult basketball, wallyball, volleyball and
racquetball leagues and programs, weightlifting, aerobics, rock wall climbing, annual special
events, and other special programs. This facility is a valuable asset to Seward Citizens and the
collaboration between AVTEC and the City of Seward Parks and Recreation Department has
allowed ongoing programming to take place in the community. This contract is of a benefit not only
to Seward residents, but also to AVTEC as well.
The current, three-year contract between the City of Seward and AVTEC expires on June 30,
2022. This contract proposal is for a one-year duration at the amount of $400 per day for 90
days, for an estimated total cost of $36,000.
An appropriation is necessary to provide funding for activities taking place from July 2022 until
December 2022. As part of the budget process, City Administration will include $80,000 in the
proposed operating budget for Sports and Recreation in 2023.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.4 Recreation 2.2.7 Community Partnerships 3.6 Recreation
Strategic Plan: Page 3 Recreation and Leisure Page 12 Develop Additional Recreation Facilities
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 36,000
This legislation (✓):
Creates revenue in the amount of: $
x Creates expenditure in amount of: $ 36,000
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
x Not budgeted
Not applicable
01000-1420-7017
to
unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
x General SMIC Electric Wastewater
Boat Harbor Parking F1 Wat F1 Healthcare
Motor Pool Other
Unassigned Fund Balance*: $ 2,503,985.03 *unaudited numbers
Available Unrestricted Cash Balance*: $ 8,073,870.33
Finance Director Signature:
Attorney Review✓ Administration Recommendation
x Yes x Adopt Resolution
Not applicable Other:
E,%
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-077
A Resolution Of The City Council Of The City Of Seward, Alaska,
Auhtorizing The City Manager To Enter Into A One Year Facility Use
Agreement Between The City Of Seward And The Alaska Vocational
Technical Center For The Use Of The Student Services Building For Public
Recreation And Appropriating Funds
WHEREAS, the Alaska Vocational Technical Center (AVTEC) Student Services
Center (SSC) facility provides a viable recreation site for the public in a variety of programs
including: roller skating, youth basketball leagues, youth and adult open gym, adult
basketball, wallyball, volleyball and racquetball leagues and programs, weightlifting,
aerobics, rock wall climbing, annual special events, and other special programs; and
WHEREAS, for a number of years the City of Seward and the State of Alaska
Department of Labor and Workforce Development Alaska Vocational Technical Center
(AVTEC) have entered into facility use agreements to best utilize the facility and offer
recreational opportunities to the public; and
WHEREAS, the current operating contract between the City of Seward and AVTEC
expires on June 30, 2022; and
WHEREAS, Resolution 2022-062 appropriated the necessary funding for the
provision of this facility use through June 2022; and
WHEREAS, the AVTEC facility provides a valuable space for Parks and Recreation
to offer events to the Seward Community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is authorized to enter into a one-year Facility Use
Agreement between the City of Seward and the Alaska Vocational Technical Center
(AVTEC) for the use of the Student Services Center.
Section 2. Funding in the amount of $80,000 will be included in the 2023 Parks and
Recreation Sports and Recreation Budget Rents and Leases line item 01000-1420-7017.
Section 3. Funding in the amount of $36,000 is appropriated to the 2022 Parks and
Recreation Sports and Recreation Budget Rents and Leases line item 01000-1420-7017.
Section 4. This resolution shall take effect immediately upon adoption.
43
FACILITY USE AGREEMENT BETWEEN
City of Seward Parks and Recreation Department
And
Alaska Department of Labor and Workforce Development
Alaska Vocational Technical Center
1) PURPOSE, DURATION AND RENEWAL: This agreement is between the Alaska
Department of Labor and Workforce Development, Division of the Alaska Vocational Technical
Center, hereinafter referred to as "DOLWD AVTEC" and the City of Seward Parks and
Recreation Department, hereinafter referred to as "SPRD" and outlines the duties and
expectations of the DOLWD AVTEC and the SPRD regarding the use of the recreational areas
and equipment located on the first floor of the AVTEC Student Service Center, hereinafter
called the "facility" (excluding the ceramics room and AVTEC Recreation Specialist office) for
the purposes of the City of Seward parks and recreation program.
This agreement is effective July 1, 2022 for the duration of one (1) year, expiring on June 30,
2023. This timeframe is intended to allow for both parties to notify and get feedback and
approval of changes and renewal from their respective oversight bodies. Should this
agreement expire before terms of renewal are reached, an extension of the existing agreement
will be granted on a month to month basis until renewal terms or cancellation is agreed upon by
the respective oversight authorities.
2) PERMITTED USES AND LIMITATIONS: AVTEC agrees to permit the described use of
the facility/premises under the following terms and conditions:
a) The SPRD is solely responsible for assuring that the facility is not used for any unlawful
purposes or unsafe activity during its use and shall enforce and comply with all DOLWD
AVTEC policies, rules and regulations and any applicable federal, state, or municipal law
including any applicable fire or building codes. SPRD shall always adhere to all minimum
requirements set by the Fire Marshall during the activities or events.
b) DOLWD AVTEC reserves the right to enforce all applicable laws, policies, rules and
regulations. DOLWD AVTEC retains the right to enter any and all premises at any time,
and on any occasion without restrictions whatsoever. SPRD shall stop the event/activity
immediately upon instruction of authorized DOLWD AVTEC personnel and clear the facility
upon the sounding of the fire alarms or at the request of the authorized DOLWD AVTEC
personnel. DOLWD AVTEC retains the right to direct the interruption of any event in the
interest of public safety and to terminate such event when, in the sole judgment of DOLWD
AVTEC administration or their designee such act is in the interest of public safety. SPRD
hereby waives any claims for damages or compensation should the event be so interrupted
or terminated.
c) SPRD shall ensure that no alcoholic beverages, illegal drugs, cannabis products, tobacco
products, or firearms are brought into the facility, premises or any part of the facility,
including parking lots; smoking is permitted in designated areas only, SPRD staff will
44
enforce this policy and report repeated abuse to the DOLWD AVTEC Operations Manager
or their designee. Repeat offenders may be restricted from use of the facility.
d) SPRD shall not drive, or permit to be driven, any nails, hooks, tacks, or screws in any part
of the building, nor shall the SPRD make or allow to be made any building alteration of any
kind.
e) SPRD shall use only the requested portion of the facility and shall ensure that no other
portion of the facility is used or entered during SPRD scheduled use. Anyone (including
members, guests, or invitees) who enters any areas other than those designated may be
ejected from the premises and SPRD may be held responsible for damages that occur as a
result.
f) All SPRD staff must participate in the Wellness Center orientation during their first month of
employment to ensure they are knowledgeable in the appropriate use of all fitness
equipment and can properly monitor the users. The DOLWD AVTEC staff is available, by
appointment, for staff orientation to the proper care and use of the equipment in the
Wellness Center.
3) AREAS & SCHEDULE OF USE: The SPRD will have access to and use of the facility for
no more than one hundred seventy five (175) days under this agreement (Between July 1,
2022 and June 30, 2023) between the hours of 8:00 AM and 9:00 PM and will submit written
schedules of the dates and times for its use of the facility to the DOLWD Operations Manager
or their designee. Submitted schedules and changes or additions will be accepted and made
in consultation with the DOLWD AVTEC Operations Manager or their designee.
a) Additional days for use of the facility beyond the one hundred seventy five (175) may be
requested and granted, depending on availability, at a cost of $400 per day. Requests
should be submitted in writing to the DOLWD AVTEC Operations Manager or their
designee.
b) Access to other areas may be requested and granted, with or without additional cost, and
depending on availability, in writing to the DOLWD AVTEC Operations Manager or their
designee at least one week in advance.
c) The sauna will be available three (3) days per week for four hours each use, split equally
between male and female use times; there is no co-ed sauna.
d) The gym will be available for use by the DOLWD AVTEC Student Activities program, from
6:30 PM — 9:00 PM up to two evenings per week between Monday and Thursday beginning
August 15 through June 30; scheduled days to be determined between the DOLWD
AVTEC Student Activities department and the SPRD no less than one (1) week in advance;
SPRD users and DOLWD AVTEC students are all welcome to participate in AVTEC
Student Activities department activities on these days when the facility is open to the public
through SPRD.
e) Individuals who present a valid AVTEC Identification card will be allowed access to the
wellness center, the locker rooms, sauna, racquetball courts, and gymnasium at no charge;
Valid AVTEC ID holders may bring one (1) guest who shall remain with the AVTEC ID
holder for the duration of the use of the facility. All ID holders and guests are subject to the
rules and regulations of the SPRD and AVTEC DOLWD. Questions about validity of
AVTEC ID or other issues regarding AVTEC ID holders or guests can be directed to the
DOLWD AVTEC Operations Manager or their designee for resolution up to and including
N6
restriction to facility use by individuals; SPRD programs, leagues, and classes are not
included in this section.
f) To participate in SPRD programs, leagues and classes, DOLWD AVTEC student ID
holders will be offered the discounted `Early Bird' rate available to all participants; one (1)
team from the DOLWD AVTEC Student Activities program will be eligible for a team fee
waiver for leagues utilizing the Student Service Center facility.
4) LARGE EVENTS: Notice of large events (greater than fifty [50] participants, including
spectators) will be provided to the DOLWD AVTEC Operations Manager or their designee not
less than one (1) week in advance. Notice will include the date(s), the type of event and
anticipated number of spectators in attendance. Large events of greater than fifty (50) users,
including spectators, will require additional SPRD staff coverage for security and building
monitoring during the event and clean up to remove overflowing garbage cans, general litter,
and refuse pickup during and at the end of the event; If additional DOLWD AVTEC custodial
services are required beyond the normal daily custodial services as a result of a large event,
the SPRD will be charged a rate of $50 per hour with a minimum charge of two hours for the
cleanup.
Spectators will be held to the same uses and limitations as SPRD registered users and subject
to the same consequences of violation including immediate removal from the facility and up to
permanent restriction of access to the facility.
5) PERSONAL PROPERTY: Loss of, or damage to any personal property of the SPRD users,
employees, agents or invitees during scheduled use hours and planned events is the sole
responsibility of the SPRD.
6) EQUIPMENT: The SPRD will provide all equipment needed by SPRD programs; storage
space will be provided by DOLWD AVTEC.
All equipment owned by SPRD and DOLWD AVTEC should be in good working condition.
Staff of SPRD are to notify the DOLWD AVTEC Operations Manager or their designee in
writing, of DOLWD AVTEC equipment that needs repair. Lack of timely reporting of broken
equipment may result in additional charges for repairing or replacing any equipment or other
property that is lost, damaged, or otherwise rendered unfit for use. The DOLWD AVTEC
reserves the right to make or contract repair of such damages as it deems appropriate and
negotiate with SPRD the actual costs of parts, materials, and labor and any potential loss of
use of the facility as a result, outside of normal wear and tear.
7) CUSTODIAL & MAINTENANCE: Full custodial services, maintenance and repair of
DOLWD AVTEC equipment and facilities will be provided by DOLWD AVTEC staff for the
duration of this agreement. The facility will be unavailable for one week during the DOLWD
AVTEC winter and summer break for deep cleaning; closure dates to be determined between
the DOLWD AVTEC Operations Manager or their designee and the SPRD staff.
General cleaning and facility monitoring to be completed by the SPRD as follows:
GENERAL CLEANING (SPRD):
e11
a) General cleanup each day and after major events in the facility; DOLWD AVTEC shall
provide access to a custodial closet for general clean up each day; cleaning supplies and
garbage bags will be stocked in that location
b) Clean up hazards such as spills, overflowing trash, and excessive dirt brought into the
building as it occurs and isolate any area determined unsafe, contaminated, or too dirty for
use as off limits and then notify DOLWD AVTEC Operations Manager or their designee as
soon as possible.
c) Keep bottles of cleaning solution full and clean cloths available for users in the Wellness
Center to clean the equipment during and after use. Notify DOLWD AVTEC when cloths
need laundering and replacing.
MONITORING FACILITY (SPRD)
a) Monitoring all users, including DOLWD AVTEC ID holders and guests, through sign in and
out documentation during SPRD scheduled hours; provide a monthly user report to
DOLWD AVTEC that includes the number of users by type and purpose of use.
b) Assume responsibility for the control of SPRD members, employees, participants, and
spectators during SPRD scheduled hours and events. Report misconduct of DOLWD
AVTEC ID holders and guests to the DOLWD AVTEC Operations Manager or their
designee.
c) Visually inspect the facility at least hourly for safety and to ensure appropriate use of
equipment and the facility and monitor behavior of the users; visually inspect and
completely wipe down all Wellness Center exercise equipment at least once daily; Monitor
the Wellness Center, when in use, every hour for safety and enforcement of published
rules.
d) Conduct a general sweep of the facility when the SPRD hours end, for cleanup and to be
certain all users have exited the building after locking the Fourth Avenue entrance.
e) The DOLWD AVTEC staff will conduct periodic inspections and notify SPRD and DOLWD
AVTEC Operations Manager or their designee of issues that arise.
MAINTENANCE REQUESTS:
a) Any equipment found to need repair should be marked with "Out of Order' signage and
notification made to the DOLWD AVTEC Operations Manager or their designee as soon as
possible, in writing, of the maintenance request.
b) Notification of the need for general maintenance and repair of the facility should be
reported as soon as possible, in writing, to the DOLWD AVTEC Operations Manager or
their designee; If an emergency repair is needed call the Residence Life staff at 907-224-
6100.
c) Closure of the facility for major maintenance issues, with the exception of the need to close
for emergency repairs, shall be negotiated prior to scheduling the repairs to make the least
service and fiscal impact on the SPRD users and programming.
8) KEYS AND LOCKS: The DOLWD AVTEC will assign the number of keys needed for SPRD
staff use upon request from the SPRD responsible staff. The SPRD staff will sign for each key.
There is a $25 replacement fee for lost keys. For security purposes the DOLWD
Afl
AVTEC/DOTPF maintenance staff may from time to time rekey the building; SPRD will be
reassigned the keys for the new locks as soon as possible.
9) INSURANCE: The SPRD shall always maintain in force during the term of this agreement
the insurance required in this section, and will furnish DOLWD AVTEC with a Certificate of
Insurance evidencing insurance coverage as follows:
a) Policy of commercial general liability insurance with a minimum limit of $1,000,000 per
occurrence. The commercial general liability insurance must include coverage for liability
assumed under an insured contract (including defense costs assumed under contract) and
shall name DOLWD AVTEC as additional insured. This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance programs afforded DOLWD
AVTEC.
Failure to furnish satisfactory evidence of insurance, lapse of a policy, or inadequate limits, is
grounds for termination of this agreement. All insurance limits are minimum. If the SPRD's
policies contain higher limits, the DOLWD AVTEC shall be entitled to coverage to the extent of
such higher limits.
10) PAYMENT AND USAGE REPORT: The annual fee of $69,600 ($5800 per month) for
one hundred seventy five (175) days of use from July 1, 2022 to June 30, 2023 is due per
negotiated billing agreement in one lump sum or monthly payments due the 5t" of each month.
The SPRD will provide DOLWD AVTEC with a monthly usage report that includes the areas of
use and number/type of SPRD users. This information will assist with DOLWD AVTEC with
maintenance and equipment replacement planning.
1 1) AMENDMENTS: This agreement may not be added to, modified or changed in any way
except by written agreement.
12) NO WAIVER: The failure of DOLWD AVTEC to insist upon the strict performance of any
provision of this agreement or to exercise any right, power, or remedy upon a breach thereof
shall not constitute a waiver by DOLWD AVTEC of any such provision, breach, or subsequent
breach of the same or any other provision.
13) INTERPRETATION: This agreement constitutes the entire agreement between the parties,
superseding all previous representation, discussions and agreements between parties. This
agreement shall be binding upon and shall inure to the benefit of the successors and, subject
to the provisions relating to assignment, the assigns of each of the parties. This agreement
shall be interpreted under the law of Alaska, choice of law excepted.
14) ISSUE RESOLUTION: Resolution of issues that arise shall be addressed in the following
order:
a) SPRD Director or their designee and the DOLWD AVTEC Operations Manager or their
designee
b) City of Seward City Manager or their designee and the DOLWD AVTEC Director or their
designee.
48
15) TERMINATION OF AGREEMENT: Either party may terminate this agreement with thirty
(30) days written notice. Should the DOLWD AVTEC initiate the termination, a date for
vacating the facility will be negotiated to accommodate user needs and removal of SPRD
equipment.
Authorized SPRD Representative
Date
Authorized DOLWD-AVTEC Representative Date
Resolution 2022-078
Documents:
• Agenda Statement
• Resolution 2022-078
• Attachments:
o Anixter Quote for Unitized Switch
611
City Council Agenda Statement
Meeting Date: June 27, 2022
To: City Council
Through: Janette Bower, City Manager
From: Rob Montgomery, General Manager - Electric
Agenda Item: Resolution 2022-078: Authorizing the City Manager to Purchase from
Cleveland/Price Inc. (Anixter) a Unitized Vertical Break Switch in a Not -to -
Exceed Amount of $66,257 for Installation at the Intersection of Nash Road
and the Seward Highway, Allowing Crews to More Effectively Control the
Flow of Electricity on the Local Grid and Isolate Service -Related Issues for
Repair and Appropriating Funds
Background and justification:
Phase I infrastructure work is expected to get underway in the spring of 2023. As part of the
construction, engineering plans call for the installation of a unitized vertical break switch that will
allow Seward crews to open (disconnect) or close (connect) an electric circuit, thereby isolating
sections of Seward's grid as needed to address service -related issues. With the ability to isolate the
issues on the system, service to customers in other areas will not be interrupted as
work/maintenance is performed on the isolated section.
In seeking a vendor for the switch, five vendors—Cleveland/Price (Anixter), Potelcom, Hess
Corporation, Gore Electric and Turner Electric —were contacted. Cleveland/Price was the only vendor that
responded offering a true"load break" capable switch within a reasonable timeframeof 28-32 weeks.
The purchase of and installation of this new switch is included in the Phase I engineering plans and
overall cost estimate provided by engineering consultant, Dryden & LaRue. The switch is a key
component in providing improved system reliability and service to Seward and the surrounding area.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and
Comprehensive Plan: encourage future development."
Strategic Plan: Reduce Energy Costs - Expand customer base within the Seward Electric utility area
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 66,257
This legislation (✓):
Creates revenue in the amount of:
x Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
$ 66,257
62
Funds are (✓):
Budgeted Line item(s):
x Not budgeted Revenue Bond funding (15000-0000-3400 to Contracted Services
account number 15000-3004-7009)
Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC
Boat Harbor Parking
Motor Pool Other
Unassigned Fund Balance*: $
Available Unrestricted Cash Balance*: $
Attorney Review-'
RxYes
Not applicable
Electric Wastewater
Water F1 Healthcare
Finance Director Signature:
*unaudited numbers
Administration Recommendation
xeAdopt Resolution
Other:
6%
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-078
A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City
Manager to Purchase from Cleveland/Price, Inc. (Anixter) a Unitized Vertical Break
Switch in a Not -to -Exceed Amount of $66,257 for Installation at the Intersection of
Nash Road and the Seward Highway, Allowing Seward Crews to More Effectively
Control the Flow of Electricity on the Local Grid and Isolate Service -Related Issues
for Repair and Appropriating Funds
WHEREAS, the new unitized vertical break switch will improve service by allowing
electric crews to isolate sections of the grid as needed to address service -related issues; and
WHEREAS, the new switch will allow crews to perform maintenance on a specific
section without interrupting service to customers on other sections of the Seward grid; and
WHEREAS, the Electric Department sought estimates from five industry vendors for
the new switch and Cleveland/Price was the sole vendor offering a "load break" capable
switch within a reasonable timeframe; and
WHEREAS, the purchase and installation of this new switch is included in the Phase I
engineering plans and overall cost estimate provided by engineering consultant, Dryden & LaRue;
and
WHEREAS, the new switch is a key component in providing improved system reliability
and service to Seward and the surrounding area.
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 purchase a unitized vertical break switch
that will allow Seward crews to isolate service -related issues so that service will remain uninterrupted
to most customers during power outages and scheduled maintenance activities.
Section 2. Funding in the amount of $66,257 is hereby appropriated from the Phase I
Infrastructure Project budget via the approved Revenue Bond from Electric reserves account no.
15000-0000-3400 to contracted services account no. 15000-3004-7009.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the
271h day of June 2022.
53
A141K(CW, 2200 E 63RD AVENUE
ANCHORAGE, AK 99507
*1
Phone: 907.868.3490
www.anixterpowersolutions.com Fax:
To:
CITY OF SEWARD
ELECTRIC WAREHOUSE
605 SEA LION AVE
SEWARD, AK 99664
Attn:
CHRIS DAVIS/BRYAN THRALL
Phone:
Fax:
UNITIZED SWITCH
Quotation: 000693559.01
Issued Date: May 03, 2022
Expiration Date: Jun 02, 2022
Sales Contact: Jared Palmer
(P) 907.868.3490
(F)
jared.palmer@anixter.com
Item CustLine Product and Description I Quantity I Price Unit Extended
C06B033G02
UNI LB SWITCH V2-CA VERT BRK 115KV 1200A
DEL: 28-32 WEEKS
2 CB28AA35G01
ADMO CLASS MOTOR OPERATOR BT-T 120VAC
""MAY BE EXCLUDED FROM FINAL PURCHASE IF NOT
NEEDED""
DEL: 28-32 WEEKS
Special Notes
1) All items are In Stock unless otherwise noted.
2) All item pricing on this quote is valid for thirty days unless otherwise specified.
3) All applicable taxes apply.
4) FREIGHT PREPAID AND ALLOWED SEWARD
56,306.000 EA 56,306.00
9,951.000 EA 9,951.00
SECTION TOTAL: $66,257.00
QUOTE TOTAL: $66,257.00
BY ACCEPTING THIS QUOTE, YOU AGREE THAT THE ANIXTER TERMS AND CONDITIONS OF SALE PUBLISHED AT THE LINK BELOW
ARE EXPRESSLY INCORPORATED INTO AND SHALL GOVERN THIS TRANSACTION.
http://www.anixter.com/TERMSANDCONDITIONS
Anixter Power Solutions offers the industry's most extensive and dynamic portfolio of products, services and solutions
for the Public Power, Investor -owned Utilities, Construction and Industrial markets.
The impacts of COVID-19 cannot be reasonably determined at this time. This quote/proposal does not account for any
potential adverse impacts COVID-19 may have on Anixter's performance or obligations herein. In the event of any delays
or adverse impacts, Anixter reserves the right for an equitable adjustment of the delivery schedule and prices herein to
offset the effects of COVID-19 delays, without fault or penalty of any kind.
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54
Resolution 2022-079
Documents:
• Resolution 2022-079
• Attachments:
SCHC Resolution
611
City Council Agenda Statement
Meeting Date: June 27, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2022-079: Supporting Seward Community Health Center,
Inc.'s Application for a Health Resources & Services Administration
(HRSA) 2022 Service Area Competition (SAC) Funding Opportunity as a
Standalone Entity
Background and justification:
Please note: this information is provided by SCHC Director Craig Ambrosiani:
In March of 2014 Seward Community Health Center opened to the public after receiving their
first Service Area grant as a co -applicant with the City of Seward. Thanks to the financial and
administrative support from the City, SCHC was able to grow and become independent by
providing our own health insurance, policies, accounting systems, and policies. We have also
reduced our financial dependence from the City by reducing annual contributions from over
$500,000 per year in 2014 to zero dollars and a no -cost lease for the clinic space at the
hospital as of 2021. SCHC has demonstrated its continued growth and maturity as Seward's
community health center in the following areas.
Federal Compliance:
Federal Tort Claims Act, malpractice coverage, deeming 2017, annually applied and
awarded through current year.
HRSA compliance site visit, every 3 years, August 2017- scored in the top 10 percent of all
US health centers. Completed virtual visit in 2020 with HRSA recommending SCHC as a
resource for other health centers.
Formally accredited as a Patient -Centered Medical Home, in October 2017 through an
independent accreditation process. This accreditation was elevated to a higher level and where
we were reviewed and awarded continuous accreditation in 2020 and 2021.
SCHC received its first clean audit for FY 2017 and has continued to receive clean audits
through 2020.
Received $75,000 Federal award for clinical quality improvements made in 2017 and
continued to receive annual awards for clinical quality improvements as available.
Services/ Community Support:
Primary medical care services are provided by two full time mid -level providers, one full
time physician, and two part time physicians.
Integrated behavioral health services for screening, brief intervention, treatment, and
referral services, started in June of 2018.
Behavioral health screening services started in local schools in October of 2018
Part-time pediatric services started in January of 2018
611
Five mental health first aid classes training over 30 community members in the 2021.
Grants awarded from HRSA then contracted to local non -profits, Seaview Community Services
was contracted to provide staffing for mental health/substance use screenings in the schools
for $105,000 per year starting in May 2019 and ending in May of 2021 at Seaview's request.
Seward Prevention coalition was contracted to provide staffing for mental health/substance use
screenings through their youth 360 program for $145,000 per year, from February of 2020,
ended May 2022. These funds were available through Federal grants applied for and received
by the SCHC.
COVID:
Since March of 2020 we have administered over 5,000 COVID tests.
Since December of 2020 we have given 4,500 vaccination shots, with approximately 1,800 fully
vaccinated.
We were able to support our community with educational resources and frequent updates
during our recent pandemic.
SCHC has been recently recognized by the Seward Chamber of Commerce and the Seward Fire
Department with awards for service to our community throughout the COVID pandemic.
Sustainability:
Patient volume has been staying around 5,000 provider visits per year with approximately
2,000 patients per year, pre-COVID.
Profit margins have been mostly positive and overall have produced an organizational net
worth of $1.1 million in eight years, per our 2021 audit.
SCHC purchased approximately 1 acre of land, in 2017, just north of the hospital as the future
site of our community health clinic.
Mission:
Seward Community Health Center's mission is 'to identify and serve the Healthcare needs of
our community by providing quality, affordable services and promoting wellness, prevention,
and partnerships.'
CONCLUSION/RECOMMENDATION
Two of the main benefits of this change are that the city finance staff would no longer need to
commit staff time towards SCHC fiscal audits, requesting/reimbursing drawdown requests, and
reviewing SCHC grant applications. Also, the SCHC board could accept city employees and their
relatives, therefore giving SCHC a broader pool of potential board applicants.
The SCHC board met on May 261", 2022, and approved SCHC administration to work with the
City and HRSA to apply for the SAC grant as a single entity, and not as a co -applicant with the
City of Seward.
The joint coordinating committee which includes the City Manager, council healthcare
representative, SCHC board chair and SCHC Director, met and agreed to proceed with this
resolution.
The service area competition application for this grant will be closing on August 171", 2022,
with a grant start date of February 1, 2023.
SCHC would like the City to support the SCHC with a resolution to apply for the HRSA Service
Area Competition as a stand-alone entity. This transition to a single entity is in keeping with the
original intent of when SCHC was established.
57
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this $ p
legislation:
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
x Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Water Healthcare
Motor Pool Other
Unassigned Fund Balance*:
Available Unrestricted Cash Balance*
Attorney Review✓
RYes
Not applicable
Finance Signature:
ex Adopt Resolution
Other:
*unaudited numbers
58
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-079
A Resolution of the City Council of the City of Seward, Alaska, Supporting
Seward Community Health Center, Inc.'s Application for a Health Resources
& Services Administration (HRSA) 2022 Service Area Competition (SAC)
Funding Opportunity as a Standalone Entity
WHEREAS, Seward Community Health Center (SCHC) has been in a Co -Applicant
Agreement with the City of Seward to receive Health Resources & Services Administration
(HRSA) funding since 2014; and
WHEREAS, SCHC has been operating the federally qualified health center since
March 10, 2014 as an independent 501(c)(3) non-profit organization; and
WHEREAS, SCHC has not received operational funding support from the City of
Seward since 2020; and
WHEREAS, Resolution 2022-062 appropriated the necessary funding for the
provision of this facility use through June 2022; and
WHEREAS, the disadvantages of maintaining the Co -Applicant Agreement between
SCHC and the City of Seward now outweigh the benefits for both parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Council supports the Seward Community Health Center's
submission of the FY2023 Service Area Competition grant application as a single entity.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of June, 2022.
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
59
SEWARD COMMUNITY HEALTH CENTER, INC.
RESOLUTION 2022-02
Resolution to Apply for HRSA's 2022 Service Area Competition (SAC)
Funding Opportunity as a Standalone Entity
WHEREAS Seward Community Health Center (SCHC) has been in a Co -Applicant Agreement with the City
of Seward to receive Health Resources & Services Administration (HRSA) funding since 2014, and
WHEREAS SCHC has been operating the federally qualified health center since March 10, 2014 as an
independent 501(c)(3) non-profit organization, and
WHEREAS SCHC has not received operational funding support from the City of Seward since 2020, and
WHEREAS the disadvantages of maintaining the Co -Applicant Agreement between SCHC and the City of
Seward now outweigh the benefits for both parties, and
NOW THEREFORE IT IS RESOLVED that the Seward Community Health Center Executive Director is
authorized to submit the FY2023 Service Area Competition grant application due August 17, 2022 as a
single entity.
PASSED AND APPROVED by the directors of Seward Community Health Center, Inc. of Seward, Alaska at
meeting duly called and held on the 261" day of May, 2022, at which a quorum was present and voting.
IN TESTIMONY WHEREOF:
Deborah Green, Secretary of the SCHC Board of Directors
May 26, 2022
Signature Date of Board Meeting
Resolution 2022-02 Page 1 of 1
60
Resolution 2022-080
Documents:
• Agenda Statement
• Resolution 2022-080
• Attachments:
o SPEA Contract 2023-2025
City Council Agenda Statement
Meeting Date: June 27, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2022-080: Approving the Agreement Covering Terms and
Conditions of Employment Between the City of Seward, Alaska, and the
Seward Public Employees Association (SPEA) Effective January 1, 2023, and
Ending December 31, 2025
Background and justification:
The current contract between the City of Seward and the Seward Public Employees Association
(SPEA) expires on December 31, 2022. SPEA membership is comprised of employees in various
departments across the City, and this contract has financial impacts on 2023-2025 in all
departments.
SPEA has been existence since 2019 and this contract constitutes the third collective bargaining
agreement with the City of Seward. The intent is to provide for a fair and equitable agreement for all SPEA
members from January 1, 2023 to December 31, 2025. Negotiations were professional, polite, and took
place from May 31-June 1, 2022.
The contract includes a 2.5% cost of living adjustment and a .45% increase between the steps for
2023. In 2024, there will a 1.5% cost of living adjustment and the same .45% increase between the
steps. In 2025, there will a 1.5% cost of living adjustment and the same .45% increase between the
steps. These increases will be included in the appropriate budget.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.7 Provide Public Services
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
This legislation (✓):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
x Has no fiscal impact
Funds are (✓):
Budgeted
Not budgeted
x Not applicable
Line item(s): Fiscal changes will be included in the 2023-2025 operating budgets
I.%
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking Wat F1 Healthcare
Motor Pool Other
Unassigned Fund Balance*: $ *unaudited numbers
Available Unrestricted Cash Balance*: $
Finance Director Signature:
Attorney Review,/ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
63
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-080
A Resolution Of The City Council Of The City Of Seward, Alaska, Approving
The Agreement Covering Terms And Conditions Of Employment Between
The City Of Seward, Alaska And The Seward Public Employees Association
(SPEA) Effective January 1, 2023 And Ending December 31, 2025
WHEREAS, on March 27, 2018, Resolution 2018-024 authorized a union representation
election to take place and determined which staff positions would be eligible to be included in the
Seward Public Employees Association (SPEA); and
WHEREAS, on March 11, 2019, the Seward City Council voted to authorize the City
Manager to enter into an agreement with the Alaska Public Employees Association (APEA), also
known as the Seward Public Employees Association (SPEA), effective January 1, 2019; and
WHEREAS, the current contract between the City of Seward and SPEA, as approved by
Resolution 2021-086, will expire on December 31, 2022; and
WHEREAS, on May 31 and June 1, 2022, negotiation teams for the City of Seward and
SPEA met to negotiate a three-year contract for the period of January 1, 2023 through December
31, 2025; and
WHEREAS, on June 10, 2022, the membership of SPEA voted to approve the proposed
contract which is now coming to council for ratification.
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 an agreement with the
Seward Public Employees Association for the period of January 1, 2023 — December 31, 2025, in
substantially the form as attached herein.
Section 2. This contract shall go into effect on January 1, 2023.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of June, 2022.
64
SPEA CBA 1/1/23 to 12/31/25 Redline
ARTICLE 1 - PREAMBLE AND PURPOSE
This Agreement is made and entered into between the City of Seward, hereinafter referred to as
the "City," and the Seward Public Employees Association, referred to as the "Union."
The purpose of this Agreement is to set forth the terms and conditions of employment with the
City and to promote orderly and peaceful labor relations.
The parties recognize that the interests of the community and the job security of the Employees
depend upon the City's success in establishing proper and cost-efficient service to the
community. To these ends, the City and the Union encourage, to the fullest degree, friendly and
cooperative relations between their respective representatives at all levels and among all
Employees.
The parties also agree that it is their mutual intent to maintain and strengthen the merit
principles in the bargaining unit.
ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS
2.1 Recognition & Rights
The City recognizes the Union as the sole bargaining agent for and exclusive representative of
those Employees whose job classifications are set out in Appendix A to this Agreement and
have not elected to opt out of representation for collective bargaining with respect to salaries,
wages, hours, and other terms and conditions of employment. The City shall not negotiate,
confer, or handle grievances with any Employee organization other than the Union or its
designee on matters concerning unit members of the Seward Public Employees Association.
2.2 Excluded Positions
1. This Agreement excludes from the bargaining unit and does not include any
Employee who has exercised their right to be governed by the City and the
following classifications:
Assistant City Manager, Executive Assistant to the City Manager, Finance
Director, Deputy Finance Director, IT Manager, Deputy City Clerk, Human
Resource Officer, Planner, Police Chief, Deputy Chief, Police Executive Assistant,
Fire Chief, Deputy Fire Chief, Public Works Director, Street Foreman, Parks and
Recreation Director, Park and Campground Operations Supervisor, Library
Director, Library and Museum Program Coordinator, Harbormaster, Deputy
Harbormaster.
Page 1 of 51
W
SPEA CBA 1/1/23 to 12/31/25 Redline
If SPEA deems an excluded position should be included in SPEA, a Unit
Clarification Petition will be submitted to the Alaska Labor Relations Agency
(ALRA).
2.3 Purpose of Bargaining
The City and the Union now enter into an Agreement reached through collective bargaining
which will have the following purposes:
1. To promote fair, reasonable, consistent, and safe working conditions.
To recognize the legitimate, reasonable employment -related interests of the
Union to participate through collective bargaining in the determination of the
terms and conditions of Employees' employment with the City.
To promote harmonious relations between the City and the Union.
4. To promote individual efficiency in service to the citizens of the City of Seward.
To avoid any interference with efficient and safe operation of the City of Seward.
6. To provide a basis for the adjustment of any matter of mutual interest by means
of amicable discussion.
7. To contribute to the continuation of good Employee relations and to be in all
respects in the best public interest.
2.4 Alaska Labor Relations Agency (ALRA)
Both parties recognize that the Alaska Labor Relations Agency (ALRA) retains its authority to
determine bargaining unit assignments. New positions and/or classifications created by the
Employer shall be placed in the appropriate bargaining unit consistent with prior ALRA rulings.
The SPEA shall be notified of all new job classifications created, or revisions to existing
classifications, within ten (10) working days of such action. The notification shall include a copy
of the job class specifications. Notification shall be via email and job class specification shall be
attached.
No filled position shall be removed from this bargaining unit without written notification to
SPEA. If SPEA does not file a written petition with the ALRA challenging the proposed bargaining
unit change within fifteen (15) working days of receipt of the notice to SPEA, the Employer is
free to take the proposed action.
Page 2 of 51
SPEA CBA 1/1/23 to 12/31/25 Redline
No filled position shall be changed to exempt or partially exempt status without at least thirty
(30) calendar days' notice to SPEA prior to submitting the request to ALRA. Concurrent with the
notice, the Employer shall provide a written explanation of the transfer request to SPEA.
2.5 Management Rights
It is recognized that the Employer retains the right, except otherwise expressly provided in this
Agreement, to manage the affairs of the City of Seward and to direct its workforce. Such
functions of the Employer include, but are not limited to the following:
1. Determine the overall mission and purpose of the City.
2. Determining the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted and the priorities therefor.
3. Determine the overall methods, processes, means, job classification and descriptions,
work schedules, work assignments, and personnel by which the work of the City is to be
conducted.
4. Direct, supervise, hire, recruit, select, promote, train, evaluate, transfer within a job
classification, assign, and schedule Employees.
5. Discipline Employees for just cause.
6. Lay off Employees from duties because of lack of work or funds or under conditions where
the City determines that continued work would be inefficient or nonproductive.
7. Establish reasonable work rules, assign the hours of work, and assign Employees to shifts
of its designation.
8. Adopt policies, regulations, educational programs, safety programs, and any other
measurers, not in conflict with this Agreement, necessary to assure the efficient and
effective operations of the City.
9. Contract out work if no Employee covered by this Agreement will be laid off or have their
hours of work cut.
10. Develop and/or modify job descriptions.
2.6 Contracting Work
Page 3 of 51
67
SPEA CBA 1/1/23 to 12/31/25 Redline
It is the general policy of the City to continue to utilize its Employees to perform the work they
are qualified to perform. However, the City reserves the right to contract out any work it deems
necessary, in the interest of efficiency, improved work product, economy, or emergency, as long
as no Employee covered by this Agreement will be laid off or have their hours of work cut.
ARTICLE 3 - UNION MEMBERSHIP AND DUES
3.1 Membership Requirements
Any eligible Employee who is or becomes a member of the Union during the life of this
Agreement shall remain a member during the term of the Agreement, except that such
individual may withdraw from membership upon serving thirty (30) calendar days written
notice to the Union and Employer. Any employee who later decides to join the Union may only
opt out during either the thirty (30) calendar day period immediately preceding the annual
anniversary date or the scheduled termination date of this Agreement, or the thirty (30)
calendar day period immediately preceding the anniversary date of the individual's most recent
official Membership Application and Dues Deduction Authorization form(s). No employee may
join the Union while subject to an active disciplinary investigation or has a reasonable belief
that a disciplinary investigation is imminent; during the grievance process; or for the purpose of
filing a grievance.
The City will provide the name, personal email, personal phone number, address, and job title
of a new eligible Employee twenty-four (24) hours before the new Employee's start date. The
new Employee will have ten (10) working days from their start date to opt -in or out of the
Union. The Union shall provide the Employee with a copy of this Agreement. The City will
provide the Union with a copy of the membership form and/or opt -out form.
3.2 Dues/Fees
Upon written authorization of an Employee on a form provided by the Union, the City shall
deduct from the Employee's paycheck the monthly amount of union dues or agency fees and
transmit such amount to the Union.
Membership Dues: Membership dues and fees for Employees who join the Union shall
be collected in accordance with the bylaws of the Union.
2. Voluntary Agency Fees: Employees covered by this Agreement who choose to become a
Voluntary Agency Fee Payer shall have such fees collected in accordance with the
bylaws of the Union.
Page 4 of 51
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SPEA CBA 1/1/23 to 12/31/25 Redline
3.3 Payroll Deductions
1. The payment of membership dues or voluntary agency fees shall commence with the
first payday of the month after thirty-one (31) calendar days following the initial date of
employment.
2. The City shall promptly pay to the Union those authorized membership dues/agency
fees deducted from Employee wages each month. Employees, who choose to change
their status from membership to a voluntary agency fee payer or to a non-member, may
do so after written notice to the Union and the City Administration. Such status change
shall become effective immediately based on the date of the written notice. Any
adjustments to the deductions shall occur at the next full pay period.
3.4 Union and Employee Responsibility
This Agreement is binding for every Employee in the bargaining unit. Each Employee,
individually and collectively, accepts full responsibility for carrying out all the provisions of this
Agreement. The Union agrees that it shall actively dissuade absenteeism and tardiness, all
forms of illegal harassment, and any other practices which may hamper the City's operation.
The Union will support the City's efforts to eliminate waste and inefficiency, to improve the
quality of work, and to promote harmonious relations between the City and Employees. The
Union shall make every effort to see that Employees obey all City workplace policies,
procedures, rules, and instructions which are not in conflict with the terms of this Agreement.
3.5 Union Representatives and Activities
1. The Union may have six (6) Employee Representatives who shall be authorized to handle
complaints and grievances arising under this Agreement. The Union shall provide to the
City a list of all authorized Employee Representatives. The Union may designate
different Employee Representatives at any time within thirty (30) calendar days written
notice to the City Administration.
2. An Employee Representative may make reasonable visits within the work area the
Employee represents for the purposes of handling specific complaints and grievances
arising under this Agreement. The Employee Representative shall first notify and obtain
the approval of the Department Head in advance of such visit, advising the Department
Head where the Employee Representative shall be and how long the Employee
Representative anticipates such visit shall take. The Employee Representative shall
arrange such visits to occur at times when they will least impact City operations and the
performance of work. Prior to conducting such visit, the Employee Representative shall
fill out the appropriate time record recording the time the Representative left the work
assignment/area. Upon concluding the visit, the Employee Representative shall
Page 5 of 51
SPEA CBA 1/1/23 to 12/31/25 Redline
promptly notify the Department Head that the visit was concluded, and that the
Representative has returned to the work assignment/area, at which time the
Representative shall record on the appropriate time record that the visit has concluded.
All time spent on such visits shall be designated on the time record as Union Leave and
deducted from the appropriate Union Leave account.
3. The Union may have representatives who are not Employees of the City who also shall
be authorized to speak for the Union in all matters governed by this Agreement and
shall be permitted to visit any work area for the purpose of administering this
Agreement at reasonable times upon advance approval of the City Administration or
designee. Such approval will not be unreasonably denied. The Union shall arrange such
visits to occur at times when they will least impact City operations and the performance
of work. The Union shall provide to the City a list of all such authorized representatives.
4. During working hours, the Employee Representative may handle complaints and
grievances arising under this Agreement with the proper City Representative. These
visits shall be scheduled, held and accounted for in the same manner and in accordance
with the procedures set forth in Section 2 above. Employee Representatives will not
leave their work duties during emergency or critical situations.
5. Upon the concurrence of the Department Head and when the normal flow of work will
not be unduly disrupted, the Employee Representative will be allowed to confer
periodically and for a reasonable length of time with Employer Representatives to work
out solutions to problems on matters not deemed critical but which, because of
convenience to both management and labor, can be moved toward resolution. These
visits shall also be scheduled, held and accounted for in the same manner and in
accordance with the procedures set forth in Section 2 above.
3.6 Union Leave and Leave Bank
1. Employees granted Union leave shall be paid for their leave time from the Union
Business Leave Bank as set out in Subsection 2 below, so long as there is accumulated
leave in the bank. The City shall not be obligated to compensate the Employee
Representatives for any time spent on Union leave. The hours spent on Union leave will
not be counted as hours worked for purposes of computing overtime. Union leave shall
be granted in the following manner:
a. No more than six (6) Employee members of the Union negotiating committee shall
receive Union leave for all time necessary for the conduct of contract negotiations,
including reasonable time for negotiating committee meetings outside of the
negotiations themselves.
Page 6 of 51
rill
SPEA CBA 1/1/23 to 12/31/25 Redline
b. Union leave shall be granted for all reasonable time necessary to process grievances,
including arbitrations, for grievants, Employee Representatives and elected Union
officers who may be involved, and witnesses.
c. Employee Representatives shall be granted up to five (5) workdays per calendar year
of Union leave to attend Union sponsored training.
d. Elected Union officers shall be granted a reasonable amount of Union leave for the
purpose of conducting Union business. Such time shall not normally exceed four (4)
hours per week.
e. Union leave will not be unreasonably denied. However, it is understood and agreed
that such leave may be denied if the Employee's services are needed by the City.
Requests for association business leave will normally be made through the Union
President or designee. The Union will endeavor to give as much notice as possible
for business leave.
2. Union Business Leave Bank
a. There is hereby created a Union Business Leave Bank which shall be administered by
the Employer with records kept by the Employer. The Bank shall be established by
an automatic transfer each January 16 of two (2) hours of PTO leave from the leave
account of each Employee in the bargaining unit. If an Employee does not have two
(2) hours of PTO leave as of January 16, the two (2) hours shall be transferred when
the Employee has accrued them. The Bank will be used consistent with the terms of
this Article.
b. The Union may cancel the automatic leave deduction for any year in which enough
cash is available for purposes of the Bank.
c. The Employer agrees that reasonable effort will be made to release Employees
consistent with the terms of this Article. However, the parties recognize that
situations may arise that prevent representatives from being released.
3.7 Meeting Space
Where there is available meeting space in City owned facilities, such space may be used for
meetings by the Union at no cost to the Union with a written reasonable notice to the City.
Approval shall not be unreasonably denied.
3.8 Bulletin Board
Page 7 of 51
r`i
SPEA CBA 1/1/23 to 12/31/25 Redline
The Union shall have the right to use bulletin board space at mutually agreeable locations for
the purposes of posting Union information. The union contract and union calendar shall be
placed in all city Employee break rooms and shall be plainly visible.
ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTIONS & PAY PLAN
It is the obligation of the City to establish and maintain a classification system and a pay plan.
4.1 Classification Rights and Duty
The City shall have sole authority and duty to establish, decide, determine, and
designate all occupational classifications it has to offer Employees, including the right to
establish new classifications, reclassify, change, consolidate or abolish existing
classifications at anytime, and to determine job content, duties and responsibilities. The
City shall also have the authority to allocate and reallocate positions.
2. The City may establish new classifications and rates for classifications. The City shall
notify the Union when any new classification is established within ten (10) working days
of such action. The notification shall include a copy of the job class specifications.
Unless otherwise agreed by the parties, notification shall be via email and job class
specification shall be attached. In the event the Union, within five (5) calendar days
thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be
subject to negotiations between the parties. The rate shall be effective as of the first
date Employees were assigned to the classification.
4.2 Job Descriptions
The City shall maintain job descriptions which identify essential functions but are not inclusive
of every duty of a position. Job descriptions shall include a statement of qualifications
consistent with Section 4.4 below. The City will notify the Union of proposed changes to Job
Descriptions which will impact Employees currently employed in the affected position(s) within
ten (10) working days prior to being adopted. The notification shall include a copy of the job
class description. Notification shall be via email and job class specification shall be attached. In
the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it
disagrees with said rate, the matter shall be subject to negotiations between the parties.
4.3 Duties of Employees
An Employee may be required by the City to perform the duties described in the job description
for the Employee's class as well as any other duties which the Employee has the skills and
qualifications to perform.
Page 8 of 51
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4.4 Qualifications Statements
The qualifications statements in each job description establish minimum requirements that
must be met by an individual before consideration for appointment or promotion to a position.
Common alternative combinations of education, training or experience are specified in the job
description.
4.5 Job Titles
Official Job Titles: Each position shall have an official job title which is specified in the
classification plan and is used to identify each individual position. The official job title
shall be used to designate positions in all budget estimates, payroll documents, and
personnel records and reports.
2. Working Job Titles: For all purposes other than those described in Subsection 1 above,
any suitable working job title may be used.
3. Position Levels: The job titles are generally indicative of the work of the position and of
the level of its importance and responsibility. Where Roman numerals or numbers are
affixed at the end of a title to indicate level within an occupation subseries, the higher
numbers represent the higher levels.
4.6 Review of Job Classifications and Job Classes
1. The City Manager shall provide for a systematic and periodic review of classes of
positions if the City Manager determines, in his or her sole discretion, that duties,
responsibilities, and authority have changed substantially, or other conditions, including
but not limited to an Employee request for review, warrant such a review. The City
Manager shall allow the Union and Employees to provide input into such a review.
2. When an Employee, or the Union acting on the behalf of an Employee, feels that the
duties and responsibilities of his/her position are not accurately reflected in the job
description, the Employee or the Union will provide a written request in writing to
Human Resource Officer to re -analyze the job description.
3. The Union may appeal in writing the findings of the Human Resources Officer to the City
Manager within ten (10) working days. The City Manager will render a decision within
thirty (30) working days.
4. The Union may request not more than three (3) studies of significant substance under
Subsection 2 above in a calendar year.
4.7 Wage Schedule
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The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate,
and maximum rates of pay for all positions. The development of the pay plan shall be directly
linked with the classification plan and shall be based on the principle of equal pay for equal
work. The City Administration shall be responsible for developing the pay plan and pay
schedule.
a. Wage schedules are posted in Appendix B.
ARTICLE 5 - PERSONNEL ACTIONS
5.1 Personnel Actions
The City shall have the sole and exclusive right to make appointments, including but not limited
to recruiting, examining, selecting, promoting, and transferring Employees of its choosing and
to determine the times and methods of such actions. The City retains the right to fill any
position from outside the bargaining unit, although the City recognizes the benefits of selecting
a qualified Employee covered by this Agreement who has applied for a vacancy. All personnel
actions shall be documented.
5.2 Definitions
1. "Appointing authority" means the City Manager, except that the City Clerk shall be the
appointing authority for all positions in the City Clerk Department.
2. "Department Head" means each of the following: The Finance Director, the Manager of
Engineering and Construction, the Manager of Electric Utility, the Public Works Director,
the Harbormaster, the Chief of Police, the Fire Chief, the Director of Parks and
Recreation, and the Library/Museum Director.
3. "Personnel officer" means the Human Resource Officer.
4. "Exempt employee" means an employee whose position is classified under the Fair
Labor Standards Act (FLSA) as an executive, professional, or administrative position.
These positions are not subject to overtime compensation.
5. "Regular employee" means an employee in a regular position, full-time or part-time,
who has successfully completed all probationary periods and is not a temporary,
seasonal, on -call, or emergency employee.
6. "Regular position" means a position which is expected to exist for more than nine (9)
months.
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7. "Full-time employee" means an employee who regularly works forty (40) hours per
week.
8. "Part-time employee" means an employee who regularly works one (1) to thirty-four
(34) hours per week.
9. "Probationary employee" means an employee who has not yet completed the
probationary period imposed (reference the article not the code).
5.3 Job Announcements
1. The City shall post all bargaining unit position job openings, whether newly created or
vacant, at mutually agreeable locations in each department for a period of five (5)
calendar days prior to the expiration date for submission of applications. The posting
timeframe may be shortened when required by circumstances beyond the City's control
or where necessary to ensure the continuity of City operations. Justification must be
provided in the announcement and to the union.
2. All qualified bargaining unit members who hold regular status and submit an application
for a posted vacancy will be considered for any job vacancy covered by this Agreement
along with any other applicants.
3. Qualified Employees covered by this Agreement who apply for any vacancy shall be
granted an interview for the position. The City acknowledges the value of current
Employees and agrees to give Employees who interview for a vacant position full and
fair consideration.
5.4 Types of Appointments
Emergency Appointment: The appointing authority may authorize emergency
appointments not to exceed thirty (30) calendar days without recourse to usual
certification procedures. Such appointments shall be made only in cases of an
unforeseen emergency and when necessary to prevent impairment to City services.
Emergency appointments are not entitled to any benefits.
2. On -call Appointment: Employees may be hired on an on -call basis upon the
recommendation of the Department Head and approval of the City Manager. On -call
appointments may be for no more than 180 calendar days.
3. Probationary Appointment: All appointments to positions in City service, including new
hires, rehires, demotions for disciplinary reasons, and promotions shall be on a
probationary basis. Length of probation period for a regular full-time employee is 180
calendar days unless probation is extended.
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4. Regular Appointment: A regular appointment occurs after an Employee has satisfactorily
completed a probationary appointment to the position.
5. Temporary Appointment/Seasonal Appointments:
Temporary appointments shall not exceed nine (9) consecutive months. No
temporary employee shall work more than nine (9) months in a calendar year.
b. Seasonal Appointment: Seasonal appointments shall be made on a seasonal basis
with the expectation that the Employee will return to their position consistent with
the City's needs, although the hiring will be temporary pursuant to Temporary
appointments. No Employee shall have the absolute right to continue employment
in any particular position.
c. Employees hired on a temporary or seasonal basis with prior City work status may
be given preference for re-employment for the same position on the
recommendation of the Department Head and approval of the City Manager. Job
announcements for temporary or season positions shall contain notice that persons
with priority City work status may be accorded preference for re-employment.
6. Term Appointments: The appointing authority, or a Department Head with the approval
of the City Manager, may appoint term employees. A term employee is an employee in
a position, full or part-time, that is designed for a specified period of time of more than
nine (9) months and less than two (2) years for a specific purpose or project. A person
hired for a term appointment shall be hired under the same provisions and have the
same benefits as a regular employee, except that a term employee appointed to a
position of less than one year shall not accumulate annual leave or be authorized
military or education leave. However, annual leave shall be credited retroactive to the
date of term appointment if a term employee is appointed as a regular employee
without a break in service as an Employee of the City.
7. Acting Appointment / Temporary Assignment:
a. An acting appointment is made when a qualified Employee may be required to serve
temporarily in a higher -level position.
b. Time in an acting appointment may be counted toward experience for the class of
position
c. Employees filling an acting assignment shall not be asked or allowed to do jobs or
tasks that they are not adequately trained or licensed to do. An Employee who
obtains an acting appointment shall not always be required to perform all the duties
and responsibilities assigned to the incumbent. The duties and responsibilities that
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are assigned to the Employee who has obtained the acting appointment shall be
determined by the City Administration.
When an Employee is temporarily assigned to a position with a higher pay range for
a period of at least three (3) consecutive days but less than thirty (30) days, they
shall be compensated above their base rate by ten percent (25%). If an Employee's
base rate is the maximum of the pay range, they shall be compensated above the
maximum pay step by ten percent (25%). If the assignment is for a period of thirty
(30) calendar days or more, they shall be paid at the first step of the higher pay
range or they shall be given a ten percent (25%) increase as provided in the
preceding sentence, whichever is higher, for the full period worked in the temporary
assignment. An Employee who is temporarily assigned to a position with a lower pay
range for any period shall not receive a reduction in pay. An Employee acting in an
exempt position will still receive their hourly rate plus ten percent (25%) and will be
paid for overtime at time and a half.
5.5 Promotion
A promotion is the filling of a vacancy by the advancement of an Employee from a position
having a lower pay range. Promotions shall be based upon qualifications. All promotions shall
be advertised for seven (7) days to all City Employees. All qualified City Employees shall be
allowed to apply and complete the interview process before the position is posted to the
public.
5.6 Transfers
A transfer is the lateral movement from one bargaining unit position to another position in the
same or a parallel class in the same pay range without any break in service. The transfer may be
within a department, or from one department to another. An Employee must meet the
minimum qualifications for the position the Employee transfers to.
Voluntary Employee Requested Transfer: An Employee may request a transfer within or
between departments by submitting the request in writing to the City Administrators.
The request must include a current job application providing evidence of qualification
for the requested position. Upon approval of the City Administration, or designee, and
before completion of any transfer, the Employee shall be notified in writing of any
change in status, including pay step, anniversary date, length of service, and
requirement for serving a probationary period.
2. Reasonable Accommodation: A transfer may be offered to a qualified Employee with a
disability under the Americans with Disabilities Act. Failure to accept an offered transfer
in this situation may result in administrative separation if the Employee is unable to
perform the essential functions of his/her current position without accommodation and
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if the Employer can demonstrate that an accommodation would impose an undue
hardship.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 Newly Hired Positions
1. The probationary period for full time positions is one hundred and eighty (180) calendar
days.
2. The probationary period for part-time positions is five hundred and twenty (520) hours
of consecutive service.
3. Probationary appointments entitle a newly hired Employee to the same benefits
available to an Employee who has obtained a regular appointment, subject to the
conditions of the benefit plans, and unless otherwise specified in this Agreement.
4. The Employee shall acquire regular status on the first working day following completion
of the probationary period unless action is taken to separate the Employee or to extend
the probationary period in writing prior to the end of the probationary appointment.
The probationary period may be extended for a period of time not to exceed ninety (90)
calendar days. Such an extension does not affect or change the initial hire anniversary
date with the City for the Employee.
6.2 Probationary Period after Promotion
1. Regular Employees who are promoted shall serve a new probationary period of one
hundred and eighty (180) calendar days in the new position. An Employee who holds
regular status in any position and who subsequently accepts a promotion to a new
position retains return rights to return to the last position in which Employee held
regular status if the position is vacant when the employee requests to return. The
Employee may exercise these rights voluntarily at any time prior to completion of
probation in the new position or upon notification that Employee has failed to
satisfactorily complete probation in the new position. An Employee who exercises this
return right shall not be required to serve a probationary period in a position where the
Employee has already held regular status. Return rights do not apply to an Employee
disciplined for just cause.
2. Unless the continuity of City services is at risk, the promoted Employee's previous
position will not be filled for fourteen (14) days in order for the newly promoted
Employee and the City to determine if the promotion is a proper fit. Either the Employee
or the City can invoke return rights to the Employee's previous position during this time
for any reason or no reason.
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3. A promoted Employee who returns to a previous position, regardless of the reason, will
be returned to the range and step the Employee held prior to promotion.
4. Employees who promote or transfer out of the bargaining unit have no rights to return
to their former bargaining unit position.
5. Promotional probationary employee means an employee who has not successfully
completed a probationary period for a position into which the employee was promoted
or hired.
6.3 Probationary Period after Demotion
When a Regular Employee is demoted for a non -disciplinary reason to a position in a job
classification where the Employee had previously completed a probationary period, no
probationary period shall be served. When a Regular Employee demotes into a position that the
Employee has not previously held regular status, the Employee shall be placed on a six (6)
month probationary period.
6.4 Discipline or Separation During Probationary Period
At any time during the probationary period, a newly hired Employee serves "at will" and may be
disciplined or discharged for any reason or no reason. Just cause is not required for any form of
discipline or separation during the probationary period under these circumstances.
ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES
7.1 Performance Evaluations
The primary purpose of the Employee performance evaluation program is to inform Employees
how well they are performing and to offer constructive criticism on how they can improve their
work performance. Performance evaluations shall also be considered in decisions affecting
salary advancement, promotions, reassignments, dismissal, and training needs.
7.2 Periods of Evaluations
End of Probationary Period: Each Employee shall be evaluated within ten (10) working
days prior to the completion of their probationary period. If the probationary period
ends without being extended or the employee being terminated, it is assumed the
Employee performance is satisfactory even if a performance review is not completed,
and shall receive their pay increase.
2. Annual: Each Employee shall receive an annual performance evaluation. (see 7.3.5)
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3. Special: A special performance evaluation may be completed when there is a significant
change either upward or downward in the Employee's performance.
7.3 The Evaluation Process
Rating Officer: The rating officer shall be the Employee's immediate supervisor. The
rating officer shall be responsible for completing a performance evaluation on the form
provided and approved by the City. In the case of unsatisfactory performance, the rating
officer will include written comments as to the remedial actions required by the
Employee. The completed evaluation shall be discussed with the Employee, and the
Employee will be allowed to add comments if desired. After the discussion is completed,
both the rating officer and the Employee shall sign the completed evaluation form, but
such form shall not be considered incomplete or invalid because the Employee fails or
refuses to sign it.
2. Reviewing Officer: The reviewing officer shall be the rating officer's immediate
supervisor. The reviewing officer shall review the performance evaluation completed by
each rating officer under their jurisdiction before the report is discussed with the
Employee. The reviewing officer shall consider the performance evaluation completed
by the rating officer when evaluating the rating officer's performance.
3. The Employee shall be allowed five (5) calendar days to prepare written comments
which will become part of the evaluation. No further comments or changes may be
made on the form by management after it has been submitted to the Employee for final
signature. The original performance evaluation shall be filed in the Employee's
personnel file with a copy of the final document provided to the Employee.
4. Police officers shall not be evaluated on the number of traffic stops and citations they
write or the number of arrests they make, unless they are provided written directive by
the department head.To the extent that the number of stops, citations or arrests is
indicative of performance, the figures may be considered during an evaluation in
conjunction with other factors.
5. Employees who receive an overall rating of "unsatisfactory" on their annual evaluation
shall not be eligible to receive a step increase. Any unsatisfactory performance
evaluation will require review and concurrence by the City Manager.
6. When an annual evaluation is not completed and discussed with the Employee within
thirty (30) calendar days following the Employee's anniversary date in a position, it is
assumed the Employee is meeting performance expectations, unless shown otherwise
by substantial evidence. If a performance evaluation is not completed timely through no
fault of the Employee, it is assumed the Employee performance is satisfactory, and shall
receive their pay increase.
7.4 Personnel Files
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1. The City shall maintain a confidential personnel file for each Employee in the Human
Resources office. No confidential or protected information will be maintained by any
individual City department unless specifically identified within this Agreement or
required by law.
2. An Employee shall have access to their personnel file in a reasonable period of time
following notice to the Human Resources office. Employees shall also be provided a
copy of the Employee's personnel file, or any parts thereof, within a reasonable period
of time following the Employee's request for a copy.
3. The Union, or any other third party, shall have access to an Employee's personnel file
only upon written authorization by the Employee specifying what files or documents the
Union or third party may review.
4. Nothing in this Section precludes the City from releasing an Employee's personnel file as
required by law or a court order.
ARTICLE 8 - DISCIPLINE AND DISCHARGE
8.1 General Policy
1. All Employees shall be informed of applicable standards of performance and personal
conduct. All City Employees shall have in their possession a copy of an up-to-date
personnel regulations manual.
2. All disciplinary actions shall be documented in writing and presented to the Employee
and placed in the Employee's personnel file. The letter shall be reviewed with the
Employee and sincere efforts shall be made to obtain agreement with the Employee
that facts are stated correctly that the inappropriate or incorrect behavior did occur,
that it represents behavior that should be disciplined, that the discipline is appropriate
and that the behavior shall not be repeated. If agreed errors are found, the letter shall
be revised and again reviewed. Comments of the Employee shall be entered under the
appropriate heading.
8.2 Disciplinary Action Procedure
Regular Employees: The City shall notify SPEA Employees of meetings to be held that
may result in discipline in writing. The notification shall include the purpose of the
meeting, the date, time, and place that the meeting will be held, and that the Employee
has the right to request Union representation. Also, the notification will allow twenty-
four (24) hours as described in Section 8.3(2) to arrange for appropriate representation
to be secured if the Employee so desires. No Regular (non -probationary) Employee shall
be disciplined without just cause. The City will follow the principle of progressive
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discipline at the appropriate steps and as applicable. Progressive discipline steps may
include but are not limited to:
a. oral reprimand (memorialized in writing);
b. written reprimand;
c. suspension without pay;
d. demotion; or
e. dismissal.
2. Probationary Employees: At anytime during the probationary period, a new or rehired
Employee may be disciplined or discharged for any reason or no reason. Just cause is
not required for any form of discipline or separation during the probationary period.
3. Mitigating circumstances may be considered when evaluating a just cause disciplinary
situation, to include the Employee's past performance, length of service, and existence
of past discipline.
4. A Bargaining Unit Member will have the right to examine his or her personnel files.
Reasonable requests for copies of material contained in personnel files will be honored.
Upon written request to the City Administration, disciplinary material may be removed
after two (2) years. In the event the requested material is not removed, the bargaining
unit member will be informed of the reasons why and the conditions necessary for its
removal.
8.3 Right to Union Representative During Investigative Interview
1. Employees will be entitled to their Weingarten rights when answering questions asked
by their supervisor or by a City representative, when they believe their response to the
question(s) could lead to their being disciplined or terminated or adversely affect their
personal working conditions.
2. Employees shall be given twenty-four (24) working hours' notice of a disciplinary
interview, so they can arrange to have their Union representative present.
3. The City will provide a copy of notices of a disciplinary interview to the Union President
and the APEA/AFT Field Representative.
8.4 Just Cause
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"Just cause" means that justification exists for a proposed disciplinary action. "Just
cause" includes, but is not limited to, the following:
1. Insubordination, including failure to comply with a supervisor's instruction and work
assignment.
2. Dishonesty, either verbally, in writing, or in action, including but not limited to
falsification of employment application or other City documents and time sheets.
3. Drugs and Alcohol.
a. Employees will be terminated for use or possession of alcohol, marijuana or illegal
drugs at the work site during work hours. Unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the
workplace.
b. Employees are encouraged to voluntarily seek professional support for drug or
alcohol -related problems. Employees who seek treatment shall discuss the
situation with their supervisors if leave time, with or without pay, is required for
the employee to obtain treatment or hospitalization.
1. Supervisors are encouraged to grant leave, with or without pay, for such
requests.
2. When leave without pay is involved, the employee shall provide a statement
from the attending physician or counselor to the supervisor, stating that
treatment is being received and describing the length of the treatment
program.
3. An employee's job security or promotion opportunities shall not be jeopardized
by a request for leave to obtain counseling or treatment.
c. In all matters concerning employees' drug or alcohol -related problems, strict
confidentiality shall be maintained by supervisors, administrators, and
administrative support personnel.
1. Failure to comply with safety regulations.
2. Fighting or other disorderly conduct on City premises or while on City business.
3. Stealing of or unauthorized use of City tools, equipment, or property.
4. Recurring absenteeism, tardiness, or leaving the worksite early.
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5. Conviction of a crime which damages the image or reputation of the City or
conviction of a crime which impairs or compromises the Employee's credibility,
eligibility, or fitness for work.
6. Inefficiency, including waste of working time or materials.
7. Failure to conduct oneself on duty in a cooperative manner.
8. Exhibiting on duty conduct or behaviors which interfere with the Employee's
performance or the City's business, operations, or image.
9. Willful violation of any personnel regulations.
10. Violations of applicable state or City laws and regulations concerning ethics and
conflicts of interest.
11. Any act or omission which had or will have a material adverse effect on the
business, operations, or financial condition of the City.
12. Harassment of other Employees or the public.
13. Loss of necessary license or required certification for the position.
14. Any other conduct identified in the Seward City Code as grounds for discipline or
dismissal from employment; or
15. Any other conduct commonly recognized by reasonable persons as justification
for discipline, including dismissal.
8.5 Garrity Rights for Licensed Personnel of Police Department
Uniformed personnel of the Police Department shall be accorded the protections and
obligations provided in Garrity v. New Jersey, which requires, among other things, warnings
concerning right to counsel and the potential uses of statements made in the course of
investigatory interviews.
ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURES
9.1 Definition of Grievance
A grievance is a dispute involving the interpretation, application, or alleged violation of any
provision of this Agreement. It is the mutual intent of both parties to resolve any differences at
the lowest level. All Employees shall be encouraged to bring any disagreements to their
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immediate supervisor initially to resolve such problems through informal and free
communication before the formal grievance procedure begins.
9.2 Procedural Steps
All grievances presented at Step 2 of this Article and beyond shall set forth: the facts
giving rise to the grievance; the provision(s) of the Agreement alleged to have been
violated; the names of the aggrieved Employee(s); and the remedy sought. All
grievances at Step 2 and beyond shall be signed and dated by the aggrieved Employee
and/or Union representative. All written answers submitted by the City shall be signed
and dated by the appropriate City representative.
2. Grievances involving a disciplinary suspension, or a termination of employment, must be
entered into the formal grievance procedure at the Step 2 level.
Step 1: The aggrieved Employee or group of Employees shall present the grievance
orally to the immediate supervisor within ten (10) working days of its occurrence,
not including the day of the occurrence. Pre -grievance discussion will not extend the
ten (10) working day period. The supervisor or department head shall give an oral
reply within five (5) working days of the date of presentation of the grievance, not
including the date of presentation.
Step 2: Written Grievance to Department Head. The Employee, through the Union,
no later than fifteen (15) working days after the event giving rise to the grievance, or
fifteen (15) working days after the Employee or Union should reasonably have
learned of the event giving rise to the grievance, whichever is later, must submit a
written grievance to the Department Head. The Department Head shall give
Employee written answer to the grievance within fifteen (15) working days after
receipt of the grievance.
Step 3: Written Appeal to the City Administration. A grievance appealing a dismissal
of a grievance, or a grievance not settled at Step 2 shall be filed at Step 3. The
Employee, through the Union, no later than fifteen (15) working days after a
dismissal or the receipt of the Department Head's written answer at Step 2 may file
a written appeal of that answer to the City Administration. No later than fifteen (15)
working days after receipt of the written appeal, the City Administration, or
designee, shall meet with the Employee and the Union representative. The City
Administration, or designee, shall give Employee written answer to the grievance
within fifteen (15) working days after such meeting, which answer shall be final and
binding on the Employee, the Union, and the City, unless it is timely appealed to
arbitration by the Union in accordance with the procedures set forth in Section 9.5
of this Article.
Step 4: Appeal to Arbitration per Section 9.5.
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3. Any Step in the grievance procedure may be eliminated by mutual consent. Mutual
consent shall be indicated in writing and shall be signed by all parties.
9.3 Time Limitations
If the grievance procedures are not initiated within the established time limits, the
Employee shall be considered as having waived his/her right to grieve the particular
violation or complaint.
2. Any grievance not taken to the next step of the grievance procedure within the
established time limits shall be considered settled based on the last reply made.
3. If the City fails to meet or answer any grievance within the established time limits, such
grievance shall automatically advance to the next step.
4. If the grievance hearing before the appeal board under Step 4 of the grievance
procedure is not held within ninety (90) days from the date of the hearing request, the
grievance shall be considered abandoned and the matter shall end, except if failure to
hold the hearing is caused by the City's refusal to meet at any time during that period, it
shall be deemed that the City has considered the grievance to be in favor of the grievant
and shall resolve the matter accordingly.
5. The time limitations set forth in this Article are of the essence of this Agreement. No
grievance shall be valid unless it is submitted or appealed within the time limits set forth
in this Article. If the grievance is not timely submitted at Step 1 or Step 2, it shall be
deemed waived. If the grievance is not timely appealed to Step 2 or beyond, it shall be
deemed to have been settled in accordance with the City's Step 2 answer. If the City fails
without reasonable cause to request an extension or otherwise communicate with the
aggrieved party within the time limits or in the manner set forth in this Article, the
Union shall be granted the remedy requested. Any default remedy cannot be used as
precedent against the City if a similar situation arises in the future.
9.4 Extension of Time Limits
The established time limits may be extended by mutual consent of the parties involved.
Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual
consent shall be indicated in writing and shall be signed by all parties.
9.5 Appeal to Arbitration
Any grievance, as defined in Section 9.1 of this Article, that has been properly and timely
processed through the grievance procedure set forth in Sections 9.2 through 9.4 of this Article
and that has not been settled at the conclusion thereof, may be appealed to arbitration by the
Union by serving the City with written notice of its intent to appeal. The failure to appeal a
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grievance to arbitration in accordance with Section 9.6 within fifteen (15) working days after
receipt of the written answer of the City at Step 3 of the grievance procedure set forth in
Section 9.2 of this Article shall constitute a waiver of the Union's right to appeal to arbitration,
and the written answer of the City at Step 3 of the grievance procedure shall be final and
binding on the aggrieved Employee, the City, and the Union.
9.6 Selection of Arbitrator
Unless otherwise agreed, no later than fifteen (15) working days after the Union serves the City
with written notice of intent to appeal a grievance to arbitration, the City and the Union shall
jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish to the City and
the Union a list of seven (7) qualified and impartial arbitrators. After receipt of that list, the City
and the Union shall alternatingly strike names from the list until only one (1) name remains (the
order of striking to be determined by the toss of a coin flipped by the Union Representative and
called by the City). The arbitrator whose name remains shall hear the grievance
9.7 Arbitrator's Jurisdiction
The jurisdiction and authority of the arbitrator and his or her opinion and award shall be
confined exclusively to the interpretation and/or application of the express provision(s) of this
Agreement at issue between the Union and the City. The arbitrator shall have no authority to
add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator
shall not hear or decide more than one (1) grievance without the consent of the City. The
written award of the arbitrator of any grievance adjudicated within his or her jurisdiction and
authority shall be final and binding on the aggrieved Employee, the Union, and the City.
9.8 Fees and Expenses of Arbitration
The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if, in the
opinion of the arbitrator, neither party can be considered the losing party, then such fees
should be apportioned as determined by the arbitrator.
9.9 Extension of Time Frames
Time frames for the grievance/arbitration process may be extended only by mutual agreement
of the Union and the City.
9.10 Delivery of Grievances and Responses
1. When a written grievance or response is delivered by mail, it shall be sent return receipt
requested to the respondent or to the person filing the grievance. When a written
grievance or response is hand -delivered, the respondent or the person filing the
grievance shall acknowledge receipt in writing of the grievance or response. When a
written grievance or response is delivered by electronic communication, a hard copy
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shall be delivered by mail. Copies of all written responses to grievances at any step shall
be sent to the APEA/AFT Field Office in Anchorage.
2. For the purposes of the time frames in this Article, a grievance or response delivered by
mail or electronic communication shall be considered submitted on the date of mailing
or date of electronic communication, but the time for response or for filing the next
step shall not begin to run until the day after actual receipt. A hand -delivered grievance
or response shall be considered submitted on the date of delivery, and the time for
response or for filing the next step begins to run on the day after that date. If the last
day of a time period falls on a Saturday, Sunday, or holiday, the period will be extended
until the next business day.
9.11 Sole and Exclusive Nature of Grievance Procedure
The grievance procedures of this Agreement are the sole and exclusive remedies of the
Employees of the City of Seward alleging violations of this Agreement and/or any disciplinary
actions or complaints.
ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF
10.1 Actions That Constitute Separation from City Service
An Employee shall be separated from City service upon the occurrence of any of the following,
including but not limited to, resignation, medical separation, retirement, dismissal for cause,
release during probationary period, job abandonment, or layoff.
10.2 Resignations
1. Notice of Resignation: An Employee who desires to resign in good standing shall give at
least fourteen (14) calendar days' written notice to their immediate supervisor.
Members of the Police and Fire Departments must provide at least thirty (30) calendar
days' advance written notice. The period of notice may be reduced or waived by the City
upon recommendation of the Department Head. A notice of resignation shall become
part of the personnel file. Employees who resign or are terminated shall be paid in
accordance with state and federal law.
2. Withdrawal of Resignation: An Employee may withdraw his or her resignation prior to
the effective date stated in the notice of resignation only with the written approval of
the Department Head and the City Administration.
3. Failure to Give Adequate Notice: Failure to give adequate notice shall be noted on the
Employee's separation documents and shall constitute a factor in consideration of any
future application for employment with the City.
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4. Effective Date of Resignation: The effective date of resignation pursuant to a notice of
resignation shall be the last day on which the Employee works.
10.3 Medical Separation
An Employee who is unable to return to work following approved medical leave, with or
without pay, shall be separated in good standing from City of Seward employment. Depending
on the type of injury or illness, and whether it happened on or off the job, the Employee may
be able to take part in either the Long -Term Disability Program with the City of Seward health
benefit plan or the Long -Term Disability Plan under the retirement system. Employees are
responsible to make themselves aware of the particular requirements in both Long -Term
Disability plans and should contact the City if further information is required, beyond what is
provided in the plan documents.
10.4 Dismissal for Just Cause
1. The City Manager or Department Head, upon approval of the City Manager, may dismiss
a regular Employee for just cause, as stated in Article 8, Section 8.4.
2. The appropriate steps of progressive discipline shall be followed.
10.5 Seniority
1. Seniority means the total length of service and continuous employment with the
Employer in positions covered by this Agreement. Employees shall not accumulate
seniority during their probationary period. After an Employee has completed their
probationary period and has been granted regular status, their seniority shall be dated
from the date of their employment. Leave without pay shall not be used in the
calculation of seniority.
2. The Seniority of an Employee shall terminate under any of the following conditions:
a. When laid off for a period of twenty-four (24) consecutive months;
b. When an Employee resigns from employment with the Employer;
c. When an Employee is discharged for just cause; or
When an Employee who is temporarily laid off fails to return to work within fourteen
(14) calendar days after written notice by certified mail to the Employee's last
known address (or delivered to the Employee personally) requesting such return
and, if such Employee fails to notify the City of the Employee's intention to return to
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work within forty-eight (48) hours after receiving such notification or arrange for a
mutually agreeable return date.
3. When it is necessary to reduce the number of employees because of lack of work or funds,
or abolition of positions, the department head concerned shall make a thorough
investigation of the problem and report his/her findings and recommendations to the city
manager, who shall decide which employees shall be laid off. Analysis of proposed layoffs
shall consider first the types of activities to be curtailed and the classes of positions thereby
affected. The department head shall then proceed to the selection of individual employees
to be released. Employee efficiency shall be the major factor and determining the order
that employees shall be released, and consideration shall then be given to employee's
length of service with the City. advisability of reassigning Employees in higher classes to
lower classes for which they are qualified and laying off those in lower classes shall also be
considered. There will be no discrimination based on union membership or lack thereof.
10.6 Layoffs
1. The decision to lay off Employees shall be made solely by the City and shall not reflect
discredit upon the services of the Employee.
2. Notice Requirements:
a. An Employee shall be given at least thirty (30) calendar days advance notice of a
layoff.
b. The Union shall be notified in writing of any proposed layoff concurrently with the
Employee. The Union and City agree to discuss alternatives to the proposed layoff
prior to the effective date of the layoff and to negotiate the effects of any layoff if so
requested by the other party.
3. The City shall not lay off an Employee and reclassify their former position with the
intention of filling the position with a temporary hire.
4. Layoffs may occur for any of the following reasons:
a. reduction in force because of a shortage or reduction of work or funds;
b. the abolition of a position;
c. change in departmental organization;
d. termination of a grant; or
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e. any other legitimate business reason not inconsistent with the terms of this
Agreement.
5. A regular Employee shall be offered a vacant position for which the Employee is
qualified in lieu of layoff. The Employee will be subject to the same qualifications review
as any new Employee to determine an appropriate wage.
6. A regular Employee retains the right to be recalled to a vacant position in the same or
similar job class, in the same or different department that the Employee previously was
regularly employed, for one (1) year after the layoff so long as the Employee has
indicated that the Employee is qualified and interested and available to return to work.
7. Regular or probationary Employees shall not be laid off while casual/temporary
Employees are in a position in the same department for which the regular or
probationary Employees meet the minimum qualifications.
10.7 Dismissal Notice or Severance Pay
In the case where a regular Employee who has completed a probationary period is laid off, the
City shall give the Employee forty five (45) days' notice or forty five (45) days of severance pay.
10.8 Separation Paperwork
On or before the Employee's last day of work, the Employee shall complete all separation
paperwork and return all City property as required by the City.
ARTICLE 11- PAY AND PAYROLL
The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate,
and maximum rates of pay for all positions. The development of the pay plan shall be directly
linked with the classification plan and shall be based on the principle of equal pay for equal
work. The City Administration shall be responsible for developing the pay plan and pay
schedule.
The parties agree to discuss steps and years of services during the next negotiation cycle, as the
parties agree that years of service are important and alternatives to the longevity bonus should
be discussed during the next negotiation including possibly reflecting years of service in an
employee's range and step.
11.1 Wage Schedule and Pay Rates
1. Wage schedules are posted in Appendix B.
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2. The Salary Schedule for the first year of the Collective Bargaining Agreement shall
include the 2.5% Cost of Livina Adiustment (COLA).
3. The Salary Schedule for the 2nd and the 3rd years of the Collective Bargaining
Agreement shall include 1.5% Cost of Living Adjustment (COLA).
4. Regular rate of pay means the hourly rate of pay actually paid an Employee for normal,
non -overtime work week for which he/she is employed.
5. As of January 1, 2023, members in pay ranges 1-9 shall remain in their current range and
Pay step and shall receive the higher pay that comes with this change over the previous
contract Appendix B.
6. As of January 1, 2023, members in the open ranges 10-13 shall have their pay
increased the same amount as their range was increased.
If the City Council adopts an ordinance that freezes wages for all City employees,
the parties agree to confer immediately for the purpose of arriving at a mutually
satisfactory letter of agreement.
11.2 Starting Rate on Initial Employment
All newly hired Employee's shall begin at Step A within the stated range for their position,
unless a higher Step is approved, in advance of the offer, by the Human Resources
Administration, the Department Administration and the City Administration using a City
approved wage matrix. Before a higher step may even be considered, the applicant must
demonstrate experience and/or education beyond the minimum required for the position as
specified in the position description.
11.3 Rate of Pay on Promotion
1. When an Employee is promoted from one position to another having a higher pay
range, the Employee shall receive an increase of not less than one pay step. If the
Employee's current rate of pay is below the minimum rate of the new position, the pay
shall be increased to the minimum step of the new position. If the Employee's current
rate of pay falls within the range of the new position, the pay shall be adjusted to the
next higher pay step in the range for the new position which is at least equal to one step
increase above his/her current pay rate.
2. Upon completion of an approved course of education, including training that results in a
job -related certification, an Employee will receive up to a five (5) percent increase in pay
effective in the next payroll cycle. The Employee shall furnish all relevant diplomas,
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certificates, transcripts, or other documentation prior to processing. This increase shall
endure while the certification or training remains valid. The Department Head shall
compile and maintain a list of valid trainings and certifications that meet the
requirements of this increase and shall submit the current list for review by SPEA no
later than March 15 of every year. An Employee may petition to the City Manager or the
City Manager's designee for consideration of an education program that is not on the
pre -approved list.
11.4 Rate of Pay for a Reclassification of a Position
In any case where a position is reclassified, the pay step of the Employee occupying the position
shall be that step in the new range which will provide the Employee with initial compensation
at least equal to the step held in the old range. Anniversary date remains unchanged and no
additional probationary period shall be required beyond that required of the position that is
reclassified if the essential functions are the same between the old and new classification. In
the event the reclassification results in a pay decrease, the Employee's rate of pay shall be
frozen.
11.5 Upward or Downward Range Change of a Job Class
In the case of a proposed decrease in the pay range for a class of positions, employees keep
their current rate of pay.
11.6 Promotion Following Demotion In lieu of Layoff
If within one (1) year following a demotion in lieu of layoff, an Employee is reassigned back to a
position in the former job classification the Employee was in at the time of Layoff, the
Employee shall be placed at the same range and step the Employee was paid at prior to the
demotion in lieu of layoff.
11.7 Transfers
When an Employee is assigned to a new position in the same class for which the Employee is
qualified, the Employee shall be transferred at the step the Employee was receiving, and no
probationary period shall be served. The Employee's anniversary date shall remain the same as
in the former position.
11.8 Demotion
When an Employee is demoted, the Employee's pay step shall be that step which is determined
by the Department Head and approved in advance by the City Administration.
11.9 Completion of Probation
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Upon satisfactory completion of the probationary period after initial appointment, the entrance
salary of the Employee shall be advanced one step. An Employee will not receive a probationary
increase if the Employee was hired at Step B or above initially.
11.10 Annual Step Increase
1. Employees who receive a performance evaluation of average or good to excellent shall
receive an annual step increase.
2. A new Employee, after serving a six-month probationary period of satisfactory
performance, shall receive a step increase. An Employee who has transferred to a new
position and who must serve a promotional probationary period shall receive a
probationary step increase upon successful completion of the promotional probationary
period. A probationary step increase is a special, one time only, step increase. For an
Employee to receive further step increases up to step P, he/she must continue to
demonstrate satisfactory service.
3. Anniversary date is the date that an Employee assumes regular status after the
successful completion of a probationary period. This date does not change regardless of
other personnel transactions, promotions, demotions or transfer that may occur during
the course of an Employee's service with the City, except for a period of leave without
pay in excess of thirty (30) days, in which case the Employee's anniversary date and
length of service date shall advance by the number of days in excess of thirty (30).
4. . Current regular Employees will be placed at the step and pay that reflects actual and
credited years of service in their current department. Employees may receive credited
service through the evaluation process or advance step placement.
5. In the event of a future wage and/or classification study in which grades and/or steps
are changed, no regular Employee may be placed below their current step and pay per
article 11.10.4.
11.11 Acting Appointments
When any Employee is temporarily assigned to a position with a higher pay range for a period
of at least three (3) consecutive days but less than thirty (30) days, he/she shall be
compensated above his/her base rate by twenty-five percent (25%). If an Employee's base rate
is the maximum of the pay range, he/she shall be compensated above the maximum pay step
by twenty-five (25%). If the assignment is for a period of thirty (30) calendar days or more,
he/she shall be paid at the first step of the higher pay range or he/she shall be given a twenty-
five percent (25%) increase as provided in the preceding sentence, whichever is higher, for the
full period worked in the temporary assignment. An Employee who is temporarily assigned to a
position with a lower pay range for any period shall not receive a reduction in pay. An Employee
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acting in an exempt position will still receive his or her hourly rate plus twenty-five percent
(25%) and will be paid for overtime at time and a half.
11.12 Field Training/School Resource Officer
Police Officers, Dispatchers and Correctional Officers assigned Field Training Officer (FTO) and
School Resource Officer (SRO) duties shall receive a pay differential of two and one-half percent
(2.5%) for each hour so worked as an FTO or SRO. Individuals lacking documentation of
attendance at a formalized FTO training program are not eligible for FTO pay.
11.13 Overtime
1. All overtime work by a non-exempt Employee must have the prior written approval of
the Department Head. The Department Head shall review the record and certify
overtime approved for payment.
2. Non-exempt Employees shall be paid at one and one-half (1.5) times their regular rate
of pay for all hours actually worked in excess of their regularly scheduled shift or forty
(40) hour consecutive hours without having at least one day off.
3. For employees who are working a 12-hour schedule (4 days on and 3 days off / 4 days
off and 3 days on) to work more than 40 hours consecutive without receiving overtime
pay. They shall be paid overtime for more than 80 hours worked in a pay period.
11.14 Call -Out Pay
1. Employees shall receive overtime pay if their normal shift has been completed
and after returning home they are "called out" to perform additional work by their
supervisor or if the Employee's supervisor requires the Employee to report before
Employee's normal shift is scheduled to begin. This "call out pay" shall have a
two (2) hour minimum.
2. Supervisors called off duty for questions from subordinates shall be paid in 15-
minute increments of overtime.
3. Early Call -Out. An employee called into work between the hours of midnight and
7 am shall receive time and a half the employee's regular pay rate. The
employee's pay rate will revert to the employee's regular pay rate at 7 am on the
employee's normal schedule workday.
11.15 Stand -By Pay
Only Department Heads are authorized to create a stand-by schedule. Employees that are
placed on a schedule and must remain available for work after regular scheduled hours shall be
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designated as Stand -By and receive two (2) hour of overtime at his or her regular rate of pay
with a two (2) hour minimum for a call -out. Employees receiving stand-by pay must answer any
incoming calls and be able to respond within thirty (30) minutes of the call being placed.
11.16 Stand -By Pay for Police Officers
An Officer will be placed on a schedule and designated as on call, subject to Stand -By Pay 11.15,
on Fridays and Saturdays nights when only one officer is assigned to work a shift.
11.17 Shift Differential
Shift differential compensation applies to all Employees of those departments which schedule
work twenty-four (24) hours per day who are not exempt from the overtime requirements of
the Federal Fair Labor Standards Act on the following bases:
Swing shift: The Employee who is assigned to swing shifts shall receive *Rve and ^A^ half
three percent (53%) additional pay to his/her current salary for the period he/she
serves on swing shift.
2. Graveyard shift: The Employee who is assigned to graveyard shifts shall receive 4ve six
percent (§6%) additional pay to his/her current salary for the period he/she serves on
graveyard shift.
11.18 Payroll and Pay Periods
1. Nothing in this Agreement shall prohibit retroactive pay approved by the City Council or
required because of administrative oversight or error as determined by the City
Administration. Personnel action implementing any change in status or pay shall be
effective upon approval of the City Administration provided such changes are received
by the Payroll Office at least ten (10) working days prior to the effective date.
2. The payroll period shall consist of the period from midnight Sunday to the following
midnight Sunday. The standard work day shall be midnight to midnight.
3. Each Employee is responsible for a true and accurate reporting of actual hours worked.
a. Department Heads, or designee, shall be responsible for providing the information
needed to correctly process the payroll.
4. Break in service is defined as at least one (1) entire pay period off.
ARTICLE 12 - HOURS OF WORK
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12.1 Hours of Work and Scheduling
Regular Hours of Work and Shifts: Regular working hours of City Employees shall consist
of a five (5) day week, eight (8) hours a day, forty (40) hours a week. The standard work
week shall consist of the period from midnight Saturday to the following midnight
Saturday. The standard workday shall consist of the period between midnight and
midnight.
2. Modified Schedule: Upon request and with approval of the Department Head, an
Employee may work a designated schedule period (e.g. 7:00 a.m. to 6:00 p.m.) during
which Employees may select an eight (8) or ten (10) or twelve (12) hour work period,
with the approval of their Department Head.
3. Department Heads may, with at least two (2) weeks advance written notice to affected
Employees, revise the schedule from an eight (8) hour workday to a ten (10) hour
workday or a twelve (12) hour workday or the reverse. Employees shall also have the
right to request their schedule be changed from an eight (8) hour workday to a ten (10)
hour workday or a twelve (12) hour workday or the reverse. Approval of such a request
is at the discretion of the Department Head but shall be accommodated whenever it will
not adversely affect the needs of the Department.
4. Employees of the Police Department work a varied shift totaling forty (40) hours or
more weekly.
a. Employees assigned a 12 hour schedule may work more than 40 hours a week
without being paid overtime so long as they do not exceed 80 hours in a two week
"work period." Employees will be paid overtime for hours worked in excess of 12
hours worked in a day and in excess of 80 hours in a two -week period.
b. All other employees working 12-hour shifts who are not exempt from the overtime
requirements of the federal Fair Labor Standards Act shall be paid at time and one
half for work over 12 hours in a day or 80 hour work period.4A he-up-s in a"vOR-FR
Lk".
c. Employees assigned to work 12-hour shifts shall be assigned to day, swing or grave
shift. Shift times may be delegated by the Department Head. Swing shift is paid a
three percent 32-.45% differential and grave shift is paid a six percent 615 differential.
d. If a shift is temporarily adjusted to meet the needs of the department aue
c,,W d Gity Gede §3 ' 5455(b) and ends during the normal scheduled shift, shift
differential will be based on the normal scheduled shift and be pursuant to
Section11.17 of the contract.
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e. Holidays are paid at 8 hours a day at the current rate of pay. t-Ated ;R SewaFd Git.,
Cede §9.99.919.1 Arrangements need to be made to work 4 hours at the current rate
of pay or arrange to take annual leave for 4 hours on the holiday, or pursuant to
Article 13 of the contract.
f. An annual leave day off is 12 hours of leave.
5. An Employee's work schedule shall normally provide two (2) consecutive days off, unless
an emergency situation arises.
6. Nothing in this Agreement precludes Employees from requesting different work hours
or a different shift than that designated by the Employee's Department Head. With the
approval of the Department Head, flexible work hours may be implemented on a
departmental basis to accommodate Employees. The City will endeavor to work with
Employees and grant their requests based on seniority and when operational
requirements allow.
12.2 Temporary Schedules
Department Heads may implement temporary shifting of Employees' working hours to meet
routine needs. Changes of more than thirty (30) minutes may not be approved without a
minimum of one (1) week's advance notice to the affected Employees. Nothing in this
paragraph precludes temporary changes in Employee working hours in an emergency situation.
If the essential functions of a position include emergency response during non-scheduled hours,
refusal to work an alternate schedule or extra hours in an emergency situation without cause
could result in discipline, up to and including dismissal.
12.3 Lunch/Break Period
Department Heads shall authorize either a one (1) hour or a half (1/2) hour unpaid lunch
period to meet operational staffing requirements. Such periods will normally be taken at
mid -shift. Employees who are not authorized a specific unpaid lunch period under this
Section will be allowed to take lunch when work permits. If, at the City's direction, the
Employee works through lunch, the Employee shall be paid for such time.
2. Employees may work straight shifts with no lunch break if approved by the Department
Head. Straight shifts will be considered a Modified Schedule and subjected to the terms
of Subsection 12.1.2. A straight shift or "working through lunch" is not available on an
ad -hoc basis to allow an Employee to "make up time" if he/she is unable to work the
regularly scheduled shift for the day.
3. All Bargaining Unit Members are allowed one (1) relief period not to exceed fifteen (15)
minutes during the first half of the shift and one (1) relief period not to exceed fifteen
(15) minutes during the second half of the shift. Breaks shall not be scheduled to extend
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the meal break, unless by mutual agreement. The relief period shall be taken in a
manner which does not interrupt the flow of work.
4. Police Officers and other first responders get a paid lunch under FLSA because they are
required to respond to calls.
Any City Employee called out during off hours for four (4) hours or more will be provided for a
meal. If a meal cannot be provided, a meal will be reimbursed up to the applicable per diem
rate. Aps+t, ;f r tieah4„
12.4 Changes of Permanent Schedules
All changes to permanent working schedules shall provide those Employees affected at least
fourteen (14) calendar days' notice of any such change, except in unforeseen emergency
situations or when the Employees waive the need for notice, or they will be paid at time and
one-half (1.5) the Employee's regular rate of pay for hours worked during the notice period.
ARTICLE 13 - HOLIDAYS
13.1. Recognized Holidays with Pay
Except for Firefighters, the following days will be recognized as holidays with pay for all
Employees in full and part-time positions.
New Year's Day
President's Day
Seward's Day
Memorial Day
Independence Day
Labor Day
Alaska Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
and such other days as may be proclaimed by the Mayor, Governor, or President.
13.2 Holiday Falling on a Regular Day Off
When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the
holiday. When a recognized holiday falls on a Sunday, the Monday following shall be recognized
as the holiday. When a full-time Employee's regularly scheduled time off falls on a recognized
holiday, the City Administration shall allow, if scheduling permits, that Employee to take
another day off during the pay period as the Employee's recognized holiday. In such a case, the
Employee's timesheet will reflect the holiday on the alternate date, with all other compensable
time recorded as per the Employee's normal Schedule.
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If the Employee is unable to take the time off, the Employee shall be compensated with regular
pay equivalent to the number of hours in an Employee's regular shift in lieu of the holiday. The
hours will be recorded on the Employee's timesheet on the date of the recognized holiday. This
payment is in addition to and does not impact pay (wages) for hours actually worked during the
pay period, whether hours actually worked include a recognized holiday (Section 13.1) or
regularly scheduled workdays. This may result in holiday hours entered for a normal day off
with no compensable time or holiday hours recorded in addition to actual hours worked on the
date of the recognized holiday.
13.3 Computation of Holiday Pay
Full -Time Employees: Full-time employees shall receive their regular straight time rate
of pay for recognized holidays.
a. The number of hours included in holiday aav is eaual to the number of hours worked
in an Employee's assigned shift and shall be paid at the shift differential of the shift
the employee worked.
b. In the event the emalovee is scheduled off. the emalovee shall be aaid 8 hours of
holiday pay.
2. Part -Time Employees: Part-time employees shall receive pay for recognized holidays
based on their position's percentage of a full-time position.
a. The number of hours included in holiday pay is equal to the number of hours
worked in an Employee's assigned shift and shall be paid at the shift
differential of the shift the employee work.
b. In the event the employee is scheduled off, the employee shall be paid 8 hours
of holiday pay.
3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's PTO
leave shall not be counted as a day of PTO leave.
13.4 Forfeiture of Holiday Pay
Employees shall forfeit their right to payment for any holiday if they are on leave without pay
(to include injury, military, or other non-compensable leave status) or have an unexcused
absence on the Employee's last regularly scheduled workday before such holiday or on the
Employee's next regularly -scheduled workday following such holiday
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ARTICLE 14 - PAID TIME OFF/LEAVE
14.1 Paid Time Off ("PTO")
1. TAnnual_leave shall be used for any and all purposes for which sick and/or
annual leave has heretofore been used.
2. Requests for Time Off
Requests to take peFsenal Annual leave for other than illness or injury must be
requested in writing and require written approval. Leave requests require the prior
written approval of the supervisor before any leave is taken. Employees in a
probationary status are not eligible to take personal leave (unless the request was
approved prior to hire or the leave is requested due to illness or injury as described
in Subsection 3 below).
b. Employee requests to take peFsenal Annual leave shall be given full consideration
and, to the extent practicable, approved. However, the parties agree that the final
decision with regard to approval or disapproval of any request shall be based on the
supervisor's determination of operational needs. The employee's supervisor shall
respond to an Employee's request for time off within fourteen (14) calendar days for
leave requested thirty (30) days in advance. In the event of multiple requests for the
same timeframe, the Department Head may consider the Employee's seniority.
c. peFsenal Annual leave may not be approved for Employees following notice of
intended resignation and Employees may not without permission of the Department
Head be kept on leave status to "run out" their PTO balance prior to termination.
peFsenal Annual leave must be pre -approved, and therefore cannot be used in lieu
of tardiness or for a same -day request, except as noted in Subsection 3 below.
3. Requests for time off due to illness and injury.
a. When an Employee needs to use peFsenal Annual leave for illness or injury, the
Employee shall notify the supervisor of their expected absence not later than the
start of the Employee's scheduled shift.
b. When a member takes three (3) or more consecutive workdays of peFsenal Annual
leave due to an illness or injury (not necessarily consecutive calendar days), the
supervisor shall require the member to provide a physician's certificate stating the
reason for the absence.
14.2 Leave Accrual Rate
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1. All Regular Employees holding permanent or probationary status will accrue leave as
follows:
Years of Services
Hours Per Year
Hours Pay Period
0-2
160
6.15 2./4
3-5
200
7.69474
6-9
240
9.23-19
10 — 14
303.33
11.67 243
15 +
347.1
13.35 443
2. The minimum numbers of hours of annual leave that must be taken yearly are as
follows:
a. For personnel with less than three years of service, 40 hours of leave must be
used.
b. For personnel with three to six years of service, 60 hours of leave must be used.
c. For personnel with six years of service or more, 80 hours of leave must be used.
d. These limitations shall not apply to new employees until January 1 of the second
calendar year following the hire's date.
3.
r. empleyee m eIe-,-t to AR A -a Ip;;;Ap AhA--r fAr hp-r [; qmq Arder to eempl y with
h e u Fs-requiFed . suc�letteF s.h a I ^ d- e ^ paFt of the peFsenne file-Af the €qpleyee in
It shall be the
responsibility of the department head to see that each employee under the supervisor's
supervision has taken the minimum annual hours of leave required by this section.
The department head shall provide in writing to the city manager the reasons an employee in
the supervisor's department failed to take the minimum annual leave hours required.
Such The documentation letter shall be made a part of the personnel file of the employee in
question. The city manager may waive these leave use requirements.
FAM
NIPPON
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:;nn-i:;l onnri.(Qd cinno date of appGiRtMARt Probationary employees may
use their leave with the department head approval.
5. Leave does not accrue during periods of leave without pay
14.3 Leave Anniversary Date
Changes in the leave accrual rate take effect on the first day of the pay period immediately
following the date on which the Employee completes the prescribed period of service.
14.4 Maximum Accrual
The maximum leave which may be in annual leave balance is 720 hours.
14.5 Payment of PTO upon Termination
Upon separation during initial probation, PTO shall not be granted or paid the employee. In
other separations, the PTO balance shall be paid in a lump sum based on the employee's
regular rate of pay.
14.6 PTO Leave Cash -Out
Any employee who has a balance of more than 240 hours of annual leave may submit a request to cash -in
any number of annual leave hours at the employee's regular rate of pay so that the balance of remaining
leave does not reduce the leave balance below 240 hours. An employeey submit such leave cash -in
requests no more than twice in any given fiscal year. In documented cases of unforeseen financial
emergencies, consistent with cily policies of deferred compensation cash -in, the city manager may
authorize the city to purchase an employee's annual leave at his� the employee's regular rate of pay_
provided that in no case shall a cash -in be allowed to reduce an employee's annual leave balance below 40
hours.
14.7 Donated Leave
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Donation of annual leave to another employee will be allowed in cases of serious, unforeseen
medical emergencyThe circumstances and upon approval by the city manager. Thcircumstances and Won approval by the city manager. The value of the
donated leave time will be computed at the regular rate of pay of the donating employee and
converted into hours of equal value based upon the regular rate of pay of the receiving g employee.
All guidelines set forth by the city manager shall be observed.
14.8 Military Leave
Employees shall be entitled to military leave in accordance with State law, including but not
limited to AS 39.20.340, and Federal law, including but not limited to USERRA.
A. Absence from city duty for the purpose of participating as a member of a United
States reserve component, either in active military service of the state or in military
training, is authorized and will be treated administratively in such manner that the
individual will not suffer a decrease in income or a loss of benefits during the first 30
days of the military active duty or training period.
B. The city manager will be provided with a copy of the individual's orders to duty
C. The absence will be recorded during the first thirty calendar days as administrative
leave without charge to annual leave.
D. The ci . will pay the difference between the amount paid by the military, excluding
allowances, and the sum the employee would have received for city work during the
same period at the regular rate.
E. An employee called to active duty for a period exceeding 30 calendar days shall be
granted a leave of absence without pay for a period terminating 90 calendar days
beyond termination of such active duty.
14.9 Worker's Compensation
4- An employee injured in the line of duty shall be entitled to workers'
compensation pay from the city's insurance carrier without deduction
from annual leave balance for up to six weeks. During the six weeks,
the city shall pay the difference between what the employee receives
from the insurance carries and the amount the employee would have
received working 40 hours at their base rate. Retirement benefits,
annual leave accrual, and medical insurance coverage shall
continue. If aR eMPIE)Yee reneiVes GE)MpensatiGR pay frnm
thiQ ns--rpRGe carrier rd--riRg the time he/she is also renei�iinry
rr�aru� rv�vai r rcr a a� n r��� r� cn n c- Tc� �nc-r� �— . - - - NgRg
iqn-rke 5' GGM PeRsatiGR pay frnm the nit�T /she shall return his/her
f--II yVA-rLers' rnmPeR6atiGR pay frnm the ins--FaRGe carrier to the pity.
Page 40 of 51
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SPEA CBA 1/1/23 to 12/31/25 Redline
2. After six weeks have expired, the employee may elect to use annual leave. At that time
the employee will retain his/her insurance workers' compensation benefits. While on
annual leave, retirement benefits, annual leave accrual, and medical insurance coverage
shall continue.
3. After all annual leave has expired, or if the employee elects not to use annual leave, the
employee will receive only insurance workers' compensation benefits and will be
considered on leave without pay from the city. While on leave without pay, retirement
benefits and annual leave accrual are suspended, but medical insurance coverage
continues. This is to be in effect until a doctor's statement is submitted advising that the
employee is physically fit and capable to perform his/her job description with or without
reasonable accommodations.
14.10 Jury Duty / Court Leave
Jury Duty shall be treated as administrative leave (with pay) from the City. Services in court
when subpoenaed as a witness on behalf of the City, or when called as an expert on a matter of
City concern, or relating to a municipal function, will be treated the same as jury duty. In order
to be entitled to jury duty leave, the Employee shall provide the department head with written
proof of the requirement of his/her presence for the hours claimed. Fees paid by the court
(other than travel and subsistence allowance) will be turned in to the City, except the fees paid
for court duty which occurs on the Employee's normal non -work days may be retained by the
Employee. Witness service for any purpose other than those described above will be covered
by annual leave or leave without pay and any fees received in this connection may be retained
by the Employee.
Employees serving on jury duty during their regular time off will be allowed to flex the time to
their regular work week or receive overtime pay at the discretion of the department head.
14.11 Leave Without Pay
1. Leave without pay mawgranted to an employee upon recommendation of the department
head and approval of the city manager.
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2. Each request for st" the leave shall be considered in the light of the circumstances
involved and the needs of the city.
3. Leave without pay shall not be requested nor granted until ,,,.� all annual leave
has been exhausted, except when an employee is absent and drawing workers'
compensation p L.
4. Normally, not more than 90 calendar days leave without pay may be granted for personal
reasons, unless the employee is on Family Medical Leave (FMLA).
5. No benefits will accrue while on leave without pay except medical insurance which will
continue to be paid as long as the employee is employed by the citL-
14.12 Family and/or Medical Leave of Absence
The City shall comply with the federal Family and Medical Leave Act (FMLA) and the State of
Alaska Family Leave Act (AFLA). FMLA and AFLA, when both are applicable, run concurrently,
and paid leave, when available, is charged during periods of approved family leave until
exhausted. During family leave, when the Employee is receiving no pay from the City, the
Employee is still responsible for remitting the Employee portion of any benefit -related charges
to maintain the benefit.
14.13 dal Bereavement Leave
Each full-time Employee shall be eligible for seven (7) consecutive
working days of leave for use upon the death P^r-"fi al of a
member of the Employee's immediate family limited to one time per
calendar year. Such leave shall not be deducted from the Employee's
PTO account.
Leave without pay up to an additional five days will be granted and
may be extended with approval from the City Manager.
14.14 Definition of "Immediate Family"
The definiti.,n of fa ly will be as pre..ided- fey- 0n the C-,., ily 5/IedicCaI
r
As related to this section, "immediate family" means the following: spouse, father,
mother, brother, sister, son, daughter, grandfather and grandmother including
adopted, step or foster, and mothers and fathers-in-law and legal guardians.
15.1 Work Rules
ARTICLE 15 - WORK RULES
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The City shall have the right to establish and notify Employees of workplace policies,
procedures, and/or rules regarding any matter, and to require Employees to abide by such
policies, procedures, and/or rules, so long as such policies, procedures, and/or rules are not
inconsistent with any express provision of this Agreement. An arbitrator shall have no authority
to interpret, apply, add to, detract from, alter, amend, or modify such policies, procedures,
and/or rules.
15.2 Protection of Rights
An Employee shall not be required, in the performance of his or her duties, to violate any
federal, state, or local law. In performing his or her duties, an Employee shall comply with all
applicable federal, state, and local laws.
1. Each Employee is required to act with due care and regard for Employee's own safety
and that of fellow Employees and to respect the person and property of other
Employees and persons.
2. The City agrees that it will not deduct the cost of lost, missing, stolen, or damaged
property belonging to the City from an Employee's pay, provided the loss or damage
was not willfully or negligently caused by or through the actions of the Employee.
3. It is recognized that GPS in City vehicles is a valuable and necessary safety tool.
a. GPS tracking shall not be used to initiate any formal action, including discipline,
demotion, or discharge. GPS tracking shall not be solely used to begin an investigation.
b. GPS tracking can be used to further an investigation alreadv in progress. GPS
tracking may also be used for health and safety purposes, such as to locate a City vehicle
when the driver has missed security check -ins, when a City vehicle has been involved in an
accident, or to resolve a citizen's formal written driving complaint involving a City vehicle.
c. For good cause shown, City and SPEA shall have the right to review all GPS tracking
records of all City vehicles for the time period under investigation.
ARTICLE 16 - SAFETY
16.1 Safety Rules
Safety rules, policies and procedures of the City, which the City may modify from time to
time, are incorporated by reference and made part of this Agreement. All Employees
must at all times comply with such safety rules, policies and procedures. Any Employee
who is injured on the job must make an immediate report to the Employee's supervisor,
no matter how slight the injury. Failure of an Employee to follow safety rules, including
the immediate reporting of injuries, may result in discipline up to and including dismissal
through the progressive discipline process.
2. The City and Union are mutually committed to the reasonable efforts to maintain safe
and healthful working conditions for all Employees. It shall not be a violation of this
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Agreement or grounds for discipline or dismissal if an Employee, in good faith, refuses to
work in/on what the Employee reasonably believes to be unsafe conditions for his or
her job which would subject the Employee to serious injury or death. Whenever
possible, an Employee must first seek from the City a correction of the dangerous
condition. Employees shall not knowingly continue to work in what they know to be a
dangerous condition.
3. An Employee who notices an unsafe work condition is mandated to report the unsafe
condition to their immediate supervisor. The immediate supervisor shall proceed to
copy the City's designated OSHA Safety Officer or Human Resources Administration.
16.2 Drug Testing
The City and Union agree that any drug and/or alcohol testing policy or procedure adopted by
the City Council or required by law shall be applicable to the Employees covered by this
Agreement. Failure of an Employee to comply with such policy or procedure shall be grounds
for discipline up to and including dismissal.
16.3 Safety Devices and Uniforms
The City shall provide all devices, apparel or equipment necessary for an Employee's safety in
accordance with applicable laws. Additionally, the City shall provide special tools, equipment,
clothing and uniforms it deems necessary to accomplish work assignments. All items provided
to Employees in accordance with this Section are the property of the City, may be used only for
official work purposes, and when practicable, shall remain in their place of employment at all
times that the property is not in use by the Employee and shall be returned in good working
order upon separation from City service.
ARTICLE 17 - BENEFITS
17.1 Health Insurance
1. The City will provide all full-time Employees and their qualified dependents a benefit
package in accordance with Council approved policies. Full-time Employees are those
Employees who are normally scheduled to work thirty (30) or more hours a week.
Employees are solely responsible for any personal tax liability incurred for said benefits.
a. Employees in positions exposed to unique hazards or which exhibit a proven risk for
the development of certain illnesses will be provided with medically recommended
immunizations or preventative screenings.
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2. The City shall pay to the health insurance program, in the manner as determined by
Council for all Employees. If the City wishes to increase the employee health insurance
cost share, the parties will renegotiate the contribution amounts, if necessary.
17.2 Health Insurance Renewal or Replacement
Within ten (10) working days of receipt of all health insurance options each year the City will
provide a copy of the options received to the Union. The City will review the options with the
Union prior to reviewing or replacing the health insurance program.
17.3 Lengev+ty Annual Bonus
1. All regular Employees, after completion of one (1) years' service equal to two thousand
and eighty (2,080) hours, shall be paid Annual pay at the rate of one and a half percent
(1.5%) of the employee's regular salary. Annual pay shall be paid once each year on the
first pay day of December.
2. Any break in City employment longer than thirty (30) calendar days will advance the
eligibility date by the number of days in excess of thirty (30). Time served as a
temporary Employee shall not be included.
17.4 Retirement
1. The City has in effect a retirement plan with the Public Employees Retirement System
(PERS) for all eligible City Employees included in this Agreement.
17.5 Training/Professional Development
The City and Union agree that education and training may enhance an Employee's job
performance and prepare the Employee for career advancement within the City. To that
end, the City and Union encourage Employees to take advantage of City -sponsored
training and/or professional development programs.
2. Department Heads shall provide active leadership in developing the Employees under
their supervision. In this capacity, they shall:
a. Cooperate closely with the city manager in determining the current and future
employee development needs in the department.
b. Participate with the city manager in developing and implementing employee
development programs
c. Budget sufficient funds to secure needed career development programs
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SPEA CBA 1/1/23 to 12/31/25 Redline
Evaluate the effectiveness of completed career development programs and make
recommendations for improvement where appropriate
e. Assure that Employees are provided with sufficient time to participate in career
development programs.
ARTICLE 18 - STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE
18.1 Strike/Lockout
The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of
this Agreement.
18.2 Picket Lines
The parties agree that it shall be a violation of this Agreement and it shall be cause for
disciplinary action in the event an Employee refuses to go through or work behind any picket
line. The City specifically retains all of its rights under AS 23.40.200.
ARTICLE 19 - GENERAL PROVISIONS
19.1 Duration
This Agreement shall become effective January 1, 2QP 2023and shall continue in full force and
effect through midnight, December 31,2=2025. Thereafter, it shall automatically renew itself
and continue in full force and effect from year to year unless written notice of election to
terminate or modify any provision of this Agreement is given by one party not later than
January 1st of any succeeding year.
19.2 Severability
1. Violations: If any term or provision of this Agreement is, at any time during the life of
this Agreement, adjudged by a court or administrative body of competent jurisdiction to
conflict with any law, such term or provision shall become invalid and unenforceable,
but such invalidity or unenforceability shall not impair or affect any other term or
provision of this Agreement.
2. Replacement: If a determination or decision is made pursuant to Subsection 1 of this
Article that part of this Agreement is found to be in violation of law, the parties to this
Agreement shall convene for the purpose of negotiating a satisfactory substitute for the
invalidated article, section or portion thereof.
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3. Printing of the Agreement: The parties agree that a Union representative and a person
appointed by the City will meet and mutually agree on the format, size, and
specifications of the Agreement to be printed. The Union shall print or be responsible
for the printing of the Agreement. The parties will designate the number of copies of the
Agreement each desire and each party will be responsible for the cost involved in
printing that number of copies.
19.3 Waiver of Bargaining Rights and Amendments to Agreement
During the negotiations resulting in this Agreement, the City and the Union each had the
unlimited right and opportunity to make demands and proposals with respect to any subject
matter as to which the Alaska Public Employment Relations Act imposes an obligation to
bargain. This Agreement contains the entire understanding, undertaking, and agreement of the
City and the Union, after exercise of the right and opportunity referred to in the first sentence
of this Section, and finally determines all matters of collective bargaining for its term.
19.4 Changes to Agreement
This Agreement may be amended with the mutual consent of the parties. Changes in this
Agreement, whether by addition, deletion, amended or modification, must be reduced to
writing and extended by both the City and Union in the form of a Letter of Agreement.
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Appendix A
Positions Eligible for Union Representation
Accounting Supervisor
Accounting Technician I (Payroll)
Accounting Technician 11 (A/P)
Accounting Technician 11 (Utility)
Accounting Technician III
Administrative Assistant - Recreation
Animal Control Officer
Building Inspector
Corporal
Corrections Officer
Corrections Sergeant
Curator
Custodian - Municipal Buildings
Dispatch Supervisor
Dispatcher
DMV Clerk
Executive Assistant
(Fire/PW/Parks/Electric/Harbor/Clerk/)
Fire/Building Inspector
Harbor Worker 11
Harbor Worker III
Maintenance Mechanic Operator
MIS Tech
Office Manager - Harbor
Part-time Animal Control Assistant
Part-time Library/Museum
Patrol Officer
Patrol Sergeant
Planning Technician
Program Coordinator (Campground/Recreation)
Senior Computer Technician
Shop Foreman
Technician
Water/Wastewater Foreman
Water/Wastewater Operator
Page 48 of 51
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SPEA CBA 1/1/23 to 12/31/25 Redline
APPENDIX B
SALARY SCHEDULE FOR 2023
PAY RANGES with 2.5 COLA
Administrative and Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (1-4)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
1
33,313
34,145
34,999
35,874
36,771
37,690
38,632
39,598
40,588
41,603
42,643
43,709
44,802
45,922
47,070
48,246
2
36,644
37,560
38,499
39,461
40,448
41,459
42,496
43,558
44,647
45,763
46,907
48,080
49,282
50,514
51,777
53,071
3
40,308
41,316
42,349
43,407
44,493
45,605
46,745
47,914
49,112
50,339
51,598
52,888
54,210
55,565
56,954
58,378
4
44,339
45,447
46,584
47,748
48,942
50,165
51,420
52,705
54,023
55,373
56,758
58,177
59,631
61,122
62,650
64,216
Supervisors and Advanced Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (5-9)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
5
46,125
47,278
48,460
49,672
50,913
52,186
53,491
54,828
56,199
57,604
59,044
60,520
62,033
63,584
65,173
66,803
6
50,738
52,006
53,306
54,639
56,005
57,405
58,840
60,311
61,819
63,364
64,948
66,572
68,236
69,942
71,691
73,483
7
55,811
57,207
58,637
60,103
61,605
63,145
64,724
66,342
68,001
69,701
71,443
73,229
75,060
76,936
78,860
80,831
8
61,392
62,927
64,500
66,113
67,766
69,460
71,196
72,976
74,801
76,671
78,587
80,552
82,566
84,630
86,746
88,914
9
67,532
69,220
70,950
72,724
74,542
76,406
78,316
80,274
82,281
84,338
86,446
88,607
90,823
93,093
95,420
97,806
Directors and Senior Managers
Open Ranges
7.5% Between Each Grade (10-13)
45% Range Spread from Minimum to Maximum
Grade
A
B I C I D I E I F I G I H I 1
I J I K I L I M I N 1 O
P
10
71,750
104,038
11
77,131
111,840
12
82,916
120,228
13
89,135
129,245
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SPEA CBA 1/1/23 to 12/31/25 Redline
APPENDIX B
SALARY SCHEDULE FOR 2024
PAY RANGES with 1.5 COLA
Administrative and Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (1-4)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
1
33,812
34,657
35,524
36,412
37,322
38,255
39,212
40,192
41,197
42,227
43,282
44,365
45,474
46,610
47,776
48,970
2
37,193
38,123
39,076
40,053
41,055
42,081
43,133
44,211
45,317
46,449
47,611
48,801
50,021
51,272
52,553
53,867
3
40,913
41,936
42,984
44,059
45,160
46,289
47,446
48,632
49,848
51,094
52,372
53,681
55,023
56,399
57,809
59,254
4
45,004
46,129
47,282
48,464
49,676
50,918
52,191
53,496
54,833
56,204
57,609
59,049
60,525
62,039
63,590
65,179
Supervisors and Advanced Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (5-9)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
5
46,817
47,987
49,187
50,417
51,677
52,969
54,293
55,651
57,042
58,468
59,930
61,428
62,963
64,538
66,151
67,805
6
51,499
52,786
54,106
55,458
56,845
58,266
59,723
61,216
62,746
64,315
65,923
67,571
69,260
70,991
72,766
74,585
7
56,648
58,065
59,516
61,004
62,529
64,092
65,695
67,337
69,021
70,746
72,515
74,328
76,186
78,090
80,043
82,044
8
62,313
63,871
65,468
67,105
68,782
70,502
72,264
74,071
75,923
77,821
79,766
81,760
83,804
85,900
88,047
90,248
9
68,545
70,258
72,015
73,815
75,660
77,552
79,491
81,478
83,515
85,603
87,743
89,936
92,185
94,489
96,852
99,273
Directors and Senior Managers
Open Ranges
7.5% Between Each Grade (10-13)
45% Range Spread from Minimum to Maximum
Grade
A
B I C I D I E I F I G I H I I
I J I K I L I M I N 1 O
P
10
72,826
105,598
11
78,288
113,518
12
84,160
122,032
13
90,472
131,184
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APPENDIX B
SALARY SCHEDULE FOR 2025
PAY RANGES with 1.5 COLA
Administrative and Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (1-4)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
1
34,319
35,177
36,057
36,958
37,882
38,829
39,800
40,795
41,815
42,860
43,932
45,030
46,156
47,310
48,492
49,705
2
37,751
38,695
39,662
40,654
41,670
42,712
43,780
44,874
45,996
47,146
48,325
49,533
50,771
52,041
53,342
54,675
3
41,526
42,565
43,629
44,719
45,837
46,983
48,158
49,362
50,596
51,861
53,157
54,486
55,848
57,245
58,676
60,143
4
45,679
46,821
47,992
49,191
50,421
51,682
52,974
54,298
55,656
57,047
58,473
59,935
61,433
62,969
64,543
66,157
Supervisors and Advanced Technical
2.5% Between Each Step (A-P)
10% Between Each Grade (5-9)
45% Range Spread from Minimum to Maximum
Grade
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
5
47,519
48,707
49,925
51,173
52,452
53,764
55,108
56,485
57,897
59,345
60,829
62,349
63,908
65,506
67,143
68,822
6
52,271
53,578
54,917
56,290
57,697
59,140
60,618
62,134
63,687
65,279
66,911
68,584
70,299
72,056
73,858
75,704
7
57,498
58,936
60,409
61,919
63,467
65,054
66,680
68,347
70,056
71,807
73,602
75,443
77,329
79,262
81,243
83,274
8
63,248
64,829
66,450
68,111
69,814
71,559
73,348
75,182
77,061
78,988
80,963
82,987
85,061
87,188
89,368
91,602
9
69,573
71,312
73,095
74,922
76,795
78,715
80,683
82,700
84,768
86,887
89,059
91,285
93,568
95,907
98,304
100,762
Directors and Senior Managers
Open Ranges
7.5% Between Each Grade (10-13)
45% Range Spread from Minimum to Maximum
Grade
A
B I C I D I E I F I G I H I 1
I J I K I L I M I N 1 O
P
10
73,919
107,182
11
79,463
115,221
12
85,422
123,862
13
91,829
133,152
Page 51 of 51
INR
Resolution 2022-081
Documents:
• Agenda Statement
• Resolution 2022-081
• Attachments:
o DGGS Analysis of Lowell Point Landslide Preliminary
LIDAR Data
o SOA DOT Memorandum
o Landslide Photos
o Rock Catchment Information
o CRM Regional Geotechnical Engineer Report
"1:
City Council Agenda Statement
Meeting Date: June 27, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2022-081: Requesting State of Alaska Leadership in Response
to the Documented Concerns Regarding Bear Mountain and Probable
Future Devastation to the City of Seward and Lowell Point Community
Background and justification:
The May 7, 2022, massive landslide on Lowell Point Road triggered studies of Bear Mountain by the
Alaska Department of Transportation, Central Region Materials Geotechnical Engineer, Alaska
Department of Natural Resources (DNR), Division of Geological and Geophysical Surveys (DGGS),
and Elevate UAS, who provided lidar information.
DGGS examined all of the reports and provided a combined report with recommendations
concerning Bear Mountain and probable future devastation to the Lowell Point and Seward
communities. The report identifies four areas of failure with the possibility of creating a devastating
local tsunami.
It is imperative that Bear Mountain be further investigated with ground -based studies, instrumented
as soon as possible, and closely monitored for potential movement, as soon as possible.
Knowing the magnitude of the report and the City's lack of capacity to conduct the required studies
and the finances to mitigate the threats; a meeting was held with the involved State of Alaska
departments. The departments agreed that the matter must be elevated to the State of Alaska.
On June 16, 2022, the State Emergency Operations Center contacted the City Manager about the
need to begin the State process and the immediate submission of a 213 Resource Request (RR). The
213 RR was submitted, along with information about the upcoming city council resolution.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 1.3.4.4 Public Safety, 3.8 Natural Hazards -Promote Community Safety
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
WIN
Funds are (✓):
Budgeted Line item(s):
Not budgeted
x Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Unassigned Fund Balance*: $
Available Unrestricted Cash Balance*: $
Attorney Review
RYes
Not applicable
Finance Signature:
*unaudited numbers
Administration Recommendation
ex Adopt Resolution
Other:
"f:
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2022-081
A Resolution of the City Council of the City of Seward, Alaska, Requesting
State of Alaska Leadership in Response to the Documented Concerns
Regarding Bear Mountain and Probable Future Devastation to the City of
Seward and Lowell Point Community
WHEREAS, the May 7, 2022, massive landslide on Lowell Point Road triggered studies
of Bear Mountain by the Alaska Department of Transportation, Central Region Materials
Geotechnical Engineer, Alaska Department of Natural Resources (DNR), Division of Geological
and Geophysical Surveys (DGGS), and Elevate UAS, who provided lidar information; and
WHEREAS, DGGS examined all of the reports and provided a combined report with
recommendations concerning Bear Mountain and probable future devastation to the community;
and
WHEREAS, in the area between the 2022 landslide and the 2012 landslide is an
anomalous treeless area and a suspicious bench feature that suggests parts of the slope have moved
in the recent past (referred to as Feature of Concern A in the report); and
WHEREAS, the 2022 landslide will further destabilize the slope and there is a heightened
level of concern for additional failure, this area should be instrumented as soon as possible and
remain closely monitored; and
WHEREAS, the report identified an area that appears to be a massive slope failure almost
two miles across at the slope base and extending 1500 feet or more up the mountainside, with a
prominent southern head scarp that extends upslope at an unknown distance (referred to as Feature
of Concern B in the report); and
WHEREAS, the report explains there is a prominent scarp or crack along the upper right
(north) margin of the area of massive slope failure at an elevation of approximately 1500 feet; and
WHEREAS, a faint linear trace (minor drainage) extends down and to the right,
connecting with a more fully developed stream drainage gully that intersects Lowell Point Road
just south the 2012 landslide; and
WHEREAS, the suspected crack, if verified and determined to be deep-seated, poses a
significant potential threat to people, infrastructure, and boat traffic in Resurrection Bay; and
WHEREAS, of major concern to the City is that a huge rock mass plunging into the fjord
from an elevation of 1500 would generate a local tsunami that could prove devasting; and
WHEREAS, it is imperative the area be further investigated with ground -based studies,
isM
CITY OF SEWARD, ALASKA
RESOLUTION 2022-081
instrumented as soon as possible, and closely monitored for potential movement; and
WHEREAS, a slope -parallel feature believed to be a discontinuity may be a bedrock
feature related to underlying rock structure or stratigraphy and further investigation is needed to
conclusively determine its origin and potential for slope failure distance (referred to as Feature of
Concern C in the report); and
WHEREAS, what is known about this feature is that it is approximately the same elevation
as the head scarps of the 2012 and 2022 landslides and warrants closer inspection; and
WHEREAS, because of its location upslope of developed areas, a focused ground -based
assessment to determine if there is a hazard is needed; and
WHEREAS, a downslope of the youngest (lowest) moraine indicate areas where
unconsolidated sediments have mobilized into small landslides of various ages and traveled to the
base of the mountain through incised channels, with considerable material perched on the slope
(referred to as Feature of Concern D in the report); and
WHEREAS, at this time there are no prominent cracks or scarps along this moraine but it
is at the same elevation and in line with the 2012 and 2022 head scarps, and likely shares many of
the same bedrock and slope characteristics; and
WHEREAS, further examination is needed of this area as well; and
WHEREAS, the entire report is of concern to Seward and due to the severity of the report,
it is imperative immediate action be taken to further study the entire length of Lowell Point Road
and the impacts of Bear Mountain on the road; and
WHEREAS, the City of Seward does not have the capacity to conduct the study and the
finances to mitigate the threats.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City of Seward requests the State of Alaska's immediate assistance to begin
mitigation efforts to protect the City of Seward and Lowell Point community.
Section 2. The City Manager is authorized to sign documents related to the request and
any funding opportunities. All encumbrances of funds will be brought before the City Council for
approval.
Section 3. This resolution shall take effect immediately upon adoption.
120
Background - Lowell Point Road Landslide Assessment
Preliminary observations and geologic interpretations by the Alaska Division of Geological & Geophysical
Surveys resulted in a recommendation to maintain a continued heightened level of concern for potential
failure along the Lowell Point Road landslide's southern margin. The slide is expected to continue to change
daily with continued remediation efforts and natural slope processes, and we suggested another evaluation
would be warranted when cleanup efforts were complete. Because the face of the slope is composed of
highly foliated bedrock and/or rubble, extremely steep, and in an area with highly variable meteorological
input and significant seismic potential, we also noted the need for extensive continued efforts to protect the
roadway and those traveling to/from Lowell Point. Minimally this should include signage indicating a slide
area and no stopping on the road. Pedestrian/foot traffic should not be allowed.
This report summarizes DGGS' interpretation of preliminary post -slide lidar elevation data collected along
Lowell Point Road by Elevate, Inc., for the City of Seward. Bare -earth lidar is a crucial tool for completing
hazard assessments, allowing geoscientists to analyze topographic details by mathematically stripping away
obscuring vegetation to see the actual land surface below. This is a preliminary visual analysis supplemented
by limited ground -based observations, not the result of an in-depth exploration using advanced computer
algorithms and filters, so subtle features may have been overlooked. Colleagues at the U.S. Geological Survey
participated in the discussion of our analysis.
Lidar Analysis
The following text refers to features marked on the attached annotated hillshade image that was generated
from the lidar data. Areas of concern are highlighted below and include our first -order recommendations for
further action.
Area of 2022 Lowell Point Road Landslide
Orange and red dashed lines and arrows mark the approximate extents of the 2012 (orange) and
2022 (red) landslide scarps and associated deposits. The yellow star and arrow correspond to the
location of figure 12 in DGGS geologist Barrett Salisbury's field report (May 20, 2022, landslide
observations report) —an anomalously treeless area that looked like an old landslide scar re -
vegetated by devil's club. This cleared area is perched above the undisturbed forested area between
the two slides and below the "suspicious bench" described in an earlier DGGS email report (May 10,
2022, analysis of drone photography and video footage).
o Feature of Concern A: White arrows mark a distinct serpentine discontinuity (scarp or
fracture?) extending left (south) and upslope from the right (north) margin of the 2022 slide
headscarp. Between this feature and the tops of the 2012 and 2022 slides are the
anomalous treeless area and "suspicious bench" feature noted above, suggesting that parts
of the slope have moved in the relatively recent past. The new landslide will have further
destabilized the slope and we recommend a heightened level of concern for additional
failure. Advanced geotechnical expertise is needed to further assess this feature. If the area
between the 2012 and 2022 slides releases (whether naturally or by blasting), this may also
increase the likelihood of failure from above. Blasting, if undertaken, must therefore take
this risk into account, and preparations made for the potential of a significantly larger
landslide being triggered. This feature should be instrumented as soon as possible and
closely monitored if vehicle traffic is to continue on Lowell Point Road.
Area South of 2022 Lowell Point Landslide
Yellow dotted lines mark the perimeter of what appears to be a massive slope failure almost two
miles across at the slope base and extending 1500 feet or more up the mountainside. This feature
may represent a single event or it may be the result of several landslides. The prominent southern
headscarp of this feature is highlighted by white arrows. The upper margin of this headscarp extends
upslope (west) an unknown distance beyond the lidar extent.
o Feature of Concern B: White arrows mark a prominent scarp or crack along the upper right
(north) margin of the area of massive slope failure at an elevation of approximately 1500
feet. A faint linear trace (minor drainage) extends down and to the right, connecting with a
more fully developed stream drainage gully that intersects Lowell Point Road just south of
the 2012 landslide. This suspected crack, if verified and determined to be deep-seated,
poses a significant potential threat to people, infrastructure, and boat traffic in Resurrection
Bay. A huge rock mass plunging into the fjord from an elevation of 1500 feet would generate
121
a local tsunami that could prove devastating. This feature should be investigated with
ground -based studies, instrumented as soon as possible, and closely monitored for potential
movement.
Area North of 2022 Lowell Point Landslide
• Feature of Concern C: A slope -parallel linear feature above Resurrection Bay Seafoods is pointed out
by white arrows at the north end of the image. We believe this discontinuity may be a bedrock
feature related to underlying rock structure or stratigraphy (layering), although further investigation
is needed to conclusively determine its origin and potential for slope failure. This feature is at
approximately the same elevation as the headscarps of the 2012 and 2022 landslides, so warrants
closer inspection. Because of its location upslope of developed areas, we recommend a focused
ground -based assessment to determine more clearly if there is a noteworthy hazard present.
• The smooth, slope -perpendicular linear ridges marked in blue and purple are moraines formed of
sediment deposited by ice along the margins of a glacier that once completely filled Resurrection
Bay.
0 Feature of Concern D: Purple arrows downslope of the youngest (lowest) moraine indicate
areas where unconsolidated sediments have mobilized into small landslides of various ages
and traveled to the base of the mountain through incised channels. There is still
considerable material perched on the slope available for additional failures. There are no
prominent cracks or scarps along this moraine but is at the same elevation as (and in line
with) the 2012 and 2022 headscarps, and likely shares many of the same bedrock and slope
characteristics. These similarities warrant closer examination to determine if heightened
precautions need to be taken.
122
N
MEMORANDUM
TO: John Clendenin
DOT&PF SEOC Liaison
THRU: Mike Yerkes, P.E.
Central Region Mate Chief
FROM: Mitch Miller, P,E. -,V�
CRM Regional Geotechnical Cngr.
State of Alaska
Departmeu t of Transportation & Public Facilities
Division Name
DATE: May 19, 2022
PHONE NO: (907) 269-6245
SUBJECT: 2022 Lowell Point Road
Landslide Assessment
Central Region Materials (CRM) was asked to travel to Seward to gather initU!f s.f 7 L1 Vati n , of
the Lowell Point Road slide area on Friday, 5/13/22. Myself and Dave Hentj-t.ci_ 4 ull n,.o ide
Foundation Engineer travelled to the site that day and were able to perform a v1sit and
document conditions from the bay and from the debris pile beneath the slide. At the r'Aluest of
the City of Seward CRM staff including myself and Craig Boeckman, Regional Geologist for
CRM travelled back to Seward on Tuesday, 5/17/22 to perform a preliminary 1-day assessment
of the landslide. This memo presents those findings and general recommendations for a short-
term condition that opens the road while protecting traffic and provides a maintainable rock
catchment area.
To date the primary activity at the current slide location has been debris removal at the toe of the
failure and scaling of loose rock from the brow area at the top of the slide. Local contractor
Metco Alaska, LLC is moving debris into Resurrection Bay with two large excavators (Hitachi
EX800's) and one large bulldozer (Cat 139). Advanced Blasting Services, LLC out of Wasilla,
AK is performing hand and powder scaling at the top of the slide area to remove hanging rock
material that hose., ilie greatest risk should it break loose and travel down slope once the road is
inevitably, rvopenc(]. Periodic powder scaling with explosives has been performed to move rock
debris that iti luo large to move by hand with scaling bars. it is unknown exactly how many shots
have been performed to date.
Slope Observations
The old slope failure that exists just south of the current site failed approximately 10-15 years
ago, More recently, approximately 2 years ago, a much smaller failure occurred 500+ feet south
of the current site. The older, adjacent slide has been a constant source of debris and rockfall. 2-
3 foot high Ecoblocks have been placed at the toe to prevent the smaller material from reaching.
the road. The: current failure is deeper and produced a much larger quantity of material.
The hillside adjacent to Lowell Point Road consists of a massive but heavily jointed bedrock
material that commonly outcrops at the edge of the road and extends up 10-70 feet above the
road surface. This rock appears to extend approximately 75 feet up the failure surface in the
slide area. In the center of the failure this material appears to be heavily fractured and rubbelized
with multiple disjointed fragments that are multiple feet in diameter. Above the massive rock is
a phyllite rock material (or similar) that is much weaker and poorer quality, This material
extends up to near the surface where a tlun layer of organic soils (approximately 1-2 feet thick)
V,IN FP7`_ ibry,1fI44 f1 h I, OtIf? itII
occurs. The surface of the hillside is covered with deposits of angular cobbles and boulders of
higher quality rock material. For the most part this material is covered by a vegetative mat and
large spruce trees that have grown over, through and around the cobbles and boulders.
Slope Stability Assessment
Upper and Northern Limits
While onsite I was able to view the failure area by helicopter and on foot. I didn't see signs of
imminent movement such as fresh tension cracks through the vegetative mat above the top of the
slide or along the north flank. The center and northern portion of the slide is significantly more
shallow than the southern edge. The failure plane appears to be less than 5 feet below the original
ground. In that regard it appears to be similar to the adjacent slide that occurred 10-15 years ago.
The existing poor quality rock is capable of supporting steep slopes (as indicated by the older
slide face). I think it is likely this area will perform similarly while producing intermittent
rockfall and a significant amount of raveled material.
Southern Limit
There appears to be a concentration of cobbles and boulders at the top left (south) corner of the
failure area where a tension crack was observed after the slide. The southern flank was
inaccessible at the time of my assessment but work crews reported a vertical tension crack that
ran downhill more or less parallel with the southern edge of the slide. I'd estimate the tension
crack was approximately 1/3 of the way across the intact center area between the current slide
and the adjacent older slide. It appears this area moved during the initial event but stopped short
of complete failure.
The most notable event since the response started was on 5/16/22 when a significant failure
along the southern edge of the slide resulted in a substantial amount of material coming down
onto the muck pile. The failure appears to have been essentially the fall height of the slide.
Photo 1 and 2 are of the southern flank taken from similar perspectives on 5/13/22 and 5/17/22
respectively. The increased depth of the failure surface is evident in Photo 2. It's unknown if
this ensuing failure was initiated by excavator activity at the base of the slope or if movement at
the top of the slide triggered the lower area. I think it is likely that the currently exposed surface
is close to the original failure surface and the material between the bottom and midslope that
came down on 5/16/22 was slide debris that came to rest at this location/elevation (deposited
over the failure surface) during the initial event. This would explain the ease at which it failed
once disturbed by excavation or upslope activities.
The failure that occurred on 5/16/22 revealed more of the massive higher quality rock beneath
this area (photo 2). It's likely the large angular cobbles and boulders near the surface helped
prevent the surficial soils from completely failing during the initial slide and the more massive
higher quality bedrock that was revealed along the lower reaches of the southern flank supported
the center area between the two slides.
Given the heavily jointed and fractured nature of the bedrock at the base of the slope it is
possible that this area will relax and fail in stages. If this occurs I would expect it would happen
in a series of smaller events. The area should be assessed again once the muck pile is removed
and the rock structure is exposed.
IF141
Page 3
Immediate Hazard
Having spent a day looking and walking around the slope I have not witnessed conditions that
indicate large scale movements are imminent. I think it is likely this slide will perform much
like the older adjacent slide and the intact area between the two slides will continue to benefit
from the underlying higher quality intact rock that supports it and the coarse surface materials
(cobbles and boulders) that are providing a stable surface. It's impossible to state that large scale
failures associated with this slide cannot be ruled out as deep seated movement that is
unperceivable at the surface could be occurring. A more involved slope stability assessment that
includes instrumentation of the slope is needed for that determination. The condition of the
south edge of the slide should be reassessed once slide debris is removed from the base of the
slope.
The unavoidable and immediate hazard at the site will be rockfall. The boulder field at the top of
the slope (while providing some measure of surface stability) poses a significant long-term
rockfall hazard. 2-3 ft diameter boulders are common at the crest of the slope. Complicating the
rockfall hazard is the irregular surface of the failed slopes. Projections in the slope are
"launching points" for rocks that start rolling from the top of the slope. Rocks will be propelled
well into and over the previous location of the roadway. The mid to lower slope portions of the
failure has large bedrock blocks that will dislodge and fall into the ditch. Fortunately this
material isn't as high on the slope and shouldn't gather a lot of momentum before hitting the
ditch bottom.
Mitigation
Final treatment or slope stabilization of the failure area will require a significant design effort
that will take time to perform (likely years). I think the goal of the current effort should be to get
the road open while accomplishing the following signification goals:
Two-way traffic
Protection of roadway from rockfall
a Shoofly realignment of the roadway into the bay to allow for catchment ditch at the base
of the slope.
■ Shoofly will likely be in place for a long time and will require design and
placement of armor stone (production will take time and should be sized similar
to the existing armor stone along the road).
■ Shoofly should extend past the intact center portion of the slide in case portions
of that material comes down in the future.
a Raise the elevation of the road approximately 6 feet to provide a depressed rock
catchment ditch area.
■ Keep bottom of catchment ditch at previous roadway elevation (or lower if
existing utilities allow lowering below the previous road grade)
■ A depressed catchment ditch will be the only effective means of containing larger
rocks that hit the bottom of the slope at high speed.
■ Catchment ditch must be wide enough to allow cleanout by maintenance
equipment. The width should be a minimum of 15 feet. May need to be wider if
rocks commonly overshoot ditch.
■ An edited Rock Catchment Ditch Detail Figure from the DOT&PF Hwy
Preconstruction Manual (Figure 1130-3) is included as Attachment B.
o Temporary rockfall barrier (TRB) mounted on jersey barrier or similar concrete structure
is also recommended between the catchment ditch and roadway.
■ Similar to TRB currently being utilized on the HSIP: Seward Hwy Rockfall
Mitigation Project, Project No. OA310621CFHWY00414. See attachment A.
■ i J
Attachments: Photo 1
Photo 2
Attachment_A Rock Catchment Ditch Detail
Attachment B Temporary Rockfall Barrier Detail
127
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{See 1190.5}, The width of slopes steeper than 4:1 shall not be included in the CZ dimension {See 1130.2.5}.
CZ = Clear Zone (See 1130.2).
1. Refer cuts over 60' to regional or state geotechnical engineer for roadside ditch des-gn.
2. For cuts over 20' in height and 1/2 mile in length it may be desirable to request design
from regional or state geotechnical engineer to insure cost effectiveness.
ROCK CATCHMENT
DITCH WIDTH
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Effective January 1, 2005
130
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Action Memorandum 2022-001
Documents:
• Action Memorandum 2022-001
• Attachments:
o PACAB Resolution 2022-006
o YCE Proposal
o City of Seward CIP 2022-2027
o Heat Pump Project Progress Report Form
o Ad Hoc Committee Meeting Minutes -May 5
o City Council Resolution 2022-038
o City Council Resolution 2018-089
o AEA Grant Agreement
o Andy Baker YCE Resume
`KY:
City of Seward
Action Memorandum 2022-001
Subject: Provide City Council Direction to Administration Concerning the Port and
Commerce Advisory Board Resolution 2022-006: Recommending the City Council
Direct the City Manager to Enter into a Professional Services Agreement with
Your Clean Energy to Consult with the Heat Loop Ad Hoc Committee and Provide
Services as Authorized by the City Manager as Requested by the Ad Hoc
Committee in an Amount not to Exceed $19,520, and Appropriating Funds
Agenda Date: June 27, 2022
Council Action: ❑ Approved
❑ Amended:
❑ Defeated
Background and justification:
On November 26, 2018, the City of Seward received a $725,000 grant from the Alaska Energy
Authority's Renewable Energy Fund to build the Ground Source/Seward District Heat System
demonstration project via Resolution 2018-089.
PACAB approved Resolution 2022-004 on February 16, 2022, to request that City Council direct
PACAB to create a committee to research funding opportunities for this project.
March 29, 2022, City Council approved Resolution 2022-038, authorizing PACAB to create and lead an
Ad Hoc Committee of interested community members to identify available funding sources to
continue the ground source/Seward District Heat System project to completion.
On June 2, 2022, the Ad Hoc Committee voted unanimously to bring this recommendation forward to
PACAB for consideration.
During a special meeting on June 8, the Port and Commerce Advisory Board passed Resolution
2022-006, recommending that City Council direct the City Manager to enter into a professional
services agreement with Your Clean Energy to assist with the identification of grant sources and
provide grant writing services for the Heat Loop Project.
Action Memorandum 2022-001 requests city council direction.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.1.1.2 continue to support efforts to develop alternate energy sources
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0 — a future resolution would expend $19,520
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
X Has no fiscal impact
133
Funds are (✓):
Budgeted Line item(s):
Not budgeted
X Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC
Boat Harbor Parking
Motor Pool Other
Unassigned Fund Balance*:
Available Unrestricted Cash Balance*
Attorney Review,/
RxYes
Not applicable
X Electric Wastewater
Water F1 Healthcare
Finance Director Signature:
x Provide City Administration Direction
Other:
*unaudited numbers
134
Sponsored by: Board Member Jaffa
CITY OF SEWARD, ALASKA
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2022-006
A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD
OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY
COUNCIL DIRECT THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH YOUR CLEAN
ENERGY TO CONSULT WITH THE HEAT LOOP AD HOC
COMMITTEE AND PROVIDE SERVICES AS AUTHORIZED BY THE
CITY MANAGER AS REQUESTED BY THE AD HOC COMMITTEE IN
AN AMOUNT NOT TO EXCEED $19,520, AND APPROPRIATING FUNDS
WHEREAS, on November 26, 2018, the City of Seward received a $725,000 grant from
the Alaska Energy Authority's Renewable Energy Fund to build the Ground Source/Seward
District Heat System demonstration project via Resolution 2018-089; and
WHEREAS, this project was designed to provide primary heat for the City
Library/Museum and City Hall Annex, with options to include the City Hall and Fire Station; and
WHEREAS, the project is fully shovel ready for construction; and
WHEREAS, the benefits to the community are broad and include long-term economic and
environmental benefits; and
WHEREAS, the project has substantial merit, beyond a return on investment, by showing
the feasibility and benefits of using geothermal heat generated from Resurrection Bay; and
WHEREAS, the project has stalled due to dramatic increases in the cost estimates; and
WHEREAS, on February 16, 2022, PACAB approved Resolution 2022-004 to request that
City Council direct PACAB to create a committee to research funding opportunities for this
project; and
WHEREAS, on March 29, 2022, City Council approved Resolution 2022-038, authorizing
PACAB to create and lead an Ad Hoc Committee of interested community members to identify
available funding sources to continue the ground source/Seward District Heat System project to
completion; and
WHEREAS, the Ad Hoc Committee was directed to bring their recommendations back to
PACAB for consideration; and
WHEREAS, the Ad Hoc Committee will meet with city administration to learn about the
grant writing resources available to the city through R&M Consultants which was approved by
`K17
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2022-006
council Resolution 2021-119; and
WHEREAS, should the Ad Hoc Committee discover a potential opportunity to apply for
grant funding through R&M Consultants, or by other means, the Ad Hoc Committee wishes to
have ready access to Your Clean Energy (YCE) for technical support, information, and services in
support; and
WHEREAS, the Ad Hoc Committee may continue to request input and engagement from
YCE on a voluntary basis, but the Ad Hoc Committee is not authorized to commit or expend funds,
per council Resolution 2022-038; and
WHEREAS, the Ad Hoc Committee may request the paid services of YCE on a billable
hourly basis, based on the contract proposal attached to this resolution, only by submitting their
request to the city manager to include a specific request and time estimate; any expenditures
incurred by YCE must be approved by, and will be paid in response to, a request from the city
manager; and
WHEREAS, on June 2, 2022, the Ad Hoc Committee voted unanimously to bring this
recommendation forward to PACAB for consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE
ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that:
Section 1. The Port & Commerce Advisory Board (PACAB) hereby accepts the
recommendation of the Ad Hoc Committee.
Section 2. PACAB will present this resolution and the contract proposal attached to City
Council for consideration.
Section 3. Funding in the amount of $19,520 is hereby appropriated from General Fund
Unassigned Fund Balance account no. 01000-0000-3400 to Finance Department Contracted
Services account no. 01000-1140-7009 within the 2022 operating budget.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of
Seward, Alaska, this 8th day of June, 2022.
1912'
PORT AND COMMERCE ADVISORY BOARD
RESOLUTION 2022-006
THE CITY OF SEWARD, ALASKA
Brandii O'Reagan, Chair
AYES:
Jaffa, Paquette, Smith, Woelkers, Lawrence, Hughes
NOES:
O'Reagan
ABSENT:
None
ABSTAIN:
None
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
`KrA
Your Clean Energy
■
Celebrate the power of nature. —
Page 1 of 2
May 11, 2022
Janette Bower, City Manager
City Of Seward
PO Box 167
Seward, AK 99664
RE: Proposal For Support Services — District Heat Loop Project
Dear Janette:
This proposal is for anticipated time effort by Andy Baker PE of YCE (YourCleanEnergy) to
support additional grant opportunities and development of the City's District Heat Loop Project.
This proposal is based on the following:
BACKGROUND
A team effort by the City and YCE to develop the current Heat Loop Project began with YCE
completing a preliminary concept design and Economic Evaluation in 2015. YCE then provided
technical assistance to develop a scope of work for construction of a 300 ft deep test well in the
waterfront park near the Branson Pavilion. This test well was drilled and a 4" perforated PVC well
screen was installed to depth in August of 2015. YCE assisted to identify the Castaway
submersible probe that then City Building Inspector Stefan Nilsson used to make a series of
measurements to profile the temperature and salinity of the water column down this test well.
YCE updated the Economic Evaluation to include the test well measurements and the potential
of the heat resource below grade in the waterfront park along the bike path.
YCE presented the project to City Council and Admin in September 2015 and Council voted
unanimously to pursue a $725,000 grant from the AEA Renewable Energy Fund. YCE provided
assistance to complete the descriptive, economic, and technical elements of the AEA grant
application; the application successfully competed along with 52 other renewable heat projects
across the state of Alaska, and the grant award of $725,000 was made to the City with support in
late 2018 from then Governor Bill Walker. The City in 2019 secured the services of YCE for
Engineering Design of the project and to update the Economic Evaluation to reflect the final
design. Both the final Engineering Design and Economic Evaluation were completed by YCE in
August of 2020.
SCOPE OF WORK - YCE ongoing time efforts may consist of the following: meetings with and/or
presentations for PACAB, the PACAB Heat Loop Project Committee, City Admin and/or City
Council; meetings with private, state or federal grant agencies regarding the project; providing
historical and new information regarding the project and potential grant opportunities; general
correspondence with City Admin, Council, Mayor, PACAB and/or PACAB Heat Loop Committee
regarding the Project; and providing assistance to the City with technical and economic
information needed for grant applications the City is making for the Project.
3604 S. Charlestown Street, Seattle WA 98144 907-274-2007 www.yourcleanenergy.us
138
Your Clean Energy
Celebrate the power of nature. —
Page 2 of 2
ASSUMPTIONS — Andy Baker of YCE will be available via teleconference or zoom for meetings
and presentations with PACAB, City Admin and City Council, but will not travel to Seward unless
time and expenses for a trip are fully covered by the City.
DELIVERABLES — Following any meetings with City Admin, City Council or PACAB, meeting
minutes will be compiled and then distributed to attendees as a record of what was discussed.
Following any presentations to City Admin, City Council or PACAB, a PDF and power point show
of the slide presentation will be distributed by email by YCE to attendees. Review comments,
suggestions, or contributions to grant applications will be sent in PDF form to City Admin and
PACAB. These efforts allow progress to be documented with transparency thru the process of
developing funding for the project.
SCHEDULE — Support services are available to the City from YCE as needed thru December 31,
2022. An extension of YCE support services is available once projected budget herein is reached,
or if a time extension into 2023 is requested by City Admin.
COMPENSATION — The 2022 billing rate for Andy Baker, PE of YCE for grant and project support
is $160/hour. An invoice for each completed effort of the work will be submitted when the tasks
and deliverables for that effort is completed. An estimate of YCE support time that may be needed
thru December 31, 2022 is as follows, actual time effort may be more or less than this estimate:
Prepare for and attend meetings w/ Admin, Council, PACAB (24 hours) $ 3,840
Provide historical and new information regarding the project (24 hours) $ 3,840
General correspondence with Admin or PACAB on the project (24 hours) $ 3,840
Technical assistance with completion of grant applications (50 hours) $ 8,000
Total Compensation $ 19,520
If you have any questions regarding the above scope for support services, or our understanding
of the services that may be needed, please feel free to contact me,
Sincerely,
Andy Baker, PE
Owner, Project Manager
YourCleanEnergy LLC
3604 S. Charlestown Street, Seattle WA 98144 907-274-2007 www.yourcleanenergy.us
139
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Heat Pump System for City of Seward
Progress Report Form
Grantee: City of Seward
Project Name: Heat Pump System for City of Seward
Grant#7091242 Report No. 14
Period Report: 10/1/2021 to 12/31/2021
Project Activities Completed
- The grant was extended for another 90-day. The City of Seward is still looking to get
additional funding and evaluate funds' use.
- No reimbursement for this period.
Existing or Potential Problems:
The initial application was based on 2014-2015 cost numbers and we are seeing those costs
continue to rise.
Activities Targeted for Next Reporting Period:
We are waiting to get the results of another grant application. The City of Seward will decide
whether to pursue the project or not.
Prepared by:
Jan Bower, City Manager
cc: Naneth Ambrosiani, Grant Accountant
Date: ql� l
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144
MINUTES - MAY 5, 2022
HEAT LOOP PROJECT -AD HOC COMMITTEE
FIRE HALL MEETING ROOM - 1PM
ATTENDING COMMITTEE MEMBERS: BRUCE JAFFA, MIKE BROWN, BOB LINVILLE, DARRYL
SCHAEFERMEYER, BY PHONE: GIFFIN PLUSH, JOEVAHNTA WEDDINGTON, MARY TOUGAS
ALL COUNCIL APPROVED MEMBERS -THROUGH PACCAB, WERE IN ATTENDANCE
OTHERS: CHRISTY TERRY, CITY OF SEWARD MAYOR, BRENDA BALLOU, CITY CLERK, ANDY BAKER OF
YCE BY PHONE
BRENDA BALLOU WAS ASKED ABOUT THE OPEN MEETINGS RULES THAT THIS COMMITTEE NEEDS TO BE
AWARE OF. BALLOU SPOKE TO THIS QUESTION, THEN LEFT THE MEETING.
THIS IS THE FIRST MEETING OF THE COUNCIL APPROVED COMMITTEE AND ORGANIZATION MATTERS
WERE FIRST ADDRESSED. INTRODUCTIONS OF THE MEMBERS, NOMINATIONS FOR EXECUTIVE
MEMBERS WERE MADE AND UNANIMOUSLY ACCEPTED:
CHAIR: BRUCE JAFFA, VICE CHAIR: GRIFFIN PLUSH, RECORDER: MARY TOUGAS
DISCUSSION:
COMMITTEE FOCUS -HELP THE CITY OF SEWARD FIND FUNDING THRU GRANTING OPPORTUNITIES OR
PRIVATE SECTOR, TO BUILD A HEAT LOOP PROJECT AS DESIGNED BY YCE. TO LOOK AT THE OPTION 1,
AND OPTION 2 AT 2023 DOLLARS OF 2M OR 4M. KEEPING THE AEA (2018) GRANT IN HAND FOR THE
PROJECT.
ANDY BAKER/YCE GAVE SOME TIMELINE HISTORY: FINAL DESIGN 2020, COST ESTIMATES ARE 2020
NUMBERS. USING A 5% INCREASE BRINGS THE 2-BLDG OPTION 1 TO 1.6M (2M), 4-BLDG, OPTION 2,
3.6M (4M). EARLIEST THE PROJECT CAN BE STARTED IS FALL 2023. THE AEA GRANT -2018, NEEDS TO BE
RENEWED EVERY 3 MONTHS BY THE CITY OF SEWARD TO KEEP.
IDENTIFICATION OF THE GRANTING OPPORTUNITIES IS ONLY ONE AREA OF THE NEED, THE NEED TO BE
ABLE TO PROFFESSIONALLY WRITE THE APPLICATION FOR THE PROJECT TO BE QUALIFIED FOR THE
GRANT, BUT ALSO BE ABLE TO SPEAK TO AND DEFEND THE GRANT ASK TO AGENCIES.
GENERAL CONCENSUS IS TO HAVE YCE INVOLVED WITH THE PROCESS, BE INVITED TO THE MEETINGS
WITH THE AGENCIES AS GRANTS ARE IDENTIFIED.
MOTION: SCHAEFERMEYER 2ND: LINVILLE -PASSED UNANIMOUSLY
REQUEST ASSISTANCE IN THE GRANT APPLICATIONS, AS THEY BECOME IDENTIFIED, AND FOR
ENGENEERING OVERSIGHT DURING THE GRANT PROCESS.
MEETING ADJOURNED 2:20PM
NEXT MEETING: MAY 19T", 1PM, SAME LOCATION/FIRE HALL
CITY OF SEWARD - PACCAB APPOINTED -AD HOC COMMITTEE
MINUTES BY: MARY TOUGAS - RECORDER
fCl.7
Sponsored by: Ho%vcr
Postponed: March 14, 202
CITY OF SEWARD, ALASKA
RESOLUTION 2022-038
A RE SOLL`I"ION' OF THE CITY COUNCIL OFT[ I E CITI' OF SEWARD,
ALASKA, DIRECTING PACAB TO CREATE AND LEAD AN AD HOC
CONI' IITT'EE OF INTERESTED CONENIUNITY MEMBERS TO
IDENTIF1' AVAILABLE FUNDING SOURCES TO CONTINUE THE
iGROIJNi) S0L`RCE!SI: W,XRD DISTRICT HE.A-I" S) STEM PROJECT TO
COMPLETION
WHEREAS, on N()VCllihcr -16, 2018, the City of Seward received a $725,000 grant from
the Alaska Energy ALithonly', (ALA) l�emewable Energy Fund to build the Ground
Sourcc`SQ.� -ard District Heat Systeni demonstration project via Resolution 2018-089; and
WHEREAS, this project was designed to provide primary heat for the City
Library/Museum and City Hall Annex, with options to include the City Hall and Fire Station; and
WHEREAS, the pr 'ect i�, sully ,ho cl ready for construction; and
WHERE:kS. the hcnetits to the community are broad and include Ion- I c rni economic and
environmental benefits; and
WHEREAS, the prolcet li�ls substantial merit, beyond a return on invc,tnient, by showing
the feasibility and hcnehts ol' usint7 >t;voihermai heat gencrated f oiii lZesun-L:ction Bay; and
WHEREAS. the projlcct has ,tailed ilne to a substariti;il incre.ise in the projected cost;
accordino to tlit: ,'IF.A in a letter rlattcl JLIne 21 -102(). (lic ori`T,intiiI cost cstinialc tier the lin jcct �l as
$882,497, but rose sub,mntlalk to `,,-4.00(J,Q 4 miler Lin lndependeni cost C'�tlmate was COMILlCted;
and
WHEREAS, funding sources from Federal Grants and private contributions are likely
available; and
WHEREAS, prolcct costs cmi best be controlled by timely and creative approaches; and
WIIEREAS, on 1='Lhruary 10 ?l),n l'AC A13 a})1.11-0VCd JZVS0 luti0I1'f1??-llfr } to request that
council direct PACAB to create :i coniillittec to rc ciirch funding opportunities for (Isis project.
NOW, THERE F[_ RL', ITf: I TRESf LVED B)' TI1E CITY COUNCIL OFTHE CITY
OF SEWARD, ALASI A that.
Section 1. The City Council herby directs the Port & Commerce Advisory Board
(PACAB) to create a seven member ad hoc committee of knowledgeable interested citizens to
CITY OF SEWARD, ALASKA
RESOLUTION 2022-038
identify and recommend availablc sources of funds to complete the Ground Source/District Heat
System Project.
Section 2. Appointment to the ad hoc cC1mmitice will be �'la in .il)1?llcation 1)ro1:css that
]ncludes the clerk adN,crt1s1nL, flll' leticrs, of interest, presentations to the l'Ort & L'0111I11CI-C:L
Advisory Board. and appointment ley the PACAB Chair.
Section 3. PACAB will bring the recommendations of the ad hoc committee back to
council.
Section =t. The committee not commit or expend any funds in relation to this project
1N ithout cl_xunc11 s Crl1ress a Lidiorii_aa14.111.
Section -5. 'I'll IS ioil sh"Ill take cfl�ect 1111111ediate.ly 11pc,n �0ol)tiWn-
PASSED AND APPROV1`,D hr the City Council of'tlic City -ifScward. Alaska, this 29t'
day of March, 2022. .'
TOE C I;fi�' ()F_S#1v;CR17;`iLASKA
risty Term Mayor
AYES:
Calhoon, Casagranda, Wells, McClure, Osenga, Terry
NOES:
None
ABSENT:
DeMoss
ABSTAIN;
None
ATTEST:
V�
renda J. Bal ou, MMC
City Clerk
* �tiwtrr►e�r
(C1t}���E S fig,
�Nr4 T►xrQS��
ti
• SEAL :
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WIN
City Council Agenda Statement
Meeting Date: March 14, 2022
To: City Council
From: Port and Commerce Advisory Board
Agenda Item: Resolution 2022-038: Directing PACAB to Create and Lead An Ad Hoc
Committee of Interested Community Members to Identify Available Funding
Sources to Continue the Ground Source/Seward District Heat System Project
to Completion
Background and justification:
On November 26, 2018, the City of Seward received a $725,000 grant from the Alaska Energy
Authority's (AEA) Renewable Energy Fund to build the Ground Source/Seward District Heat System
demonstration project via Resolution 2018-089. This project has been placed on the 2022-2027 City
of Seward Capital Improvement Plan list and is awaiting additional funding. The project was
designed to provide primary heat for the City Library/Museum and City Hall Annex, with options to
include the City Hall and Fire Station.
The project has stalled due to a substantial increase in the projected cost; according to the AEA in a
letter dated June 23, 2020, the original cost estimate for the project was $882,497, but rose
substantially to $3,600,934 after an independent cost estimate was conducted. On February 16,
2022, PACAB approved Resolution 2022-004 to request that council direct PACAB to create a
committee to research funding opportunities for this project.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive 3.1.1.2 Continue to support efforts to develop alternative energy sources.
Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (v):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
Funds are (v ):
Budgeted Line item(s):
Not budgeted
x Not applicable
148
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund {�'}:
General SMIC Electric Wastewater
Boat Harbor Parking HWater HHealthcare
Motor Pool Other
Unassigned Fund Balance*: $
Available Unrestricted Cash Balance*: $
Finance Signature:
*unaudited numbers
Attorney Reviewer Administration Recommendation
FX
Yes x Adopt Resolution
Not applicable Other:
`«
CITY OF SEWARD, ALASKA Sponsored by: Bridges
RESOLUTION 2018-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT ALASKA
ENERGY AUTHORITY GRANT #7091242 IN THE AMOUNT OF S725,000
FOR THE DESIGN AND CONSTRUCTION OF A GROUND SOURCE HEAT
PUMP WHICH WILL DRAW HEAT FROM THE RESURRECTION BAY TO
HEAT A HEATING DISTRICT CONTAINING FOUR CITY BUILDINGS,
WITH POTENTIAL FOR FUTURE EXPANSION AND AUTHORIZING A
CITY MATCH OF S157,497 FOR A TOTAL PROJECT COST OF $882,497
AND APPROPRIATING FUNDS
WHEREAS, the City of Seward funded a testing well to determine if the Resurrection Bay
would be a viable natural sustainable resource utilizing geothermal tecltnology: and
WHEREAS, the results from the testing well showed that a geothermal heat loop system
project would be successful; and
WHEREAS, Resolution 2U18-006 adopted the Port and Commerce Advisory Board
priorities which lays out the need to explore energy alternatives which includes geothermal
technology; and
WHEREAS, the A i.t:; J.:, i s i fe Center has experienced tremendous success in saving
money utilizing geothermai licati t istems: and
WHEREAS, the City has successful ly lobbied for a state pass -through grata in the amount of
$725.000 for a district heat project; and
WHEREAS, the heat loop system will supplement the existing bvilerheating system in four
municipal buildings up to 80%, representing an estimated annual fuel cost savings of $25,000: and
WHEREAS, the grant requires a community match of $157,497 which includes in -kind
contributions. cash contributions and already spent fiends on the original testing well.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD. ALASKA that.
Section 1. The City Manager is hereby authorized to accept grant #7091 "?42 from the Alaska.
Energy Authority in the amount of $725,000 for the purpose of design and construction of a ground
source heat pump and district heat system for four municipal buildings. The project period for this
grant is September 1. 2018 to December 31. 2019.
150
CITY OF SEWARD, ALASKA
RESOLUTION 2018-089
Section 2. Funding in the amount not to exceed $157.497 is appropriated from the Capital
Acgtli4itiOn fund as the City's match for the grant. Funds totaling $882,497 are appropriated as
follo-,N, �" 1 57.497 from account no. 8001-0-3710-80040 and $725,000 from the State grant funds
acco i ii 1 k Si)! 41-0-4252 for a total amount of $882,497 to heat loop project accounts 80040-0-
7001) o ,1--� _,_-1 4 7) and 80041-0-7009 ($725,000).
Section 3. This resolution shall take effect iwniodiatek. +tron apprnval.
PASSED AND APPROVED by the City Council of' th,,• is 'ito. � I Ala-,k:i- this 26sh
day of November, 2018,
THE CITY OF SEWARD, ALASKA
David Squires, Mayor
AYES: Squires, McClure, Towsley, Horn. Seese, Osenga. Lane
NOES:
ABSENT -
ABSTAIN:
ATTEST:
Brenda J.1s'il1,,u.
MC
City Clerk
r ,, y C ,` � y Clerk
(City Seal)
` .%t1{ltler"g
AZ
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SEAL �
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Agenda Statement
Meeting Date: November 26, 2018
To: City Council
From: Jeff Bridges, Interim City Manager
Agenda Item: Authorizing the City Manager to accept Alaska Energy
Authority grant 47091242 in the amount of $725,000 for
the design and construction of aground source heat pump which will draw heat from
the Resurrection Bay to heat a heating district containing four City buildings, with
potential for future expansion and authorizing a City match of $157,497 for a total
project cost of S882,497 and appropriating funds.
BACKGROUND & JUSTIFICATION:
In 2015, the City spent $24,999 to drill a test well on the waterfront to detersnine if the City could
take advantage of geothermal technology by utilizing heat from the Resurrection Bay. The test results
were favorable and State of Alaska has awarded a grant in the amount of S725,000 for a district heat
project. This grant, along with a $15?,497 City match will be used for the design and construction of
a heating district that will supplement the boiler heating systems in the Library/Museum, City Hall
Annex, City Hall and Fire Hall. Estimated fuel savings cost for this project is $25,000 per year.
The Alaska Sea -Life Center has experienced tremendous success with their heat loop system and the
City wishes to utilize newer, advanced technologies that will significantly reduce the cost of heating
our City facilities.
The City match includes cash, in -kind and previously spent funds. The City will make every effort to
aid in the completion of this project with utilizing the maximum amount of in -kind contributions as
possible. This will help reduce the overall impact to the Capital Acquisition fund.
INTENT:
Authorizing the City Manager to accept the terms and conditions of the grant agreement and secure
grant funding in the amount of $725,000 from the Alaska Energy Authority. Accepting the
responsibility to operate and maintain the heat district loop system and appropriate funds for the
City's match.
CONSISTENCY CHECKLIST:
1. Comprehensive Plan 3.1.1.7. Continue to explore economic renewable energy projects
2. Comprehensive Plan 3.7.1.7: Encourage the development of cost efficient options for
renewable energy production in Seward.
FISCAL NOTE:
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
IMl
RECOMMENDATION: City Council Approve Resolution 2018-089 authorizing the City Manager
to accept the terms and conditions of the grant agreement, accept responsibility to operate and
maintain the proposed district heat system, enter into a grant agreement with the Alaska Energy
Authority and accept the total award amount of $725,000 as well as authorizing $ 157,497 in match
funding and appropriate funds.
153
Alaska Energy Authority
Grant Agreement
A4,LASKA
EtlJERGY
^uTH(DRNT-Y
Grant Agreement Number
CFDA Number
Amount of Funds:
AEA use only
7091242
1 NIA
$ 725,000
Managed Pass-thru
Project Code(s)
::ERE91242
Proposal Number:
Period of Performance:
407109
From: September 01, 2018 To: December 31, 2019
Project Title:
Heat Pump System for City of Seward
Grantee
Grantor
Name
Alaska Energy Authority
City of Seward
Street/PO Box
Street/PO Box
PO Box 167
813 W. Northern Lights Blvd
City/State/Zip
City/State/Zip
Seward, AK 99664
Anchorage, AK 99503
Contact Person
Contact Person
Brennan Hickok
Dan Smith, Project Manager
Phone:
Fax:
E-mail:
Phone:
Fax:
E-mail:
907-224-4020
9Q7-224-4038
bhickok@6tycfseward.net
907-771-3983
907-771-3044
dsmith@akenergyauthority.org
AGREEMENT
The Alaska Energy Authority (hereinafter `Authority') and City of Seward (hereinafter 'Grantee'), agree as set
forth herein.
Section I. The Authority shall grant funds to pay_ for expenses incurred by the Grantee under the terms and
conditions of this Agreement, in an amount not to exceed $ 725,000, unless the grant amount is amended as
provided herein.
Section II. The Grantee shall apply the grant funds
to the Project and perform all of the work and other
obligations required by this Agreement.
Section III. Performance under this agreement begins
September 01, 2018 and shall be completed no later
than December 31, 2019,
Section IV. The agreement consists of this page and
the following:
Appendices Attachments/Forms
Appendix A: General Provisions
Attachment 1: Financial ReportlRequest for
Appendix B: Standard Provisions
Reimbursement Form
Appendix C: Grantee Proposal/Scope of
Attachment 2: Progress Report Form
Work
Attachment 3: Notice of Project Closeout
Appendix D: Project Management &
Attachment 4: Notice of Substantial Completion
Reporting Requirements
Attachment 5: Grantee Certification
Appendix E: Project Budget &
Attachment 6: Advance Request Form
Reimbursement Provisions
Attachment 7: Grant Documents Authorized Signers
Form
AMENDMENTS: Any amendments to this
Agreement must be signed by authorized
representatives of Grantee and the Authority
and should be listed here.
Grantee
Authority
Executive Director or
Project Manager
Designee
Signature Date
Signature
Date
Signature Date
Brennan Hickok,
Dan Smith,
Janet Reiser.
Assistant City Manager
Project Manager
Executive Director
154
Heat Pump System for City of Seward
Grant Agreement #7091242
Table of Contents
Grant No. 7091242
AGREE -A ENT...................................................................................................................................................... I
APPENDIX A GENERAL PROVISIONS.............................................................................................................4
1.
DEFINITIONS.................................................................................................................................................4
2.
INDEMNIFICATION......................................................................_.................................................................4
3.
INFORMATION TECHNOLOGY RISKS AND WARRANTIES...............................................................................4
4.
WORKERS' COMPENSATION INSURANCE......................................................................................................5
5.
INSURANCE...................................................................................................................................................
5
6.
EQUAL EMPLOYMENT OPPORTUNITY (EEO).............................._.................................................................5
7.
PUBLIC P11RPOSES......................................................................_.................................................................5
&
OFFICIALS NOT T-O BENEFIT.........................................................................................................................6
9.
Govi IRNING LAW.........................................................................................................................................6
10.
COMPLIANCF WITH APPLICABLE LAW AND F17NDING SOURCE REQUIREMENTS...........................................6
H.
SFVFRAEILIrY..............................................................................................................................................6
12.
NON-WAIVER................................................................................................................................................6
13.
Ih rFGRATION...............................................................................................................................................6
14.
GRAN-1 EF NOT AGENT OF AUTHORITY.........................................................................................................6
15.
DIsPU i-Fs......................................................................................................................................................6
16.
TfRMINA"IION....... ................ ................ ____ ....... ................ ......... ....... ..... ............. __...
....... ................ ........6
17.
TERMINATION DUE. TO LACK OF FUNDING...................................................................................................7
18.
NO ASSIGNMENT OR DELEGATION...............................................................................................................8
19.
NO THIRD PARTY BENEFICIARIES.................................................................................................................8
20.
NO ADDITIONAL WORK OR MATERIAL........................................................................................................8
21.
CHANGES......................................................................................................................................................8
22.
RIGHT TO WITHHOLD FUNDS........................................................................................................................8
23.
REMISSION OF UNEXPENDED FUNDS............................................................................................................8
24.
TAX COMPLIANCE RESPONSIBILITIES OF GRANTEE......................................................................................8
25.
LOBBYING ACTIVITIES.................................................................................................................................8
26.
FINANCIAL MANAGEMENT AND ACCOUNTING.............................................................................................9
27.
PROCUREMENT STANDARDS.........................................................................................................................9
28.
REPORTING REQUIREMENTS.........................................................................................................................9
29.
OWNERSHIP OF DOCUMENTS AND PRODUCTS...............................................................................................9
30.
INSPECTIONS AND RETFNTION OF RECORDS.................................................................................................9
31.
Atimis.......................................................................................................................................
...................
32.
LFGAI. Au I HORITY........................................................ ....................................................................10
...
.....
33.
GRANT CLOSEOUT......................................................................_...............................................................10
APPENDIX B STANDARD PROVISIONS.........................................................................................................II
I.
GRAN-i FUNDING SO[ ;RCES.........................................................................................................................11
2.
GOVERNING LAWS.....................................................................................................................................1
l
3.
DoCUMENTATION AND RECORD KEEPING..................................................................................................11
4.
ELIGIBLE COSTS.........................................................................................................................................11
5.
INSURANCE REQUIREMEN7`S.......................................................................................................................11
6.
PROCUREMENT AND SUSPENSION AND DEBARMENT ..... ......... ........... ..... ................ .............................
...... .12
7.
DECLARATION OF PUBLIC BENEFIT............................................................................................................13
8.
GRANTEE PROJECT MANAGER....................................................................................................................13
9.
APPROVAL TO PROCEED WITH NEXT PHASE ...............................................................................................13
10.
CONTRACTS FOR ENGINEERING SERVICES..................................................................................................13
11.
SITE CONTROL............................................................................................................................................13
12.
PERMITS.....................................................................................................................................................14
Page 2 of 34
155
Heat Pump System for City of Seward
Grant Agreement #7091242
13. EXCLUSION OF EXISTING ENVIRONMENTAL HAZARDS...............................................................................14
14. ENVIRONMENTAL STANDARDS...................................................................................................................14
15. CURRENT PREVAILING RATES OF WAGE AND EMPLOYMENT PREFERENCE................................................14
16. CONSTRl V HON PLANS AND SPECIFICATIONS REVIEW...............................................................................15
17. CONSTRIX LION 11SURANCE AND BONDING............................................................................................... 15
18. OWNERSHIP OF FACILITIES .........................................................................................................................15
19. ON IR,ATION ANI) MAINTF:NANCF OF FACILITIES......................................................................................... 15
20. PERFORMANCE/OPERATION AND MAINTENANCE (0&M) REPORTING.......................................................16
21. TAR]FFS & RATERS FOR USE GF GRANT -FUNDED ASSETS............................................................................16
22. GRAN-1 -FUNDED ASSETS NoT INC].UDED WITH PCE..................................................................................16
23. SUBS IAN-1 IAL COMPLETION OF PROJECI'....................................................................................I...............16
24. FoRCE ACCOUNT PAYROLL AND PROJECT COORDINATION........................................................................17
APPENDIX C GRANTEE PROPOSAL/SCOPE OF WORK............................................................................17
APPENDIX D PROJECT MANAGEMENT & REPORTING REQUIREMENTS........................................20
1. PROJECT MANAGEMENT.............................................................................................................................20
2. CONTACT PERSONS....................................................................................................................................20
3. MONTHLY PROGRESS AND FINANCIAL REPORTS........................................................................................20
APPENDIX E PROJECT BUDGET & REIMBURSEMENT PROVISIONS...................................................21
1. ALLOWABLE COSTS. .............. ................................................................................... ................................
21
a. Direct Labor c& Benefits...........................................................................................................................21
h. Travel, Meals, or Per Dieni......................................................................................................................
21
C. pipineni.................................................................................................................................................21
......
d. Supplies............. .................... .............................................................................................................21
e. Conlraciiial servrces.................................................................................................................................21
f. Consirarclion Services...............................................................................................................................22
gOther Direct Costs....................................................................................................................................22
2. SPECIFIC EXPENDITURES NOT ALLOWED....................................................................................................22
3. MATCH.......................................................................................................................................................22
4. COST SHARE MATCH REQUIREMENTS........................................................................................................23
5. VALUING IN -KIND SUPPORT AS MATCH.....................................................................................................23
6. GRANT DISBURSEMENTS............................................................................................................................24
7. W ITI HOLDING OF GRANT FUNDS...............................................................................................................24
8. ADVANCE DISBURSEMENTS........................................................................................................................24
9. UNEXPENDED GRANT FUNDS AND INTEREST EARNED...............................................................................25
10. BUDGET ADJUSTMENTS AND CHANGES......................................................................................................25
ATTACHMENT I FINANCIAL REPORT/REQUEST FOR REIMBURSEMENT FORM
..........................26
ATTACHMENT 2 PROGRESS REPORT FORM.............................................................................................27
ATTACHMENT 3 NOTICE OF PROJECT AND GRANT CLOSEOUT........................................................28
ATTACHMENT 4 NOTICE OF SUBSTANTIAL COMPLETION.................................................................29
ATTACHMENT 5 GRANTEE CERTIFICATION............................................................................................30
ATTACHMENT 6 ADVANCE REQUEST FORM............................................................................................33
ATTACHMENT 9 GRANT DOCUMENTS AUTHORIZED SIGNERS FORM............................................34
Page 3 of 34
156
Heat Pump System for City of Seward
Grant Agreement #7091242
APPENDIX A GENERAL PROVISIONS
T. Definitions
In this Grant Agreement, attachments and amendments:
a) "Authority" means the Alaska Energy Authority, a public corporation of the State of
Alaska.
b) "Authority Project Manager" means the employee of the Authority responsible for
assisting the Grantee with technical aspects of the Project and is one of the Grantor's
contacts for the Grantee during all phases of the Project.
c) "Authorized Representatives" means those individuals or entities authorized by an entity
to act on its behalf, with delegated authority sufficient to accomplish the purposes for
which action is needed.
d) "Economic Life" means 20 years from the date of the final disbursement.
e) "Executive Director' means the Executive Director of the Authority or the Executive
Director's authorized representative.
f) "Grantee Project Manager" means the person designated to fulfill the obligations arising
under Appendix B1, item #2.
g) "Matching Contributions" means the cash, loan proceeds, in -kind labor, equipment, land,
❑ther goods, materials, or services a Grantee provides to satisfy any match
requirements of a grant or to complete the Project.
h) "Project" means Heat Pump System for City of Seward as defined in Appendix C (Scope
of Grant) for which funds have been made available.
i) "State" means the State of Alaska.
2. Indemnification
As a condition of this Grant, the Grantee shall indemnify, hold harmless, and defend the
Authority and the State of Alaska from and against any claim of, or liability for, error, omission or
negligent act of the Grantee arising out of, or in any way connected with, this Grant Agreement
or the project for which the Grant is made. The Grantee shall not be required to indemnify the
Authority or State of Alaska for a claim of, or liability for, the independent negligence of the
Authority or State of Alaska agency. If there is a claim of, or liability for, the joint negligent error
or omission of the Grantee and the independent negligence of the Authority or State of Alaska,
the indemnification and hold harmless obligation shall be apportioned on a comparative fault
basis. "Grantee" and "Authority" and "State of Alaska," as used within this section, include the
employees, agents and other contractors who are directly responsible, respectively, to each.
The term `independent negligence" is negligence other than in the Authority's or State of
Alaska's selection, administration, monitoring, or controlling of the Grantee and in approving or
accepting the Grantee's work.
3. Information Technology Risks and Warranties
Neither the Authority nor the State of Alaska makes any warranty, express or implied or
assumes any legal liability ❑r responsibility for the Grantee's use of the software, equipment or
other related services provided by this grant or included in the project for which the grant is
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made. The Grantee understands that although the Authority may procure software services or
equipment on behalf of the grantee, the use of this software, equipment or other related
services is at the Grantee's own risk. The Grantee bears the entire risk of using these services,
such as any damages or liabilities resulting from a cyber-attack or computer virus on its own
computers, communication systems and networks.
The Grantee acknowledges that computer, communications systems and networks are not fault -
free and occasional periods of downtime occur. The Authority and the State of Alaska do not
guarantee these services will be uninterrupted, timely, secure or error -free.
4. Workers' Compensation Insurance
The Grantee shall provide and maintain Workers' Compensation Insurance as required by AS
23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall
require any contractor to provide and maintain Workers' Compensation Insurance for its
employees as required by AS 23.M
5. Insurance
The Grantee is responsible for obtaining and maintaining any necessary insurance and
endorsements as defined in Appendix B Standard Provisions
6. Equal Employment Opportunity (EEO)
The Grantee may not discriminate against any employee or applicant for employment because
of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in
marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place,
available to employees and applicants for employment, a notice setting out the provisions of this
paragraph.
The Grantee shall state in all solicitations or advertisements for employees to work on Authority
funded projects, that it is an Equal Opportunity Employer (EEO) and that all qualified
applications will receive consideration for employment without regard to race, religion, color,
national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy
or parenthood.
The Grantee shall include the provisions of this EEO article in every contract relating to this
Grant Agreement and shall require the inclusion of these provisions in every agreement entered
into by any of its contractors, so that those provisions will be binding upon each contractor and
subcontractor.
7. Public Purposes
The Grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to
public purposes and any project constructed or equipment or facilities acquired, shall be owned
and operated for the benefit of the general public. The Grantee shall spend monies
appropriated under this grant only for the purposes specified in the Grant Agreement. The
benefits of the Project shall be made available without regard to race, religion, color, national
origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or
parenthood.
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8. Officials Not to Benefit
No member of or delegate to Congress or the Legislature, or officials or employees of the
Authority or Federal government may share any part of this agreement or any benefit to arise
from it.
9. Governing Law
This Grant Agreement is governed by the laws of the State of Alaska. Any civil action arising
from this Agreement shall be brought in the Superior Court for the Third Judicial District of the
State of Alaska at Anchorage.
10. Compliance with Applicable Law and Funding Source Requirements
The Grantee shall comply with all applicable local, state and federal statutes, regulations,
ordinances and codes, whether or not specifically mentioned herein. Refer to Appendix B
Standard for more specific requirements.
11. Severability
If any section, paragraph, clause or provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall be unaffected and enforced to the fullest extent possible,
and the invalid or unenforceable provision shall be deemed replaced with a valid and
enforceable provision that is as similar as possible to such invalid or unenforceable provision.
12. Non -waiver
The failure of either party at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision. nor in any way affect the validity of this Agreement, or any
part hereof, or the right of such party thereafter to enforce each and every provision hereof.
13. Integration
This instrument and all appendices, amendments, attachments, Request for Applications dated
July 8, 2015 and the Application dated September 15, 2015 hereto embody the entire
Agreement of the parties concerning the grant funds granted hereunder. There are no
promises, terms, conditions, or obligations regarding said funds other than those contained in
the documents described above; and such documents shall supersede all previous
communications, representations or agreements, either oral or written, between the parties
hereto. To the extent there is any conflict between the provisions of Appendix A and B and the
Grantee's application or proposal, the provisions of Appendix A and B prevail.
14. Grantee Not Agent of Authority
The Grantee and any agents and employees of the Grantee act in an independent capacity and
are not officers or employees or agents of the Authority in the performance of this Grant
Agreement.
15. Disputes
Any dispute arising under this Grant Agreement which is not disposed of by mutual agreement
must be dealt with in accordance with 3 AAC 108.915.
16. Termination
a7 The Grantee shall have no rights to compensation or damages for termination except as
provided in this Section.
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b) In addition to all other rights available under law, the Authority may terminate this
Agreement or stop work on the Project for the convenience of the Authority or for cause
upon ten (10) days written notice.
c) "Cause" for termination shall exist when the Grantee has failed to perform under this
Agreement, has been stagnant on progression of the project for 2 years, has provided
incorrect or misleading information or has failed to provide information which would have
influenced the Authority's actions. In order for termination to be for cause, the Grantee's
failure to perform or the Grantee's provision of incorrect, misleading, or omitted
information must be material.
d) If this Agreement is terminated for cause, the Grantee shall be entitled to no
compensation. The Grantee shall reimburse the Authority for all grant funds expended
under this Agreement by the Grantee or on the Grantee's behalf including interest
accrued from the date of disbursement. The Grantee shall also reimburse the Authority
for any costs incurred to collect funds subject to reimbursement, and for any damages
incurred by the Authority as a result of the Grantee's failure to perform or provision of
incorrect or misleading information. The Authority may require the Grantee to return to
the Authority some or all of the Project assets and the fair market value of the returned
Project assets will be applied to reduce the amount of reimbursement the Grantee owes
the Authority under this subsection d.
e) If this Agreement is terminated at the sole request of the Authority for the sole reason of
its convenience, the Grantee is not required to reimburse the Authority for funds
expended prior to the date of termination. if the Grantee has incurred costs under this
agreement, the Grantee shall only be reimbursed by the Authority for eligible costs the
Grantee incurred prior to the date of termination of the Agreement. However, prior to
making any claim or demand for such reimbursement, the Grantee shall use its best
effort to reduce the amount of such reimbursement through any means legally available
to it. The Authority's reimbursement to the Grantee shall be limited to the encumbered,
unexpended amount of funds available under this Agreement.
f) If the basis for the termination of the Agreement or stop work under Section 15(b) is
capable of being cured, the Authority shall provide the Grantee thirty (30) days from the
date the termination or stop work becomes effective for the Grantee to cure the basis for
the termination or stop work. If the Grantee cannot reasonably cure the basis for the
termination or stop work within this thirty (30) day period, but the Grantee promptly
undertakes and diligently pursues such cure, the cure period shall be extended to sixty
(60) days. The Authority may further extend the cure period if the Grantee demonstrates
that it is prohibited from curing the basis for termination or stop work by any process,
stay or injunction issued by any governmental authority or pursuant to any bankruptcy or
insolvency proceedings. If the Grantee cures the basis for the stop work, the stop work
will be lifted. Until the Agreement is reinstated or stop work lifted, the Authority may not
disburse any amount under this Agreement to the Grantee except as otherwise
specifically provided in this section.
17. Termination Due to Lack of Funding
In the event funding from the Authority, federal or other sources is withdrawn, reduced, or
limited in any way after the effective date of this agreement and prior to normal completion, the
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Authority may terminate the agreement, reduce funding, or re -negotiate subject to those new
funding conditions.
18. No Assignment or Delegation
The Grantee may not assign or delegate this Grant Agreement, or any part of it, or any right to
any of the money to be paid under it, except with the written consent of the Executive Director or
❑esignee.
19. No Third Party Beneficiaries
Except as otherwise specified in this agreement, no person is a third party beneficiary of this
Agreement and this Agreement creates no third party rights. Specifically, any person who is not
a party to this Agreement shall be precluded from bringing any action asserting the liability of a
party or asserting any right against a party to this Agreement, through the terms of this
Agreement. No person, other than a party to this Agreement, may bring any action based upon
this Agreement for personal injuries, property damages, ❑r otherwise.
20. No Additional Work or Material
No claims will be allowed for additional work, materials, ❑r equipment, not specifically authorized
in this Grant Agreement, which are performed or furnished by the Grantee.
21. Changes
Any changes which have been agreed to by both parties will be attached and made a part of
this Grant Agreement by use of a written Amendment. Any such Amendment must be dated
and signed by Authorized Representatives of the Authority and the Grantee.
22. Right to Withhold Funds
The Authority may withhold payments under this Grant Agreement for non-compliance with any
of the provisions of this Grant Agreement.
23. Remission of Unexpended Funds
The Grantee shall return all unexpended grant monies to the Authority within 90 days of the
Project completion.
24. Tax Compliance Responsibilities of Grantee
The Grantee is responsible for determining applicable federal, state, and local tax requirements,
for complying with all applicable tax requirements, and for paying all applicable taxes. The
Authority may issue an IRS Form 1099 for Grant payments made. The Grantee shall pay all
federal, state and local taxes incurred by the Grantee and shall require the payment of all
applicable taxes by any contractor or any other persons in the performance of this Grant
Agreement.
25. Lobbying Activities
In accepting these funds, the Grantee agrees and assures that none of the funds will be used
for the purpose of lobbying activities before the United States Congress or Alaska Legislature.
No portion of these funds may be used for lobbying or propaganda purposes as prohibited in AS
37.05.321. 18 U.S.C. 1913, 31 U.S.C. 1352, or other laws as applicable.
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26. Financial Management and Accounting
The Grantee shall establish and maintain a financial management and accounting system that
conforms to generally accepted accounting principles. In addition, the accounting system must
keep separate all grant funds awarded under this grant agreement.
27. Procurement Standards
Grantees will follow competitive purchasing procedures that: 1) provide reasonable competitive
vendor selection for small dollar procurements; 2) provide for competitive bids or requests for
proposals for contracts and procurements greater than $100,000; 3) provide a justification
process for non-competitive procurements or contracts; 4) document the source selection
methods used for all contracts, equipment, or material transactions greater than $10,000.
Grantees who have questions about their procurement procedures or a specific procurement
should contact the Authority's Grant Manager.
28. Reporting Requirements
The Grantee shall submit progress reports to the Authority according to the schedule
established in Appendix D of this Grant Agreement.
29. Ownership of Documents and Products
Except as otherwise specifically agreed, all designs, drawings, specifications, notes, artwork,
computer programs, reports and other work developed with grant funds in the performance of
this agreement are public domain and may be used by the Authority and/or public without notice
or compensation to the Grantee. The Grantee agrees not to assert any rights and not to
establish any claim under the design patent or copyright laws. Except as otherwise specifically
agreed, and without limiting any Intellectual Property requirements of a federal funding agency,
the Authority shall have unlimited rights to use and to disseminate any data produced or
delivered sn the performance of the contract. For purposes of clarity, nothing in this section
precludes Grantee from using any document or product with respect to the Project or other
Grantee uses.
30. Inspections and Retention of Records
The Grantee shall keep a file for financial, progress and other records relating to the
performance of the grant agreement. The file must be retained for a period of four years from
the fully executed close out of the grant agreement or until final resolution of any audit findings
claim or litigation related to the grant. The Authority may inspect, in the manner and at
reasonable times it considers appropriate, records and activities under this Grant Agreement.
31. Audits
This Grant Agreement is subject to 2 AAC 45.010 single audit regulations for State Grants. The
Grantee must comply with all provisions ❑f 2 AAC 45.010 and any additional audit requirements
outlined in Appendix D.
Commercial (for -profit) entities shall obtain an audit by an independent auditing firm similar to a
program audit prepared under 2 CFR 200. The auditee and auditor shall have basically the
same responsibilities for the federal or state program as they would have for an audit of a major
program in a single audit. The expenditure threshold is $750,000 in the commercial entity's
fiscal year.
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32. Legal Authority
The Grantee certifies that it possesses legal authority to accept grant funds from the State of
Alaska and to execute the Project described in this Grant Agreement by signing the Grant
Agreement document. The Grantee's relation to the Authority and the State of Alaska shall be
at all times as an independent Grantee.
33. Grant Closeout
Upon completion of all work and expenditure of all grant funds related to the Project the
Authority will provide written notice to the Grantee that the Grant will be closed. The Grantee
shall sign the Notice of Project. Closeout within 30 days after it is delivered by the Authority. The
Grant will be considered closed upcn receipt of the signed Notice of Project Closeout.
The Grant will be administratively closed if the Grantee fails to return the Notice of Project
Closeout within 30 days after it is delivered by the Authority. If the Grantee has a valid reason
for the Grant to remain open, they must contact the Authority in writing within 30 days.
No additional reimbursements will be made to the Grantee after the grant is closed out.
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Appendix B Standard Provisions
T. Grant Funding Sources
This Grant is subject to appropriation and availability of funds as listed below:
State of Alaska $ 725,000 SLA 2018, Ch. 19, Sec. 1, Pg, 2-3, Ln. 3-15, 23-31
Community Match $ 157,497 City of Seward
Total Funding 5 882,497
Grantee acknowledges that if additional grant funds are made available they are subject to the
terms and conditions of this Agreement and any amendment.
2. Governing Laws
The Grantee shall perform all aspects of this Project in compliance with all applicable state,
federal and local laws.
3. Documentation and Record Keeping
The Grantee shall maintain the following in their files:
• Grant application;
• Grant agreement and any amendments;
• All written correspondence or copies of emails relating to the Grant;
■ Reports, including any consultant work products;
• A separate accounting of grant income and expenditures;
• Supporting documentation for the expenditures charged to the grant (including
supporting documentation for all required matching contributions).
The Authority and any authorized federal representative may inspect, in the manner and at any
reasonable time either considers appropriate, the Grantee's facilities, records, anc activities
funded by this Grant Agreement.
4. Eligible Costs
The Authority, as Grantor, shall have sole discretion to determine which project costs are
eligible to be paid from Grant monies under this agreement. Only direct costs of the Project are
eligible for payment or reimbursement from grant funds. Indirect costs are not allowed under this
grant unless approved by the Authority in Appendix E.
The eligible costs will be determined in accordance with 3 AAC 107.600 — 695 and the Request
for Applications dated July 8, 2015; which is incorporated by reference into this grant
agreement.
5. Insurance Requirements
The following insurance requirements are in effect for this Project. Grant funds may be used to
procure Project related insurance and the Authority will work with the Grantee to ensure that
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these requirements are met. Insurance will be obtained with an insurance carrier or carriers
covering injury to persons and property suffered by the State of Alaska, Alaska Energy Authority
or by a third party as a result of operations under this grant. The insurance shall provide
protection against injuries to all employees of the Project engaged in work under this grant. All
insurance policies shall be issued by insurers that (i) are authorized to transact the business of
insurance in the State of Alaska under AS 21 and (ii) have a Bests Rating of at least A-VII and
be required to notify the Authority, in writing, at least 30 days before cancellation of any
coverage or reduction in any limits of liability.
Where specific limits and coverage are shown, it is understood that they shall be the minimum
acceptable and shall not limit the Grantee's indemnity responsibility. However, costs for any
coverage in excess of specific limits of this agreement are the responsibility of the Grantee and
may not be charged to this grant agreement.
The following policies of insurance shall be maintained with the specified minimum coverage
and limits in force at all times during the performance work under this Project:
a. Workers' Compensation: as required by AS 23.30.045, for all employees engaged in
work under this Project. The coverage shall include:
Waiver of subrogation against the State and the Alaska Energy Authority and
Employer's Liability Protection at $500,000 each accident/each emp'oyee and
$500,000 policy limit;
b. Commercial General Liability: on an occurrence policy form covering all operations
under this Project with combined single limits not less than:
a. $1,000,000 Each Occurrence;
$1,000,000 Personal Injury;
$1,000,000 General Aggregate; and
$1,000,000 Products -completed Operations Aggregate.
The State of Alaska and Alaska Energy Authority shall be named as an Additional
insured.
c. Automobile Liability: covering all vehicles used in Project work, with combined single
limits no less than $1,000,000 each occurrence.
All of the above insurance coverage shall be considered to be primary and non-contributory to
any other insurance carried by the State of Alaska and Alaska Energy Authority, whether self-
insurance or otherwise.
The Authority's acceptance of deficient evidence of insurance does not constitute a waiver of
Grant requirements.
6. Procurement and Suspension and Debarment
When the Grantee enters into a transaction with an entity for the purchase of goods or services
that are expected to equal or exceed $25,000, or meet other special criteria as specified in 2
CFR section 180.220, the grantee is required to verify that the entity and its principals as
defined in 2 CFR section 180.995, are not suspended or debarred or otherwise excluded from
participating in the transaction. The Grantee must verify the eligibility of the entity and its
principals by one of the following: (1) checking the Excluded Parties List System (EPLS)
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maintained by the General Services Administration (GSA) (Note: EPLS is no longer a separate
system; however, the OMB guidance and agency implementing regulations still refer to it as
EPLS) and available at https://wwvv.sam.gov/portal/pubiic/SAM/), (2) collecting a certification
from the entity, or (3) adding a clause or condition to the covered transaction with that entity
stating it is not suspended or debarred from participating in the transaction (2 CFR section
180.300).
7. Declaration of Public Benefit
The parties acknowledge and agree that the Project shall be constructed, owned and operated
for the benefit of the general public and will not deny any person use and/or benefit of Project
facilities due to race, religion, color, national origin, age, physical handicap, sex, mar€tal status,
changes in marital status, pregnancy or parenthood.
8. Grantee Project Manager
For construction projects, the Grantee will contract or hire competent persons to manage all
phases of the Project. Work at a minimum will include; management of Grantee's labor for the
project, engineering firms and consultants, procurement, management of construction
contractors, selection of equipment, review of plans and specifications, on -site inspections and
review and approval of work, and other duties to ensure that the completed work conforms with
the requirements of the grant and the construction documents.
If the Grantee fails to provide adequate project management the Authority may terminate the
Grant or assume project management responsibilities with the concurrence of the Grantee.
Costs for a Grantee Project Manager must be reasonable to be considered an eligible grant
expense.
9. Approval to Proceed with Next Phase
A grant award may be for one or more phases of a project. The Grantee must achieve
substantial completion of work or of designated grant milestones and receive approval from the
Authority prior to proceeding to the next phase of work.
10. Contracts for Engineering Services
In the event the Grantee contracts for engineering services, the Grantee will require that the
engineering firm certify that it is authorized to do business in the State of Alaska and provide
proof of licensing and required professional liability insurance.
Unless otherwise agreed by the Authority, the insurance required by this section shall, at a
minimum, included professional liability insurance covering all errors, omissions or negligent
acts in the performance of professional services under this agreement, with limits required per
the following schedule:
Contract Amount
Under $ 100,000
$ 100,000-$ 499,999
$ 500,000-$ 999,999
$ 1,000,000 or over
11. Site Control
Minimum Required Limits
$ 300,000 per Occurrence/Annual Aggregate
$ 500,000 per Occurrence/Annual Aggregate
$ 1,000,000 per Occurrence/Annual Aggregate
Refer to Risk Management
If the grant Project involves the occupancy and use of real property, the Grantee assures that it
has the legal right to occupy and use such real property for the purposes of the grant, and
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further that there is legal access to such property. The Grantee is responsible for securing the
real property interests necessary for the construction and operation of the Project, through
ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the
Authority that it has secured these real property interests.
12. Permits
It is the responsibility of the Grantee to identify and ensure that all permits required for the
construction and operation of this Project by the Federal, State, or Local governments have
been obtained unless otherwise stated in Appendix C. These permits may include, but are not
limited to, Corps of Engineers, Environmental Protection Agency, Alaska Department of
Environmental Conservation, State Historic Preservation Office, State Fire Marshal, Alaska
Department of Natural Resources, Alaska Department of Fish and Game and Boroughs.
13. Exclusion of Existing Environmental Hazards
Grant funds for investigation, removal, decommissioning, or remediation of existing
environmental contamination or hazards, are not allowed unless specifically specified and
approved in Appendix C.
14. Environmental Standards
The Grantee will comply with applicable environmental standards, including without limitation
applicable laws for the prevention of pollution, management of hazardous waste, and evaluation
of environmental impacts.
15. Current Prevailing Rates of Wage and Employment Preference
To the extent required by federal and State law construction projects may require certain
Grantees to include the requirements for Davis Bacon and Little Davis Bacon when contracting
for construction services. This requires contractors to pay minimum rates of pay for specific
classes of workers and provide certified payrolls to the State Department of Labor. The current
wage rates can be found at the following web sites:
The Federal wage rates at http://www.wdol.clov/
The State wage rates at httr)://www.labor.state.ak.us/Iss/pamp600.htm
If federal funding sources require federal Davis Bacon compliance, the Grantee mus: use both
the Federal and State wage scale and the contractor is required to pay the higher of the State or
Federal wage scale. When only State Funds are used that requires "Little Davis Bacon," the
Grantee is only required to follow the State Rate schedule.
For projects that are only State funded, contractors are also required to use local residents
where they are available and qualified in accordance with AS 36.10.150-180, and 8 AAC 30.064
- 088.
The Grantee is responsible for identifying any other sources of project funds and for ensuring
compliance with applicable wage scales for all sources of project funding. If a Grantee believes
they or their contractors may be exempt from these requirements, they should contact the State
of Alaska Department of Labor and Workforce Development, Wage and Hour Administration, for
a determination and forward a copy of that determination to the Authority's Grant Administrator.
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16. Construction Plans and Specifications Review
Prior to public notice of bidding a construction project the Grantee will provide the plans and
specifications to the Authority for review. Concurrence that the plans and specifications are
consistent with the grant award must be received before grant funds will be released for
construction related costs.
17. Construction Insurance and Bonding
When the value of the construction is anticipated to be greater than $100,000, prior to beginning
construction on a project funded by this grant, the Grantee or Grantee's contractor(s) must
provide the Authority; either a payment and performance bond, as may be required by AS
36.25.010. a surety in form and substance acceptable to the Authority, or some other guarantee
or assurance acceptable to the Authority that the Grantee or the Grantee's contractor has the
capacity, qualifications, and financial resources necessary to complete construction of the
project as proposed in the grant or construction contract(s) funded by this grant. Post
Construction Certification.
Upon completion of construction, the Grantee will submit a final report that includes:
• Certification that all work is completed in accordance with the grant and all costs claimed
are eligible costs and represent work completed on the Project;
• summary of total project cost including detailed funding sources and any outstanding
debt;
• Certification that there is a release of any contractor or subcontractor liens on the
project;
• Identification of any outstanding construction issues;
• Demonstration that appropriate insurance is in place and,
• As -built drawings.
18. Ownership of Facilities
The Grantee shall assume all liabilities arising from the ownership and operation of the Project.
Grantee will not sell, transfer, encumber, or dispose of any of its interest in the facilities
constructed with this grant funding during the economic life of the project without prior written
approval cf the Authority.
19. Operation and Maintenance of Facilities
The Grantee is required to maintain and operate the facilities defined in Appendix C of this
agreement for the economic life of the facility or the specific period of time designated herein.
In the event that the Grantee is no longer operating the facilities for the intended purposes the
Authority may require the Grantee to reimburse the Authority an amount based on the total
contribution of the Authority, the value of the assets, and the terms and conditions of this
agreement. The Authority may require that the assets acquired under this agreement be sold
and the proceeds returned to the Authority.
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20. PerformancelOperation and Maintenance (O&M) Reporting
If the grant is for Project construction, the Grantee must provide the Authority with a
Performance/O&M Report annually for ten years after Project completion. The Performance/
O&M Report must include: (1) a detailed description of Project operations and maintenance
activities and issues; and (2) a detailed description of Project performance, including energy
output, estimated fuel savings resulting from the operation of the Project, and any other relevant
measures of Project performance reasonably requested by the Authority, a description of
repairs and modifications to the Project, and recommendations for improvements for similar
future projects.
The Authority may take into account the Grantee's failure to provide the required annual
Performance/O&M Report in evaluating future applications from the Grantee for grant funds.
The Authority encourages Grantees to provide annual Performance/O&M reports for the life of
the Project, and may consider the Grantee's voluntary submittal of annual Performance/O&M
reports beyond the first ten years :n evaluating future applications from the Grantee for grant
funds.
21. Tariffs & Rates for Use of Grant -Funded Assets
Rates for power provided as a result of generation or transmission facilities built with grant funds
may be subject to review and approval by the Regulatory Commission of Alaska (RCA), or if the
rates are not subject to RCA review and approval, they may be subject to review and approval
by the Authority to ensure reasonable and appropriate public benefit from the ownership and
operation of the Project.
As a condition of the grant, Independent Power Producers will agree to sell energy resources for
electricity and heat at a cost -based rate for the economic life of the project. The Authority will
hire an independent economist to provide guidance in developing a cost -based rate for electric
sales with an appropriate rate of return on equity.
The allowable cost -based rate represents the highest rate that the Independent Power Producer
will be allowed to charge. Because the cost -based rates are a grant condition, avoided costs
rates or Public Utility Regulations Policies Act (PURPA) rates will not apply for projects which
obtain grant funding.
Application for a Certification of Public Convenience and Necessity (CPCN) is also a grant
condition. RCA action related to the issuance of the CPCN must be completed prior to the
issuance of any construction grant funding.
22. Grant -funded Assets Not included with PCE
The Grantee agrees that it will not include the value of facilities, equipment, services, or other
benefits received under this grant as expenses under the Power Cost Equalization Program or
as expenses on which wholesale or retail rates or any other energy tariffs are based.
23. Substantial Completion of Project.
Upon substantial completion of the project, the Authority PM shall schedule a site inspection
with the general contractor, the designer of record, the grantee and the Authority. At this
inspection, a punchlist will be generated of outstanding items which must be completed prior to
grant completion. Upon completion of this inspection, the Authority will issue a Notice of
Substantial Completion (NOSC) and identify in this notice, the punchlist items which must be
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completed. When the Notice is issued, the Grantee assumes all responsibility associated with
operating and maintaining the Project, except as specifical�y provided otherwise herein or by
separate agreement executed by the Authority and the Grantee.
The Grantee may disagree with the substantial completion determination by providing written
notice to the Project Manager within 30 days after receipt of the Notice of Substantial
Completion. The Grantee's written objections disagreeing with the Notice of Substantial
Completion must detail the reasons the Grantee believes the Notice of Substantial Completion
should not be issued. Further the Grantee must explain what the Grantee expects should be
done so the Notice of Substantial Completion can be issued, and when the additional issues
identified can be completed or resolved. The Authority will follow-up within 60 days, letting the
Grantee know if the objections have been accepted, if the Notice of Substantial Completion
stands, or, if the Notice of Substantial Completion is modified.
Within 30 days of final disposition of the Notice of Substantial Completion, the Authority Project
Manager will issue a Certificate of Substantial Completion which will include an updated
punchlist (if one still exists) which will be signed by the general contractor and the Authority.
The date of this certificate shall be the completion date of the Project.
24. Force Account Payroll and Project Coordination
The Grantee will assist the Authority in obtaining qualified local labor for the Project and will
provide necessary local administration assistance, including recommending qualified local
personnel; assisting in obtaining necessary personnel information; assisting in obtaining
housing for nonresident workers; facilitating communications between the Authority, the
community and local employees; and serving as a liaison between the Authority and the
community.
Appendix C Grantee Proposal/Scope of work
This grant to the City of Seward (City) is for the design and construction of a Ground
Source Heat Pump (GSHP) which will draw heat from nearby Resurrection Bay to heat
a heating district containing four existing City buildings, with potential for future
expansion:
• Library - 24,323 ft2
• City Annex - 8,192 ft'
• City Hall - 20,532 ft2
• Fire Hall - 7,262 ft2
• (future) Adams Street Shower House - 800 ft2
A field of vertical boreholes will be drilled on City land adjacent to the water front; piping
will be used in these boreholes and charged with a heat transfer fluid in a closed system
to provide heat to the heating district.
High efficiency water to water heat pumps, one buffer tank, and loop pumps will be
installed in the existing mechanical rooms of the Library and City Hall. One buffer tank
will be installed in the Annex, and the Fire Hall. One existing heating oil boiler will
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remain in each building to serve as a backup boiler, these back-up boilers will be
integrated into the heating system of their respective buildings along with buffer/storage
tanks.
This system is estimated to provide at least 96% of the current heating loads of the
buildings, and to displace roughly 20,020 gallons of heating oil annually.
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Budqet:
Reimbursable
Grant
Match
Total
Start
End
Milestones
Tasks
Budget
Budget
Budget
Date
Date
Deliverables
Reconnaissance
$0
$10,000
$10,000
Jan
Dec
Construct test well
2015
2015
Test well
Collect and
Localized water
evaluate water
Jan
Dec
table thermal
column data
2015
2015
profile
Design Phase
$68,"0
$68 440
$136,880
Select Design
Oct
Oct
Tearn
2018
2018
Solicitation, NTP
Design Team
Oct
Oct
Scopl ng Meeting
Scope Mtg.
2018
2018
Minutes
Complete Design
Oct
Nov
Memo wlcost
Memo
2018
2018
opinion
Complete 65%
Dec
Jan
Plans, Specs, cost
Design
2018
2018
opinion
Complete 100%
Feb
Feb
Plans, Specs, cost
Design
2019
2019
opinion
Update Economic
Mar
Mar
Analysis
2019
2019
Economic Analysis
Construction Phase
$584,060
$79,057
$663,117
Prepare Bid
Apr
Apr
Package
2019
2019
May
May
Advertise For Bids
2019
2019
Bid Advertisement
Jun
Jun
Review Bids
2019
2019
Notice of Award
Jul
Jul
Procure long lead
Award Bid
2019
2019
items
Pre -Construction
Aug
Aug
Conference
Conference
2019
2019
Minutes
Aug
Sep
Submittal Reviews
2019
2019
Progress Report
Contractor
Sep
Sep
Mobilizes
2019
2019
Progress Report
Stake OuULine
Sep
Sep
Locates
2019
2019
Progress Report
Drilllinstall Vertical
Sep
Nov
Loops
2019
2019
1 Progress Re art
Construct
Sep
Nov
Mains/Laterals
2019
2019
Pro ress Report
Mech.lElect Inside
Sep
Nov
Bld s.
2019
2019
Pro ress Report
Construct Loop
Nov
Nov
Manifold
2019
2019
Progress Report
Pressure Test
Nov
Nov
System
2019
2019
Pro ress Report
System Start
Nov
Nov
Up/TestingUp/Testing
2019
1 2019
Propress Report
Punch List
Nov
Nov
Items/Testing
2019
2019
Progress Report
Close Out
Certificate
Final as -
Nov
Dec
builUredline
Close Out
I Final Punch List
72 500
0
72 500
2019
1 2019
1 drawin s
TOTAL
=2.497
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Appendix D Project Management & Reporting Requirements
1. Project Management
The Grantee will notify the Authority immediately of any significant organizational changes
during the term of the grant, including changes in key personnel or tax status, any unforeseen
problem or project delay that may cause a change to the work plan or budget or that may
otherwise affect the Grantee's ability to perform its commitments under this Grant Agreement.
Any unreported or unapproved changes to the work plan or budget evident in reports may result
in an amendment being required, costs disallowed, suspension or termination of the grant as
described in Appendix A.
2. Contact Persons
For the Grantee
For The Authority
Grant Manager
Grant Manager
Brennan Hickok
Shawn Galfa, Grants Administrator
PO Box 167
813 W. Northern Lights Blvd.
Seward, Alaska 99664
Anchorage, Alaska 99503
bhickok cr.citvofseward.net
scalfaCa)aidea.org
907-224-4020
907-771-3031
Project Manager
Project Manager
Doug Schoessler
Dan Smith
PO Box 167
813 W. Northern Lights Blvd.
Seward. Ak 99664
Anchorage, Alaska 99503
douga,citvofseward.net
dsmith@akenergvauthoritv.org
907-224-4093
907-771-3983
3. Monthly Progress and Financial Reports
The Grantee will provide monthly progress and financial reports by email (or other method
allowed by the Authority, if email is not available) to the Authority Project Manager. These
reports are due starting the first full month after the execution of this Agreement. This report
must update the Authority on the project's progress, regulatory and compliance issues, possible
delays, and grant expenditures dur ng the month. These Monthly Progress Reports, which are
due within 30 days of the end of the previous month, must summarize, in one or two pages, the
progress made on grant tasks during the month and identify any difficulties in completing tasks
or meeting goals or deadlines. The Grantee must also include with the report copies of any
work products due to the Authority during this period.
Reports are considered late five 5 days after the due date. No further payments will be made
without submission and approval of required reports. Work completed after the twenty -day
period when required reports have not been submitted is at the Grantee's risk, and costs
incurred may be disallowed. Repeated failure to submit reports in a timely manner could result
in suspension or termination of the grant.
All reports and deliverables required in this agreement must have been submitted and approved
by the Authority prior to the final payment being released.
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Appendix E Project Budget & Reimbursement Provisions
1. Allowable Costs
Allowable costs under this grant include all reasonable and ordinary costs for direct labor &
benefits, travel, equipment, supplies, contractual services, construction services, and other
direct costs identified and approved in the Project budget that are necessary for and incurred as
a direct result of the Project and consistent with the requirements noted in Appendix B 4 Eligible
Costs.
A cost is reasonable and ordinary if, in its nature and amount, it does not exceed that which
would be incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the costs.
Allowable costs are only those costs that are directly related to activities authorized by the Grant
Agreement and necessary for the Project. The categories of costs and additional limits or
restrictions are listed below:
a. Direct Labor & Benefits
Include salaries, wages; and employee benefits of the Grantee's employees for that portion
of those costs attributable to the time actually devoted by each employee to, and necessary
for the Project. Direct labor costs do not include bonuses, stock options, other payments
above base compensation and employee benefits, severance payments or other termination
allowances paid to the Grantee's employees.
b. Travel, Meals, or Per Diem
Include reasonable travel expenses necessary for the Project. These include necessary
transportation and meal expenses or per diem of Grantee employees for which expenses
the employees are reimbursed under the Grantee's standard written operating p.ractice for
travel and per diem or the current State of Alaska Administrative Manual for employee
travel.
c. Equipment
Include costs of acquiring, transporting, leasing, installing, operating, and maintaining
equipment necessary for the Project, including sales and use taxes.
Subject to prior approval by the Authority Project Manager, costs or expenses necessary to
repair or replace equipment damage or losses incurred in performance of work under the
grant may be allowed. However, damage or losses that result from the Grantee's
employees, officer's, or contractor's gross negligence, willful misconduct, or criminal conduct
will not be allowed.
d. Supplies
Include costs of material, office expenses, communications, computers, and supplies
purchased or leased by the Grantee necessary for the Project.
e. Contractual services
Include the Grantee's cost of contract services necessary for the Project. Services may
include costs of contract feasibility studies, project management services, engineering and
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design, environmental studies, field studies, and surveys for the project as well as costs
incurred to comply with ecological, environmental, and health and safety laws.
f. Construction Services
For construction projects this includes the Grantee's cost for construction contracts, labor,
equipment, materials, insurance, bonding, and transportation necessary for the Project.
Work performed by the Grantee's employees during construction may be budgeted under
direct labor and benefits. Contracted project management or engineering may be budgeted
under contractual services and major equipment purchases made by the Grantee may be
budgeted under equipment.
g. Other Direct Costs
In addition to the above the following expenses necessary for the Project may be allowed.
• Net insurance premiums paid for insurance required for the grant Project;
• Costs of permits and licenses for the grant Project;
• Non -litigation legal costs for the Project directly relating to the activities; in this
paragraph, "non -litigation legal costs" includes expenses for the Grantee's legal staff and
outside legal counsel performing non -litigation legal services;
■ Office lease/rental payments;
• Other direct costs for the Project directly relating to the activities and identified in the
grant documents; and/or
• Land or other real property or reasonable and ordinary costs related to interests in land
including easements, right-of-ways, or other defined interests.
2. Specific Expenditures not allowed
Ineligible expenditures include costs for overhead, lobbying, entertainment, alcohol, litigation,
payments for civil or criminal restitution, judgments, interest on judgments, penalties, fines,
costs not necessary for and directly related to the grant Project, or any costs incurred before the
beginning date of the grant as indicated on the signature page.
Overhead costs described in this section include:
• Salaries, wages, applicable employee benefits, and business -related expenses of the
Grantee's employees performing functions not directly related to the grant Project;
Office and other expenses not directly related to the grant Project; and
• Costs and expenses of administration, accounting, human resources, training, property and
income taxes, entertainment, self-insurance, and warehousing.
3. Match
The Grantee is required to provide $ 157,497 in match for this Project. Cash match will be
applied based on a percentage basis unless otherwise specified in the budget in Appendix C.
In -kind match will be applied based on the budget in Appendix C.
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4. Cost Share Match Requirements
Cost sharing ❑r matching is that portion of the Project costs not borne by the Authority. The
Authority will accept all contributions, including cash and in -kind, as part of the Grantees' cost
sharing or matching when such contributions meet the following criteria:
• Are provided for in the Project budget;
• Are verifiable from the Grantee's records;
• Are not included as contributions for another state or federally assisted project or
program; (The same funds cannot be counted as match for more than one program.)
• Are necessary and reasonable for proper and efficient accomplishment of the Project or
program objectives;
• Are allowable costs;
■ Are not paid by the State or federal government under another award, except for those
authorized by the State or federal statute to be used for cost sharing or matching;
• Must be incurred within the grant eligible time period. The Authority may allow cost
sharing or matching contributions that occurred prior to the grant eligible time period for
projects that involve construction.
5. Valuing In -Kind Support as Match
If the Grantee chooses to use in -kind support as part of or its entire match, the values of those
contributions must be approved by the Authority at the time the budget is approved. The values
will be determined as follows:
• The value of real property will be the current fair market value as determined by an
independent third party or a valuation that is mutually agreed to by the Authority and the
Grantee and approved in the grant budget.
• The value assessed to Grantee equipment or supplies will not exceed the fair market
value ❑f the equipment or supplies at the time the grant is approved or amended.
• Equipment usage will be valued based on approved usage rates that are determined in
accordance with the usual accounting policies of the recipient or the rates for equipment
that would be charged if procured through a competitive process. Rates paid will not
exceed the fair market value of the equipment if purchased.
• Rates for donated personal services will be based on rates paid for similar work and skill
level in the recipient's organization. If the required skills are not found in the recipient
organization, rates will be based on rates paid for similar work in the labor market.
Fringe benefits that are reasonable, allowable, and allocable may be included in the
valuation.
• Transportation and lodging provided by the Grantee for non -local labor will not exceed
the commercial rates that may be available within the community or region.
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B. Grant Disbursements
The Grantee must request disbursement of grant funds in the form and format required by the
Authority with appropriate back-up documentation and certifications. (See Attachment 1).
Reimbursements are made for actual costs incurred and must be for approved milestones. The
back-up documentation must demonstrate the total costs incurred are allowable, and reflect the
amount being billed. Documentation must include:
• A ledger summarizing cost being billed;
• A summary of direct labor costs supported by timesheets or other valid time record to
document proof of payment;
• Travel and per -diem reimbursement documentation;
• Contractor or vendor pay requests;
• Itemized invoices and receipts; and
• Detailed ledger of costs being charged to this grant.
Additionally, the Grantee may be required to provide proof of payment of the incurred costs at
the request of the Authority.
Payment of grant funds will be subject to the Grantee complying with its matching contribution
requirements of the Grant.
Payment of grant funds will be made by the Authority to the Grantee within 30 days from receipt
of a properly completed, supported, and certified Reimbursement Request (See Attachment 1).
7. Withholding of Grant Funds
If, upon review of the monthly billings, the Authority discovers errors or omissions in the billings
it will notify the Grantee within thirty (30) days of receipt of the billing. Payment for the portion of
billings for which there is an error or omission may be withheld pending clarification by Grantee.
Grant funds may be withheld for the following reasons:
The Grantee fails to provide adequate back-up documentation.
• The Authority determines that a specific expense is not allowed under the grant.
• The Grantees matching contribution requirements are not met.
Up to 10% of the Authority's contribution of grant funds may be retained by the Authority until
the Project is completed and all required final documentation and reports are received and
accepted by the Authority.
8. Advance Disbursements
In most instances, payments to a Grantee will be made ❑n a cost reimbursable basis. If the
Authority determines that cost reimbursement will significantly inhibit the Grantee's ability to
perform the Project and determines that an advance is in the public interest, the Authority may
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Heat Pump System for City of Seward
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recommend an advance to the Grantee of an amount not to exceed a projected thirty (30) day
cash need, or twenty percent (20%) of the grant amount, whichever amount is less.
Before the Authority will issue an advance, the Grantee must provide in writing, and the
Authority must approve a "Request for Advance Payment" form which includes:
• justification of the need for the advance;
documentation of anticipated line item costs associated with the advance.
All advances will be recovered with the Grantee's next Financial/Progress Report form. Should
earned payments during the terms of this Grant Agreement be insufficient to recover the full
amount of the advance, the Grantee will repay the unrecovered amount to the Authority when
requested to do so by the Authority, or at termination of the Grant Agreement.
9. Unexpended Grant Funds and Interest Earned
Any grant funds not expended under this agreement and any interest accruing on the grant
funds belong to the Authority and shall be returned to the Authority.
10. Budget Adjustments and Changes
When a Grantee faces increased unbudgeted costs, the Grantee should contact the Authority
Project Manager. Budget adjustments cannot increase the grant award amount. Cost overruns
that may require reduced scope of work will require Authority approval and an amendment to
the grant. If a budget adjustment or other changes indicate to the Authority Project Manager
that the project cannot be completed as currently planned and budgeted for, the Authority
Project Manager will not approve the release of additional grant funds until the Grantee provides
sufficient information on how the Grantee intends to complete the revised project.
Budget Adiustments
The Grantee shall identify budget changes on its Financial Reports submitted to the Authority.
At least quarterly, the Authority will compare actual costs to budgeted distributions based on the
Financial Report/Request for Reimbursement form. Costs charged to grant funds must reflect
adjustments made as a result of the activity actually performed. The budget estimates or other
distribution percentages must be revised at least quarterly, if necessary, to reflect changed
circumstances.
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Grant Agreement tc7091242
Attachment 1 Financial Report/Request for Reimbursement Form
THIS REQUEST 1S FOR FINAL PAYMENT 0
Grantee: City of Seward Project: Heat Pump System for City of Seward
Period: to Grant Number: 7091242
BUDGET
SUMMARY
D=B+C
=A-D
RANT BUDGET
ATCHING
UDGET
OTAL BUDGET RIOR
XPENDITURES
EXPENDITURES
HIS PERIOD
TOTAL
EXPENDITURES
RANT BALANCE
BY TASK OR MILESTONE
Reconnaissance
$0
$10.000
$10.000
Design Phase
SE8,440
$68,440
$136.880
Construction Phase
$584.060
$79,057
$663.117
Close Out
$72.500
S0
$72,500
TOTAL
W&M
BY BUDGET CATEGORIES
Direct Labor and
Benefits
SES.440
$68.440
$136.880
Travel
50
$0
$0
Equipment
S0
S0
$0
Contractual Services
S0
$0
$0
Construction
Services
$584.060
579,057
$663,117
Other
7$2,500
$10.000
8$ 2,500
TOTAL
$$$
BY FUND SOURCES
Grant Funds-SOA
5725.000
$0
S725.000
Grantee Match -Cash
$0
$147.497
$147.497
Grantee Match -In-
Kind
TOTAL
$0
$725..
$10.000
$157.4g7
$10,000
Plcase submit this form and the suppoi-ting documcntation to aeapayablcs(—ivaidea.org
CERTIFICATION
Form requires two original signatures. The person certifying must be different from the person preparing the report. One signature should be the authorized
representative of the Grantee organization or highest ranking officer; the other should be the person who prepared the report.
I certify to the best of my knowledge and belief that the information reported on both the Financial Report above and the attached Progress
Report are correct. In addition, funds were spent and work performed in accordance with the grant agreement terms and conditions.
Certified By: - — Prepared By. -
Printed Name Printed Name:
Title Date Title: Date
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Attachment 2 Progress Report Form
Grantee: City of Seward
Project Name: Heat Pump System for City of Seward
Grant # 7091242
Period of Report: to
Project Activities Completed:
Existing or Potential Problems:
Activities Targeted for Next Reporting Period:
Prepared By:
Printed Name:
Date:
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Attachment 3 Notice of Project and Grant Closeout
NOTICE OF PROJECT AND GRANT CLOSEOUT
ALASKA ENERGY AUTHORITY
Project Name: Heat Pump System for City of Seward
Grantee: City of Seward
Grant Number: 7091242
The Alaska Energy Authority certifies and acknowledges that the Project referenced above has
been completed, and that all tasks have been satisfactorily carried out in accordance with the
terms and conditions of Agreement Number: 7091242.
Project Manager Date
Alaska Energy Authority
City of Seward certifies that the Project named above is complete in accordance with the terms
and conditions of Alaska Energy Authority Agreement Number: 7091242.
City of Seward also certifies that, we have been reimbursed for all eligible expenses pertaining
to 7091242, and that as of the date of signature, no further reimbursements will be requested for
any activity related to the Project identified above.
Pursuant to Appendix B #20 'Performance/operation and Maintenance (O&M) Reporting'; the
Grantee is required to provide detailed reports annually, for ten years.
Total project cost $
The total project cost should include all expenses related to this grant funded project (grants,
loans, match, etc.). It should include design and construction costs, but should not include
feasibility and reconnaissance work.
Notes/comments: Please attach on a separate page
Authorized Signature
Printed Name
Title
Date
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Attachment 4 Notice of Substantial Completion
NOTICE OF SUBSTANTIAL COMPLETION
ALASKA ENERGY AUTHORITY
Project Name: Heat Pump System for City of Seward
Grantee: City of Seward
Grant Number: 7091242
The Alaska Energy Authority (the Authority) issues this notice that the Authority has determined
that all tasks associated with the Project referenced above have been substantially completed
in accordance with the terms and conditions of Agreement Number: 7091242 (Agreement), with
the exception of outstanding work items identified in the Exhibit A.
Under Appendix B, No. 23 of the Agreement, the Authority issuing this Notice means the
Grantee assumes all responsibility associated with operating and maintaining the Project,
except as specifically provided otherwise in the Agreement or by separate agreement executed
by the Authority and the Grantee.
The Grantee may disagree with the substantial completion determination by providing written
notice to the Project Manager within 30 days after receipt of the Notice of Substantial
Completion. The Grantee's written objections disagreeing with the Notice of Substantial
Completion must detail the reasons the Grantee believes the Notice of Substantial Completion
should not be issued. Further the Grantee must explain what the Grantee expects should be
done so the Notice of Substantial Completion can be issued, and when the additional issues
identified can be completed or resolved. The Authority will follow-up within 60 days, letting the
Grantee know if the objections have been accepted, if the Notice of Substantial Completion
stands, or, if the Notice of Substantial Completion is modified.
Within 30 days of final disposition of the Notice of Substantial Completion, the Authority Project
Manager will issue a Certificate of Substantial Completion which will include an updated
punchlist (if one still exists) which will be signed by the general contractor and the Authority.
The date of this certificate shall be the completion date of the Project.
Authority Project Manager
Date
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Attachment 5 Grantee Certification
CERTIFICATION OF GRANTEE AND LOWER -TIER PARTICIPANTS
REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND
VOLUNTARY EXCLUSION
Grantee
City of Seward
PO Box 167
Seward, AK 99664
I, hereby certify on behalf
(Name and title of official)
of City of Seward that:
(1) The prospective Grantee and lower tier participant certifies, by submission of
this letter, that neither it nor its "principals" [as defined at 49 C.F.R. §
29.105(p)) is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency. In the event, your company or any principals
become ineligible from participating in federally funded transactions, you are
required to notify us immediately.
(2) When the prospective Grantee and lower tier participant is unable to
certify to the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Executed this day of , 20
0
(Signature of authorized official)
(Title of authorized official)
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Heat Pump System for Gity of Seward
Grant Agreement #7091242
DEBARMENT, SUSPENSION, INELIGIBILITY & VOLUNTARY EXCLUSION - 49 CFR Part 29, Executive Order 12549
[Applicable to all federal -aid conlracls «Bich exceed �25.0001
Instructions for Certification:
L The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. It' it is later detennined that the prospective Grantee and lower tier participants knowingly rendered an erroneous
certification, in addition to other remedies available to the federal Government, THE AUTHORITY may pursue available remedies,
including suspension and/or debarment-
2- The prospective Grantee and lower tier participants shall provide immediate written notice to THE AUTHORITY if at any time
the prospective Grantee and 10,.•cr tier participants learns that its certitication was erroneous when submitted or has become erroneous
by reason of changed circumstances.
3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons,"
"lower tier covered transaction," "principal," "proposal," and voluntarily excluded," as used in this clause, have the meanings set out in
the Definitions and [:overage sections of rules implementing Executive Order 12549 [49 CFR Part 291. You may contact THE
AUTHORITY for assistance in obtaining a copy of those regulations-
4- The prospective Grantee and lower tier participants agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person whe is debarred.
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by
ME AUTHOR[ TY.
5. The prospective Grantee and lower tier participants further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions-
6- A participant in a covered transaction may rely upon a certitication of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thz certification
is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals_ Each
participant may, but is not required to, check the Non -procurement List issued by U.S. General Service Administration.
7. Nothing contained in the foregoing shall be construed to require establishment of system of'records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
nonnally possessed by a prudent person in the ordinary course of business dealings_
8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction laiowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to all remedies available to the Federal Government, THE AUTHORITY may pursue
available remedies including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Incligibilih• and Voluntari• Exclusion Lower Tier Covered Transaction
(1) The prospective Grantee and lower tier participants certifies, by submission of this bid or proposal, that neither it nor its
'"principals" [as defined at 49 CFR §29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency-
(2) When the prospective Grantee and lower tier participants is unable to certify to the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
The Grantee, City of Seward certifies or affrnns the truthfulness and accuracy of each statement of its certification and disclosure. if
any. In addition, the Grantee understands and agrees that the provisions of, 49 CFR §29 apply to this certification and disclosure, if
any.
Signature of Grantee's Authorized Official:
Nance and Title of Grantee's Authorized Official
Date:
Page 31 of 34
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Heat Pump System for City of 'Seward
Grant Agreement #7091242
Page 32 of 34
185
Heat Pump System for city of Seward
Grant Agreement #7091242
Attachment 6 Advance Request Form
ALASK
ENERGY
jot AUTHORITY
GRANTS SECTION
REQ CUES T FOR A D VA NCE PA YMEN T
Instructions:
(1) Fill in the Grantee, Grant Number, Project Title, Amount Requested, and Date.
(2) Read the language in Appendix E of the Grant Agreement (Advance Disbursements provision).
(3) Check the boxes to confirm that the advance is justified and that you have read and understood
the conditions under which the advance will be approved and recovered by the Authority.
(4) Provide a brief narrative explaining the proposed use of the advanced funds.
(5) Attach documentation of costs associated with the requested advance (i.e., price quotes or cost
estimates, invoices, a spreadsheet outlining projected payroll, etc.)
Grantee:
Grant Number:
City of Seward
7091242
Project Title:
Date:.
Heat Pump System for City of Seward
Amount Requested:
❑ The Grantee confirms that the advance is necessary due to a lack of cash on hand to
administer the grant on a cost -reimbursable basis.
❑ The Grantee understands the conditions under which the Authority will recover the advance.
Explain how the advance will be used. Attach additional pages if necessary.
Grantee Certification: I cerlify Thal the above if7f6rination is true and correct, ar7d that expenditr7res will be
made for the purpose of, and in accordance with, applicable grant agreement terms and conditions.
Sig77atarre
Nanme and Title
Date
Page 33 of 34
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Heat Pump System for City of Seward
Grant Agreement tc7091242
Attachment 7 Grant Documents Authorized Signers Form
Community/Grantee Name:
Regular Election is held: Date:
Printed Name Title Term Signature
authorize the above person(s) to sign Grant Documents:
(Highest ranking organization/community/municipal official)
Printed Name Title Term Signature
Mailing Address:
Phone Number:
Fax Number:
E-mail Address:
Federal Tax ID #
Please submit an updated form whenever there is a change to the above information.
Page 34 of 34
187
Your Clean Energy
Celebrate the power of nature..,,m
Andy Baker, PE Independent Clean Energy Consultant Resume Of Professional Experience
Specialization: Concept development, modeling, engineering design, & financial evaluation of renewable energy
heating systems for municipal and commercial buildings, with significant experience in air source / waste heat /
ocean source / ground source CO2 heat pump systems, and solar thermal systems. Development of process
schematics, sequence of operations, and design of custom operator screens to support complex heat pump systems
with diverse cooling and heating loads. Energy audits of municipal and commercial buildings. Presentation of
renewable energy concepts to clients to encourage interest, adoption, and investment. Preparation of technical and
economic portions of private, state, and federal grant applications for heat pump projects. Project management of
process, civil, mechanical, and electrical engineering design of heat pump systems for large facilities.
Fduratinn-
• Educational technical sessions on use of natural refrigerants for cooling and heating at annual ATMO
America Conference on Natural Refrigerants, 2016 thru 2021.
• Training On Operation/Maintenance/Control of Trane RTWD 90 Ton Heat Pumps Installed at Alaska
SeaLife Center in Seward, Alaska —Trane Factory Engineers — April 2012
• REM/RATE Energy Rater Training — National Center for Appropriate Technology, Butte, MT — 2008
• Blower Door Certification, Air Tightness, AK WARM Energy Rater Training with Wisdom & Associates —
Anchorage, AK - 2008
• Arctic Engineering Course, University of Alaska - 1999
• BS Environmental Engineering, Penn State University - 1986
Professsional Certification:
• Registered Professional Civil Engineer —Alaska #9994
• Member of the Seattle based Clean Tech Alliance that drives job growth, products, and services to advance
the cleantech economy in the Pacific Northwest of USA. Invited speaker to CTA Government Affairs
Committee — topic of HFO's vs Natural Refrigerants For Decarbonization - December 6, 2021.
• Member of American Solar Energy Society (ASES); invited speaker/presenter on ocean source heat pump
systems at annual national conference SOLAR 2015 Penn State, SOLAR 2016 San Francisco, SOLAR 2017
Denver
• Invited speaker on ocean source CO2 heat pump systems at annual ATMO America conference on natural
refrigerants (Chicago 2016, San Diego 2017, Long Beach 2018, Atlanta 2019), and on college campuses
(University of Alaska, Humboldt State University). Invited speaker to ATMO America conference June 6 —
8, 2022 in Wash DC — topic: Framing The Case For NatRef Heat Pumps Over HFO's
3604 S. Charlestown Street, Seattle WA 98144 www.yourcleanenergy.us
188
Your Clean Energy
Celebrate the power of nature..,rm
Professional Experience:
Owner / Project Manager, YourCleanEnergy LLC: Anchorage AK (2006 - 2019), Seattle WA (2020 - Present)
Andy specializes in the financial evaluation and engineering design of renewable energy systems for municipal and
commercial buildings, with significant experience with waste heat, air source, ocean, tidal and ground source CO2
heat pump systems; heat recovery systems; small district heating systems; solar thermal systems; solar PV and small
hydro -electricity systems. He also has experience in the evaluation and design of seawater intake systems for ocean
source heat pump systems at aquariums and science centers. He has demonstrated success in guiding clients to off-
setting or eliminating fossil fuel heat (de -carbonizing) with CO2 heat pump systems that utilize high efficiency cutting
edge technology and natural refrigerants. He has directly assisted client in preparing the technical and financial
elements of private state, and federal grant applications which have competed successful for substantial awards to
design and construct demonstration heat pump projects. Specific recent projects of note include:
Engineering design of ocean source CO2 heat pump system for the 14,000 sq ft Sitka Sound Science Center,
Sitka, Alaska. Final design was completed October 2021; the project was designed in association with EDC,
Inc. of Anchorage, AK, and funded by The Denali Commission also based in Anchorage. Design includes sea
water supply loop, glycol source loop, one 20-ton Mayekawa Unimo water -to -water heat pump, buffer tank,
low temperature heat load loops, selection of heating appliances, and design of web -based system controls.
CO2 heat pump will operate in parallel to existing oil boiler and will provide approximately 85% of annual
space and domestic hot water heat load demand. The Center is now seeking funding for construction which
is anticipated in fall of 2022.
Concept design, including technical and financial evaluation, of new 700 KW air source CO2 heat pump
(ASHP) system for University of British Columbia Okanagan Campus (UBCO). The ASHP consists of 12
Mayekawa Unimo air source heat pump units arranged in parallel configuration which shall offset existing
gas boiler for heating the campus LDES, or ambient temperature district energy loop. Concept design and
financial evaluation completed in April 2021(in association with clJoule District Energy Development LLC of
Seattle, WA).
Concept design, economic evaluation, and preparation of $725K grant application for ocean source CO2
heat pump district heating system for four city buildings in Seward, Alaska. Grant funding recommended
by Alaska Governor Bill Walker in January 2018 and approved by Alaska State Legislature in June 2018.
YourClean Energy, in association with EDC, Inc. of Anchorage, led engineering design during 2019 and 2020.
Vertical ground loops in tidal zone will supply heat to 960 MBH trans -critical CO2 heat pump system that
will maintain medium temperature hydronic district heat loops to City Hall, Fire Hall, City Annex and City
Library. Final design now in review by the state grant agency, with construction anticipated for September
2023, pending approval of additional funding for construction by the Seward City Council.
• Engineering design of 240 MBH heat recovery loops to enhance performance of both existing large heat
pump systems for Alaska Sea Life Center, Seward, including fan coils in mechanical room, electrical room, IT
room, Tissue storage room, exhaust fan duct coils, web -based Trane TRACER software operator screens.
Design was completed September 2018 in association with EDC, Inc. of Anchorage, AK.
• Engineering design and construction phase services for 960 MBH medium temperature ocean source CO2
heat pump system for Alaska Sea Life Center in Seward Alaska, including: sea water supply loop, evaporator
3604 S. Charlestown Street, Seattle WA 98144 907-350-2084 www.yourcleanenergy.us
I&R
Your Clean Energy
Celebrate the power of nature..,rm
and condenser loops, four x 20 ton Mayekawa Unimo water -to -water trans -critical CO2 heat pumps, heat
recovery loops, domestic hot water heat exchanger, air handler heating loop, main building heat loop,
outdoor snow melt heating loop. Development of process schematics, sequence of operations, and custom
web -based Trane TRACER software operator screens. Design completed October 2014; construction of CO2
heat pump system was completed in December 2015; project placed in operation January 2016 and has
operated as designed to present. Project was designed in association with EDC, Inc. of Anchorage and
funded with Emerging Energy Technology Grant provided by the Alaska Energy Authority. Monitoring of
project performance via web -based operator screens continues to present.
• Engineering design of 12" diameter HDPE seawater intake for Sitka Sound Science Center, including
stainless steel screened intake box at 60 ft depth, 1200 ft of submerged intake pipe with concrete block
anchors, shoreside hydraulic powered pigging station. Project constructed and placed in operation in 2016.
Engineering design of 168 MBH ground source heat pump system for Seldovia House mixed income
apartments, Seldovia, Alaska; including ten 300 ft deep vertical ground loops in solid basalt bedrock, two 7-
ton Water Furnace R-134a heat pumps, source and load side circ pumps, buffer tank, and system controls.
Design was in association with EDC, Inc. of Anchorage, and was completed September 2015. Project was
constructed November 2015. Project owned and funded by Cook Inlet Housing Authority of Anchorage,
Alaska.
• Engineering design (in association with EDC, Inc.) of 2,000 MBH sea water heat pump system for Alaska
SeaLife Center, Seward, including sea water supply loop, evaporator and condenser loop, 90-ton Trane
RTWD heat pumps, air handler delivery loop, domestic hot water heat exchanger, development of process
schematic, sequence of operations, web -based Trane TRACER software operator screens. Design
completed November 2010. Project funded by the Alaska Energy Authority & Alaska Center for Energy &
Power.
• Construction inspection/commissioning of 2,000 MBH sea water heat pump system for Alaska SeaLife
Center, Seward, - March 2011 thru Dec 2012
• Financial evaluation of high efficiency rotary screw 90 ton sea water chiller system w/ heat recovery for
Kodiak Fisheries Research Center (KFRC) — Near Island, Kodiak Island Borough - 2009/2010
• Energy audit, modeling and concept sea water heat pump design for Sitka Sound Science Center, Sitka, AK,
completed Oct 2012, in coordination with Pre -Design Document prepared for SSSC/Foraker by Northwind
Architects.
• Financial evaluation of 2,000 MBH sea water heat pump system for space heating - Alaska Sea Life Center,
Seward — completed 2009; preparation of technical and economic portions of both state and federal grant
applications that received awards for 80% of design and construction costs, project was designed by
YourCleanEnergy in 2010, constructed in 2011. See more details above.
• Modeling, financial evaluation, and engineering design of large rooftop solar thermal system (total of 56
flat plate Heliodyne cold climate collectors of 4'x10' size, three 1000-gallon storage tanks, Heliodyne heat
transfer appliance and controls) for 72 unit senior housing Coronado Building in Eagle River, Alaska, for
Cook Inlet Housing Authority — design completed 2012 in association with KPB Architects of Anchorage,
Alaska. Project built in 2013 and continues to operate to present day.
3604 S. Charlestown Street, Seattle WA 98144 907-350-2084 www.yourcleanenergy.us
IRIS
Your Clean Energy
Celebrate the power of nature..,rm
Concept design and financial evaluation of 1.2 MW Lowell Creek small hydro -electric project for City of
Seward, Alaska. This hydro plant will be located within City limits and receive flow from two separate and
adjacent drainages. Assisted City to secure application for water rights and coordinated concept planning
with Alaska Department of Fish & Game, Alaska Department of Natural Resources, Army Corps of Engineers,
and Federal Energy Resource Commission. Prepared scope of work for three years of flow measurements
and assisted City to secure contract with USGS; flow measurements of the upper drainage of Lowell Creek
were initiated by USGS in March 2020, and continue to present.
• Engineering and financial evaluation of grid tied 12 KW rooftop solar PV system for new eight story Cook
Inlet Regional Inc office building, featuring forty-two 285 watt Solarworld PV modules rack mounted at 45
degree tilt with Enphase micro -inverters. Project constructed and placed on- line in 2016.
• Financial evaluation of renewable energy options (wood boiler, solar thermal, hydroelectric, wind,
generator waste heat) for Tsiana Lodge, Valdez, Alaska - 2009
• Modeling, design and financial evaluation of solar thermal system for Seth Downs tri-plex rental property
in Anchorage — designed in June, installed in September 2008
• Modeling, design and financial evaluation of solar thermal system for 35% design of new City Hall, Homer,
Alaska, in association with ECI Hyer Architects — March 2007.
• Proposal and financial evaluation for Lowell Creek small hydroelectric power system, Port and Commerce
Advisory Board, City of Seward, Alaska — November 2006
• Energy audit of municipal, commercial, and church buildings in Alaska, 2007-2012, see client list below:
o Lynden Air Freight Facility (34,400 ftz) —Anchorage - 2012
o Fairbanks Rescue Mission (41,000 ftz) — downtown Fairbanks - 2011
o Bristol Bay Native Assoc Admin Bldg (20,000 ftz) — Dillingham - 2011
o Coastal Villages Region Bldg — 711 H Street (46,328 ftz) — downtown Anchorage - 2011
o Alaska Airlines Passenger & Cargo Terminal (9,000 ftz) — Kotzebue - 2011
o Alaska Airlines Passenger & Cargo Terminal (24,540 ftz) — Bethel — 2011
o The Central Building (retail & office space, 25,700 ftz) — downtown Anchorage — 2011
o Talialuk Office Building (14,500 ftz) — Kawerak Native Corp - downtown Nome - 2011
o Sitka Lutheran Church (10,000 ft2) — Sitka — 2011
o Petersburg Municipal Buildings (Gym, Motor Pool, Harbor Office, Firehall) — 2011
o Alaska Hydraulics — Warehouse & Shop (4,000 ftz) — Kodiak - 2011
o Chickaloon Native Village (14 municipal bldgs) — Sutton — 2010
o Gakona Native Village Multi -Purpose Center (4,250 ftz) — Gakona —2010
o Spenard Rec Center (15,000 ftz) — MOA — Anchorage - 2010
o University Community Presbyterian Church (30,000 ftz) — Fairbanks — 2010
o Christ Lutheran Church (5,000 ftz) — Fairbanks - 2010
o Alaska Aviation Museum (4 hangars)—17,750 ftz - Anchorage — 2009
o Alaska Railroad Depot Historic Window Evaluation —Anchorage - 2009
o St. Marys Episcopal Church/School — 22,500 ftz — Anchorage — 2009
o St. Elizabeth Ann Seton Church/School — 56,600 ftz — Anchorage - 2009
3604 S. Charlestown Street, Seattle WA 98144 907-350-2084 www.yourcleanenergy.us
IN
Your Clean Energy
Celebrate the power of nature..,rm
o Bayview Commercial Bldg—107,000 ftz — Anchorage — 2009
o Bosco's Warehouse—10,000 ftz — Anchorage — 2008
o St. David's Episcopal Church - 6,000 ftz — Wasilla — 2008
o St. Ann's Parish Hall — 6,400 ftz —Juneau —2008
o St. John's Methodist Church-11,000 ftz — Anchorage — 2008
o First Presbyterian Church-12,000 ftz — Anchorage — 2008
o Arctic Wire & Rope Warehouse — 20,00oft2 — Anchorage — 2007
o Unitarian Universalist Church — 5,000 ftz —Anchorage - 2007
Professional Exoerience Prior To YourCleanEnerev LLC
Project Engineer, HDR Alaska, Anchorage (1998-2001)
• Design of Delta Creek Water Treatment Plant Building Improvements — Phase II, City of King Cove, Alaska
• Design of Phase VI of AWWU 30" Water Main Loop, Municipality of Anchorage
Project Engineer, Black & Veatch, Boston, Massachusetts (1996-1997)
• Design of 36" Hyde Park Water Main for Massachusetts Water Resource Authority (MWRA)
Project Engineer, Black & Veatch International (BVI), Lusaka, Zambia (1991-1996)
• Design of Water System Improvements for the $40 million Lusaka Water Supply Rehabilitation Project
funded by the African Development Bank - including pump station buildings, chlorination buildings,
reservoirs, water mains.
Project Engineer, Black & Veatch, San Diego, California (1989-1990)
• Design of throttling valve building and chambers — Point Loma Wastewater Treatment Facility, City of San
Diego
Engineer -In -Training, Municipal Water Projects, Buchart Horn, State College, PA (1986-1989)
• Design of Wastewater Treatment Plant Improvements, Phase III, University Park WWTP, Penn State
University Main Campus (1986-1988)
3604 S. Charlestown Street, Seattle WA 98144 907-350-2084 www.yourcleanenergy.us
IRY:
Action Memorandum 2022-002
Documents:
• Action Memorandum 2022-002
• Attachments:
o Kenai Peninsula Borough Code 2.60.040
`RX
City of Seward
Action Memorandum 2022-002
Subject: Appoint Chief Alan Nickell (Primary) and Deputy Chief Karl Schaefermeyer
(Alternate) to the Kenai Peninsula Borough Communications Center Advisory
Board
Agenda Date: June 27, 2022
Council Action: ❑ Approved
❑ Amended:
❑ Defeated
Background and justification: Kenai Peninsula Borough Code 2.60.040, Emergency Services
Communications Center Advisory Board, provides for the establishment of a nine -member board to
govern the emergency services communication system including providing long-range planning for
enhanced 9-1-1 services. The board shall advise the borough assembly and administration
regarding the level of service, training, new equipment, and budgeting needed to properly
operate the enhanced 9-1-1 emergency services communication centers.
The advantage for the city by allowing this membership is to give administration a voice into how 9-
1-1 services are being controlled, funded, planned and administered for the betterment of the
community as a whole.
The City received notice the Assembly is seeking membership for the board, with representation
from the following agencies:
• Central Emergency Service Area*
• Nikiski Fire Service Area*
• City of Homer Police Department**
• City of Seward Police Department**
• City of Kenai Police Department**
• City of Soldotna Police Department**
• Alaska State Troopers***
• 9-1-1 Dispatch Center
*The Mayor shall consider recommendations of the applicable service area boards when appointing
representatives from service areas.
**City members shall be appointed by each city's appointing authority in accordance with the law
and any applicable interagency agreement.
***The State of Alaska Department of Public Safety will designate the Alaska State Trooper
representative on the board.
Action Memorandum 2022-02 appoints Chief Alan Nickell as the primary member and Deputy Chief
Karl Schaefermeyer as the alternate member representing the City of Seward.
IRII!
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive 2.2.9 Public Safety - Maintain an effective public safety communications
Plan: network in Seward, including enhance emergency 911 system
Strategic Plan: Page 13 Promote the Development of local communication networks
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
x Not applicable
Finance Director Signature: -�
Attorney Review,/ Administration Recommendation
RxYes x Approve the action memorandum
Not applicable Other:
I&M
Kenai Peninsula Borough
2.60.040. Emergency services communications center advisory board.
A. A nine -member 9-1-1 interagency advisory board is hereby established to govern the emergency services
communication system including providing long-range planning for enhanced 9-1-1 services. The board shall
advise the borough assembly and administration regarding the level of service, training, new equipment, and
budgeting needed to properly operate the enhanced 911 emergency services communication centers.
Subject to the provisions of this chapter and other applicable law, an interagency agreement may be entered
between the borough and affected agencies within the borough which shall govern the membership and
operation of this board.
B. Membership on the board shall include representatives from the Central Emergency Service Area, the Nikiski
Fire Service Area, the City of Homer Police Department, the City of Seward Police Department, the City of
Kenai Police Department, the City of Soldotna Police Department, the Alaska State Troopers, and the 9-1-1
dispatch center located in the vicinity of Soldotna. The mayor shall appoint and the assembly shall confirm by
motion or resolution individual appointments from the borough to this board, including those from the
service areas and the 9-1-1 dispatch center. The mayor shall consider recommendations of the applicable
service area boards when appointing representatives from service areas. City members shall be each city's
chief of police, unless another member of each police department is appointed by each city's appointing
authority in accordance with the law and any applicable interagency agreement. The Alaska State Trooper
representative shall be the Commander of the Alaska State Troopers on the Kenai Peninsula or his designee,
and in accordance with any applicable interagency agreement. One or more alternate members may also be
appointed for each listed service area and agency in the same manner described above for each board
member.
C. Appointments shall be for an indefinite term, provided that the appointing authority may terminate an
appointment at any time, with or without cause, in the sole discretion of the appointing authority.
D. The board shall be governed by the most current version of Robert's Rules of Order and shall be responsible
for annually electing a chair and vice -chair. Five members shall constitute a quorum; however, any action
shall require the affirmative vote of five or more board members. Members may attend via teleconference in
accordance with applicable provisions of law. The board may adopt by-laws governing its procedures
consistent with the provisions of this chapter.
E. A vacancy shall occur if a board member:
1. Is removed from office by the appointing authority;
2. Is no longer employed by the agency, service area or department holding a seat on the board as
described above;
3. Is physically or mentally unable to perform the duties of office;
4. Misses three consecutive regular board meetings unless excused;
5. Resigns and the resignation is accepted; or
6. Is convicted of a felony while a member of the board.
F. Vacancies in borough seats on the board shall be filled by mayoral appointment and confirmation of the
assembly. Vacancies in non -borough seats shall be filled in the manner provided above for city and state
members.
G. Board members shall serve without compensation but are entitled to per diem and travel expenses pursuant
to Alaska Statutes from their respective employers.
(Ord. No. 2003-07, § 3, 4-1-03; Ord. No. 2001-04, § 1, 4-3-01)
IPb:
City of Seward, Alaska City Council Special Meeting Minutes
May 9, 2022 Volume 42, Page
CALL TO ORDER
The May 9, 2022 special meeting of the Seward City Council was called to order at 5:30 p.m.
by Mayor Christy Terry.
OPENING CEREMONY
Assistant City Manager Stephen Sowell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz DeMoss
Mike Calhoon
comprising a quorum of the Council; and
Janette Bower, City Manager
Kris Peck, Deputy City Clerk
Sam Severin, City Attorney
Excused— Wells
Absent — None
John Osenga
Ristine Casagranda
Ra*dy A�oii�
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING — None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
There were no consent agenda items.
NEW BUSINESS
Other New Business Items
Committee of the Whole: Council Determination Regarding the Location of the New Public
Works Facility
INFi
City of Seward, Alaska City Council Special Meeting Minutes
May 9, 2022 Volume 42, Page
Motion (Terry/McClure) Move into Committee of the Whole
Regarding the New Public Works Facility.
Motion Passed Unanimous
Council went into Committee of the Whole at 5:33 p.m.
Council came out of Committee of the Whole at 6:19 p.m.
Terry reported that council would like to narrow down the list of locations these top three
choices: Alaska Railroad property on Leirer Road, south end of Fort Raymond, and the snow
dump property at 2500 Laurel Street.
CITIZEN COMMENTS — None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Terry thanked administration for their work on this project.
ADJOURNMENT
The meeting was adjourned at 6:22 p.m.
Kris Peck
Deputy City Clerk
(City Seal)
Christy Terry
Mayor
198
City of Seward, Alaska City Council Meeting Minutes
May 9, 2022 Volume 42, Page 4
CALL TO ORDER
The May 9, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m.
by Mayor Christy Terry.
OPENING CEREMONY
Police Chief Alan Nickell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz DeMoss
Mike Calhoon
comprising a quorum of the Council; and
Janette Bower, City Manager
Kris Peck, Deputy City Clerk
Sam Severin, City Attorney
Excused —Wells
Absent — None
John Osenga
Ristine Casagranda
Ra*dy A�oii�
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Tim McDonald, outside city limits, said there was only one solution to the Lowell Point
Road landslides and that would be a tunnel along the road that would shed the landslides over the
top. McDonald felt that residents outside of city limits were true citizens of Seward and should be
allowed to vote in city elections.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Osenga)
Approval of Agenda and Consent Agenda
DeMoss removed the liquor license renewal from the consent agenda.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Resolution 2022-061, Authorizing And Appropriating $7,200 In Private Donations For The
I
City of Seward, Alaska City Council Meeting Minutes
May 9, 2022 Volume 42, Page S
Purpose Of Purchasing Additional Walking Tour Maps.
Resolution 2022-062, Authorizing The City Manager To Appropriate Funds To Rent & Leases
For Sports And Recreation In The Amount Of $18,150 For The Use Of AVTEC From April
2022 Through June 2022.
Resolution 2022-063, Accepting And Appropriating FY22 Coronavirus State Local Recovery
Federal Grant Funds In The Amount Of $577,195.
Resolution 2022-064, Authorizing The City Manager To Enter Into A Special Services
Agreement With Coldfoot Environmental Services, Inc For Final Clean -Up Of The Jesse Lee
Home Property In An Amount Not To Exceed $95,603.11, And Appropriating Funds.
Resolution 2022-065, Authorizing The City Manager To Enter Into A Contract With Sturgeon
Electric Company In A Not -To -Exceed Amount Of $319,006.72, Fully Reimbursable By The
Alaska Department Of Transportation, To Complete Power Line Relocation Work Between
Milepost 17-22.5 Of The Seward Highway To Accommodate AKDOT's Road Improvement
Work.
Resolution 2022-066, Authorizing the City Manager to Enter the Negotiated Collective
Bargaining Agreement with the International Brotherhood of Electrical Workers (IBEW),
Effective July 1, 2022 and Ending June 30, 2025.
Approval of the April 25, 2022 City Council Special Meeting Minutes.
Approval of the April 25, 2022 City Council Regular Meeting Minutes.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Recognizing Sharyl Seese for her service on City Council from June 2018 through October
2021.
Recognizing Gary Seese for his service on the Planning & Zoning Commission from August
2014 through February 2022. Gary Seese was not present.
Recognizing Tom Swann for his service on the Planning & Zoning Commission from
September 2014 through February 2022.
Recognizing Craig Ambrosiani for his service on the Planning & Zoning Commission from
June 2016 through February 2022.
Harbor Opening Weekend, Blessing of the Fleet & Mermaid Festival Proclamation.
NOR
City of Seward, Alaska City Council Meeting Minutes
May 9, 2022 Volume 42, Page 6
City Manager Report. City Manager Janette Bower had several updates on the Lowell
Point Road landslide. Metco's excavators were making their way towards the top of the slide and
planned to work from the top down. There was concern the adjacent section with trees would also
slide as the crews were working on the current slide zone. Barricades were placed across the road
and manned 24-hours a day by the Seward Police Department. A blasting company was tentatively
scheduled to scale the slide area and set off explosives. hi the meantime, Miller's Landing water taxi
was providing service between Seward and Lowell Point. Parking in the harbor had been made
available for those who were taking the water taxi. The Seward High School had been opened as an
emergency shelter in case anyone missed the last water taxi. It was difficult to estimate what the
timeframe would be for clearing the slide. Bower emphasized that every component of this operation
was subject to change. Despite the disaster, the city public works crews were still able to make it
over to the Lowell Point sewage lagoon to complete their daily work with no issues. The Coast
Guard had been notified of the marine debris hazard of the trees falling in the bay. If at all possible
the trees were being removed by Metco before they fell in the water. A special council meeting was
scheduled for May 12, 2022 to declare a state of emergency.
Terry wanted to discuss where the FY22 Coronavirus grant funds would be utilized. Bower
responded the city received $1.8 million for lost revenue, and part of that would go to water and
sewer infrastructure. There were also line items for the Seward Community Library server and
security cameras. True lost revenue would go into the general fund. Terry clarified the resolution on
the consent agenda tonight would go into the water and sewer funds.
Terry reported she had received comments requesting the city website list all city business
licenses to create a local directory similar to Yellow Pages. Casagranda voiced her support of the
idea.
City Attorney Report. City Attorney Sam Severin reported that personnel matters came up
quickly and required a lot of time to resolve.
Borough Assembly Report. Borough Assembly Representative Cindy Ecklund said the
opioid settlement funds were part of a national settlement and the borough would receive
approximately $45,960 a year for the next 18 years. Next, the school district had requested up to their
budget cap of around $52 million. Unfortunately, that didn't help recruit or retain staff. The non-
competitive wages wouldn't lure people from the rest of the nation to want to teach or work for the
school district here.
Other Reports and Announcements — None
Presentations
Chamber of Commerce quarterly report and housing survey presentation by Executive
Director Kat Sorensen.
PUBLIC HEARINGS
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City of Seward, Alaska City Council Meeting Minutes
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Resolutions Requiring Public Hearing
Resolution 2022-039, Determining It Is In The Public's Interest, And Necessary, To Proceed
With The Special Improvement District For And Benefitting, Lots 33, 34, 35, 36, And 37 Block
2, And Lots 4, 5, And 6 Block 3 Of The Gateway Subdivision, Adopting The Initial Assessment
Roll, Accepting The City Manager's Recommendation To Approve The Application Received
For The Gateway Subdivision, And Authorizing An Expenditure In The Amount Of $311,873
For Water, Sewer, And Electrical Improvements And Appropriating Funds.
Motion (McClure/DeMoss) Approve Resolution 2022-039
Bower wanted to clarify this was initially submitted under the old language of the code. She
combined old code with the new code to craft this resolution. This resolution was for the expansion
of the Gateway Subdivision development plans and would benefit eight properties. The city would
reimburse 50% of the cost for water and utilities.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared and the public hearing was closed.
Casagranda asked Bower to clarify the old code versus the new code in a nutshell. Bower
responded the old code contained the premise that up to 50% could be reimbursed, but the new code
was more defined. The new language outlined a better process to bring before council. The old one
had a premise, but no process to follow.
Osenga was concerned this was a potentially confusing mix of old and new language. He
wanted to make sure the developers would not have issues with this process. Terry confirmed all
applications from this point onwards would be on the new system.
Casagranda explained that the city would fund all extension of utilities and then create an
assessment and reimburse 50%. There would be about $16,000 reimbursement to each of the lots and
this included water and sewer only. Once the city gave the developers money to extend the utilities,
she questioned if there was anything in the resolution that stated the lots had to be sold within a
certain amount of time. Bower clarified the city's contribution and participation was strictly the
utilities. There was not a set time frame for building on the property.
Casagranda asked how much funding was in this account at the current time. Bower
responded the account currently contained $1.3 million.
Motion Passed
UNFINISHED BUSINESS
Unanimous
Resolution 2022-052, Authorizing The City Manager To Enter Into A 3 Year Sole Source
Agreement With T2 Systems To Provide Parking Enforcement & Permit Management
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City of Seward, Alaska City Council Meeting Minutes
May 9, 2022 Volume 42, Page 8
Software In An Amount Not To Exceed $31,297 And Appropriating Funds. This resolution was
postponed on April 11 & April 25, 2022.
The original motion was made by McClure and seconded by Osenga.
Bower requested that council fail this resolution now as it would give administration more
time to research this software over the winter and present it again to council at a later date.
Terry wanted to clarify that, if this resolution failed, it didn't mean there was no interest in
parking enforcement. There simply was more time needed to research this software.
Bower added that fire lane and disabled parking violations were strictly police matters and
outside the scope of this software. Unfortunately, the city currently didn't have a tow service that was
readily available.
Terry mentioned how bigger cities like Anchorage were utilizing pay -by -phone technology.
Motion Failed Unanimous
NEW BUSINESS
Resolutions
Resolution 2022-067, Directing The City Manager To Develop A Timeline And Process For
Examining The Advantages And Disadvantages Of Selling The Electric Utility And Bring
Recommendations Back To City Council For Adoption.
Motion to Approve (Terry/Calhoon) Approve Resolution 2022-067
Terry clarified this resolution did not propose to sell the electric utility, but rather to get
ample public involvement on the pros and cons. There would be a discussion on several items such
as: quality of electric service, reasonable rates, safety and accessibility, timely response to inquiries,
and keeping the back-up generators in place.
Calhoon said this idea had been discussed many times over the past 20 years. He felt it was a
good idea to look at the options, and wanted everyone to understand this resolution was meant to
gather information. Ultimately, the people in Seward would make the decision.
Motion Passed
Other New Business Items
Unanimous
Non -Objection to the renewal of liquor license #5903 Restaurant/Eating Place — Public
Convenience for the Lone Chicharron Taqueria.
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DeMoss declared a potential conflict of interest because she was the owner of the building and
leased space to the restaurant. Mayor Terry ruled that a conflict of interest existed, with no
objection from council. DeMoss removed herself from the dais.
Motion (Terry/McClure) Non -Objection to the renewal of liquor
license#5903 for the Lone Chicharron
Taqueria.
Motion Passed
DeMoss returned to the dais.
INFORMATIONAL ITEMS AND REPORTS
National Small Business Week Proclamation.
Yes: McClure, Casagranda, Osenga,
Calhoon, Terry
No: None
Abstain: DeMoss
City Financials for the period ending December 31, 2021.
CITIZEN COMMENTS — None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Bower reported there was an excess revenue of $2.4 million in the general fund. There would
be an upcoming resolution to designate where those excess funds should go.
Casagranda thanked Tom Swann, Craig Ambrosiani and Cheryl Seese for all their service
and dedication to the city. She also wanted to give a shout out to the team from the Small Business
Development Center who stopped by recently to visit her business.
Calhoon announced that May 21, 2022 would be Armed Forces Day and would be part of the
Harbor Opening weekend. Tomorrow there was a burn ban taking effect on the Kenai Peninsula.
Calhoon thanked both Cindy Ecklund and Kat Sorensen for their excellent reports and thanked
Planning and Zoning Commission for their hard work. As for the proposed Hemlock Subdivision in
the Forest Acres Campground, he wanted to emphasize the importance of transparency and
community involvement.
Osenga thanked Cheryl Seese, Tom Swann and Craig Ambrosiani for their service to the
city. He thanked administration for their response to the landslide and to Miller's Landing for
transporting people on the water taxi. Osenga hoped Metco operators would be safe as they worked
in the hazardous landslide area.
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DeMoss thanked administration for their communication and response to the landslide.
McClure said the Bike Rodeo on Saturday was a big success. During the Super Saturday
Cleanup event, she was proud to have collected three bags of trash. McClure wanted to echo the burn
ban announcement and emphasize how it was really dry and windy right now. She was excited that
development was underway at the new animal shelter site.
Terry said there would be an email survey going around soon from Victus Advisors looking
for input on the proposed Seward Recreation Center. The recent school board resolution that was
passed would update the funding formula to better retain teachers and staff. The Seward High School
running track was in dismal condition and the only one on the Kenai Peninsula that had not been
recently replaced. She was glad to see criminal charges were brought in the Homer case of Anesha
"Duffy" Murnane disappearance and murder. Terry also thanked the Seward Police Department for
their careful amount of evidence and work in the Preston Atwood homicide case. She wanted to send
a clear message that criminal activity was not tolerated here in Seward.
ADJOURNMENT
The meeting was adjourned at 8:28 p.m.
Kris Peck
Deputy City Clerk
(City Seal)
Christy Terry
Mayor
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May 23, 2022 Volume 42, Page
CALL TO ORDER
The May 23, 2022 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Christy Terry.
OPENING CEREMONY
Deputy Police Chief Karl Schaefermeyer led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz DeMoss
Mike Calhoon
comprising a quorum of the Council; and
Janette Bower, City Manager
Kris Peck, Acting City Clerk
Excused— Wells
Absent — None
John Osenga
Ristine Casagranda
Ra*dy A�oii�
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Cheryl Seese, inside the city, wanted to recognize the Historic Preservation Awardee Mary
Tougas for her contributions to the Seward Community Library and Museum. Tougas was a driving
force in raising money and enthusiasm for the much -needed new facility, which was about to
celebrate its I Oh anniversary. The modern museum contained a new feature called climate control
which was essential for historic preservation. With the new facility in place there had been a lot of
effort to work on restoration and organization of historic documents. Many boxes of photos, artwork
and newspapers were mislabeled and suffered from water damage. Tougas had worked specifically
on recovering the Seward Gateway Newspapers from 1904-1946. These historic newspapers were
now organized in boxes and an index was created to go with it. The next step would be to create QR
codes for detailed information online. This project would be a great benefit to the research and
preservation of Seward's history.
Carol Griswold, inside the city, said the Board of Adjustment appeal hearing was buried in
the consent agenda. Appealing a zoning code by P&Z was not allowed by city code. The P&Z
decision to fail the plat was logical. The rezone would nullify the camping that was taking place right
now. The shortened timeline seemed more to do with convenience rather than an actual grievance.
The filing fee payment was received too late and going beyond 30-day window for the hearing did
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not follow code. Having an independent attorney to represent P&Z would not covered by the $300
filing fee.
Becky Dunn, outside the city, said there was a lot of land for sale within walking distance
that was just waiting to be subdivided. She was disappointed with the lack of public notice regarding
the subdivision in Forest Acres Campground. She wondered if an incentive could be established to
benefit anyone who rented a portion of their house as a year-round rental to help with the housing
crisis.
Joe Tougas, inside the city, said he had no opposition to the housing development idea in
Forest Acres.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Terry) Approval of Agenda and Consent Agenda
Calhoon removed Resolution 2022-070 and Resolution 2022-073 from the consent agenda.
Terry pulled the Wrestling Proclamation to allow the team and coaches to attend in person.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Resolution 2022-071, Authorizing The City Manager To Sign An Extension For The Special
Services Contract Between The City Of Seward And The Department Of Public Safety That
Provides Dispatch, Parking, And Clerical Services To Public Safety Employees In Seward,
And Access To Data Master For The Alaska State Troopers And Fish & Game Wildlife
Protection Officers For $36,000.
Resolution 2022-072, Approving Change Order 1 In The Amount $35,896.72 For The
Construction Contract With Harris Sand & Gravel For The North East Launch Ramp
Renovation Project, And Appropriating Funds.
Approval of the May 12, 2022 City Council Special Meeting Minutes.
Non -objection to the renewal of liquor license #3021 Restaurant/Eating Place for the Alaska
Seafood Grill.
Schedule a Board of Adjustment Appeal Hearing for Planning & Zoning Resolution 2022-010
on June 27, 2022 at 5:30 p.m.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
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National Safe Boating Week Proclamation
Memorial Day Proclamation
National Poppy Day Proclamation
Seward PRIDE Weekend Proclamation
City Manager Report. City Manager Janette Bower presented a timeline of the Lowell
Point landslide as a laydown for the meeting. She highlighted Metco's cautious and dangerous work
as they cleared the slide area of trees and boulders. During the road closure, Miller's Landing and
Aurora Charters provided water taxi service between Seward and Lowell Point. Bower was
cautiously optimistic the road would open on Friday, May 27, 2022 at noon. After Memorial Day
Weekend, the road would close for additional work on Tuesday, Wednesday and Thursday from 8:00
a.m. to 5:00 p.m. Bower emphasized this schedule was all subject to change at any moment. Metco's
vision of the road opening sounded very safe. The mountain base was taken back to rock so there
would be no more breakage. In the unlikely event that more rocks fell, there was a 10-foot deep
trench between the road and the mountain. Bower thanked everyone involved for their patience and
support to get this done. Terry expressed her admiration for Metco being a local business that could
step up to such a high level.
Terry asked about the status of a community survey for a proposed indoor recreation center.
Bower responded the survey would close on June 1, 2022 and there would be an article in the
Seward Journal with the results.
Terry asked if there was any objection to going past the date of June 13, 2022 for discussion
of the sale of the electric utilities. She felt it was too soon considering how much time had been spent
on the landslide. There was no objection from council.
Terry asked if there were any updates on the Greene Forensic audit. In response, Assistant
City Manager Steven Sowell said that administration met with Greene Forensic accounting and
Greene reported they needed authorization for additional staff time. Sowell authorized the extra time
along with permission to access all the city's records. Administration was awaiting the results.
Information Technology Manager Dustin Phillips said the Information Technology department
had assisted Greene Forensic with the audit report data. DeMoss asked about the user input data that
was previously reported missing. Phillips confirmed the user input data was still missing.
Casagranda noticed the May 17, 2022 Planning & Zoning work session was cancelled and
asked if there was a rescheduled date. Community Development Director Jason Bickling he hoped
to reschedule to June 14, 2022, but first wanted to confirm attendance among commissioners.
McClure asked for a hiring status update on the vacant Parks & Recreation Director position.
Bower responded the posting was closed and interviews had begun. Bower also mentioned that no
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one bid on the gardening services for Parks & Recreation, however there was some new interest in
the position.
Terry stated there would be a special meeting on July 11, 2022 at 5:30 p.m. regarding the top
three locations for the new public works shop.
Other Reports and Announcements — None
Presentations
Seward Wilderness Compost Project presentation by the Seward Wilderness Collective.
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2022-069, Approving The Lease For The Land Use Agreement Of Parcel #14403082
Located At 2617 Maple Street With Seward Wilderness Collective In Support Of Pilot Project:
Seward Compost, And Authorizing The City Manager To Reduce Lease Payment
Requirements For The Seward Wilderness Collective; Seward Compost.
Motion (McClure/Casagranda) Approve Resolution 2022-069
Sowell said the soil quality in Seward was not great and anything we could do to boost food
security in our community was a good idea. From his personal experience in Juneau, he lived three
blocks away from a similar compost setup and never even noticed it. Administration supported this
proj ect.
Notice of the public hearing beingposted and published as required by law was noted and the public
hearing was opened.
Trent Gould, inside the city, said composting programs and farmer's markets brought
incredible opportunities to this town. The Wilderness Collective had a good understanding of
wildlife and took these concerns very seriously. He thanked everyone for their consideration.
Lori Landstrom, outside the city, recalled how brown bears in her back yard had never
shown much interest in her compost piles. She supported this resolution. The community compost
would be a wonderful project in our town. It would be a shame to take up space in the Soldotna
landfill with food waste when it could be composted here instead. The lack of actual soil in Seward
was an issue. There was plenty of gravel here, but not good soil for gardening.
Joe Tougas, inside the city, said he was in support of the project, but not the location for it.
Wildlife and traffic would be problematic. He recommended the dump transfer site property as one
example of a more appropriate location. Tougas emphasized his support of the project itself, but
thought better locations were easily available.
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Sharyl Seese, inside the city, supported this project, but would like to see them talk to the
Kenai Peninsula Borough about using a location near the transfer site.
Cheryl Seese, inside the city, recalled how shocked she was by the soil shortage in Seward
for her garden. She was in full support of this project.
No one else appeared and the public hearing was closed.
Terry asked Gould if he had spoken to the Kenai Peninsula Borough about available land.
Gould responded they had asked and received no response.
Terry questioned why the operational set up wasn't in the lease agreement. Sowell responded
that specific operations may change over time. Administration tried to keep it simple by using a
typical lease agreement with the city attorney. Terry cautioned there would be no recourse for the city
if Wilderness Collective changed their operation, because it had not been specified in the lease.
Osenga believed the lease stated any parry could terminate the lease within 30 days. If
complaints start to mount, perhaps the city would have an option to terminate the lease. Osenga
expressed concern that a 10-year lease was a long commitment.
Council recessed the meeting at 8:19 p.m.
Council resumed the meeting at 8:25 p.m.
DeMoss already knew the owners of the Wilderness Collective and felt they were very
responsible. There were a lot of people who had compost piles in their yards that had likely gone
unnoticed by neighbors. She also trusted administration on the choice of land that they selected.
Calhoon said he supported the project, but questioned the location. The smell of the compost
was not a concern for him. He felt such a big piece of property being tied up for 10 years was
possibly not the best use for it. A different location or a shorter lease would be his preference. Based
on the fact that they were voting on the lease itself, he would not support the resolution at this time.
Casagranda suggested postponing the project until the administration could contact the
borough about using other property for this project. A shorter lease could also be considered.
McClure would be in favor of postponement in order to discuss a shorter lease and an
alternative location.
Motion to Postpone (Casagranda/McClure) Postpone Resolution 2022-069 to June 13,
2022.
Osenga felt there was educational and informative opportunities for residents to learn more
about the project. Currently, residents might not understand exactly what was being planned.
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DeMoss wanted to postpone and discuss a one-year lease for a pilot project with an option to
extend.
Casagranda wondered if an addendum could be included that had specifics on using sealed
compost containers.
Motion to Postpone Passed Unanimous
UNFINISHED BUSINESS — None
NEW BUSINESS
Resolutions
Resolution 2022-070, Authorizing The City Manager To Extend The Contract With Carmen
Jackson CPA, LLC For Finance And Accounting Services In An Amount Not To Exceed
$250,000 And Appropriating Funds.
Motion (McClure/Casagranda)
Approve Resolution 2022-070
Bower said in December, 2021, the contract with Carmen Jackson appropriated an estimated
amount of $125,000. Since then, she had hoped to hire a finance director; the city was also short
four other positions in the Finance Department. Carmen Jackson would be performing additional
duties to cover this staffing issue, which was the reason the appropriated funds had doubled to
$250,000.
Calhoon thanked Bower for clarifying the shortage of positions in the finance department was
having an impact on this contract.
DeMoss asked if a longer -term contract with a better rate had been discussed. Bower said she
had not asked about a longer -term contract yet, but she would reach out and get more information.
Terry clarified this contract would expire on December 31, 2022.
Motion Passed Unanimous
Resolution 2022-073, Authorizing The City Manager To Enter Into A Contract With
NorthStar Utilities Solutions (Harris Computers) For Technical Services For The Upgrade
And Migration Of The NorthStar CIS Software At A Cost Of $66,654 And Appropriating
Funds.
Motion (McClure/Osenga)
Approve Resolution 2022-073
Bower said this was a one-time cost and the city utility billing software was in need of an
update to the latest version.
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Casagranda asked how many years behind the city was in upgrading. Phillips said the last
time the software was upgraded was 2018.
Calhoon wanted make sure this contract was a one-time cost for the update. He hoped the city
would keep up with the upgrades and not get so far behind.
Motion Passed Unanimous
Other New Business Items — None
INFORMATIONAL ITEMS AND REPORTS
City Financials for the First Quarter of 2022 for the period ending March 31, 2022.
Happy Youth Programs & Educational Resources (HYPER) Financials for the period ending March
31, 2022.
CITIZEN COMMENTS
Cheryl Seese continued with her support of Mary Tougas who was delving into a collection
of 40,000 historic Seward photos to make them available online. The next historic preservation
award was going to Doug Capra for his research on Rockwell Kent. Capra had also written a one
hour play about Alaska Nellie. Capra's passion to share history had made him worthy to receive this
award.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Casagranda thanked Cheryl Seese for her passion for historic preservation. History could be
a tricky topic to get others excited about and the Historic Preservation commissioners had helped
showcase how cool local history was. She admired how they showcased a variety of topics such as
trees and people, as well as historic buildings.
Calhoon thanked all the volunteers who helped with Armed Forces Day. They had a great
hot dog feed at the Harbormaster's office. He thanked Metco, the water taxis and administration for
all the effort they put into the Lowell Point Road emergency. He congratulated Sharon Ganser for
being awarded Volunteer of the Year by the State of Alaska. Also, he a big thank you to Mary
Tougas, Doug Capra and the others involved with preserving Seward's history. Calhoon thanked
council for being able to slow down and make informed decisions.
Osenga was glad to see all the progress made on Lowell Point Road.
DeMoss thanked administration for their work on the landslide, in addition to all their regular
duties. She had received compliments from the organizers of the Mermaid Festival who were
thankful for the city's help with getting the parking lot ready. In regard to some of the more
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controversial issues that had come up at council meetings, she wondered if there was a better way to
get information out to the public so they didn't feel blindsided. DeMoss encouraged everyone to
spread the word that HYPER was creating a lot of opportunities for child care in Seward and this
would be a big help to the economy.
McClure echoed all comments. The Harbor Opening Weekend and Mermaid Festival were
both fantastic. The overall response to the landslide had been amazing.
Calhoon forgot to mention earlier that May 25, 2022 would be the annual Combat Fishing
Tournament. About 225-250 active duty personal from military installations around the state would
be coming to Seward for a free day of fishing. The American Legion had been involved in that
program since its creation 16 years ago.
Terry said Harbor Opening Weekend and the Mermaid Festival were a great way to start the
summer season. She thanked the borough, the state and the governor for being so attentive to the
Lowell Point Road landslide emergency. During this road closure, Lowell Point residents had gone
through some very hard times and it was important to be compassionate. Terry announced that she
had accepted a new job position with the Alaska Railroad in Anchorage. Her family planned to
relocate to Anchorage in the fall. She still intended to serve as mayor as long as possible during this
time while she remained a resident of Seward.
ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
Kris Peck
Acting City Clerk
(City Seal)
Christy Terry
Mayor
►AK3
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
CALL TO ORDER
The June 13, 2022 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Christy Terry.
OPENING CEREMONY
Police Chief Alan Nickell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz DeMoss
Mike Calhoon
comprising a quorum of the Council; and
Stephen Sowell, City Manager
Brenda Ballou, City Clerk
Excused — None
Absent — None
John Osenga
Ristine Casagranda
Randy Wells
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Carol Griswold, inside the city, wished to address the introduction of Ordinance 2022-008;
a change to the zoning code should be well advertised and discussed in a public work session, and
should not be limited to three minutes of citizen comments. She was concerned about the impact of
the changes proposed in this ordinance because she thought it would reduce space for on -site parking
for vehicles, RVs, and boats, and would reduce yard sizes for children and pets to play in. She
believed increasing density in the Auto Commercial (AC) and Central Business (CB) districts was
not a solution to the city's housing shortage. She encouraged council to vote no on this ordinance.
Sharyl Seese, inside the city, encouraged council to continue pursuing answers in relation to
the forensic audit.
Casie Warner, inside the city, commended Library Director Bailey Sayler for all the great
programs she was bringing to the community.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Osenga)
Approval of Agenda and Consent Agenda
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Terry moved the Cook Inlet Aquaculture Association (CIAA) report to June 27, 2022.
Terry moved the Executive Session to receive advice from the city attorney regarding the forensic
audit to June 27, 2022.
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Ordinance 2022-008, Amending Seward City Code 15.10.222 Development Requirements —
Table Notes, Letter E To Allow More Density In The Auto Commercial And Central Business
Zoning Districts. This ordinance was introduced tonight and will come for public hearing and
enactment on June 27, 2022.
Resolution 2022-075, Authorizing The City Manager To Appropriate Additional Funding In
The Amount Of $300,000 From Electric Reserves To The Contract With AK Tree Service,
LLC To Complete Transmission Right -Of -Way Clearing On Nash Road And To Remove
"Danger" Trees Along Targeted Sections Of The Seward Highway.
Resolution 2022-076, Authorizing The City Manager To Enter Into A Contract With Logic
Geophysics & Analytics LLC For Ground Penetrating Radar Services In The Amount Of
$22,291, Plus A 10% Contingency Of $2,229, For A Total Amount Not To Exceed $24,520.
Proclamations and Awards
Recognizing the Life Saving Efforts of Alan & Tammy Nickell and Asa "AX' Turner
Congratulating the Seward High School Wrestling Team for their accomplishments at
the Alaska State Wrestling Tournament
City Manager Report. Assistant City Manager Stephen Sowell expressed his appreciation
to everyone who worked on and helped with the Lowell Point Road landslide emergency. Although
the road was open, the city would continue to work with FEMA and the state to evaluate the
situation. Metco Alaska and Advanced Blasting were two of the businesses that had stepped in and
responded to the city's call for help, and he was very appreciative of that. He also thanked the public
for their patience. Sowell asked for an update from IT on the forensic audit.
Terry briefly interrupted the report to recognize Scott Beach for his life saving actions during
the May 30, 2022 highway accident.
Information Technology Director Dustin Phillips stated he had been working with the
financial software vendor, Harris, as well as the forensic audit firm, Greene, on trying to recover the
missing utility data. Phillips reported that once the data was determined to be missing, he worked
with Harris to determine if the data had been exported prior to being purged from the system, and
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where the data might have been saved. He said it was determined that the data would have been
saved locally to one or more hard drives on city computers; in response, Phillips examined every
computer he could find that might possibly contain the data and had been unable to find the data, but
had been unsuccessful. Subsequently, the forensic auditors requested data for the period immediately
following the missing data time period; Phillips had been able to export data from April, 2019
through the end of June, 2021 and provided it to Greene. Phillips continued that, originally, Harris
believed that a data purge would have been logged in the system; but they actually discovered that
the user information for the purge had not been logged into the system.
In response to Terry's inquiry about campground hiring, Sowell said the new Parks &
Recreation Director would start in a couple of weeks, and an offer had been made today for the
gardener position. The city manager had authorized overtime, and several employees from other
departments had been pitching in to help; Sowell was also taking over some of the director's
responsibilities temporarily to help out.
Terry asked if there was an opportunity to take a look at having campground hosts again. In
response, Sowell said the city hadn't stopped having the campground host program; historically,
there were three or four hosts that returned year over year, but since COVID, those hosts had not
returned. Sowell said campground hosts received a stipend, but it was essentially a non -paid position
and they were required to have availability throughout the day.
DeMoss was happy about the new hires, but was concerned that the summer was already
underway; she wondered if anyone could step in and get some flowers planted sooner rather than
later.
DeMoss said the street painting looked really good, and the potholes in the alleys looked bad.
In response, Sowell said public works would be addressing potholes in alleyways tomorrow; there
were drainage issues that needed to be tackled for a longer term solution.
DeMoss said, regarding the utility billing mistakes, she understood that a lot of the customers
who had been overcharged had been reimbursed. Now, she said, people were wondering how the city
was going to deal with customers who had been undercharged. In response, Electric Utility
Manager Rob Montgomery said customers who would be moving from Large General Service to
Small General Service would be transitioning over the next few weeks. In addition, there were 11
customers who would be moving from Small to Large, each of whom Montgomery said he had met
with or spoken with directly. This could be a substantial change for some of them, which they had
not had the opportunity to budget for in advance, so Montgomery said he would implement those
changes in September.
Terry reminded the public that current council packets were posted on the home page of the
city's website, and the city manager report was always included in the packet.
City Attorney Report. City Attorney Sam Severin (telephonically) said the firm had
assisted with the Seward Public Employees Association (SPEA) contract, had worked on a fire code
compliance issue, and had provided input on the short term rental discussion.
04i[y
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2022-074, Amending The Port & Harbor Tariff Regulations To Increase The Wait
List Fee, Labor And Personnel Charges, Boat Tow Fees, Travelift Fees And Wharf Demurrage
Rates Effective January 1, 2023.
Motion (McClure/Wells) Approve Resolution 2022-074
Harbormaster Norm Regis stated he had worked with the Port & Commerce Advisory
Board (PACAB) on the tariff, although some fees, like moorage rates, were adjusted annually, some
of these other rates had not been adjusted since 2007. Regis said the inflation rate was 26.85%, and
he had compared Seward's rates against Cordova, Valdez, and Homer, Alaska, as well as Port
Townsend, Washington.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared and the public hearing was closed.
Terry wondered about the impact of recent fuel cost increases, and whether the rates proposed
in this resolution were adequate to cover those increases. Regis hoped fuel prices would go down,
but thought the increases being proposed were adequate at this moment; he would be mindful of fuel
prices and bring back a mid -cycle budget amendment, if necessary.
Terry followed up to ask if the Consumer Price Index (CPI) rates should be tied to these rates,
or remain static with regular reviews. Regis said PACAB had posed a similar question, and after
some discussion on the pros and cons of both approaches, determined it was wise to revisit every five
years or so.
Motion Passed Unanimous
Resolution 2022-031, Authorizing The Sale Of Parcel #14502419 Containing 25.395 Acres To
The State Of Alaska Department Of Transportation And Public Facilities For The
Improvement Project NO. Z548570000 In Improving The Seward Airport For The Fair
Market Value (FMV) That Has Been Determined To Be $2,000. This resolution had public
hearings and was postponed on March 14, March 29, and April 25, 2022, and is coming back
tonight for a fourth public hearing and approval.
The original motion was made by McClure and seconded by Casagranda.
Sowell stated the city manager's recommendation at this time was to fail this resolution.
There had been an outcry of public opinion opposing this resolution over the sale price;
administration was exploring alternatives, like the possibility of trading this property with the
property on which the state has their streets shop.
►ArA
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
Notice ofthe public hearing being posted and published as required by law was noted and the public
hearing was opened.
Shauna Potocky, inside the city, stated she had sent council an email with an alternate idea
to the sale of the property; she suggested a land exchange with a conservation easement. She
believed a land exchange would be a great option and would be beneficial to the city and the
community on the whole. She thought it was important to protect wetlands for environmental
conservation purposes.
Carol Griswold, inside the city, said it was good news that the city manager requested
council fail this resolution. In her review of the information in the packet, she found the information
to be very confusing and choppy, which made it difficult to follow. She suggested that the current
perpetual easement be updated to return the easement to the public when the north runway was
abandoned. The property's appraised value was about one year old, and property values had changed
dramatically since then. Griswold requested that council either postpone or fail this resolution so that
documentation could be updated and clarified.
No one else appeared and the public hearing was closed.
Terry reiterated that she appreciated the state trying to respond to council's questions, but the
answers were very difficult to follow due to a confusing formatting. She also wished to have an
updated appraisal. Sowell said the city could conduct an appraisal, but the state reported they would
not be updating the appraisal.
Wells said he spoke to a representative from the Alaska Department of Transportation (DOT)
today who stated the state would not be starting the project for the foreseeable future due to ongoing
negotiations with other adjacent property owners. Wells said there was no guarantee that the state
would ever do the project.
Terry stated the airport runways needed to be repaired and this resolution, in no way, should
impact the state's responsibility to maintain the runways.
Motion Failed Unanimous
Resolution 2022-069, Approving The Lease For The Land Use Agreement Of Parcel #14403082
Located At 2617 Maple Street With Seward Wilderness Collective In Support Of Pilot Project:
Seward Compost, And Authorizing The City Manager To Reduce Lease Payment
Requirements For The Seward Wilderness Collective; Seward Compost. This resolution had a
public hearing and was postponed on May 23, 2022 and is coming back tonight for a second public
hearing and approval.
The original motion was made by McClure and seconded by Casagranda.
Sowell stated there was new documentation in the packet wherein the term of the lease had
PA
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
been reduced from ten years to two, with options to extend.
Notice ofthe public hearing being posted and published as required by law was noted and the public
hearing was opened.
Sarah Tougas, inside the city, lived in Forest Acres and had small children. She regularly
had brown bears and black bears in her yard, and sometimes coyotes visited. She had spoken with
Fish & Game who told her compost sites were attractive to bears, even if the compost was in
containers. She asked if Alaska Waste could be contacted as an alternative site, or the University of
Alaska (UA) which owned 110 acres adjacent to the landfill. She also suggested the program start
with commercial users initially, and expand in the future to include residential use. Perhaps a drop
site at Mariners Memorial where wildlife virtually never visited could be considered. She wished the
city would require a wildlife mitigation plan from the business. She opposed the location and the five
gallon bucket idea, but not the project itself.
Carrie Lunardi, inside the city, lived in the Forest Acres neighborhood and had small
children. She thought the landfill nearby was a natural bear attractant, and having a compost site in
the neighborhood would result in even more wildlife. She didn't think the process for this lease had
been transparent and was not aware that the community had been engaged to provide input. She
wondered what education program would be available for users of the compost site.
Carol Griswold, inside the city, was concerned about the compost project, even though she
did not live in Forest Acres. She thought bear proof containers should be required, or else animals
and birds could get in. She wondered how many people a compost pile of this size could serve, and
thought the landfill was the most appropriate location for this project. She thought the lease
reduction was good, but believed the lease should be renewed on an annual basis. She wondered how
the compost would be handled when it was frozen throughout the winter months, and how many
restaurants would be willing to pay for pick up service. She thought this was a great project, but the
wrong location.
Trent Gould, inside the city, represented the Seward Wilderness Collective. Gould said the
borough had been contacted about using space at the landfill, but the borough was not interested in
leasing any land for this project. He said they took wildlife concerns very seriously. Several Alaskan
communities had composting projects underway that were successful. Gould said food security was a
major concern for Sewardites; the land here did not support farming.
Lori Landstrom, outside the city, was the chair of Sustainable Seward and fully supported
this resolution. Good soil in Seward was hard to come by; soil had to be brought in or created
through composting. She was disappointed that the borough was not interested in leasing property.
She encouraged everyone to look at in -vessel systems, which would mitigate wildlife concerns.
Landstrom often had bears visit her neighborhood at Bear Lake, but had never had an issue with
bears getting into her compost; the bears had sniffed at her compost, but had never gotten into it. She
encouraged council to approve this resolution and give the project a try.
041*1
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
Casie Warner, inside the city, lived in Forest Acres and supported this project in the location
being proposed. She didn't believe the project would increase any risk to her home or her children.
Jarad Groom, inside the city, said there were children everywhere. Besides the wildlife
concerns, what bothered him the most was that the community had been unaware of this project; the
community should have been notified. He thought the city was shoving this project through with late
night meetings, and was upset that the neighborhood had not been notified.
Bethane Groom, inside the city, lived in Forest Acres and had small children. She did not
believe enough research on the potential wildlife impact had been conducted to indicate this was a
safe project to have inside the neighborhood. She contacted Alaska Waste in Anchorage about their
compost location and they had told her the site had attracted additional wildlife.
Steve Lemme, inside the city, did not supportthis resolution because of the location. He fully
supported the project, but not the location being proposed. He said bears could smell odors 2,000
times more than humans; he was sure the odors would attract bears, even if humans could not smell
anything. He wondered where the sites were located in other communities; were they in
neighborhoods or in remote areas. He thought one restaurant or food truck would easily fill a five
gallon bucket every day, and wondered how long one bucket would take to decompose as compost.
He wished the location could be moved to an out of town area, away from neighborhoods.
Susie Urbach, inside the city, lived in Forest Acres and supported the project, but thought
the proposed location was not good. She recalled the wildlife activity at the landfill back when they
garbage used to be buried there. She wished a new more appropriate site could be found.
Becky Dunn, inside the city, suggested that someone from the city should contact the
borough to see what the reasons were for turning down having the compost located at the landfill.
She was concerned that food items being composted in the neighborhood would be attractive to
wildlife, and wondered how the site would be secured.
Analeise Kupfrian, inside the city, just moved to Forest Acres. She fully supported
composting but didn't think it was appropriate to locate it inside of a residential neighborhood.
Steve Severin, inside the city, lived in Forest Acres, and was aware of bear activity
throughout the neighborhood. There were lots of children in the neighborhood.
No one else appeared and the public hearing was closed.
Calhoon wondered why the lease indicated the property would be signed as a food bank; he
didn't understand why that would be the case. He said Claire Marshalek from the DOT stated in an
email that she had spoken to several council members, and he asked council to share those
conversations with the group. He thought it might be wise to talk to the borough directly, perhaps
someone beyond the solid waste director. He was hearing clearly from the citizens that they
supported the project, but not the location.
220
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
Casagranda said she had spoken with Claire Marshalek and was concerned about the
proposed location. She would support the idea of the city reaching out to the borough about the
location.
Wells had spoken with Claire Marshalek and wondered where the business plan was for the
project. Wells said buckets would have to be held inside buildings until pick-ups were scheduled or
else birds and animals would get into it. Wells encouraged the compost group to work with Kelly
Ann Cavaretta at the Small Business Development Center to create a business plan.
McClure had been contacted by Claire Marshalek and had discussed the location. She
supported the project, and believed the borough could provide land, or else the university. She did
not support the current neighborhood location. She was concerned about the number of people who
spoke up about not being aware of this project.
Terry encouraged that people sign up for the city clerk's email list by sending a request to
clerk@cityofseward.net. She said there was a weekly email that was sent out, and the information
was also published in the newspaper.
Casagranda requested a letter of support be sent from administration to both the borough and
the university to locate the composting site nearer to the existing landfill. There was unanimous
consent from council.
Motion Failed
INFORMATIONAL ITEMS AND REPORTS
Yes: DeMoss
No: Calhoon, Casagranda, Wells, McClure,
Osenga, Terry
Follow up information for Happy Youth Programs & Educational Resources (HYPER) Financials
for the period ending March 31, 2022.
CITIZEN COMMENTS — None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Sowell said he would dedicate his attention to providing the community with more and better
communications.
Wells appreciated all the emails and input from the public.
Calhoon appreciated all the public involvement on everything. He thanked Alan and Tammy
Nickell, Scott Beach, and Asa Turner for their life saving efforts. He thanked the Electric
Department for responding to a recent electric issue. He was excited to see the construction
poll
City of Seward, Alaska City Council Meeting Minutes
June 13, 2022 Volume 42, Page
happening at the new animal shelter. Tomorrow was Flag Day, and there would be a flag retirement
ceremony at the American Legion.
Casagranda thanked everyone who attended the meeting tonight.
Osenga was grateful for first responders. He congratulated the wrestling team.
McClure congratulated the wrestling team. She announced that there would be a cemetery
tour on June 21, 2022 at 10:30 p.m. On the same day, her mother would celebrate her 92nd birthday;
her mother had been born in Seward. She encouraged everyone to be careful on the roads because
there were a lot of visitors in town.
Terry said the Seward airport was critical to the safety and security of the
community; she wanted the state to handle the project correctly. On June 20, 2022 would be
Juneteenth which celebrated the last day of slavery following the civil war.
ADJOURNMENT
The meeting was adjourned at 8:49 p.m.
Brenda Ballou, MMC
City Clerk
(City Seal)
Christy Terry
Mayor
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Governor Michael J. Dunleavy
STATE OF ALASKA
June 14, 2022
Mr. Asa Turner
P.O. Box 1353
Seward, AK 99664
Dear Mr. Turner,
I write to thank you for your selfless actions on May 30, 2022, as you
provided life-saving support to motorists who were trapped in a fiery wreck,
and again on June 7, 2022, as you rendered aid to another individual suffering
from a wreck.
The quality of your character was made evident in the moment you recognized
what was at stake as people were trapped inside a vehicle with their lives at
risk. Without hesitation, you took action to extract the individuals from the
vehicle, and for that, I extend my deepest gratitude. Your actions serve as an
incredible example of the true Alaskan spirit.
Please accept my appreciation for your courageous actions, and my sincere
respect for elevating the well-being of others above your own.
Sincerely,
Mike Dunleavy
Governor
224
STATE CAPITOL • PO Box 110001 Juneau, Alaska 99811-0001
►ard Prevention Coalition - HYPER City Dona
Statement of Financial Position
As of May 31, 2022
Day Care City
Donation
ASSETS
Current Assets
Bank Accounts
Edward Jones Investments
400,000.00
FNBA Checking
66,886.56
FNBA Community Garden Checking
FNBA Recycling Checking
Homeless Connection Checking
Total Bank Accounts
$
466,886.66
Accounts Receivable
Grants/Contracts Receivable
Total Accounts Receivable
$
0.00
Other Current Assets
Prepaid Expenses
Unearned Revenue - State Grants
Workers Comp Prepayment
0.00
Total Other Current Assets
$
0.00
Total Current Assets
$
466,886.66
TOTAL ASSETS
$
466,886.66
LIABILITIES AND EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable (A/P)
Total Accounts Payable
$
0.00
Other Current Liabilities
Direct Deposit Payable
Payroll Liabilities
AK Unemployment Tax
13.52
Federal Taxes (941/944)
206.27
Wages Payable
721.83
Total Payroll Liabilities
$
941.62
Total Other Current Liabilities
$
941.62
Total Current Liabilities
$
941.62
Total Liabilities
$
941.62
Equity
Retained Earnings
Net Revenue
465,944.94
Total Equity
$
466,944.94
TOTAL LIABILITIES AND EQUITY
$
466,886.66
225
Thursday, Jun 16, 2022 01:54:46 PM GMT-7 - Accrual Basis
04,:
Seward Prevention Coalition - HYPER City Donation
Statement of Activity
July 2021 - May 2022
TOTAL
Revenue
Donations
500,000.00
Total Revenue
$500,000.00
GROSS PROFIT
$500,000.00
Expenditures
Administrative Overhead Exp
15,000.00
Other Expenses
Advertising/Sponsorship
3,472.00
Contract Services
0.00
Total Other Expenses
3,472.00
Payroll Expenses
Taxes
1,199.45
Wages
13,866.72
Workers Comp
400.32
Total Payroll Expenses
15,466.49
Supplies
116.57
Total Expenditures
$34,055.06
NET OPERATING REVENUE
$465,944.94
NET REVENUE
$465,944.94
227
Accrual Basis Thursday, June 16, 2022 12:51 PM GMT-08:00 1/1
Memorandum
Date: June 27, 2022
From: Brenda Ballou, City Clerk
RE: City Clerk's Travel Report
From May 22-25, 2022, I attended the International Institute of Municipal Clerks (IIMC) annual
conference in Little Rock, Arkansas. There were approximately 900 attendees from across the US,
plus delegates from five foreign countries.
I had the honor of representing the State of Alaska by carrying the state flag during the opening
ceremonies. It's an impactful way to open the conference, having 50 state flags walked into the
room, followed by the flags and national anthems from the foreign countries.
Following the opening ceremonies on Monday morning, there was a general session for everyone
which featured a speaker who presented about collaboration, culture, creativity, and commitment.
The afternoon session I attended was focused on the practice of strategic thinking, and involved
an interesting exercise where we were given a set time and instructed to take notes on a problem
we were trying to tackle but without judging the viability of the thoughts —just think of the problem
and start brainstorming notes. It turned out to be an eye-opening exercise that the instructor
encouraged us to use as part of a daily practice. Monday evening we were shuttled to the William
Clinton Memorial Library for the Region IX dinner (Region 9 is Alaska, Washington, Oregon,
Hawaii).
Tuesday morning I attended a session about the new hybrid work environment, and learned some
best practices about remote meetings and work. My next session was put on by the Cybersecurity
and Infrastructure Security Agency (CISA) and involved election security, as well as general
information about electronic security threats in the form of ransomware, phishing, and
mis/dis/malinformation which threatens government security. My last session that day addressed
records management and best practices for proper permanent record storage. That evening, a group
of Alaska clerks had dinner together and then attended the All Conference Event which featured a
live band.
Wednesday morning kicked off with the IIMC Business Meeting and swearing in new officers.
Valdez City Clerk Sheri Pierce completed her term as IIMC President, and was pleased to
announce a new program called "Beyond the MMC" which creates a continuing education
program for clerks who have accomplished their MMC but remain dedicated to continuing
education. We are all so very proud of her. Afterwards, I attended a session on cybersecurity where
they discussed several cases of municipalities that fell victim to ransomware, as well as
preventative measures to take. Based on what was discussed, my impression was that the City of
Seward's IT director is doing a really good j ob at safeguarding the city's systems. My next session
related to the impact of the COVID pandemic on the public, and how critical it is for people in
service to be resilient. My last independent session dealt with transparency and open meetings
228
requirements, and was put on by several clerks who had interesting and challenging experiences
in ensuring public access to meetings during COVID closures. The afternoon concluded with
another general session put on by one of the most dynamic speakers I have ever seen, Clint Pulver.
He is a professional drummer (he actually played several times throughout his presentation on his
drum set on stage), an author, and a professional speaker, among other things. His key message
dealt with identifying and developing the gifts and talents that each individual brings to the table
to create effective teams. Very dynamic and interesting presenter. The evening ended with the
annual banquet and presentation of awards and recognitions.
My travel is done for a while. I will attend the Oregon Association of Municipal Recorders
(OAMR) annual conference in Oregon in September, and then end my year as president of the
Alaska Association of Municipal Clerks (AAMC) at our annual conference in December.
229
June 22, 2022
Kris Peck
Deputy City Clerk Travel Report
In early June, I was fortunate to attend the Northwest Clerks Institute
Professional Development training in Tacoma, Washington. The training was
located on the picturesque college campus of the University of Puget Sound.
Spotless grey pathways weaved together a network of immaculate green lawns
and regal red brick buildings. The on -campus dorm rooms and dining hall
provided convenient room & board for visiting clerks.
The 60 attendees were exclusively from the northwest states of Alaska,
Oregon and Washington. It was a great networking opportunity to meet and
connect with peers in the municipal clerking field. There were 15 other Alaskans
present from a wide range of communities across the state including Soldotna,
Anchorage, Kodiak, Sand Point, and Fairbanks. Although none of us had ever met
previously, we quickly became friends through team building exercises and
common shared experiences from our profession.
During the week, there was a wide variety of topics and guest speakers who
were experts in their field. For example, the 4-hour course on records
management was taught by the actual clerk for the City of Seattle. Other courses
covered relevant topics such a parliamentary procedure, effective business
writing, roles of the clerk, and legal issues specific to which state we were from.
Broader topics were covered as well such as complex ethics issues and ways to
provide excellent customer service.
This Professional Development Course was part one of four and they all
count towards obtaining my CIVIC (Certified Municipal Clerk). I am looking forward
to attending Professional Development II in June 2023 and furthering my
education with this same "graduating class" group of municipal clerks.
0916,
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7:00am Special
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CANCELLED -
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Board of
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Land Plan
Appeal
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Hearin
7:00pm CC Mtg
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HOLIDAY
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5:30pm CC
Special Mtg
2023 2024
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Aug 1
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7:00pm P&Z
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7:00pm CC Mtg
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ELECTION
DAY - State
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