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HomeMy WebLinkAbout05082023 City Council Meeting Packet Seward City Council Agenda Packet rAILIII r rl Do '& Bay, J , /74 7 Monday, May 8, 2023 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA r� City Council Chambers,410 Adams Street k Please silence all cell phones during the meeting Mayor Sue McClure Council Member Randy Wells City Manager Janette Bower Vice Mayor John Osenga Council Member Kevin Finch City Clerk Brenda Ballou Council Member Liz DeMoss Council Member Robert Barnwell City Attorney Brooks Chandler Council Member Mike Calhoon Monday,May 8,2023 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member requests. In the event ofsuch a request, the item is returned to the Regular Agenda) 6. SPECIAL ORDERS,PRESENTATIONS AND AWARDS A. Proclamations and Awards 1. National Safe Boating Week Proclamation. ...... ................................................ Pg. 4 B. City Manager Report .............................................................................. Pg. 5 C. City Clerk Report .................................................................................. Pg. 62 D. City Attorney Report ............................................................................. Pg. 63 E. Other Reports and Announcements 1. Port& Commerce Advisory Board (PACAB) Report by Chair Bruce Jaffa. (Verbal report) F. Presentations —None 1 7. CONSENT AGENDA A. Minutes of Preceding Meeting *1. Approval of the April 24, 2023 City Council Special Meeting Minutes. ...................... Pg. 65 *2. Approval of the April 24, 2023 City Council Regular Meeting Minutes. ..................... Pg. 68 *3. Approval of the April 27, 2023 City Council Special Meeting Minutes. ..................... Pg. 75 B. Introduction of Ordinances —None C. Resolutions *1. Resolution 2023-051, Authorizing The City Manager To Purchase A New Electric Control Panel In A Not-To-Exceed Amount Of$158,450, Including Shipping. .............................. Pg. 78 *2. Resolution 2023-052, Authorizing The City Manager To Enter Into A Contract With Electric Power Constructors, Inc. (EPC) In A Not-To-Exceed Amount Of $3,595,106.62 To Replace Aging Equipment And Upgrade The Voltage Capacity To 115kV At The Fort Raymond Substation. ............................................................................................ Pg. 85 *3. Resolution 2023-053,Approving The Memorandum Of Agreement To Serve As A Pass-Through Agency For Seward Prevention Coalition For The State Of Alaska, Healthy & Equitable Communities Grant And Submission Of The Grant Application By Seward Prevention Coalition. ........................................................................................................... Pg. 97 *4. Resolution 2023-054, Authorizing The City Manager To Enter Into A Contract With Util-Assist, Inc. To Outsource The City's Customer Billing Services For Electric And Water/Sewer In An Amount Not To Exceed $138,000, Including A One-Time Fee Of$36,000 To Complete Onsite Discovery, Due Diligence And Training. ........................................................ Pg. 123 *5. Resolution 2023-055, Adopting The 2023 And 2024 Pay Plans. ............................. Pg. 155 *6. Resolution 2023-056,Approving An Employment Agreement Between The City Of Seward And Kris Peck For City Clerk Services. ................................................................ Pg. 163 *7. Resolution 2023-057, Clarifying Intended Uses For The ARPA Local Government Lost Revenue Relief Program ("LGLRRP") From The Alaska Department Of Commerce, Community And Economic Development To Offset Significant Revenue Loss Due To The COVID-19 Public HealthEmergency. ................................................................................. Pg. 170 *8. Resolution 2023-058, Adopting Personnel Policy 92023-01: Phone Use And Recording Policy. ......................................................................................................... Pg. 178 *9. Resolution 2023-059, Adopting Personnel Policy 92023-02: Training Expense Policy. Pg. 183 *10. Resolution 2023-060, Adopting Personnel Policy 92023-03: Travel, Reimbursement, And VehicleUse Policy. ................................................................................. Pg. 188 *11. Resolution 2023-061, Adopting Personnel Policy 92023-04: Field Training Officer Premium PayPolicy. .......................................................................................... Pg. 198 D. Action Memoranda —None E. Other Items *1. Certify the results of the May 2, 2023 City of Seward SPECIAL Municipal Election. ... Pg. 203 8. PUBLIC HEARINGS A. Ordinances for Enactment 2 1. Ordinance 2023-010, Amending Seward City Code Title 9—Health And Safety For The City Of Seward Recodification Project. This ordinance was introduced on April 24, 2023 and is coming tonight for public hearing and enactment. ....................................................... Pg. 208 2. Ordinance 2023-011, Amending Seward City Code Title 10—Public Peace, Morals And Welfare For The City Of Seward Recodification Project. This ordinance was introduced on April 24, 2023 and is coming tonight for public hearing and enactment. ..................................... Pg. 368 3. Ordinance 2023-012, Amending Seward City Code Title 3 — Personnel. This ordinance was introduced on April 24, 2023 and is coming tonight for public hearing and enactment. Pg. 379 4. Ordinance 2023-013, Enacting Seward City Code, Section 3.50.040 - Floating Holiday. This ordinance was introduced on April 24, 2023 and is coming tonight for public hearing and enactment. ........................................................................................... Pg. 431 5. Ordinance 2023-014, Amending Seward City Code, Chapter 2.30 - Boards and Commissions. This ordinance was introduced on April 24, 2023 and is coming tonight for public hearing and enactment. ............................................................................................ Pg. 435 B. Resolutions Requiring Public Hearing 1. Resolution 2023-050, Amending The Harmon Developer Reimbursement Program Application From The "Reimbursement Method" To The "Assessment District Method" And Appropriating $161,565, The Other Half Of The Estimated Cost Of Improvements. ....................... Pg. 445 9. UNFINISHED BUSINESS —None 10. NEW BUSINESS A. Resolutions B. Action Memoranda —None C. Other New Business 1. Appoint Thomas Miller to the Port & Commerce Advisory Board with a term to expire July, 2023 OR July, 2026. ............................................................................... Pg. 456 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes —None B. Other Items —None 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION 15.ADJOURNMENT 3 PROCLAMATION �r WHEREAS, weather and sea conditions in Alaska waters present dangers year- round, making boating activity risky for the unprepared, as well as individuals who are uneducated on the proper safety precautions necessary for safe boating; and WHEREAS, on average, 650 people die each year in boating-related accidents in the U.S.; approximately 80 percent of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they seen the "Kids Don't Float" boards posted at the top of each ramp in the harbor and had worn their life jackets; and WHEREAS, it is recommended that individuals wear life jackets and use their marine radios, as well as be aware of the safety programs offered in Seward, such as the US Coast Guard Auxiliary's free vessel exams performed by Seward Flotilla. NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska do hereby proclaim the week of May 20-26, 2023, as: National Safe Boating Week and encourage everyone to become educated on the proper safety precautions necessary for safe boating and do their best to implement them. Dated this 81h day of May, 2023 THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 4 City of Seward City Manager's Report May 8, 2023 Mayor McClure and Council Members, I have truly enjoyed serving the Seward citizens. Seward is an amazing place, filled with amazing people. I have enjoyed representing Seward at both the state and federal levels. Seward is well respected at both levels. Because of this respect, Seward is positioned to continue working favorably with legislators towards a common goal: continuing to improve our local and state economies. I have been blessed to work with a council that is forward thinking and understands the responsibilities regarding the decisions made today, affecting the community well into the future. The council truly cares about the community and takes on the tough issues. I have also been blessed to work with wonderful department directors and employees. These people care about Seward and work hard for the community! Thank you Mayor and Council for thoughtfully considering options this evening and in the future to enhance the employee pay plan and benefit package. While this is my last meeting, I will continue to cheer you on from the other side of the Peninsula. I look forward to collaborating with your new manager through the Alaska Municipal Managers Association and the Kenai Peninsula Municipal Managers Association monthly meetings. There are so many wonderful things happening in this community and under your leadership, those things will continue and there will be even more good things in the future. Confluence Strategies The Confluence Strategies weekly status report is attached. Board and Commission Attendance Attached is the Board and Commission attendance record. US Navy Attached is information regarding the Northern Edge Exercises and the Marine Species Monitoring Program in the Gulf of Alaska. Purchase Orders 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. Department Order Date Vendor Description Amount WATER 5i01j2023 CORE A VD MAIN Ll '!aatpr Department-Replacing-ire Hydrant on Coolidge&Sewer Covp_rj Cla_arou-R7�and Cover. 7,524.03 ROADS AND STREETS 5j C1J2C23 NORTHSTAR SUc�LY,LLC Streets Department Operating Supplies-Calcium Chloride for dust control.x7 pa e.s of 2,2041b Super 7,714.00 sack of Calcium Chloride ELECTRIC ADMIN 4113j2023 ELECTRIC.DOWER Install of control parel forthe temporary skid mounted substation for lnfras.rucure pro:ect 15,COO.CC COVSTRUCTORS,INC. SMIC GENERAL 4j18j2023 ALAS(A INDUSTRIAL HARDWARE 2 ea Hotsy 87155�reesurp veashprs and 1 Hotsy BPHW4013HG 16,031.77 INC ELECTRIC ADMIN 4113%2023 DOTELCOM SU—LY INC Insulators for nfrasruc.ure Drdec. 1 29,795.CC Thank you, J*7.— Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Thank you to City Council for approving Resolution 2023-0035 which provided the City Manager authorization to approve R&M Engineering Task Order 2734.25.03. Following this approval, we have continued to work on the facility design. Our goal is to complete the 35% design by the end of June. Once this work is completed, City Administration will bring back a project update to City Council, which will include a cost estimate. We will continue to work with our Federal Lobbyist on obtaining Federal Funding through Congressionally Designated Spending (CDS) with the goal of 75% funding for the project. Voter approval will be needed at some point in the future to obtain bond approval, possibly on the October ballot or a future Special Election. Attached is a copy of the current project schedule. ➢ Public Safety Needs Assessment: Thank you again to City Council for approving the task order to move this project forward. The Engineering and Design Team will be on site in Seward May 9-12 to conduct interviews with the Fire Department and Police Department Staff as well as visit the current facilities. ➢ The Board and Commission Attendance Tracker is included in this report. ➢ On April 19t", we hosted the Navy Commander and his staff and visited the Harbor and SMIC. This was a great opportunity to showcase Seward to the Navy Commander and discuss Navy operations in our area and the upcoming Northern Edge Exercises. A copy of their outreach and program brochures is attached to this report. Thanks again to Mayor McClure and the Deputy Harbormaster for participating in this tour. ➢ I was out of the office on vacation from April 30-May 7t" ➢ Today is the last Council Meeting for Janette and I want to express my thanks to her for all of her hard work the past two years. I wish her the best as she moves to Soldotna and look forward to collaborating with her on issues that affect the entire Kenai Peninsula. Thank you for all you have done Janette! 6 City of Seward - Human Resources Manager Report Staffing Information # of Department Job Title Positions Filled Administration City Manager 1 1 Assistant City Manager 1 1 Human Resources Manager 1 1 Executive Assistant 1 1 TOTAL: 4 4 Finance Director - unfunded for 2023 1 0 Deputy Finance Director 1 1 Senior Accountant 1 1 Accounting Technician III 1 1 Accounting Technician II 1 0 Accounting Technician - Utilities 2 1 Accounting Tech Payroll 1 0 Accounting Tech Accounts Payable 1 1 TOTAL: 9 5 Public Works Director 1 1 Street Foreman 1 1 Maintenance Mechanic 3 3 Executive Assistant 1 1 Shop Foreman 1 1 Water and Wastewater Foreman 1 1 Water and Wastewater Operator 3 3 Custodian 2 2 TOTAL: 13 13 Community Development Director 1 1 Planner 1 1 GIS Technician 1 1 TOTAL: 3 3 Electric Director 1 1 Operations Supervisor 1 1 Field Engineer 1 1 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 10 Fire Department Chief 1 1 Deputy Chief 1 1 Executive Assistant 1 1 Building Official 1 1 Building Fire Inspector 1 1 Firefighter/EMT 1 1 Seasonal - Summer Laborer 1 0 TOTAL: 7 6 # of Department Job Title Positions Filled Harbor Harbor Master 1 1 Deputy Harbor Master 1 1 Office Manager 1 1 Executive Assistant 2 2 Harbor Worker II 6 6 Harbor Worker III 1 1 Seasonal - Summer Laborer Part-Time 1 1 Seasonal - Summer Laborer Full-Time 1 1 TOTAL: 14 14 IT Director 1 1 Senior IT Tech 1 1 IT Technician 1 1 TOTAL: 3 3 Library Director 1 1 Assitant Library Director 1 1 Library Technician 1 1 Curator 1 1 Library Aide 1 1 Seasonal - Aides 2 1 TOTAL: 7 6 Police Chief 1 1 Deputy Chief 1 1 Sergeant 1 1 Executive Assistant 1 1 Patrol Officer 7 6 Patrol Officer not funded 1 0 Corrections Sergeant 1 1 Corrections Officer 4 3 Corrections Officer not funded 1 0 Dispatch Supervisor 1 1 Dispatcher 5 4 Animal Control Officer 1 1 Animal Control Officer Assistant 1 1 DMV Clerk 1 1 TOTAL: 27 22 Parks & Recreation Director 1 1 Deputy Director 1 1 Executive Assistant 1 1 Campground Coordinator 1 1 Program Coordinator 1 1 Recreational Assistant 1 1 Maintenance Technician 1 1 Seasonal - Summer 15 4 Seasonal - Winter 2 2 TOTAL: 24 13 8 # of Department Job Title Positions Filled City Clerk's Office City Clerk 1 1 Deputy City Clerk 1 1 Executive Assistant 1 1 TOTAL: 3 3 Total number of authorized positions: 124 Total number of filled positions: 102 9 CO11flucnee Strategics City of Seward Alaska Weekly Session Report 2023 Legislative Session 33rd Legislature- 1st Session April30, 2023 Legislature Majority press releases&announcements: Senate Majority Senate Finance Introduces Operating and Capital Budget Substitutes Budgets Balance with Approximately$90 Million in Surplus Without a Constitutional Budget Reserve Draw JUNEAU - The Senate Finance Committee introduced a committee substitute for the state's operating budget this afternoon. The new committee substitute provides a permanent fund dividend consistent with a 75/25 percent of market value (POMV) split of the annual earnings,translating to an approximate $1,304 dividend. The committee substitute also increases the funds going to K-12 education by$174.9 million, or roughly equivalent to a $680 per student increase. "This is a responsible budget that considers the services Alaskans expect while living within our revenue projections," said Senator Bert Stedman, R-Sitka, Operating Budget Chair of the Senate Finance Committee. "The constitution mandates us to deliver to the governor a balanced budget. Within the confines of the spring revenue forecast and not dipping into our perilously low reserves, we balance the budget with the potential opportunity of revisiting it next January to deal with further maintenance and capital needs." P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 10 Confluence Strategies The operating budget is balanced based on the spring forecast revenue projections of an average of$73 per barrel of oil in fiscal year 2024. The combined operating and capital budgets leave an approximate $90 million surplus, which represents about a $1 shift in the average price of oil. Next year,the legislature can adjust funding based on actual revenue, rather than projected. The current projection for the Constitutional Budget Reserve Fund (CBR) balance for the start of fiscal year 2024 is $2.4 billion. If additional revenues are generated that exceed the spring revenue forecast, the committee substitute appropriates the first billion dollars to the CBR.After the CBR deposit, if revenue comes in even higher,then up to $1.1 billion will be deposited into the Public Education Fund to forward fund education. In addition,yesterday,the Senate Finance Committee introduced a new committee substitute for the capital budget, Senate Bill 41,which prioritizes $30 million for major school maintenance and $32 million for the University of Alaska's capital needs.While constructing the capital budget, the Senate Finance Committee took into consideration four goals: 1) Capture as many federal funds and provide grant writers for communities the ability to secure federal grants, 2) establish food security and resource preservation, 3) strengthen state-wide energy programs, and 4) address our deferred maintenance needs. "We have limited resources to work with, making this capital budget one of the smallest we have seen in a long time. But we have focused on putting in money for major maintenance for schools and the university system to prioritize our existing structures," said Senator Lyman Hoffman. D-Bethel, Capital Budget Chair of the Senate Finance Committee. "We've chosen not to do any individual district projects, but are concentrating on shoring up statewide existing infrastructure." Bills Introduced This Week: SENATE Bill Short Title Prime Sponsor(s) SB 135 ALASKA WORK AND SAVE PLAN SENATOR WIELECHOWSKI SB 136 TEACHER CERTIFICATES:PREPARATION PROGRAM SENATOR OLSON SB 137 REFINED FUEL SURCHARGE SENATOR GIESSEL SB 138 ELECTIONS;VOTER REG.;CAMPAIGNS SENATE STATE AFFAIRS SB 139 TRAPPING CABINS ON STATE LAND SENATOR BISHOP SB 140 INTERNET FOR SCHOOLS SENATOR HOFFMAN P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 11 Confluence Strategies HOUSE Bill Short Title Prime Sponsor(s) HB 168 ALCOHOL SALES:LOCAL OPTION REPRESENTATIVE FOSTER HB 169 FISH ENHANCEMENT PERMITS REPRESENTATIVE CRONK HB 170 MISUSE OF PUB.OFFICER OFFICIAL POSITION REPRESENTATIVE CRONK HB 171 OPIOID REMEDIATION FUNDS HOUSE RULES BY REQUEST OF THE GOVERNOR HB 172 EXTEND STATE MEDICAL BOARD REPRESENTATIVE MEARS HB 173 LITTLE DAVIS-BACON PUBLIC CONSTRUCTION REPRESENTATIVE MCCABE HB 174 FIDUCIARY DUTY:SOCIAL/POLITICAL INTEREST REPRESENTATIVE MCCABE HB 175 BOARD OF LICENSED MIDWIVES REPRESENTATIVE ALLARD HB 176 AGE FOR TOBACCO/NICOTINE/E-CIG;TAX E-CIG REPRESENTATIVE HANNAN HB 177 CRITICAL NATURAL MINERALS PLAN AND REPORT REPRESENTATIVE SADDLER HB 178 VILLAGE SAFE WATER FACILITIES HOUSE FINANCE HB 179 EMPLOYEE RIGHTS,EMPLOYER SPEECH REPRESENTATIVE WRIGHT HB 180 COMMERCIAL SALMON FISHERY CLOSURE REPRESENTATIVE CRONK HB 181 STATE COMMISSION FOR CIVIL RIGHTS HOUSE JUDICIARY HB 182 REMOVAL OF ABANDONED VEHICLES REPRESENTATIVE RAUSCHER HB 183 DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS REPRESENTATIVE ALLARD Bills Tracked: BILL SHORT TITLE SPONSOR(s) STATUS DATE HB 35 REPEAL CERTIFICATE OF NEED RAUSCHER (H)L&C 02110123 PROGRAM HB 49 CARBON OFFSET PROGRAM ON RLS BY REQUEST OF THE (H)FIN 03120123 STATE LAND GOVERNOR HB 50 CARBON STORAGE RLS BY REQUEST OF THE (H)FIN 03113123 GOVERNOR HB 70 MUNICIPAL PROPERTY TAX TOMASZEWSKI (H)CRA 02113123 EXEMPTIONS HB 84 MUNI PROP TAX EXEMPTION/TAX SUMNER (H)CRA 02127123 BLIGHTED PROP HB 121 UTILITIES:RENEWABLE SUMNER (H)ENE 03117123 PORTFOLIO STANDARD HB 122 RAILROAD CORP.FINANCING TOMASZEWSKI (H) TRA 03117123 P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 12 Confluence Strategies HB 133 MUNICIPAL SERVICEAREA BOARD SUMNER (H)CRA 03127123 MEETINGS HB 134 PROPERTY TRANSFER TAX;MUNI COULOMBE (H)CRA 03127123 TELECOMM TAX HB 150 RESIDENTIAL BUILDING CODE SUMNER (H)L&C 03131123 HB 154 AK HOUSING FINANCE CORP: RLS BY REQUEST OF (H)FIN 04119123 SUSTAIN ENERGY THE GOVERNOR SB 33 RENEWABLE ENERGY GRANT Kq UFMAN (S)FIN 02117123 FUND SB 48 CARBON OFFSET PROGRAM ON RLS BY REQ UEST OF THE (S)RES 01127123 STATE LAND GOVERNOR SB 49 CARBON STORAGE RLS BY REQUEST OF THE (S)RES 01127123 GOVERNOR SB 67 PEAS USE FIREFIGHTING KIEHL (S)RLS 04124123 SB 68 PUBLIC NOTICE FOR WATER GIESSEL (S)RES 02110123 RIGHTS SB 77 MUNI PROP TAX EXEMPTION/TAX DUNBAR (H)FIN 04119123 BLIGHTED PROP SB 79 RECLASSIFICATION OF FIRST BISHOP (S)CRA 02124123 CLASS CITIES SB 92 STATE OWNERSHIP OF GIESSEL BYREQUEST 3RD RDG,5/1 04128123 SUBMERGED LAND CAL(S) SB 101 UTILITIES:RENEWABLE TOBIN (S)L&C 03115123 PORTFOLIO STANDARD SB 105 RAILROAD CORP.FINANCING TRANSPORTATION (S) TRA 03115123 SB 125 AK HOUSING FINANCE CORP: RLS BY REQUEST OF (S)FIN 04105123 SUSTAIN ENERGY THE GOVERNOR P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 13 Confluence Strategies Hearina Schedule Next Week: (S)RESOURCES May 01 Monday 3:30 PM BUTROVICH 205 += SB 68 PUBLIC NOTICE FOR WATER RIGHTS --Testimony<Invitation Only>-- (H)COMMUNITY&REGIONAL AFFAIRS May 02 Tuesday 8:00 AM BARNES 124 + Presentation: Investing in Water/Sewer infrastructure in Alaska by Department of environmental Conservation + Bills Previously Heard/Scheduled **Streamed live on AKL.ty** (S)LABOR&COMMERCE May 03 Wednesday 1:30 PM BELTZ 105 (TSBIdg) vernor's Appointees: Board of Barbers and Hairdressers Board of Nursing Alaska Workers'Compensation Board Board of Certified Direct Entry Midwives Alcoholic Beverage Control Board Board of Dental Examiners Board of Marital and Family Therapy Board of Social Work Examiners Alaska Labor Relations Agency Board of Massage Therapists Board of Pharmacy Marijuana Control Board Real Estate Commission Board of Professional Counselors State Physical Therapy and Occupational Therapy Board P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 14 Confluence Strategies (S)LABOR&COMMERCE May 05 Friday 1:30 PM BELTZ 105 (TSBIdg) *+ SB 101 UTILITIES:RENEWABLE PORTFOLIO STANDARD --Invited&Public Testimony-- --<Time Limit May Be Set>-- + Bills Previously Heard/Scheduled (S)RESOURCES May 05 Friday 3:30 PM BUTROVICH 205 *+ SB 137 REFINED FUEL SURCHARGE --Invited&Public Testimony-- Bills Previously Heard/Scheduled **Streamed live on AKL.ty** Hearing materials/Documents of interest: Wgislative Finance Division- 04.26.2023 Senate Finance CS2 Operating Budget Reports 04.25.2023 Senate Finance CS2 Capital Budget Reports 04.20.2023 Senate Finance CS Operating Budget Reports 04.17.2023 House Operating Budget Reports SB 41 SFIN SCS2 FY23 Supplemental Capital ProjectDetailByAgency_pdf SB 41 work draft version R.pdf SB 41 SFIN SCS2 FY24 Capital ProjectDetailByAgency_pdf Legi 1101M, a .. .. .__-_ A HB 65 LFD HFIN Fiscal Scenarios 4-24-23.pdf Presentation: Cook Inlet Update by Department of Revenma Cook Inlet Update HRES 2023.04.24.12df P DEC VSW Overview HCRA 04.20.23.12df P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 15 Confluence Strategies Presentation-DOT HB 40 DOT HFIN Capital Budget 2023.04.25.pdf HB 40 DOTPF-Capital Allocations 042523.12df Presentation:Educ ikon Miling Review Alaska Education Funding_pntx SB92-STATE OWNERSHIP OF SUBMERGED LAND SB 92 Explanation of Changes Ver.S to Ver.U.pdf SB 92 CS WORKDRAFT Version U 04.23.23.12df HB134-PROPERTY TRANSFER TAX; MUNI TELECOMM TAX HB 134 Written Testimony_pdf HB 134 Written Testimony through 1000 4.26.23.12df HB 134 Letter of Support Alaska REALTORS.pdf HB121 -UTILITIES:RENEWABLE PORTFOLIO STANDARD HB 121 Letter of Support-Launch Alaska.pdf HB 121 Letter of Support-Cold Climate Housing Research Center.pdf CIRI Letter of Support HB 121.12df HB 121 DCCED RCA 4-23-23.pdf HB 121 Sectional Analysis Version A.pdf HB 121 Sponsor Statement.pdf UCM Letter on HB121 RPS HENE.pdf HB121-DCCED-RCA-04-25-23.12df HB121-DCCED-AIDEA-04-24-23.12df HB121-DCCED-AEA-04-25-23.12df SB82 - COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK SB 82 Public Testimony through 04.27.23.12df Presentation Dept.of Fish and Game Area M Overview 04.28.23.pdf P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 16 Conflucnee Strategics Administration Governor's Office: Governor's Press Releases Governor Dunleavy to Welcome Global Leaders to Anchorage for the Alaska Sustainable Energy Conference May 22-25 Apr 26, 2023 Erin Brockovich to Headline Conference Kickoff Celebration Next month Governor Mike Dunleavy will welcome global leaders from both the public and private sectors to Anchorage for the 2023 Alaska Sustainable Energy Conference. "Alaska is uniquely positioned to lead the world in the energy of the future," said Governor Mike Dunleavy. "I look forward to hosting both speakers and attendees in Anchorage to share what Alaska has to offer and learn about work being done to make energy more sustainable and affordable." In addition to previously announced keynote speakers and special guests, Governor Dunleavy is pleased to announce that Deputy Secretary of the U.S. Department of Energy, David Turk, and Geoffrey R. Pyatt, Assistant Secretary of the U.S. Department of State Bureau of Energy Resources will take part in a discussion moderated by Arctic Energy Office Director Erin Whitney. Consumer and environmental advocate Erin Brockovich will join Governor Dunleavy for the Kickoff Celebration on May 22. Registered attendees will also have the opportunity to network during an excursion on the Alaska Railroad on May 23. https:IIgov.alaska.gov/governor-dunleavy-to-welcome-global-leaders-to-anchorage-for- the-alaska-sustainable-energy-conference-may-22-25/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 17 Conflucnee Strategics Major News Articles / Political Items of Interest Health Senate OKs Medicaid funds for home care of elderly, disabled Allowing people to receive Medicaid funds for providing home care for an elderly or disabled adult, as well as certain other residents of all ages needing daily care, was unanimously approved Monday by the state Senate. https:://www.juneauempire.com/news/senate-oks-medicaid-funds-for-home-care-of- elderly-disabled/ How the end of the federal public health emergency next month will impact Alaskans COVID-19 vaccines will still be free. Over-the-counter tests may no longer be, and changes to telehealth may be coming. Education A step forward for teacher bonuses,a step back for a BSA increase House committee advancesyear-end educator payments, but outlook forschool funding boost dims A bill giving public school teachers annual retention bonuses of up to $15,000 under a pilot program for the next three years was unanimously advanced by the House Education Committee on Wednesday, but the minority members expressed concerns it may used as a cheap substitute for a larger and permanent increase to education funding. httl2s://www.juneaueml2ire.com/news/a-step-forward-for-teacher-bonuses-a-step-back- for-a-bsa-increase/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 18 Conflucnee Strategics Business/Economy OPINION: Chugach Electric elections could shape Alaska's future I applaud Chugach Electric Association's pursuit of clean, reliable and affordable energy, much of which was articulated in an April 13 commentary by the Chugach Electric Association board chair and CEO. https:://www.adn.com/opinions/2023/04/24/opinion-chugach-electric-elections-could- shap e-alaskas-future/ State Budget/Programs State sales or income tax?As Alaska lawmakers consider proposals, economists weigh in For the first time in recent history,Alaska legislators in both parties and the governor are talking about implementing a broad-based tax. New taxes aren't likely to pass this session, but Alaskans could start paying statewide sales or an income tax in the next few years. httl2s:,//www.ktoo.org/2023/04/25/state-sales-or-income-tax-as-alaska-lawmakers- consider-proposals-economists-weigh-in/ Long an opponent of tax hikes.Alaska Gov. Mike Dunleayy now believes they are needed Alaska has never had a statewide sales tax, and the governor is preparing a proposal as part of a fiscal plan, he said. Education funding gets boost as Alaska Senate finalizes its state spending plan A last-hours lobbying effort behind closed doors by members of the Senate's bipartisan caucus resulted in more funding for public schools within the draft Alaska state budget under consideration in the state Senate. On Wednesday afternoon members of the Senate Finance Committee were presented with a $6.2 billion proposal that would pay for state services in the 12 months that begin July 1. Included within the proposal is $175 million in extra funding for K-12 public schools, enough to increase the state's per-student funding formula, the base student allocation,by$680 for one year. httl2s:,//www.ktoo.org/2023/04/27/education-funding-gets-boost-as-alaska-senate- finalizes-its-state-spending=plan/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 19 Conflucnee Strategics To avoid spending from savings,Alaska Senate ponders smaller dividend,shrunken school increase The Alaska Senate is preparing a state spending plan that includes a smaller Permanent Fund dividend and a diminished funding increase for public schools to balance Alaska's annual operating budget without spending from savings or breaking a limit on spending from the Alaska Permanent Fund. https:://www.ktoo.org/2023/04/26/to-avoid-spending-from-savings-alaska-senate- ponders-smaller-dividend-shrunken-school-increase/ Analysis: House, Senate wrestle with education funding One of the most controversial issues facing the Alaska Legislature is whether K-12 education funding should be increased, and by how much. The Senate and House leadership disagree on the amount. httl2s:-//mustreadalaska.com/analysis-house-senate-wrestle-with-education-funding/ `The first step is admitting that a problem exists': Alaska's leaders agree on state's fiscal condition During the news conference, the governor also ran through some different scenarios to demonstrate the need for a fiscal plan based on various fluctuating components including oil price sensitivity,the PFD and the value of other extracted resources. Dunleayy says lawmakers are closer to agreeing on a fiscal plan. Lawmakers aren't so sure. Gov. Mike Dunleavy said that if lawmakers can't agree on new revenue sources in under three weeks, he will call a special session. OPINION: Alaska doesn't need new taxes The common refrain in Juneau this session is "We need a fiscal plan." Unfortunately, to many,that translates into a much longer statement that asks, "How do we impose more than $1 billion in new taxes on residents and Alaska businesses to turn a marginally sustainable $1,300 dividend into an attempt to fund an unsustainable $2,700 dividend? httl2s://www.adn.com/opinions/2023/04/28/opinion-alaska-doesnt-need-new-taxes/ '75-25' PFD plan reaches Senate floor Change would drastically shrink dividends, allocate most Permanent Fund earnings to state spending Nearly the entire state Senate appears ready to grab the proverbial "third rail" of Alaska politics by voting for a drastic change in how the Permanent Fund dividend is calculated, as a so-called "75-25" bill that would divert most available fund earnings to state spending reached the floor on Friday and is scheduled for a vote Monday. https:[/www.juneauempire.com/news/75-25-pfd-plan-reaches-senate-floor/ P.O. Box 110190,Anchoragc,AK 99511 423 Seward Street,Juneau,AK 99801 20 Board/Commission Meeting Date Port and Commerce 1/4/2023 2/1/2023 2/15/2023 3/8/2023 4/5/2023 YTD Absences Vacant Paquette Yes Yes Yes Yes Yes 0 Hughes Yes Yes Yes Yes Yes 0 Jaffa Yes Yes Yes No Yes 1 Smith Yes Yes Yes Yes Yes 0 Woelkers Yes No No Yes Yes 2 Atwood I Yes IYes lNo IYes lYes I I I 1 1 Board/Commission Meeting Date Planning and Zoning 1/10/2023 2/7/2023 2/21/2023 3/7/2023 3/14/2023 3/20/2023 4/6/2023 4/19/2023 YTD Absences Sullivan Yes Yes Yes Yes Yes Yes Yes Yes 0 Verhey No No No No No No Yes Yes 6 Monaco Yes Yes No Yes Yes Yes Yes Yes 1 Staggs Yes Yes No No No No Yes Yes 4 Charbonneau Yes Yes Yes No Yes Yes Yes Yes 1 Hornseth Yes Yes No No No Yes Yes Yes 3 Ulman lNo lYes IYes lNo lNo lNo IYes lYes 1 4 Board/Commission Meeting Date Historic Preservation 1/12/2023 YTD Absences Lebbrecht Yes 0 Ward Yes 0 Walker Yes 0 Benoit Yes 0 LeMaster Yes 0 Vacant Vacant 21 ALASKA NAVY TRAINING IN THE GULF OF ALASKA F NORTHERN EDGE EXERCISES h www.GOAEIS.com The Gulf of Alaska provides invaluable training space needed 2011 Gulf of Alaska (GOA) Navy Training Activities to prepare United States(U.S.)service members to protect and Final Environmental Impact Statement/Overseas defend the United States and its allies.The military's largestjoint Environmental Impact Statement(EIS/OEIS) training exercise in Alaska is Northern Edge. Maritime training 2016 GOA Navy Training Activities Final activities conducted during Northern Edge occur in the Gulf of Supplemental EIS/OEIS Alaska within a designated Temporary Maritime Activities Area (TMAA),which is located south of Prince William Sound 2022 GOA Navy Training Activities Final and eastof Kodiak Island,and the Western Maneuver Area(WMA), Supplemental EIS/OEIS which is located south of Kodiak Island(Figure 1,page 4). The Navy continues to update impact analyses with new The U.S. Navy analyzed the potential environmental impacts of information and analytical methods. New information includes training activities in the Gulf of Alaska,which are documented in updated acoustic effects models, updated marine mammal the following impact analyses.These documents are available at density data and marine species hearing criteria, and other www.GOAEIS.com. emergent best available science. Training in Alaska is critical "vim » uiN�� i)i )iiiiiixilVA L* a. for the readiness1 military personnel 1 protect 1 defend the UnitedStates and its allies. MISSION OF THE U.S. NAVY I LITARY TRAI N I NG I", ND THE Tomaintain, train, andequip OF�ALASKA ,J' combat-ready military • Since 1975, the U.S. Indo-Pacific Command has met defense capable of _ wars, deterring objectives by training military forces for potential crises in the aggression, • maintaining Indo-Asia-Pacific region. Mission-critical military training activities freedom of in Alaska occur within the Joint Pacific Alaska Range Complex,which NAVY TRAINING REQUIREMENT includes the TMAA and WMA in the Gulf of Alaska and existing IN THE GULF OF ALASKA U.S.Air Force and U.S.Army inland air and land training areas. To prepare • • These training areas provide realistic environments for military deployment by training forces and interagency partners to practice both basic and complex environments.in realistic training activities.Training in the Gulf of Alaska allows for varying degrees of scenario complexity,which enhances the quality of training and better prepares service members to respond to world events. Joint training exercises bring together personnel from different branches of the military to plan and conduct activities at sea, in 4 the air,and on land.These exercises provide opportunities for forces to practice tactics,techniques,and procedures to improve coordination and fulfill military readiness requirements. 23 Sailors must be ready to respond to any situation that may arise, ranging from large-scale conflict, to maritime security operations,to humanitarian assistance and disaster relief. Their success is contingent upon realistic training that effectively prepares them to respond to an emergency situation or an act of aggression at a moment's notice. The Navy must maintain a rigorous, comprehensive training regimen to ensure ships are ready to deploy on schedule and to prepare Sailors to carry out their duties as required.Sailors must train with their equipment and systems before deployment. Skills needed to achieve military readiness are perishable without NORTHERN EDGE JOINT TRAINING EXERCISES constant practice.Therefore,training must be diverse and as realistic as The military's largest joint training exercise in Alaska is Northern Edge. possible to prepare Sailors to complete Exercises typically occur every other year in odd years, e.g., 2023, 2025.The their mission and ensure their success Navy has participated in Northern Edge since the 1990s.These exercises are and survival.While simulators provide designed to replicate challenging scenarios and environmental conditions early skill repetition and enhance teamwork, there is no substitute for found around the world, and prepare service members to respond to crises, live training in a realistic environment. such as natural disasters, global conflicts, and threats to homeland security. Alaska provides ideal conditions for Northern Edge exercises typically last up to 21 days and occur between realistic training scenarios in a large, April and October when weather conditions best support training objectives, diverse environment,which increases which enhances readiness and reduces safety risk.Training activities are not overall fleet safety and promotes future conducted in extreme weather conditions due to safety concerns. Given the mission success. significant investment in resources associated with bringing military forces to Alaska,the exercises are scheduled for periods with the greatest chance for suitable weather.The specific dates of each biennial exercise are determined based on the availability of forces, deployment schedules, maintenance periods, and other exercises planned within the Pacific. Approximately 15,000 personnel from all U.S. military services and interagency partners participate in these exercises. The size of the exercise varies, but requires vast,Alaska-scale distances,similar to the conditions participants may ru -� face in operational environments around the world.Training is comprehensive and as realistic as possible. Maritime activities may include the following types of training: » Aircraft,ship,and » Aerial surveillance training submarine operations » Submarine detection and location » Weapons training and » Vessel searches and qualifications interdiction training Environmental protection is an integral part of Northern Edge and Navy activities are conducted with an extensive set of mitigation measures(Mitigation Measures While Training at Sea, page 9) developed and authorized by permit from the National Marine Fisheries Service. 24 During Northern Edge exercises,the Navy establishes maritime training areas in the Gulf of Alaska called the Temporary Maritime Activities Area (TMAA)and Western Maneuver Area (WMA) (Figure 1).The TMAA(approximately 42,146 square nautical miles) is the ideal location for training because of its proximity to a large contingent of Air Force and Army land training areas and airspace, as well as personnel, resources, equipment, and infrastructure in Alaska.The WMA (approximately 185,806 square nautical miles) is needed for the Navy to practice the maneuvering of vessels and aircraft during training exercises as they would need to maneuver in real-world situations. The activities conducted in the WMA are limited to vessel movements and aircraft training,and several events associated with these movements.The Navy does not use sonar or explosives in the WMA.The vast majority of training activities occur only in the TMAA. The Gulf of Alaska TMAA and WMA have complex bathymetric and oceanographic conditions, including a continental shelf, submarine canyons, numerous seamounts,and fresh water infusions,and provide a cold-water training environment even in summer.The Gulf of Alaska TMAA and WMA provide the vast space needed to maximize the realism of the exercises. Training activities are conducted far enough offshore of coastal areas to reduce impacts on Alaska Native subsistence activities, commercial fishing, and recreational fishing.These activities avoid many sensitive resources of the coastal regions with no overlap of salmon and herring management areas, partial overlap with groundfish and halibut management areas, and minimal overlap with shellfish management areas (Figures 2-3, page 5). ......... .,,......� -S,7.'= ',�'.C.R Figure 1.GULF OF ALASKA TEMPORARY A a s A, a MARITIME ACTIVITIES AREA AND WESTERN MANEUVER AREA •` The Gulf of Alaska Temporary Maritime AM,,;ka Range C.oI VWX Activities Area is established only during (J ) exercises and provides an ideal location _ for training. The Western Maneuver Ease _ �oartt Area provides sufficient space for s Elmendord- realistic maneuvering of vessels and R'ichards*n aircraft during training exercises. Ar,ahoraye M � _ . Mwprh bus q x Qpe s` + ■ fivrJoIg Ntw ` _ IUr1q sakwn , The Navy has analyzed �,, • {144^ ASy'. s V. {,'mFi.Gill Bae Kodiak %k r, the potential FrF ' TMAA P G' y .• of training in the Gulf a, BONY. CJugnIl(.do 9F F a . � .�l 4 J.i ++ ` 1Alaskaon fishes 1fish habitat. WMA indicateThe analyses that training would potentially impactsminimal 1 would 1 - 12-Na.' nI Mk unA Gulf M Am" skey Areb �"nc ddes al4 MmrwwwAm@F ] 1 overall 'rglgr aepM "nd%fYy7d'8fy M&*raMFerirabe�s Alm ITW,�.9] 4 SO 7U]1'A qm M+hary OWaWn We Ih OA) Ovpwwww 0 GgMo"InsuKo an ry US ArMyfAff Fuca N 0 40 WNrA health 1 1 Real ec+uea ':,J J04Mease YI Area ® V 5 Gaaat Guerq Baca any fish population. 25 �RARY MARITIME ACTIVITIES AREA AND WESTERN MANEUVER AREA Figure 2.ALASKA +• _ SALMON AND HERRING FISHERY MANAGEMENTAREAS ' .v�=.•v: INTHEGULFOFALASKA Navy training activities �.. • conducted in the �Perraq � 'Y' Gulf of Alaska do not TMAA overlap with salmon and herringfishery management areas. 4e 91WMA "" ... r,o��rra:;ter,ry Fie.rrhi Nc;==a-an+4mas yagi.kr.urn.v�emer4 Arew ° . Pif kk rd :,op"j.klgown a.aa 1, IOgg" P-n,, § -WdA i SUAY'4''tl =E.ya.aR+Y :^- vAr4, Qw1y Ceaoiofr yChdoi W 0 so IDD ISO-km r 1 Fn WA8M So nd 0 +0 0 MUM Figure 3.ALASKA GROUNDFISH,HALIBUT, i AND SHELLFISH " r~1 HARVEST DATA IN THE GULF OF ALASKA Navy training activities conducted Bering ea in the Gulf of Alaska Alaska • ;r partially overlap r with groundfish and `a {` halibut management :.:. . areas and minimally overlap with shellfish management areas. 4U hi A 'Mw Dew lX�tdr r,. mn A 20Q,201) Cncrn•a'i16hrlfmd sM*Vdn Hnr t w`+Slop•WAQabm Ar 121117.W21) a..A of kb.kr Sh*Ate" 4n 7vA Ik,ckra.a vwaewn u.,"uwr 0 50 IG} 110Im 1IPNrwd.S uWAAL,aca5yn.s.w.. F; 6 a4 ♦prb� ,s..W ti One of the Navy's top priorities is to defend against Torpedoes, in-water mines, an1 enemy submarine activity.To detect potential enemy quiet1frompotential submarines,the Navy uses both passive and active enemies are 1global SOund NAvigation and Ranging, known as sonar.The difference between these types of sonar is that passive commerce1national sonar does not emit a signal whereas active sonar Active sonar 1 emits a pulse sound for purposes of detecting an echo. method 1 detecting these Sonar uses sound energy waves to detect and locate threats. submerged objects,such as submarines and in-water mines. Sonar proficiency is complex and requires regular, hands-on training in realistic and diverse conditions.The Navy uses simulators and other advanced technologies for some training; however, simulation cannot completely replace training in a live environment. Lack of realistic trainingjeopardizes the lives of Navy personnel in actual combat situations. Active sonar is the most effective method of detecting underwater threats,such as torpedoes, in-water mines, and quiet submarines from potential enemies. TRAINING WITH WEAPON SYSTEMS Sailors must train in a variety of high-stress environments, including scenarios that involve the use of and exposure to explosive ordnance,to be ready to respond to emergencies and national security threats. a • - Sailors train using non-explosive munitions as often as t. N4'41Y possible. However, non explosive practice munitions cannot completely replace training in a live environment. Limited training with explosives occurs only in established operating areas.The Navy ensures public + safety by establishing safety buffers around activity sites when in use.The Navy, in coordination with the U.S. Coast Guard and Federal Aviation Administration, issues notices to mariners and pilots to ensure public safety. Although simulation may be used substitutefor some training activities, there is no qualifications.to achieve 27 The following is a summary Marine Mammals of potential direct impacts on >> Training may affect individual animals of certain marine species and the marine species, but is not expected to decrease the overall environment from training, as health or survival of any population. wellas cumulative effects- For >> Almost all (approximately 99.61%) predicted effects more detailed information, from acoustic stressors are behavioral responses. pleaserefer to the EISs/OEISs, >> A very small number of physiological effects(hearing available atwww.GOAE1S.com- loss) may occur, but mitigation measures will reduce Fishes and Marine Invertebrates potential impacts. >> Most fish species are not able to hear naval >> No mortalities or non-auditory injury are predicted- sonar(Figure 4)- » Impacts on marine mammals and important habitat Training is not expected to decrease overall health are reduced due to the Continental Shelf and Slope or survival of any fish population. Mitigation Area. >> Training with in-air explosives may affect individual Cumulative Impacts fish near the surface. >> Training activities may have cumulative impacts on Military expended materials will not have significant marine mammal species when considered together with effects on fishes or fish habitat. impacts of past, present, and other future actions- • Relatively small amounts of materials occur over >> Impacts on other environmental resources are negligible a large area. or not cumulatively significant. • Materials are nontoxic and will not bioaccumulate in species or enter into the ecosystem. >> Training may have minimal, localized,and temporary Minimizing impacts on the marine impacts on marine invertebrates. » Training will not interfere with Alaska Native subsistence environment is important to the Navy. activities, commercial fishing, and recreational fishing. I mpacts on fishes, including endangered or threatened The Navy continues to implement salmonids,and marine invertebrates are reduced due to mitigation and monitoring measures the Continental Shelf and Slope Mitigation Area(page 10)- to minimize effects on marine species. Figure 4.FISH HEARING AND NAVAL SONAR Blue lines represent the estimated minimum Sources:Casper&Mann,2006: and maximum range of frequency detection Chapman&Hawkins,1973: Her"rW(MO-5JWF12] Chapman &Sand. 1974: (thin portions)and range of best sensitivity (thick portions)for each hearing group. ' Hawkins&Johnstone.1978: Mann et al..2005:Popper,2008: Thick colored lines(purple,green,and orange) + �,5 a.$w rp a�w­'.;J�Oddcr not hI.VVed n H orurp Popper et a L,2007:Tavolga& represent example hearing data for specific Wodinsky,1963. species and black lines represent the ranges = sarmomes(1°—s�aHxM Acronyms: of each sonar system. Cod(20-500 HFw >> Hz=hertz >> MF1=3,500 Hz �, Rackfsh(1q..."�LQHxM Most fish species u not able1 hear naval rhow'?Sw m sonar. 1ustic studies Halibut(20-270 H¢f Hoqh-FrequmcV Sonar on herring showy Z MFi{AWSQS-53,hull ffb"W4ed wwr] sonar poses 1 `.i[I.c.i`VUCnL1'Sonar 1risk1 individuals or populations. FfIequenry(Hr) 28 NAVY MARINE SPECIES RESEARCH AND MONITORING EFFORTS Between 2009 and 2022,the Navy has funded The Navy continues to be a world leader in marine species approximately million 'r marine species research and monitoring, having funded marine research research, surveys, and monitoringefforts programs,surveys, and data collection efforts since 1992, within the offshore waters of the Gulf of Alaska. and since 2009 in the Gulf of Alaska.The Navy partners with state and federal agencies, universities, research institutions, federal laboratories,and private researchers around the world MARINE SPECIES POPULATION MONITORING to better understand marine species occurrence, distribution, The Navy works closely with the National Marine Fisheries movement, and behavior. This scientific research helps Service (NMFS) as part of its Integrated Comprehensive environmental regulators,scientists, and the Navy to: Monitoring Program to coordinate monitoring efforts across >> Better understand the abundance,distribution,foraging, all ocean regions where training occurs.The Navy provides reproduction, physiology, hearing,sound production, reports on its training activities in the Gulf of Alaska, including behavior, and ecology of marine species in order to findings from passive acoustic monitoring, to NMFS.These assess effects from naval activities. reports are available to the public. Develop and improve models to better predict potential effects of underwater sound and explosives on marine species. Develop effective protective measures. The Navy is dedicated 1 protecting coastalmarine and 1 of the Gulf of Alaska. Since 2011,the Navy has monitored and observed marine mammals during Navy training activities in the Gulf of Alaska. Some of these efforts include: v Surveying for cetacean abundance and distribution using ` line transect surveys. Satellite tagging of marine mammals and fishes. Maintaining,collecting,and analyzing data from multiple =" r • passive acoustic monitoringsites and mobile gliders. Data ,, are used for characterizing ambient sound levels and , � �• ,� detectingthe presence of vocalizing marine species. MONITORING EFFORTS IN THE GULF OF ALASKA I Partnering with Oregon State University, The Navy determined the presence of Researchers from NMFS and other the Navy funded a multi-year(2017-2019) marine mammal and anthropogenic organizations conducted two large vessel humpback whale study in the Pacific Ocean sounds through passive acoustic monitoring Gulf of Alaska Line-transect Surveys(GOALS) using combination of satellite-tracking via bottom-mounted High-Frequency in 2009 and 2013 with Navy funding. technology (tags), genetic sampling, Acoustic Recording Packages in the Researchers used a combination of and photo-identification analysis. Gulf of Alaska, which spanned the photo-identification, passive acoustics, Since 2020,the Navy has partnered continental shelf,slope,and offshore and satellite tagging to determine with University of Alaska-Fairbanks to seamounts.The Navy also investigated distribution, movements,and densities deploy Pop-up Satellite Archival Tags spatial distribution and temporal of marine mammals.The Pacific Marine and with NMFS to deploy acoustic occurrence of baleen and toothed Assessment Program for Protected telemetry tags on Chinook salmon in whales through a passive acoustic glider Species conducted the Gulf of Alaska the Gulf of Alaska. survey.The survey focused on the shelf Cetacean Survey in summer 2021,also break area between Middleton Island with Navy funding. and Kodiak Island. 29 I Scientific research in the Gulf of Alaska,and in other areas where MITIGATION MEASURES WHILE TRAINING AT SEA the Navy trains,indicates Navy training activities are unlikely to It is important to the Navy to avoid or minimize impacts on have long-term consequences on marine mammal populations. the marine environment from at-sea training activities.The Although some species may display short-term behavioral Navy follows strict guidelines and employs measures that responses during Navy training activities,observations indicate reduce potential effects on marine species while training.The Navy activity is compatible with the long-term survival of marine measures listed in this brochure include some, but not all,of mammals.These observations include: the Navy's existing at-sea mitigation measures. Increased numbers of animals for some marine mammal Protective Measures Assessment Protocol species inhabitingthe Gulf of Alaska wherethere is sufficient information available. The Navy uses the Protective Measures Assessment >> Continued presence of species and long-term residence by Protocol (PMAP)software tool prior to conducting training individual animals,including species thoughtto be sensitive activities. PMAP provides a map that displays the location of to sound,in areas highly used by the Navy. the activity relative to any protected or sensitive marine resources Recorded use of training areas for marine mammal in the vicinity. PMAP provides a report identifying the specific breeding,birthing,and nursing. measures a naval unit must implement to protect marine resources Lack of observable negative effects on marine mammal forthe actual date,location,and type of activityto ensure compliance stocks or populations with more than 16 years of with mitigation requirements, permits,and authorizations. comprehensive monitoring and data collection. Observe the Area Prior to Activities Visit www.navymarinespeciesmonitoring.us for more Marine mammals and sea turtles can be detected visually information on the Navy's Marine Species Monitoring Program. while at the surface,and marine mammals can be detected ENVIRONMENTAL PROTECTION AT SEA acoustically while vocalizing underwater.Therefore, before certain activities are conducted,the area is visually scanned The Navy is committed to protecting the environment and and,when possible,acoustically monitored. actively strives to minimize the potential impacts from training Post Qualified Lookouts at sea. The Navy implements and improves processes to reduce a vessel's environmental footprint by: Navy personnel must successfully complete the Marine Consolidating plastic waste into melted disks and Species Awareness Training approved by NMFS to qualify as Lookouts, in accordance with the Navy's Lookout Training disposing of them when ships return to port. Handbook. Navy Lookouts visually observe for the presence of Conserving energy by installing energy efficient marine species within mitigation zones. technologies,whenever possible. Managing ballast water to prevent the introduction Visit www.youtube.com/watch?v=KKo3rlyVBBA for of non-native species. more information. Utilizing shore power when ships are in port to Establish Mitigation Zones for Marine Species minimize air emissions. Managing, reusing, and recycling hazardous materials. A mitigation zone is designed to reduce potential impacts on marine species from certain training activities.The size of a mitigation zone is unique for each specific activity. Navy personnel visually observe each zone. If signs are detected ` within the mitigation zone indicating marine mammal, sea turtle, or seabird activity, applicable training activities cease until the animal exits the zone or other activity recommencement criteria are met. Science Center,NOAA Fisheries Service -.; Photo Credit Merrill Gosho,Alaska Fisheries - i 30 Navigate Safely Navy vessel operators are alert and watch for objects in their path at all times while in transit. Operators follow Coast Guard navigation rules, operate at a speed consistent with mission and safety, and take proper action if there is a risk of collision. Mitigation for vessel movements includes observing for and maneuvering to maintain distance from marine mammals and sea turtles while underway. Implement Geographic and Seasonal Mitigation Measures The Navy restricts some types of training activities in specific geographic locations and increases mitigation efforts during certain times of the year to further avoid impacts on marine species. Examples of geographic and seasonal mitigation measures (Figure 5) include: Continental Shelf and Slope Mitigation Area In direct response to agency, tribal, and public comments received on environmental impact analyses, the Navy implements a new mitigation area within the continental shelf and slope area of the TMAA(approximately 14,600 square nautical miles).The Navy expanded its mitigation measures for explosives detonated at or near the surface and prohibits the use of explosives during training(up to 10,000 feet altitude) in areas of less than 4,000 meter depth to protect marine species and biologically important habitat. Implementation of the mitigation area reduces impacts on marine mammals, fishes, and marine birds.Additionally,the WMA was specifically configured to avoid the continental shelf and slope area, minimizing potential overlap with important habitat areas, migration routes, and fishing grounds. North Pacific Right Whale 17!'ITPlV I'i=�'a'V4 1YY'Q9'lV iL7'Q9'lY' Mitigation Area The Navy implements a mitigation Ald.5,ku U- da d �r area for exercises taking place duringthe North Pacific right whales' feeding time between June and September.The Navy does not use surface ship hull-mounted mid-frequency sonar or explosives during training �Cordava events in the mitigation area within 61.,.iwb cax ulf4kllR� those feeding months. flIIEYIM • TMAA The Continental Shelf and Slope Mitigation Area 'f}YIIQ.. l WMAreduces impacts on marine mammals, fishes, marine birds, and important habitat. ----- ----------------------------------------------- Figure 5.MITIGATION AREAS WITHIN THE �+mpMwnarnn ',WbW 9np^n 17 Te*isi GULF OF ALASKA TEMPORARY MARITIME tivr,ak7gJ,WIIA1L ° ACTIVITIES AREA iLxixles U'Fes6c,+i Msx-r.wAee[�v1APa �y¢fili+r ,ai she I8�d dnJT �'i�+aalbl'e.d+cvenKsr�ael '� ° 49 11.1 The Navy implements measures,such as r�liganoa ap "` "°' geographic and seasonal mitigation areas, to avoid impacts on marine mammals and fishery resources. 31 Figure 6. DESIGNATED CRITICAL HABITATS WITHIN THE GULF OF $ ALASKA TEMPORARY MARITIME ACTIVITIES AREA A The Navy considered important ` designated critical habitat areas within the Temporary Maritime Activities Area during development of mitigation areas. Ancharacam e P s LfGargP�Y�i ..°dMn,hdKvf r I The boundary of the Of } , la Western Maneuver ° °' rneAa Area was configured to avoid overlap ,- and potential impacts on critical WMA habitats, biologically important areas, marine mammal Habitots Considered Miter aeplh.m meteus) migration routes, Bll ll fi Slit ler Sea Lrxi Crtlica HabilaL GLMCo k3spa K4CA)ShAf,rea Plump i6k'Ih IG Iwrilr aC Nabilat 1�t IN'dJtlB9 V*ahPln hba�'iewar D `A 7dd ii0 km 1-1 Area QY"and iFfwapy r I and primary dlHd BelWa'h>7ale Cnhc-81 HaGtal Ik'IesYrnxf,MArAnea(fh1FN'' N D 44 $phlM -M.....w. Y.r.•re)i..,..A— fishing grounds. NMN4o Sea CMei Grit cal rlaalat Nanh Pacific Flighl VgMle Critical-in xw a Temporary Maritime Activities Area The Gulf of Alaska TMAA boundaries are located outside of the 1993 NMFS-designated Steller sea s011. —111 lion critical habitat. • The Navy issues prevent awareness messages to alert vessels and aircraft participating in training activities within the TMAA to the possible presence of concentrations of large whales on the continental , � Ay shelf and slope. µ Western Maneuver Area e The Gulf of Alaska WMA boundaries were drawn to avoid the designated critical habitats shown in Figure 6. 32 The Navy is committed to fulfilling its mission in an _ -T environmentally responsible manner, and ensuring the long-term viability and capability of training ranges, while at the same time protecting human health and the environment. The U.S. Pacific Fleet is committed to working with potentially affected stakeholders, coastal communities, and Alaska Native tribes to improve communication 5 and build strong relationships.The Navy has continued transparent community engagement throughout the environmental and exercise planning processes. - ir For several years,the Navy has engaged in extensive outreach activities in Alaska and Washington state.Ongoing outreach efforts promote meaningful and sustained communication, foster a greater understanding of the Navy mission and training requirements, provide timely updates about Northern Edge exercises,and facilitate open conversations so the Navy can receive feedback and listen to public concerns. Navy outreach teams have: Participated in in-person and virtual environmental conventions and expositions, including: Alaska Forum on the Environment ti- - - , Alaska Federation of Natives • Alaska Marine Science Symposium • ComFish Alaska North Pacific Fisheries Management Council meetings T- Pacific Marine Expo Participated in in-person and virtual public meetings to . United States support environmental impact analyses. a nmanr�pr, ,pc;fac F1e Engaged with chambers of commerce, city councils,and • Enwirrnmenta�Pro coastal communities of various cities. � 4 .-.._m.. Staffed outreach booths. -_ Hosted port visits and ship tours. 4 - i GULF As ISTEWAR ^!�' f� Al Bottom middle frontcover,North Pacific right whales photo credit:Adam U,NMFS MML permit#20465 Bottom left front cover,humpback whale fluke photo credit:Sally Mizroch,Alaska Fisheries Science Center,NOAA Fisheries Service 33 February G U.S. NAVY MARINE . SPECIES MONITORING IN THE GULF OF 1 1 1 MARINE SPECIES MONITORING PROGRAM MARINE SPECIES MONITORING - GULF OF ALASKA TIMELINE MARINE MAMMAL VISUAL AND ACOUSTIC SURVEYS MARINE SPECIES TAGGING The Navy is MARINE SPECIES MONITORING PROGRAM dedicated to Navy Marine Species Research and Monitoring Efforts protecting the The U.S. Navy continues to be a world leader in marine species research and monitoring, having funded marine marine and coastal research programs,surveys,and data collection efforts since 1992,and since 2009 in the Gulf of Alaska.The environments of the Navy partners with state and federal agencies, universities, research institutions,federal laboratories,and Gulf of Alaska. private researchers around the world to better understand marine species occurrence,distribution, movement, and behavior.This scientific research helps environmental regulators,scientists,and the Navy to: ► Better understand the abundance,distribution, ► Develop and improve models to better predict � foraging, reproduction, physiology, hearing, potential effects of underwater sound and sound production, behavior,and ecology of explosives on marine species. yK marine species in order to assess effects from naval activities. Do- Develop effective protective measures. Andrew R Hendry Integrated Comprehensive Monitoring Program As part of its Integrated Comprehensive Monitoring Program, the Navy works closely with the National Marine Fisheries Service (NMFS) to coordinate monitoring efforts across all ocean regions where the Navy trains and tests. The Navy provides annual reports of training and testing activities and monitoring studies to NMFS. These reports are also available to the public (link below). The Monitoring Program Coordinates with Other Navy Research Programs The monitoring program works closely with the Navy's research and development programs. The Office of Naval Research Marine Mammals and Biology program conducts basic Rolf Ream,Alaska Fisheries Science Center, - research,and the Living Marine NOAA Fisheries Service __.�,� ,•_,w.. Resources program conducts applied research.Technology and knowledge developed by these research - - 71 programs are transitioned for environmental compliance and used Brenda Rone,Alaska Fisheries Science Center, N Fisheries Service eries Service ... by the monitoring program. MARINE SPECIES MONITORING — GULF OF ALASKA TIMELINE Northern Edge Joint Training Exercises ► Northern Edge joint training exercises are conducted biennially (every other year)in the ._ Joint Base Elmendorf- Gulf of Alaska for approximately three weeks Anchorage.- Richardson between April and October. — _ Cold— �ape _--- Navy s a maritime training area ► forethese activities en the Gulf of Alaskak known Montague lsland — :ucklmg Iniskine Homer Yakual, as the Temporary Maritime Activities Area " t Cape Iaaleton l (TMAA; see Figure 1). The Gulf of Alaska TMAA „� ' �"' Douglas V� � � is located offshore and avoids many sensitive >t:(r�, is coastal resources. U.s.const�narl ,µ BaseKod F"otViak Do- Studies occurring within and beyond the Gulf of ,} ` Alaska TMAA help the Navy better understand species distribution in relation to Navy activities ;o to support the Navy's environmental impact +° analysis, consultations, and permitting, as shown in the below timeline. 12-Nautical Mile Limt Department of Defense Installation Water Depth(in meters) yy� US.Army/Ar Farce 0 50 100 150 km " ., 4r Joint Base - -- TemporaryMarti me Activities Area N 5 40 BONM U.S.Coast Guerd Base \� _ cooamsa sys am rvaoean�wnioas The 12-nautical-mile limit represents the limit of U.S.territorial waters. Figure 1. The Gulf of Alaska Temporary Maritime Activities Area. The Navy is dedicated to protecting the marine and coastal environments 2011 -2015 2017 -2019 of the Gulf of Alaska.The Navy has Passive acoustic monitoring in the Gulf of Alaska Passive acoustic monitoring in the Gulf of Alaska funded marine species monitoring TMAA using bottom-mounted devices(High-frequency TMAA using bottom-mounted devices(HARP) within the offshore waters of the Gulf Acoustic Recording Packages[HARP]) 2017-2019 of Alaska since 2009 (see timeline), 2015 Humpback whale tagging study across multiple with approximately$6 million Underwater glider Navy training areas invested through 2021. passive acoustic study JL All, 2009 2013 2020- Present 2021 Line-transect surveys using visual Line-transect surveys using visual Chinook salmon Line-transect surveys and passive acoustics in the Gulf of and passive acoustics in the Gulf of tagging in Alaska using visual and passive Alaska TMAA(GOALS 1) Alaska TMAA(GOALS 11) acoustics in the Gulf of Alaska TMAA(PacMAPPS) MARINE SPECIES MONITORING GULF OF MARINE MAMMAL VISUAL AND ACOUSTIC SURVEYS Gulf of Alaska Line-transect Surveys Researchers from NMFS and other organizations conducted two large Kodiak sitka vessel Gulf of Alaska Line-transect Island Surveys (GOALS) in 2009 and 2013 with Navy funding (see Figure 2). Right Whae h -- Researchers used a combination of photo-identification, passive acoustics, and satellite tagging to determine l `_✓ distribution, movements, and densities " of marine mammals. Partners:Alaska Fisheries Science ✓ Jl V' Center, Southeast Fisheries Science _ � Center, Cascadia Research Collective, ° 50 °° 2°°""°"e`e`s ' Bio-Waves, Inc. Figure 2. Visual effort and Dall's porpoise sightings from the Gulf of Alaska Line-transect Surveys (GOALS II) research cruise from June to July 2013 (white = on-effort sightings, gray = off-effort sightings) (Pone et al., 2014). ► GOALS 1 (2009) • Visual survey of 760 kilometers (km) with 96 sightings of 11 marine mammal species seen. • Towed-array passive acoustic survey covered 3,519 km and recorded acoustic _ detections of two species (sperm whale and killer whale). - .- ► GOALS 11 (2013) �* • Visual survey of over 4,SO4 km with 802 sightings of 13 marine 1� mammal species seen. Alaska Fisheries Science C--�:_, • Towed-array passive acoustic survey covered 6,304 km and recorded six NOAA Fisheries Service cetacean species. • A total of 186 passive acoustic sonobuoys were deployed, with seven cetacean species detected. • Two short-term satellite tracking tags were deployed (attached to a blue whale and a Baird's beaked whale). Navy-funded line-transect surveys (GOALS 2009 and 2013) were combined with surveys funded by NMFS and the Marine Mammal Commission (Collaborative Large Whale Survey [CLaWS 2015]), and summarized in the Navy-funded Rone et al., 2017 report,Abundance and Distribution of Cetaceans in the Gulf of Alaska. The Pacific Marine Assessment Program for Protected Species (PacMAPPS) will conduct the Gulf of Alaska Cetacean Survey in summer 2021, also with Navy funding. ;. MARINEFisheries Science Center, NOAA Fisheries Service MARINE SPECIES TAGGING Humpback Whale Tagging and Genetic Studies(2017-2019) The Navy funded a multi-year humpback whale study in the Pacific Ocean using a combination of satellite-tracking technology(tags),genetic sampling,and photo-identification analysis. Partners:Oregon State University ► The project's objective was to conduct a comprehensive characterization of humpback whale movements during breeding,migration,and feeding periods using data from animals tagged in breeding areas(Hawaii)and feeding areas(Aleutian Islands,southeast Alaska,Washington, Oregon,and California). ► Through the combined use of survey methods,the results revealed complex migratory linkages between Hawaii and the Chukchi Sea,Bering Sea,Aleutian Islands,Gulf of Alaska,southeast Alaska,northern British Columbia,and Washington;as well as linkages between southeast Alaska and Mexico;and linkages between Washington/Oregon and Central America. ► Genetic analysis of biopsy samples provided valuable information on the mixing of Distinct Population Segments in the feeding areas,which complicates unequivocal assignment of individuals to breeding stock without further information. Sally Mizroch,Alaska Fisheries Science Center, NOAA Fisheries Service Janice e . Waite, Fisheries Y I ScienceI Y III . ,.• •. Amy Kennedy,Alaska Fisheries Science Center,NOAA Fisheries Service NOAA Fisheries Service Salmon Tagging (2020 - Present) The Navy deployed Pop-up Satellite Archival Tags and acoustic telemetry tags on Chinook salmon in the Gulf of Alaska. Partners: University of Alaska -Fairbanks, in coordination with the Northwest Fisheries Science Center ► The goals of tagging are to: • Identify the temporal and spatial overlap of large, immature Chinook salmon with human activities in the Gulf of Alaska. Tagged Chinook salmon,taken under Alaska Department of Fish and Game permit no.ARP CF-20-039.Photo courtesy of University of Alaska-Fairbanks . Understand large, immature Chinook salmon habitat use in the Gulf of Alaska and migratory routes from Alaska to the Pacific Northwest. • Identify specific Chinook salmon populations in Alaska using genetic analysis of tissue samples taken during fieldwork. ► Preliminary findings of tagging include: • • Chinook salmon prefer to feed and occupy coastal, on-shelf habitats. a M • Chinook salmon appear to have limited occupancy of over-slope habitats. • Some Chinook salmon utilize basin habitats during migration back to natal rivers. • Figure 3.Locations of 2011 to 2015 PASSIVE ACOUSTIC MONITORING Alaska (white circles)and Yukon 2017 to 2019(black Territory circles)High Bottom-Mounted High-Frequency Acoustic Kenai frequency Acoustic Recording Packages(HARPS) Peninsula Recording The Navy determined the presence of marine mammal and Packages anthropogenic sounds through passive acoustic monitoring Cook deployment via bottom-mounted HARPS in the Gulf of Alaska TMAA,which Inlet CA in the Gulf ofAlaska Temporary spanned the continental shelf,slope,and offshore seamounts O CB Maritime Activities at depths from 200 to 1,000 meters(m)(see Figures 3 and 4). • Area(Rice et al., -: 2020). Partners:Scripps Institution of Oceanography Whale Acoustic A Laboratory-University of California San Diego Kodiak 4 O ► 2011 to 2015 Island KOA • 90,000+hours of passive acoustic data were QN recorded and analyzed. O p L100 • No mid-frequency active sonar(MFAS)or low-frequency active sonar(LFAS)detected. • A few non-Navy explosions detected,likely d Figure 4.Mean fishery-related seal bombs based on the spectral u Blue whales g properties of the signals. y 3o weekly presence (gray bars)of 2 m - blue whale calls, ► 2017 to 2019 o _ humpback whale calls,and beaked • 14,060 hours of passive acoustic data was recorded a ; o - whale clicks at a and analyzed. = recording location • MFAS detected only in May 2019,overlapping with 900 Humpback whales on the continental known dates of naval exercise. d slope in the Gulf of - Alaska Temporary • LFAS detected April and May 2019.Navy confirmed Maritime Activities no LFAS was used during this time. Area.Data averaged c 0 across years with • Non-Navy explosives were detected at both the recording effort KOA and CB HARPs(see Figure 3).Navy confirmed 21 Beaked whales from 2011 to 2015; explosives were used during the red bars represent that no at-sea ex p g o 15 standard error(Rice recording period. rn _ et al.,2020). m Data summarized in the Navy-funded Rice et al.,2021 report, a Cetacean Occurrence in the Gulf of Alaska from Long-Term o Passive Acoustic Monitoring, include: Jan Feb Mar A r Ma Jun Jul AugSe Oct Nov Dec ► Increased calling of blue and humpback ► Only rare detections of North Pacific right ► Killer whale call types had different spatial whales in fall and winter,indicated possible whales occurred outside of designated distributions,possibly related to the behavioral shifts between feeding and critical habitat. presence of resident killer whales on the breeding,contrasted by the year-round ► Sperm whale detections highest on the shelf,and transients and offshore killer presence of fin whales. continental slope. whales in deeper waters. ► Seasonal presence of gray whales matched known migration routes. Commercial Underwater Glider After dive,data Q Telemetry via satellite .I The Navy investigated spatial distribution and © transmitted, 1 11m2015 02,0 temporal occurrence of baleen and toothed Z ©GPS obtains position new instruction �NrSj1e,r,1W'ha1e.1 whales in the Gulf of Alaska TMAA through awhilerfaceddownloaded passive acoustic glider survey(see Figure 5).The ---- (if needed)survey focused on the shelf break area between Middleton Island and Kodiak Island(see Figure 6). wnsor,and altimeter 0 Lap to 10% Partners:Bioacoustics Research Program- 4 Dives o 11-25% D50 1917/2015 14.52 Cornell University, Cooperative Institute for 700 m colleting data m O 26-50% Marine Research Studies- Oregon State 0 51-75°% University, and Applied Physics Laboratory- 1000 o Glider Track University of Washington li Glider Tra k ck ► Covered 744 km and collected 680 hours Figure S.Dive sequence for the underwater Seaglider'". • PAM off of acoustic data from July and August 2015. Hydrophone PAM on . tomni-direcnonap ► Recorded 315 cetacean encounters representing / D200 141812015 22:10 six species. ► Blue whale and fin whale calls were the most abundant baleen whale detected. PA 'electronics 10029.r7r20150246 ('side pressure housing ► Acoustic data showed the potential presence of sei whales, but no known vocalizations of humpback, North Pacific right, minke,or gray whales were recorded. ► Sperm whale and killer whale calls were the most abundant toothed whale detected. ► Acoustic data also detected Pacific white-sided dolphin,a possible Stejnejer's beaked whale,and a few unidentified odontocetes. Figure 6.Glider detected sperm whale clicks with circle Seaglider'",photo courtesy of Applied size indicating percentage of recording time per dive with ► No acoustic detections of naval sonar in the study area Physics Laboratory,University of sperm whale detections.Path shown traveled is the during the survey. Washington,Seattle,WA. pre-planned survey track along the slope(Klink et al.,2016). 39 For More Information: U.S. Navy Marine Species Monitoring Program www,na vymarinespeciesmonitoring,us No. U.S. Navy Marine Mammals and Biology Program www.onr.navy,mil/en/Science-Technology/ U.S.NAVY Departments/Code-32/all-programs/marine- mammals-biology STEWARDS OF ► U.S. Navy Living Marine Resources Program www.navfac.navy.mi/Ina vfac worldwide/specialty_ centers/exwc/products and services/ev/lmr.html No. Commander, U.S. Pacific Fleet www.cpf.navy.mil No. U.S. Navy Stewards of the Sea www.usff.navy.mil/environmental/ U.S. Navy Stewards of the Sea Facebook Page , www.facebook.com/USNavyStewardsoftheSea Front cover photo credits, left to right. Beth Swanson,Alamy Stock Photo F: Merrill Gosho,Alaska Fisheries Science Center, NOAA Fisheries Service ` Brenda Rone,Alaska Fisheries Science Center,NOAA Fisheries Service Sally Mizroch,Alaska Fisheries Science Center, NOAA Fisheries Service Back cover photo credit:Vladimir Burkanov,Alaska Fisheries Science Center,NOAA Fisheries Service City of Seward Department Activity Reports 41 Community Development Department Jason Bickling ➢ Now that the snow is going away and the ground is thawing, we are looking to move forward on the Cemetery Columbaria installation in the coming weeks. ➢ Jason will be attending the School Board Meeting on Monday, May 1st, to make comments on the city's efforts to address the housing issues we are facing. ➢ Ongoing work on the Public Works Building Project — both new site development and the development of the current site for residential housing after it is moved. ➢ Assisting with work on the Public Safety Feasibility Study ➢ Involved in meetings with the Department of Corrections staff (both state and local level officials) in regard to working on some possible housing solutions for the Spring Creek Facility. ➢ We are working on seasonal business license STR permitting and compliance as the summer season is getting closer. Courtney has created an educational flyer to help property owners understand if they can operate an STR and how they can do it legally. ➢ I briefed the Superintendent of the Kenai Peninsula Borough School District on our efforts and progress on the housing issues. ➢ Working on Code Revisions in Title's 8, 9, 15, and 16. ➢ We are working on developing some information that will be brought before the Planning and Zoning Commission for discussion including an empty lot inventory list and unoccupied home list. ➢ Selena is continuing work on the Public Works GIS. She is getting equipment spec'd and ordered and will be training the water /wastewater staff in its use. ➢ At the P&Z Work Session on May 23rd, Selena will be presenting the cemetery GIS presentation and we will be discussing the Cemetery Master Plan (which hasn't been updated since 1996). ➢ We are continuing with our normal business of processing of records requests, short term rental permits, replats, rezones, CUPs, and consulting regularly with 42 community members that have questions about the development and use of their land and helping with applications. 43 Electric System Director Rob Montgomery ➢ Electric Utility Special Election — Continued efforts to inform voters about the benefits of selling Seward's electric utility to HEA. Following are some highlights: o Week of April 24 • Speaking engagement— JAG (April 27) • Speaking engagement— Seward Senior Center (April 27) ■ Rob Montgomery— Radio Interview w/ Chris Story (April 25) • Seward Journal — Liz DeMoss letter, business leaders' column (April 26) • May 2 — Special Election ➢ Infrastructure Project— Seward operations personnel continue to work with Sturgeon Electric in preparation for construction start-up on Nash Road, scheduled for early May. This work will lead into the substation refurbishment work set for the Fort Raymond and Lawing substations in July/August. ➢ Bradley Lake Project Management Committee (BPMC) — Participated in the regular meeting of the BPMC, which was held May 5 in Anchorage. ➢ Railbelt Utilities Managers Meeting — Participated in the regular meeting of the RUM in Anchorage on May 5. 44 Los, -.Udal*�--A CMR Finance Department Sully Jusino Deputy Finance Director Mission Statement: Valuable Objectives: To provide the highest level of services responsive to our We built trust with all stakeholders through responsible community's expectations and to enhance the quality of stewardship of public resources with integrity, life and economic vitality. accountability,and respect. Utility Department: The finance department and the Carmen Jackson team continue to work on utility billing issues and resolving old problems identified through internal audits of the City. The finance department is working internally and with Harris to resolve issues. This includes a new collection program to work on collecting outstanding balances and correcting billing issues. Additionally, the City is recommending the outsourcing of certain utility billing activities that will increase efficiencies and provide an additional level of control. Change for summer rates for residential and SGS will be on 4/15 reflected in the 5/31 bill. Annual Audit: The 2022 fiscal year audit fieldwork with the auditors from Altman, Rogers & Co., has concluded with the exit conference occurring on April 19. The only outstanding items relate to the integration of Providence health financial information, which relies on receiving their final audit. Overall we anticipate completing the process in a more timely manner than the last couple of years. Staffing: The finance department continues to struggle with retaining staff, with the current payroll technician moving to another position within the City starting in May. Along with potential outsourcing of certain utility billing duties, the department is also evaluating the job descriptions and looking at ideas to better retain staff in the department. City Code and Fiscal Manual updates: The department continues to review the fiscal manual and portions of the City code with financial implications as part of the overall updates to policies and procedures. 45 IV Fire & Building Department Fire Chief Clinton Crites 2023 TYD Statistical Information: Fire & Life Safety Inspections: 102 with 60 violations —� noted. We NEED volunteers, if you or Emergency Calls: 068 someone you know is interested in serving your community, please New Building Permits Issued 2023: 19 give us a call at 224-3445 or stop with a total construction valuation of $2,011,687. by at one of our trainings on Wednesday evenings at 6:00pm. • Mark your calendars; Phoenix Chapter Fundraising Cruise May 27th, • April 25th Mayor Micciche was on hand as multiple Fire Departments across the peninsula received State of Alaska grant funded extrication equipment. Seward Fire Department received $15,200.95 in extrication equipment with no cost to the citizens of Seward as accepted by Resolution 2023-009. Individuals interested in keeping your home safe from fire should contact the Sew m II I� a • • Fire Department CommunityReduction division for • • • about Seward Fire Department PC Box 167 Seward,AK 99664 907-224-3445 sewardfd@cityofseward.net NEWS RELEASE For Immediate Release: Contact: Chief C. Crites April 27, 2023 Phone: 907-224-3445 Seward Fire Department Holds Annual Awards Banquet The Seward Fire Department celebrated another successful year of serving the community at its annual awards banquet We chic=day April 26'j12023. Even,year-we honor the braven•- sacrifice- and dedication of our members through these awards; thi_ Year-s recipients are examples of these qualities. The aivardee4 are nominated b-Y their peers for exceptional ser,-ice to their connnunity during the previous rear. --[fur volunteers fief;-e our residents acid visitor_ of Seward throughout all hours of the day and nizlit- and do so with k-en- little praise, '-said Seward Fire Chief Clinton Crites. The follou-ing individuals were recognized for their special achievements in 202.2.: Firefighter of the Year: Morgan Woodard Distinguished Service Award: AqdjA Woodard Chief s Award: Jesse Pike Community Service Av,ard, Individual Citizen: Randy&90gj4 St Susie Martin Community Service Award, Organization: Major Marine Tours &Tom Tpjg Most Calls Ran(160): Lisa Musick Most Training Hours (65-25): Jesse Pike Also noteworthy-were the Recognition of years of service: Jilian Chapman 21 years, Austin Chapman 2.2.years, Jonathon Gage 26 rears, and Teri•Moon 31 years- Firefighter Evan Hinton was pinned as a Firefighter l after completing over 200 hours of training over the course of 2 years- Firefighter Morgan Woodard was recognized as Seward's first fiill- time Firefighter.EMT- V V The Se-v and Fire Department along with its dedicated volunteers responded to 348 calls for service in 2022-Not all volunteers are Firefighters, the fire department has non-certified (Auxiliary) members that assist with many other aspects of the department. If you are interested -n becoming a volunteer Firefighter or Auxiliary member, please give us a call at 224-3445 or send us an email to ei-k,ardfd, .cityofseward.net- Men and women with almost every skill set are needed. We are always looking for ne-w talent interested in giving back to their community- 47 _-__~-- - 1 " .. ,. !1UR .. w e ! I �+Y s 8� Above: Deputy Chief McCoy, Chief Crites, and Firefighter of the Year Morgan Woodard. Below: Chief's Award recipient Jesse Pick, Deputy Chief McCoy, and Chief Crites a 4. P R a. v " k r.h a. t ;'s a= 48 r d ""` y• `' � a,j is T µ - x a a r r# r k AN re Become a Volunteer Firefighter or EMT FIR . Stop by the Seward Fire Department for more information �yy9n p5 Harbor Harbormaster Norm Regis ➢ The 50-ton and 330-ton Travelift has started to pick up; fishing vessels are going into the water for the season. ➢ We are continuing to train several new harborworkers on the maintaining and operating the Travelifts. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. The last thing we need to do is to chlorinate the water system on G, K and L-float, this will happen when the water department turns the water on around the end of April or the first week of May. Then we can acquire our DEC permit. ➢ This spring we will continue the cleanup at the old Raibow dump area, just a few more items to deal with and we can lease the property out again. ➢ The harbor office will be open seven days a week starting May 7. ➢ We have hired two harbor aides for the summer season. ➢ The North East Harbor launch ramp project has been closed out. ➢ We are currently working with the Director from the Pacific Northwest &Alaska Maritime Administration U.S.DOT on finding a suitable grant for the washdown pad project. ➢ We are waiting on funding for the 5-ton crane on I-Dock, Corp Permit has been approved ➢ We have sent the Coast Guard the resolution and the Purchase and sale agreement for them to look over. (Have not received any response as of today) ➢ The harbor is helping the parking department prepare the parking lots for striping and Contractor is scheduled to be here second week of May. ➢ The harbormaster went to DC with the City Manager and Vice Mayor Osenga last week. 50 Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Alaska Steamship Company Menus Featured in the Windows of History display is a collection of artwork by Josephine Crumrine .n and Eustace Ziegler that graced Alaska Steamship Company souvenir menus throughout the 1930s-1940s.You'll also see a brief history of Alaska Steam and some of its historic / brochures. Thank you Museum Volunteers We would like to thank our amazing museum volunteers, from the Resurrection Bay Historical Society and the Seward Community Library Association, for all their hours caring for the museum and its collection. In 2022, both organizations combined contributed over 660 hours to volunteering, with RBHS having 624 of those hours. We would also like to thank local Boy Scout Troop 568 for volunteering 56 additional hours with RBHS to complete other large museum tasks. Play n Chat Bloom brings arts n crafts, storytime, and playtime every Tuesday and Thursday for our younger crowd. New At the Library: Adult Discovery Kits Knitting Crocheting Watercolor A Soapmaking Pyrocraft-woodburning with stencils Stargazing 6" r ��'�rr CTERARY& i 51 Upcoming Events: Saturday, May 6 @ 1 pm- All Things Publishing for writers looking to get their books published. Saturday, May 13, 11am - 12pm, Mother's Day craft for children. Movie @ 2 Starts- Tuesday, May 16 at 2 pm. Summer Reading Challenge Sign-ups have started. Come sign-up for the summer reading challenge. Saturday Storytime: Join us for Story-time and an activity every Saturday at 11:00 a.m. Library hours Tuesday - Friday 9 a.m. - 6 p.m. r Saturdays 9 a.m. - 5 p.m. Museum Winter Hours Tuesday - Saturday -by appointment only We served 5600 patrons for the month of April 2023. We are currently taking passport appointments for new passports. The t _ library does not do renewals. Please call 907-224-4082 to make an appointment. yew a,�d ��'rr CTERARY& s 52 a iJ 3 f -W�. p Seward Summer Reading Program i i i i i i i i i i i i i i i i i i • i i i i i i i i i i i i i i i i i i i i i i i i i i w The Sevvard Community Library & Museum is happy to announce our nev°v theme for the 2023 Summer Reading Program is Community Heroes! We are partnering vvith different community heroes in Sevvard such as Alaska Waste, the Alaska Sealife Center, the fire department and many more! The program will be held every Wednesday from 5/31 to 8/2! Program Includes: E` L' 'E Fes* • Six reading logs (4 hours each in 20 minUte blc ks) • Weekly field trips or presentations hunted Lit the library • Starter goodie bagA. y - - • Weekly dramatic play toys in the hildren's Roam • A free baby bear ice cream from Slvveet Dal lirigs upon completion of the program! Register today in person at the library front desk or online b scanning the OR code. Registration ends 5j4! Seward Community Library & Museum . e 907-224-4052 .E lihmusactofseard.net (Friends of the Seward 6 5i: We appreciate the support from the Seward Ubrary ha Community Library Association! 'qua * i a • ALiL PUBLISHING Are you ready to take the next steps as a writer? SATURDAY, MAY 6TH 1RE00 PM SEWARD COMMUNITY LIBRARY & MUSEUM Please join us to get some tips and tricks on how to get your writing published with Marguerite Buchanan! Parks & Recreation • SPR is facing what many departments are facing, an almost entirely new FT year-round crew with every member currently on board having less than an year with the dept and most under 2 months of experience. Onboarding and training of newer FT staff has also been hindered by the setbacks caused by the Campspot online campground reservation site crash on 4/3, which took away from pre-season parking and campground prep. Additionally we are going into our busiest season with no summer positions filled and very few applicants. Please help advocate for SPR by spreading the word. It is hard work we are a fun and supportive team and what we do to support our community and visitors is extremely rewarding. Thank you very kindly! • Currently recruiting for the following seasonal &FT/YR positions: o Sports & Rec Assistant, Sports & Rec Program Aides, Campground Attendants, Park Maintenance Workers, Campground & Park Maintenance Aides, Gardener&Parking Attendants. • Maintenance: o Lagoon boardwalk repairs. o Kawabe bathroom water turn on and repairs. o Vehicle inventory status & repairs ongoing. Unused vehicles being brought back into use, coordination with Public Works for repairs and quotes for needed out of house repairs, tires, interior detailing and repairs, batteries, key cuts etc. o Marathon Campground graded by Public Works, many thanks! o Summer equipment maintenance & repair work ongoing. o Branson Pavilion Hood Cleaning &Inspection tentatively scheduled for May 12t" pending water turn on. • Campgrounds: o Campspot online reservation issue clean up ongoing but nearing completion. o Picnic tables &fire rings distributed. o Portable toilets &dumpsters distributed. o Initial trash clean up completed and continues as snow melts. o Late winter weather may push back water turn on and bathroom opening in campgrounds. • Parking: o Seasonal parking passes will be available for purchases at pay stations tentatively from May 15tn o Parking lots tentatively scheduled for opening May 30tn o T2 systems training and equipment status/maintenance checks. o Harbor and Public Works pre-season parking lot sweeping-many thanks! Striping to follow. Sports & Recreation at AVTEC Gym: Hours of Operation: Tuesday - Saturday 10am-8pm Sauna hours: Tuesday's &Thursday— Saturday Men: 5-6pm Women: 6-7pm Racquetball court reservations: https://seward.recdesk.com/ -Tuesday - Friday: 2-7pm -Saturday: 10-7pm Pricing: Memberships and punch cards can be purchased online at https://seward.recdesk.com/ Day Pass (Adult, 18+): $5 Youth Pass (6-17): $3 Senior Pass (60+): $3 Yearly Adult membership: $180 Yearly Youth membership: $80 Senior membership: $80 RC Car Race Family membership (2 adults, and any youth 6-17): $350 12 punch passes: $40 6 punch passes: $20 Daily Activities: Tuesday: Open Gym: 10-6pm Senior Walking Hour: 11-12pm 55 Craft Night (multi-purpose room): 6-8pm AVTEC organized activity: 6-8pm (public welcome to join) Wednesday: Senior Walking Hour: 11-12pm Open Pickle Ball: 6-8pm Cribbage Meet Up: (multi-purpose room): 6-8pm Thursday: Senior Walking Hour: 11-12pm Youth Gym: 12-1pm Open Basketball: 6-8pm Friday: Senior Walking hour: 12-1pm Youth Open Gym: 3-5pm Open Volleyball: 6-8pm Saturday: Open Rock Wall: 2-4pm Adult Rock Wall: 4-5pm *AVTEC Gym will be closed May 2"d through May 161" due to staffing shortages. Gym will also be closed all Saturdays through May &June and will close for the summer after Friday, June 30th. Check out our upcoming Saturday events below! AVTEC/Sports & Rec Gym Patron Usage: April to date: 855 73 ._ Upcoming Leagues, Events &Activities: May 6th: Super Saturday Cleanup & Bike Rodeo 10 am - 12 pm May 13th: Pink Cheeks Triathlon 10 am May 21st: Exit Glacier Race 10 am 1 May 27th: End of School Bonfire 6-8pm (First Lake Pavilion) June 9th: Bear Bell Run: 5:30pm (Branson Pavilion) VOLUNTEERS NEEDED for both race events! Sports & Rec Happenings It's now event season for sports and recreation. We began with our Earth Day Art Contest and 3rd annual Kite Festival on April 22nd. The Kite Festival went very well with several hundred people making their way down. Many people traveled down from Anchorage and the valley area to see the festival including the Alaskiters Club that supplied the main large kites. We had four vendors who all did well and expressed interest in coming back next year, (Moosequito Eatery, Hillbilly Kooking, Wisconsin Cheese Curds and GG Macs). Some of the vendors even sold out of food. The winners of the art contest were elementary students Elsie Vachowski, Nora Mallory, and Savannah Wilkerson. Their artwork is pictured below. Speaking of art, we've had a contingency of four at art night including one amazing 14 year old wood- burner Addison Gerlach. Her artwork is also pictured below. Coming up we have the Super Saturday Cleanup and Bike Rodeo on May 6th, Pink Cheeks Triathlon on May 131" and Exit Glacier 5K & 10K on May 21st. Lots of folks are chipping in for the Bike Rodeo including the police department, fire department, the bike shop and many other City employees. Thank you all! If you haven't already, please sign up to volunteer for Pink Cheeks! A delicious locally catered lunch will be included! The gym will be closed from May 2nd-161" due to staffing shortages however we have some local applicants that have stepped up to help keep the gym open through the original date of June 301" that we hope to get hired on soon. Many thanks to our super supportive community members who are willing to step in! m� f;DWI' yr s ♦ � 56 "A" t� a, � i I I Ongoing Leagues &Activities: Finally we have some self-guided challenges for the community for the summer; Drive Less, Move More Seward Emissions Challenge and the BioBlitz Challenge. There will be a Trails Challenge later in the summer. Seward Kite Festival 2023 After a very long winter Alaskiters went to Seward, AK for the 3rd annual kite festival. Beautiful 9- day but when we headed back to Anchorage we were facing white out conditions through the three passes back home. We dodged a weather bullet that day and had a great time flying in Seward on a beautiful day. www.youtube.com https://www.youtube.com/watch?v=e ftIyl8nio On-Going Parks and Rec Challenges: Drive Less, Move More Emissions Challenge (May 1- August 31) https://runsigncnuup.com/Race/AK/Seward/TESTforEarthDayEveryDaySewardTransportationChallengeg TBD Drive Less, Move More Seward 57 Emissions Challenge The Drive Less, Move More Seward Emissions Challenge is on Monday May 1, 2023 to Friday September 1, 2023. SPRD BioBlitz (May 1 - September 30) https://www.inaturalist.orci/pro*ects/sprd-bioblitz-challenge SPRD Bioblitz Challenge Get together with friends or go out on your own to find as many species of flora and fauna as you can! SP R www.i natu ra l i st.o rci SEWARD PARKS Id RECREATION Trails Challenge https://www.canva.com/design/DAFCBwd8xQM/YVWRgzUPgGEgtiAraY6*JQ/edit?utm content=DAFCBwd8xQM&utm c ampaign=designshare&utm medium=link2&utm source=sharebutton 58 4/28/2023 Public Works Department Doug Schoessler - Director ➢ Public Works Director • US Army Corp of Engineers -Tunnel: -The presentation at the March 28 Council meeting went very well. All attendees at the meeting were excited to hear of the progress,design planning,and construction schedule. They are at 35%in design and moving forward. -The annual tunnel inspection group was here separately and completed the yearly walk through inspection. Results are forthcoming. -Additional USACE persons in charge also made visits to Seward to check on the project and do a personal visit here. • Public Works Facility Relocation: -The task order to design to 35%passed on the last Council meeting. Thus, R&M Engineering will provide that engineering and a construction estimate for use in bonding for funds to build. They plan to have this all complete in June of 2023. • Utility extensions: -We are working on the design for current Public Works location water and sewer mains to be ready service all future residential uses. • Federal FEMA and State Emergency Management: - The project will continue with Architectural and Engineering (A&E). This will start the Category C portion for bringing the road to a final condition. Cat C work will also include some debris cleanup behind the concrete blocks along the slide. .......................................................... ➢ Buildings -We are recruiting again for the custodian position that will work on the Library, Annex, and where needed for Public Works. ➢ City Shop -Next week all City vehicles will have the winter tires changed over to summer tires. A busy week for sure. The in-between spring/winter weather has our multiple-equipment uses needing servicing while we change tasks to keep up with the seasonal conditions. The garage doors and openers are being checked and serviced. Page 1 of 3 59 4/28/2023 ➢ Streets Department -Sweeping has begun and will continue for the next month or two. -The rock debris piles at the landslides, behind the concrete blocks, have been cleared and the catchment areas are ready to stop some more of the continuing falling rocks. -Street crews will continue to grade gravel roads and patch potholes throughout the spring. �e T - A ➢ Water &Wastewater Department -Some construction is already starting this season. The locate requests are coming in steadily. -Water systems and alarms are all showing normal and being monitored daily to ensure water quality is above standards. -Monthly testing of water and wastewater systems is being done and submitted to DEC as required by the permits. -------------------------------------------------------------------------------------------------------------------- Page 2 of 3 60 4/28/2023 ➢ Wastewater Lagoon: • Using a multi-function portable probe, perform summertime DO, pH and temperature measurement profiles in grid pattern from both lagoons during a period of non-rainy conditions and at least 3 days after a significant rain or high user population event. Testing profiles are being logged for all measurements. We plan to finish the full recommended data collection in June 2023. • During the same effort, from at least four separate locations in each lagoon aeration zone (front and back zones of both basins), collect composite samples of BOD, TSS, carbonaceous BOD (CBOD), soluble carbonaceous BOD (SCBOD), ammonia, total Kjeldahl nitrogen (TKN), alkalinity, nitrites nitrates Testing profiles are being logged for all measurements. We plan to finish the full recommended data collection in June 2023. • -The City was successful through Senator Murkowski and others in recently getting approved for $2,000,000 of funding for sludge removal on the City's sewer lagoons. This project is tentatively scheduled for 2025 depending on sludge buildup in the lagoons. There is also a 20% match on those funds that will have to be paid. • -We are currently working on other grant or loan funding to replace the liner at that same time. The liner replacement will also require the use of a helicopter to lift out the 40 biodomes and reinstall them on the new liner. • -This will also be the time to make any upgrades to the air systems and blower components since all "in-lagoon" systems will have to be removed to install a new liner. Because the lagoon will have to be drained (one side at a time). We can capitalize on construction costs and efforts by installing new system upgrades at the same time. • The new DEC permits also added a disinfection requirement to be completed in the next 5 years. • -We are working on the funding and coordination of the many components and the planning efforts in the next few years will help make a successful project. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ -A repeating reminder to all residents not to flush wipes,feminine products, etc. clown the toilet. Also, never put grease down the drain. Sewer clogs due to these items cost the sewer utility thousands of SS each year to fix the problems that could have been easily prevented. These losses of capital are to be reflected in monthly sewer service rates. Page 3 of 3 61 City Clerk Report May 8, 2023 Seward City Code Recodification Project Legislative History Title Status Ordinance Enacted 1 General Provisions Completed 2022-010 8/22/22 2 Administration Completed 2023-002 2/13/23 3 Personnel Completed 2022-006 3/14/22 4 Elections Completed 2022-017 1/9/23 5 Revenue and Finance Completed 2023-005 3/13/23 6 Purchasing,Contracts and Final draft with finance for review/creation of a new section Professional Services for credit cards(1/17);held backfrom introduction on 4/24 and 5/8(4/17) by city m r 7 Public Property Completed 2023-008 4/10/2023 8 Business Regulations and Section 8.15 to Comm Dev for incorporation into Title 15 Licensing (3/14) 9 Health and Safety Introduced April 24;enactment May 8 2023-010 5/8/2023 10 Public Peace,Morals and Introduced April 24;enactment May 8 2023-011 5/8/2023 Welfare 11 Vehicles and Traffic Final draft to P-D, PW for review(3115); Title II will go to council in coordination with updating Title I in a standalone ordinance 12 Buildings and Construction Introduction May 22 13 Streets and Public Improvements 14 Utilities 15 Planning and Land Use Title 15 is with Comm Dev Regulations 16 Subdivisions Note: The following Titles will be coordinated so they're brought forward together: Title 8 + Title 15 Title 11 + Title 1 Respectfully submitted, Brenda J. Ballou, MMC City Clerk 62 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP ATTORNEYS AT LAW SUITE 302 911 WEST EIGHTH AVENUE ANCHORAGE, ALA SKA 99501 TELEPHONE: (907)272-8401 FACSIMILE:(907) 274-3698 bcf@bcfaklaw.com May 2, 2023 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during March. General Matters: We advised on several requests for public records. We advised regarding the lease for the Breeze Inn property. We reviewed a draft revision of Title 6 - Purchasing, Contracts and Professional Services and the recodification ordinance for Title 9. We advised the library regarding room rental practices. We advised on contract amendments to the Management and Operating Agreement with Providence for operation of the Providence Seward Medical Center. Electric Utility: In April, we finalized a draft of the purchase agreement with HEA. This process included various meetings with HEA and their attorneys, reviewing and revising drafts of the agreement and preparing exhibits and schedules to the document. We also advised on the Nash Road project and a non-disclosure agreement. Personnel: We advised on multiple personnel matters including an employee arbitration and a complaint about wages. We worked on amendments to Title 3 and advised regarding creation of employee policies. This process will help clarify which policies apply to employees and help move away from the previous policies which did not appear to ever be formally adopted. Planning: We continued to advise regarding potential enforcement actions for violations of the short- term rental code. This included advising on a permit denial and subsequent settlement of the matter 63 Status Report to Seward City Council May 2, 2023 Page 2 of 2 prior to a hearing with the Planning and Zoning Commission. We filed a lawsuit against out of state property owners who are operating a short term rental in violation of city code. You can expect to receive our next status report by June 7th. Very truly yours, CHANDLER, FALCONER, MUNSON& CACCIOLA, LLP Brooks Chandler 64 City of Seward,Alaska City Council Special Meeting Minutes April 24, 2023 Volume 42,Page CALL TO ORDER The April 24, 2023 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor McClure. OPENING CEREMONY Deputy Police Chief Karl Schaefermeyer led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Norm Regis, outside the city, thought that GovHR did a great job last time they did city manager hiring. He recommended council look hard inside the state of Alaska. Lynda Paquette, outside the city, said the city had used GovHR in the past, and one thing she thought was really important was who the candidates knew in the community prior to interviewing them. She thought it was important to have transparency;if a candidate knew people in the community there may be undue influence. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. 65 City of Seward,Alaska City Council Special Meeting Minutes April 24, 2023 Volume 42,Page Presentations GovHR Presentation by Mary Jacobs And City Council Discussion Regarding City Manager Recruitment Services. DeMoss asked if the advertising would be done nationwide or just in Alaska.Jacobs said the advertising would be done nationwide,but would also pay attention to certain target areas,including Alaska, Idaho, Montana, Colorado, Oregon and Washington. DeMoss wondered if GovHR would also be able to advertise for a finance director as well. Jacobs said she could advise the city to use Linkedln and to post on free recruiting sites. Jacobs added that Seward was not the only community struggling to recruit a finance director. NEW BUSINESS Resolutions Resolution 2023-046,Authorizing The City Manager To Enter Into A Recruitment Services Contract With GovHR,And Appropriating Funds. Motion (Osenga/Wells) Approval of Resolution 2023-046 Finch wondered what services the Alaska Municipal League(AML) could provide. Bower said AML could advertise,but could not offer screening services or background checks; the city's insurance company,AML/JIA,could perform the background checks.Finch wondered if it would be prudent to try AML for four weeks before contracting with GovHR. Wells wondered if there was city staff available to handle the application process. Human Resources Manager Tammy Nickell said she would be responsible for the process. Osenga said the advantage to using GovHR was that they would screen the applications and narrow down the best candidates to present to council. He wished to cast the widest net possible, which meant advertising nationally. Calhoon was in favor of the city doing the recruitment for 30 days;he was willing to put in extra work as necessary. Motion to Postpone (DeMoss/Calhoon) Postpone Resolution 2023-046 until the first meeting in June to allow for a city recruitment period. DeMoss said she wanted to see what applications came in, use AML/JIA for background checks, and have council review all the applications. In response to Calhoon, Jacobs said the GovHR proposal would be good for six months. 66 City of Seward,Alaska City Council Special Meeting Minutes April 24, 2023 Volume 42,Page Motion to Postpone Passed Yes: Wells,DeMoss,Barnwell, Calhoon, Finch,McClure No: Osenga McClure said this resolution would come back to council on June 12, 2023. By unanimous consent, council scheduled a special meeting on April 27, 2023 at 5:30 p.m. to review HR's draft city manager recruitment materials. CITIZEN COMMENTS Lynda Paquette, outside the city, thought this was a wise decision for council to make, given that the election was coming next week and one of the items on the ballot was to expand the boundaries for city manager residency. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS Barnwell was excited about this process; he thought trying to hire an Alaskan was a good approach. Wells thanked GovHR for the presentation tonight. He also appreciated the suggestion to conduct a city recruitment. DeMoss was also excited to focus on Alaskans and to try a city recruitment. She thought word of mouth could be effective. Finch appreciated the GovHR presentation. He was willing to put in the time to do a recruitment. Calhoon was happy to try something different. Osenga thanked GovHR for the presentation. McClure said this was not the first city council to hire a city manager on their own. ADJOURNMENT The meeting was adjourned at 6:30 p.m. Brenda J. Ballou, MMC Sue McClure City Clerk Mayor (City Seal) 67 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page CALL TO ORDER The April 24, 2023 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding, and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carolyn Roemer, outside the city, was a 30-year resident of Seward and she was deeply concerned about the electric sale. She had been researching the sale for the last three weeks; she appreciated that council had to trust the people they hired to advise them. She thought the utility system was very cumbersome and the way it was set up made it difficult to manage. The choice of going with HEA was guided by people council hired, some of whom would not live with the consequences of this sale. The city's infrastructure upgrades were nearing completion;the revenue the city could gain from the cruise ships when they were tied up could bring millions of dollars to the city. Roemer thought the city's utility was in good repair, and the generators were state-of-the-art. She believed the sale price was a very low figure and the sale, under these conditions, would be irresponsible. WC Casey,inside the city,was a former employee of the city for over 37 years;he had been through many budget sessions and had managed four enterprise funds over the year. He thought selling the electric utility was the worst idea he had heard of.He believed it would be a huge mistake and was opposed to the sale. The electric department was a vital enterprise fund for the city. 68 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page Trent Lafleur,inside the city,owned a kayak business in Seward. Over the last year,he had worked with Seward's Small Business Development Center(SBDC)advisor and said the SBDC had been critical to his ability to grow his business. Hannah Lafleur,inside the city,was grateful for the services that she had received through the SBDC advisor in Seward; the SBDC advisor helped find funding for expanding her business. Tim McDonald, inside the city, was a 50-year resident of Seward. He remained upset that the podium in council chambers had been removed and replaced with a table and chair. Regarding the electric sale, he was concerned that the city had not been supportive of net metering from the beginning;the windmill at AVTEC was an example of a missed opportunity. Selling the utility took away a valuable asset from the citizens. Kat Sorensen, inside the city, was executive director of the Chamber of Commerce; the chamber funded half of the SBDC advisor position in Seward and also provided office space for the SBDC advisor inside the chamber building. The benefit of having the SBDC advisor in Seward was tremendous. KerriAnn Baker,outside the city,worked for Homer Electric Association(HEA). She was appreciative of council's support of HEA. She said HEA was making their presence known and employees accessible for anyone to ask questions. She was available to answer anyone's questions. She was proud to work for HEA, and through this process,she had fallen for Seward and thought it was a great community. She praised the employees of the city's electric department and observed that they were a caring and hard working team of employees. David Foote, outside the city, had been a lineman in Seward for eight years. Along with himself and three other operators, there were four employees who were extremely knowledgeable about the electric infrastructure. If the vote did not carry for the sale,then the city needed to respect the business operations as an enterprise fund;the funds could not be used as a slush fund.He thought HEA would do a pretty good job,but the city's staff had also done a great deal of work to improve the city's system, including getting trees removed, checking and double checking lines, and taking proactive steps to make repairs and improvements. Lynda Paquette, outside the city, said Ordinance 2023-014 was in tonight's packet for PACAB,but included an attorney redlined version as well. She didn't understand why the ordinance would be changed since PACAB had already approved it. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Wells) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the March 28,2023 City Council Special Meeting Minutes. 69 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page Approval of the March 28, 2023 City Council Regular Meeting Minutes. Approval of the April 6, 2023 City Council Special Meeting Minutes. Approval of the April 10, 2023 City Council Regular Meeting Minutes. Introduction of Ordinance 2023-010,Amending Seward City Code Title 9—Health And Safety For The City Of Seward Recodification Project. This ordinance was introduced tonight and will come for public hearing and enactment on May 8, 2023. Introduction of Ordinance 2023-011, Amending Seward City Code Title 10 — Public Peace, Morals And Welfare For The City Of Seward Recodification Project. This ordinance was introduced tonight and will come for public hearing and enactment on May 8, 2023. Introduction of Ordinance 2023-012,Amending Seward City Code Title 3 —Personnel. This ordinance was introduced tonight and will come for public hearing and enactment on May 8, 2023. Introduction of Ordinance 2023-013,Enacting Seward City Code,Section 3.50.040-Floating Holiday. This ordinance was introduced tonight and will come for public hearing and enactment on May 8, 2023. Introduction of Ordinance 2023-014,Amending Seward City Code,Chapter 2.30-Boards and Commissions. This ordinance was introduced tonight and will come for public hearing and enactment on May 8, 2023. Resolution 2023-045,Appointing Harbormaster Norm Regis As Acting City Manager For Up To Six Months Beginning May 11,2023,With The Option To Extend As Necessary. Resolution 2023-047,Authorizing The City Manager To Purchase An"HLA Hydraulic Wing Blade"Loader Attachment In The Amount Of$21,150 Plus 10% Contingency Of$2,115 From Construction Machinery Industrial,LLC (CMI)And Appropriating Funds. Resolution 2023-048,Authorizing The City Manager To Approve The Purchase Of A Backup Pump Replacement With DXP Alaska Pump & Supply, Inc For The Town Wastewater Lift Station#1 In An Amount Not To Exceed $57,887.50 And Appropriating Funds. Non-objection to the transfer and renewal of the liquor license #3230 — Restaurant/Eating Place, and approval of the Restaurant Designation Permit, for Apollo Restaurant. Appoint Laura Erickson to the Historic Preservation Commission with a term to expire May, 2025. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards —None 70 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page City Manager Report. City Manager Janette Bower said she had traveled to Washington DC last week with the harbormaster and vice mayor to meet with legislators; they had an intense couple of days in meetings. They met with the US Coast Guard to discuss homeporting an icebreaker in Seward; Juneau was chosen for that homeporting. There were three large cutters being built, and those were slated to go to Seattle. There would then be three medium size cutters,and one might be homeported in Seward; it could be 8-10 years from now. Regarding the Fast Response Cutter (FRC) that was coming to Seward, the vessel would be completed in 2028. The USCG required housing to be in place before the FRC could be homeported; the USCG would obtain land acquisition in 2024 and then they could get started. The next meetings were with USACE for the Lowell Canyon Diversion Tunnel which was at 35%design. The project started at$185 million,but was now expected to cost up to $223 million. She was working with the USACE to extend the current Operating & Management Agreement on the existing tunnel to make sure it remained in place until the new tunnel was completed. City Clerk Report. City Clerk Brenda Ballou said tomorrow at 5:00 p.m.was the deadline for applying for a by mail ballot. Absentee In Person voting was available 8:00 a.m. —5:00 p.m. weekdays through next Monday. Election Day would be Tuesday, May 2, 2023 from 7:00 a.m. to 8:00 p.m. in council chambers. City Attorney Report—None Other Reports and Announcements Planning & Zoning Commission Report by Chair Clare Sullivan—April 2023. Presentations Small Business Development Center Presentation by Cliff Cochran. (Rescheduled from April 10, 2023) Alaska Trails Presentation on the Long Trail by Mariyam Moldova. PUBLIC HEARINGS —None UNFINISHED BUSINESS —None NEW BUSINESS Resolutions 71 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page Resolution 2023-0499 Authorizing The City Manager To Purchase A 2023 Chevrolet Silverado 2500 Double Cab From Chevrolet Of South Anchorage Using The State Procurement Process In A Not-To-Exceed Amount Of$60,073 And Appropriating Funds. Motion (Osenga/DeMoss) Approve Resolution 2023-049 Electric Utility Manager Rob Montgomery said this vehicle would be a fleet truck for any employee to use, not assigned to one specific employee. This vehicle would replace a vehicle that was damaged in an accident last winter. Finch said the city should be looking at fleet trucks that did not have bells and whistles. In response to Wells,Montgomery said the insurance check the city received for the damaged vehicle was for $37,000. Motion Passed Unanimous Other New Business Discuss Obihiro delegation exchange and determine next steps. By unanimous consent, council made the following decisions: • Council Member Wells would donate lodging for the visiting citizens from Obihiro; • The city clerk would make Obihiro aware that their proposed visit dates would not coincide with the 2023 Silver Salmon Derby; • Mayor McClure wished to go to Obihiro, but could not confirm until a later date; • Vice Mayor Osenga would go to Obihiro,along with Council Members Barnwell and Wells and Assistant City Manager Stephen Sowell; • The Chamber of Commerce Director would go to Obihiro; • An application process for citizens interested in traveling to Obihiro would be developed. Council established a planning committee for the visiting Japanese delegation consisting of: Council Member Barnwell, Chamber Director Kat Sorensen, and Deputy City Clerk Kris Peck. Schedule a joint work session with the Planning&Zoning Commission,the Port&Commerce Advisory Board, and the Historic Preservation Commission. Council schedule a joint work session with the boards and commissions on May 22,2023 starting at 5:00 p.m. for the Historic Preservation Commission, followed by the Port& Commerce Advisory Board at 5:30 p.m., and the Planning& Zoning Commission at 6:00 p.m. to discuss priorities. INFORMATIONAL ITEMS AND REPORTS Other Items Deputy City Clerk's memo regarding timely receipt of Annual Financial Disclosure Forms. 72 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page CITIZEN COMMENTS Kat Sorensen,inside the city,said the Chamber of Commerce would be happy to collaborate with the city to plan for the visit of the Obihiro delegation. She was pleased to hear the SBDC presentation tonight and to hear the accolades for SBDC advisor. Norm Regis, outside the city, said the harbor had been helping the parks and recreation department clearing the parking lots in preparation for having the lines painted.Congressman Young had started a youth fishing tournament which Congresswoman Peltola wished to continue; she was planning to keep the tradition alive of bringing youth to Seward to fish. Tim McDonald,inside the city,thought the diversion tunnel proj ect was a huge opportunity to establish hydro power inside the tunnel to generate electricity;the new tunnel should be created to provide ancillary benefits. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower said she had a meeting with the borough mayor and emergency operations manager about Lowell Point Road. Also, regarding the Lowell Canyon Diversion Tunnel, there had been a study conducted and there could be no hydro could be placed inside the tunnel due to boulders. Barnwell was pleased with the success of the SBDC in Seward.The Alaska Long Trail was a great opportunity for Seward.He was pleased that the Washington DC trip went well. There were a lot of opportunities for Seward. Finch thanked the linemen for their work. He wished HEA would continue their public education. He thanked the group for their work in Washington DC. Wells gave a huge shoutout to the SBDC advisor in Seward; she was doing a great job. Regarding Chugach versus HEA, Wells said both companies had provided proposals. The federal government set thresholds for electric sales,both the floor and the ceiling.He said Chugach was not interested in having a Seward representative on their board; conversely, HEA created a seat for a Seward representative. Calhoon thought the presentations were great. The SBDC was doing a great j ob, as was the Chamber of Commerce. The Alaska Long Trail was interesting; snow machine trails would potentially be used quite a bit. All the work in DC was great, and there were a lot of good things coming. Regarding the utility sale, citizens had been provided a lot of opportunities to attend sessions,ask questions,and do their research.He cautioned people about the veracity of information on social media related to the sale. DeMoss thought the SBDC position was really important and valuable to the community. Regarding the electric sale,there were many ways to obtain facts and information about the sale. She 73 City of Seward,Alaska City Council Meeting Minutes April 24, 2023 Volume 42, Page believed selling to HEA was the right decision. She thanked P&Z Chair Sullivan for the great P&Z Commission report. Osenga congratulated the Seward SBDC advisor for her success.He encouraged everyone to get information about the sale of the electric utility. The trip to Washington DC went well; the legislators seemed happy with what had been accomplished and with things being planned. All the conversations and discussions had been positive; the meetings had been great and he thought the future was bright for Seward. Calhoon congratulated Harbormaster Regis for being appointed acting city manager. The ballot for next week's election contained a proposition that would loosen the residency requirements for the city manager position. McClure thought the city manager residency was an important item to vote on. She appreciated people speaking up about the facts surrounding the electric sale; there was a lot of misinformation going around. She met with the US Navy representatives last week about the Northern Edge training exercises. The city wide clean up would be held on May 6, 2023; collect yellow bags at city hall. She thanked Regis for taking on the acting city manager position and congratulated Laura Erickson for joining the Historic Preservation Commission. Calhoon said May 2-5,2023 the naval destroyer Lake Champlain would be in Seward with 300 personnel. ADJOURNMENT The meeting was adjourned at 9:04 p.m. Brenda J. Ballou, MMC Sue McClure City Clerk Mayor (City Seal) 74 City of Seward,Alaska City Council Special Meeting Minutes April 27, 2023 Volume 42,Page CALL TO ORDER The April 27, 2023 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor McClure. OPENING CEREMONY Police Sergeant Patrick Messmer led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lynda Paquette, outside the city, hoped that council would include information in the recruitment brochure that outlined the type of person that Seward was looking for. She suggested including language that the ideal candidate would be honest, trustworthy, transparent, a good communicator, someone interested in building bridges rather than walls,have an open door policy, and accepting of all regardless of age,gender, etc.Paquette thought that understanding the dynamics of this community was important; people living outside the city considered themselves part of the city. She wanted the city administration to make sure that all people felt welcome, regardless of politics or sexual orientation; some people in town used religion as a way to divide the community. The language in the brochure needed to emphasize that Seward was open to a diverse and dynamic community; she didn't want this community to slip backwards in its thinking. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: 75 City of Seward,Alaska City Council Special Meeting Minutes April 27, 2023 Volume 42,Page There were no consent agenda items. NEW BUSINESS Other New Business Review and approve the position announcement,job description and salary range,proposed advertising plan,and draft recruitment materials for the city's effort to hire a new permanent city manager. Wells suggested including a list of the city's current projects and corresponding statuses for applicants to understand what was happening in Seward. McClure thought that was a great idea. DeMoss concurred and suggested also including the legislative priorities. Human Resources Manager Tammy Nickell said she would include that information in the recruitment brochure list. By unanimous consent,council chose to forego newspaper print advertising and focus on electronic advertising. Council requested HR research online advertising options, and set a$500 advertising expenditure limit. Rather than requiring a writing sample of an accomplishment,council requested applicants include a written statement about how the applicant anticipated incorporating themselves into the city and community; the essay was capped at 500 words or less. By unanimous consent,council requested that completed applications be sent to council upon receipt by the HR manager for review. Following the application period closure, council would schedule a special meeting to determine which candidates they wanted to interview. CITIZEN COMMENTS —None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS Bower appreciated council's collaboration and dialogue tonight. Finch enjoyed going through the interview process. Barnwell thought this was a fun collaborative process. There was a bright future for Seward. Calhoon looked forward to seeing applications and encouraged anyone who was interested to apply. Wells was grateful for the opportunity to go through this process,and he appreciated the city manager's contributions. DeMoss thanked administration, the city clerk, and the HR manager for putting these 76 City of Seward,Alaska City Council Special Meeting Minutes April 27, 2023 Volume 42,Page materials together. She thanked the city manager for her service. Osenga thanked the HR manager for putting together a good packet. McClure reported she had hosted a class of fourth graders in council chambers earlier this week, and had provided a demonstration of how to run a meeting. She thanked the HR manager for her work. ADJOURNMENT The meeting was adjourned at 6:48 p.m. Brenda J. Ballou, MMC Sue McClure City Clerk Mayor (City Seal) 77 • swir- Resolution 2023-051 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase a New Electric Control Panel in a Not-to-Exceed Amount of $158,450, Including Shipping Documents: • Agenda Statement • Resolution 2023-051 • Attachments: o Estimate from RMC Engineering Services o Electric Bond Expenditures 78 City Council Agenda Statement a Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager Electric Subject: Resolution 2023-051: Authorizing the City Manager to Purchase a New Electric Control Panel in a Not-to-Exceed Amount of $158,450, Including Shipping Background and justification: As part of its large project to rebuild and upgrade its transmission infrastructure and substations, Seward Electric must have a new control panel installed in its Fort Raymond Substation to upgrade the voltage capacity from 69kV to 115kV. The new control panel is made up of a number of critical elements, including: - Custom open style enclosure - Network clock - Automation controller (RTAC) - Ethernet switch - Sync scope - Test switches - Power supply - Modbus TCP to fiber media converters - Breaker control switches - Lockout relay switches - Circuit breakers, fuses, The installation of the new control panel, along with the overall infrastructure work planned for the next 3-4 years, will help ensure ongoing reliability of Seward's transmission system. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4"Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: 79 Certification of Funds Total amount of funds listed in this legislation: $ $158,450 This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ $158,450 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Part of the infrastructure rebuild ($10 million revenue bond) Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Revenue Bond 15351-000-8103 ✓ Funding Note: amounts are unaudited Fund Balance/Net position — restricted $ 3,995,271 Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: $ 3,764,736 Finance Director Signature: Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation ✓ Approve Res. Other: 80 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-051 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase a New Electric Control Panel in a Not-to-Exceed Amount of$158,450,Including Shipping WHEREAS,the City's Electric Department, through its substation engineering consultant Electric Power Systems, reached out to multiple vendors and RMC Engineering Services submitted the lone proposal; and WHEREAS, the new control panel is part of the larger substation refurbishment and upgrade construction project; and WHEREAS, the new control panel will allow voltage capacity at the substation to be upgraded from a maximum of 69kV to 115kV; and WHEREAS, the new control panel is made up of a number of critical elements, including but not limited to: an automation controller, test switches, breaker control switches, lockout relay switches, circuit breakers and fuses; and WHEREAS, the installation of the new control panel is part of the larger infrastructure project planned over the next three to four years to ensure ongoing reliability of Seward's electric system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Electric Power Constructors for $158,450 to upgrade the voltage capacity of the substation from 69kV to 115kV. Section 2. Funding is hereby appropriated for the project from the designated revenue bond, account 15351-000-8103. 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 81h day of May 2023. 81 RMC Engineering Services Quote Juneau, AK April 5, 2023 Client: Electric Power Systems,Inc Quote#: Q240404 Travis Oen Prepared By: Peter Peel peter@rmces.com (907)321-2074 Project: Fort Raymond Substation 115kV Upgrade Control Panel RMC is pleased to provide the following quote for the above project. Services - Control Panel Manufacturing: RMC will provide the all material and labor necessary to manufacture UL listed control panel. Equipment Control Panel(per EPS Provided Bill of Material) - Custom open style enclosure - Network clock - Automation controller(RTAC) - Ethernet switch - Sync scope - Test switches - Power supply - Modbus TCP to fiber media converters - Breaker control switches - Lockout relay switches - Circuit breakers,fuses,wire,and other associated equipment to needed to provide fully operational control panel. Exclusions - Any services or equipment not explicitly mentioned in this proposal. - Installation. - Programming. Fee Schedule Invoices will be submitted at appropriate project milestones. Projects that require a full or partial payment upon order entry or release will be conditional on the following terms:amounts billed are due no later than thirty(30) days following billing. Late payments will be charged interest at a rate of 18%per annum,compounded monthly. Shipping Equipment is FOB Juneau,AK Thank You foe2Your Business RMC Engineering Services Quote Juneau, AK April 5, 2023 Cost The cost for the above scope of work: $145,950 00 Additional cost for RMC to provide shipping from Juneau to Seward,AK: $12,500.00 Warranty RMC stands by its work,and provides a warranty for all work for up to one year after project completion. While very little warranty work is anticipated,RMC will provide prompt service for any such requests. Additionally,due to RMC's close proximity to these sites,RMC can quickly address any issues that may arise, resulting in minimal down time and reductions in operational status. Thank You foyour Business City of Seward Electric Infrastructure Expenditures-Funded by 2022 Bond and Reserves Approved Total Spent to Res# Date Resolution-approved Vendor Amount Spent FY 22 Spent FY 23 Date Remaining 22-023 2/14/2022 Accept$10mm Electric Rev-Bonds 10,000,000.00 10,000,000.00 22-024 2/14/2022 Phase 1 Contractor-Sturgeon Sturgeon 2,997,093 - - 2,997,093.00 22-026 2/28/2022 Phase 1&2 Materials,Not-to-Exceed Various 1,800,000 115,537.25 1,375,297.59 1,490,834.94 309,165.16 22-058 4/25/2022 Phase 2:Three(3)Substation Transformers-2 Ft Ray/1 Law Virgninia Transformers 2,664,716 1,222,358.00 334,197.84 1,556,555.84 1,108,160.16 (Recind 21-101 for 7 Transformers for$4.8mm) - 22-078 6/27/2022 Phase 1 One Break Switch(Nash&Swd Hwy) Anixter 66,257 - 56,306.00 56,306.00 9,951.00 22-082 7/11/2022 Phase 3.2:Ft Ray Engineering incl 20%,EPS Electric Power Systems 239,472 108,649.85 122,474.90 231,124.75 8,347.25 22-091 8/22/2022 Phase 1.1 SMIC/Spring Horiz Switch for Bi-power Southern States LLC 247,300 - 247,300.00 22-113 11/14/2022 Purchase 2 circuit switches Southern States LLC 264,100 - 264,100.00 23-015 2/13/2023 Purchase 6 Transformers ITEC 67,122 67,122.00 23-018 2/13/2023 Vertical Break Switches Royal Switchgear 167,455 167,455.00 23-025 2/27/2023 Gas Circuit Breaker Titan Energy 118,152 74,000.00 118,152.00 23-026 2/27/2023 Rental Fees Power Systems Inc 227,130 227,130.04 23-033 3/28/2023 Dielectric Reclosers G&W Electric 203,413 203,413.00 TOTAL 9,062,210 1,446,545 1,962,276 3,334,821 5,727,389 Residual amount: 937,790 6,665,179 84 • swir- Resolution 2023-052 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Contract with Electric Power Constructors, Inc. (EPC) in a not-to-exceed Amount of $3,595,106.62 to Replace Aging Equipment and Upgrade the Voltage Capacity to 115kV at the Fort Raymond Substation Documents: • Agenda Statement • Resolution 2023-052 • Attachments: o Invitation to Bid o Bid Packet 85 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager Electric Subject: Resolution 2023-052: Authorizing the City Manager to Enter into a Contract with Electric Power Constructors, Inc. (EPC) in a not-to-exceed Amount of $3,595,106.62 to Replace Aging Equipment and Upgrade the Voltage Capacity to 115kV at the Fort Raymond Substation Background and justification: The Electric Department and the engineering contractor, Dryden & LaRue, conducted a detailed "Invitation to Bid" (ITB) to identify potential contracts to refurbish the Fort Raymond Substation and upgrade the voltage capacity of the substation to 115kV. EPC provided the only bid for the project, but that bid did provide a comprehensive plan for completing the work on time and within budget. The Scope of Work for the project is to replace, rebuild, and upgrade Seward's Fort Raymond Substation to 115kV, replace the 15kV reclosers, and add two new feeders at the 15kV bus. The intent is to relocate the existing transformer NKR-2 and associated transrupter (south power transformer at Fort Raymond) to a temporary location east of the 15kV bus so it can provide power for the City of Seward during the substation upgrade to 115kV.The plans for the temporary work will be issued as a future addendum. Transformer NKR-1 and its associated transrupter will be removed from the site after NKR-2 is operational. Foundations for the two new transformers must be installed 1.5 months prior to the transformers being set by Virginia Transformer by July 19, 2023. 115kV Bus Replacement, Circuit Switchers, Group Operated Switches, Circuit Breaker, and Respective Foundations: 115kV Circuit Switchers are scheduled to arrive in September 2023. 15kV Recloser Replacement and Addition of Two New Feeders: Reclosers are scheduled to arrive in October 2023. The substation upgrades at Fort Raymond are necessary due to the aging transformers and related equipment within the substation. The critical work is part of the larger infrastructure project planned over the next three to four years to ensure ongoing reliability of Seward's electric system. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4"Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: 86 Certification of Funds Total amount of funds listed in this legislation: $ 3,595,106.62 This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 3,595,106.62 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Revenue Bond 15351-000-8103 ✓ Funding Note: amounts are unaudited Fund Balance/Net position — restricted $ 3,995,271 Finance Director Signature: Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation ✓ Approve Res. Other: 87 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-052 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Contract with Electric Power Constructors, Inc. (EPC) in a not-to-exceed Amount of $3,595,106.62 to Replace Aging Equipment and Upgrade the Voltage Capacity to 115kV at the Fort Raymond Substation WHEREAS, Seward's Electric Department and its engineering contractor, Dryden & LaRue, issued a detailed "Invitation to Bid" on March 22, 2023, to identify potential contractors to refurbish and upgrade the Fort Raymond Substation; and WHEREAS, EPC provided the sole bid for the project; and WHEREAS, EPC's bid outlined a comprehensive plan for completing the construction work on schedule and within budget; and WHEREAS, the scope of work for the project includes the pouring of concrete foundations, replacement of two large transformers, installation of new circuit switchers and a circuit breaker, and the installation of related equipment and hardware; and WHEREAS, these substation upgrades are necessary due to the aging transformers and related equipment within the substation; and WHEREAS, this critical substation construction work is part of a larger infrastructure project planned over the next three to four years to ensure ongoing reliability of Seward's electric system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Electric Power Constructors for $3,595,106.62 to refurbish the Fort Raymond Substation and upgrade the voltage capacity to 115kV. Section 2. Funding is hereby appropriated for the project from the designated revenue bond, account 15351-000-8103. 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 8th day of May 2023. 88 Invitation for Bids Fort Raymond Substation 115kV Upgrade Owner: City of Seward Protect Title: Fort Raymond Substation 115kV Upgrade Protect Location: Seward,Alaska Issue Date:March 22, 2023 Bid Deadline:April 19, 2023 89 Table of Contents REQUIREMENTS............................................................................................................................................3 Overview...................................................................................................................................................3 Questions and Pre-Bid Conference...........................................................................................................3 BidSubmission..........................................................................................................................................3 BidderQualifications.................................................................................................................................4 BidContents..............................................................................................................................................4 ProjectSchedule.......................................................................................................................................5 Evaluation Process and Criteria ................................................................................................................5 BidBond....................................................................................................................................................6 Scopeand Quality.....................................................................................................................................6 APPENDICES..................................................................................................................................................8 Appendix 1: Bid Submission Forms Bid Form Bid Schedule Bid Bond Non-Collusion Affidavit Fair Employment Practice Qualifications Appendix 2:Technical Construction Specifications Appendix 3: Contract Documents Performance& Payment Bonds General Provisions ITB 2 Fort Raymond Substation 115kV Upgrade 90 REQUIREMENTS Overview The City of Seward ("City') requests bids for a contract to replace, rebuild and upgrade Seward's aging electric transmission infrastructure and increase the transmission voltage to 115kV at the Fort Raymond Substation at 605 Sea Lion Avenue, Seward, Alaska. Bids are requested from qualified parties for the work described in this Invitation to Bid (ITB),the Technical Specifications. Bids shall include the information requested herein, including Lump Sum (Firm Fixed) pricing.The City reserves the right to reject any or all bids and waive any minor irregularities. If a bidder objects on any ground to any aspect of this ITB, the bidder shall, not more than ten calendar days after the ITB is issued, provide written notice to the City setting forth with specificity the grounds for the objection.The failure of a bidder to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. This ITB document provides instructions and bid requirements to potential bidders. Bidders should be fully qualified, knowledgeable and experienced in the type of work to be performed and shall understand and comply with all ITB requirements and applicable codes and laws. In preparing a bid, the bidder shall rely fully upon its own experience and shall be knowledgeable about all aspects of the work specified in this ITB. Questions and Pre-Bid Conference All questions regarding this ITB should be directed to Patrick Burnett, Seward Electric Power Operations Supervisor, at pburnett@cityofseward.net. On April 5, 2023, at 11:00 am, Seward Electric will conduct a pre-bid site visit call with prospective bidders to answer questions regarding the ITB and related documents. Participation in the site visit is encouraged but not required. Questions must be received by April 10, 2023, to be given consideration. Prospective bidders are requested to limit their contact with the City regarding the ITB to the person(s) named herein. Bid Submission Bidders are invited to submit sealed bids for furnishing all labor, equipment, and materials and for performing all work for the project described in this ITB. Bids must be received no later than 4:00 PM, local time, on April 19, 2023. Bids received after this time will not be considered. Pricing shall be provided on the Bid Form provided. Four hard copies and one electronic copy(flash drive or disc) shall be submitted in one package to: Brenda Ballou, City Clerk City of Seward 410 Adams Street PO Box 167 Seward, AK 99664 ITB 3 Fort Raymond Substation 115kV Upgrade 91 The four copies shall be placed with the electronic copy in one sealed envelope bearing the name and address of the bidder and clearly marked with the words "SEALED BID: Electric Transmission Rebuild". It is the full responsibility of the bidder to ensure timely delivery. All costs related to the preparation, completion, and submittal of bids, interviews, meetings, negotiations, and all other costs related to this ITB are the sole responsibility of the bidder. All bids are submitted at the ITB participant's own free will. Bidders will not be reimbursed for any cost associated with responding to this ITB. All persons who are furnished a copy of this ITB, but who decide not to submit a bid to the City of Seward for this project are kindly requested to inform the City, via email to pburnett@cityofseward.net, that the person will not be submitting a bid. Bidder Qualifications The Bidder shall meet the following minimum qualifications: 1. Licensed to operate as a general contractor in the State of Alaska (Business License& General Contractor's License) 2. Licensed to perform 115kV or higher voltage linework in the State of Alaska (Electrical Administrator License for Unlimited Linework) 3. Completion of minimum 2 similar projects within the past 10 years (substation work of similar scope, scale and voltage) 4. Minimum 3 customer references indicating bidder's ability to perform work in a professional, safe, and timely manner. Include each reference's name, company, title, phone, email, and a brief description of the reason this person was selected as a reference. 5. A project manager, superintendent or general foreman with at least 10 years of experience in transmission line construction Bidder qualifications will be evaluated on a pass/fail basis. Bids received that do not demonstrate that these criteria are met will be considered non-responsive and will not be evaluated. Bid Contents Bids shall be concise and shall include only information that directly relates to this invitation and helps enable the Owner to evaluate the bid.The following deliverables are required: 1. Letter of Transmittal:A letter of transmittal addressed to Janette Bower, City Manager, which includes a statement by the bidder accepting all terms and conditions and requirements contained in the ITB.The letter should also include a brief discussion of the bidder's background, experience, project understanding and ability to perform the contract requirements. 2. Proof of Bidder Qualifications. 3. Bid Schedule, including Lump Sum pricing. See Appendix 1. 4. Signed attached Bid Form and Bid Bond in the amount of 5%of the proposed all-inclusive Base Bid price. 5. Milestone schedule, including procurement, installation and all Owner review or hold points. Schedule shall demonstrate bidder's understanding of the scope of work and its ability to execute the contract safely and efficiently in the timeframe outlined in this ITB. Describe how execution of this project fits within the bidder's current/planned workload. (Maximum 1 page). ITB 4 Fort Raymond Substation 115kV Upgrade 92 6. Staff Plan.The bidder should state the size of the firm, the location of the office(s)from which the work on this project is to be performed and the number and nature of the staff to be employed on this engagement. Please identify key personnel you will designate as project leads and who you would expect to interact with Seward Electric 7. List of major suppliers and subcontractors. 8. Fair Employment Practice Qualifications for Bidders (See Appendix 1) 9. Non-Collusion Affidavit(See Appendix 1) Project Schedule The following dates have been established for the issuance, receipt and the evaluation of the bids as well as Contract award and completion of the project: Description Completion Date ITB Issued March 22, 2023 Bids Due April 19, 2023 Notice of Intent to Award April 21, 2023 Contract Award by City Council April 28, 2023 Notice to Proceed May 1, 2023 Relocate NKR-2 Transformer/Transrupter, Substation Connections, and May 17, 2023 Removal of NKR-1 Transformer. New Transformer Foundations and Buswork Modifications for New June 7, 2023 Transformers Project Substantial Completion November 22, 2023 Evaluation Process and Criteria The City's intent is to award the Contract, which shall be substantially in the form of the Contract attached as Appendix 3,to the lowest responsive, responsible bidder. A selection committee will be appointed by the City.The selection committee will review the Bids, determine whether each Bidder shall be considered responsive and issue a notice of intent to award or reject all bids. Evaluation Criteria Weight Firm Fixed Price 100% Content Item #1: Project cost(firm fixed Bid) Pass/Fail Items Content Item #2: Bid Form & Bid Bond included Content Item #3: Milestone Schedule Required, but not scored Content Item #4: Bidder Qualification Documentation Content Item #5: List of major suppliers& subcontractors ITB 5 Fort Raymond Substation 115kV Upgrade 93 Bid Bond Bids shall be accompanied by a bid bond from a surety company selected by the bidder, which is legally authorized to do business in the State of Alaska in the amount of five percent of the amount of the bid. In lieu of a bid bond, a bidder may furnish a certified check or cash escrow in the face amount required for the bond. Such bid bond shall be submitted with the understanding that(1) it shall guarantee that the bidder will not withdraw his bid for 60 days following the opening of bids; (2) if its bid is accepted, it will enter into the Contract with the City, and (3) a Payment and Performance Bond will be provided to the Owner in conjunction with the contract. Bid bonds will be returned to all bidders after the City and the selected bidder have executed the contract and the Payment and Performance Bond has been delivered to the City. Scope and Quality The Scope of Work (hereinafter referred to as "Scope" or"Work") is to replace, rebuild, and upgrade Seward's Fort Raymond Substation to 115kV, replace the 15kV reclosers, and add two new feeders at the 15kV bus. • The intent is to relocate the existing transformer NKR-2 and associated transrupter(south power transformer at Fort Raymond)to a temporary location east of the 15kV bus so it can provide power for the City of Seward during the substation upgrade to 115kV. The plans for the temporary work will be issued as a future addendum. Transformer NKR-1 and its associated transrupter will be removed from the site after NKR-2 is operational. • Foundations for the two new transformer must be installed 1.5 months prior to the transformers being set by Virginia Transformer by July 19, 2023. • 115kV Bus Replacement, Circuit Switchers, Group Operated Switches, Circuit Breaker, and Respective Foundations: 115kV Circuit Switchers are scheduled to arrive in September 2023. • 15kV Recloser Replacement and Addition of Two New Feeders: Reclosers are scheduled to arrive in October 2023. The Scope is further defined in the Technical Construction Specification, see Appendix 2. It is the bidder's responsibility to review all pertinent project requirements and criteria and include all materials, labor, equipment, oversight and all other cost items needed to safely and efficiently execute the work.The contract is for a complete project.The bidder shall determine the full scope of the project through thorough examination of this Scope, industry knowledge and experience, all applicable laws and regulations, and any reasonable inferences to be gathered therefrom. It is the bidder's responsibility to request any additional information required from the City through the question and response process outlined in this ITB. All workmanship shall be of the best quality, performed by skilled and competent workers. Contractor personnel employed in the scope of work must be adequately trained and thoroughly familiar with the safety precautions for controlling the hazards associated with the scope of work. Owner will provide a sufficient outdoor laydown area in reasonable proximity to the worksites for large materials and equipment as well as warehouse space for items needing to remain secure.The laydown area and warehouse space will be available beginning May 1, 2023 and run no less than 30 days after ITB 6 Fort Raymond Substation 115kV Upgrade 94 the date of Substantial Completion. Stated above. Owner is also assessing potential shorter-term laydown areas along the project route so that materials are readily available near the actual work sites. ITB 7 Fort Raymond Substation 115kV Upgrade 95 APPENDICES Appendix 1: Bid Submission Forms Appendix 2:Technical Construction Specifications. Appendix 3: Contract Documents END OF ITB ITB 8 Fort Raymond Substation 115kV Upgrade 96 • swir- Resolution 2023-053 Approving the Memorandum of Agreement to Serve as a Pass-Through Agency for Seward Prevention Coalition for the State of Alaska, Healthy & Equitable Communities Grant and Submission of the Grant Application by Seward Prevention Coalition Documents: • Agenda Statement • Resolution 2023-053 • Attachments o Healthy & Equitable Communities Team Letter o Healthy & Equitable Communities Round 2 Funding Letter o MCA 0 97 City Council Agenda Statement Meeting Date: May 8, 2023 To: City Council From: Janette Bower, City Manager Subject: Resolution 2023-053:Approving the Memorandum of Agreement to Serve as a Pass-Through Agency for Seward Prevention Coalition for the State of Alaska, Healthy& Equitable Communities Grant and Submission of the Grant Application by Seward Prevention Coalition Background and justification: The City of Seward was notified by the Seward Prevention Coalition of a funding opportunity from the State of Alaska, Healthy & Equitable Communities. The application and MOA need to be filed by May 1, 2023. The Seward Coalition will work with coalition members agencies and other organizations to enhance access and remove barriers to services. SPC and member organizations will collaborate on the development and implementation of a Youth Mental Health campaign to educate the community on Youth Mental Health issues and destigmatizing accessing services. This campaign will be in partnership with the Center of Health and Safety culture,who have expertise in the science of stigma and positive community campaign development. Funding will be used to design and produce educational materials that will be disseminated into the community, as well as support a portion of the contract costs with CHSC. Youth 360, which is a program under SPC, is going to increase knowledge of substance use patterns among youth in the community and educate parents and families on protective factors that can decrease the risk. Funding will be used to design and produce educational materials that will be disseminated into the community. Youth Mental Health issues have grown significantly since the Covid-19 pandemic. 44% of Seward youth report having poor mental health, that number jumps even higher when you look at just the female students, where 74% report poor mental health. Mental Health First Aid Training is an evidence-based program that trains adults, adults who work with youth, and teens how to identify mental health issues, respond when someone is in crisis, and how to connect to resources. SPC will train 6 adults in our community to become trainers in Mental Health First Aid. There will be 2 people trained for each program: Adult, Adults who work with Youth, and Teen because the program requires that 2 trainers be present for each training. Funding will be used to pay for the fees for the trainings, and travel costs if the trainee prefers an in-person class over virtual. Once trained the trainers will provide Mental Health First Aid Trainings to the community for free. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 1.3.4 Public Facilities and Services. Continue to improve the quality of ,public facilities and services made available to the residents of Seward. 2.2.6 Health Care We value effective, accessible, and affordable healthcare. Strategic Plan: Page 19 Maintain and enhance medical and social services. Other: 98 Certification of Funds Total amount of funds listed in this legislation: $ 49,162 This legislation (✓): ✓ Creates revenue in the amount of: $ 49,162 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Water ✓ Healthcare F1 Motor Pool Other Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ 12,991,424 Finance Director Signature: Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation ✓ Approve Res. Other: 99 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-053 A Resolution of the City Council of the City of Seward,Alaska,Approving the Memorandum of Agreement to Serve as a Pass-Through Agency for Seward Prevention Coalition for the State of Alaska, Healthy & Equitable Communities Grant and Submission of the Grant Application by Seward Prevention Coalition WHEREAS, the City of Seward and the Seward Prevention Coalition were notified that Healthy & Equitable Communities Funding had appropriated $49,162 to Seward; and WHEREAS, the goal of the funding is to create and support local coalitions to develop and implement sustainable plans to improve the overall health of the community; and WHEREAS, preventing and addressing COVID-19 among underserved Alaskans at higher risk for COVID-19 related illness and death; and WHEREAS, the pandemic has highlighted that many groups are prevented from having fair opportunities for economic,physical, and emotional health; and WHEREAS,to receive these funds the Seward Prevention Coalition sponsored by the City of Seward had to file an application and submit it by May 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the MOA and grant application for funds in the amount of$49,162.00 for the State of Alaska, Healthy & Equitable Communities. Section 2. This resolution shall take effect immediately upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor 100 of r Department of Health THE STATE DIVISION OF PUBLIC HEALTH ALASKA Of Director's Office _- P.O. Box 110610 ` GOVERNOR MIKE DUNLEAVY Juneau,Alaska 99811-0610 Main:907.465.3090 O ALAS�� Fax:907.465.4632 Healthy & Equitable Communities Team Cities & Boroughs MOAs 2111 Round Funding Announcement The Alaska Department of Health (DOH) announces$9 million in funding to local governments through memorandums of agreement (MOAs) in support of creating healthy and equitable communities around the state. The funding will be available through May 31, 2024 to support activities of greatest need identified by the local community. The goal of the funding is to create and support local coalitions to develop and implement sustainable plans to improve the overall health of the community by preventing and addressing COVID-19 among underserved Alaskans at higher risk for COVID-19 related illness and death, including rural populations.The pandemic has highlighted that many groups are prevented from having fair opportunities for economic, physical, and emotional health. For example: - Communities with barriers to internet access may have difficulty accessing telehealth services or scheduling vaccination appointments; - Housing conditions or access to wrap-around support can be barriers to isolation or quarantine to prevent the spread of COVID-19; - Limited transportation options make it difficult to easily access COVID-19 testing, vaccination, or other health care services; - For those that do not speak English as their first language, medical services or accurate information that can assist in making healthy decisions may be difficult to access. This MOA can be used for both immediate COVID-19 needs and to develop a community plan and build a local coalition to provide input for additional community projects. DHSS will provide funding through multiple avenues to support the implementation of this plan. Alaska communities contain much of the insight necessary to assure optimal health for their residents.These funds will add capacity for communities to prevent illness and death from the current and future pandemics among their underserved residents and will be accompanied by assistance to develop and implement their plans. Communities can, for example, support information sources that don't rely on internet access, provide support for people in isolation and quarantine, support transportation to access testing and vaccination services, and provide services using language people understand. Applications for funding will be available on the Alaska Public Notice website. (AML will send notice when the applications are posted, and relevant due dates.) 101 Quarterly reporting will be required of all projects to include an invoice and a brief narrative of progress. Any projects that will be collecting data may have additional reporting requirements. Initial information about the project will be needed, including: - Who is collecting data? - Why is data being collected? - What communities/populations are being researched? - What type of data is being collected? - Estimated timeframe of data collection - How will this data be used? Funds must go towards creating community plans, supporting and facilitating local coalitions, or activities that fall into one of the categories listed: • Improve COVID-19 health outcomes among higher risk underserved populations by expanding existing or developing new mitigation and prevention resources and services; Examples: support hospital or clinic vaccination and testing efforts; provide COVID-19 mitigation supplies to underserved groups; provide translation for COVID-19 messages • Increase/improve data collection and reporting for populations disproportionately affected by COVID-19 to guide current and future pandemic response; Examples: support hospitals and clinics with data collection support; purchase new lab equipment to facilitate data collection and reporting • Build, leverage or expand infrastructure support for COVID-19 or future pandemic prevention and control among populations that are at higher risk or underserved; Examples: improve communication system for EMS and 911 calls (new antenna and cable); improve internet and communication capabilities at community center to support telehealth and make it more accessible; • Mobilize partners to improve spaces in their community where people live, learn, work, and play, allowing individuals and families greater opportunities for better health outcomes; Examples: improved recreational opportunities; support local subsistence practices by providing gas vouchers to residents; support community education and action regarding substance misuse and suicide prevention; facilitate health improvements for homeless shelters; provide opportunities for isolation and facilitate medical treatment for homeless people infected with COVID-19; • Improve access to COVID-19 and other vaccines, for individuals who are higher risk or underserved. Examples: Equip an outreach van to improve access to vaccines and testing; fund a mobile care clinic; provide outreach to home-bound individuals The funding allocations for this opportunity considers both population size and local or regional factors that affect health outcomes, such as housing, household composition and disability status, transportation, and several other factors. Communities who do not apply for funding by April 25 will forfeit their allocation and that funding will be reallocated at the State's discretion. Communities wishing to propose projects larger than their allocated amounts can apply for this forfeited funding by contacting Judy Holland at Judy.Holland@alaska.gov or HECommunities@alaska.gov. The application is currently posted on the Alaska Public Notice site at http://notice.alaska.gov/210469. Due date for applications is April 25, 2023 at 5:00pm. Award amounts are attached to this announcement. For more information, please contact Judy Holland at Judy.Holland@alaska.gov or HECommunities@alaska.gov. 102 $9 Equitably Borough & Adjusted Census Area Area Name Allocations Totals Akutan city $ 39,035 Cold Bay city $ 10,000 False Pass city $ 15,000 King Cove city $ 25,000 Sand Point city $ 20,000 Aleutians East Borough $ 109,035 Adak city $ 10,000 Atka city $ 10,000 St. George city $ 10,000 St. Paul city $ 15,000 Unalaska city $ 78,735 Aleutians West Census Area $ 123,735 Anchorage municipality $ 2,049,480 Anchorage Municipality $ 2,049,480 Akiak city $ 15,000 Aniak city $ 20,000 Bethel city $ 190,854 Chefornak city $ 20,000 Chuathbaluk city $ 10,000 Eek city $ 15,000 Goodnews Bay city $ 15,000 KwethIuk city $ 25,000 Lower Kalskag city $ 15,000 Mekoryuk city $ 10,000 Napakiak city $ 15,000 Napaskiak city $ 20,000 Nightmute city $ 15,000 Nunapitchuk city $ 20,000 Platinum city $ 10,000 Quinhagak city $ 25,000 Toksook Bay city $ 20,000 Upper Kalskag city $ 10,000 Bethel Census Area $ 470,854 Bristol Bay Borough $ 25,000 103 Cordova city $ 26,339 Valdez city $ 40,231 Whittier city $ 15,000 Chugach Census Area $ 81,570 Copper River Census Area $ 65,807 Anderson city $ 10,000 Denali Borough $ 22,883 Aleknagik city $ 10,000 Clark's Point city $ 10,000 Dillingham city $ 69,250 Ekwok city $ 10,000 Manokotak city $ 15,026 New Stuyahok city $ 20,000 Togiak city $ 25,157 Dillingham Census Area $ 159,432 Fairbanks city $ 334,055 North Pole city $ 23,044 Fairbanks North Star Borough $ 982,747 Haines Borough $ 41,297 Angoon city $ 15,000 Gustavus city $ 20,000 Hoonah city $ 25,000 Pelican city $ 10,000 Tenakee Springs city $ 10,000 Hoonah-Angoon Census Area $ 80,000 Juneau City and Borough $ 347,340 Homer city $ 99,916 Kachemak city $ 20,000 Kenai city $ 134,331 Seldovia city $ 10,000 Seward city $ 49,162 Soldotna city $ 78,565 Kenai Peninsula Borough $ 1,063,921 104 Ketchikan city $ 150,519 Saxman city $ 15,000 Ketchikan Gateway Borough $ 256,278 Akhiok city $ 10,000 Kodiak city $ 111,184 Larsen Bay city $ 10,000 Old Harbor city $ 10,000 Ouzinkie city $ 10,000 Port Lions city $ 10,000 Kodiak Island Borough $ 260,996 Alakanuk city $ 25,000 Chevak city $ 30,723 Emmonak city $ 26,652 Hooper Bay city $ 44,420 Kotlik city $ 21,160 Marshall city $ 15,894 Mountain Village city $ 20,062 Nunam Iqua city $ 10,000 Pilot Station city $ 20,000 Russian Mission city $ 15,000 Scammon Bay city $ 20,000 St. Mary's city $ 20,000 Kusilvak Census Area $ 268,912 Chignik city $ 10,000 Egegik city $ 10,000 Newhalen city $ 10,000 Nondalton city $ 10,000 Pilot Point city $ 10,000 Port Heiden city $ 10,000 Lake and Peninsula Borough $ 60,000 Houston city $ 29,879 Palmer city $ 89,078 Wasilla city $ 136,976 Matanuska-Susitna Borough $ 1,620,008 105 Brevig Mission city $ 15,000 Diomede city $ 10,000 Elim city $ 15,000 Gambell city $ 20,000 Golovin city $ 10,000 Koyuk city $ 15,000 Nome city $ 103,317 Savoonga city $ 15,000 Shaktoolik city $ 25,000 Shishmaref city $ 10,000 St. Michael city $ 20,000 Stebbins city $ 20,000 Teller city $ 10,000 Unalakleet city $ 25,000 Wales city $ 10,000 White Mountain city $ 10,000 Nome Census Area $ 333,317 Anaktuvuk Pass city $ 15,000 Atqasuk city $ 15,000 Kaktovik city $ 15,000 Nuiqsut city $ 20,000 Point Hope city $ 25,000 Utqiagvik city $ 147,564 Wainwright city $ 20,000 North Slope Borough $ 330,379 Ambler city $ 15,000 Buckland city $ 20,000 Deering city $ 10,000 Kiana city $ 15,000 Kivalina city $ 15,000 Kobuk city $ 10,000 Kotzebue city $ 94,471 Noorvik city $ 21,136 Selawik city $ 25,000 Shungnak city $ 15,000 Northwest Arctic Borough $ 240,607 Kupreanof city $ 10,000 Petersburg Borough $ 66,322 106 Coffman Cove city $ 10,000 Craig city $ 29,808 Edna Bay city $ 10,000 Hydaburg city $ 15,000 Kake city $ 20,000 Kasaan city $ 10,000 Klawock city $ 20,716 Port Alexander city $ 10,000 Thorne Bay city $ 15,000 Whale Pass city $ 10,000 Prince of Wales-Ryder Census Area $ 150,524 Sitka city and borough $ 133,774 Sitka City and Borough $ 133,774 Skagway Municipality $ 16,274 Delta Junction city $ 25,000 Eagle city $ 10,000 Southeast Fairbanks Census Area $ 35,000 Wrangell City and Borough $ 51,536 Yakutat City and Borough $ 20,000 Allakaket city $ 10,000 Anvik city $ 10,000 Bettles city $ 10,000 Fort Yukon city $ 15,000 Galena city $ 15,010 Grayling city $ 10,000 Holy Cross city $ 10,000 Hughes city $ 10,000 Huslia city $ 15,000 Kaltag city $ 10,000 Koyukuk city $ 10,000 McGrath city $ 15,000 Nenana city $ 15,000 Nikolai city $ 10,000 Nulato city $ 10,000 Ruby city $ 10,000 Shageluk city $ 10,000 Tanana city $ 10,000 107 Yukon-Koyukuk Census Area $ 205,010 108 OF r THE STATE Department of Health a DIVISION OF PUBLIC HEALTH o 1ALASKA Director's Office P.O. Box 110610 ` GOVERNOR MIKE DUNLEAVY Juneau,Alaska 99811-0610 Main:907.465.3090 O ALAS Fax:907.465.4632 Healthy & Equitable Communities Round 2 Funding for Cities and Boroughs —Application and Memorandum of Agreement Information PURPOSE: The State of Alaska, Department of Health, Division of Public Health will provide funding to Alaskan local governments in support of creating and sustaining healthy and equitable communities around the state. Funding will be available through May 31, 2024 to support the following activities and strategies to promote and build healthy and equitable communities around the state. All funded activities must have an emphasis on high risk, underserved population groups. • Ensure a fair and adequate baseline of care is established for populations at higher risk that are underserved and who are disproportionately impacted by COVID-19 by expanding existing or developing new mitigation and prevention resources and services; • Increase/improve data collection and reporting for populations disproportionately affected by COVID-19 to guide current and future pandemic response; • Build, leverage or expand infrastructure support for COVID-19 or future pandemic prevention and control among populations that are at higher risk or underserved; • Mobilize partners to build and promote healthy and equitable communities, improving everyone's opportunities for living a healthy life, particularly those who are disproportionately impacted by COVID-19; • Improve access to COVID-19 vaccine, as well as other necessary vaccines, for individuals who are higher risk or underserved. SCOPE OF FUNDING: Strategies that are implemented should aim to build infrastructures that both improve health outcomes for higher risk underserved Alaskans in the current COVID-19 pandemic and set the foundation for future responses. This application mentions several eligible activities, but communities are not limited in scope to these examples. There are several resources available for communities to assist them in determining what types of activities may be proposed.The Alaska Health Equity Index utilizes data from the US Census Bureau and the US Centers for Disease Control and Prevention's Social Vulnerability Index and is an excellent reference to assist communities in identifying target populations* and areas of need. The Healthy Alaskans team has identified priority health topics for the Healthy Alaskans 2030 plan including strategies and actionable objectives within each strategy. Both resources highlight the needs of Alaskans, and communities are encouraged to develop plans that incorporate factors from either of these resources. *Target populations can include but are not limited to: • Low income or homeless individuals • Individuals/families/communities with limited access to tech nology/internet • Individuals/families/communities who face food insecurity 109 • Communities with limited to no transportation access • Individuals without access to health care • Populations that do not speak English as their first language • Rural communities/areas where physical services are not accessible • Refugee/immigrant communities that face economic, cultural, or linguistic barriers to accessing health care services • Individuals with disabilities • Older adults • Children • Individuals with mental health or substance-related disorders Funding is calculated using two factors: population size, and the Alaska Health Equity Index. ELIGIBILITY: Local governments are eligible to apply and may propose plans to engage one or more communities and geographic areas. The definition of communities may also include a group of people who have particular characteristic in common (e.g. share similar cultural beliefs or interests). Please work with your local tribes, borough, or municipality to ensure efforts are coordinated. DHSS allows recipients to act as pass-through entities to provide funding to other recipients, including community-based organizations serving populations who may experience health inequities. Technical assistance will be provided throughout the funding period to assist with reporting, advancing approved projects, pre- approval of activities and invoice processing. If you live in an unincorporated census area or census designated place, are aware of an entity or organization that is interested in implementing this work and unsure about how to access this funding opportunity, please contact Judy.Holland@alaska.gov or HECommunities@alaska.gov to discuss potential alternative opportunities. Designated entities must have the capacity to manage funds and implement projects within the scope of the funding.4f c-a-MM-Unities chose to pursue this route for funding, _21tern-ative entities Must be- id-entified- byApril , 2 The state intends to make available an alternate method of procurement for these entities, and the timeline for funding will be dependent upon the number of non-governmental entities identified across the state for this option. We will make every attempt to accommodate alternative requests. For entities that chose to pursue this option, please be aware that the funding can take significantly longer to award through alternate procurement methods. REVISION: If communities chose to pursue this route for funding, alternative entities must be identified by 5:00 on April 20, 2023. REPORTING: Reporting requirements will be due at the same time as invoices. Payment will not be issued unless necessary reporting is attached. Reporting requirements will be determined during the MOA preparation and will be dependent upon the type of activities selected. Entities are encouraged to collaborate with hospitals, schools and community organizations to improve the outcomes for their population. Any projects that will be collecting data may have additional reporting requirements. Initial information about the project will be needed, including: - Who is collecting data? - Why is data being collected? - What communities/populations are being researched? - What type of data is being collected? - Estimated timeframe of data collection - How will this data be used? 110 PERIOD OF AGREEMENT, IMPORTANT DATES AND DEADLINES: May, 2023—May 31,2024 Period of Agreement Wed. March 28, 10:OOam Member call via zoom hosted by Alaska Municipal League Tuesday, May 2, by 5:00 Applications due to HECommunities@alaska.gov May, 2023 Award funding to Communities via signed MOA May 31, 2024 Final receipts due to DPH, payments issued to Communities Submit questions to:Judy.Holland@alaska.gov or HECommunities@alaska.gov TERMS OF PAYMENT: Funds will be reimbursed through invoicing upon approval of MOA. Communities who do not apply for funding by May 3 will forfeit their allocation and that funding will be reallocated at the State's discretion. Communities wishing to propose projects larger than their allocated amounts can apply for this forfeited funding by contacting Judy Holland at Judy.Holland@alaska.gov or HECommunities@alaska.gov. PRIOR APPROVAL REQUIRED*: • Facility modifications • Vehicles • Furniture • Equipment over$25,000 *If you wish to utilize funds for any of the above items, please provide a detailed description of how these items will fit into the overall goal of the project they will support and how they will be used. FUNDS CANNOT BE USED FOR: • Programs or services already funded by another HSS grant, contract or MOA • Research • Clinical care • Land or buildings • Publicity or propaganda If these funds are used to administer COVID-19 testing or vaccine services recipients must: • Establish/maintain a means to ensure that all positive COVID testing results performed by this entity/sub- recipient/pass though entity is reported to the State of Alaska Department of Health within 24 hours of administration. • Establish/maintain a means to ensure that the COVID-19 vaccine administration performed by this entity/sub-recipient/pass though entity is reported to the State of Alaska Department of Health. All vaccinations must be reported within 24 hours of administration. Please complete the following application to apply for this funding. Details from your application will be used to develop the MOA. Submit completed application and W9 to: HECommunities@alaska.gov and cc Judy.Holland@alaska.gov. ill Healthy and Equitable Communities Memorandum of Agreement Application Primary Contact Information: (Please make sure to include name, phone number, email and physical address for all contacts listed.) Program Contact:Naneth Ambrosiani Phone number: (907) 224-4063 Email: nambrosiani@cityofseward.net Physical Address: 410 Adams Street, Seward, Ak 99664 Finance Contact:Sully Juslno Phone number:(907) 224-4064 Email: sjusion@cityofseward.net Physical Address: 410 Adams Street, Seward, Ak 99664 Other Contact that needs to sign/be listed on the Memorandum of Agreement (MOA): Contact: Phone number: Email: Physical Address: Please list communities and partners intended to be part of this funding, either through subawards or support. Community/Partner Name(s): Seward Prevention Coalition SCOPE and AMOUNTS: Please check activities from the menu below. In the final box, indicate the dollar amount anticipated. All activities selected must have an emphasis on high risk, underserved population groups. 112 Menu of Activities 1. Ensure a fair and adequate baseline of care is established for populations who are disproportionately impacted by COVID-19 by expanding existing or developing new mitigation and prevention resources and services targeted at higher risk, underserved Alaskans: • Expand reach of case investigation and contact tracing • Enhance availability of supportive services that enable individuals to successfully isolate or quarantine • Collaborate with community groups who can connect people at higher risk for COVID 19 with community services • Improve access to vaccination information and services • Reduce the rate of preventable hospitalizations by improving access to primary and preventative care • Improve/increase access to health insurance • Provide new or improved access to mental health services or provide education for/destigmatize existing services • Provide/improve access to substance use disorder treatment/tobacco cessation resources or provide education for/destigmatize existing services • Adopt strategies in the built environment that can mitigate the impact of COVID-19, for example establishing new pedestrian zones to minimize crowding and encourage physical activity • Assess and adapt health policies, for example food service guidelines, to ensure they reach higher risk underserved Alaskans • Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. The Seward Prevention Coalition (SPC) will work with coalition member agencies and organizations to enhance access and remove barriers to services. SPC and member organizations will collaborate on the development and implementation of a Youth Mental Health campaign to educate the community on Youth Mental Health issues and destigmatizing accessing services. This campaign will be in partnership with the Center for Health and Safety Culture, who have expertise in the science of stigma and positive community campaign development. Funding will be used to design and produce educational materials that will be disseminated into the community, as well as support a portion of the contract costs with CHSC. Youth 360, which is a program under SPC, is going to increase knowledge of substance use patterns among youth in the community, and educate parents and families on protective factors that can decrease the risk. Funding will be used to design and produce educational materials that will be disseminated into the community. Youth Mental Health issues have grown significantly since the Covid-19 pandemic. 44%of Seward youth report having poor mental health,that numberjumps even higher when you look at just the female students, where 74% report poor mental health. Mental Health First Aid Training is an evidence-based program that trains adults, adults who work with youth, and teens how to identify mental health issues, respond when someone is in crisis, and how to connect to resources. SPC will rain 6 adults in our community to become trainers in Mental Health First Aid. There will be 2 people trained for each program: Adult, Adults who work with Youth, and Teen because the program requires that 2 trainers be present for each raining. Funding will be used to pay for the fees for the trainings, and travel costs if the trainee prefers an in-person class over virtual. Once trained the trainers will provide Mental Health First Aid Trainings to the community for free. Total $30,000 113 Depending on activities selected, reporting requirements may include some or all of the following measures: 1.1 Number of COVID-19 mitigation and prevention resources and services delivered in support of populations that are underserved and disproportionately affected. 1.2 Number of COVID-19 tests completed by test type, results, and race and ethnicity 1.3 Caseload, number of cases per case investigator, and number of contacts per contact tracer during the data collection period 2. Increase/improve data collection and reporting for populations disproportionately affected by COVID-19 to guide current and future pandemic response: • Educate health care providers and community partners on the importance for collection of race, ethnicity, and other priority data elements • Enhance the ability of electronic health records (EHR) systems to collect data on age, race, sex, and other differences among patients in health care systems • Upgrade interoperability of health systems to comply with HL7 standards to report data elements including age, race, sex, and other priority data elements • Provide training for staff on new/upgraded EHR systems • Support staff who can enhance reporting of COVID-19 data to include race, ethnicity, sex, and other priority data elements • Develop and disseminate data and other information materials to be culturally and linguistically appropriate for local audiences • Other activities (Please describe in the box below) 114 If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Total: Depending on activities selected, reporting requirements may include the following measure: 2.1: Number of improvements to data collection, quality, and reporting capacity for recipients, partners and agencies related to disproportionate health impacts of COVID-19. 115 3. Build, leverage or expand infrastructure support for COVID-19 or future pandemic prevention and control with a focus on populations that are at higher risk and underserved: • Establish or enhance local staffing or coalitions to that focus on improving COVID-19 or other health outcomes for these populations • Develop or update local plans to improve health outcomes for higher risk underserved Alaskans • Expand local capacity to offer targeted testing and contact tracing • Improve local Continuity of Operations Plans (COOP) and exercises to prioritize higher risk underserved Alaskans • Improve plans for use of community facilities to include better spaces for social distancing, isolation and quarantine • Update plans for community shelter locations to ensure they are ADA compliant or can facilitate hosting health care pods including testing and vaccinations • Increase/improve access to facilities/community spaces that promote health and physical activity and serve high-risk populations • Provide training to local/regional public health or health workforce to better serve the needs of higher risk underserved Alaskans • Hire health or public health workforce who are equipped to assess and address the needs of higher risk underserved Alaskans, for example trusted community members or community health workers • Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Youth 360 will reduce barriers and increase access to community spaces and activities that promote health and wellness to he children of our community. Youth 360 will provide equitable opportunities for youth to participate in activities, clubs, or sports and increase the number of activities available that promote health and wellness. The program will also identify barriers to access and work with community groups to find tangible solutions and increase access. An example of this, is working with local partners to increase public transportation options within the city. Funding will be used to provide scholarships to youth for participation in activities, funding free community classes or events, and help sponsor partner programming. Bloom, which is a program of SPC, works with families of children ages 0-5.This program will work to reduce barriers and increase access to facilities/community spaces that promote health and physical activity for the youngest children in our community. Through providing opportunities that promote family connectedness and reduce isolation in young families, Bloom will host weekly Coffee & Walks, and hikes for families. They also host Play N Chat twice a week, year round, that provides families with free indoor play space for children and caregivers to socialize. Bloom will also partner with PARKS to host events at the bike park to teach children ages 1-5 how to ride balance bikes. Funding will be used to provide supplies or community activities hosted by Bloom, advertising of events, and the purchase of community balance bikes. SPC will also use these funds to build the capacity of the coalition and develop a community strategic plan for improving health outcomes in our community. Funding will be used to support staffing and strategic plan development. Total: $19,162.00 Depending on activities selected, reporting requirements may include the following measure: 116 3.1: Number of improvements to infrastructure to address disproportionate health impacts of COVID-19. 4. Mobilize partners to build and enhance community social supports targeted towards those who are disproportionately impacted by COVID-19: • Tailor local testing, contact tracing, and quarantine practices and programs to be culturally or linguistically appropriate for targeted populations • Develop and support local or regional advisory groups that have representation from higher risk underserved populations to inform emergency response activities • Build partnerships with local health and non health agencies (for example housing, transportation providers, food security, churches, community health workers, social workers)to implement strategies that decrease risk for COVID-19 • Develop and distribute COVID-19 prevention communication materials and messaging that are understood and resonate with local higher risk and underserved groups • Identify and establish relationships with agencies who serve higher risk underserved groups to share information and improve access to services that prevent COVID-19 • Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. The Seward Prevention Coalition will continue to build relationships with groups, organizations and agencies across the community that will implement strategies to decrease risk for covid-19. Total: 117 Depending on activities selected, reporting requirements may include the following measure: 4.1: Number and proportion of new, expanded, or existing partnerships mobilized to address disproportionate health impacts of COVID-19. S. Improve access to COVID-19 vaccine, as well as other necessary vaccines,for individuals who are higher risk or underserved: • Increase local health care capacity for providing vaccinations • Hire additional staff to support administration of vaccines and to promote easily accessible health education • Increase capacity for mobile vaccine delivery • Increase the number of children, adolescents, and adults receiving all ACIP-recom mended vaccines • Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. 118 Total: Depending on activities selected, reporting requirements may include the following measure: 5.1: Provide a description of the work and successes/challenges of COVID-19 vaccine-related activities (e.g., number of vaccine clinics, number of mobile vaccine clinics, number of pop-up clinics). 119 MEMORANDUM OF AGREEMENT This Memorandum of Agreement(the "MOA")is made and entered into on May„J—, 2023, by and between the City of Seward, a municipal corporation organized under the laws of the State of Alaska, with an address of 410 Adams Street City Hail Building (the "City"), and the Seward Prevention Coalition, a nonprofit organization organized under the laws of the State of Alaska, with an address of 302 Railway Ave. Suite 123 (the "Coalition"). WHEREAS, the City has secured awarded funding through the Healthy& Equitable Communities division of Public Health (the "Funding")to support the implementation of certain activities (the "Activities`) aimed at promoting healthy and equitable communities in the City; and WHEREAS, the Coalition has the expertise and capacity to implement the Activities and to tracts financial spending, complete and submit quarterly reports, and provide the City with quarterly updates related to the Implementation of the Activities; NOW, THEREFORE, the City and the Coalition agree as follows: 1. Scope of Work. The Coalition shall implement the Activities outlined in the application for the Funding, which Is attached hereto as Exhibit A and incorporated by reference herein. The Coalition shall perform the Activities in accordance with the timeline and budget specified in Exhibit A, subject to any changes mutually agreed upon in writing by the City and the Coalition. 2. Funding. The City shall disburse the Funding to the Coalition In accordance with the schedule and conditions set forth in Exhibit A.The Coalition shall use the Funding solely for the purposes of implementing the Activities. 3. Reporting. The Coalition shall track financial spending related to the Activities and shall complete and submit quarterly reports to the City, in a format and on a schedule specified by the Department of Public Health. The Coalition shall also provide the City with quarterly updates related to the implementation of the Activities. 4, Term. This MOA shall commence on the date first written above and shall continue until the completion of the Activities, unless earlier terminated by mutual agreement of the City and the Coalition. 5. Termination. Either party may terminate this MOA upon written notice to the other party if the other party materially breaches any provision of this MOA and fails to cure such breach within 45 days after receiving written notice thereof. 120 6. Notices: Any communications between the City and SPC, payments, and notices Provided herein to be given or made, may be given or made by mailing them to the City and SPC at the following addresses: Seward Prevention Coalition P.O. Box 482 Seward, Alaska 99664 City of Seward P.O. Box 167 Seward, Alaska 99W 7. Indemnity: The Coalition shall indemnify, defend and hold the City of Seward harmless against any claims, costs, or liabilities related to or arising out of this Agreement including any aspect of its performance of the Activities. 8. Entire Agreement. This MOA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings, whether written or oral, between the parties. IN WITNESS WHEREOF, the undersigned have executed this MOA as of the date first written above. CITY OF SEWARD BY: Name: Title: SEWARD PREV TION COALITION By. N e: Title: x 121 MOA with City HEC Final Audit Report 2023-05-01 Created: 2023-05-01 By: Shannon Thom(sthorn@cityofseward.net) Status: Signed Transaction ID: CBJCHBCAABAA2ANDtml5vrangEpYYbEFjF3YpgMWCdP "MOA with City HEC" History Document created by Shannon Thom(sthorn@cityofseward.net) 2023-05-01-7:46:33 PM GMT-IP address:24.237.136.38 .. Document emailed to Janette Bower 0bower@cityofseward.net)for signature 2023-05-01-7:46:56 PM GMT Email viewed by Janette Bower Ubower@cityofseward.net) 2023-05-01-7:47:34 PM GMT-IP address:24.237.136.38 d© Document e-signed by Janette Bower 0bower@cityofseward.net) Signature Dale:2023-05-01-7:47:51 PM GMT-Time Source:server-IP address:24.237.136.38 Q Agreement completed. 2023-05-01-7 47 51 PM GMT Adobe Acrobat Sign • swir- Resolution 2023-054: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to enter into a contract with Util-Assist, Inc. to outsource the City's customer billing services for electric and water/sewer in an amount not to exceed $138,000, including a one-time fee of $36,000 to complete onsite discovery, due diligence and training. Documents: • Agenda Statement • Resolution 2023-054 • Master Service Agreement 123 City Council Agenda Statement Meeting Date: May 8, 2023 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery Subject: Resolution 2023-054: Authorizing the City Manager to Enter into a Contract with Util-Assist, Inc. to Outsource the City's Customer Billing Services for Electric and Water/Sewer in an Amount not to exceed $138,000, Including a One-Time Fee of $36,000 to Complete Onsite Discovery, Due Diligence and Training Background and justification: Over the past several years, the city has had difficulty recruiting and retaining employees in the utility desk positions related to customer billing for the Electric and Public Works departments. In fact, during much of this time, the utility desk functions were being handled by a single employee who recently moved into another department within the city. These challenges, along with software limitations, have made it difficult for billing services to operate efficiently and effectively, making it difficult to stay current with customer billing. Util-Assist, Inc., is a firm that has provided innovative billing, technology and data-driven solutions for utilities in the Lower 48 and in Canada since 2005. The Firm's mission is"to develop simplified solutions to position our clients as leaders in efficiency, innovation and conservation. We understand the utility perspective and have developed innovative, compelling solutions to address utility needs, increase efficiencies, and ensure best value." The Account Manager will take direction from and assign tasks for completion as directed by the City Manager/Assistant City Manager or designee. Services will be managed primarily offsite and will include but not be limited to: general administration, account management, cash processing services, contact center services, supervisory services, state-of-the-art platforms for voicemail and email functions, and infrastructure queue management. The assignments will be completed by designated Firm team members. City support employees will be available to assist the Firm Team by providing information, documentation, and explanations. The city will also continue to manage all meter reading and provide those readings to the Firm Team monthly. The monthly rate for these outsourced services is $8,500 or $102,000 per year. There is also a one-time fee of$36,000 for travel/lodging accommodations, onsite discovery/research, workshop coordination, training and materials. The use of these services will allow the City to eliminate a budgeted full-time utility billing position, which at the current pay scale and benefit rates will result in estimated savings of $80,000 to offset some of these costs. 124 The contract will be structured to terminate with reasonable notice the billing services for electric billing and adjust the contract's pricing should the City's electric system be sold Homer Electric Association. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.3 "Continue to improve the quality and efficiency of city governmental services." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 138,000 x Creates a savings in the amount of: $ 80,000 Has no fiscal impact Funds are (✓): Budgeted Line item(s): 01000-1140-7009-0123 X Not budgeted Not applicable Fund Balance Information Affected Fund (✓): X General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — restricted $ 2,597,995 Fund Balance/Net position — unrestricted/unassigned $ 5,860,108 Available Unrestricted Cash Balance: $ 8,526,929 Finance Director Signature: Attorney Review RxYes Attorney Signature: Not applicable Comments: 125 Administration Recommendation e✓ Adopt AM Other: 126 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-054 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Contract with Util-Assist, Inc. to Outsource the City's Customer Billing Services for Electric and Water/Sewer in an Amount not to exceed $138,000, Including a One-Time Fee of $36,000 to Complete Onsite Discovery,Due Diligence and Training WHEREAS,the City has historically managed all billing services for the Electric and Public Works departments; and WHEREAS, ongoing employee turnover in utility desk functions and the resulting lack of institutional knowledge has made it difficult for the department to operate efficiently and effectively; WHEREAS, in an effort to more efficiently and effectively manage billing services, the City Manager proposes entering into a contract with Util-Assist, Inc., for comprehensive billing services; and WHEREAS, Util-Assist, Inc., has provided innovative billing, technology and data- driven solutions for utilities since 2005; and WHEREAS, billing services for the City will include but not be limited to: general administration, account management, cash processing services, contact center services, supervisory services, state-of-the-art platforms for voicemail and email functions, and infrastructure queue management services; and WHEREAS,the Firm's duties will be performed primarily offsite after completing a three- day onsite visit for discovery and due diligence; and WHEREAS,the monthly rate for these services is $8,500 or $102,000 per year; and WHEREAS, there is an additional one-time fee of $36,000 for travel/accommodations, discovery/research, workshop coordination, training and materials; and WHEREAS, the use of these services will allow the City to eliminate a budgeted full-time utility billing position,which at the current pay scale and benefit rates will result in estimated savings of$80,000 to offset some of these costs; and WHEREAS,the contract will be structured to terminate with reasonable notice the billing services for electric and adjust the contract's pricing should the City's electric system be sold to Homer Electric Association. 127 CITY OF SEWARD, ALASKA RESOLUTION 2023-054 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Util-Assist, Inc., to outsource the City's customer billing services electric and water/sewer Section 2. Funding in an amount not to exceed $138,000, including a one-time fee of $36,000 to complete discovery, due diligence and training, is hereby appropriated from 01000- 0000-3400 General Fund Unassigned Fund Balance to 01000-1140-7009-0123 Contracted services expense for the Utility Billing Processing. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD, ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 128 MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT by and between City of Seward, Alaska ("SEWARD") ("Client"), with a place of business at 410 Adams Street City Hall Building, Seward, AK 99664, and Util-Assist Inc. ("UTIL-ASSIST") ("Supplier"), with a place of business at 470 Harry Walker Parkway South, Newmarket, Ontario L3Y 0133 is made and entered into as of the day of month, 2023 ("Effective Date"). RECITALS: WHEREAS, Client wishes to retain Supplier to perform certain services on behalf of Client, and Supplier wishes to perform such services, all on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties hereby agree as follows: ARTICLE 1 INTERPRETATION Section 1.1 Defined Terms. As used in this Agreement, the following terms have the following meanings: "Account Manager" has the meaning specified at Section 15.1. "Agreement" means this master services agreement. "Arbitration Notice" has been the meaning specified in Article 16. "Business Continuity Plan" has the meaning set out in Section 11.2(1). "Change request" has the meaning specified at Section 9.1(1). "Claim" has the meaning specified at Section 12.1(1). "Client" means City of Seward. ("SEWARD"). "Client Data" has the meaning specified at Section 3.1. "Client Technologies" has the meaning specified at Section 3.1. "Confidential Information" means all confidential information in documents or other tangible materials about, or disclosed by, either party to this Agreement, including knowledge, technical and business information relating to such party's products, research and development, production, costs, engineering processes, artwork, designs, computer software, formulas, methods, ideas, concepts, contemplated new services, improvements, associations with other organizations, accounting or financial information, customers, suppliers, marketing, and past, present or future business plans and business arrangements, together with the existence, terms and conditions of this Agreement; but does not include information: (i) is generally known to the public on the date of disclosure of same or becomes generally known to the public after such date through no breach of this Agreement or any other obligation of confidentiality; (ii) was Util-Assist Managed Services MSA 129 -2- known by the party receiving such information under this Agreement without any obligation to hold it in confidence at the time of disclosure; (iii) is received by the receiving party after the date of disclosure by the other party hereunder from a third- party without imposition, knowledge or breach of any obligation of confidentiality; (iv) is independently developed by the receiving party after the date of disclosure by the receiving party without access to Confidential Information of the disclosing party; (v) is approved for release by written authorization of the disclosing Party; or (vi) that Client is required to make public by state law, Section 1.6 of the City of Seward Charter or SCC 2.05. "Deliverables" shall mean all work product first created by Supplier for delivery to Client in connection with the Services provided hereunder, whether individually by Supplier or jointly with Client, but shall not include any third-party software or related documentation licensed directly to Client from a third-party or any Supplier Technology. "Dependencies" has the meaning specified in Section 3.2. "Designated Executives" means [insert] for Client and Mark Henderson, President and CEO and Sabina Fjodorova, Chief Operating Officer for Supplier. "Dispute" has the meaning specified at Section 15.4(1). "Effective Date" means the date of this Agreement. "Fees" has the meaning specified in Section 8.1. "Governance Committee" has the meaning specified at Section 15.2. "Indemnified Party" has the meaning specified at Section 12.3(1). "Indemnifying Party" has the meaning specified at Section 12.3(1). "Intellectual Property Rights" means any and all rights, in any jurisdiction, provided under: (a) patent law; (b) copyright law (including moral rights); (c) trade-mark law (including laws governing trade-marks, trade names and logos); (d) design patent or industrial design law; (e) semi-conductor chip or mask work law; or (f) any other statutory provision (including laws governing domain names), common law principle (including trade secret law and law relating to information of the same or similar nature and protected in the same or similar way) or equitable principle governing intellectual property, whether registered or unregistered, and including rights in any and all applications and registrations in respect of the foregoing. "Law" means any and all (i) laws, constitutions, treaties, statutes, codes, ordinances, principles of common and civil law and equity, orders, decrees, rules, regulations and municipal by-laws, whether domestic, foreign or international, (ii) judicial, arbitral, administrative, ministerial, departmental and regulatory judgments, orders, writs, injunctions, decisions, rulings, decrees and awards of any governmental entity and (iv) policies practices and guidelines of any governmental entity which, although not actually having the force of law, are considered by such governmental entity as requiring compliance as if having the force of law. "Losses" has the meaning specified at Section 13.1. 6835026v7 130 -3 - "Residuals" has the meaning specified at Section 10.1(6). "Services" has the meaning specified at Section 2.1. "Service Levels" has the meaning specified at Section 2.3(1). "Statement of Work" has the meaning specified at Section 2.1. "Supplier" means Util-Assist Inc. ("UTIL-ASSIST"). "Supplier Technology" has the meaning specified in Section 7.4. "Term" has the meaning specified at Section 14.1. "Transition Period" has the meaning specified at Section 14.4(1). "Transition SOW" has the meaning specified in Section 14.1(1). Section 1.2 Priority. In the event of a conflict or inconsistency in any provisions in the Agreement, the main body of this Agreement governs over the schedules to this Agreement. The Agreement governs over any individual Statement of Work except to the extent that the Statement of Work expressly specifies otherwise. If the parties intend a Statement of Work to change or override the provisions of the Agreement, the Statement of Work must clearly indicate the parties' intention to establish a different priority, including a clear acknowledgement specifically referring to the provisions of the Agreement that are changed or overridden Notwithstanding the foregoing, no provision in a Statement of Work may override any provision in the following Sections of the Agreement: Article 7 (Intellectual Property, Licenses), Article 10 (Confidentiality) Article 12 (Indemnification), or Article 13 (Limitation of Liability). Section 1.3 Rules of Interpretation. In this Agreement, unless there is something in the subject matter or context inconsistent therewith or unless otherwise herein provided: (a) all references to a designated "Article", "Section" or other subdivision or to a Schedule are to the designated Article, Section or other subdivision of, or Schedule to, this Agreement; (b) the provision of a Table of Contents, the division of this Agreement into Articles, Sections and other subdivisions and the insertion of headings are for convenient reference only and do not affect the construction or interpretation of this Agreement; (c) any reference to gender includes all genders. Words importing the singular number only include the plural and vice versa; (d) the word "or" is not exclusive. The words "including", "includes" and "include" means "including without limitation"; 6835026v7 131 -4- (e) references to "days" are to all days including, for the avoidance of doubt, Saturdays, Sundays and bank holidays; (f) all references to dollars or to I" are expressed in currency of the United States of America; (g) any capitalized term used in this Agreement or a Statement of Work that is not otherwise defined will have the generally accepted industry or technical meaning given to such term; (h) unless otherwise specified, time periods within or following which any payment is to be made or Notice is to be given will be calculated by excluding the day on which the period commences and including the day on which the period ends and by extending the period to the next Business Day following if the last day of the period is not a Business Day. When a party has a right to performance by the other party or a right to terminate this Agreement as of a particular date, that right may be enforced or exercised notwithstanding any principles of equity, and the party will be entitled to that performance or to terminate this Agreement on or after such date; and (i) a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced. ARTICLE 2 SERVICES Section 2.1 Statements of Work. Supplier shall provide to Client the services and deliverables in accordance with this Agreement and each statement of work (each, a "Statement of Work") executed by the parties (the "Services"). The form of Statement of Work to be used by the parties which specifies the scope and terms upon which Services are to be provided to Client is attached hereto as Schedule A. The parties may mutually agree to additional Statements of Work, which shall become effective, upon execution by authorized representatives of both parties. All subsequent Statements of Work shall incorporate the terms of this Agreement except as provided for in Section 1.2. Each Statement of Work shall specify: (i) Supplier's specific obligations, including all deliverables ("Deliverables") and tasks Supplier shall perform, develop or provide in the course of performing the Services; (ii) the term of and performance schedule relating to such Services; (iii) the applicable fees and payment terms for the Services; (iv) any responsibilities of Client; (v) certain assumptions on which Supplier's performance of Services is based; and (vi) any other pertinent terms and conditions. Section 2.2 Provision of Services. (1) The method and means of providing the Services shall be under the exclusive control, management and supervision of Supplier. Unless otherwise specified in a Statement of Work, it is understood and agreed that Supplier is not under any obligation to utilize any specific software packages, hardware or technologies in the discharge of its responsibilities under this Agreement. In addition, Supplier shall have the right to: (i) control and supervise the activities of Supplier personnel who provide Services; (ii) determine which persons shall perform the Services; and (iii) with respect to any 6835026v7 132 -5 - individual, hire, reassign, promote, demote or terminate such person. In performing its obligations under this Agreement, Supplier will be entitled to rely upon any routine instructions, authorizations, approvals or other information provided to Supplier by employees, contractors or agents of Client. (2) Supplier may subcontract all or any portion of the Services from time to time; provided, however, that Supplier shall remain responsible hereunder to Client for performance of all such Services. Client hereby grants to such subcontractors all licenses, rights and authorizations granted to Supplier herein and in any Statement of Work. Section 2.3 Service Levels (1) Supplier will perform the Services and/or Deliverables in accordance with the service levels, if any, set out in the applicable Statement of Work ("Service Levels"). Any changes to such Service Levels will be subject to the change control process set out in Article 9. (2) If Supplier fails to meet a Service Level, Supplier will use commercially reasonably efforts to: (i) investigate and report on the causes of the problem giving rise to the Service Level failure; (ii) advise Client of steps to be taken or already taken to remediate the problem; (iii) provide Client with periodic updates as to the status of remediation; and (iv) take appropriate preventative measures to mitigate future Service Level failures arising from the same problem. (3) Supplier will deliver to Client, with the agreed to frequency and level of detail required, any reports set out in the applicable Statement of Work to enable Client: (i) to review the fulfillment and accuracy of Supplier's provision of the Services; and (ii) compare Supplier's actual performance against any specified Service Levels. Section 2.4 Right to Perform Services for Others. Supplier may market, develop, use and perform services, deliverables and products that are the same as or similar to those provided to Client under this Agreement for other Supplier clients. This Agreement shall not prevent or limit Supplier from using any of its personnel, equipment, facilities or technology for such purposes. ARTICLE 3 CLIENT OBLIGATIONS; DEPENDENCIES Section 3.1 Client Obligations. (1) In connection with Supplier's provision of the Services, Client shall perform those tasks and fulfill those responsibilities specified in this Agreement and each Statement of Work. Client shall cooperate with Supplier in the performance of the Services, including, without limitation, by providing Supplier with: (i) timely use of and access to Client's systems, software, facilities and other Client-owned, controlled or licensed hardware, software, and technologies (collectively, "Client Technologies") reasonably necessary for the performance of the Services; (ii) access to and support of qualified employees, contractors and agents of Client; and (iii) accurate, reliable and timely information required by Supplier for the performance of the Services ("Client Data"). Client warrants that it has all necessary rights or approvals for Supplier to use all Client Technologies, 6835026v7 133 - 6 - Client Data and other Client provided resources in connection with the performance of the Services. Client shall be responsible for the performance of its employees, contractors and agents, and represents and warrants that any information and data provided by Client to Supplier (including Client Data), on which Supplier has based the Services and prices, are accurate and complete in all material respects. (2) Client will notify Supplier in a timely manner regarding changes in laws and regulations, including without limitation those that are particular to its industry, which may affect Supplier's provision of, or Client's use of, the Services. If necessary, the parties shall initiate the change control process set forth in Article 9 to address any performance- related issues which may arise as a result of any such changes. Section 3.2 Dependencies. The parties acknowledge and agree that the Services under any Statement of Work may be dependent upon the timely and satisfactory completion of certain conditions by Client ("Dependencies"). Dependencies shall include without limitation: (i) the completeness, accuracy and quality of information (including Client Data), resources, changes, work product or support provided by Client or a third-party, if any; (ii) Client's timely exercise of relevant rights of approval or consent; (iii) Client's satisfactory performance of its responsibilities; (iv) Client's provision of required access to Client facilities and personnel, consents to use of third-party license or Client Technologies; and (v) the validity of any assumptions described in a Statement of Work. In the event any Dependencies have not been satisfied, Supplier may, without liability, suspend or delay work under the applicable Statement of Work and proceed by implementing the change control process described in Article 9 of this Agreement. Section 3.3 No Responsibility for Third-Party Actions. While Supplier will use reasonable efforts to cooperate and coordinate the Services with third-party suppliers of services to Client, Supplier will not be liable or otherwise responsible for any Service delays, interruption or degradation attributable to acts or omissions of any such third-party. ARTICLE 4 INSURANCE Section 4.1 Supplier Insurance. (1) Supplier will procure and maintain in force throughout the Term and for a period of one year after the expiration or termination of this Agreement the insurance coverage as set out in Schedule B. (2) Supplier will provide Client with acceptable evidence of insurance, in the form of a certificate of insurance to be signed by the authorized broker or agent, prior to commencing the Services. 6835026v7 134 - 7- ARTICLE 5 AUDITS AND RECORD RETENTION Section 5.1 Record Retention. (1) During the Term and for three (3) years after the expiration of the Term of the Agreement, the Supplier shall maintain all necessary records to substantiate all charges and payments under the Agreement within the prior one (1) year period. (2) Client may, at its own expense and upon reasonable advance notice to the other Party (but no more than once during each year of the Agreement), engage an independent accounting firm reasonably acceptable to Supplier to conduct an audit of the relevant financial records of the Supplier solely to the extent necessary to verify the accuracy of Supplier's invoices. Any such audit shall be conducted: (i) in accordance with Supplier's security policies and procedures; (ii) during the Supplier's normal business hours for the location at which the audit is being provided or at other times mutually agreed upon by the parties; (iii) in such a manner so as to minimize interference with the Supplier's normal business operations; and (iv) subject to the reasonable confidentiality restrictions required by Supplier that are at least as restrictive as those provided in this Agreement. No access will be provided to any records related to Supplier's cost of providing the Services, profit or loss or third-party charges not payable by Client as pass through charges. ARTICLE 6 REPRESENTATIONS AND WARRANTIES Section 6.1 Representations of Supplier. (1) As of the Effective Date and continuing throughout the Term, Supplier represents, warrants and covenants to Client, that: (a) Supplier has, and shall continue to have for the duration of this Agreement and for such time after the expiry or termination of this Agreement and each Statement of Work as is necessary for the performance of its obligations under this Agreement and each Statement of Work, full capacity and authority and all necessary governmental, administrative and regulatory authorizations, licenses, permits and consents to enter into and to perform this Agreement and to provide the Services; (b) Supplier is a company duly incorporated, validly existing and in good standing under the laws of its jurisdiction of incorporation and this Agreement is executed by duly authorized representatives of Supplier; (c) all of Supplier's responsibilities and obligations pursuant to this Agreement shall be: (i) fulfilled by appropriately experienced, qualified and trained professional personnel with all due skill, care and diligence; and (ii) performed in good and workmanlike manner, consistent with generally accepted industry practices; 6835026v7 135 - 8 - (d) shall perform its obligations in a manner that complies, in all material respects, with all statutory and regulatory requirements applicable to Supplier; (e) the Services will conform to any specifications and other requirements specified in the applicable Statement of Work; (f) the receipt and use by Client of the Services in accordance with this Agreement, the provision by Supplier or its subcontractors of the Services, and the grant of rights to Client pursuant to Section 7.2 will not constitute an infringement or misappropriation of any intellectual property rights of any third-party; (g) as at the date of their supply or performance and only to the extent that the Services require access to Client's information technology systems, the Services will not contain anything and nothing will, as at the date of their supply or performance or thereafter arising from such supply or performance, be inserted or entered into the Services or any systems of Client by virtue of any access provided hereunder, including any computer program code, computer virus, computer worm, Trojan horse, authorization key, license control utility or Software lock, which is likely to: (i) impair the operation of the Services or any computer systems or programs used by Client; or (ii) cause loss of, or corruption or damage to, any program or data held on the Services or any computer systems or programs used by Client. Section 6.2 Disclaimer The warranties set forth in this Section 6.1 are the only warranties provided by Supplier and are exclusive and in lieu of all other warranties and conditions, express, implied, statutory or otherwise with respect to the Services or Deliverables (including the performance of materials or processes developed or provided or the results that can be obtained therefrom) pursuant to this Agreement. All other warranties including all implied warranties and conditions of merchantability and fitness for a particular purpose are expressly disclaimed. Supplier shall not be liable for any services, products or materials provided by third-party vendors, developers or consultants, including but not limited to the selection thereof. Section 6.3 Representations of Client. As of the Effective Date and continuing throughout the Term, Client represents, warrants and covenants to Supplier, that: (a) Client has, and shall continue to have for the duration of this Agreement and for such time after the expiry or termination of this Agreement and each Statement of Work as is necessary for the operation of its business and the receipt of the Services under this Agreement and each Statement of Work, full capacity and authority and all necessary governmental, administrative and regulatory authorizations, licenses, permits and consents to operate its business; 6835026v7 136 - 9 - (b) Client is a company duly incorporated, validly existing and in good standing under the laws of its jurisdiction of incorporation and this Agreement is executed by duly authorized representatives of Client; (c) shall perform its obligations in a manner that complies, in all material respects, with all statutory and regulatory requirements applicable to Client; and (d) the grant of rights to Supplier for the receipt and use of any Client Intellectual Property by Supplier or its contractors in the performance of its obligations hereunder and in accordance with the terms of the Agreement will not constitute an infringement or misappropriation of any Intellectual Property Rights of any third-party. ARTICLE 7 INTELLECTUAL PROPERTY; LICENSES Section 7.1 Supplier Technology. (1) Supplier has created, acquired or otherwise has rights in, and may, in connection with the performance of the Services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various data, technology, methods and methodologies, processes, know-how, ideas, techniques, models, templates, algorithms, development tools, software code, documentation, tools, software and interfaces, utilities and routines, and logic, coherence and methods of operation of systems (collectively, the "Supplier Technology"). (2) Client acknowledges that Supplier has expended material expense in creating the Supplier Technology and has a proprietary interest therein. Client covenants that it will not sublicense, disclose, display, copy, distribute or use the Supplier Technology for any other purpose than that set out in Section 7.2 and will hold in strict confidence the Supplier Technology. Neither Client, nor any third-party, shall modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, or, if applicable, otherwise attempt to derive any source code from the Supplier Technology. Neither Client, nor any third-party, shall remove, obscure or alter Supplier's copyright notices, trademarks or other proprietary rights or notices affixed to or contained in the Supplier Technology. (3) Client further acknowledges and agrees that in the event of a breach or threatened breach by Client of any of the provisions of this paragraph, Supplier may suffer irreparable damages and have no adequate remedy at law and accordingly will be entitled to seek injunctive relief and Client agrees not to plead sufficiency of damages as a defense. Section 7.2 Intellectual Property Rights of Client. (1) Subject to Client's performance of all of its material obligations under this Agreement (including full payment of amounts due to Supplier under the Agreement), Supplier hereby grants to Client (i) a non-transferable, non-exclusive, non-sub-licensable, royalty- free license to fully use the Deliverables in any manner for its internal business purposes; and (ii) a non-transferable, non-exclusive, non-sub-licensable, royalty-free, license to use, solely in connection with Client's receipt of the Services, any Supplier Technology contained in the Deliverables. Supplier shall retain and shall own exclusively 6835026v7 137 - 10 - all right, title and interest in and to all Supplier Technology and derivative works thereof (including the Deliverables) and all Intellectual Property Rights inherent therein or appurtenant thereto. In addition, Supplier retains the right to use, in any manner whatsoever and on its own behalf or on behalf of others, all Supplier Technology from Supplier's knowledge, experience and know-how, including processes, ideas, concepts and techniques developed in connection with or as a result of the Services provided under this Agreement. Section 7.3 License Grant to Supplier. Client hereby grants to Supplier, solely for the benefit and use by Supplier to provide the Services to Client during the Term (as defined below) and during any transition period as set forth in Section 14.4(1), a non-exclusive, non-transferable, sub licensable and royalty-free license to access, make, use, execute, reproduce, display, perform, distribute and prepare modifications, enhancements, upgrades or other derivative works based on any Client Data or Intellectual Property Rights of Client solely in the performance of the Services (including the creation of any Deliverables) for Client in accordance with the terms of this Agreement. Section 7.4 No Rights. (1) Except as expressly set forth herein, no license is granted by either Party to the other with respect to any technical or business information, or with respect to rights in any patents, trademarks, copyrights or other rights of authorship and other Intellectual Property Rights, including but not limited to Supplier Technology. Nothing in this Agreement shall be construed to grant to either Party any ownership or other interest, in the Confidential Information or proprietary technology of the other or of third parties, except as may be provided under a license specifically applicable to such Confidential Information or technology. (2) Neither Party shall use any mark or logo of the other Party except where required to perform an obligation, or enforce a right, set forth hereunder, and only if it has received the prior written permission of the Party owning such mark or logo to do so. Section 7.5 Suggestions and Feedback. Client acknowledges and agrees that the provision or disclosure of suggestions or feedback to Supplier ("Suggestions") will not be subject to any obligation of confidentiality. By providing Suggestions to Supplier, Client hereby assigns to Supplier and waives any and all of Client's rights in and to such Suggestions. ARTICLE 8 FEES AND PAYMENTS Section 8.1 Fees. During the Term, Client shall pay to Supplier, in accordance with Article 8, the fees set out in each Statement of Work, plus any applicable taxes and duties, including, excise, sales, use and value added taxes and any reasonable out-of-pocket expenses (collectively the "Fees"). Client agrees that on each anniversary of the Effective Date, there will be an annual increase of 3% or CPI, whichever is higher. Such fee increase shall be effective without further 6835026v7 138 - 11 - notice required to be provided by Supplier and will be reflected on the first invoice to be sent to Client after the effective date of such increase. Section 8.2 Taxes. (1) Client shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated, imposed as a result of the existence or operation of this Agreement, including but not limited to any tax which Client is required to withhold or deduct from payments to Supplier. (2) If Client is required to bear a tax pursuant to Section 8.2(1) above, Client shall pay such taxes and other charges and any additional amounts as are necessary to ensure that the net amounts received by Supplier after all such payments or withholdings equal the amounts to which Supplier is otherwise entitled under this Agreement as if such taxes, or other charges, did not exist. Section 8.3 Payment Obligation of Client. (1) All amounts invoiced by Supplier are due within 30 days of the date of the invoice. If Client fails to pay, when due, any amount payable hereunder, without limitation of any right or remedy available to Supplier at law, in equity or by contract, Client agrees to pay, in addition to any amount past due, interest accrued thereon calculated at a rate of one and one-half percent (1.5%) per month and all reasonable expenses incurred by Supplier in enforcing this Agreement, including all reasonable attorneys' fees and other costs of collection. Without limitation of the foregoing, if Client is delinquent in payment, Supplier may, upon notice to Client and at its discretion (i) modify the payment terms to require full payment before providing further Services; or (ii) require other assurances to secure Client's payment obligations. (2) Any dispute in respect of Fees shall be subject to dispute resolution set out in Article 15. Notwithstanding the foregoing, Client shall be liable to make timely payment on all undisputed Fees. Section 8.4 No Abatement or Set-Off. Client agrees that any sums payable to Supplier under this Agreement shall not be subject to any abatement, set-off, or recoupment. ARTICLE 9 CHANGE CONTROL Section 9.1 Change Control Process. (1) Either Party may request a change to the Services and Deliverables provided under the Agreement or a Statement of Work by submitting to the other Party a written change request reasonably detailing the scope and priority of the desired changes. Such change request shall be delivered to the other Party's Account Manager and shall be expressly identified as a "Change Request". The Supplier shall promptly evaluate each change requested by Client and shall promptly provide Client with a written impact assessment that addresses relevant factors, including the implications for deadlines, fees and any other terms and conditions. 6835026v7 139 - 12- (2) No change request shall be implemented or incorporated unless and until both parties have executed a written change order. Each change order shall contain a description of any additional services to be performed, a statement of the impact of the changes on the Services, Deliverables, deadlines, costs or other requirements of the Statement of Work, if applicable and signatures of each Party. ARTICLE 10 CONFIDENTIALITY Section 10.1 Confidentiality Obligations. (1) Each Party will, in its capacity as a receiving Party: (a) not use Confidential Information of the disclosing Party for any purpose, other than as may be reasonably necessary for the performance of its obligations set out in this Agreement or the exercise of its rights hereunder; (b) not disclose, provide access to or transfer any Confidential Information of the disclosing Party except to those employees, contractors and agents with a need to know or access such information to perform the obligations set out in this Agreement and to such Party's legal, financial, accounting or other advisors who are subject to obligations of confidentiality to provide applicable professional advisory services; (c) shall protect the Confidential Information of the other Party by exercising at least the same measures that such Party uses to protect its own Confidential Information of like character, which shall be no less than a reasonable standard of care; and (d) advise all employees, agents and contractors having access to any or all of the Confidential Information of the other Party of the confidentiality obligations set forth herein. (2) Notwithstanding Section 10.1(1) each Party, in its capacity as a receiving Party, may disclose Confidential Information of the other Party: (a) if and to the extent required by a governmental or regulatory authority or otherwise as required by applicable law, provided that the receiving Party provides the disclosing Party notice of such compelled disclosure (except where prohibited by applicable law from doing so) and uses commercially reasonable efforts to provide the disclosing Party with an opportunity to take such steps, at the expense of the disclosing Party, to challenge or contest such disclosure or seek a protective order. Thereafter, the receiving Party may disclose the Confidential Information of disclosing Party, but only to the extent required by applicable law and subject to any protective order that applies to such disclosure; and (b) to potential permitted assignees or successors of the receiving Party if and to the extent that such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of receiving Party. 6835026v7 140 - 13 - (3) Each Party is liable for any breach by its respective employees, agents or contractors of the confidentiality obligations set out herein. (4) Supplier shall, at all times and upon the expiration or termination of this Agreement, promptly follow any instructions provided by Client for the return or destruction of Client's Confidential Information, provided that (i) Supplier may retain such copies in its archival or back-up computer storage for the period it normally archives backed-up computer records, and (ii) such back-up copies shall be subject to the provisions of this Agreement until the same are destroyed, and shall not be accessed by Supplier during such period of archival or back-up storage other than as might be permitted herein. (5) Notwithstanding anything to the contrary in this Agreement, Supplier shall have the irrevocable right to use for any purpose the Residuals resulting from Supplier's performance of the Services. "Residuals" means disclosed Client Confidential Information remembered by those individuals within the scope of Supplier's obligations under this Agreement who no longer have access to the disclosed Client Confidential Information. However, Residuals does not include any detailed financial or personnel data, or the identity of Client. (6) The parties acknowledge that breach of any provisions of this Article may cause irreparable harm to the disclosing Party or to any third-party to whom the disclosing Party owes a duty of confidence, and that the injury to the disclosing Party or to any third-party may be difficult to calculate and inadequately compensable in damages. The receiving Party agrees that the disclosing Party may be entitled to obtain injunctive relief (without proving any damage sustained by it or by any third-party) or any other remedy against any actual or potential breach of the provisions of this Article. ARTICLE 11 SECURITY Section 11.1 Supplier Obligations. (1) Supplier shall maintain adequate and appropriate technological, physical and organizational security measures and standards for security and configuration with respect to its facilities, computer systems, employees, contractors, third parties under its control, and other matters relating to this Agreement, in accordance with the applicable policies of Supplier. Supplier shall take reasonable precautions, as applicable, including the implementation of appropriate access controls to prevent unauthorized access of the Confidential Information of Client while such information is in the possession of Supplier or through the Supplier's access privileges. In addition, Supplier shall take the same measures that it uses with its own Confidential Information to prevent the loss, damage, unauthorized modification or destruction of the Confidential Information of Client in its possession or control. (2) Supplier shall ensure that all Client Data that it receives and stores, and which has not previously been disposed of in accordance with this Agreement, is maintained, accessed, used and transmitted from, to and within a secure environment as appropriate to the Services performed. Supplier and Client are each responsible for fully complying with any and all obligations applying respectively to them under applicable laws, including, but not limited to those laws pertaining to data protection and privacy. 6835026v7 141 - 14- Section 11.2 Business Continuity (1) Supplier shall at all times comply with its business continuity and disaster recovery plan ("Business Continuity Plan"). Upon written request of Client, Supplier shall provide a copy of its Business Continuity Plan to Client within thirty (30) days of such request. ARTICLE 12 INDEMNIFICATION Section 12.1 Intellectual Property Indemnity. (1) Subject to Section 12.1(3), if a third-party claims that any Services provided or Deliverables delivered to the Client by the Supplier infringes any Intellectual Property Rights enforceable in Canada, the Supplier will defend Client against such third-party claim, demand or action ("Claim") at the Supplier's expense. The Supplier will pay all costs, damages and legal fees that a court finally awards or are included in a settlement agreed to by the Supplier, provided that the Client: (a) promptly notifies the Supplier in writing of the Claim; and (b) cooperates with the Supplier, and allows the Supplier to control, with the Client's participation and cooperation, the defense and any related settlement negotiations. (2) If such a Claim is made or appears likely to be made under Section 12.1(1), Client agrees that the Supplier may (i) procure the right for Client, at the Supplier's cost for Client to continue to use the Services and Deliverables; or (ii) provide Client with a non- infringing replacement or modification which meets the specifications and functionality required in this Agreement and the applicable Statement of Work in all material respects. (3) The Supplier has no obligation and no liability pursuant to this Agreement regarding any Claim based upon any of the following: (a) Client's modification of the Service, Deliverables or use of any software provided hereunder in other than the operating environment specified for the software; (b) the combination, operation or use of the Service, Deliverables or anything provided under this Agreement with any programs, hardware or software that the Supplier did not provide, unless the Supplier has specifically approved of the other programs, hardware or software for such combination, operation or use; (c) compliance with Client's written requirements for the Services and Deliverables; or (d) infringement by anything provided first by Client for use in providing the Services and Deliverables including pursuant to the license grant in Section 7.3. (4) If a third-party claims that any Services provided or Deliverables delivered to the Client by Supplier under this Agreement infringes any Intellectual Property Right enforceable in United States and the alleged infringement is based upon: 6835026v7 142 - 15 - (a) compliance with Client's written requirements for the Services and Deliverables; or (b) infringement by anything provided first by Client for use in providing the Services and Deliverables including any Client Data or Client Confidential Information; then the Client will defend the Supplier against the Claim at Client's expense. In this regard, Client will pay all costs, damages and reasonable legal fees that a court finally awards or are included in a settlement agreed to by Client, provided that the Supplier: (i) promptly notifies Client in writing of the Claim; and (ii) cooperates with Client in, and allows Client to control, with the Supplier's participation and cooperation, the defense and any related settlement negotiations. Section 12.2 General Indemnities. (1) Supplier shall indemnify and defend Client, in accordance with the procedures set forth in Section 12.3, from and against any losses suffered by Client pursuant to a Claim, to the extent arising from: (a) any breach of the Agreement as a result of the gross negligence, fraud or willful misconduct of the Supplier; (b) damage to or loss of any real or tangible personal property of Client in the possession or under the control of Supplier from (i) a breach of the Agreement by Supplier; or (ii) the gross negligence, fraud or willful misconduct of Supplier;or (2) Client shall indemnify and defend Supplier, in accordance with the procedures set forth in Section 12.3, from and against any losses suffered by Supplier pursuant to a Claim to the extent arising from: (a) Any breach of the Agreement as a result of the gross negligence, fraud or willful misconduct of Client; (b) damage to or loss of any real or tangible personal property of Supplier in the possession or under the control Client from (i) a breach of the Agreement by Client or (ii) the gross negligence, fraud or willful misconduct of Client (c) a breach by Client of its obligations under Article 10 (Confidentiality); or (d) the breach or alleged breach or misrepresentation by Client of any agreement with its customers arising from Client's use of the Services provided by Supplier in compliance with this Agreement. Section 12.3 Indemnification Procedures. (1) The Party seeking indemnification under this Agreement (the "Indemnified Party") shall notify the other Party (the "Indemnifying Party") promptly after the Indemnified Party receives notice of a Claim for which indemnification is or may be sought under this 6835026v7 143 - 16 - Agreement, provided, however, that no failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of its indemnification obligations under this Agreement except to the extent that it is materially prejudiced by such failure. The Indemnifying Party will have the right to control, in a manner not adverse to the Indemnified Party, the defense and settlement of any Claim using counsel reasonably acceptable to the Indemnified Party. The Indemnified Party may employ counsel, at its own expense, with respect to any such Claim (provided that if counsel is employed due to a conflict of interest or because the Indemnifying Party does not assume control of the defense, the Indemnifying Party will bear such expense). The Indemnifying Party will not enter into any settlement of a Claim that adversely affects the Indemnified Party's rights or interests without the Indemnified Party's prior written approval, provided that the Indemnifying Party may agree to any monetary settlement of any Claim without any admission of liability of the Indemnified Party. (2) The indemnification rights of the Indemnified Party under this Agreement shall be the exclusive remedy of the Indemnified Party with respect to the Claims to which such indemnification relates. ARTICLE 13 LIMITATION OF LIABILITY Section 13.1 Maximum Liability. (1) Subject to Section 13.2 below, the maximum aggregate amount of either Party's liability for any and all losses, damages and other similar amounts payable by either Party, and arising out of or in connection with this Agreement or any Statement of Work, shall not exceed two times the Fees paid by Client to Supplier for the immediately preceding twelve (12 month) period prior to the notice of Claim for that specific Statement of Work. Section 13.2 Direct Damages. Except for a Party's indemnification obligations, to the maximum extent permitted by applicable law, in no event shall either Party or its subsidiaries or affiliates be liable to the other Party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on Supplier's fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such Party's exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The Parties understand and agree that the exclusions and limitations of liability set forth in this Section 13 represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to Supplier reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement. 6835026v7 144 - 17- ARTICLE 14 TERM AND TERMINATION Section 14.1 Term. (1) This Agreement shall remain in effect from the Effective Date until terminated pursuant to the terms of this Agreement. Section 14.2 Termination byClient. (1) Client may terminate this Agreement or a Statement of Work for cause: (a) with 30 days' prior written notice if Supplier party is in material breach or default of any obligation thereunder, which breach or default is not substantially cured within thirty (30) days of Client's written notice of such breach, provided that the failure to cure is not as a result of a breach by Client; (b) immediately upon written notice if Supplier files a petition in bankruptcy, makes application or files a petition seeking any re-organization, arrangement, composition or similar relief under any law regarding insolvency or relief for debtors or makes an assignment for the benefit of creditors, or if a receiver or receiver and manager, trustee or similar officer is appointed for the business or property of Supplier or any part thereof, or if any involuntary petition, application or other proceeding under any bankruptcy or insolvency law is instituted against Supplier and is not stayed, otherwise enjoined or discharged within fifteen (15) Business Days; Section 14.3 Termination or Suspension by Supplier. (1) Supplier may terminate this Agreement or a Statement of Work for cause: (a) with 30 days' prior written notice if, subject to Section 14.3(2), Client is in material breach or default of any obligation thereunder, which breach or default is not substantially cured within thirty (30) days of Supplier's written notice of such breach, provided that the failure to cure is not as a result of a breach bySupplier; (b) immediately upon written notice if Client files a petition in bankruptcy, makes an application or files a petition seeking any re-organization, arrangement, composition or similar relief under any law regarding insolvency or relief for debtors or makes an assignment for the benefit of creditors, or if a receiver or receiver and manager, trustee or similar officer is appointed for the business or property of Supplier or any part thereof, or if any involuntary petition, application or other proceeding under any bankruptcy or insolvency law is instituted against Supplier and is not stayed, otherwise enjoined or discharged within fifteen (15) Business Days; or (c) immediately upon written notice if there is a change in law or regulation that substantially prevents Supplier or Client from continuing its operations as they have previously been conducted; 6835026v7 145 - 18 - (2) In the event that Client fails to pay any material amount due to Supplier hereunder and does not cure such default within five (5) business days of being notified of such default, then Supplier may, by giving written notice thereof to Client, at its discretion, suspend performance of the Services or terminate this Agreement, or the applicable Statement of Work, as of a date specified in such notice. Supplier's election to suspend performance will not be a waiver of(i) its subsequent right to immediately terminate this Agreement or the applicable Statement of Work, if payment is not received by a date set forth in any notice provided by Supplier or (ii) any other remedies available to the Supplier. Section 14.4 Effect of Termination. (1) Upon the effective date of the expiration or termination of a Statement of Work, Supplier shall, upon Client's written request, for a period not to exceed three (3) months ("Transition Period") reasonably cooperate with Client to transition such terminated services to Client or a Client-designated third-party, which assistance, including the applicable rates and fees will be detailed in a Statement of Work ("Transition SOW"). (2) During such Transition Period, and upon Client's written request, Supplier may continue to provide the applicable Services at the then existing-terms and charges set forth in this Agreement and the applicable Statements of Work for the period of time set forth in the Transition SOW, provided that payment for such services shall be made in advance if there are undisputed amounts owed to Supplier at the time of expiration ortermination. (3) In connection with the Termination Transition and in order to facilitate the transition of such data to another system, Supplier may provide Client, at Client's expense and as further set out in the Transition SOW, access to all tables, file specifications, notes and reports prepared pursuant to this Agreement and of the Client Data, an updated data dictionary in connection therewith and a subject matter expert for assistance in data transition and, at the request of Client, provide (i) within ten (10) Business Days of a request to so provide, an estimate of all out-of-pocket expenses to be incurred by Supplier in connection with providing a replication of such tables, file specifications, notes and reports and the Client Data in such format indicated in such request and (ii) within fifteen (15) Business Days of Client indicating to Supplier that it must proceed with fulfilling such request and provided that Client shall reimburse all out-pocket expenses incurred by Supplier in connection therewith, a replication of such tables, file specifications, notes and reports and the Client in such format indicated in such request or as otherwise agreed by Client and Supplier. (4) Without limiting the foregoing, Client's obligation to pay all amounts due and owing to Supplier for all Services provided and expenses incurred as of the date of termination, and all costs and expenses related to any such expiration or termination, including any termination fees agreed to in any Statement of Work shall survive. (5) Section 2.4, Section 3.3, Section 5.1, Section 6.2, Section 7.1, Section 7.2, Section 7.4, Section 8.3, Section 8.4, Section 10.1, Article 13, Article 16, Article 17 and Article 18, and any provisions in a Statement of Work specified as surviving, shall survive any termination of this Agreement and termination or expiration of any Statement of Work. 6835026v7 146 - 19 - ARTICLE 15 GOVERNANCE AND DISPUTE RESOLUTION Section 15.1 Account Managers. Each Party shall appoint in the applicable Statement of Work an individual who shall serve as the primary representative of such Party under this Agreement (each, an "Account Manager"). The Account Managers shall: (i) have overall responsibility for managing and coordinating the performance of such Party under this Agreement; (ii) attend all Client regularly scheduled meetings and planning sessions as reasonably requested by Client; (iii) be authorized to act for and on behalf of such Party under this Agreement to resolve issues that may arise during the course of the Agreement; and (iv) attempt to resolve disputes in accordance with this Agreement. Section 15.2 Governance Committee. The parties each shall appoint its respective Account Manager and one senior officer to serve on a governance committee (the "Governance Committee"). The Governance Committee shall be authorized and responsible for (i) overseeing the overall progress of the Services; (ii) establishing general policies; and (iii) monitoring and resolving disputes referred to it by the Account Managers in accordance with this Agreement. Section 15.3 Governance Committee Meetings. The Governance Committee may meet by phone or other means or at such other frequency as mutually agreed to by the parties. Section 15.4 Dispute Resolution. (1) In the event that any question, dispute, difference or claim arises out of or in connection with this Agreement, including a question regarding its existence, validity, performance or termination (each a "Dispute"), the Account Managers shall initially attempt to resolve the Dispute in good faith. If after five (5) Business Days, the Dispute cannot be resolved, such Dispute shall be escalated to the Governance Committee. (2) The Governance Committees shall meet to discuss and seek to resolve an escalated Dispute within three (3) Business Days after the Account Managers have failed to resolve the Dispute. If the Dispute is not resolved by the Governance Committees within five (5) Business Days thereafter, either Party may require that the Dispute be referred to the Designated Executives for resolution. (3) If the Designated Executives are unable to resolve the Dispute within five (5) Business Days thereafter, or such other period as the Designated Executives may agree upon, either Party may submit the Dispute to arbitration under Section 15.2. ARTICLE 16 ARBITRATION In the event that the parties are unable to resolve any dispute pursuant to Article 15, either Party may by means of written notice ("Arbitration Notice") to the other to require any such dispute to be settled by means of arbitration. In 6835026v7 147 -20 - the event that a Party elects to resolve such dispute by arbitration, the following provisions will apply: (1) The Arbitration Notice will contain a concise description of the matters submitted for arbitration and propose a single arbitrator. (2) The single arbitrator will be appointed by mutual agreement of the parties or, if they do not agree within ten (10) Business Days following the delivery of the Arbitration Notice, the arbitration will be heard by a panel of three arbitrators, with each Party naming a nominee to act as arbitrator and the two nominees selecting a third (or if the two nominees fail to agree on the third arbitrator within three (3) Business Days following their appointment, the third arbitrator will be appointed by the American Arbitration Association, acting solely as an appointing authority). (3) The arbitrator(s) will be qualified by training and education to rule upon the particular matters to be decided in the arbitration. (4) The arbitrator or arbitrators will determine the procedure for the arbitration. The procedure will include at least one opportunity for written submissions by or on behalf of each of the parties, and may include proceedings by way of exchange of oral argument, hearings with or without witnesses and such other procedures as the arbitrator or arbitrators deem appropriate. The arbitrator or arbitrators will have no power to amend the provisions of this Agreement. (5) The parties agree that time is of the essence in the conduct of the arbitration proceedings and the parties and the arbitrator or arbitrators will conduct the arbitration in an expeditious manner, unless the subject matter of the Dispute requires otherwise. The hearing will take place no more than forty-five (45) days after the appointment of the arbitrator or arbitrator, and the arbitration decision will be rendered by the arbitrator or arbitrators no later than thirty (30) days after the end of the hearing. (6) The arbitration will be take place in Anchorage, Alaska and the language of the arbitration shall be English. (7) The arbitration award will deal with the costs of the arbitration, which may include the arbitrators' fees and expenses, the provision of a reporter and transcripts, reasonable legal fees and reasonable costs of preparations, as appropriate. The arbitrator or arbitrators may also award the payment of interest on any award amount at a rate determined in the sole discretion of the arbitrator or arbitrators. (8) The arbitration award will be non-binding and will be subject to appeal by either Party. (9) The Parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) will not be disclosed beyond the arbitrator or arbitrators, the parties, their counsel and any Person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise or as may be required by applicable Law. 6835026v7 148 -21 - (10) Nothing in this Section will be interpreted to prevent a Party from instituting legal proceedings at any time in its sole discretion. ARTICLE 17 NOTICES Section 17.1 Notices. All notices, authorizations, and requests in connection with this Agreement shall be deemed given on the day they are (i) deposited in the mails, postage prepaid, certified or registered, return receipt requested; or (ii) sent by air express courier (e.g., DHL, Federal Express or Airborne), charges prepaid; and addressed to the other Party at the address stated in the preamble hereto or any other such address as such Party has designated in writing; or (iii) delivered by hand. ARTICLE 18 MISCELLANEOUS Section 18.1 Assignment. (1) This Agreement may not be assigned, transferred or encumbered by the Parties hereto in any way, by operation of law or otherwise, nor may either Party delegate any of its duties under this Agreement (except as expressly permitted by this Agreement), without the prior written consent of the other Party, which shall not be unreasonably withheld. (2) Notwithstanding the foregoing, either Party may assign this Agreement and its rights and obligations hereunder to an entity that controls, or is controlled by, or is under the common control of such Party, or in connection with any merger, acquisition, divestiture or other corporate reorganization of such Party; provided, however, that Client may not so assign this Agreement or any portion thereof to (i) any competitor of Supplier, or (ii) any entity as to which Supplier has not given prior written approval based on the financial soundness of such entity (which approval shall not be unreasonably withheld). The Services are provided solely for the benefit of Client. Unless specifically permitted by Supplier in writing, the Services and the software and materials provided hereunder may not be transferred or sold by Client to any third-party. This Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their permitted successors in interest and permitted assigns. Any purported transfer, assignment, encumbrance or delegation in contradiction of this paragraph shall be null and void and of no force or effect. Section 18.2 Applicable Law. This Agreement shall be governed by the laws of the State of Alaska (without regard to its conflict of laws principles). The parties hereby consent to the exclusive jurisdiction and venue in the Third Judicial District of Alaska. Any action of any kind by any party against another Party arising as a result of this Agreement must be commenced within one (1) year from the date the right, claim, demand, or cause of action shall first accrue. 6835026v7 149 -22- Section 18.3 Entire Agreement. This Agreement and the Statements of Work constitute the entire agreement between Supplier and Client, and merge all prior and contemporaneous communications, with respect to the Services provided hereunder. The terms on any purchase order or other form submitted by Client shall not apply to this Agreement or any of the Services. This Agreement can be modified only by later written agreement (other than a Statement of Work) signed by both Supplier and Client. Section 18.4 Severability/Waiver. If a court holds that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of this Agreement shall be a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. Section 18.5 Independent Contractor. Each Party shall act at all times as an independent contractor, and shall be responsible for any and all social security, unemployment, workers' compensation and other withholding taxes for any and all of its employees. Neither Party shall have the authority to enter into any commitments on behalf of or otherwise bind the other Party. Section 18.6 No Recruitment. For the term of this Agreement, and for one (1) year following any termination or expiration hereof, Client shall not solicit the employment or engagement of any employee or agent of Supplier the other Party or induce or encourage any such employee or agent to leave their engagement or employment with Supplier. For the avoidance of doubt, neither Party is prohibited from employing an individual who approaches it about employment opportunities or who applies for a position in response to a posting, employment advertisement or other general solicitation of employment. Section 18.7 Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations hereunder (other than a Party's obligation to pay) if and to the extent such default or delay is caused, directly or indirectly, by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; strikes, lockouts, or labor difficulties; any failure in equipment; unavailability of parts; or any other similar cause beyond the reasonable control of such Party. Any Party so delayed in its performance shall promptly notify the other by telephone, confirm in writing, and describe at a reasonable level of detail the circumstances causing such delay. Section 18.8 Cooperation. The Parties acknowledge that successful completion of the Services shall require their full and mutual good faith cooperation. Where agreement, approval, acceptance, consent or similar action by either Party is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. 6835026v7 150 -23 - Section 18.9 Publicity. With Client's prior consent, Supplier may use Client's name and logo (in the form provided or made available to Supplier) in the Supplier client list, in media releases, public announcements and public disclosures, including promotional or marketing materials, customer lists, and business presentations and Client will act as a reference to prospective Supplier customers. Except as expressly provided herein, neither Party shall use the name or any trademark, trade name, service mark, logo or other mark of the other Party, its parent, subsidiaries or affiliates, or issue any press release or other public announcement relating to the other Party or this Agreement, without the other Party's prior written approval in each instance. Section 18.10 Third-Party Beneficiaries. Except as expressly specified in this Agreement, the parties do not intend, nor shall any clause be interpreted to create in any third-party, any obligations to, or right or benefit by, such third-party under this Agreement from either Supplier or Client. 6835026v7 151 -24- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date just above written. City of Seward, Alaska By: Name: Title: UTIL-ASSIST INC. By: Name: Sabina Fjodorova Title: Chief Operating Officer (COO) 6835026v7 152 SCHEDULE A FORM OF STATEMENT OF WORK Util-Assist Managed Services MSA A- 1 153 SCHEDULE B INSURANCE COVERAGE (a) comprehensive commercial general liability insurance with a limit of thirty million dollars ($30,000,000) per occurrence for bodily injury, including death, property damage liability, personal injury (including invasion of privacy, libel, slander or discrimination), contractual liability and products and completed operations liability; (b) suitable comprehensive professional liability insurance with a limit of not less than ten million dollars ($10,000,000) per occurrence covering liability for financial loss suffered by Client due to any error, omission or negligence of Supplier, its employees, directors, officers, agents or subcontractors (including Subcontractors) in the performance of the Services; (c) cyber liability coverage (as part of professional liability insurance coverage) with a limit of loss of up to ten million dollars ($10,000,000) per occurrence; (d) crime shield insurance to include Supplier and its employees involved in the operation of the business or the provision of the Services and Deliverables in an amount not less than five million Dollars ($5,000,000); (e) commercial automobile liability insurance for owned, hired and non-owned motor vehicles with a limit of loss of up to twenty million dollars ($20,000,000) per occurrence;and (f) property insurance with a coverage limit of thirty million dollars ($30,000,000). Util-Assist Managed Services MSA B - 1 154 • swir- Resolution 2023-055: A Resolution Of The City Council Of The City Of Seward, Adopting The 2023, 2024, And 2025 City Of Seward Pay Plans Documents: • Agenda Statement • Resolution 2023-055 • City of Seward Pay Plan 155 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Subject: Resolution 2023-055:Adopting the 2023 and 2024 City of Seward Pay Plans Background and justification: Seward City Code 3.15.020(B) states,"The City Council shall, by separate resolution, approve the pay plan at the time the operating budget is approved." The attached Pay Plans were approved by the City Council at the time the SPEA contract was approved. The city council adopted the 2023/2024 budget which included a 2.5% COLA and a 2.5% step increase for all employees in 2023. The City Council further adopted and appropriated a 1.5% COLA and a 2.5% step increase for all employees in 2024. While technically, the Pay Plans could be considered adopted, to ensure transparency and adherence to the Seward City Code, this separate resolution is brought before the council for adoption. The city manager considered restructuring the entire pay plan by removing grade 1 and moving all positions and grades down a grade on the pay plan. Also considered was applying the same percentage increase between grades 4 and 5. Currently the percentage increase between grades 4 and 5 is just over 4%. This would result in one consolidated pay plan using normal grade rules — grades 1 through 9, 10% and grades 10-13, 7.5%. The city manager requested MC Pehle, CPA, Carmen Jackson, CPA run the scenario and identify the budgetary impact. This is the identified impact: • Employees currently in Grade 1 receives a decent increase of around 10%, as intended. • Employees currently in Grades 2-4 receive no increase. • Employees currently in Grades 5-9 receive around a 5.75% increase due to the jump between grades 4 and 5. • Employees currently in Grades 10-13 receive around a 7% increase with the additional jump between 9 and 10. "I ran the numbers on a couple of payroll runs and for the year it looks like it would be around a $400K-$500K salary impact with an additional $150K or so in benefits." Due to the large impact on the budget, the complete pay plan restructure is not moving forward at this time. However, longevity steps have been added to the plan. The addition of the steps is intended to provide an opportunity for increases for those employees who are"maxed out"at Step P. 156 The longevity steps parameters are: • When an employee reaches the longevity steps of their assigned pay level, the employee shall remain at each step for two (or more) years. • When the employee completes two (or more) years at each step, the employee moves to the next step, provided the employee received an overall rating of"satisfactory"or higher on the employee's performance evaluation and worked continuously as a regular or part- time employee. • Employees in longevity are prohibited from skipping steps and must remain at each step as indicated. Each step provides a 2% increase,with the overall budgetary impact being approximately$12,000 in 2023, which will be absorbed by the current budget. In 2024, the approximate impact will be $15,000,which will also be absorbed by the budget.The budget impact will continue to compound and there will start to be a larger impact as employees move into longevity, however, the value of retaining long-term employees outweighs the financial impact. 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 legislation: $ 12,000 (approximate in 2023) 15,000 (approximate in 2024) This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 12,000 (approximate in 2023) 15,000 (approximate in 2024) Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): ✓ Budgeted Line item(s): All salary accounts Not budgeted Not applicable Fund Balance Information Affected Fund (✓): ✓ General ✓ SMIC Electric Wastewater Boat Harbor Parking 11q/ ✓Water Healthcare Motor Pool Other Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ N/A Finance Director Signature: 157 Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation ✓ Approve Res. Other: 158 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-055 A Resolution of the City Council of the City of Seward,Alaska,Adopting the 2023 and 2024 Pay Plans WHEREAS, Seward City Code 3.15.020 B requires the city council to approve, by separate resolution, the pay plan at the time the operating budget is approved; and WHEREAS, the attached Pay Plans were approved by the city council at the time the SPEA contract was approved; and WHEREAS, the city council adopted the 2023/2024 budget which included a 2.5% COLA and a 2.5% step increase for all employees in 2023; and WHEREAS, the city council further adopted and appropriated a 1.5% COLA and a 2.5% step increase for all employees in 2024; and WHEREAS, while technically, the Pay Plans could be considered adopted, to ensure transparency and adherence to the Seward City Code,this separate resolution is brought before the council for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council adopts the attached Pay Plans, including the addition of the Longevity Steps. Section 2. This resolution is retroactive to the date the council adopted the 2023/2024 budget — December 12, 2022. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor 159 2023 City of Seward Pay Plan Hourly Rate Administrative and Technical-2.51� (A-P),10%between each grade(1-4),45%range spread from minimum to madmum Gratle Position Steps Longevity Steps A e C D G H J K L M N 0 P 1 2 3 4 5 6 2 Seasonal Maintenance.Part-time Aitles.Campgrountl ABentlants- 1 Seasonal.GaNeners.Parking Lot Attendant Program Aides-Seasonal 1602 1612 1683 1125 1168 1813 1858 1905 1953 2002 2052 2103 2156 2210 2265 2322 23.68 24.16 2464 25.13 25.64 26.15 2161 2 JS.a son aI Park Maintenance 1 17621 1806 18511 18981 19451 19941 20441 20951 21481 22021 22571 23 141 23721 24311 24921 2554 26 051 26.57 27.10 27.65 28.20 28.]6 29.34 3 Building Maintenance Custodian.Recreation Assistant 1138 1986 2036 2081 2140 2193 2248 2305 2363 2422 2483 2545 2609 2674 2�41 2810 2866 29.24 29.82 30421 31 MI 31.65 3228 Executive AssistenL Giry Manager's Office Gily Gerk's Office.Electric.Fire, 4 Harbor,Parks 8 Recr.. ,Public Works,Library Museum Technician 21.32 21.81 22.40 22.96 23.54 24.13 24.13 25.35 25.99 2664 21.31 21.99 28.10 29.42 1:15 30.91 31.52 3215 3280 33.45 34.12 34.81 35.50 2 YRS 4 YRS 6 YRS 1 8 YRS 10 YRS 12 YRS 14 YRS Supewisors and Advanced Technical-2.59/6 between each step(A-P),10%between each grade(5-9),45%range spread from minimum to ma)dmum Gratle Position Sops Longevity Steps A e C 0 E F G H J K L M N 0 P 1 2 3 4 5 6 2 Accounting Technician I I,Accounting Tahnician Payroll,Accounting 5 Tahnician lvcounts Payable Accwnting Technician Utility,Animal Control 2218 2213 23.30 21.9 24.4P 25.10 2513 M11 2104 2111 2841 2912 29.85 30.60 31.31 3215 32.19 33.45 34.12 34.80 35.50 3621 M.- Assistant,Campgrountl Coortlinator DMV Gerk,Parks Maintenance Technician.Program Coortlinator Accounting Technician IL Assistant to the Chief of Pte.Corrections 6 Officer,Curator,Dispatcher,Office Manager-Harbor Operator in Trainin g 24.39 25.00 25.63 2621 26.93 21.61 2830 29..1 29.14 30.48 31.25 32.03 32.84 33.66 -1. 3137 36.0] 36.]9 37.53 38.28 39.05 39.83 M.- Waterantl Wastewater Animal Control Supervisor,Assistant Library 8 Museum Director, 1 Correctional Sergeant,Deputy 11,Gerk,Di.paMSupervisor, 2683 2151 2820 M8. 2M3 3.31 31.13 31.91 32.11 3313 3431 3124 3612 37.3 3795 3891 39.69 40.48 41.29 4212 4296 43.82 44.]0 FirefighterlEMT,Harbor Worker II,Maintenance Mechanic Operator, WaterANastewater Operator GI S Technician,Harbor Worker II,IT Technician,Parks 8 Recreation 8 Deputy Director,Patrol Officer,Senior Account,n,Z p Foreman,Street 2952 3026 3101 31.19 32.59 3341 3425 3110 3598 3689 3181 3816 3913 4013 41.15 4280 4366 44.53 45.42 46.33 4].25 4820 49A6 Foreman,WaterM t-ter Foreman,WaterlWastewater Operator 9 8uildi.g1FireInspector.Building Official Senior IT T.,h, 1 32471 33281 34 121 34971 35851 36751 31.67 3861 3958 4058 4159 4264 4371 4480 4593 41.08 48.02 48.98 49.% 50.% 51.98 53.02 54.W 2 MS I 4 MS 6 MS 1 8 MS 1 10 MS 1 12 MS 1 14 YRS Directors and Senior Managers-2.59/6 between each step(A-P),7.5%between each grade(10-13),459/6 range spread from minimum to mmimum Gratle Position S4 Ps Longevity Steps A e C D E F G H 1 J K L M N d 1 2 3 4 5 6 2 10 Human R esources Manager.Patrol Sergeant 3450 3536 3625 3716 3809 3904 4002 4103 4206 4311 4419 453 46644 4�60 51.02 52.04 53.08 54.14 55.23 56.33 5.46 Deputy Harbormaster.Perks 8 Recreation Director.Library 8 Museum 11 Director,Operations S PP"'Is a.Planner 3108 3801 389] 3994 4094 4191 4102 4410 4121 4614 4151 4810 4992 111] 121451 54.85 55.94 5.06 58.20 59.3] -55 61.]6 Community Development Director,Deputy Fire Chief,D"ty Finance 12 Director,Deputy Chief of Police Public Works Director,Electric General 39.86 40.86 41.89 42.94 44.01 4512 4625 41.41 48.60 4982 51.01 52.35 53.66 11.1 58.96 60.14 61.34 625] 63.82 65.10 61- Manager,Harbormaster,IT Director 3 Assistant Ciry Manager,Chf of Police Fre Chief,Fnan ce Director 4285 4393 4503 461fi 4732 48.50 4912 50.91 5225 53.56 54.90 56.28 5769 5913 63.38 64.65 65.94 6].26 6B.61 69.98 ]1.38 2 YRS 4 YRS 6 YRS 8 YRS 10 YRS 12 YRS 14 YRS Longevity Steps •When an employee reaches the Iongevdy steps of their.-g..d pay level,the employee shall remain at each step for two(or more)years. •When the em ployee completes two(or more)years at each step,the em ployee m Dues to the next step,pr d.d the employee receivetl an overall rating of"satisfactory"or higher on theem ployee's performance ev aluation antl worketl conb.-lyasaregular fu lltime orpartaime employee. •Employees in longevity are p,.hibdt fmm skipping steps antl must remain at each step as.d-tetl. 160 2024 City of Seward Pay Plan Hourly Rate Gratle Position Steps Longevity Steps A I B C D E F G H J K L M N 0 P 1 2 3 4 5 6 2 Seasonal Maintenance.Part time Alder Gampgreund Attendants- 1 Seasonal,Gardeners,Perking Lot Attendant,Program AHes-Seasonal 1fl26 1fl8] 1109 1151 1195 1840 188] 1934 1982 2032 2083 2135 2189 2244 2300 2358 24.05 24.53 2i02 254 26.03 26.55 27.OB 2 jSwsonal Park M-t.... 1 17.89 18331 18791 1927 19751 20241 20751 21 271 21 811 22351 22911 23491 24081 24681 25301 25.93 26.451 26MI 27.52 2B.0] 2B.63 2921 2939 3 BulHing Maintenance Custodian,Recreation Assistant 1961 2016 2061 21.19 21.12 22.26 22.82 2339 2398 2458 2520 2583 2648 2714 2182 2852 29.09 29.67 30.27 30.8] 31.49 3212 32]6 Executive Assistant:Ciry Manager's Office,Cily Gerk's OBce,Electric,Fre, q Harbor,ParksB Recreation,Public Works Library Museum Technician 2164 2218 22.14 2331 2389 2449 2511 2514 2638 2104 2112 2842 2913 2986 3061 31.38 3201 3265 33.30 33.96 34.64 35. 36.04 2 YRS 4 YRS 6 YRS 1 8 MS 1 10 MS 1 12 MS 14 MS Supervisom and Admnmd Technical-2.51/6 between each step(A-P),10%between each grade(5-9),45%range spread from minimum to mat JG�d. Position Steps LoA B C D E F G H J K L M N 0 P 2 3 4 5 6 2 A.-ti.N Technician II,AccountingTahncian Payroll,AccountiigTmhnician Accounts Payable,Accounting Technician Utility,AnimalC M,d 2211 2301 2365 2425 2485 2548 2612 2611 2144 2813 2884 2956 3030 31.06 31.84 32.64 33.29 33.96 34.64 35.33 36.04 36.]6 3].49 Assistant,Campground Coordinator,DMV Gerk,Parks Maintenance Technician.Program Coordinator Accounting Technician IL Assistant to the Chief of Poice.Conections 6 Officer,GumterDispatcher,Office Manager-Harbor,Operator in Training 2476 2138 2602 2667 2�34 2802 28]3 2945 W19 W0 4 31]2 3252 1111 341] 35.02 11- 36.62 3].35 3810 38.86 3964 40.11 4L- Waterand Wastervater Animal Control Supervisor,Assistant Library 8 Museum Director, ] Correctional Sergeant.Deputy 11,Gerk,Dispatch Supervisor, 2]23 2].91 28.61 29.33 30.0] 30.82 31.59 32.39 3320 34.03 34.88 35.]6 33 66 3].5] 38.12 39.48 4027 41.08 41.90 Q.- 43.59 44.46 45.35 FirefighterlEMT,Harbor Worker II,Maintenance Mechanic Operator, WaterANastewater Operator GI S Technician,Harbor W orker III,IT Technician,Parks 8 Recreation 8 Deputy Director,Patrol Officer,Senior Accod.d,Shop Foreman,Street 29M 3011 31.48 3221 3308 3391 3416 3563 3653 3144 3838 3934 4033 41.34 42.38 43.44 44.31 45.20 46.10 4].02 4].96 48.92 41- Foreman,WaterM t-ter Foreman,WaterlWastewater Operates g Building/Fire Inspector.Building Official Senior IT Technician 32951 3378 34621 35491 36381 37291 38231 39 191 4017 41 181 42211 4327 44361 45471 48.73 49.71 50.70 51.72 52.75 53.81 54.88 2WS 4WS 1 6WS 1 8WS 1 10 WS 1 12 WS 14 YRS Directom and Senior Managem-2.51/6��ch step(A-P),7.5%between each grade(10-11),451/6 range spread from minimumto me'"mum Gratle Position Steps Longevity Steps A B C 0 E F G H 1 J K L M N 0 P 1 2 3 4 5 6 2 1g Human Resources Manager.Patrol Sergeant 35.01 35.89 3679 3].]1 38.66 39.63 40.62 41.64 42.68 4315 44.85 45.98 4113 L31 49.52 50.]6 51.]8 5282 53.8] 54A5 56.05 5].1] 5B.31 Deputy Harbormaster,Parks 8 Retreat.,Director,Library 8 Museum 11 Director,Operations Supervisor,Ranner 3164 38.58 3955 4054 41.56 4260 43.fi] 44.]] 45.89 4104 48.22 49.43 5031 51.94 53.24 14.58 55.6] 56.]B 5].92 59.08 6026 61.46 Q. Community Development Director.Deputy Fire Chief.Deputy Finance 12 Director.Deputy Chiefol Police.Public Works Directer.Electdc General 4046 414] 4251 4358 44 11�6] 45]9 4694 4812 4933 5056 5183 5313 544] 5583 5723 586] 59.84 61.04 12.26 13.50 64.77 66.0] 6].39 Manager.Harbonmaster,IT Director 13 Assistant Ciry Manager.Chief of Police Fire Chief.Finance Director 4350 4459 4571 4686 4803 4924 5047 5174 5303 5436 5573 5712 5856 6003 6153 63.0] 64.34 65.62 66.94 68.2] 6964 71.03 72.45 2. 6Y S SMS 10Y 12. M. Longevity Steps •When an employee reaches the Iongevdy steps of their assiI pay Ieve1,the employee shall remain at each step for two(or more)years. •When the era ployee completes two(or m ore)years at each step,the era ployee m Dues to the next step,provided the employee receivetl an overall rating of"satisfad.W'or higher on the era ployee's pertorm ante evaluation antl worked continously as a regular fu lltime or part4ime employee. •Employees in longevity are prohibited fmm skipping steps antl must remain at each step as indicated. 161 2025 City of Seward Pay Plan Hourly Rate Gratle Position Steps Longevity Steps A B C 0 E F G H I J K L M N 0 P 1 2 3 4 51 ] Seasonal Maintenance_Fart-time Aides.Campground Attendants- 1 Seasonal.Oae-"Parking Lot Attendant Program Aides-Seasonal 1650 1691 1�34 1T11 1022 1068 1914 1952 2012 2062 2�14 2�61 2221 2211 2111 21K 24.40 24.89 25.39 25.90 26.42 26.94 2.48 2 ISeasonal Park Maintenance 1015 1-8-6-17 19071 19551 20041 20541 21 061 21 591 22 131 22681 23251 23831 24431 25051 2561 2632 26 84j 27 381 2.93 28.49 29.06 2964 30.23 3 Building Maintenance Custodian,Recreation Assistant 1996 2046 2091 2150 2244 2259 2316 2314 2433 2494 2551 2621 2681 2754 2823 2894 29.52 30.11 30.71 31331 31951 32591 33.25 Executive Assistant ciry Manager's Office Gily Clerk's Office.Electric.Fire, 4 Harbor,Parks 8 Recreation,Public Works,Library Museum Technician 21.96 2251 23.08 23.35 2425 24.86 25.48 2fi.12 2fi.11 2144 28.13 28.84 29.56 30.30 31.06 31.84 32.48 33.13 33.]9 34.4] 35.16 3186 36.58 2 WtS 4 WtS 6 WtS 8 MS 10 1RS 12 WtS 14 nS SUP_i_and Advanced Technical-2.5%between each step(A-P),10%between each grade(5-9),45%range spread from mini Gratle Position Steps Longevity Steps A e C 0 E F G H 1 J K L M IN 0 P 1 2 3 4 5 6 ] Accountirg Technician I I,Accounting Technician Payroll,Accountirg 5 Technician Accounts Payable,Accounting Technician Utility,Animal Control 22 hl 21 t2 2401 2461 2123 2586 2651 2118 2186 2856 2121 3001 3076 31.53 32.32 33.13 33.80 34.47 35.16 35.86 36.58 37.31 38.06 Assistant,Campground Coortlinator,DMV Clerk,Parks Maintenance Technician,Program Coortlinator Accounting Technician I11,Assistant io the Chief of Pdice.Corrections 6 Officer.Curator.Dispatcher,Office Manager-Harbor.Operatorin Trainin g 25.13 25.]6 2641 21.01 21.15 28.44 29.16 29.89 30.64 31.41 32.19 33.00 33.83 34.68 3111 36.44 3].1] 37.91 38.67 39.44 40.23 41.04 41-M Water and Wastewater Animal Control Supervisor.Assistant Library 8 Museum Director. Correctional Sergeant Depury GRy Clenc,Dispatch SL p.,,sor. 1 Firefighter/EMT,Harbor Worker 11,Maintenance Mechanic Operator, 21.64 2833 2904 29.1] M12 31.28 320] 3287 33.10 3454 35.41 3630 31.21 3814 I 3910 40.08 g0.68 41.]0 42.11 43.38 44.25 45.13 46.04 WaterANastewater Operator GI S Technician,Harbor W orker III,IT Technician,Parks 8 Recreation 8 Deputy Director,Patrol Officer,Senior A..nent,Shop Fore map Sheet 3041 31.11 31.95 32.16 33lh 3442 35.28 3611 3101 3800 3896 3993 4094 41.96 4302 4409 44.98 45.88 46.]9 4].]3 48.68 49.66 50.65 Foreman,Wat.Mastewater Foreman,Water/Wastewater Operates 9 Building/Fire Inspector Buiding Official,Senior IT Technician 33.45 34.29 35.15 36.03 36.93 31.8G 38.81 3918 40.18 41.80 42.85 43.93 45.03 4616 41.32 48.50 49.4] 50.46 51.41 52.50 53.55 54.62 11.11 2 MS 4 MS 6 MS 1 8 MS 1 10 MS 1 12 M 14 YRS Directom and Senior Managers-2.5%between each step(A-P),7.5%between each grade(10-11),45%range spread from minimum to mal M Gratle Position Steps Longevity Steps A B C D E F G H I J K L M N T11 ] igHuman Resources Manager,Patrol Sergeant 3554 3643 3135 3328 3924 4023 41.23 4227 4333 4442 4553 4667 4184 4904 % 53.61 54.69 55.]B 56.90 58.03 59.20 Depury Harbormaster Parks 8 Recreation Director,Library 8 Museum11DirctorOperatiSupervisorBanner 3820 3916 40.14 41.15 42.18 4324 4432 4543 -51 4114 48.94 50.16 51.42 521150 5].63 5B.]B 59.96 51.15 52.38 el.- Community Development Director Depury Fire Chef.Deputy Finance12 Director Deputy ChiefoPace.Public Works Director Electnc General 1.W1 4210 43.16 44.24 45 Ij�35 4649 41.65 1885 50W1 5133 1261 1393 55.29 5661 .]4 61.96 63.20 64Manager Harbormaster IT Director 13 Assistant City Manager Chief of Police Fire Chief.Finance Director 4415 4526 4639 4756 4015 499] 51.22 5251 5383 5518 5656 5798 5943 6092 .30 66.60 6].94 69.29 ]0.68 ]2.09 73.54 2 MS 4 MS 6 WtS 8 WtS 10 WtS 12 WtS 14 MS Longevity Steps •When an employee reaches the longevdy steps of their assil pay level,the employee shall remain at each step for two(or...)ye- When . • the an, play-completes two(or more)years at each Men,the em play-m Dues to the next step,p-ded the employee reeeivetl an overall rating of"satisfactory"or higher on the an,ployee's performance evaluation and worketl continouslyas a regular folltime or pl,n4 eemployee. •Employees in longevity are prohibitetl fmm skipping steps and must remain at each step as intlicatetl. 162 • swir- Resolution 2023-056: Approving An Employment Agreement Between The City Of Seward And Kris Peck For City Clerk Services Documents: • Agenda Statement • Resolution 2023-056 • Employment Agreement 163 City Council Agenda Statement a Meeting Date: May 8, 2023 t! To: City Council From: Sue McClure, Mayor Subject: Resolution 2023-056: Approving an Employment Agreement Between the City of Seward and Kris Peck for City Clerk Services Background and justification: On March 15, 2023, City Clerk Brenda Ballou gave her resignation with a final date of May 22, 2023. The city clerk position was listed in-house for five days for any internal candidates with Kris Peck being the only internal candidate. A special meeting was scheduled for April 6, 2023, to review his application. After the special meeting was held, the City Council made a motion to hire Kris Peck based on successful salary and contract negotiations. Salary and contract negotiations are completed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.3 Improve quality of City Governmental Services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 75,000 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 (✓): x Budgeted Line item(s): City Clerk Personnel Budget Not budgeted Not applicable Fund Balance Information Affected Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other 164 Note: amounts are unaudited Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ 5,860,108 Available Unrestricted Cash Balance: $ 8,526,929 Finance Director Signature: Attorney Review x Yes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 165 Sponsored by: McClure CITY OF SEWARD,ALASKA RESOLUTION 2023-056 A Resolution of the City Council of the City of Seward,Alaska,Approving an Employment Agreement Between the City of Seward and Kris Peck for City Clerk Services WHEREAS, City Clerk Brenda Ballou gave her resignation on March 15, 2023, with a final date of May 22, 2023; and WHEREAS, the city clerk position was listed in-house for five days for any internal candidates; and WHEREAS, Kris Peck was the only internal candidate and a meeting was scheduled to review his application; and WHEREAS, after a special meeting was held on April 6, 2023, the City Council made a motion to hire Kris Peck based on successful salary and contract negotiations; and WHEREAS, salary and contract negotiations are completed. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the contract between the City of Seward and Kris Peck in substantial form as attached hereto. Section 2. The official date of hire for Kris Peck is May 23, 2023. Section 3. Funding for this contract shall come from the City Clerk budget. Section 4. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the Cit of Seward, Alaska, this 8th day of May, 2023. 166 lb CITY CLERK EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), effective as of May 23, 2023, ("Effective Date"), is between the City of Seward, Alaska ("City") and Kris Peck ("City Clerk"). This agreement shall continue indefinitely under the following terms: 1. The City acknowledges that City Clerk is committed to the ideals of the International Institute of Municipal Clerks ("IIMC"), and both parties mutually desire that City Clerk be subject to and comply with the IIMC Code of Ethics. The City agrees that no member of City Council or any employee of the City may give any order, direction, or make any request that would require the City Clerk to violate the IIMC Code of Ethics. 2. Professional growth and continuing education and obtaining and maintaining clerk certifications through training and education, is allowed and encouraged for City Clerk and the staff of the clerk's office. 3. City Clerk is encouraged to participate in community and civic affairs. 4. Travel by the City Clerk shall be in accordance with City Code 3.60.025. Reimbursement for expenditures on behalf of the City shall not be paid unless reimbursement is sought in accordance with standard City procedures, including receipts, and supporting material. 5. City Clerk shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. City Clerk shall be covered by the standard City health insurance and retirement plans. 6. The provisions of Title 3 of the Seward City Code shall not apply to this agreement with the following exceptions, which may be amended from time to time in the city code: A. 3.15.085. Longevity Bonus. B. 3.15.090. Retirement. C. 3.15.095. Insurance and medical benefits. D. 3.35. Employee Development. City Clerk will have collateral responsibility for employee development within the City Clerk Department. E. 3.45. Annual Leave. The City Council will administer Annual Leave policy for the City Clerk. This includes FMLA (3.45.095) and bereavement leave (3.45.040 f). F. 3.50. Holidays. G. 3.60. Special Provisions. H. 3.70. Standards Relating to Drugs and Alcohol. I. 3.75. Standards Relating to Employee Conduct. J. 3.80. Worker's Compensation. Seward City Clerk Employment Contract Page 1 of 3 167 �6 7. Because of the peculiar nature of the City Clerk position, it is agreed that the City's business can only succeed if the City Clerk and the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It may, therefore, be impossible to quantify "poor performance" or "just cause" for termination given these complexities which often involve personality factors as opposed to legal or contractual factors. It is therefore the intent of both the City and City Clerk, to provide for termination by either the City or City Clerk without resort to any determination of cause or any necessary explanation by the City. Accordingly, this agreement may be terminated as follows: A. By City Clerk, for any reason or no stated reason, upon giving sixty (60) days written notice to the City. Upon receipt of notice, the City may immediately terminate the relationship, or may require City Clerk to continue for a period not to exceed sixty(60) days at their regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within fourteen (14) days of the receipt of notice, and the City's failure to make an election shall be deemed as election to terminate the relationship sixty (60) days from the date of receipt of the notice. If the relationship is so terminated, the City shall not be responsible for any severance or termination pay, and City Clerk shall be entitled to any annual leave balance to the date of termination. B. By the City Council for any reason or no stated reason upon giving written notice to City Clerk. The City Council may, at its option, terminate the relationship immediately and provide City Clerk with ninety (90) days' pay in lieu of notice, or the City Council may require City Clerk to continue service at their regular rate of pay for a period of sixty (90) days. City Clerk shall be entitled to their annual leave balance at the date of termination. C. If the City Clerk retires from full-time public service with the City, City Clerk will provide six (6) months' notice, and the actual retirement date will be mutually established. D. The City shall defend, indemnify, and hold the City Clerk harmless for claims against City Clerk for acts or omissions resulting from her employment by the City and within the scope of the duties as City Clerk pursuant to Chapter 2.35 of the Seward City Code. 8. The City Council shall provide the City Clerk with an Initial Evaluation, 180 calendar days from the date of hire, to re-evaluate the City Clerk's goals and provide supportive direction. Following this Initial Evaluation, the City Clerk's evaluation will fall in line with the regular schedule as outlined in the City Council Rules of Procedure, Rule 16. 9. City Clerk shall be paid at the rate of $75,000.00 per year. The City Council agrees to review the City Clerk's performance and contract annually and may consider a salary increase or other amendment(s) to this contract upon favorable review. Seward City Clerk Employment Contract Page 2 of 3 168 6 contract annually and may consider a salary increase or other amendment(s) to this contract upon favorable review. This agreement is the entire agreement and wherever approval of the City is required, it is understood that such approval will be by the City Council of the City of Seward. This agreement supersedes any previous agreement and may be modified only in writing signed by each of the parties. This agreement will be interpreted and enforced in Alaska in accordance with the laws of the State of Alaska and is subject to all applicable Charter and ordinance provisions of the City of Seward. CITY OF SEWARD CITY CLERK Sue McClure, Mayor Kris Peck CITY OF SEWARD ATTEST: Janette Bower, City Manager 169 • swir- Resolution 2023-057 A Resolution of the City Council of the City of Seward, Alaska, Clarifying intended uses for the ARPA Local Government Lost Revenue Relief Program (""LGLRRP") from the Alaska Department of Commerce, Community and Economic Development to Offset Significant Revenue Loss Due to the COVID-19 Public Health Emergency Documents: • Agenda Statement • Resolution 2023-057 • Local Government Relief Loss Calculation Tool • Resolution 2021-140 170 City Council Agenda Statement a Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: MC Pehle, Carmen Jackson CPA Sully Jusino, Deputy Finance Director Subject: Resolution 2023-057: Clarifying Intended Uses for the ARPA Local Government Lost Revenue Relief Program ("LGLRRP') from the Alaska Department of Commerce, Community and Economic Development to Offset Significant Revenue Loss Due to the COVID-19 Public Health Emergency Background and justification: The Alaska legislature appropriated $50 million from the State's American Rescue Plan Act(ARPA) COVID State and Local Fiscal Recovery funds toward a local government relief grant program to promote economic recovery and continuity of government services to local governments that experienced revenue loss due to COVID-19, to be administered by the State of Alaska Department of Commerce, Community and Economic Development, Division of Community and Regional Affairs. Seward has demonstrated a loss of revenue of $3,491,342 or 26.1% in 2020, and was awarded $1,806,416 in awards. Seward has previously approved resolution 2021-141 allocating these funds for water and sewer infrastructure projects. However, since that time the ability to use these funds on general utility and infrastructure projects of the city has been clarified. Projects that fall outside the category of water and sewer infrastructure have been identified as important to the City and have costs eligible under this grant. The City needs to report regularly on these grants, and in order to communicate effectively with the granting agency it is important to clarify Res. 2021-141 and identify additional uses of these grant funds moving forward. The approval of resolution 2023-XXX would clarify the City's intentions and allow for the City to spend and claim these grant funds on a shorter timeline. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and encourage future development Strategic Plan: Page 9 - Promote Residential and Commercial Development Inside the City Other: Certification of Funds Total amount of funds listed in this legislation: $ 1,806,416 This legislation (✓): ❑ Creates revenue in the amount of: $ 171 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 Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool x Other ARPA Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ n/a Available Unrestricted Cash Balance: $ n/a Finance Director Signature: Attorney Review RxYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 172 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-057 A Resolution of the City Council of the City of Seward, Alaska, Clarifying intended uses for the ARPA Local Government Lost Revenue Relief Program ("LGLRRP")from the Alaska Department of Commerce,Community and Economic Development to Offset Significant Revenue Loss Due to the COVID-19 Public Health Emergency WHEREAS,the State of Alaska appropriated $50 million from the State's American Rescue Plan Act(ARPA) COVID State and Local Recovery funds toward a local government relief grant program; and WHEREAS, the City of Seward is eligible to receive a portion of these funds based on 2020 revenue loss greater than the required 10%; and WHEREAS, the City of Seward had previous approved resolution 2021-141 identifying the need for investment in water and sewer infrastructure as the most appropriate use of these funds; and WHEREAS, the City has verified that these funds can be used for general infrastructure projects as well as water and sewer infrastructure; and WHEREAS, the City of Seward has identified general infrastructure and utility projects as an additional immediate need of these funds NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward clarified the intended use for LGLRRP funds to be used for the investment utility and related infrastructure in the City. Section 2. The City of Seward confirms the revenue and fund receipt totals discussed herein, and can confirm with supporting documentation. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. 173 Loss Calculation Tool ARPA-LGLR Relief program Local Government Relief Date of end of Actual average revenue Growth rate used in Loss Calculation Tool Fiscal Year growth FY16-19 calculation Dept.of Commerce,Community and Economic Development 11.4.21 31-Dec (CY) 1 5.09% 5.09% Jan. 1, 2020 - Dec. 31, 2020 FY 16 FY 19 Revenue General revenue (thousands) $ 10,975,785 $ 12,737,999 $ 9,894,830 Projected revenue $ 13,386,172.49 Dollar amount of lost revenue $ 3,491,342.49 Percentage of general If the number appearing in the revenue loss green"Percentage of general revenue loss"cell is less than 10 percent,the applicant is not eligible for the initial round of 26.1% funding. Go to cell C2 on the calculation tool For the Municipal For the period January 1,2020 through If the number in the green and use the drop down menu to Fiscal Years 2016 and December 31,2020 calculate the "Percentage of general revenue select the appropriate"Date of end 2019 calculate the qualifying municipal revenues and loss"cell is equal to or greater of Fiscal Year"--either 31-DEC(CY)if qualifying municipal enter in the orange highlighted cell of than that 10 percent,transfer the municipality budgets based on revenues and enter the spreadsheet. the"Dollar Amount of Lost the calendar year ending December in the yellow Revenue'number and 31,or 30-Jun(FY)If the budget year highlighted cells of "Percentage of General Revenue ends June 30. the spreadsheet. Loss"number to the appropriate line of the application. 174 i 'f CITY OF SEWARD,ALASKA Sponsored by: Bawer RESOLUTION 2021-1.40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING AMERICAN RESCUE PLAN ACT (ARPA) FEDERAL GRANT FUNDS IN THE AMOUNT OF $577,195 FOR THE ,j PURPOSE OF INVESTMENT IN WATER AND SEWER } INFRASTRUCTURE r WHEREAS,the Federal (Government appropriated funds to the State and Local Fiscal Recovery Fund (SLFRF) as part of the American Rescue Plan.Act (ARPA): and WHEREAS, the intent of this program is to provide support to State, territorial, local, and Tribal -overnments in responding to the economic and public health impacts of COVID- 19 and in their efforts to contain impacts on their communities, residents, and businesses; and WHEREAS,the State of Alaska received these funds and appropriated $577,195 as a pass-thru grant for the City of Seward; and WHEREAS, investment in water and sewer infrastructure is an eligible use of these funds as outlined by the U.S. Department o I't 11e Treasury; and WHEREAS, the City of Seward Water and Wastewater Funds have infrastructure needs as well as expansion opportunities; and WHEREAS, the grant funds will be split evenly between the Water and Wastewater Funds. NON1','I'tIEREFORE, BE IT RESOLVED BY THE CITY£='OL'NCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Funding in the amount of$288.597.50 is hereby accepted and recorded in J the Water Enterprise Fund its Federal Grant Re%cilue account no. 1 7 1 00-0000-592 1. Section 2. Funding in the amount of$288 597.50 is hereby accepted and recorded in �, Y the Wastewater Enterprise Fund as Federal Grant Revcnue account no. 18100-0000-5921. Section 3. This resolution shall take effect immediately upon adoption. I� PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 13`h 'I day of Decc.nibcr. 2021. III 14 175 ,f 1 CITY OF SEWARD, ALASKA RESOLUTION 2021-140 `I C SEL1'ARD ALASKA risty Ter Mayo AYES: Calhoon, Casagranda, DeMoss, Wells, McClure, Terry N O F S: None A R S E N F: Osenga ABSTAIN: None A"I TE:ST- - G"� /Z'�_ Brenda J. Ballou, MMC A LT t,� City Clerk (City Seal) r,'y�sSiYm,Vde9rr a • SEAL • rdammr.va.t e'zv I 176 City Council Agenda Statement Meeting Date: December 13, 2021 To: City Council Through: Janette Bower, City Manager From: Sam Hickok, Acting Finance Director Agenda Item: Resolution 2021-140: Accepting American Rescue Plan Act (ARPA) Federal Grant Funds in the Amount of $577,195 for the Purpose of Investment in Water and Sewer Infrastructure Background and justification: As part of the American Rescue Plan Act (ARPA), the Coronavirus State Fiscal Recovery Fund and the Local Fiscal Recovery Fund were established to provide support to State, local, and Tribal governments in responding to the impacts of COVID-19. The State of Alaska received these federal funds and appropriated $577,195 to the City of Seward. Of the eligible uses of these funds, Administration has identified investment in water and sewer infrastructure as the most appropriate use. The funds will be split evenly between the Water and Wastewater Enterprise Funds and placed in their own capital project funds. Once specific infrastructure projects have been identified, Administration will bring a resolution to Council for approval and appropriation. Consistency checklist: Comprehensive Plan: 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and encourage future development Strategic Plan: Page 9 - Promote Residential and Commercial Development Inside the City Other: N/A Fiscal note: Is this budgeted in the 2021 budget? ❑ Yes ✓❑ No Funds will be recorded as Federal Grant Revenue within the Water and Wastewater capital project funds and appropriated for future infrastructure projects once identified and approved by Council. Finance Department approval: �c Attorney Review✓: Yes ❑ Not applicable X❑ Recommendation City Council approve Resolution 2021-140. 177 • swir- Resolution 2023-058 A Resolution of the City Council of the City of Seward, Adopting Personnel Policy #2023-01 : Phone Use and Recording Policy Documents: • Agenda Statement • Resolution 2023-058 • Personnel Policy 2023-01 178 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Subject: Resolution 2023-058: Adopting Personnel Policy #2023-01: Phone Use and Recording Policy Background and justification: Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies and the city manager requests the city council adopt Personnel Policy #2023-01. Personnel Policy #2023-01 provides the parameters and restrictions concerning phone use and surreptitious recording the policy is applicable to all employees. 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 legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other 179 Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ n/a Finance Director Signature: Attorne ew ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation Approve Res. Other: 180 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-058 A Resolution of the City Council of the City of Seward, Alaska, Adopting Personnel Policy 42023-01: Phone Use and Recording Policy WHEREAS, Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies; and WHEREAS,the city manager requests the city council adopt Personnel Policy 42023- 01; and WHEREAS, Personnel Policy #2023-01 provides the parameters and restrictions concerning phone use and surreptitious recording; and WHEREAS,the policy is applicable to all employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council adopts Personnel Policy #2023-01 in its entirety. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 181 w M City of Seward Phone Use and Recording Policy Approved by City Council Resolution 2023-058 May 8, 2023 Personnel Policy #2023-01 Applicable to All Employees Phone Use and Recording Policy A. Phone use. 1. While at work, employees are expected to exercise discretion in using personal phones and smartphones. 2. Excessive personal calls or text messages or smartphone use during the workday can interfere with employee productivity and be distracting to others. 3. Employees are expected to make any personal calls and or text messages and personal use of smartphones during nonwork time when possible. B. Surreptitious recording with a phone or other audio or visual device is prohibited. 1. Surreptitious recording is defined as the video and/or audio recording, on any device, of clients, coworkers, other city employees, city manager, or city officials, without their knowledge, on or adjacent to the recorder's work time or the work time of the one being recorded. 2. Surreptitious recording is prohibited without the express prior written permission of the recording employee's supervisor, with violations subject to discipline up to or including dismissal for cause. 3. The sole exception to this prohibition is that employees who believe they have a legal right or a concerted activity right to surreptitiously record must notify, or have their legal or union representative notify, city management in advance of or concurrent with the start of any surreptitious recording. 4. Failure to do so will result in discipline or dismissal regardless of the eventual justification given for the surreptitious recording. 5. Video, photos, or audio recording in restrooms and/or locker rooms is strictly prohibited. 6. This policy does not prohibit employer-owned cameras from recording for business purposes. Personnel Policy #2023-01 May 8, 2023 Page 1 of 1 182 • swir- Resolution 2023-059 A Resolution of the City Council of the City of Seward, Adopting Personnel Policy #2023-02: Training Expense Policy Documents: • Agenda Statement • Resolution 2023-059 • Personnel Policy 2023-02 183 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Subject: Resolution 2023-059:Adopting Personnel Policy#2023-02: Training Expense Policy Background and justification: Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies. The city manager requests the city council adopt Personnel Policy #2023-02. Personnel Policy #2023-02 provides the parameters concerning training and related training expenses. The policy is applicable to all employees. 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 legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other 184 Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ n/a Finance Director Signature: Attorney ew ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation Approve Res. Other: 185 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-059 A Resolution of the City Council of the City of Seward, Alaska, Adopting Personnel Policy 42023-02: Training Expense Policy WHEREAS, Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies; and WHEREAS,the city manager requests the city council adopt Personnel Policy 42023- 02; and WHEREAS, Personnel Policy #2023-02 provides the parameters concerning training and related training expenses; and WHEREAS,the policy is applicable to all employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council adopts Personnel Policy #2023-02 in its entirety. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 186 City of Seward Training Expense Policy Approved by City Council Resolution 2023-059 May 8, 2023 Personnel Policy #2023-02 Applicable to All Employees Training Expense Policy A. Department head training programs. Each department head shall develop and conduct practical training programs suited to the special requirements of the department. Training programs shall particularly emphasize accident prevention, employee safety, and public relations, as well as increased competence. B. Off-site training. 1. All off-site training is subject to budget appropriations and department head and city manager approval. 2. Employees may be given the opportunity to attend off-site training, conferences or seminars, at the city's expense. 3. Training opportunities may be in the form of college classes when the classes best fit the training needs. However, payment of college classes with the sole intent of obtaining a college degree is prohibited. C. Agreement signed. 1. Employees must sign an agreement consistent with the below regarding repayment of training for new employees, in order to outline expectations. 2. However, regardless of whether an agreement was signed, the following repayment may be required: a. An employee who terminates employment within 12 months of the date of training shall reimburse the city for the cost associated with the training. b. Reimbursement shall be prorated; i.e., if training cost is $1,200 and the employee leaves six months after training, the employee is required to reimburse the city $600.00. 3. The city manager may waive the reimbursement requirement on a case-by-case basis based on good cause related to hardship. Personnel Policy #2023-02 May 8, 2023 Page 1 of 1 187 • swir- Resolution 2023-060 A Resolution of the City Council of the City of Seward, Adopting Personnel Policy #2023-03: Travel, Reimbursement, and Vehicle Use Policy Documents: • Agenda Statement • Resolution 2023-060 • Personnel Policy 2023-03 188 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Subject: Resolution 2023-060:Adopting Personnel Policy#2023-03: Training Expense Policy Background and justification: Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies. The city manager requests the city council adopt Personnel Policy #2023-03; and Personnel Policy #2023-03 provides the parameters concerning travel, reimbursement, and vehicle use. The policy is applicable to all employees. 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 legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other 189 Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ n/a Finance Director Signature: " Attorney ew 00, ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation Approve Res. Other: 190 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-060 A Resolution of the City Council of the City of Seward, Alaska, Adopting Personnel Policy 42023-03: Travel, Reimbursement, and Vehicle Use Policy WHEREAS, Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies; and WHEREAS,the city manager requests the city council adopt Personnel Policy 42023- 03; and WHEREAS, Personnel Policy #2023-03 provides the parameters concerning travel, reimbursement, and vehicle use; and WHEREAS,the policy is applicable to all employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council adopts Personnel Policy #2023-03 in its entirety. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 191 City of Seward . = Travel, Reimbursement, and Vehicle Use Policy Approved by City Council Resolution 2023-060 May 8, 2023 Personnel Policy #2023-03 Applicable to All Employees Travel, Reimbursement, and Vehicle Use Policy Section 1. Travel. A. Travel expenses— approval required. 1. Employees traveling outside of the city limits for city business must first have written authorization from the employee's department head or supervisor before charging airfare, paying of any registration fees, reservations or other necessary items. 2. The City Manager must authorize any out-of-state travel or when travel expenses are expected to exceed $1,000. B. Travel reimbursement. 1. When a city employee is required to travel outside the city limits, on city business, requests for reimbursement for the following expenses shall be reimbursed upon timely submission to the finance department. a. Mileage for use of personal vehicle at the current IRS mileage rate; b. Airfare; c. Ticket change fees; d. Rental car charges must be pre-approved by the city manager; e. Reasonable and necessary internet access fees; f. Necessary dry cleaning and laundry costs if employee is required to be away for city business for five (5) days or more, excluding travel time; and g. Other necessary transportation charges and fees related to city business. 2. Reimbursement requests must be submitted in writing on a travel expense report and have appropriate documentation to clearly indicate the expense and the relation to city business. 3. Reimbursement by the city will occur within ten business days of the finance department's receipt of properly completed, coded and approved reimbursement request. C. Non-reimbursable travel expenses. Employees will not be reimbursed for the following expenses: 1. Use of personal airline mileage; 2. First-class upgrades; Personnel Policy #2023-03 May 8, 2023 Page 1 of 6 192 3. Movies or other entertainment; 4. In-room service; 5. Alcohol; and 6. Expenditures without proper receipts or documentation. D. Personal vehicle use. 1. If use of a city owned vehicle is inappropriate for the business need, or a city-owned vehicle is not available, the city manager may authorize the use of a personal vehicle. 2. Proof of personal insurance including collision liability coverage and current driver's license may be required. 3. Upon timely submission of a travel expense report to the finance department, mileage for use of a personal vehicle will be reimbursed according to the current IRS approved mileage rate. E. Air travel. Airline reservations should be limited to the most economical and direct means, coach fare, and require pre-approval from department head and the city manager. 1. The city will not pay for first -class upgrades. 2. Employees are not expected to travel on red-eye flights. 3. For out-of-state travel, an employee is allowed no more than one day prior to the start of class or training for travel, and one travel day following the end of class or training. a. An exception can be made when a fare requires a Saturday stayover and is more cost effective than the cost of an extra day's stay, or where daily flight service is not available. b. Where a Saturday stayover is more cost effective, the extra day stay is strongly encouraged. c. Extra days for personal purposes are not reimbursable. 4. A copy of the purchased ticket printout must be submitted with the city credit card log. 5. Personal credit cards should not be used to pay for City travel except in the case where an employee is also including personal travel in the purchase. 6. The City will reimburse ticket change fees so long as those changes are reasonable and necessary and have received prior department head authorization. 7. An employee who cancels a flight for which the City fails to derive a benefit (refund, transfer of ticket, or future travel utilizing the ticket), may be required to personally pay for future travel costs, and be reimbursed upon completion of travel, or forfeit reimbursement if travel does not take place. F. Other transportation. 1. Rental cars. a. Rental car charges will be reimbursed only if it is the most economical means of transportation. Prior authorization from the city manager is required. b. City employees driving rental cars are covered under the city's insurance policy while traveling on official business and should therefore decline rental company insurance. c. The employee shall also return the rental car with a full tank of gas to prevent the need to pay airport fill-up charges. Employees are responsible for any charges incurred as a result of failing to return the rental car with a full tank of gas. Unless traveling with a group, the City will reimburse only for a compact or smaller vehicle. Personnel Policy #2023-03 May 8, 2023 Page 2 of 6 193 d. If the employee elects to rent a larger vehicle, the employee must pay the difference and provide supporting documentation of the price difference. e. When renting a car for days not involving city business, the employee is required to reimburse the city for those days. 2. Taxi, airport shuttle, train, bus, and parking fees will be reimbursed if directly related to official business. 3. Reimbursement for expenditures not substantiated by receipt (e.g. parking, taxi, shuttle service) will be at the discretion of the department head. G. Lodging. 1. Payment arrangements for lodging should be made prior to departure. Payment should be by city credit card or purchase order. Employees that are issued a city credit card are required to use the city credit card for lodging expenses. 2. An employee not holding a city credit card may also pay for the room and be reimbursed upon completion of travel. 3. Lodging cost is limited to single-occupancy rate and must be supported by a receipt. If a more expensive room is used or the employee requests other than single occupancy, the difference will be at the employee's expense. If a single room is not available, the employee may be reimbursed at the higher rate with supervisor approval. 4. Employees staying at private accommodations (eg: staying with family) may request reimbursement of $50.00 a night. H. Meals. 1. Employees traveling for over eight (8) hours may request per diem for meals based on the General Service Administration published local meal rates for the travel destination. 2. Employees traveling for less than eight (8) hours are eligible for one meal. 3. Total meal allowance will not exceed the current published rate whether receiving a meal allowance or paying with a city credit card. 4. Meal allowance will not be paid if the applicable meal is included in the paid event/conference or if charged to a city credit card. 5. The city may provide an in-state per diem rate by policy. I. Travel advance. 1. Employees may submit a request for a travel advance to the finance department. The request must be approved by the department head and the city manager. 2. Upon completion of travel, the employee must submit documentation of the expenditures and refund any excess to the City. Section 2. Reimbursement. A. Reimbursement from other sources. 1. Should a third-party agree to pay all or part of the cost of an employee's travel expenses, the third-party should provide the employee or department head with documentation of items they will be covering. 2. Payment for reimbursement for travel expenses will not go to the employee from the third-party. Instead, payment will be made directly to the City and be paid to the employee per established reimbursement policies. Personnel Policy #2023-03 May 8, 2023 Page 3 of 6 194 B. Compensable travel time. 1. Travel time will be compensated in accordance with the Fair Labor Standards Act. In general, if travel for an employee who is eligible for overtime requires an overnight stay, any time spent traveling (as a passenger) that falls within the employee's normal work hours is compensable, regardless of what day of the week the travel takes place. 2. Travel outside of normal work hours is not compensable. Section 3. Vehicle use. A. Personal vehicle stipend. 1. The intent of the personal vehicle stipend is to compensate an employee for the employee's use of the employee's personal vehicle for city business. 2. The City Manager shall determine whether an employee is entitled to a monthly vehicle stipend. 3. Stipends apply to employees within departments who do not have a city vehicle for employees to use and for employees whose job description requires they conduct city business off-site. 4. Stipend calculation. Stipends are calculated at 3% of the employee's annual total base wage. 5. City credit cards shall not be used for gasoline purchases by employees who receive a vehicle stipend. 6. Mileage shall not be reimbursed on a travel expense report for any city business by employees who receive a vehicle stipend. 7. The city manager is entitled to a monthly vehicle allowance if designated in the contract between the city council and city manager. B. City vehicle use. 1. City vehicles may only be used by employees and for official business. Exceptions must be approved by the City Manager. 2. All operators of a city vehicle will have in their possession a current operator's license. 3. The operator is responsible for any citations or fines due to a violation of traffic laws, including parking tickets. 4. All operators of a city vehicle and passengers are required to wear a seatbelt. 5. Passengers riding in City vehicles will be limited to other city employees or individuals on official business. Family members or other persons are not authorized passengers unless serving as chaperones on city-sponsored events, or as participants in city programs for which riding in a city vehicle has been authorized, in writing, by the current city manager. 6. Travel to another city via a city vehicle requires prior authorization. 7. City vehicles will not be used to jump-start or tow non-city owned vehicles. 8. The operator of a city vehicle must ensure the vehicle is properly serviced before, during and after operations and to report any mechanical or safety deficiencies shall be reported to the city shop or the employee's supervisor and the vehicle will not be operated if unsafe or issue is likely to cause damage to the vehicle. An employee may be held responsible if failing to follow the above. 9. No alcoholic beverages, marijuana or illegal substances are to be kept or consumed in a city vehicle. Personnel Policy #2023-03 May 8, 2023 Page 4 of 6 195 10. Any employee violating this policy is subject to disciplinary action, up to, and including, suspension or termination. C. Take home vehicles. 1. For purposes of providing quicker response time in emergencies, personnel who have duties requiring 24-hour response shall be considered eligible to take a City vehicle home to their place of residence. 2. City manager approval is required for all requests for a take-home vehicle except for police and fire personnel. Requests must be submitted by the department head to the city manager identifying the vehicle, staff member and justification for the need to take the vehicle home. Authorization from the city manager must be in writing and filed in the employee's personnel file. 3. All operators of a city vehicle must have a current operator's license in their possession. The operator is responsible for any citations or fines due to a violation of traffic laws, including parking tickets. 4. All operators and passengers are required to wear a seatbelt. 5. City vehicles will not be used for personal use, except for minimal personal use, such as a stop for lunch or between two business stops and commuting to and from work. 6. Passengers riding in city vehicles are limited to other city employees or individuals on official business. Family members or other persons are not authorized passengers unless authorized, in writing, by the current city manager. 7. Vehicles shall be stored at the work site when operator is on vacation or extended leave. 8. Assigned personnel shall be held accountable for the care and operation of the vehicle and equipment while the vehicle is in take home status. Mechanical or safety deficiencies shall be reported to the city shop and the vehicle will not be operated if unsafe or issue is likely to cause damage to the vehicle. 9. Vehicles shall be locked when unattended. 10. No equipment or property shall be left unattended for prolonged periods of off time. 11. Smoking is not permitted in a city vehicles. 12. City vehicles will not be used to jump-start or tow private vehicles. 13. No alcoholic beverages, marijuana or illegal substances are to be kept or consumed in a city vehicle. 14. Personnel assigned a City owned vehicle shall be subject to disciplinary action for improper, illegal use or operation of the vehicle and equipment up to, and including, suspension or termination. 15. Use of city vehicles in a take home status shall not be considered a right, but a privilege and a tool to perform the job. Employees must be aware of public perception and engage in proper use of vehicles and maintain appropriate conduct while operating any City vehicle. D. Vehicle accident reporting. 1. City employees are required to immediately file a City Accident Report form any time a city vehicle is involved in an accident. An on-site police investigation, police report and State of Alaska Motor Vehicle Crash Form must accompany any accident report form in which a City vehicle and/or other vehicle sustains $2,000 or more of damage. 2. All documentation of a vehicle accident must be turned into Human Resources Manager within 72 hours after the accident. Personnel Policy #2023-03 May 8, 2023 Page 5 of 6 196 3. Employees who do not comply with the post-accident testing requirements, or who fail or refuse to provide a sample for testing, will be considered to have refused to submit to testing and will be subject to appropriate disciplinary action including termination. Personnel Policy #2023-03 May 8, 2023 Page 6 of 6 197 • swir- Resolution 2023-061 A Resolution of the City Council of the City of Seward, Adopting Personnel Policy #2023-04: Field Training Officer Premium Pay Policy Documents: • Agenda Statement • Resolution 2023-061 • Personnel Policy 2023-04 198 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Subject: Resolution 2023-061: Adopting Personnel Policy #2023-04: Field Training Officer Premium Pay Policy Background and justification: Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies. The city manager requests the city council adopt Personnel Policy #2023-04. Personnel Policy #2023-04 provides the parameters concerning field training officer premium pay. The policy is applicable to certain police department employees. 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 legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other 199 Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ n/a Finance Director Signature: Attorne ew ✓ Yes Attorney Signature: ZZ�L�—� Not applicable Comments: Administration Recommendation Approve Res. Other: 200 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-061 A Resolution of the City Council of the City of Seward, Alaska, Adopting Personnel Policy 42023-04: Field Training Officer Premium Pay Policy WHEREAS, Seward City Code 3.05.015 A. 2. states the city council shall adopt all personnel policies; and WHEREAS,the city manager requests the city council adopt Personnel Policy 42023- 04; and WHEREAS, Personnel Policy #2023-04 provides the parameters concerning field training officer premium pay; and WHEREAS, the policy is applicable to certain police department employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council adopts Personnel Policy #2023-04 in its entirety. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 201 City of Seward Field Training Officer Premium Pay Policy Approved by City Council Resolution 2023-061 May 8, 2023 Personnel Policy #2023-04 Applicable to Certain Police Department Employees Field Training Officer Premium Pay Policy A. Field Training Officers, School Resource Police Officers, Public Safety Dispatchers, and Correction Officers assigned Field Training Officer (FTO) or School Resource Officer (SRO) duties shall receive a pay differential of two and one-half percent (2.5%) for each hour worked as an FTO or SRO. B. Individuals lacking documentation of attendance at a formalized FTO or SRO training program are not eligible for FTO pay. Personnel Policy #2023-04 May 8, 2023 Page 1 of 1 202 i REPORT OF ELECTION CANVASS BOARD Certification of City Clerk's Recording We, the undersigned, duly appointed at the City Council Regular Meeting on April 10, 2023 as the Canvass Board for the City of Seward, do hereby certify that we have examined in detail all absentee, special needs and questioned ballots, original and duplicate tally sheets, and questioned and special needs registers from the City of Seward precinct. Upon completion of the canvass, it is our opinion that the attached I summary of election returns, as compiled by the Canvass Board and recorded by the City Clerk, accurately reflects the totals shown on the Certificate of Election Returns (ballot statement) by the election board of the voting precinct for the May 2, 2023 Special Election. Dated this 4t' day of May, 2023. � A A- -a l J i 34 J w o J o - c Vu- Cn � J m o I cc p, o of C-) I a0 � # 1 ! m o � ro n 1co Cn I 1 rD i s w Cu N CD CIL 3E f W J w D (D iE I I w w o 0 1 E I a o f x� w u I 3E I 203 ¢�I FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD SPECIAL MUNICIPAL ELECTION May 2, 2023 The City Canvass Board has canvassed the absentee, special needs, and questioned ballots of the Special Municipal Election held May 2, 2023. The canvass took place on Thursday, May 4, 2023. Their totals are: ABSENTEE, QUESTIONED AND SPECIAL NEEDS BALLOTS VOTED Absentee In Person 51 Absentee By Mail 13 Questioned 6 Special Needs 6 TOTAL VOTED 76 REJECTED BALLOTS Absentee In Person 1 *Reason: Absentee By Mail 0 *Reason: Questioned 6 *Reason: Special Needs 0 *Reason: TOTAL REJECTED 7 COUNTED BALLOTS Absentee In Person 50 Absentee By Mail 13 Questioned 0 Special Needs 6 TOTAL COUNTED 69 May 2,2023 City of Seward Special Election Final Certificate of Results 204 Page 1 of FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD SPECIAL MUNICIPAL ELECTION May 2, 2023 PROPOSITION NO. 1 Shall the City of Seward sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval? Election Day Votes Canvass Votes Total Votes YES 186 41 227 NO 134 28 162 Seward Charter 13.4.- Disposal of municipal utility plants and utility property. The council may sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three-fifths of the electors of the city voting on the proposition. Formula to determine result: 389 Number of Voters x 60% = 234 (233.4) Minimum Number of YES Votes Required to Carry Note: If 60% of the number of voters results in a fraction, the number must be rounded up. (per Seward City Attorney) May 2,2023 City of Seward Special Election Final Certificate of Results 205 Page 2 of 4 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD SPECIAL MUNICIPAL ELECTION May 2, 2023 PROPOSITION NO. 2 Shall the City of Seward Charter Chapter 5.4 (a) be amended to read as follows: (new language is underlined and bolded, and deleted language is str-ieken 5.4 City Manager (a)The city manager shall be chosen solely on the basis of leis demonstrated administrative qualifications,with particular emphasis on his training and experience as a professional municipal administrator. . The council shall provide in the code for lan ua a enacting eo ra hical boundaries within ten miles from mile marker zero of the Seward Highway for the manalZer's residence. Election Da Votes Canvass Votes Total Votes YES 209 44 253 NO 108 23 131 Seward Charter 14.3. -Amendment of Charter by council action. When an amendment is proposed by the council, it shall be submitted at the time of any election to be held in the city not less than sixty days after its proposal by the council, or at a special election called bythe council forthe purpose of voting thereon.Such amendment of the Charter shall become effective if approved by a majority of qualified voters voting on the question. Formula to determine result: Majority (50% + 1) of YES Votes Required to Carry May 2,2023 City of Seward Special Election Final Certificate of Results 206 Page 3 of FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD SPECIAL MUNICIPAL ELECTION May 2, 2023 SUMMARY A total of 1,765 people were registered to vote in this precinct for this election There were 320 people who voted on election day There were 51 absentee in-person ballots cast There were 13 absentee by-mail ballots cast There were 6 special needs ballots cast There were 6 questioned ballots cast Totaling 396 ballots voted Minus _7_ rejected ballots Therefore, 389 ballots counted for this election Equaling 22% voter turnout Upon completion of the canvass, it is our opinion that the results compiled above accurately reflect the final totals for the Regular City Election held May 2, 2023 in the City of Seward, Alaska. Dated this 4 h day of May, 2023. j 7 May 2,2023 City of Seward Special Election Final Certificate of Results 207 Page 4 of • swir- Ordinance 2023-010: Amending Seward City Code Title 9 — Health And Safety For The City Of Seward Recodification Project Documents: • Agenda Statement • Ordinance 2023-010 • City Attorney Amendments 208 City Council Agenda Statement Meeting Date: April 24, 2023, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-010: Amending Seward City Code Title 9 — Health and Safety Background and Justification: The purpose of this ordinance is to complete the recodification for Title 9. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, DH = Department Head, Clerk=City Clerk) Code Citation Source Amendment Atty Include Animal Control Officer under definition for Chief of Police. Mgr Define cat. 9.05.110 Mgr Clarify the definition for dog. DH, Atty Create new definition for firearm. Atty Update definition for Vicious Dog to match AS 03.55.020. 9.05.130 Mgr Strike first sentence. 9.05.135 Atty Clarify wording. 9.05.150 At , DH Strike section; adopt AS 11.61.140 by reference. 9.05.155 Atty Clarify language. 9.05.210 & .212 Mgr Add cat. 9.05.212 DH, Atty Change timing for licenses to match current practices. 9.05.216 DH, Atty Updating rice to cover costs. 9.05.218 Atty Strike section; if/when a petition for annexation is filed,then include as art of a proposed transition plan. 9.05.220 Mgr Update to include lead. 9.05.240-.244 DH Condense into one section. 9.05.246 DH Strike entire section. 9.05.252 At , DH Strike entire section. 9.05.258 AtClerkgr Update vaccine requirements. 9.05.315 DH Update to within city limits. 9.05.410 & .420 DH, Atty Create new section for discharge of firearms. Chapter 9.15 At , DH Entire section being updated to 2021. 9.15.125 DH Update to allow reports to be emailed. 9.15.140 DH Updating language. 9.15.210-.215 DH Delete as redundant to SCC 2.25.050. 9.15.220 At , DH Delete as covered in ci 's Record Retention Schedule. 9.15.230 DH Fire dept. retains reports. 9.15.235 At , DH Strike section; dues are part of the budget process. 9.15.240 DH Delete as redundant to IFC. 9.15.310 DH Change city manager to fire chief; fire chief issues permit per IFC. 209 9.15.350 DH Updating zone to match current practices. 9.20.015 Atty Strike sentence related to music on streets as obsolete. Atty Strike partial sentence related to x-rays as obsolete. 9.20.065 At , DH Striken language is obsolete; new language from attorney. 9.20.090 Atty Updated language. 9.25.030 Atty Striken as unconstitutional. 9.25.030 Atty Penalties are covered in Title 1. 9.30 Atty Updating terminology. 9.30.015 DH Updating language forequipment. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. 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: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: Clerk's Note:Submitted draft ordinance to Shannon/administration 3123; Shannon submitted draft ordinance to attorney on 3124 and followed up on 4117. 210 Sponsored by: City Clerk Introduction: April 24, 2023 Public Hearing: May 8, 2023 Enactment: May 8, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE TITLE 9 — HEALTH AND SAFETY FOR THE CITY OF SEWARD RECODIFICATION PROJECT WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on updating Title 9—Health and Safety and reflects input from the city manager (including department heads), city attorney, and city clerk and will complete the recodification for Title 9. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 9 —Health and Safety is hereby amended as follows: (Deletions = Bold ; Additions = Bold Italics Underlined.) TITLE 9 -HEALTH AND SAFETY Chapter 9.05 -Animals and Fowl * `Footnote: See AS 11.61.140 and AS 11.61.145 for state provisions as to cruelty to animals and exhibiting fighting animals; see § 11.01.015 and § 11.01.075 for additional provisions as to riding animals and carrying animals on outside of vehicles. Article 1.— General Provisions 9.05.110 -Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police. The chief of police and all police officers, animal control officers, and other 211 persons employed to perform any such duties. Cat. The smallest domesticated member of the family Felidae and the order of Carnivora;Felis catus. Dog. . A domestic mammal of the family Canidae and the order Carnicora; Canis lupus familiaris. "Firearm" means a weapon includin- a pistol, revolver, rifle or shot,-un desi,-ned for dischaminz a shot capable of causin,- death or serious physical iniury. License collector. The license collector shall be the chief of police, and shall include the person designated by him to act in his behalf. License year. A license year shall commence on January 1 and end on December 31 of each year. Quarantine. The isolation of a dog or any other domestic animal in a substantial enclosure so that the dog or domestic animal cannot be subject to contact with other animals or unauthorized persons. Trap shall be defined as the use of any mechanical device such as a snare, steel jaw trap, steel leg hold trap, Conibear or spring trap, that is designed to shut suddenly upon contact to kill or capture an animal. Vicious dog. Any dog which has bitten a person, or which has bitten an animal without provocation. , whieh habitually does any other- net whieh reasonably endangers the eofflfor-t, health or- safety of aHy per-soHs, or- whieh habitually iHjur-es or- destroys property, is hereby deelar- to be avieious dog. 9.05.115 -Interference with enforcement of this chapter prohibited. No person shall interfere with, oppose or resist the chief of police in the performance of his duties as herein provided. 9.05.120 -Impoundment of animals—Authorized. The chief of police, and all police officers, animal control officers, and other persons employed to perform any of such duties, are hereby authorized and empowered to take up and impound any animals running at large in violation of the provisions of this chapter, and to keep such animals confined in the city pound animal control shelter, or at such other place as the chief of police may provide, for not less than five days, unless such animals be redeemed by payment of the cost incurred. At the expiration of the five days, if the animal is not redeemed, the chief of police shall be deemed to have acquired jurisdiction over the animal and is hereby authorized to destroy or sell or to otherwise dispose of same. 212 9.05.125 -Impoundment of animals—Removal from pound without permission. No person shall remove or attempt to remove any dog or other animal which is impounded in the city pound animal control shelter without first receiving permission from the chief of police to do so. 9.05.130 -Destruction of biting animals. (a) No per-son shall kill or maim any animal whieh is known to have bitten any per-son or animal unless per-mission a d eonsent to do so has been granted by the ehief of poliee. A. (b)Nothing in this chapter shall be construed to prohibit the killing of a dog or other domestic animal where such destruction is necessary for the protection of life and limb, or for the purpose of preventing a further attack. L. (e) One of the purposes for the enactment of this section is to enable the chief of police to observe all dogs and other animals which have bitten any person or animal in order to determine whether the same are infected by rabies or other disease. 9.05.135 - Quarantine of rabid animals, etc. -Authorized. * Footnote: See AS 03.05.070 for state provisions as to rabies control. (a) it is the duty of A. The chief of police is authorized to immediately quarantine for observation any dog or other animal infected with rabies or believed to be infected with rabies. B_{b)—If, upon examination, the chief of police or eity health animal control officer shall determine that any dog or any animal is afflicted with rabies, he may cause such dog or other animal to be immediately destroyed; provided, that when any dog or animal shall be known to have bitten, scratched or otherwise exposed any person,it shall be kept under observation until the death of such dog or animal, or for fourteen days. C. The chief of police to shall promptly notify the state health officer of the location and description if the dog or other animal having rabies or suspected of having rabies; and shall also to supply the state health officer with the names and addresses of the persons who have been bitten, scratched or had any contact with the suspected animal. D. d)-No dog or other animal which has had an illness which was suspected of being rabid shall be released from quarantine except upon the written authorization of the chief of police or city health animal control officer. E. ( }Any dog or other animal having been bitten or presumed to have been bitten by a rabid animal, or any animal bitten by an animal which presumptively was rabid, shall be quarantined by the chief of police for three months; provided, that any animal the owner of which is not known, when such animal has been bitten or presumed to have been bitten, by a rabid animal, or when 213 such animal was bitten or presumed to have been bitten by an animal which presumptively was rabid, sueh aftimal shall be destroyed after a 14 day quarantine period has been observed. F. {#}All quarantines shall be effective either on the premises of the owner o or person having custody, control or possession of such animal, if practicable, or at the city pound animal control shelter. If the chief of police determines that such animal can be best observed in quarantine by being placed in the city pound animal control shelter, he may transfer and keep such animal in the city pound animal control shelter. The owners or person having control or custody or possession of any animal thus placed in the city pound animal control shelter shall be liable for all costs incurred in the keeping of such animal. G. {g}The chief of police or his deputies are hereby empowered to enter upon any private property where any dog or other animal is kept, which dog or animal is alleged to have bitten any person, to inspect and seize and impound any such dog or other animal for a period of fifteen fourteen 14 days, and may in lieu of impounding the same,require the owner of such dog or other animal, by a notice in writing personally served upon such owner,to quarantine the dog or animal for such period. 9.05.140 - Quarantine of rabid animals, etc.—Removal from place of confinement. No person, either by himself or agent, shall remove from the city pound animal control shelter or any veterinary hospital, or from any other place, any animal which has been quarantined without consent of the chief of police. 9.05.145 -Noisy animals. It is hereby declared to be a nuisance, and it shall be unlawful to keep, maintain or permit on any lot or parcel of land, any animals or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in reasonable and comfortable enjoyment of life or property. 9.05.150 - Cruelty to animals. AS 11.61.140 and any bail schedule associated therewith is hereby adopted by reference. (a) No per-son may perform or eommit the folloiving ne - aboseanioffl_�d,(3) Maint a! witheof food, water- and shelter- adequate to pr-eser-ve the animal's 214 matter-; amttsemeHt of himself or- others or- for- fiHaHeial gaiHi or- > > (b) The above seetioH does Hot apply to the foflowiHg: > , allimal f-r-( death; or- shall be r-equir-ed to perform the foflowiHg: (1) Stop the vehiele as elose to the seeHe of the neeideHt as possible; aseer-tai"azm-vievr the iHjttr-y if the allimal's owHer-ship is Hot readily aseer-taiHable. less thaH $50 nn all rot to a $300 nn for- eh offer� 9.05.155 -Removal and disposal of fecal matter. (a)-Any person in possession of any household or livestock animal shall immediately remove and dispose of all fecal matter left by the animal on public parks, streets, sidewalks or bike paths. (b) Any per-son owning, keepi g, ing or- harboring any livestoeli animal sha# 215 immediately r-emove alld dispose of all Feeal matter-left by the aftimal oft publie > > (e) The peHalty for- a first offeHse will be a $15.00 eitafioH, seeoHd offeHse will be a $30.00 eitatioft,with a maximum peftaky of$50.00 for- third alld subsequeHt sidewalks or- bilie path-s-.- Article 2. -Dugs Licensing and control * Footnote: See AS 03.55.010, et seq., for state provisions as to vicious dogs; see § 7.10.248 as to regulating dogs in the sal boat harbor. 9.05.210 -Licenses required. No own ^" harborer- person in possession of any dog or cat over four months of age shall fail or neglect or refuse to obtain a license for such dog or cat. 9.05.212 -License fee—Dogs or cats. A. {er}There is hereby levied an annual license fee of $5.00 per year for each neutered male or spayed female dog or cat and $10.00 per year for each unneutered male or unspayed female dog or cat. The license fee shall be due and payable on the first day of jamtar-y July of ee&k the initial license year. B. b)-Any person who fails or neglects to pay the license fee on or before the first day of Febr-uar-y August of each year-,-ts the license fee becomes due, shall be deemed delinquent under the foregoing provision and shall pay an additional $5.00 penalty in addition to the prescribed fee for the license. . { }Any person who comes into ownership or commences to harbor a dog or cat within the city after the first day of januar-y July of each year shall, within 30 days after such time, obtain a license as provided in this section at the full yefw yearly rate stated above. D. Licenses shall be issued for a three year period and renewed on or before the first play of Au,-ust followinz expiration. E. Do,-s that are spayed, neutered and micro-chipped and have a current rabies certificate are elizible for a lifetime license for a fee of$30. 9.05..214 LieeHse fee- KeHHecs 9.05.216 -License fees—Collection; issuance and form of license tag. A. (a*The license collector shall, and it is hereby made his duty to, see that the licenses from every owner or- ha--bo of dogs required to be licensed are paid. The license fee shall be paid to the 216 license collector, and the license collector shall issue a tag for each dog licensed. Upon the tag shall be the stamped words and numerals showing the license year for which the same is issued. The tags shall also be serially numbered. Replacements for lost license tags may be procured from the license collector upon proof of loss and payment of$0.25 $1.00. B. }The license collector shall keep a register in which he shall enter the name of the owner iw harborer- of each dog for which a license is paid, together with the date and number of the tag issued. 9.05.218 Lieense fees Exemption for newly annexed territories. in territories neivly annexed to the eivy, no lieense fees as ealled for in this ar-fiele shall be r-equir-ed for- dogs -A,hieh ar-e then lieensed by the Kenai Peninsula Bor-ough dur-ing t unexpired term of sueh lieense, but shall only be required from and after the expiration o-f 9.05.220 -Wearing of license tag required. No person owning or having charge or control of any dog shall keep,maintain or allow such dog to be within the city unless there be attached to such dog a collar, lead or harness to which the license tag for the then current year shall be affixed. The collar, lead or harness and license tag shall be worn by the dog on a constant basis when the dog is on other than the owner's private property. 9.05.222 - Tag to be worn by dog for which issued. No person shall attach any current license tag to any dog other than the dog for which the tag was originally issued. 9.05.224 -Removal of license tag prohibited; counterfeiting of tag prohibited. A. fa}No person, other than the owner, shall remove from any dog any license tag attached to such dog under the provisions of this chapter. B. b)-No person shall counterfeit or attempt to counterfeit a dog license tag; receipt for payment for license or certificate of vaccination,or place a dog tag upon a dog unless the tag was specifically issued for that particular dog. 9.05.226 -Impoundment of untagged dogs. it is hereby made the duty of the The chief of police is authorized to take-tip-and impound all dog found in the streets or public places within the city without a tag as provided in this chapter, and to keep each dog so taken up and impounded for not less than 72 hours in the city pound animal control shelter, unless such dog be sooner redeemed by the payment of all poulad fees incurred, together with the production of the required tag. 217 9.05.228 -Disposition of unredeemed animals. At the expiration of five (5) days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by him; provided, that the chief of police is hereby authorized to sell any unredeemed animal upon the purchaser paying all adoption fees and deposits as set by resolution of the city council from time to time. A license shall not be required if the animal is immediately removed from the city. 9.05.230 -Liability for injury or disease during impoundment. Neither the city,nor any of its officers,employees or agents shall be liable for any injuries suffered, or disease incurred, by any dog while taken tip and impounded. 9.05.232 -Vicious dogs—Reports; control. A. (*)-Whenever a dog suspected of being vicious is reported, the chief of police shall investigate the conditions of the dog's behavior, and if he finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog, he shall deliver in writing to the owner ^rharborer-person in possession of such dog a statement of the facts and circumstances concerning the dog's behavior. He shall also order the owner- or- ham person in possession of such dog to keep such dog in a substantial enclosure or securely held upon a chain or other adequate control, or if this restraint is impossible or impractical, such dog shall be impounded in the city pound animal control shelter until such time as the owner-" ha of such dog shall make provisions satisfactory to the chief of police for the restraint of such dog either in a substantial enclosure or upon a chain or other adequate control. B. �owner o shall fail to make provisions for adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that he will not be a menace within the city. 9.05.234 - Same—Running at large. No owner or harborer- person in possession of any vicious dog shall permit such dog to be at large after he has been notified by the chief of police that the dog is vicious, or when he knows, or by the exercise of reasonable care should know, that such dog is a vicious dog. 9.05.236 - Same—Posting of premises. Whenever any dog has a disposition or propensity to attack or bite any person or animal without provocation, the chief of police shall order the owner to post and keep posted upon the premises where such dog is kept under restraint as herein provided, in plain and conspicuous view, a notice in letters not less than two inches in height, which shall contain the words: "Beware of Vicious Dog." Failure to obey such order in any respect as herein provided shall render owner liable to prosecution for violation of this chapter and shall render such vicious dog subject to summary destruction if found at large. 218 9.05.238 - Same—Menacing utility service employees. In the event that any person owns or harbors any dog which bites or attacks, or threatens to bite or attack, any meter reader, inspector, officer or employee of the city while in the performance of his duties as such, the city shall have the right to cut off all electric and water service to the premises where such dog is kept, and not resume the same until such dog is disposed of or confined in such a manner as to insure that it will not thereafter menace such meter reader, inspector, officer or employee. 9.05.240 -Running at large - . An animai shall be eonsider-ed to r-un at large if it is not restrained by a leash or- enelostir-e. 9.05.242 Same Streets, alleys,All aHimals shall be kept tmder- r-estr-aiHt either- by a leash or- by beiHg kept iH aH eHelosttr-e. No person owning or in possession of any stye# Flo,- or animal shall permit such dog or animal to run at large upon any public street, alley or any other public place within the city, and no person shall permit any animal to be upon any public street, alley or other public place within the city, unless such *ff slog or animal is kept under the immediate control of the person in possession of the same by voice command or leash. No owHer- or- har-bor-er- of aHy tmspayed female dog shall permit or- allow sueh dog to str-ay or- r-un or- be at large in or- upon any publie pinee while sueh dog is in heat or- breeding eondition. 9.05.244 Same Female dogs iH heat. No per-son owning, harboring or- keeping any animal shall permit the same to trespass or- be per-son. Any animal permitted to r-un at large or- be upon the publie streets, alleys or- on any or- being upon pr-ivate property of another-per-son without the eonsent of-, or- to be wr-iting that the animal has been impounded-. 9.05.248 -Disposition of impounded animals. At the expiration of five(5)days, if the animal mentioned in the preceding section is not redeemed, 219 the chief of police shall be deemed to have acquired jurisdiction over such animal, and he is hereby authorized to destroy or to sell or to otherwise dispose of same,and any proceeds derived therefrom shall accrue to the city, to be deposited in its general fund. 9.05.250 - Citation of owner in lieu of impounding. In lieu of seizing and impounding any dog or animal found to be running at large in or upon any public street, sidewalk, alley or public place, or trespassing or being upon any private pr-op to the annoyanee of tiny or kept or maintained in violation of any of the provisions of this chapter, the chief of police may issue a citation to the owner o of any such dog o animal, fixing time and plaee not less than five days f-Fom the date -Stianee o ei--o* directing the owner or ha-bo of any such dog or animal to appear before the judge of the magistrate's court,to show cause why such person should not be punished as provided in this code for causing or permitting such do,- or animal to run at large, or be upon private property eontr-ar-y to the provisions of this ehapter-5 or for any other violation of this chapter, and to show cause why such dog or animal should not be destroyed, unless such owner or ha-bo makes adequate provisions for the control of the animal as required by the provisions of this chapter. Upon a third offense, any such dog or animal may be ordered to be summarily destroyed. If such citation is issued as a result of a complaint made by any person against the owner o-- ha-bo-e- of any dog or animal, a notice in writing may also be given to the person making such complaint, notifying him to appear at the time and place stated in the citation, to verify the complaint. in the event that the owner- or- har-bor-er- of any animal found Funning af lar-ge on the public- streets, alleys or other publie pinees in the eivy, or upon private property, to the annoyanee ordinary means so that it may be impounded at the e 0 ty pound, then sueh animal may stimmar-ily destroyed by the ehief of poliee. 9.05.254 -Retention of animal without owner's consent. No person, without the consent of the owner thereof, shall hold or retain possession of any dog or animal of which he is not the owner, for a longer period than 24 hours, unless such person shall within such 24 hour period report the possession of such dog or animal to the chief of police, giving his name and address, and a true description of the dog or animal. 9.0-4.2-46 Limitation of number of animals permitted to be kept. 9.05.258 -Antirabies vaccination required. It shall be unlawful for the owner of any animal to keep or maintain in the city any animal over the age of six months, unless it shall have been vaccinated by a licensed veterinary surgeon with antirabies vaccine, within two years preceding the date on which such animal is kept or 220 maintained, unless the animal is exempt from receivinz a vaccine by a licensed veterinarian. As used herein, "antirabies vaeeine" means ehiek embryo modified live virus antirabies vaeeifiew 9.05.260 -Antirabies vaccination prerequisite to issuance of license. No license shall be issued for any dog unless the owner presents proof that the dog has been vaccinated with antirabies vaccine, as defined in section 9.05.258 within 24 months prior to the date of the application for such license. 9.05.262 -Pound Shelter and feeding fees. The city shall collect a $25.00 pound shelter fee, plus $3.50 per day for feeding each animal so impounded,plus any license fees due according to the provisions of§ 9.05.212. The pound shelter fee shall be $50.00 for the second impoundment of the animal within a calendar year under the provisions of this article; the pound shelter fee shall be $100.00 for the third such impoundment within a calendar year. 9.05.264 -Disposition of fees. All license and pound shelter fees collected pursuant to this chapter shall be paid into the general fund of the city. Article 3. -Hunting and Trapping 9.05.310 - Trapping of animals prohibited. It shall be a violation of this chapter for any person to trap, attempt to trap or aid and abet any person in trapping any animal, wild or domestic, within the City of Seward, provided, that this section shall not apply to the following persons or activities: A. Fa}Hunting,trapping, or capturing of animals or birds by city, state or federal law enforcement, game department or animal control personnel while engaged in the performance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research; B. {b}Hunting, trapping or capturing of rats, mice, shrews, or similar vermin; or C. (e)-The nonlethal live capturing of loose domesticated animals or birds by means designed to ensure the safety and well-being of the animals.Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. 9.05.315 -Hunting prohibited in par4£s city limits. No hunting, trapping or harassment of wildlife by any means or methods whatsoever will be permitted within . city limits, unless within areas designated by the chief of police as lawful for hunting. 221 9.05.410-Discharge of firearms. Except as provided below, it is unlawful for any person to knowin'-ly discharge any firearm, air rifle, air pistol,BB gun or dart mun within the city limits. 9.05.420-Exceptions. The provisions of Section 9.05.410 do not apply to: A. A peace officer actin-within the scope and authority of the officer's iob, B. Any person who is lawfully defendinz a person or property; C. Professional or public target ranzes specifically authorized by the city council, or indoor air-propelled arm tar,-et ran,-es; or D. The discharze of a firearm in areas open to the public for lawful huntin-with a firearm. Chapter 9.10 - Civil Defense and Disaster * * Footnote: See AS 26.20.010, et seq., for state homeland security and civil defense provisions; see AS 29.35.130 as to the establishment of emergency services communications centers. 9.10.010 -Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Civil defense. Preparation for and carrying out of all emergency functions other than functions for which military forces are primarily responsible,to prevent,minimize and repair injury and damage resulting from disaster. It shall not include nor does any provision of this chapter apply to any condition resulting from a labor controversy. Civil defense and disaster service worker. All city employees, all volunteers registered with the civil defense disaster organization, and any unregistered person pressed into service during the state of disaster or state of extreme emergency, by a person having authority to command the aid of the citizens in the execution of their duties. Disaster. Actual or threatened enemy attack, sabotage, air pollution, extraordinary fire, flood, storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the services,personnel, equipment and facilities of the city, and requires the combined forces of other local agencies to combat. Local peril, local emergency or local disaster. The existence of conditions within the territorial limits of the city, in the absence of a duly proclaimed state of emergency or state of disaster,which 222 conditions are the result of an emergency created by a great public calamity, such as extraordinary nuclear or chemical accident, fire, flood, storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the services, personnel, equipment and facilities of the city, and requires the combined forces of other local agencies to combat. State of disaster. The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by such condition as air pollution,nuclear or chemical accident, fire, flood, storm, epidemic, riot or earthquake, or other conditions, except as a result of war-caused disaster, which such conditions by reason of the services, personnel, equipment and facilities of the city, require the combined forces of mutual aid to combat. State of disaster does not include nor does it apply to any condition resulting from a labor controversy. State of extreme emergency. The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by an enemy attack, or threatened attack, or other cause such as air pollution,nuclear or chemical accident, fire, flood, storm, epidemic, riot or earthquake, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, and require the combined forces of mutual aid to combat. A state of extreme emergency exists immediately and without proclamation thereof by the governor whenever the state is attacked by an enemy of the United States or upon receipt of warning from authorized federal or state agency indicating that such an enemy attack is probable or imminent. A state of extreme emergency does not include, nor does any provision of this chapter apply to a condition resulting from a labor controversy. 9.10.015 -Purposes of chapter; expenditures. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city, in the event of a disaster from natural or man-made causes or acts of war, and to provide for the coordination of the civil defense and disaster functions of this city, with all other public agencies and effective private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed exclusively to be for the protection and benefit of the inhabitants and property of the city. 9.10.020 -Director—office created; powers generally. There is hereby created the office of director of civil defense and disaster. The city manager may be the director of civil defense and disaster. The director is empowered: A_�WTo request the city council to proclaim the existence or threatened existence of a local disaster or local emergency and determination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time; B. (2}To request the governor to proclaim a state of disaster or state of extreme emergency when, in the opinion of the director, the resources of the region are inadequate to cope with the disaster; 223 C. f(-JI}To control and direct the efforts of civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter; D. (4)-To direct coordination and cooperation between divisions, services and staff of civil defense and disaster organizations of this city and to resolve questions of authority and responsibility that may arise between them; E. (5)-To represent the civil defense and disaster organizations of this city in all dealings with public or private agencies pertaining to civil defense and disaster. 9.10.025 -Director powers in event of disaster or state of extreme emergency. In the event of the proclamation of disaster or local emergency, as provided in this chapter, or the proclamation of a state of disaster or a state of extreme emergency by the governor or the director of the state disaster office, the director is hereby empowered: A. (4}To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster or emergency; provided, that such rules and regulations must be confirmed at the earliest practicable time by the city council; B. O+To obtain vital supplies and equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof; and if required, immediately to commandeer the same for the public use; C. (3)-To require emergency services of any city officer or employee, and in the event of a proclamation of a state of disaster or state of extreme emergency by the governor in the region in which the city is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided for regular city employees; D. (4}To requisition necessary personnel, and material, of any city department or agency; E. (5)-In the event the city manager is appointed civil defense director, he is to execute all of his ordinary powers as city manager, and all of the special powers conferred upon him by this chapter, or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute, or agreement, approved by the city council,or by any other lawful authority,and to exercise complete authority over the city and to exercise all power vested in the city by the constitution and the general laws of the city charter. 9.10.030 - Organization—composition. All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, and organizations, and persons who may by agreement or operation of law, including persons pressed into service by provision of subsection (3) of section 9.10.025 shall be charged with duties incident to the protection of the life, and property, of the city, during such disaster, and shall constitute and be known as the civil defense and disaster 224 organization of the city. 9.10.035 - Organization—division, services and staff. A. (-r}The function and duties of the city civil defense and disaster organization shall be distributed among such divisions, services and special staff, if the city manager, acting as director of civil defense and disaster organization, or the director, shall prescribe. B. (b)-The city council shall, , adopt the civil defense and disaster organization's plan for the city, which: (1) Sets forth a form of organization; (2) Establishes and designates divisions and services; (3)Assigns, functions, duties,powers and responsibilities of the civil defense and disaster services personnel; (4) Designates services and the respective chiefs of services; (5)Establishes operational procedures to be carried out in the event of local disaster or emergency, or proclamation of a state of disaster or state of extreme emergency, as defined in this chapter. C. 0*1nsofar as possible,the form of the organization, titles and terminology shall conform to the recommendations of the state disaster office and disaster agencies of the federal government. 9.10.040 - Continuity of government; standby councilmembers. To provide for the continuance of the legislative and executive departments of the city in the case of a disaster, the city council shall appoint seven standby councilmembers who shall assume their positions in alphabetical order and who shall have the qualifications,tenure and duties and powers specified in chapter 3 of the Home Rule Charter of the city. BC: Has this been done historically? If it is being ignored, should be deleted from code. 9.10.045 -Acts prohibited during disaster. It shall be unlawful for any person, during a disaster: ,_{WWillfully, to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; B. (2}To do any acts forbidden by any lawful rules or regulations issued pursuant to this chapter, and such act as is of such nature as to be likely to give assistance to the enemy or imperil the lives and property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection 225 thereof. Chapter 9.15 - Fire Prevention Article 1. - General Provisions 9.15.110 UHifor-m Fire Code Adopted. 9.15.111 - 2012 2021 International Fire Code—Adopted. subseetion (b) below, published by the inter-national Code Couneil is hereby designated and shall be kHo-A,H as the Sewar-d Fire- Code, aHd shall eoHstitute the !a-A,s of the eit-y r-elated to fire pr-evention. Although not published in Nil in this seetion, all of the pr-ovisions of the !Htematiomil Fire Code aHd the appeHdiees eited shall be aHd ar-e hereby adopted by r-efer-enee to the same extent as if set for-th in Nil herein, exeept to the extent that the !Htematiomil Fire Code is ameHded by or-iH eoHfiiet with this eode or- imy r-elevimt or-dimm inter- adopted, in whieh ease the . . f this eode shall apply. (b) The folio-wing r-evi- to the inter-national Fire Code 2012 edition, hereinafter- sometimes referred to as WC iH its appfieafioH as the Sewar-d Fire Gode.2 • , aHd deviees, aHd f0om other- eoHditioHs hazar-dous to life aHd property, with the foliowiHg 2. The WC is r-evised by deleting all the r-efer-enees to the "!CC Eleetr-ieal Code or-NF-PA 70" aHd r-eplaeiHg them with "Eleetr-ieal Code as adopted by 8 AAG 70.025, as ameHded as 0 September- 27, 2008, and as amended fFom time to time." 3. The WC is r-evised by deleting all the r-efer-enees,with the exeeption of ehapter-s 6 and 7 of and r-epineing them with "Numbing Code as adopted by 8 AAC 63.010, as amended as o . , (Requir-ed oper-atioHal permits) is revised by deletiHg all operational permits exeept for- 105.6.14 Explosives, 105.6.30 Open buming, • • (Requir-ed eonstr-tietion permits) is revised by deleting all . , 226 eoHstr-tietioH permits exeept for-2 105.7.1 Atitomatie fire extiHgtiisher- systems, 105.7.6 Fire . . 105.7.15 StaHdpipe systems, , teHts rr shall be guilty of a rr. rr AS 12.55.rr • > rr rr to , rr related to the staff shall be elassified as a Gr-oup E r • > . defiHitioH of rr rr to r-ead2 rr 907.2.10, rr • > betm,eeH the first alld seeoHd paragraphs of the defiHitioH for- rr rrOeetipaHey rr to read! rr the Tom! See 405 rr sriczi-c,�s�,c�9-n-Tv�. • > SeetioH > (GeHer-al defiHitioHs) first seHteHee of the last paragraph of the defiHitioH rr rr above, ith > > shall be •r • > SeetioH > rr rr to read! rr above, with five or- fewer- > > • > SeetioH > 227 rr rr to r-eadi rr a 24 hour- basis to more thaH five ehildr-eH who are two alld oHe half years of age or- less-, rr • > SeetioH 202, rr rr is revised to read! rr elassifieatioH with five or- fewer- > > shall •r • > SeetioH 202, revised defiHitioH for- rr rr iH rr rr of rrOeetipaHey rr betweeH the first alld seeoHd paragraphs to read! rr the T F ! ., S .2116. Chapter- 3, SeetioH 307.2, (Permit r-equir-ed), is revised to read!0 ee cc�9ii-T 4vnc�z�rr rr Approval. The fire ehief of a registered depar-tmeHt haviHg jur-isdietioH, may allow a fire for- r-eeogHized silvietiltur-ftl or- r-aHge or- wildlife maHagemeHt > pests, boHfir-e• ApplieatioH, > must be rr OpeH flame. The use of opef+ wor-ship> > amttsemeHt, iffitntetioH, edtteatioH, > eoHstiltatioH with the registered fire depar-tmeHt haviHg rr rr !Hter-HatioHal Property rRzairrccrna'ircc-cvae. . • > > the first seHte El to r-ead2 rr immediately report the eoHditioHs to the registered fire depar-tmeHt haviHg rr rr rr rr 405.10 False eyaettatio i-d--iir • > SeetioH 405, > is revised by addiHg a He-A, SeetioH rr rr 228 SeetioH 405 1 n OeettoaHts c *"'rc'rssrsc:n'rcc 7 ies wher-e the oeetipaHts Heed physieal assistaHee from staff or- other- to r-espoHd t,& • 11EvaettatioH 11 safety. • 11PoiHt of Safety" a meaHs of eseape or- exit that eoHfor-ms to the r-equir-emeHts of this eode ftHd does Hot e r-etur-H to the area of the fire. for- lieeHsiHg the foeility. ChaHges to the evaettatioH eapability will be made by a fire eode offieialautomatie spr-iH!iler- system alld that is either- (1) withiH aH exit eHelosur-e meetiHg the safety,eoHdueted six times a year- oH a bimoHthly basis, with at least two dr-ills eoHdueted dur-iHg of date alld time of the > loeatioH of simulated fire > eseape pathsused, eapability> the uir-emeHts of the eode for- > F,.1�d. system,405.10.4.2, Slow evaettatioH eapabilit-y. EvaettatioH eapability of more thaH three but less addr-essable smoke > > system, with quiek 229 slo-A, eapability ttHder- seetioH 405.10.4.2; (b) oHe half hour- fire resistive eoHstr-tietioH evaettatioH assistaHee either- (i) to the exterior- at gr-ade level, to aH exterior- por-eh or- laHdiHg via a three foot six iHeh wide door-i or- (ii) if the sleepiHg r-ooms are separated &om the rest (Spr-iHkler- systems). " . , btiildiHgs) is revised by the additi-f-i-a- folf A. quibsepettio-a- to read " 408.3.5 False alams. False " fire appar-attis r-oadways for- every > buildifig, 720mm) of all por-tioHs of the faeility or- btiildiHg or- ally por-tioH of the exterior- wall of t of the btiildiHg or-moved iHto or- withiH the jur-isdietioH oH or- after- September- 15, 2001. The fire appar-atu . , to read! " .�� . , . 29. Chapter- 5, SeetioH 505.1, (Address Humber-s), the first seHteHee is revised to r-ead.2 " The ehief of the registered fire depar-tmeHt haviHg jur-isdietioH shall r-equir-e that all Hew alla existiHg btiildiHgs be provided with approved address > > or- approved btiildiHg ideHtifientioH visible from the street or- road fr-oHtiHg the property, or- oH the street or- road if the btiildiHg is Hot visible from the street or- ,, 30. Chapter- 5, SeetioH 505.2, (Street or- road sigHs) the first seHteHee is revised to r-ead2 " ehief of the registered fire depar-tmeHt haviHg jur-isdieti Pike streets alld r-oads to- be ideHtified with approved The 230 1 � y . . .. .. . . 1 1 1 mll . • 1 If 1 1 1 1 _ _ 1 i 1 ' 1 � .. lli . . .. 1 1 ' .. . . .. .. .. . 1 1 ' 1 1 _ 11 ' ' 1 1 1 • 1 1 1 1 i " ; C. All utilities are discenneete' and drained; The fire systems are eer-tified as operational before the building is r-eoeetipied; D. A 24 hour- a day fire wateh as defined in Seetion 202 is provided dur-ing the interim F. A letter- from the iHstir-aHee ear-r-ier- or-, the o-A,Her- if self iHstir-ed, iHdieatiHg kHowledge of the elosur-e is provided to the fire eode offieiah" 40. Chapter- 9, Seetion 901.5, (installation neeeptanee testing) is revised to read.! "Fire deteetioH alld alar-m systems, fire extiHgttishiHg systems, fire staHdpipe systems, alld other- fire pr-oteetion systems and appur-tenanees to those systems must meet the approval of the neeeptanee test r-equir-ed by the standard in Table 901.6.1 for- the system or- appur-tenanee. Fire hydr-aHt systems, fire pump systems, alld private fire ser-vi .itstalled as & . . mt by the fire ehief of the registered fire department having jur-isdietion, are the ehief-. The ehief must be notified before j testing, and all r-esults of the tests must be eoHveyed to the ehief-A,ithiH 30 days." seeond paragraph to read! "Super-seding other- eode or- standard r-equir-ements established by this seetioH, fire pr-oteetioH systems alld fire extiHgttisher-s must be iHspeeted, tested, alld ser-vieed as ronows. years;1. Annually. Exeeption! Standpipe systems must be inspeeted,tested, and ser-vieed every five 2. After- ally use or- ; 3. AHy time damage is ; 4. After- repair- or- ; ; 232 6 After- seasoHal shtitdo- ,H Reports of iHspeetioHs alld tests must be maiHtaiHed oH the premises, alld a eopy of t 1 11 , 42. Chapter- 9, SeetioH 901.7, (Systems out of ser-viee), the first seHteHee is revised to . 11 Mlher-e a r-equir-ed fire pr-oteetioH system is out of ser-,viee for- more thaH eight hour-s iH a 24 hour- period, aH impair-meHt plaH will be submitted to the fire depar-tmeHt alld the fire eode offieial immediately > > the btiildiHg shall either- be evaettated or- aH approved fire wateh shall be provided for- all oeetipaHts left tmpr-oteeted b�, 11 43. Chapter- 11 , , use of a fire wall or- barrier- does Hot establish a separate btiildiHg or- fire area for- pur-poses of thiset A. AH atitomatie spr-iHkler- system must also be provided for- every por-tioH of edtfeatioHat btiildiHgs below the level of exit disehar-ge. -B. Home Day Care uses that are lieeHsed to ear-e for- more thaH fiVe per-som betwem the hour-s of 10200 p.m. alld 6200 a.m. must be equipped with aH atitomatie spr-iHkler- system 44. Chapter- 11 , , 9 L12�r✓.cam 903.2.8, readrr water-with stays less thaH 30 days will be eoHsider-ed R 13R spr-iHkler- system thr-oughout the btiildiHg; a fire barrier- eaH be utilized to separate the s alld will be r-equir-ed to folio-A,this Jeetio . . 11 system iHstalled iH neeor-daHee with SeetioH 903.3.1.2 must be provided thr-oughout all btiildiHgs with a Gr-oup R 2 fire area that are more thaH two stories iH height, iHeludiHg basemeHts, or- that have more thaH four- d-A,el!iHg tiHits or- 16 sleepiHg 11 233 . , rr 903.3.1.1.2 Elevator-Hoist Ways alld A4aehiHe Rooms.sAlheH t 30 (Elevators alld CoHveyiHg Systems) alld NF-PA 13 Elevator- Hoist Ways alld Alnehi (A.S.M.E.) A17.1 Safety Code for- Elevators alld Esealator-s (2000 editioH) ftHd adopted by-9 AAG 77.005, > 2012 alld as ameHded from time to time alld the fire spr-iH!iler- head for-the top of elevator- shafts may have a globe valve iHstalled so the siHgle head eaH be tur-Hed off iH aH emer-geHey. The globe valve must be mar-ked aHd sealed or- gee ; • > aHd, rr (4) Fire extiHgttisher- is provided iH the elevator- maehiHe room. ., . to read! rr 903.3.1.1.3 (!Hspeetor-s test valve). A test valve will be iHstalled at the r-emote area iH both dr-y aHd wet systems to equal the r-equir-ed flow of oHe spr-iHkler- head. lH loeatioHs that use floor- eoHtr-ol valves the iHspeetor- test valve may be eolloented wher-e it eaH mztalxf'd t9 exterior--or- t9 aH c 49. Chapter- , SeetioH 903.3.6, rrthe fire eode rr alld r-eplaeiHg it with rrAS rr . , rr > as revised, > rr . , 907.1.2, (Fire alar-m shop dr-a-A,iHgs)is revised by addiHg the folio-A,iHg doetimeHts to those that must be submitted for- plaH r-eview.2 234 date. rr mamial fire alar-m system shall be iHstalled iH Gr-oup A 2 oeetipaHeies with RH oeetipaHt load of inn , more.rr . . 55. Chapter- , SeetioH 907.2.3, rr Rooms used for- sleepiHg or- H . . . - x Poses -A,ithiH a day ear-e use of a Gr-oup E oeetipaHey must be provided with smoke alar-ms that eomply with SeetioH rr 907.2.4, . 907.2.6.1, . 907.2.7, . 907.2.8.1, 907.2.9.1, 907.2.10.1, 907.7.2, paragraph to read! rr > > must be for-war-ded by the firm eoHdtietiHg the test to the divisioH of fire alld life safety or- the deferred jur-isdietioH haviHg rr 63. Chapter- 9, Seetioft 907.2.11, (Sifigle afid multi statioft smoke filar-ms)is revised by addifig a seeoHd paragraph to read! rr oeetipaHey, rr 907.8.1, > Hew seetioH to read! rr move, > The mafteamp must be eer-tified by aft appropriate fire system permit holder- to provide doettmeHtatioH that the system has beeH pineed baek i d is ready for- oper-atiow. System eer-tifieatioft doetimefitatioft is to be r-etaifted oft site afid available for- r- i x 235 50.025.11 after- the first seHteHee! rr off ea eh Nor- level." at the eHd of the paragraph! rr 4om a eommer-eial sour-ee, alld shall be equipped with a battery baelitip. Mlir-iHg shall be per-maHeHt aHd without a diseoHHeetiHg switeh other- thim what is r-equir-ed for- over-etir-r-eHt rr A eopy of the aeeeptimee test eer-tifieate must be for-war-ded to the divisioH of fire im-1 life safety or-the deferred atithor-ity haviHg jur-isdietioH by the firm eoHdtietiHg the test within 30 days of the eompletioH of the rr seHteHee of the exeeptioH! rras gover-Hed by the pr-ovisioHs of AS 11 70. Chapter- 10, SeetioH 1009.4, (Stair-way width)is revised by addiHg the f011o-A,iHg eNeeptioH to r-ead2 rr rr IH part of the exterior- stairs iH elimates with shall be desigHed to mi-Himize the irCetimulatio„ ,•Fn-vf the sHow uric 11 IH 11 73. Chapter- 10, SeetioH 1015.2.2, (Three or- more exits or- eXit Reeess door-'A,Rys) is revised by 11 Mlher-e aeeess to three or- more exits is r-equir-es,the separ-atio* distaHee of the third exit door- or- exit neeess door-way shall Hot be less thaH oHe third of the leHgth of the maximum over-all diagoHal dimeHsioH of the ar-ea 11 74. Chapter- 10, Table 1018.1, (Cor-r-idor- fire r-esistimee r-atiHg) is revised by addiHg footHote 11 11 to read! 11 R 2 oeetipaHeies shall be permitted to have a oHe hour- rated eor-r-idor-withotA 236 C. is less thaH three stories iH B. Serves iess thim Four- ",el!iHg tiHits or- 16 or- more sleep r-oomsi " meaHs of egress." . , " ies, used exelusively for- the basemeHt or- first level belo-A, the first story must hRW at least two exits ar-r-aHged as deser-ibed iH SeetioH 1015.2. For- pur-poses of this BasemeHts or- the first level below the first story iH all oeetipaHeies exeept Gr-oup R 3 storage > > mniHteHaHee offiees, alld similar- uses may Hot be eoHsider- . , . . , seHteHee is revised to read! (DispeHsiHg of flammable alld eombustible liquids) the !a • > SeetioH 2005, 2005.8. . , to r-ead2 " . , " eapaeify of 250 galloHs or- less may be used for- HoH eommer-eial r-eNe!iHg of private HoH- A. > the type of CHO eoHtaiHed iH the taHli, aHd the-taHk eapaeify B. The tank and all appur-tenanees used in the Neling operation are listed and approved for- �� . > > revised by adding an item 6 to read! above gr-ade) is. 6. Approved above gr-ound atmospher-ie tanks may be 237 A. TaHks must be loeated as r-equir-ed for- rr rr by Table 2306.2.3; B. TaHks must be eHelosed by a six foot high iHdtistr-ial type ehftiH liHk feHee With of two neeess gates loented at opposite side of the eHelosur-e. Eneh gate must be at least 3-6 iHehes wide. There must be a or-kiHg distaHee of fi-ve feet betweeH the taHk the feHe . , (Leak deteetioH)is revised by addiHg aH exeeptioH to read.! rr wall steel with all welded joiHts, dieleetr-ie eontiHg, alld eathodie rr . , rr Wher-e oil separators or- traps. > > > or- othe-r- •r . , revised seHteHee rr rr . , (Stiper-visioH) is revised by addiHg to the eHd of the seHteHee rr rr rr storage,doettmeHtatioH of the elostir-e plaHs for- the ter-miHatioH of the use, or- haHd!iHg of hazar-dous materials at least 30 days before the ter-miHatioH. The fire ehief is ftt"off-i—zed— to 500 c 1 alld cnnl c 2 rr 88. Chapter- , SeetioH 5601.1, (Seope) is revised to iHser-t rraHd AS rr rr The rr 89. Chapter- , SeetioH 5601.1.1, (Explosive material staHdar-d) is revised to r-ead.2 rr Iff additioH to the r-equir-emeHts of this ehapter-, Sewar-d City Code Chapter- 9.15, Ar-tiele 3 alld > > storage, sale, haHd!iHg alld use of explosive materials." 5601.1.3, revised, , rr The maHufaetur-e, storage, sale, haHd!iHg alld use of fir-e-wor-lis is prohibited exeept as allowed ciz his eetioH • ll•7 AS 1 4.72.rr . , 238 rr Tr-aHspor-tatioH. Explosive materials must be tr-aHspor-ted iH aeeor-daHee with 49 C.F.R. Parts 100 185. No per-soH may sell > possess, or- tr-aHspor-t fir-e-wor-lis for- sale, eoHdtiet a fir-e-wor-lis display deser-ibed iH paragraph 5602.4.2 of this > , tr-aHspor-t or- test daHger-ous fir-e-wor-lis for- sueh a display, uHless the per-soH holds a valid 92. Chapter- 56, SeetioH 5601.2, (Permit r-equir-ed) is revised to read! rr Permits shall rr rror- AS rr . , (Sale alld retail display) is revised by deletiHg the -A,or-ds rr explosives, explosive materials, or- rr rr explosives alld explosive materials." rr FIREMIORKS RETAIL SALES AND DiSPLAVS.ff . , (GeHer-al) is revised by addiHg a seeoHd paragraph to read-- "Retail sales of salable fir-e-wor-lis must eomply with SeetioH rr 98. Chapter- 56, SeetioH 5608.2, (Permit applientioH) is revised to read! rr Permit applientioH. 105.6 of the lFG.2 > to sell, > r sell,to sale, retail;1AG (d) a fir-e-Alor-lis eveHt permit for- eneh eveHt iHvolviHg publie or-private display of RHY amottHt (2) A lieeHse or- permit ttHder- (a)(1) (4) of this paragraph must be obtaiHed from the state fire r 239 marshal'sfire marshal'sregistered fire departmeHt iH the jurisdietioH where the testiHg will oeetir. r-eeeived by the fire permit ttHder- (a)(5) of this paragraph must be issued before the r-outiHe testiHg oeetirs. (a)for a lieeHse or permit ttHder-(a)(1)or(2)of this paragraph,proof of iHstir-mr. liability i > > for Hot less thaH $1,000,000 > > ; (5) Aft applieatioft for a retailers permit tifider (a) (2) of this paragraph or for a fireworks site;state fire marshal, sho-A,iHg alld deseribiHg the sales loeatioH or display (6) AH applieatioH for a pyr-oteehHie operators permit ttHder- (a)(3) of this paragraph must iHelude proof satisfaetory to the state fire marshal that the applirm (a) has passed a -A,r-itteH examiHatioH admiHistered by the state fire marshal; alld iH this state or holds a valid pyr-oteehHie operators permit or lieeHse from allother- state. (7) AH applieaHt for a fireworks eveHt permit ttHder- (a)(4) of this paragraph or for testiHg ttHder- (a)(5) of this paragraph must hold a valid pyr-oteehHir. operators permit tmder of this paragraph. 99. Chapter 56, SeetioH 5608.2, (Permit applieatioH) is revised by addiHg R fie-A, SeetiOff 5608.2.3 to read! r r rr that,of salable fireworks is void if the iHteHded plaee of sale or use of the permit is withiH a jurisdietioH > has prohibited the sale or use of fireworks or if the permit holder > traHsports, or delivers fireworks to a jurisdietioH that by or-diHaHee has- prohibited the sale or use of fireworks. The State Fire Alarshal may r-evoke a permit or lieeHse if the date set ift the or-der—, 18.72 or the fire eode r-egulatioHs i-H this ehapter iH the same ealeHdar year; or 240 sale,(3) the per-mittee or- lieensee eonduets business in a way that presents an immediate threat to life or- property. State Fire Alar-shal, who will r-eview the r-evoeatioH alld issue a -A,r-itteH deeisioH withiH 10 days after- the appeal. The appeal must be postmar-lied withift seveft days follo-Wifig the dft may fiot apply for- or- be gr-aHted a Hew permit or- lieefise for- the or- display of use, . , " deHsity plastie pipe, or- metal other- thaH east " . , to r-ead2 " prohibited withiH Sewar-d City 5608.11 Retail display alld sale. The retail display ftHd sfile Of fir-e-WOr-lis shfill be . , . . , seHteHee to . "This . " iHstaller- shall submit plaHs for- r-eview before iHstallatioH iH neeor-daHee With 13 AAC 50.027.11 e 241 ; System;Dwelling Units; N.F.P.A. 2001 2012 Clean agent fire extinguishing syste 106. Appendix A,-Board of Appeals,is adopted and r-evised to read! rr of appeals shall be established withiH the jur-isdietioH for- the pur-pose of hear-iHg applieatioHs. for- modifiention of the r-equir-ements of thee international Fire Code. The pr-oeedur-e for- t board of appeals is established iH Sewar-d City Code, Chapter- > > SeetioH rr The r-emainder- of Appendix A is deleted. "APPENDIX PPENDIX K FIRE STATUS D>G PO TTN!''rr provide a legible eopy of all fire system ser-viee reports to the elosest Fire alld Life Safety Offiee as adopted and amended to the 2 12 WC as listed below. Exeeption! industr4al oeetipaneies with a fire system pr-eventive maintenanee program approved by the DivisioH of Fire alld Life Safet�- K102, (Stattis 1) Systems out of ser-viee or-Major-DefieieHeies 2 The fire ser-viee eompaHy shall immediately eontnet the elosest State Fire Alar-shal Offiee, if the system eannot be r-etur-ned first business day.sAIr-itten notifiention shall be faxed to the elosest State Fire Alar-shal Offiee K102.1, Cor-r-eetive AetioH time2 Status I reports shall be r-epair-ed immediately; K102.1.1, For- example but Hot limited to2 K102.1.1.1, Fire Spr-inkler- or- Water- Based 242 2. Damage to fire department eonneetions. 3. No water- to system. 4. Frozen or- other-wise damaged system. K102 Fire Pumps- . , 1. Non wor-king fire pumps. K102. , . , lCitehen Hood Fire Systems: System:1. System eylinder- is not rehar-ged or- leaking. 3. -Plugged disehar-ge nozzles. 5. Gas or- eleetr-ie not shutting down. 1. System eylinder- is not rehar-ged or- leaking. 2. Releasing panel not Nnetionah K103, (Status 2) Systems that have er-itien! defieieney reports shall be pr-ovided to the eloses-t Fire alld Life Safety Offiee withiH 14 days. 243 K103 . , . K103. , For- example (but Hot limited to).2 . , . 1. Five or- more paiHted spr-iHkler- heads iH a eoHeeHtr-ated area or- more thaH 10 iH a ffteility. 2. ChaHge of use that will affeet the per-for-maHee of the spr-iHkler- system. 3. Low water- pr-esstir-e-. 4. AHy other- major- problem that will aMet the per-for-maHee. Fire Pumps- . , 3. Fire pump room below 40 degrees. 4. Fire pump Hot meetiHg its rated disehar-ge pr-essur-e or- CPA! flo-A, OVer- R 10 per-eeHt 5. AHy other- major- problem that will affeet the per-for-maHee. K103 . , 2. No monitoring on r-equir-ed system. 3. Audio and vistial deviees not wor-king tip to three deviees, over- three deviees status 1. Batteries over-due for- r-epineement. 4. Deteetion not wor-king tip to three deviees, over- three deviees status . 5. Any other- major- problem that will affeet the per-for-manee. K103 . , Kitehen Hood Fire Systems: 1. Hood and duets with heavy gr-ease buildup-. 2. Any other- major- problems that will affeet the per-for-manee. 244 K104, (Status 3) Alinor- defideney reports shall be pr-ovided to the elosest State Fire K104 . , . K105.1 System ser-viee reports shall have the folio-A,iHg iHfor-matioH oH them.2 1. iHspeeti y Hame shall be pr-iHted oH all reports with address alld phoHe K105, (Status 4) System with Ho defieieHeies shall be reported to the elosest State Fire 2. iHspeetor- s first alld last Hame shall be pr-iHted with State of Alaska fire systems permit 4. defieieHeies shall be typed or- -A,r-itteH alld shall be pr-iHted text. No efir-sive or- !oHghaHd haHd-A,r-it* table. Reports shall be -A,r-itteH with a miHimum liHe spaeiHg of a X8 • all reports shall have btiildiHg Hame, oee eeted, oH the first page, alld all subsequeHt pages shall have the bttildiHg Hame ftHd date of iHspeetioH oH the top of the page; 6. all reports shall have the btiildiHg eoHtnet per-soH's Hame with telephoHe Humber- oH the 7. oHly white alld yellow eopies will be aeeepted by the state divisioH of fire ftHd life safety reports submitted; the problem. items haviHg miHor- defieieHeies shall be mailed withiH 30 days to2 State DivisioH of Fire ftHd Life Safety 5700 E. > ; Road, ; 2760 Sher-woodT .,He, Ste_2 u,AtHea t, AK( 9801; PhoHe (lir�rv-7 465-4331 Fax 5521 Systems out of ser-viee alld those with major- defieieHeies shall have a report faxed to the 245 elosest state divisioH of fire alld life safety offiee alld mailed immediately WithiH OHe dfty tO- (Eff, > ; > ; > ; Register- 126i am 8MV96,Register- 139i am > ; am 9454001, ; am > ; > ; (e) The City of Sewar-d shall possess three eopies of the eity desigHated editioH of t !Htematioml Fire Code for- publie > iHspeetioH, A. The International Fire Code, 2021 Edition (IFC) Chapters 13-19, 41-49, 52, and 68-79 are reserved The International Fire Code 2021 Edition (IFC), Chapters I - 12, 20- 40, 50- 51, 53-67, and 80 and Appendices B-I,K,L, and N as approved and published by the International Code Council, and addin,-appendix KK, except as provided in subsection D of this section, are adopted by reference, and hereby desi,-hated and shall be known as the Seward Fire Code and shall constitute a portion of the laws of the City relatin,- to buildin,- re-elation except to the extent that the International Buildin,- Code as adopted by the City shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of the International Fire Code as adopted by the City shall prevail. B. The City of Seward shall possess three copies of the City desi,-hated edition of the International Fire Code, for public use, inspection and examination, so lon'- as the provisions thereof remain in force: one copy is kept in the Seward City Library (239 Sixth Ave) and two sets are kept at the Seward Fire Station (316 Fourth Ave, Seward,AK 99664). C. Copies of the NFPA Standards may be obtained from the National Fire Protection Association, I Batterymarch Park, Quincy, MA 021 69-74 71 or at www.nfpa.or,-. D. Copies of the International Fire Code 2021Edition (IFC) may be obtained from the International Code Council Inc., 900 Montclair Rd, Birmin,-ham,Alabama 35213; Telephone: (888) 422-7233 or at www.iccsafe.or,-. E. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or equip any buildin,- or structure in the city, or cause or permit the same to be done, contrary to any provision of the International Fire Code adopted and incorporated as the Seward Fire Code by this section. F. The International Fire Code (IFC), 2021 Edition, adopted in Subsection A of this section is adopted by reference to re,-elate all occupancies and buildin,-s for the safe,-uardin,- of life and Property from the hazards of fire and explosion arisin,-from the stora,-e, handling, and use of hazardous substances, materials, and devices, and from other conditions hazardous to life and Property, except that the IFC is revised by deletin,-all the references to "ICC Electrical Code " or "NFPA 70" and replacin,- those references with "Electrical Code as adopted by 8 AAC 246 70.025, as amended as of April 16, 2022"and the IFC is revised by deletin,- all references to the "International Plumbin,- Code"and replacin,- them with "Plumbin,- Code as adopted by 8 AAC 63.010, as amended as of April 24, 2020" and the IFC is revised by deletin,- all the references to 'International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7.Additionally, the IFC is chanted with the followin,-revisions: (1) Chapter 1, (Administration) of the IFC, Section 101.1 (Scope and-eneral requirements) is revised to chanze:[NAME OF JURISDICTION]to City of Seward. (2) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by addinjz a new sentence to 105.4.1 to read: "In addition to two sets of printed construction documents, one electronic copy shall be submitted' (3) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by addin,- a new section 105.4.2.2 to read: "105.4.2.2 Fire system plans shall be desi,-ned by a State of Alaska Fire System Permit Holder Level IC,IIC or IIIC in accordance with AS 18.70.090 and 13 AA 50.027 or a professional fire protection enzineer, mechanical enzineer or electrical engineer rezistered under AS 08.48. Plans shall include the followin,-on each drawin,-: 1. Orizinal si,-nature and date on professional seal, or dijzital signature and date on Professional seal. 2.State ofAlaska Fire System Permit license number with permit level desi,-nation or Enzineer license number; and date. (4) Chapter 1, (Administration) of the IFC, Section 105.5 (Required operational permits) is revised by deletin,- all operational permits except for: 105.5.16 Explosives, 105.5.17 Fire Hydrants and valves, 105.5.32 Mobile food preparation vehicles, 105.5.34 Open Burnin,-, 105.5.36 Open flames and candles, 105.5.40 Plant extraction systems, 105.5.41 Private fire hydrants 105.5.42 Pyrotechnic special effects material, 105.5.49 Temporary membrane structures and tents. And addin,- to the last sentence to read. Any fees associated with an operational permit are set by Resolution by the City of Seward Council. (5) Chapter 1, (Administration) of the IFC, Section 105.6 (Required construction permits) is revised by deletin,- all construction permits except for: 105.6.1 Automatic fire extinguisher systems, 105.6.6 Fire alarm and detection systems and related equipment, 105.6.7 Fire pumps and related equipment, 105.6.11 Gates and barricades across fire apparatus access roads, 105.6.17 Plant extraction systems, 105.6.18 Private fire hydrants, 105.6.19 Smoke control or smoke exhaust systems, 105.6.21 Special event structure, 105.6.23 Standpipe systems, 105.6.24 Temporary membrane structures, tents and canopies. (6) Chapter 1, (Administration) of the IFC, Section 107(Fees) is revised by addin,-a sentence at the end to read: "Plan review fees for construction, alteration, repair, or chap,-in,- the occupancy of a buildin,-, a substantial land structure, or structure reg-ulated by the authority 247 havin,-iurisdiction, to include that of Fire system plan review, will be included in the Building Permit fee covered in the International Buildin,- Code Section 109 and SCC. If work is being done contrary to the provisions of this section, the City may order the work stopped by notice in writin,-served on any persons en,-a,-ed in or causin,- the work to be done. The persons doin,- the work shall immediately stop the work until authorized by the Fire Chief or buildin,-official to proceetL" (7) Chapter 1, (Administration)of the IFC,Section 111 (Means ofAppeals)is amended to delete the entire section and replace it with "Appeals of orders, decisions or determinations made by the Fire Chief or buildin,-official relative to the application and interpretation of this code shall be in accordance with Seward City Code Section 9.15.112' (8) Chapter 1, (Administration) of the IFC, Section 112.4 (Violation penalties) is revised by deletin,-: "shall be -uilty of a[specify offensel,punishable by a fine of not more than famountl dollars or by imprisonment not exceedin,- [number of days], or both such fine and imprisonment"; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." (9) Chapter 1, (Administration) of the IFC, Section 113.4 (Failure to comply) is revised by deletin,- "subiect to fines established by the authority Navin,- iurisdiction" and replace with "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." (10) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition of "airport" is revised by deletin,- "with an overall len,-th -reater than 39 feet (11,887 mm) and an overall exterior fuselaze width-reater than 6.6 feet(2,012 mm)". (11) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition for "occupancy classification", the introductory Ian,-ua,-e of the sub-definition of "Educational Group E: Group E, day care facilities" is revised by addin,- a sentence at the end to read. "Family child care homes occupied as their primary residence (Group R-3) operatin,-between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any a,-e without conformin,-to the requirements of a Group E occupancy except for (1) smoke alarms as described in Section 907.2.11.2; (2) carbon monoxide detectors and alarms as specified in Section 908 adherin,- to AS 18.70.095; (3) means of a,-Tess requirements of Section 1003, includin,- emergency escape and rescue openin'-s, as required by Section 1029, in nappin,- or sleepin,-rooms; and(4) fire extinguisher requirements as described in the IFC." (12) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) Occupancy Class, [BGI Residential Group R-3, Lod,-in,-houses (transient) with five or fewer muestrooms and 10 or fewer occupants, is revised to add at the end of the sentence: "with no provisions for cookie,- or warmin,-food in the -uest rooms." (13) Chapter 3, (General requirements)of the IFC,Section 307.2 (Permit required) is revised to read. "Approval. The fire chief may allow a fire for recomnized silvicultural or ran,-e or wildlife mana,-ement practices, prevention, or control of disease or pests, or a bonfire. An application, 248 as required by the fire chief, must be presented by the owner of the land upon which the fire is to be kindled before kindlin,-that fire.' (14)Chapter 3, (General requirements)of the IFC,Section 308.1.1 (Where prohibited)is revised by addin,- a new sentence at the end to read: "No person shall release or cause to be released any unmanned free-floatin,-devices on land, in the air, or on water; containin,-an open flame or other heat source, including sky lanterns." (15) Chapter 3, (General requirements) of the IFC, Section 308.3 (Group A occupancies) is revised to read. "308.3 Group A occupancies. The use of open flame in connection with a public meetin,- or -atherin,- for the purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaitin,-transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the fire department." (16) Chapter 3, (General requirements) of the IFC,Section 311 (Vacant Premises) is revised by deletin,-Section 311.5 (Placards); 07) Chapter 4, (Emer-envy plannin,- and preparedness) of the IFC, Section 401 (General) is revised by addin,-a new section to read: "401.3.4 False alarm char,-es. The owner of a buildink containin,- a fire alarm or fire protection systems shall pay a char,-e in accordance with SCC 9.15.150 for false alarms to which the fire department responds. As used in this Section, "false alarm"means an alarm si,-nal-enerated by a fire alarm system reporting an alarm for which no fire or emer-ency actually exists, and includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include incidents where the detector or system operated as desi,-ned, such as but not limited to, a smoke detector soundin,- from someone smokin,- under the detector or a manual pull station bein,-pulled". (18) Chapter 4, (Emer-ency plannin,- and preparedness) of the IFC, Section 403.4 (Group E occupancies) is revised by addin,- a new section "403.4.4 False Alarms to read: `False alarms may not be counted as a fire drill for the purpose of this section'." (19) Chapter 4, (Emer-ency plannin,-and preparedness) of the IFC,Section 403.9.2.1 (Colleze and university buildin,-s) is revised by addin,-a new section "403.9.2.1.3 False Alarms to read: `False alarms may not be counted as a fire drill for the purpose of this section'. " (20) Chapter 4, (Emer-ency plannin,-and preparedness) of the IFC,Section 405.3 (Frequency) is revised by adding a second sentence at the end of the section to read. "False alarms may not be counted as a fire drill for the purpose of this section." (21) Chapter 4, (Emer-ency plannin,- and preparedness) of the IFC, Section 407.1 (General) is revised to read: "407.1 General. The provisions of Sections 407.2 through 407.7 shall be applicable, in the discretion of the fire chief." (22) Chapter 5, (Fire service features) of the IFC, Section 501.3 (Construction documents) of the IFC, is revised by addin,- a second Para,-raph to read. "The fire chief may require fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire 249 protection and utility equipment identification and access, and emergency responder radio coveraze in accordance with this chapter. Documentation shall be provided indicatin,-that the fire chief has been involved in discussion re,-ardin,- fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access, and emergency responder radio coverage.': (23) Chapter 5 (Fire service features) of the IFC, Section 507(Fire protection water supplies) of the IFC, amend Section 507.1 by addin,-the followin,-exceptions: "Exception: In areas of the City not served by a water utility the followin,- structures do not require a water supply: 1.Detached one-and two-family dwellin,-s re,-ulated by the International Residential Code and protected throu,-bout by an approved automatic fire sprinkler system; 2. Structures accessory to detached one- and two-family dwellin'-s and re,-ulated by the International Residential Code Navin,-3,000 square feet or less -ross floor area; 3. Structures classified as a Group U occupancy in accordance with the International Building Code having 3,000 square feet or less -ross floor area; 4. Structures classified as a Group U occupancy in accordance with the International Building Code in excess of 3,000 square feet of,-ross floor area and protected throu,-bout by an approved automatic fire sprinkler system; 5. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type I-A or I-B construction in accordance with the International Buildin,- Code; 6. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type II-A construction when Type II B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Buildin,-Code; 7. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type III-A construction when Type III-B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Buildin,-Code; and 8. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type V-A construction when Type V-B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Building Code." (24) Chapter 5, (Fire service features) of the IFC, Section 507.5.1, (Where required) is revised to read. "507.5.1 Where required. Where a portion of the facility or buildin,- hereafter constructed or moved into or within the City is more than 250 feet(76.20 meters)from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the buildin,-official or fire chief." This section is further revised by deletin,-Exceptions 1 and 2. (25) Chapter 5, (Fire service features) of the IFC, Section 507.5.2 (Inspection, testing and maintenance) is revised to add to the last line, "in accordance with NFPA 291." 250 (26) Chapter 6 (Buildin,- Services and Systems) of the IFC, Section 606.3.3.2 (Grease accumulation) is revised to read. "606.3.3.2 Grease accumulation. If durin,-the inspection it is found that hoods. grease-removal devices, fans, ducts or other appurtenances have an accumulation of-rease, those components shall be cleaned in accordance with NFPA 96 or ANSIAKECA CIO for cleanin,-only. (27) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 901.2 (Construction documents) is revised by addin,- a new sentence at the end to read. "A copy of the completed fire system construction documents shall be kept safe and secured near the riser for the life of the system and available for inspection.' (28) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.4 (Installation) is revised by adding an exception to read. "Exception: Buildin,-s temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. The building is unoccupied, 2. The building is properly secured, 3. All utilities are disconnected and drained, 4. The fire systems are certified as operational before the buildin,-is reoccupied, 5. A 24-hour-a-day fire watch is provided durin,- the interim between when utilities are reactivated, and the fire systems are certified as operational, 6. The fire chief or buildin,-official is notified in writin,-of the closure; and 7. A letter from the insurance carrier, or the owner if self-insured, indicatin,-knowledze of the closure is provided to the fire chief or buildin,-official." (29) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.5 (Installation acceptance testin,-) is revised to read. "901.5Installation acceptance testin,-. Fire detection and alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority Navin,- iurisdiction as to installation and location, and are subject to the acceptance test required by the standard in IFC Table 901.6.1 for the system or appurtenance. Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conductin,-the test to the deferred authority having iurisdiction. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief are subject to the acceptance tests as contained in the installation standards and as approved by the fire chief. The fire chief must be notified before any required testin,-, and all results of the tests must be conveyed to the fire chief within 30 days." (30) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.6 (Inspection, testin,-and maintenance) is revised by addin,-a second paragraph to read. "Supersedin,-other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows: 1. Annually; Exception:Standpipe systems must be inspected, tested, and serviced every five years; 2. After any use or activation; 3. Any time damage is found, 251 4. After repair or alteration; 5. When required by the fire chief or buildin,-official; and 6. After a seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and within 30 days after the inspection or test bein,-completed, a copy of the test report must be forwarded by the person conducting the inspection or test to the fire chief or buildin,- official. The annual fire extin,-uisher testin,-may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(d)." (31) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 901.7(Systems out of service) of the IFC, the first sentence is revised to read. "Where a required fire protection system is out of service for more than ei,-ht hours in a 24-hour period, an impairment plan shall be submitted to the fire chief immediately. Where required by the fire chief, the building shall either be evacuated, or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. A daily fire watch lom will be submitted to the fire chief for each 24-hour period." (32) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 903.2.3 (Group E) is revised to read. "903.2.3 Group E. An automatic sprinkler system must be provided throu,-bout all buildin,-s with Group E occupancies. The use of a fire wall or barrier does not establish a separate buildin,-or fire area for purposes of this section.As determined by the fire chief or buildin,- official an automatic fire-extinmishin- system approved under Section 904 shall be installed in a Group E occupancy in accordance with Section 903.2.3, whenever alterations or additions are made to an existing structure containin,-a Group E occupancy Exception:Buildin,-s with Group E occupancies having an occupant load of 50 or less. An automatic sprinkler system must also be provided for every portion of educational buildin,-s below the level of exit discharge. Family childcare homes that are licensed to care for more than five persons between the hours of 10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system desi,-ned and installed as described in Section 903.3.1.3 or an equivalent system approved by the fire chief or buildin,-official." (33) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 903.2.8 throu'-h 903.2.8.3 is revised to read. "903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throu,-bout buildin,-s containin,- Group R occupancies as provided in this section. 903.2.8.1 Group R-1.An automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-1 occupancy. 903.2.8.2 Group R-2.An automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-2 occupancy. 252 Exceptions: 1. Buildin,-s that are no more than two stories in hei,-ht, including basements and contain four or fewer dwellin,- units. 2. Buildin,-s that are no more than two stories in height, including basements and contain 16 or fewer sleepin,-rooms. For the purpose of this section, fire walls may be used to create up to three separate attached buildin,-s. Any additional buildin,-s must be physically separated in accordance with International Buildin,-Code (IBC) Table 602, as adopted by reference in 13 AAC 50.020. 903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-4 occupancy." (34) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.3.6 (Hose threads) is revised by deletin,- "the fire code official"and replacing it with "AS 18.70.084" (35) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.5 (Testin,-and maintenance) is revised by addin,- a new Section 903.5.1 to read. "903.5.1 Camp relocations. On each portable or relocatable camp move, a plumber certified under AS 18.62 may disconnect and reconnect the fire suppression system. The camp must be certified by an appropriate fire suppression permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. Fire suppression system certification documentation is to be retained on site and available for review upon request.Annual requirements are still required by this code as adopted by reference in 13 AAC 50.025." (36) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903 (Automatic Sprinkler Systems) is revised by addin,-a new Section 903.3.9 to read: "903.3.9 Seismic Desi,-n. Fire sprinkler systems shall have a minimum seismic design coefficient Cp of 0.72 or greater as by NFPA 13." (37) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.4 (Sprinkler system supervision and alarms) is revised by amendin,- exception number I by addin,- the followin,-to the end of the sentence: "not used as an assisted living or custodial care facility." (38) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 904.1 (General) is revised by addin,-a new sentence at the end of the paragraph to read. "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conductin,-the test to the authority havin,-iurisdiction. (39) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 904.13.5.2 (Extin,-uishin,- system service) is revised by replacin,- "not less frequently than every six months"with "annually". (40) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 906.1 (Where 253 required) is revised by deleting the exception in item 1. (41) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 907.2.3 (Group E) Exception I is revised by replacin,- "50"with "49". (42) Chapter 9, (Fire Protection and life safety systems of the IFC,Section 907.2.11.2 (Groups E,R-2,R-3,R-4, and I-1 1 is revised by addin,-a reference in the section heading to Group E, as indicated, and addin,- a second paragraph to read. "Rooms used for sleeping or napping purposes within a daycare use of a Group E occupancy must be provided with smoke alarms that comply with this section. (43) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.2.11.5 (Interconnection)is revised by addin,-a new Para,-raph to read. "If more than 12 smoke alarms are interconnected the interconnectin,- means must be supervised in accordance with NFPA 72.►► (44) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.7.2 (Record of completion) is revised by adding a second paragraph to read. "Within 30 days after the completion of the installation, a copy of the acceptance test certificate verifyin,-completion in accordance with NFPA 72 must be forwarded by the firm conductin,- the test to the authority havin,-iurisdiction." (45) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.8 (Inspection, testin,- and maintenance) is revised by addin,- a new Section 907.8.6 to read. "907.8.6 Camp relocations. On each portable or relocatable camp move, an electrician certified under AS 18.62 may disconnect and reconnect the fire alarm system. The camp must be certified by an appropriate fire system permit holder under AS 18.70.090 and 13 AA 50.035 to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request. Annual requirements are still required under this code as adopted by reference in 13 AA 50.025." (46) Chapter 9, (Fire protection and life safety systems)of the IFC,Section 909.18(Acceptance testin,-) is revised by addin,- a new sentence at the end of the parawaph to read. "Within 30 days after the completion of the installation, a copy of the smoke control system acceptance testing certificate must be forwarded by the firm conductin,- the test to the authority havin,- iurisdiction.' (47) Chapter 10, (Means of a,-Tess) of the IFC, Section 1001.1 (General) last sentence of the Paragraph is revised by adding at the end "as governed by the provisions ofAS 18.70.080" (48) Chapter 10, (Means of a,-Tess) of the IFC, Section 1009.2 (Continuity and components) is revised by addin,- a component, "11. In all occupancies, surfaces and landin'-s which are part of the exterior a,-Tess to include stairs, ramps, or balconies shall be desi,-ned to minimize the accumulation of snow or ice." 254 (49) Chapter 10, (Means of e,-ress) of the IFC, Table 1020.2 (Corridor fire-resistance rrtin,-) is revised by insertin,- a superscript "e" footnote reference after "R" in the "occupancy" column and is revised by addin,- footnote "e" to read. "R occupancies with an occupant load -reater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not have a sprinkler system and 1. serve four or fewer dwellin,- units or 16 or fewer sleepin'-rooms; and 2. are less than three stories in hei,-ht."; (50) Chapter 10, Section 1031.2 (Where required) of the IFC, is revised by replacin,- the first sentence to read. "In addition to the means of egress required by this chapter provisions shall be made for emergency escape and rescue openin,-s in Group R and I-1 occupancies." (51) Chapter 10, (Means of e,-ress) of the IFC, Section 1031.2 (Where required) is revised by deletin,-Exceptions I & 3. (52) Chapter 11, (Construction requirements for existin'- buildin'-) of the IFC, Section 1103 (Fire safety requirements for existin,- buildin,-) is revised to add Section 11.03.11 to read. "11.03.11 Monitoring. Monitorin,- shall be provided for all existinz occupancies with fire sprinkler or fire alarm systems. Fire sprinkler system monitorin,- shall comply with Sections 903.4 and 903.4.1. Fire alarm monitorin,-shall comply with Section 90766" (53) Chapter 20, (Aviation Facilities) of the IFC, Section 2006.3 (Construction of aircraft- fuelin,- vehicles and accessories) of the IFC, is revised by addin'- an exception to read. "Exception:A vehicle or trailer tank with a capacity of 250-allons or less may be used for non- commercial refuelin,-of private non-commercial aircraft if the followin,-requirements are met. 1. The tank is placarded with no smokin,-si,-ns, the type of fuel contained in the tank, and the tank capacity; 2. The tank and all appurtenances used in the fuelin'-operation are listed and approved for the specific purpose; and 3. Electrical bondin,-is provided as required under Section 2006.3.7." (54) Chapter 23, (Motor fuel-dispensin,- facilities and repair -ara,-es) of the IFC, Section 2311.2.3 (Draina,-e and disposal of liquids and oil-soaked waste)is revised by addin,-a sentence at the end of the Para,-raph to read. "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." (55) Chapter 50, (Hazardous materials meneral provisions) of the IFC, Section 5001.6(Facility closure) is revised by addin,-new sentences at the end of the Para,-raph to read. "The fire chief may require the documentation of the closure plans for the termination of the stora,-e, use, or handlin,- of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include an approved facility closure plan in accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous 255 Materials Mana,-ement Plan and Hazardous Materials Inventory Statement indicated in Sections 5001.5.1 and 5001.5.2." (56) Chapter 56, (Explosives) of the IFC, Section 5601.1 (Scope) is revised to insert "and AS 18.72"after "The provisions of this chapter". (57) Chapter 56, (Explosives) of the IFC, Section 5601.1.1, (Explosive material standard) is revised to read. "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and NFPA 495 shall -overn the manufacture, transportation, stora,-e, sale, handlin,- and use of explosive materials." (58) Chapter 56, (Explosives) of the IFC, Section 5608 (Fireworks Display) 5608.2 (Permit application) is revised to add. "Fireworks Display Permit application must be submitted to the City of Seward to include a site and safety plan, production schedule, copy of the operator's State of Alaska Permit, and certificate of insurance prior to approval by the fire code off ciaL" (59) Chapter 56, (Explosives) of the IFC, Section 5608.6(Installation of mortars) is revised by addin,- a new Section 5608.6.1 to read. "5608.6.1 Mortar construction. Mortars must be constructed of paper, hi,-h density plastic pipe, or metal other than cast iron." (60) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5704.3.5 (Stora,-e in control areas) is revised by deletin-Section 5704.3.5.1 (Basement stora,-e). (61) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5706.3 (Well drillin,- and operatin,-) is revised by addin,- a second sentence to read. "This section does not apply to offshore oil Platforms.' (62) Chapter 58, (Flammable -ases and flammable cryo,-epic fluids) of the IFC, Section 5801 (General) is revised by addin,- a new Section 5801.3 to read. "5801.3 Plan review. Where a sin,-le container is over 500-,-allon (1,892.7 L) water capacity or the a,-,-re,-ate capacity of containers is over 500-,-allon (1,892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AA 50.027." (63)Chapter 80(Referenced Standards)o f the IFC,is revised to amend the Reference Standards asfollows: "Add NFPA 291-19 Recommended Practice for Fire Flow Testin,-...Ref. 507.5.2." (64) Appendix B. (Fire-Flow requirements for buildin,-s) of the IFC, Section B105.1 (One-and two-family dwellin,-s Group R-3 and R-4 buildin,-s and townhouses) is revised by addin,- the followin,- exception: "Exception: Buildin,-s protected throukhout with an approved automatic fire sprinkler system" (65)Appendices, the appendices of the IFC are amended by addin,-Appendix KK to read. "APPENDIX KK FIRE STATUS REPORTING 256 KKI01 Scope.All fire alarm and protection service companies providin'-services in the City of Seward shall provide a lezible copy of all fire system service reports to the City as adopted and amended in the IFC 2021 Edition as listed in this appendix. Exception:Industrial occupancies with a fire system preventive maintenance pro,-ram approved by the division of fire and life safety. This appendix contains contact information. KKIO2 Status 1. Systems out of service or maior deficiencies. The fire service company shall immediately contact the Fire Chief if the system cannot be returned to service. On a weekend or after hours, contact, Seward Dispatch at. 907-224-3338 and request the on-call fire officer be contacted. Written notification shall be sent by facsimile transmission or email to the Fire Chief within 24 hours from the time the system first could not be returned to service. KKIO2.1 Corrective action time. Status I systems shall be repaired immediately, and a Fire Watch implemented prior to any occupation of the building. KK102.1.1 For example but not limited to KKIO2.1.1.1 Fire sprinkler or water-based systems: 1. Non-working flow/pressure switches. 2. Damaze to fire department connections. 3. No water to system. 4. Frozen or otherwise damaged system. KKIO2.1.1.2 Fire pumps: 1. Non-workin,-fire pumps. 2. Fire pump controls not workin,-or malfunctioninz. KKIO2.1.1.3 Fire alarm systems (detection and alarm): 1. Non-workin,-fire alarm panel. 2. Malfunctionin,-fire alarm panel. 3. Audio and visual devices not working entire loop. 4. Detection not workin,-entire detection loop. 5. Loss of pro,-rammin,-. KKIO2.1.1.4 Kitchen hood fire systems: 1. System cylinder is not charged or leaking. 2. Appliance not properly covered due to rearran-ement of appliances. 3. Plu,-,-ed discharge nozzles. 4. Automatic detection not functional. 5. Gas or electric not shuttin,-down. KKIO2.1.1.5 Clean anent or special hazard system: 1. System cylinder is not charged or leaking. 2. Releasin,-panel not functional. 257 KKI03 Status 2. Critical deficiencies. If systems have critical deficiency reports, the critical deficiency reports shall be provided to the Fire Chief within 14 days from the date of initial receipt of the critical deficiency report. KKI03.1 Corrective action time. Status 2 systems shall be repaired within 14 days. KKI03.1.1 For example but not limited to KKI03.1.1.1 Fire sprinkler or water-based system: 1. Five or more painted sprinkler heads in a concentrated area or more than 1 o in a facility. 2. Chan,-e of use that will affect the performance of the sprinkler system. 3. Low water pressure. 4. No monitorin,- on required systems. 5. Any other maior problem that will affect the performance. KKI03.1.1.2 Fire pumps: 1. Low fuel 2. Pump packin,-leakin,-beyond specifications. 3. Fire pump room below 40 de,-rees. 4. Fire pump not meetin,-its rated discharge pressure or GPM flow over a 10 percent difference. 5. Any other maior problem that will affect the performance. KKI03.1.1.3 Fire alarm systems (detection and alarm): 1. Batteries overdue for replacement. 2. No monitorin,- on required system. 3. Audio and visual devices not workin,-- up to three devices, over three devices Status 1. 4. Detection not workin,-- up to three devices, over three devices Status 1. 5. Any other maior problem that will affect the performance. KKI03.1.1.4 Kitchen hood fire systems: 1. Hood and ducts with heavy -rease buildup. 2. Any other maior problems that will affect the performance. KK104 Status 3. Minor deficiencies. Minor deficiency reports shall be provided to the authority havin,-iurisdiction or closest state division of fire and life safety office within 30 days. These deficiencies will not affect the performance of the system. KKI04.1 Corrective action time. Status 3 systems shall be repaired within 30 days. KK105 Status 4. No deficiencies. Systems with no deficiencies shall be reported to the authority havin,-iurisdiction or closest state division of fire and life safety office within 30 days. KKI 06 Information to be provided System service reports shall have the followin,-information asfollows: 1. The inspection company name shall be printed on all reports with the company's address and 258 telephone number. 2. The inspector's first and last name shall be printed with the permit number of the inspector's fire systems permit required under AS 18.70.090 and 13 AA 50.035. 3. The inspector's office telephone number shall be printed, and the inspector's cellular telephone number, if available, shall also be printed. 4. Deficiencies shall be typed or written and shall be printed text. No cursive or Ion,-hand handwritiez is acceptable. Typed reports shall use at least 10-point font and handwritten reports shall use at least 318 inch spacinz between lines. 5. All reports shall have the buildinz name, occupancy inspected, and address clearly identified on the first page, and all subsequent pages shall have the buildinz name and date of inspection on the top of the pate. 6. All reports shall have the buildinz contact person's name with telephone number on the front pate. 7. Only white and yellow copies will be accepted by the City of Seward for reports submitted. 8. Deficiency write ups must include the code provision beinz violated and a description of the problem. 9.All reports must include the Status Number on the first pate of the report. 10.All Corrective Actions Reports shall be sent within 30 days of work completion. All system service reports shall be sent to: Seward Fire Department Po Box 167, Seward,AK 99664; Phone 907-224-3445, Fax 907-224-8633, Email.sewardfd(a-,cityofseward.net Systems out of service and those with maior deficiencies shall have a report faxed or emailed to the Seward Fire Department and mailed immediately within one day to the address listed in this appendix. 9.15.112 -International Fire Code—Enforcement, appeals. A. {a}Any person aggrieved by an administrative officer's interpretation and enforcement of the International Fire Code may appeal the administrative ruling to the city council if such appeal is filed within ten calendar days of notification of the administrative ruling being appealed. B. b)-Appeals shall be in writing, filed with the city clerk and shall contain the appellant's name and address, a description of the administrative ruling being appealed, the reason why the ruling is grievous to the appellant, and any documents the appellant wishes the council to consider. C. (e)-Upon receipt of the written appeal, the clerk shall schedule the matter for public hearing at a regular city council meeting, to be held within thirty calendar days of receipt of the appeal. The clerk shall notify the appellant in writing of the public hearing date. D. WThe clerk shall provide copies of the appeal to the administrative official whose ruling is being appealed. The administrative official shall prepare a written report of the events which preceded the appellant's filing, including a recitation of the code provision or regulation and the 259 ruling being appealed. The administrative official shall attach to his report copies of all applications, denials, correspondence or other writings relating to the matter being appealed. The clerk shall provide council with copies of the administrative report and the appellant's filing prior to the public hearing. E. (e)-It is the burden of the appellant to submit such evidence, including engineering and other technical studies, in support of his appeal, as may be necessary to enable the council to reach a decision. Upon a showing of good cause,the council may continue the hearing for presentation of such information;provided, however, that the council shall render a decision of the appeal within 40 calendar days of its filing. F. {#}The council shall either affirm or reverse the administrative official's ruling, in whole or in part. The council may vote to reverse, in whole or in part, only if it finds the appellant has proven the following: (1) The relief sought will not result in a violation of any applicable federal or state regulation; (2) The relief sought is in harmony with established city codes,policies and procedures; (3)The relief sought will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties; and (4) Public services and fire protection are not impaired and are adequate to meet any new requirements resulting from granting the relief sought, and it will not significantly increase the cost of operations of public service and fire protection agencies. A decision may be made subject to the appellant's compliance with terms and conditions deemed necessary by the council. G. {g}In rendering its decision, the council shall issue written findings of fact and conclusions of law. The council's decision shall be final. The appellant may appeal the decision to the superior court if such appeal is filed within 30 days of the decision. H. {h}The city clerk shall provide the appellant written notification of council's decision within ten days of the decision. 9.15.120 -Fire hazards—Right of entry for purposes of inspection. The fire chief, or his appointed representative, shall be permitted access to any building or area for purposes of inspecting the same for fire hazards and conditions pertaining to safety and welfare of the city, at any reasonable hour of the day. 9.15.125 -Fire hazards—Reports. If upon inspection a building or area is found to harbor or constitute a fire safety hazard,the person making the inspection shall prepare a written report specifying such hazards and conditions. The report shall contain the name of the inspector and the date and hour that the inspection was made. A copy of the report shall remain in the fire department files, and a copy shall be personally 260 delivered or mailed via certified mail or emailed to the owner or agent and to any occupant of the premises. PM question to Brooks can we use email as a form of communication? The RMS automatically emails the owner. 9.15.130 - Fire hazards—Time limit for correction. When any fire inspection has been made, the chief of the department shall specify a certain time and date that all hazardous and unsafe conditions, if found, shall be corrected. The owner of any building or area shall be notified of the date and time that conditions must be corrected. This information shall be stated on the inspection report specified in section 9.15.125. It shall be the responsibility of the fire chief to further inspect the premises on the date specified and if the hazardous or unsafe condition has not been corrected he shall issue a violation citation without further dela . : I'm curious about this wording, how would we go about issuing a violation citation? Would PD do this? 9.15.135 -Applicability of building code fire requirement. All buildings erected within the city shall conform to the building code in all matters pertaining to fire prevention and any building remodeled or rehabilitated shall meet the same specifications (see §§ 12.05.010 and 12.05.015). 9.15.140 -Building partly destroyed or damaged. Any building which has been damaged by fire, natural or man-made or- other disaster, weather- related event, or that is otherwise structurally compromised shall be immediately boarded up or fenced around so that the public cannot have access to the same. If any building has been over 50 percent damaged, the fire chief shall notify the owner that the building is to be demolished and shall specify the date that work is to be completed. When any building is demolished the area is to be cleared of all debris and if the building was constructed over a basement the same shall be filled in, unless the owner plans on constructing a new building over the basement, in which case a building permit must be secured immediately from the city building department. 9.15.145 -Burning permits. Under certain conditions the fire chief may issue a burning permit. When a permit is requested the fire chief or designee shall make a thorough inspection of the immediate area and shall determine whether or not, in his opinion, it is safe to allow burning in the area. The permit, if issued, shall be for a specific date and time. The city, or the fire chief, shall be saved harmless and free from all liabilities, claims, demands, suits,judgments and actions of any nature whatsoever arising out of issuing the burning permit. 9.15.150 -False alarm. 261 A_{&}No person shall cause, permit, make, or give a false alarm that a fire or other incident dangerous to life or property, that would require emergency response, has occurred or is about to occur. B.Jb}A false alarm for a building alarm system shall be defined as an alarm generated when no fire or emergency exists; it includes system malfunctions, faulty operation of detectors, and intentional activations of an alarm system(malicious mischief).It does not include incidents where the alarm system operated as designed but was activated accidentally or with good intent. C. O*The owner of a building that contains a building alarm system shall pay to the city a charge for each false alarm responded to by the fire department. The amount of the charge shall be set in a schedule adopted by council resolution. The payment shall be due within 30 days of the billing date by the city,as printed on the invoice. The bill shall be considered late when the building owner fails to make payment within 30 days of the invoice date. Failure to make timely payment will subject the building owner to a late payment charge set by resolution. Interest at a rate set by resolution shall also accrue on the account beginning 30 days from the date of the invoice until paid in full. If the building owner fails to pay the charges in the manner provided by the city, the city may seek payment by any lawful means. D. WThe fire chief or his/her designee, may delay the imposition of the false alarm charge by an agreement in writing if the owner of the building is working diligently with the fire department to correct the cause of the problem with the system and such corrective action is diligently pursued until the problem is corrected. Reasons supporting such a delay may include the unavailability of a licensed technician or waiting on parts for repair. The chief must submit to the city manager the reasons for granting the delay, the written agreement, and the time frame it will be in effect. The city may reinstate the charges if the building owner fails to complete the correction within the time frame established by the written agreement. E. {e)-The charge imposed by this section shall not apply to buildings occupied by a local, state, or federal governmental entity if (1) the governmental entity provides on-site building maintenance, management, or security personnel, 24 hours a day, seven days a week, who have the ability and authority to confirm a false alarm, and(2)the governmental entity provides the city an on-site, 24 hour a day, telephone contact number that is immediately answered by such personnel. Article 2. -Volunteer Fire Department * Footnote: See Sec. 2.25.050 and Sec. 2.25.055 as to fire department creation,powers and duties. 9.15.210 Volunteer fire department established. (a) There is presently operating ivithin the eity a volunteer fire department ivhieh shall eensist of not less than 2-4 members and may ineltide additional member-s� pr-evided, that the fire ehief deems it advisable.There may also be an auxiliary department formed for purpo department, ivhile nefing in sueh eapneivy, shall give str*ef obedienee to the orders of their 262 Chief.(b) The fire ehief shall be the pr-iHeipal offieer- of the voltmteer- fire depar-tmeHt. He shall be > > Code,this > tr-niHiHg of members alld the per-for-maHee of all other- duties imposed upoH him-, (4) A4aiHtaiH a library or- file of publieatioHs oH fire pr-eveHtioH alld fire pr-oteetioH alld shaff make use of it to the best advaHtage of all members; > supply at least twiee eneh year-; per-for-maHee of their- duties; the-ease; (9) Keep eit4eHs well iHfor-med of fire hazards iH the eommtmity ftHd OH Retivities of the (b) Deputy ehief-. The deputy ehief shall net as head of the depar-tmeHt iH the abseHee of the fire ehief-, alld shall be r-espoHsible for- publie edtteatioH alld fire iHspeetioH programs alld rF'-i'ie vii•••r-s. There shall e a first assistaH+ •hief ftH a seeoHd assist ehief-,who shall report to the ehief at fir-es alld assist him iH the disehar-ge of his duties. lH 263 depar-tmefit afid shall be held r-espofisible ther-efor- ift all r-espeets, with the full power-s afid ehief- > > r-espoHsibilifies of the ehief. 9.15.220 Reeer-ds to be maiHWHed-. The fire ehief shall be r-espoHsible for- all depar-tmeHt r-eeor-ds whieh shall be ffifliHtfliHed oH a eur-r-eHt basis at all times. Those r-eeor-ds that shall be maiHtaiHed are as foliows-L. (2) City map, posted iH the fire hall, showiHg loeatioH of all fire hydr-aHtsj (6) Reports of fire loss-,L 9.15.225 -Report of conditions of fire hydrants. The fire chief or his representative shall report any fire hydrant which is not operating properly or that has in any way caused the department trouble during a fire or drill. This report shall be filed with the public works department for immediate attention and correction. The fire chief may recommend, in writing, the installation of additional hydrants in any area that he deems has inadequate facilities. This recommendation shall point out the specific area to be covered by the installation and other information he believes should be considered. 9.15.230 - Fire reports. The fire chief shall prepare a written report, in duplicate, on each fire within the city. This report shall include information as to location,time and date of alarm,extent of damage to building and/or contents and the chief s estimate of dollar damage suffered. The original of this report shall remain in the department files 4om time of fire. Annual dues to fir-emen's and ehiefs' assoeintions and the National Fire Pr-oteetiol+ AssoeiatioH shall be legitimate expeHditttr-es of the fire depar-tmeHt. 264 9.1-4.240 Fire alar-m signals. Fire alar-m signals shall be stfeh its pr-eser-ibed by the ehief-, and it shall be his duty to test or- have tested at regularly designated times the fire alarm system to see that it is �vorking pr-oper-lyL 9.15.245 -Housing of fire equipment. The fire equipment of the city shall be housed in the city fire hall at all times unless on call,practice drills or other authorized purposes. The city fire hall shall be considered off limits to anyone other than authorized personnel unless the fire chief or an attendant is in the building. 9.15.250 -Damaging, etc. fire apparatus. It shall be unlawful for any person or group of persons to damage or attempt to damage in any manner any piece of fire fighting equipment or apparatus belonging to the city. 9.15.255 -Maintenance of adequate equipment within city; service outside of city. A. (a*The fire fighting apparatus is the property of the residents of the city and is purchased and maintained from general fund appropriations derived from general taxes and, therefore, is mainly for the safety and protection of city residents. The fire chief shall be responsible for maintaining adequate fire fighting equipment and manpower on call at all times to combat any fire within the city. B. Residents outside the city may be given assistance by the department in case of fire or disaster, but at no time will equipment or manpower be dispatched outside the city in any number which will leave the city without adequate fire protection. Article 3. -Explosives 9.15.310 - Permits. A. (a)-lt shall be unlawful for any person to discharge, load,transport, handle use and/or store any explosive within the city without first obtaining an appropriate permit from the re chief and,where applicable,from the U.S. Coast Guard captain of the port,as hereinafter provided; nor shall any explosives be discharged on or loaded from any wharf, pier, dock or vessel within the city without such permits. Any explosives authorized for such handling shall be immediately removed from the wharf, pier or dock area unless a special authorization permit is obtained from the ire chie and the captain of the port to defer such immediate removal. The manager- fire chie shall be authorized to issue any explosives handling permit upon such terms and conditions as he/she may deem appropriate in the public interest.However, any person seeking to obtain such permit, other than any bureau, department, agency or arm of the United States government, or of the government of the state,the federal and state governments being considered to be self insurers, shall pay a permit fee and furnish a bond or,in lieu thereof, evidence of liability insurance, in the sums and manner hereinafter provided; and shall further be required to execute a 265 document of indemnity as hereinafter provided. Permits for discharge, loading, transport, handle and short term use (up to 72 hours) shall not extend beyond 72 hours, and a permit fee as set by resolution shall accompany each application, except as hereinabove provided. Permits for permanent storage and for long term use (exceeding 72 hours) shall not extend over a year. All requirements of the International Fire Code Chapter 33 are mandatory and a permit fee as set by resolution shall accompany each application for storage except as hereinabove provided. Permits may be specific as to location of discharge, loading, transport, handling, use and/or storage. B. {b}When the Alaska Railroad engages in explosives handling activities, it shall not be required to furnish bond or evidence of insurance coverage, nor be required to execute a document of indemnity in favor of the city for any loss or damage resulting from such explosives handling. Nevertheless,the Alaska Railroad shall coordinate such activities with the city, and the coast guard captain of the port where applicable, by obtaining the aforementioned explosives handling permit or permits. In addition, when the Alaska Railroad, as a common carrier, performs explosives handling activities for third-party consignors or consignees,such clients or customers of the Alaska Railroad shall be required to pay the aforementioned daily permit fee to the city for all explosives handled in or transported through the city. However, no person shall be required to procure more than one permit for any given shipment of explosives. C. {c}"Explosives," for the purpose of this code, shall be defined in the International Fire Code Chapter 33. "Explosives," as used herein, shall include all "Class A" or dangerous explosives, as outlined in 46 Code of Federal Regulations 146, and shall further include detonators and fuses. "Explosives," as used in this article, shall not include inflammable, combustible or corrosive liquids or solids, or compressed gases, poisons or radioactive or other hazardous materials not covered in the description above. D. { }Documentation of the following items must be presented to the ire chie for issuance of a permit: (1) A bond or a certificate of insurance as set out in § 9.15.315. The permit will be revoked if the bond or insurance coverage is canceled; (2) A schedule of loading, unloading, transporting, etc., of the explosives; (3) Amount and type of explosives, blasting agents, etc., to be transported, loaded, discharged, used or stored; (4)Provide examples of the markings on the containers; (5) Copy of ship's manifest and cargo stowage plan, if applicable. Vehicle traffic will need to provide a copy of shipping documents and travel route; (6) Copy of City of Seward terminal use permit, to be obtained from the harbor master's office, if applicable; (7) Contact person(s),phone numbers, address; 266 a Company name and contact person,phone number(s); b Site personnel, name,phone number(s). (8) A document of indemnity must be signed and notarized. 9.15.315 -Bond or insurance requirements; document of indemnity. A_(a)-Before any explosive handling permit is issued by the ire chie to any applicant other than a bureau, department, agency or arm of the United States government, or the government of the state, the applicant shall furnish an indemnity bond in an amount and with sureties deemed adequate by the ire chie , which bond shall become available for the payment of any damage to public or private property and the payment of any personal injuries resulting from such handling. B.Jb}In lieu of the bond indicated in subsection (a) of this section, the applicant may furnish the city with certificates of insurance, with stipulation thereon that the city will be given 15 days' notice of intent to cancel, evidencing liability coverage in an amount deemed adequate by the manager- tire chie (1) Certificate of insurance proving coverage not less than $1,000,000.00 against bodily injury liability per individual, per accident, and against property damage liability, or as determined by the City of Seward's risk manager. The applicable certificate of insurance shall clearly show that the property damage liability coverage includes hazards from explosion, collapse and damage to underground wires, conduits,pipes, fittings, mains, sewers or other similar property. (2)Workmen's compensation insurance in accordance with the laws of the state, required whether hazard is covered by bond or insurance. C. (e)-In addition to compliance with the provisions of this section outlined above, an applicant for an explosives handling permit shall be required to furnish the city with an executed document of indemnity with adequate sureties saving the city harmless against any loss or damage. Including attorney fees from accident, or injuries to persons or property arising out of the work for which the permit is issued. D. ( )-Any insurance required under this section shall include as additional insureds: the City of Seward, and including all elected and appointed officials, all employee volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage shall be primary to the additional insureds, and not contributing with any other insurance or similar protection available to the additional insureds, whether said or other available coverage be primary, contributing or excess. E. {e)-All safety precautions as required by the International Fire Code and United States Coast Guard will be documented and provided to the ire chie prior to the issuance of a permit. Site inspections may be performed by the fire department. 267 F. (4)-Permanent storage areas must comply with the requirements of International Fire Code Chapter 33 and must have an annual inspection prior to the issuance of a permit. 9.15.320 -Loading or discharging generally. shall be unlawful for any water carrier to tie up at any dock within the city carrying a greater limit of explosives than from time to time authorized for the various docks within the city by the U.S. Coast Guard Captain of the port. B. (b)-It shall be the responsibility of the vessel master or agent to notify the coast guard captain of the port in writing of explosives shipments entering or leaving via the port, and to secure a coast guard permit to load or discharge explosives. A separate permit is required for both the loading and discharge operations. Application for the permit,together with a manifest and a cargo stowage plan, must be submitted to the coast guard captain of the port not less than seven working days prior to the desired date of loading or unloading of the explosives, in order that arrangements can be made to have a coast guard explosive handling supervisor on the scene at the proper time. The captain of the port is to be notified at the Marine Safety Office in Anchorage, Alaska. Telephone or telegraphic notice may be utilized in emergency circumstances requiring shorter notice; however,written application must follow as soon as practicable thereafter. A separate permit must be obtained from the City of Seward Fire Department. C. e)-All explosives loading, unloading and movement via railroad, truck or other land transport, or loading or unloading of explosives on aircraft shall be accomplished in accordance with the applicable provisions of this chapter, of the Interstate Commerce Commission explosives handling regulations promulgated in 49 Code of Federal Regulations 71 through 78, and of other applicable federal and state regulations. 9.15.330 -Display of danger signals; supervision of explosives handling. A. (a)-It shall be unlawful for any person to load or discharge any explosives into or from a vessel in the port unless such actions are in compliance with the requirements of CFR Part 49, Section 176.176, no fire or welding operations or smoking shall be permitted on board such vessel; provided, that in the case of steam vessels, fire may be allowed in the furnaces, but any such explosives shall be discharged or loaded as far from the center of the fire boiler area as possible. In the discretion of the captain of the port or his designee any of the foregoing provisions of this section may be modified or suspended, or additional provisions devised and enforced. B_{b)-In the absence of a coast guard explosives handling supervisor being assigned to the explosives handling activity, a properly qualified watchman or supervisor supplied by the permittee and approved by the ire chie shall supervise the operation for safety precautions and proper handling, and this service shall be maintained at the expense of the owners of such explosives cargo, in order to safeguard the public. ._(e)-Vehicles transporting explosive material shall be in compliance with the International Fire Code Chapter 33 and Department of Transportation requirements. Vehicles transporting explosive material shall display placards as required by the Department of Transportation. Vehicles 268 transporting the explosives shall be routed to avoid congested and heavily-populated areas. Prior to transportation the routes of travel and times must be provided to the Fire Department, Police Department, and Alaska State Troopers. Vehicles carrying explosives shall not be left unattended. D. { }Areas where loading, discharge, handling are conducted from a vehicle must be clearly identified and secure to prevent unauthorized personnel from entering the area. Areas where explosives are in use must comply with the section of International Fire Code Chapter 33. All access to areas for loading, discharge, handling and use shall be in compliance with International Fire Code Chapter 33 Storage areas shall comply with International Fire Code Chapter 33. 9.15.335 -Blasting. No person shall blast or carry on any blasting operations without first having obtained a permit from the eity manager fire chie . Before any such permit is issued, the applicants therefor shall comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of workmen's compensation coverage and execution of the document of indemnity. In addition to the above requirements, the ire chie , or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling,shall be provided a blasting operation plan which will cover all aspects of the operation. This plan must be approved by the re chief, or his designee, prior to any blasting operation being conducted. The ire chief, or his designee may be in attendance at the scene of operations while blasting is being performed, and the applicant shall reimburse the city for the cost of providing such safety inspection and supervision. 9.15.340 -Explosive material storage. Permanent storage of explosives shall only be in designated industrial areas and in compliance with the International Fire Code Chapter 33. Permits for the storage site must be obtained from the Lire chief, and all the requirements for these sites must be met prior to the issuance of the permit. Permits shall be valid on a calendar year basis. 9.15.345 - Safety precautions and practices. In all explosives handling, all safety precautions prescribed by Underwriters Laboratories and standard practices for the handling or explosives, detonators and fuses must be observed. 9.15.350 -Petroleum and gas storage tanks. fL {a+-Except as provided in subsections (b) and (c) herein, the construction, enlargement, or relocation of above-ground storage tanks for bulk petroleum or gas is prohibited in the city. B. }Above-ground storage tanks for bulk petroleum or gas shall be allowed in the industrial (1) district and institutional district(INS), provided that a permit is obtained from the fire chief. C. e)-Above-ground vehicle fuel dispensing tanks measuring 2,000 to 5,000 gallons in size shall be allowed in the industrial(I)district,the auto commercial(AC)district and the institutional(INS) 269 district, provided that a permit is obtained from the fire chief. All above-ground vehicle fuel dispensing tanks shall be installed in accordance with the International Fire Code and the criteria established by the State Fire Marshal's office. Chapter 9.20 -Public Nuisances 9.20.010 -Definitions; violations; administration. A_(a)-"Public nuisances" shall include, but not be limited to, whatever is forbidden by any provision of this chapter. B_(b)-It shall be unlawful for any person to commit, create or maintain any public nuisance enumerated in § 9.20.015. C. (}The city manager, fire chief, police chief or their designated representatives are hereby authorized to enforce the provisions of this chapter. When used in this chapter"abatement official" shall include these officials or their designated representatives. 9.20.015 -Enumerated. * * Footnote: See Sec. 7.10.216 as to noise restrictions in the sal boat harbor; see Sec. 9.05.145 as to noisy animals; see Sec. 11.10.160 as to vehicle noise. A. The following acts and conditions shall constitute a public nuisance: (1) Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property; (2) Making or causing to be made any unnecessary or unusual noise which either annoys, injures or endangers the comfort, repose, health of safety of the public, except as otherwise permitted in this code, and any such noise within 150 feet of any hospital or other institution reserved for the sick or any school, whenever the institution is posted calling for special attention against noise. The police chief shall order the placing of such signs calling for special attention against noise he deems necessary within 150 feet of any portion of the grounds and premises on which is located a hospital, other institution reserved for the sick or a school; (3) Using, playing or praetieing upon any musien! instrument upon any streets, alley or- publie phtee,withetit it wr-iffen permit from the poliee ehief-, or- unless permitted in this eode� L�L(4)-Using, for the purpose of attracting the attention of the public, any radio, recording music or sound amplifying device of any kind, the sound from which is cast directly upon a street, alley or public place. This subsection should not apply to devices officially used by governmental units. The city manager shall have the authority, on written application to him, to permit the broadcast by use of sound amplifying devices under conditions prescribed by him; 270 j�IL(5}Operating or using any pile driver,power shovel,pneumatic hammer or other apparatus the use of which is attended by loud or unusual noise, in conducting any building operations between the hours of 10:00 p.m. and 7:00 a.m., except by written permission of the city manager; LL(6)-Operating any internal combustion engine, or noise-creating blower or power fan, unless the noise made thereby is so muffled as not to cause annoyance to the public; LL(7+Disposing of any refuse,garbage,manure,waste or other materials except at refuse disposal sites which have been approved and are supervised by the state health officer, borough health officer or city manager, and which are clearly marked for such purpose; LL(8)-Dumping, abandoning, throwing, scattering or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not his own, or as to cause the obstruction of any ditch, drain or gutter, except as permitted in refuse disposal sites under subsection (7) of this section; j�&_(1)—Knowingly or wantonly operating or causing to be operated any machine, device or apparatus of any kind whatsoever within the corporate limits of the city between the hours of 10:00 a.m. and 12:00 midnight, the operation of which shall cause reasonably preventable electrical interference in the operation of any radio or television receiving set or with radio or television reception within the city, , . itions or- treatment may be made at any time if the maehines or- appar-attis itsed theiree-foir aar-e pr-oper-ly equipped to avoid all tinneeessar-y or- reasonably preventable inter-fer-enee with stieh radio or- television r-eeepfio*,- and are not negligently operated-, LLO-O}Any well, swimming pool or other dangerous excavation in the earth kept, maintained or permitted in an uncovered, unprotected, unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city; 10 (4)-Buildings which are unoccupied and open to ingress and egress and which should be locked up, boarded up or otherwise secured from ingress or egress; 11 (WUnpainted buildings in a dry, rotten or warped condition; 12 (13)--Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief, 13 (14)-Overgrown vegetation causing detriment to neighboring properties or property values; 14 {1-5}Dead trees, weeds or debris: a Constituting unsightly appearance; b Dangerous to public safety and welfare; c Detrimental to nearby property or property values. 271 IS (16)-Trailers, campers, boats and other mobile equipment stored for unreasonable periods in unsheltered front yard areas, 30 days being prima facie evidence of an unreasonable period; BC Note: Is this requirement ignored? 16 (P+Attractive nuisances dangerous to children in the form of: a Abandoned and broken equipment; b Hazardous pools,ponds and excavations; c Neglected machinery; d Abandoned refrigerators; e Abandoned automobiles or cabinets. 17 (18)-Broken or discarded furniture and household equipment in yard areas for unreasonable periods, seven days being prima facie evidence of an unreasonable period; 18 (19}Clothes lines in front yard areas; L9 {24}Garbage cans stored in front or side yards and visible from public streets; 20 4WPacking boxes and other debris stored in yards and visible from public streets for unreasonable periods, seven days being prima facie evidence of an unreasonable period; 21 {2}Neglect of premises: a To spite neighbors; b To influence zone changes; c To cause detrimental effect upon nearby property or property values. 22 (23�-Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to nearby properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: a Lumber,junk, trash or debris; b Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; c Stagnant water or excavations; d Any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location. 23 (24}Emitting or discarding any lint or other waste from any laundry or dry cleaning premises or any kind whatsoever. 9.20.020 -Junked or abandoned vehicles. A. (a}It shall be unlawful for any person to place (1)upon public property not set aside by law as 272 a refuse disposal,or(2)upon any private property, except licensed junk yards,any wrecked,junked or abandoned vehicle. B.Jb}It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle. C. {+Any violation of subsections (a) or (b) shall constitute a public nuisance. The costs of abatement may be charged or assessed by the city council as provided by section 9.20.085(b) against any or all of the following: (1) The vehicle; (2) The registered owner of the vehicle; (3) Any person who has acquired the right to possession of the vehicle from or through the registered owner; (4) Any person in violation of subsection (a) or(b) of this section; and (5) The owner, leasee, agent, tenant or person in control of the property where the vehicle was situated at the time of the notice to abate. D. WAs used in this section: (1) The term "abandoned" includes any vehicle which at the time of the notice of abandonment is: a Not licensed as a motor vehicle in compliance with the laws of this state; b Cannot be operated as a motor vehicle in compliance with the laws of this state because of mechanical failure. (2) The term 'vehicle" means any motor vehicle as defined in this code and includes any body or part of any such motor vehicle. E. f e}A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs and is without available funds to obtain the required license or to make such repairs may apply to the city manager for a permit to keep the vehicle upon the premises. 9.20.025 -Emission of dense smoke. * * Footnote: See Sec. 11.10.160 as to vehicle smoke emissions. A. (Olt shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann Chart. The emission of any such dense smoke is declared to be a public nuisance 273 and may be summarily abated by the abatement official. This section shall not apply to: (1) The circumstance when a fire-box, furnace, boiler, locomotive or other fuel consuming device is being cleaned out and a new fire is being built therein, in which event the smoke of a density greater than that described on the Ringlemann Chart shall be permitted for a period of not to exceed six minutes in any single period of 60 minutes; (2) Smoke from fires set by or permitted by any official if such fire is set or permission given in the performance of the official duties of such officer, and such fire in the opinion of such officer is necessary: a For the purpose of the prevention of a fire hazard which cannot be abated by any other means; b The instruction of public employees in the methods of fire fighting. B. (b)-Ringlemann Chart. (1)The"Ringlemann Chart" is a chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light- obscuring smoke density. (2) The Ringlemann number is the number appearing on the Ringlemann Chart described by the observer to the density of smoke emission. (3) The use of the chart will be made by placing it at such distance from the observer so that the smoke appears as even shades of coloring or when no white spaces between the lines are visible. Measurements shall be taken at the point of greatest density, which will usually be at the point of emission. Comparison of the smoke and observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall not be less than 100 feet nor more than one-quarter mile from the smoke observed. (4) Where the density or opacity of the smoke as observed falls between two consecutive Ringlemann numbers,the lower Ringlemann number shall be considered the density of the smoke observed. 9.20.030 -Escape of soot, cinders, noxious acids, fumes and gas. A. (a}It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place, or manner as to: (1) Be detrimental to any person or the public; (2) Endanger the health, comfort and safety of any such person or of the public; (3) Cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the abatement 274 official. B. b)-"Cinders," "dust," "fly ash," "noxious acids," "fumes" and "gases," as used in this section, shall be considered to be all matter other than dense smoke, including smoke, cinders, dust and soot formed as the result of the combustion of fuel which are carried in the gas streams so as to reach the eternal air and which have not been completely consumed by the combustion process. 9.20.035 - Summary abatement. The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given. All other abatement proceedings, except the necessity and the manner and method of giving notice shall apply to the nuisance summarily abated, including the recovery of the costs of the summary abatement. 9.20.040 - Commencement of proceedings. Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action. The procedures set forth herein shall not in any manner, however, limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law, or by the common law. 9.20.045 -Notice and order of abatement—issuance; contents; service. A. (a)-Issuance; contents. The abatement official shall issue a notice and order direct to (1) the record owners of the affected property, or (2) the person committing, creating or maintaining the public nuisance. The notice and order shall contain: (1) The street address and legal description sufficient for identification of the affected property; (2)The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this chapter; (3)A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated; (4)A statement advising that if any required abatement is not commenced or completed within the time specified the abatement official may proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner; (5) Statements advising: a That any person having record title or legal interests in the property may appeal from the notice 275 and order of any action of the abatement official to the city council by filing with the city manager within 15 days (unless such abatement will materially effect a building or structure permanently attached to real property, in which case 30 days shall be allowed) from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in section 9.20.065; and b Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order. B. }Service of notice and order. The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public nuisance, and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records: (1) The holder of any mortgage or deed of trust or other lien or encumbrance of record; (2) The owner or holder of any lease of record; (3) The owner of any other estate or legal interest of record in or to the property affected with the public nuisance. The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way, city properties and parks or for summary abatement when permitted. C. {e}Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail,postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the borough or as known to the abatement official. If no address of any such person so appears or is known to the abatement official, any copies of notice or order shall be so mailed addressed to such person, at the address of the property involved in these proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner herein provided shall be effective on the date of mailing. D. ( }Proof of service. Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified or registered mail shall be affixed to the copy of the notice and order retained by the abatement official. 9.20.050 -Notice and order of abatement—Recordation. A. (a)-If compliance is not had with the order within the time specified therein, and no appeals are properly and timely filed, the abatement official shall have filed in the office of the recording district a certificate describing the property and certifying: 276 (1) That the property is affected by a public nuisance; (2) That the owner has been so notified. B. {b}Whenever the public nuisance has been abated on a property described in the certificate, the abatement official shall file a new certificate with the office of the Seward recording district, certifying that the public nuisance has been abated. 9.20.055 -Notice and order of abatement—Posting. A. (a*Required. Every order of compliance shall, in addition to being served as provided in section 9.20.045(b), be posted in a conspicuous place upon the affected property. B. {+Removal. No person shall remove or deface any such notice after it is posted until the required abatement has been completed. Any person violating this subsection shall be guilty of a misdemeanor. 9.20.060 -Means of abatement. The abatement official (and the board of appeals, if an appeal is taken) shall order the means best calculated to abate wholly the nuisance with the least costs of abatement, and demolition shall not be ordered if repair or removal may accomplish the abatement. 9.20.065 -Appeals. Any person entitled to service under section 9.20.045(b) may appeal from any notice and order or any action of the abatement official concerning abatement of a public nuisance by filing at the office of the city maHager- clerk within 30 thirty 30 days from the date of service of such order a wr-itten appeal in the same annep-r- and- method as pr-ovided for- appeals under- seetion 501 as amended, as adopted by r-efer-enee in seetions 12.05.010 and 12.05.015. The pr-oeedur-e for- appeal aHd for-hear-iHg of the appeal shall be the same pr-oeedur-e for-the eoHduet aHd he ar-iHg eir-eumstanees. a notice of appeal. The notice shall specify all of the zrounds for such appeal with supportin- documents attached. A. The city clerk shall assi,-n a date for the hearin,-with written notice sent to the appellant and the city council. B. Appeals shall be heard by the city council sittin-as the board of adiustment. At the hearin'-, all parties may be represented by counsel and may offer witnesses and exhibits. The burden of Proof rests with the appellant. C. Within thirty (30) days followin- the conclusion of the hearin,-, the city council shall issue 277 written fndin-s of the facts and conclusions of law, and clearly state the grounds upon which the decision is based. The appellant may appeal a decision of the board of adjustment to the superior court within thrity days, in accordance with the Rules of Appellant Procedure of the State of Alaska. D. Durin,-pendency of an appeal to the board of adiustment, the notice and order of abatement and any abatement action shall be stayed. Durin,-pendency of an appeal to the superior court, the notice and order of abatement and all abatement action shall not be stayed. 9.20.070 -Enforcement of order of abatement. A. (a*General. After any order of the abatement official or the city council acting as a board of appeals, shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be guilty of a misdemeanor. B. b)-Failure to obey order. If, after any order of the abatement official or the city council acting as a board of appeals, has become final, any person to whom such order is directed shall fail, neglect or refuse to obey such order, the abatement official may: (1) Cause such person to be prosecuted under subsection (a) of this section; (2) Institute any appropriate action to abate such public nuisance; (3) Do both (1) and(2). C. (}Failure to commence work. Whenever the required abatement is not commenced within thirty days after any final notice and order issued under this code becomes effective the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in section 9.20.090. 9.20.075 -Extension of time. Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time,the abatement official may, at his discretion,grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. 9.20.080 -Interference with city employees, contractors, etc.,prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any persons who own or hold any estate or interest in the premises 278 affected by the public nuisance which has been ordered abated, whenever such officer, employee, contractor or authorized representative of the city, person having interest or estate in the affected premises, is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to section 9.20.070. 9.20.085 -Abatement procedure; costs constitute lien on property. A_(a}Procedure. When any abatement or a public nuisance is to be done pursuant to section 9.20.070(c) of this chapter, the abatement official shall issue his order therefor to the director of public works, and the work shall be accomplished by city personnel or by private contract under the direction of the director. B. b)-Costs. The costs, including incidental expenses, of abatement of such public nuisance shall be a lien against the property involved or may be made a personal obligation of the property owner, whichever the city shall determine is appropriate. 9.20.090 -Recovery of costs of abatement. A_(a}The director of public works shall keep an account of the costs, including incidental expenses, of abating each public nuisance, including each separate lot or parcel of land where the abatement is done, and shall render an itemized report in writing to city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto. B. (*Upon the completion of the abatement work, the director of public works shall prepare and file with the city clerk a report specifying the work done, itemizing the total cost of the work, the description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to section 9.20.045(b). Before the report is submitted to the city council,a copy of a report shall be posted for at least five days upon the affected premises,together with a notice of the time when the report shall be heard by the city council. C. e)-The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, overhead and inspection of the work and the cost of printing and mailing required hereunder. of the Uniform Building Code of Panger-etis Buildings, etir-r-ent edition, adepted by r-efer-enee in seetions 12.05.010 and 12.05.015 shall be the proeedure and method for the reeovery of the eests of the abatement of publie nuisanees its amended by this seetion. D. The city council shall hold a hearin,-on the cost report at which any person entitled to notice pursuant to section 9.20.045(b) may appear and lodze obiections to the costs of abatement. At the conclusion of the hearin,-the city council shall either accept, reiect or amend the report. E. {e}All monies recovered for the costs of abatement shall be paid into the general fund. 279 9.20.095 -Legal remedies. The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law. In addition, a public nuisance may be abated by the city in a civil action. Chapter 9.25 -Noise Control 9.25.010 -Noise control. In addition to the provisions of chapter 9.20 applicable to noise as a public nuisance, this chapter shall apply to noise control within the city. 9.25.015 -Definitions. A. {a}The following words,terms, and phrases,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network, the level of which so read is designated dB(A) or dBA. Commercial area means any parcel of land zoned as AC, HC, or CB under Title 15. Decibel (dB) means a unit measure of sound level. Equivalent A-weighted sound level (L eq)means the constant sound level that in a given situation and time period conveys the same sound energy as the actual time-varying A-weighted sound. Industrial area means any parcel of land zoned as I or RM under Title 15. Noise means any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance means any sound that endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. Noise-sensitive zone means any area designated pursuant to section 9.25.025 for the purpose of ensuring exceptional quiet. Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, public use easement or similar place owned or controlled by a governmental entity. Public space means any real property or structures thereon owned or controlled by a governmental entity. Public use area means any parcel of land zoned as INS or P under Title 15. 280 Residential area means any parcel of land zoned as RR, R-I, R-2, R-3, UR or OR under Title 15. Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI 51.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A weighting shall apply. Sound level meter means an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighting networks used to measure sound pressure levels. Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. B. }All terminology used in this chapter and not defined in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 9.25.020 -Excessive noise prohibited. A. (a)-It is unlawful for any person to wi1f-u11y-_wi11Lu11E make or continue, or cause to be made or continued,any noise disturbance,loud sound,loud noise,or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. B. (b}The standards which may be considered in determining whether a violation of the provisions of this section by a person exists may include, but are not limited to, the following: (1)In a public place,repeatedly or continuously shouts,blows a horn,plays a musical or recording or amplifying instrument, or otherwise generates loud sounds or noise with the intent to disturb or in reckless disregard of the peace and privacy of others; (2) In a private place, engages in the conduct described in subsection (a) of this section, with the same intent or reckless disregard, after having been informed by another person that the conduct is disturbing the peace and privacy of others not residing in the same place; (3) Using, playing, or practicing upon any musical instrument upon any street, alley, or public place, without a written permit from the city manager, or unless permitted in this code; (4) Using, for the purpose of attracting the attention of the public, any radio, recording music or sound-amplifying device of any kind, the sound from which is cast directly upon a street, alley, or public place. This subsection shall not apply to devices officially used by a governmental entity. The city manager shall have the authority, on written application to him or her, to permit the 281 broadcast by use of sound-amplifying devices under conditions prescribed by him or her; (5) Operating or using any pile driver, power shovel, pneumatic hammer, or other apparatus the use of which is attended by loud or unusual noise, in conducting any building operations between the hours of 10:00 p.m. and 7:00 a.m., except by written permit issued by the city manager; or (6) Operating any unmuffled internal combustion engine, or noise creating blower or power fan. C. e)-As used in subdivisions (1) through (6) of subsection (b), "loud sound," "loud noise," or "unusual noise" includes: (1) Any sound or noise which would awaken, or cause difficulty in sleeping for, the average, not unduly sensitive individual attempting to sleep in a house, apartment, hotel, or motel; and (2) Any source of sound that creates a sound level exceeding the limits set forth for the receiving land use category in Table 1 of this section when measured by a sound level meter at or within the property boundary of the receiving land described under the listed receiving land use category. Table 1. Sound Levels by Receiving Land Use. Receiving Land Use Category Time Sound Level Limit dBA Residential area 7:00 a.m. 10:00 .m. 60 10:00 .m. 7:00 a.m. 50 Commercial area 7:00 a.m. 10:00 p.m. 70 10:00 p.m. 7:00 a.m. 60 Public use area 7:00 am-10:00 pm 65 10:00 m7:00 am 50 Industrial area At all times 80 9.25.025 -Noise-sensitive zones. The city manager may prepare recommendations to the city council for the designation of noise- sensitive zones containing noise-sensitive activities. No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone. No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section containing a hospital, nursing home, or similar activity so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone. 9.25.030 -Exceptions. The provisions of this chapter shall not apply to: 282 spaee or- publie right of way; or- A.(b}The emission of sound for the purpose of alerting persons to the existence of any emergency, the emission of sound in the performance of emergency work, or the emission of sound in the performance work by city departments including,but not limited to,the harbor,police,fire, electric and public works department(for example emergency response and snow removal). 9.25.035—Penalties an r-emedies-. eoHvietioH shall pay a fiHe of $50.00 for- the first violatioH; $75.00 for- the seeoHd violatiow- $100.00 for- the third violation; and $300.00 for- the four-th violation and ever-y violation (a) A per-son who violates a pr-ovision of this ehapter- is guilty of a misdemeanor- and upoi+ may bring eivil netion to enjoin any violation of this ehapter-, or- to obtain damages for- any eondition exists, eonti �peated shall be a separate and distinet violation-. (d) The penalties provided for- violation of this ehapter- are in addition to and not in lien of aHy other- peHalty provided for- iH this eode, state law, or- aHy eivil remedy available to the eity. A per-son who violates any provision of this ehapter- shall also be subjeet to the eivil Chapter 9.30 - quana Tetrahydrocannabinol(THC) extraction equipment 9.30.010 - General provisions. All licensed marijuana processing facility tetrahydrocannabinol (THC) extraction equipment using hazardous materials must be approved by the city council prior to operation within the city. 9.30.015 -Listed equipment. A list of Fed alld approved systems is kept at the Sewar-d Fire DepakmeHt alld dur-ing business .All THC extraction equipment shall be listed and approved by the State ofAlaska and the Seward Fire Department. 9.30.020 -Equipment approval. A. When no equipment listing criteria exists and for non-listed extractions systems, equipment manufacturers may submit a master engineering report to the Seward Fire Department for approval of their equipment. 283 B. An Alaska licensed professional engineer is required to prepare a site-specific report. The report shall include the following information: 1. The proposed or existing address of the location where the equipment will be operated,the make and model, serial number, and any other pertinent information specific to that equipment as requested by the city; 2. The installation of the equipment will meet all applicable AME and NFPA standards for the operating pressures it will be subjected to; 3. The equipment has pressure relief valves on any trapped gas sections; 4. That all hose fittings, vacuum pumps, and all other ancillary components of the equipment are compatible with the specific flammable gas used in the equipment; C. The engineering report is required by the 2012 International Fire Code, adopted as the Seward Fire Code, and shall be signed and sealed by a responsible Alaska licensed professional engineer. All equipment shall be operated strictly in accordance with the manufacturer's instructions. D. Prior to the operation of the equipment, the city shall issue written approval of the engineering report required under this section. 9.30.025 -Modification of equipment. Any modification of listed or approved equipment other than routine maintenance or replacement of an identical replacement part voids the approval of the extraction equipment unless the modification is approved by the city in writing. Modifications that require approval include but are not limited to re-piping the system, addition of pumps, replacing components with non- identical components, and using unapproved gases. Chapter 9.35. -Plastic Bags and Polystyrene Containers 9.35.010. -Definitions. Affected retail establishment means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores,pharmacies, and retail stores. Biodegradable means the entire product or package will completely break down and return to nature. i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. Customer means any person obtaining prepared food from a restaurant or retail vendor. Disposable food service ware means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designated for one-time use and on, or in, which restaurant or retail food vendors directly places or packages prepared food or which are used to consume foods. This 284 includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. Food vendor means any restaurant or retail food vendor located or operating within the City of Seward. Plastic carry-out bag means a bag made from plastic that is not intended nor suitable for continuous reuse and that is less than two and one-quarter mils thick and is designed to carry customer purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or "compostable," bags used by customers inside stores to package hulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts: bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants: bags used to protect prepared foods or bakery goods: bags provided by pharmacists to contain prescription drugs: newspaper bags, laundry or dry cleaning bags: or bags sold for consumer use off a seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste. Polystyrene foam means and includes blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres, injection molding, foam molding, and extrusion-blow molding. Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as Styrofoam. 9.35.015 -Non-biodegradable plastic carry-out bags. A. Affected retail establishments, food vendors and nonprofit vendors are prohibited from providing plastic carry-out bags to their customers at the point of sale to transport purchased items. Reusable bags,recyclable paper bags and compostable bags, including biodegradable plastic bags, are allowed alternatives. B. Nothing in this section shall be read to preclude affected retail establishments, food vendors and nonprofit vendors from making recyclable paper bags available to customers. C. Affected retail establishments, food vendors and nonprofit vendors are encouraged to provide incentives for the use of reusable bags through education and through credits or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute plastic carry-out bags at any city facility or any event held on city property. 9.35.020 - Polystyrene foam disposable food service ware. A. Except as provided in section 9.35.25, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses polystyrene foam. 285 B. All city facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire polystyrene foam disposable food service ware for use at city facilities. C. All food vendors using any disposable food service ware will use biodegradable or compostable disposable food service ware unless they can show an affordable biodegradable or compostable product is not available for a specific application. Food vendors are strongly encouraged to reuse food service ware in place of using disposable food service ware. 9.35.025 -Exemptions. A. Prepared food prepared or packaged outside the city is exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City of Seward are encouraged to follow the provision of this chapter. B. Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or compostable alternative does not exist and/or that imposing the requirements of this chapter on that item or type of disposable food service ware would cause undue hardship. C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. D. Disposable food service ware composed entirely of aluminum is exempt from the provisions of this chapter. E. Emergency supply and service procurement. In a situation deemed by the city manager to be an emergency,for the immediate preservation of the public peace,health or safety, city facilities,food vendors, contractors and vendors doing business with the city shall be exempt from the provisions of this chapter. 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 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor 286 From: Brooks Chandler To: Brenda Ballou Cc: Clinton Crites;Janette Bower Subject: Title 9 Recodification Date: Friday,April 28,2023 11:52:28 AM Attachments: 23-xxx Uodatina Title 9-Health&Safety ORD w bwc edits and comments.docx 23-Oxx Title 9 AS fsianed by bwcl.doc 20230427 Amendments to Introduced ordinance V.2.docx External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings Brenda: Attached is a revised version of the introduced ordinance with changes to the IFC update sections. These were discussed with Chief Crites yesterday. A script for the Council amendments is attached. The changes have been highlighted. We had some questions and comments on the animal control portions of the ordinance. Specifically: 1. Is there a desire to make attempting to bite a person part of the definition of"vicious dog'? If so, a minor change in wording is needed (we highlighted what would be required) 2. Cats were added to some provisions but not others so I think a general review of exactly what requirements are intended to apply to cats is needed to make sure the ordinance matches intent. A script for the IFC amendments and signed agenda statement are also attached. If you think these are too many amendments we could do an S-1 substitute version with the only Council amendment being to replace Ordinance No. 2023- with Ordinance 2023- (S-1). IMO the amendments are not so much of a change from the originally introduced ordinance that the process would have to start over and a new public hearing held. Let me know if you have any questions or would like a more detailed explanation of the reasons we are recommending the IFC amendments. Apologies for the delay in this review. Brooks Chandler Chandler, Falconer, Munson & Cacciola 911 W. 8th Ave. Anchorage, AK 99501 907-272-8401 287 City Attorney Amendments Amendments to Title 9 Amendment No. 1: [Script: I move to amend Ordinance 2023- to] 1. Add the following as SCC Sections 9.15.111 (F)(2) and (F)(3) and renumber remaining subsections: (2) Chapter 1, (Administration) of the IFC, Section 103.1, Creation of Agency is revised to read: "The Seward Fire Chief and Building Inspector shall be known as the fire code official responsible for the implementation, administration and enforcement of the provisions of this code". (3) Chapter 1 of the IFC Section 104.7 is deleted. Amendment No. 2: [Script: I move to amend Ordinance 2023- to] Add the following as SCC Section 9.15.111(F)(6) and renumber remaining subsections: (6) Chapter 1, (Administration) of the IFC, Section 105.6.24(Temporary membrane structures,tents and canopies) is revised by adding the following phrase after"in excess of 400 square feet (37 mi^2).": "There is a mandatory ninety day period between the date an operational permit expires and the date a substantially similar operational permit (under section 105.5.49 of the IFC) or construction permit(under this section) can be issued. Temporary membrane structures,tents and canopies must be taken down during this period. Whether a permit is substantially similar is determined by the fire code official based on factors such as location, size and use." Amendment No. 3: [Script: I move to amend Ordinance 2023- to] Add the following phrase to Section 9.15.111(F)(8) and Section 9.15.111(F)(9) after"AS 18.70.100 and": "is guilty of a Class B misdemeanor". Amendment No. 4: [Script: I move to amend Ordinance 2023- to] Add the following phrase to Section 9.15.111(F)(36) after Cp: "simplified seismic factor". Amendment No. 5: [Script: I move to amend Ordinance 2023- to] Revise Section 9.15.111(F)(48) by replacing "by adding a component,11")with: "new Section 1009.2.2 Minimizing Snow and Ice Accumulation,to read:" 288 City Council Agenda Statement Meeting Date: xxx, 2023 To: City Council From: Brenda Ballou,City Clerk Agenda Item: Ordinance 2023-)=: Amending Seward City Code Title 9 — Health and Safety Background and Justification: The purpose of this ordinance is to complete the recodification for Title 9. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, DH = Department Head, Clerk=City Clerk) Code Citation Source Amendment Atty Include Animal Control Officer under definition for Chief of Police. Mgr Define cat. 9.05.110 Mgr Clarify the definition for dog. DH Atty Create new definition for firearm. Atty Update definition for Vicious Dog to match AS 03.55.020. M r : include" ttem ted'7 Commented[BC1]:Policy decision. See comment added to 9.05.130 Mgr Strike first sentence. draft. 9.05.135 Atty Clarify wording. 9.05.150 Atty,DH Strike section;adopt AS 11.61.140 by reference. 9.05.155 Atty I Clarify language. 9.05.210&.212 Mgr Add cat. 9.05.212 DH Atty Chan a timina for licenses to match current practices. 9.05.216 DH Atty Updating rice to cover costs. 9.05.218 Atty Strike section;if/when a petition for annexation is filed,then include as art of a proposed transition plan. 9.05.220 Mgr Update to include lead. 9.05.240-.244 DH Condense into one section. 9.05.246 DH Strike entire section. 9.05.252 Atty,DH Strike entire section. 9.05.258 Atty, Mgr Update vaccine requirements. rk 9.05.315 DH Update to within city limits. 9.05.410&.420 DH Atty Create new section for discharge of firearms. —Chapter 9.15 Atty,DH Entire section being updated to 2021 IFC. 9.15.125 DH Update to allow reports to be emailed. 9.15.140 DH Updating language. 9.15.210-.215 DH Delete as redundant to SCC 2.25.050. 9.15.220 Atty,DH Delete as covered in cit 's Record Retention Schedule. 9.15.230 1 DH Fire dept. retains reports. 9.15.235 Atty,DH Strike section; dues are part of the budget process. 9.15.240 DH Delete as redundant to IFC. 289 9.15.310 DH Change city manager to fire chief;fire chief issues permit per IFC. 9.15.350 DH Updating zone to match current practices. 9.20.015 Atty Strike sentence related to music on streets as obsolete. Atty Strike partial sentence related to x-rays as obsolete. 9.20.065 Atty,DH Striken language is obsolete; new language from attorney. 9.20.090 Atty Updated language. 9.25.030 Atty Striken as unconstitutional. 9.25.030 Atty Penalties are covered in Title 1. 9.30 Atty Updating terminology. 9.30.015 DH Updating language forequipment. -Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. 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: $ Has no fiscal impact Funds are(✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: C Not applicable Comments: Have suggested amendments to introduced ordinance Administration Recommendation e✓ Adopt Ordinance Other: 290 Sponsored by:City Clerk Introduction:xxx,2023 Public Hearing:xxx,2023 Enactment:xxx,2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-OXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE TITLE 9—HEALTH AND SAFETY WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review,update,and recodify Seward City Code;and WHEREAS,there are 16 Titles contained in Seward City Code;and WHEREAS,due to the sheer volume of material to be reviewed,it is more efficient and reasonable to provide the changes in smaller,more manageable portions for consideration;and WHEREAS,this ordinance is focused on updating Title 9—Health and Safety and reflects input from the city manager(including department heads), city attorney, and city clerk and will complete the recodification for Title 9. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1.Seward City Code Title 9—Health and Safety is hereby amended as follows: (Deletions=Bold StriliethFoughs;Additions=Bold Italics Underlined.) TITLE 9-HEALTH AND SAFETY Chapter 9.05-Animals and Fowl* *Footnote: See AS 11.61.140 and AS 11.61.145 for state provisions as to cruelty to animals and exhibiting fighting animals;see§ 11.01.015 and§ 11.01.075 for additional provisions as to riding animals and carrying animals on outside of vehicles. Article 1.—General Provisions 9.05.110-Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police. The chief of police and all police officers, animal control officers, and other 291 persons employed to perform any such duties. Cat. The smallest domesticated member ofthe family Felidae and the order ofCarnivora;Felis catus. Dog. ARY a^^,Wheth^„ Male, MRSPHYed ^ spayed female dog.A domestic mammal of the family Canidae and the order Carnicora;Canis lupus familiaris. "Firearm" means a weapon including a pistol, revolver, rifle or shotgun designed for discharging a shot capable of causing death or serious physical iniury. License collector. The license collector shall be the chief of police,and shall include the person designated by him to act in his behalf. License year.A license year shall commence on January 1 and end on December 31 of each year. Quarantine.The isolation of a dog or any other domestic animal in a substantial enclosure so that the dog or domestic animal cannot be subject to contact with other animals or unauthorized persons. Trap shall be defined as the use of any mechanical device such as a snare,steel jaw trap,steel leg hold trap,Conibear or spring trap,that is designed to shut suddenly upon contact to kill or capture an animal. Vicious dog.Any dog which has bitten a person,or which has basl(b)bitten Commented[BC11:As written the"attempt to an animal or ipersonl without provocation. ,or-whieh bite"standard only applies to animals. Was the „bit any pemwn or- l without„ ,,,,,, Funs„ cation „ h habitually after- intent to have this standard apply to humans as ' which well? [Note this differs from state law-AS vehieles> 03.55.020 which does not include animal bites. eRdaRgeFS the COM&Ft, health or- safety of any per-sons, or- which hah-itually injures or- City is allowed to be stricter than state law but destroys property, s hereby declared to be„ .-s a„ this means animal bite citations will NOT be brought under state law and the city will need to 9.05.115-Interference with enforcement of this chapter prohibited. prosecute not the DA. Commented[BC21:The"or person"would need to be added via motion to amend after the public No person shall interfere with,oppose or resist the chief of police in the performance of his duties hearing. as herein provided. 9.05.120-Impoundment of animals—Authorized. The chief of police,and all police officers,animal control officers, and other persons employed to perform any of such duties,are hereby authorized and empowered to take up and impound any animals running at large in violation of the provisions of this chapter,and to keep such animals confined in the city pound animal control shelter, or at such other place as the chief of police may provide,for not less than five days,unless such animals be redeemed by payment of the cost incurred.At the expiration of the five days,if the animal is not redeemed,the chief of police shall be deemed to have acquired jurisdiction over the animal and is hereby authorized to destroy or sell or to otherwise dispose of same. 292 9.05.125-Impoundment of animals—Removal from pound without permission. No person shall remove or attempt to remove any dog or other animal which is impounded in the city pound animal control shelter without first receiving permission from the chief of police to do so. 9.05.130-Destruction of biting animals. (a) No per-son shall kill or maim any animal which is known to have bitten any per-son or A. (h)Nothing in this chapter shall be construed to prohibit the killing of a dog or other domestic animal where such destruction is necessary for the protection of life and limb,or for the purpose of preventing a further attack. ""e'Qroetoa 135'Fa i@s""E)t4@f U'--1 Commented[BC3]:If(a) is being deleted this section no longer serves any purpose and 9.05.135-Quarantine of rabid animals,etc.-Authorized.* should also be deleted. *Footnote: See AS 03.05.070 for state provisions as to rabies control. (a) it is the duty of the A. The chief of police is authorized to immediately quarantine for observation any dog or other animal infected with rabies or believed to be infected with rabies. B_{#}If, upon examination, the chief of police or Fitt heck animal control officer shall determine that any dog or any animal is afflicted with rabies, he may cause such dog or other animal to be immediately destroyed; provided,that when any dog or animal shall be known to have bitten,scratched or otherwise exposed any person,it shall be kept under observation until the death of such dog or animal,or for fourteen days. C tel r.shall he the duty f'L The chief of police to shall promptly notify the state health officer of the location and description if the dog or other animal having rabies or suspected of having rabies;and shall also to supply the state health officer with the names and addresses of the persons who have been bitten,scratched or had any contact with the suspected animal. D.(4No dog or other animal which has had an illness which was suspected of being rabid shall be released from quarantine except upon the written authorization of the chief of police or city health animal control officer. E. (e)-Any dog or other animal having been bitten or presumed to have been bitten by a rabid animal,or any animal bitten by an animal which presumptively was rabid,shall be quarantined by the chief of police for three months;provided,that any animal the owner of which is not known, when such animal has been bitten or presumed to have been bitten,by a rabid animal, or when 293 such animal was bitten or presumed to have been bitten by an animal which presumptively was rabid,such primal shall be destroyed after a 14 day quarantine period has been observed. F.(f)-All quarantines shall be effective either on the premises of the owner„r bar-hove- or person having custody,control or possession of such animal,if practicable,or at the city pound animal control shelter. If the chief of police determines that such animal can be best observed in quarantine by being placed in the city pound animal control shelter,he may transfer and keep such animal in the city pound animal control shelter. The owner,-nay or person having control or custody or possession of any animal thus placed in the city pound animal control shelter shall be liable for all costs incurred in the keeping of such animal. G. oThe chief of police or his deputies are hereby empowered to enter upon any private property where any dog or other animal is kept,which dog or animal is alleged to have bitten any person, to inspect and seize and impound any such dog or other animal for a period of fifteen fourteen days,and may in lieu of impounding the same,require the owner of such dog or other animal, by a notice in writing personally served upon such owner,to quarantine the dog or animal for such period. 9.05.140-Quarantine of rabid animals,etc.—Removal from place of confinement. No person,either by himself or agent, shall remove from the city pound animal control shelter or any veterinary hospital,or from any other place,any animal which has been quarantined without consent of the chief of police. 9.05.145-Noisy animals. It is hereby declared to be a nuisance,and it shall be unlawful to keep,maintain or permit on any lot or parcel of land,any animals or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in reasonable and comfortable enjoyment of life or property. 9.05.150-Cruelty to animals. AS 11.6I.I40- i9 wi v h644 s,6;he''•'"6 i6i9e444~+ 4#is hereby adopted by reference. Janette question to Brooks:if this is adopted by reference,the fine schedule listed in Title 1 is applicable.Question to Brooks—can the fine schedule be amended?Does it conflict with AS 11.61.140? Commented[BC4]:There is no state bail schedule for misdemeanor violations of AS 11.61.140. (a)No PeFsen May ,,,,f,,,,„, 01. „-4 the-following arct ; AS 11.61.140(h)does establish some violations as Class C felonies. All felony violations are prosecuted by the State. My recommendation is n)intentional—ly, yith izi-im-inal negliR,.„,.e W-11, alia„don a anifflaij the City adopt a bail schedule for violations of SCC 9.05.150 which would cover non-felony city citations. That does not need to be part of this „ „„,„ ordinance although it could be added as an additional section. There is a plan to make significant updates to the Title 1 fine schedule once recodification is complete. 294 health; ; (5) Keep c-aHiHes OH V e-aHt PFOPeF4�' UHiess SUeh=PFOPeFt�- COHtaiHs—r CeHtigueuS shall be,. s;hle F the.laib-eaFe,maintenanee and s ..Frhe animals; (;� Cause a dom-esoicated animal te fight amother- am-im-al- or- hum-am he-ing, whetheF feF (9) T-F-Riff,or-keep for-the Pur-Peses ef training,an animal for-P*hihofiom in combat with an animal oF human being. !h\The above section does not apply to the fool.., impounding, disposifion of an r (3)The humane desr,.,l.-fion of an animal h.•its A;A,Npr-or-rhp.. prrs auth.., zed agent. (4)Stop the veh-We as dose to the seeme,of the aeeideat as shall be requiFed to perform the following: (2) info the owmer- of the animal of thekqjOr-yif the ., is ,,,,,l;l., aseer-tainable; location of the accident and a deseFiption of the injuFed animal and the appaFent HatUFe of the injuFy i f the a a"S w*meFship; not .dih-a er-ta;naMe 9.05.155-Removal and disposal of fecal matter. (a)-Any person in Possession of any household or 295 livestock animal shall immediately remove and dispose of all fecal matter left by the animal on public parks,streets,sidewalks or bike paths. /h\ An PeFSOH OWHiRg, 1..,.,..i.... h.,,.beFing any livestock animal shall ;.1... ..11.E or-h;l.......4hs > > (e) The penalty for- a first offense-A411 be a SI&OO eitation, . citation,with a— . . of S50.00 fel.thil-d -Ind Subsequent Offenses- Article 2.-Deg* Licensing and control x *Footnote: See AS 03.55.010,et seq.,for state provisions as to vicious dogs;see§7.10.248 as to regulating dogs in the small boat harbor. 9.05.210-Licenses required. No or-ha-boFff person in possession of any dog or cat over four months of age shall fail or neglect or refuse to obtain a license for such dog or cat. 9.05.212-License fee—Dogs or cats. A. (a)-There is hereby levied an annual license fee of$5.00 per year for each neutered male or spayed female dog or ca and$10.00 per year for each unneutered male or unspayed female dog commented[scsl:I noticed the following or cat.The license fee shall be due and payable on the first day of danuar-y Julv of each the initial sections relating to licenses only reference dogs. license year. An earlier draft added cats to the animals required to be licensed. Is the intent to charge a license fee for cats also? If so,should B.(b}Any person who fails or neglects to pay the license fee on or before the first day ofFeHr-uary references to cats be added to the following August of each year,—as the license fee becomes due, shall be deemed delinquent under the sections regarding licensing? foregoing provision and shall pay an additional$5.00 penalty in addition to the prescribed fee for Formatted-Highlight the license. C.(OAny person who comes into ownership or commences to harbor a dog or cat within the city after the first day of daruar-y Julv of each year shall,within 30 days after such time, obtain a license as provided in this section at the full 3+ea eV qj:L rate stated above. D. Licenses shall be issued for a three year period and renewed on or before the first day of August following expiration. E.Dogs that are spayed,neutered and micro-chipped and have a current rabies certificate are eligible for a lifetime license for a fee of$30. 9.05 214—License fee Kennels 296 9.05.216-License fees—Collection;issuance and form of license tag. A.ft+The license collector shall,and it is hereby made his duty to,see that the licenses from every owner orbarhor-P. of dogs required to be licensed are paid. The license fee shall be paid to the license collector, and the license collector shall issue a tag for each dog licensed. Upon the tag shall be the stamped words and numerals showing the license year for which the same is issued. The tags shall also be serially numbered.Replacements for lost license tags may be procured from the license collector upon proof of loss and payment of$045 $1.00. B.(b)-The license collector shall keep a register in which he shall enter the name of the owner or barhorer of each dog and cat or which a license is paid,together with the date and number of the - commented[sc61:"and cat"was in last draft. tag issued. Cats will be required to be licensed. Not sure if a decision was made to keep registers only for 9.05 11 M 1,eeM se fePs l*emptien&F newly nnexed territories-. dogs. Perfectly fine to do so if that is the intent. lm ter-r-itoiips newly annexed to the eity,He lic-ense foes As called for- thk A148de shall he FeqviFed for- dogs which ar-P. then licensed by tho Kong* Peninsula 90FOUgh during the any such Kenai-Pen-in-suda—Ro-r-ough license. 9.05.220-Wearing of license tag required. No person owning harboring or having charge or control of any dog shall keep,maintain or allow such dog to be within the city unless there be attached to such dog a collar, lead or harness to which the license tag for the then current year shall be affixed. The collar, lead or harness and license tag shall be worn by the dog on a constant basis when the dog is on other than the owner's private property. 9.05.222-Tag to be worn by dog for which issued. No person shall attach any current license tag to any dog other than the dog for which the tag was originally issued. 9.05.224-Removal of license tag prohibited;counterfeiting of tag prohibited. A.(a)-No person,other than the owner,shall remove from any dog any license tag attached to such dog under the provisions of this chapter. B.fb}No person shall counterfeit or attempt to counterfeit a dog license tag;receipt for payment for license or certificate of vaccination,or place a dog tag upon a dog unless the tag was specifically issued for that particular dog. 9.05.226-Impoundment of untagged dogs. it is>,.,,.eb ,..ado the a„+. Of The chief of police is authorized to take up and impound all dogs found in the streets or public places within the city without a tag as provided in this chapter, 297 and to keep each dog so taken up and impounded for not less than 72 hours in the city pound animal control shelter,unless such dog be sooner redeemed by the payment of all pound fees incurred,together with the production of the required tag. 9.05.228-Disposition of unredeemed animals. At the expiration of five (5) days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by him;provided,that the chief of police is hereby authorized to sell any unredeemed animal upon the purchaser paying all adoption fees and deposits as set by resolution of the city council from time to time.A license shall not be required if the animal is immediately removed from the city. 9.05.230-Liability for injury or disease during impoundment. Neither the city,nor any of its officers,employees or agents shall be liable for any injuries suffered, or disease incurred,by any dog while taken up and impounded. 9.05.232-Vicious dogs—Reports;control. A.(a)-Whenever a dog suspected of being vicious is reported,the chief of police shall investigate the conditions of the dog's behavior,and if he finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog, he shall deliver in writing to the oivner or bar-h^r-^r person in possession of such dog a statement of the facts and circumstances concerning the dog's behavior. He shall also order the owner harborer-person in possession of such dog to keep such dog in a substantial enclosure or securely held upon a chain or other adequate control,or if this restraint is impossible or impractical,such dog shall be impounded in the city pound animal control shelter until such time as the owner barboner-of such dog shall make provisions satisfactory to the chief of police for the restraint of such dog either in a substantial enclosure or upon a chain or other adequate control. B.(b n dte even* h* u-c If the owner orbarhor-to shall fail to make provisions for adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that he will not be a menace within the city. 9.05.234-Same—Running at large. No owner or harbore person in possession of any vicious dog shall permit such dog to be at large after he has been notified by the chief of police that the dog is vicious,or when he knows,or by the exercise of reasonable care should know,that such dog is a vicious dog. 9.05.236-Same—Posting of premises. Whenever any dog has a disposition or propensity to attack or bite any person or animal without provocation,the chief of police shall order the owner to post and keep posted upon the premises where such dog is kept under restraint as herein provided,in plain and conspicuous view,a notice 298 in letters not less than two inches in height,which shall contain the words: 'Beware of Vicious Dog." Failure to obey such order in any respect as herein provided shall render owner liable to prosecution for violation of this chapter and shall render such vicious dog subject to summary destruction if found at large. 9.05.238-Same—Menacing utility service employees. In the event that any person owns or harbors any dog which bites or attacks,or threatens to bite or attack,any meter reader,inspector,officer or employee of the city while in the performance of his duties as such,the city shall have the right to cut off all electric and water service to the premises where such dog is kept,and not resume the same until such dog is disposed of or confined in such a manner as to insure that it will not thereafter menace such meter reader, inspector, officer or employee. 9.05.240-Running at large-Public paFles OF S^1100'gFOunds. A-1-1 aff-iffi-a-IS Shall be liept under-vestva-imt either-by a leash oF by being kept emdlosuve- An animal shall be eonsideFed to Fun at Wge of it-is net Fest-r-ained by a leash oF enelostiFe. °n 5.242—Same StFeets,alleys,etc. No person owning,heeping,haFboFing^"having^^n*r^'or in possession of any sit dog or animal shall permit such dog or animal to run at large upon any public street, alley or any other public place within the city,and no person shall permit any animal to be upon any public street, alley or other public place within the city, unless such an dog oY animal is kept under the immediate control of the person in possession of the same by voice command or leash. 9.05.244 Same Female dogs On heat. No owner-or-haFboFeF of any onspayed female dog shall peFmit oF allow suell dog to stFay or- o nc,4 6 Same gr=:ate pFopeet' nees;impoundment ailtho r-*?;e1No per-son owning,harboring or-keeping any animal shall permit the same to trespass or- and any sueh animal found to be Funning at Wge oF being upon any publie stFeet,alley or- C this section, may be impounded in the cit�-pound and disposed of undeF the PFOI-iSiOnS Of this wFifing that the animal has been impounded. 299 9.05.248-Disposition of impounded animals. At the expiration of five LLdays,if the animal mentioned in the preceding section is not redeemed, the chief of police shall be deemed to have acquired jurisdiction over such animal,and he is hereby authorized to destroy or to sell or to otherwise dispose of same,and any proceeds derived therefrom shall accrue to the city,to be deposited in its general fund. 9.05.250-Citation of owner in lieu of impounding. In lieu of seizing and impounding any dog or animal found to be running at large in or upon any public street,sidewalk,alley or public place,or tFeS RSSiRg OF being upon apr-Wate^rope y to the anno- or kept or maintained in violation of any of the provisions of this chapter,the chief of police may issue a citation to the owner orbarh^r-^r of any such dog or animal,fixing time and place not less than five days from the date of issuance of the citation directing the owner orbarhor-e. of any such dog or animal to appear before the judge of the magistrate's court,to show cause why such person should not be punished as provided in this code for causing or permitting such dog o animal to run at large, or- be upon private property rtFa-n to the pr-ovisions Of this ChHpteF,or for any other violation of this chapter,and to show cause why such dog or animal should not be destroyed,unless such owner or-h bore makes adequate provisions for the control of the animal as required by the provisions of this chapter. Upon a third offense,any such dog or animal may be ordered to be summarily destroyed.If such citation is issued as a result of a complaint made by any person against the owner o of any dog or animal, a notice in writing may also be given to the person making such complaint, notifying him to appear at the time and place stated in the citation,to verify the complaint. streets,In the ewpnt that thp.ownpw or-bar-boFer-of any an-im-al Wind running at large on the pubhe > or upon private propet4y,to the annoyanee of any > > > and the animal eannot Pe'-w-07-Pealb-Ii- oFdinar-y means No that it may be impounded at the city pound,then such Ani summarily destroyed by the chief of police. 9.05.254-Retention of animal without owner's consent. No person,without the consent of the owner thereof,shall hold or retain possession of any dog or animal of which he is not the owner,for a longer period than 24 hours,unless such person shall within such 24 hour period report the possession of such dog or animal to the chief of police, giving his name and address,and a true description of the dog or animal. 9.05.258-Antirabies vaccination required. 300 It shall be unlawful for the owner of any animal to keep or maintain in the city any animal over the age of six L6Lmonths,unless it shall have been vaccinated by a licensed veterinary surgeon with antirabies vaccine, within two years preceding the date on which such animal is kept or maintained,unless the animal is exempt from receiving a vaccine by a licensed veterinarian.As used heFein," 9.05.260-Antirabies vaccination prerequisite to issuance of license. No license shall be issued for any dog unless the owner presents proof that the dog has been vaccinated with antirabies vaccine, as defined in section 9.05.258 within 24 months prior to the date of the application for such license. 9.05.262-found Shelter and feeding fees. The city shall collect a$25.00pound shelter fee,plus$3.50 per day for feeding each animal so impounded,plus any license fees due according to the provisions of§9.05.212.Thepound shelter fee shall be$50.00 for the second impoundment of the animal within a calendar year under the provisions of this article;the pound shelter fee shall be$100.00 for the third such impoundment within a calendar year. 9.05.264-Disposition of fees. All license and pound shelter fees collected pursuant to this chapter shall be paid into the general fund of the city. Article 3.-Hunting and Trapping 9.05.310-Trapping of animals prohibited. It shall be a violation of this chapter for any person to trap, attempt to trap or aid and abet any person in trapping any animal,wild or domestic, within the City of Seward,provided,that this section shall not apply to the following persons or activities: A.(4Hunting,trapping,or capturing of animals or birds by city,state or federal law enforcement, game department or animal control personnel while engaged in the performance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research; B.(b}Hunting,trapping or capturing of rats,mice,shrews,or similar vermin;or C. (c*The nonlethal live capturing of loose domesticated animals or birds by means designed to ensure the safety and well-being of the animals.Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. 9.05.315-Hunting prohibited in city limits. 301 No hunting, trapping or harassment of wildlife by any means or methods whatsoever will be permitted within . city limits, unless within areas designated by the chiefo0okce as lawful for hunting. 9.05.410-Discharge of firearms. Except as provided below,it is unlawful for any person to knowingly discharge any firearm,air rifle,air pistol,BB gun or dart gun within the city limits. 9.05.420-Exceptions. The provisions ofSection 9.05.410 do not apply to: A. A peace officer acting within the scope and authority of'the officer's iob; B. Any person who is lawfully defending a person or property; C. Professional or public target ranges specifically authorized by the city council, or indoor air propelled arm target ranges;or D. The discharge of a firearm in areas open to the public for lawful hunting with a firearm. Chapter 9.10-Civil Defense and Disaster* *Footnote: See AS 26.20.010,et seq.,for state homeland security and civil defense provisions; see AS 29.35.130 as to the establishment of emergency services communications centers. 9.10.010-Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Civil defense.Preparation for and carrying out of all emergency functions other than functions for which military forces are primarily responsible,to prevent,minimize and repair injury and damage resulting from disaster. It shall not include nor does any provision of this chapter apply to any condition resulting from a labor controversy. Civil defense and disaster service worker. All city employees, all volunteers registered with the civil defense disaster organization, and any unregistered person pressed into service during the state of disaster or state of extreme emergency,by a person having authority to command the aid of the citizens in the execution of their duties. Disaster. Actual or threatened enemy attack, sabotage, air pollution, extraordinary fire, flood, storm,epidemic,earthquake or other disaster which is or is likely to be beyond the control of the services,personnel,equipment and facilities of the city,and requires the combined forces of other 302 local agencies to combat. Local peril, local emergency or local disaster. The existence of conditions within the territorial limits of the city,in the absence of a duly proclaimed state of emergency or state of disaster,which conditions are the result of an emergency created by a great public calamity,such as extraordinary nuclear or chemical accident,fire,flood,storm,epidemic,earthquake or other disaster which is or is likely to be beyond the control of the services,personnel,equipment and facilities of the city, and requires the combined forces of other local agencies to combat. State of disaster. The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by such condition as air pollution,nuclear or chemical accident,fire,flood,storm,epidemic,riot or earthquake,or other conditions,except as a result of war-caused disaster,which such conditions by reason of the services,personnel,equipment and facilities of the city,require the combined forces of mutual aid to combat. State of disaster does not include nor does it apply to any condition resulting from a labor controversy. State of extreme emergency.The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by an enemy attack,or threatened attack,or other cause such as air pollution,nuclear or chemical accident,fire,flood,storm,epidemic,riot or earthquake, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services,personnel,equipment and facilities of the city,and require the combined forces of mutual aid to combat. A state of extreme emergency exists immediately and without proclamation thereof by the governor whenever the state is attacked by an enemy of the United States or upon receipt of warning from authorized federal or state agency indicating that such an enemy attack is probable or imminent.A state of extreme emergency does not include,nor does any provision of this chapter apply to a condition resulting from a labor controversy. 9.10.015-Purposes of chapter;expenditures. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city,in the event of a disaster from natural or man-made causes or acts of war, and to provide for the coordination of the civil defense and disaster functions of this city, with all other public agencies and effective private persons, corporations and organizations.Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed exclusively to be for the protection and benefit of the inhabitants and property of the city. 9.10.020-Director—office created;powers generally. There is hereby created the office of director of civil defense and disaster.The city manager may be the director of civil defense and disaster.The director is empowered: A_(WTo request the city council to proclaim the existence or threatened existence of a local disaster or local emergency and determination thereof,if the city council is in session,or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time; 303 B.f4To request the governor to proclaim a state of disaster or state of extreme emergency when, in the opinion of the director,the resources of the region are inadequate to cope with the disaster; C.WTo control and direct the efforts of civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter; D.(4)-To direct coordination and cooperation between divisions,services and staff of civil defense and disaster organizations of this city and to resolve questions of authority and responsibility that may arise between them; E. (zS)-To represent the civil defense and disaster organizations of this city in all dealings with public or private agencies pertaining to civil defense and disaster. 9.10.025-Director powers in event of disaster or state of extreme emergency. In the event of the proclamation of disaster or local emergency,as provided in this chapter,or the proclamation of a state of disaster or a state of extreme emergency by the governor or the director of the state disaster office,the director is hereby empowered: A. (WTo make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster or emergency; provided, that such rules and regulations must be confirmed at the earliest practicable time by the city council; B.WTo obtain vital supplies and equipment and such other properties found lacking and needed for the protection of the life and property of the people,and bind the city for the fair value thereof, and if required,immediately to commandeer the same for the public use; C. (3)-To require emergency services of any city officer or employee, and in the event of a proclamation of a state of disaster or state of extreme emergency by the governor in the region in which the city is located,to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges,benefits and immunities as are provided for regular city employees; D.(4)-To requisition necessary personnel,and material,of any city department or agency; E. (-4)-In the event the city manager is appointed civil defense director,he is to execute all of his ordinary powers as city manager,and all of the special powers conferred upon him by this chapter, or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute,or agreement,approved by the city council,or by any other lawful authority,and to exercise complete authority over the city and to exercise all power vested in the city by the constitution and the general laws of the city charter. 9.10.030-Organization—composition. All officers and employees of the city,together with those volunteer forces enrolled to aid them 304 during a disaster, and all groups, and organizations, and persons who may by agreement or operation of law,including persons pressed into service by provision of subsection(3)of section 9.10.025 shall be charged with duties incident to the protection of the life, and property, of the city, during such disaster, and shall constitute and be known as the civil defense and disaster organization of the city. 9.10.035-Organization—division,services and staff. A.fa}The function and duties of the city civil defense and disaster organization shall be distributed among such divisions, services and special staff, if the city manager, acting as director of civil defense and disaster organization,or the director,shall prescribe. B. }The city council shall, , adopt the civil defense and disaster organization's plan for the city,which: (1)Sets forth a form of organization; (2)Establishes and designates divisions and services; (3)Assigns,functions,duties,powers and responsibilities of the civil defense and disaster services personnel; (4)Designates services and the respective chiefs of services; (5)Establishes operational procedures to be carried out in the event of local disaster or emergency, or proclamation of a state of disaster or state of extreme emergency,as defined in this chapter. C.(e)-Insofar as possible,the form of the organization,titles and terminology shall conform to the recommendations of the state disaster office and disaster agencies of the federal government. 9.10.040-Continuity of government;standby councilmembers. To provide for the continuance of the legislative and executive departments of the city in the case of a disaster,the city council shall appoint seven standby councilmembers who shall assume their positions in alphabetical order and who shall have the qualifications,tenure and duties and powers specified in chapter 3 of the Home Rule Charter of the city. BC:Has this been done historically? If it is being ignored,should be deleted from code. 9.10.045-Acts prohibited during disaster. It shall be unlawful for any person,during a disaster: A_0}Willfully, to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter,or in the performance of any duty imposed upon him by virtue of this chapter; 305 B.WTo do any acts forbidden by any lawful rules or regulations issued pursuant to this chapter, and such act as is of such nature as to be likely to give assistance to the enemy or imperil the lives and property of the inhabitants of the city,or to prevent,hinder or delay the defense or protection thereof. Chapter 9.15-Fire Prevention Article 1.-General Provisions oaf i i n U afigv„,Five Code Adopted. . 9.15.111-244-2 2021 International Fire Code—Adopted. stibseetion(b)below,ptiblished by the inter-national Code Gotineil is her-eby designated and fiFe ffevention. Although not published in full in this section, all of the pFOViSiOHS Of t F-We Code and the appendices cited sha-11 he and ave her-eby adopted by L'& to thi, Sami, *ttmt as W set F..,.th in full herein, exeept to the *temt that the inteFnational FiFe Code is amended b�-or-in e0fiffiet With this eOde OF ftffi-Felei-ftfft OFdiffilffee lateF adopted, w 1.;eh am..,tl..... ..F tl.;s.....1..shall apply-. (b)The foliowi made to the inter-national FiFe Code 2012 edition,heFeinafter- t.. IVC-; its., ..1;, t:..,...s the Ce.A.,,..1 Vive!"...1 1 The r Ch 2 l o no and 68 �o rhap l 2n cn ��te�s c�ose�- �te�sr ,_ , 80 and Appendices B D, and 1 (2012 edition) ^are adopted by Fe€erence te=regulate all , and devices, and fmm other-conditions hazaFdous to life alld PFOpeFt�-,with the following V-0,s N* " and r-eplaeing them th "EL-1eetr4c-al Code as adopted by 9 "A C 70.025, amended as A September,2008 and a mended fi--o arm time to time." Code"the"InteFnatie-mal Foe-Gas Code"and all FefeFenees in the"lnteFnational Plumbing andTeplaeing them-;*-it' "nl„rye as-adopted'' 63.010, as amended as AF FebFUaff 23,2011^ended fi--om time to time." i Ch ptei i oeetio n 105 o (Required tion � deletingl f, ,. ��«ga.. epee a«o..a pe�m�tsT�s revise �- a. _. _. _. . 36 306 PyFoteehnie special eMots materials, tents and _. . ., 5.Chapter- 1,See ' 1tfe� °i �.7, (Reed eenstmetionr permits) is r-evised by deleting A eonstr-tietion permits exeept for- _. _. . 6 Fire ala-M and aeteetien Systems and .elated equipment, 105" 'ire pumps and .elated equipment, 105.7.19; Standpipe "-stems, 105.7.16 Tempffaff membFane StFuctuFes, tents and eanopies. 6.Chapteir 1,Section 108 (BoaFd of Appeals)is amended to reflect SCr o�c„2 7.Chapter-i Seetie i 109 i �iB.atie i penalties); deleting; "shall ,� .� �, f,ena.�.��,r.�re�-ise �- ern t�'e a not exeeeding [.H+ I ' I . 1, or- both such Ame and imprisonment"; and r-eplaee with.: It shall of SC-C-O,C and AS ,4'7!1 100 and punishment shall be-asset-fo Fth in AS 17 cc 11 �r ,l„fit• .,l Group L' Pay Gar-.,, t6--read."-lieii6eof.. 1.,,;1.ing.. `tmetwe,eF Pe Ftl9n of the building OF , foF education, than f;..,. ch*idr-pm who ar-P ..l.l than two and Amp half.�ays of a ffel,,.ing .-l.;l.l Feff to the Sr.,ff sl...11 1.e.-1..ss;,ed.. a Group E.. rr definition--:ref "Educational Group L' Day Care" t6Tcad; "Exception'. Farm- childaFe homes (GFotip R 3) operating between the hotir-s of 6tOO a.m. and I- -- . , Fequirements of Section including emer-gency escape and Fescue openings,as FequiFed- by .1ps.-,.;1.p.1;,, spotion 906 rr ion. GhapteF 2, SSec enerala-ce Hiitiens)is ievised by adding a Hem, paFagr-aph l}et;v-een tl}e-first-and spy-And phs of thedfl"i6ion kv- ' Group r ,n in . , A faeffitv in this oeetiptiffey elassifleation that has eeeopants whe need physical assistanee to respond in emeFgeney situations ffiffst Geffipl�-W" the WC,SSection4°�." It. Chapter-2,seetieff 202,(Gemer-al derl"itions) first sentenee ef the last paragraph of the .hAll-e ," AA-e OF feM ,,.-1,,.l;,,g p .PlatPa to rl,� "to . rr above, 307 a 74 Lour- has-is to .,, a than five ch l.l,.e„ .,ho ., a vivo and .. a halt�-ear-se f age eF less; including chilli•enirelated to the staff sly>haH b77 be classified aS G F f,I-** "GFe p 1 4, uu' cure facilities" is rev�sea to read: "A facility within th is occupancy -five o--r- per-seas, ineluding per-sons vpla�pd to the staty-, shall be _• de€xnitiei: ,F "R "Residential��e "Occupancy c€assifie-atiei3 et3A,eeu the 1r�Seet' °t 1� .. . the 16.ChapteF 3,Sectien-3A7.2,(DeFmit r-eqUiFed),i>revised to r^d. "Ap The fire chief , , flee." 17.Chapter-3,seetion 309..3,(feu flame),is cevised to--pad- "Open name.T'� The use oaF--open , ;.eFship,enteFtainment, amusement, instFuctien, edueatien, eeeFeation, awaiting eonstiltation with the Fegister-ed fire depaFtment having transportation,OF SiMilar-PUFPOses in assemb'Y OF educational occupancies must be done in 18. Chapter 3oection 31 .1 1 is Fevised by deleting the Fe€er-ence "r re,. at;,nal D..,.peFt., Mamtenaamce Go`e,'I.", , . to F-pad- "It the e-eat-an1n;anted- reAccu eFt�-,the Owner-or-oempant sh^a1 211 Chapter 4,Sec ' 4ntfei ^ neee cequir-ed),is eevised to read"Grout,A 2- nn Gh.^teF Sec ion 4oc see by adding j, ,4 ,,.;.�...,� � as >sa�a new seetfen 405.10 to redd- "405.10 False evaetlation 308 23.ChapteF 4,Section 405,(EmeFgency evacuation dFifls),is Fevised by adding a Hem,Section Seetion nnc 1n vcccavn-tvrry • "Evacuation .n occupants,means the ability of residents, and staff as a gFoup • "Point of Safety" Means a Vocation that(a)is exteFio-rte and away f....m a building; , FequiFements of WC section , or(2)within anotheF poFtion of the building that is than a e 1..f1F1...ff,.f;,.,, ....tiff.. and the poFti...f of the lfff;l.ing has a s to a means of eseape or- exit that eonfor-ms to the requirements of this eode and does no FequiFe f.et.f m to th ar-pa of the f;f.f. 40410.3, FiFe or-ills Evacuation Gapabihti- Bete t ttiet Thei�ttial—initial code offieial or-by an employee of the depat4mefit of health and soeial senziee 1....l official, based .. Fecord off F ff.l e dFills „.-t .. tiff. F t.. st.f .1ill FF The s will be conducted NO-*-times a yeaF on a bimonthh-basis,3A," at least t;Al,o d141-ts coadoeted doFing the night when r-es-id pm�s a F-P N, Must thp timp talip"to FeReh a point of ',date and time of the dr-i4l,loeation of simulated fiFe oFigiff,eseape paths used,and 404.10.4.1, 12Fo ..f.t f. ation eapabiht.-. L'.•.f.- ati..ff eapabflily of tl.Fee Minutes less indicates pFompt evacuation capability. in facilities m i I i i _, � upt evacuation F..11....pa 404.10.4.2, Mom, evacuation capability. &-amatieneapab!4k:s-ire-than thr-ee hilt less 309 pa novAirdaince with the sideatial ,.bleFs „staved ,..1.,"Ce with Section 903 2 1 :1 NV424 13 (SpFinlileF Systems). _. 10.4.3,impractical evacuatien capabilit�-.Evacuation capability ef fOUFteen minutes oF evaeuatien -, sllo;,c-atabilitinReF section nnc 1 n n 2. n.\ a half hou iFe-resistive-eettstruction via a thFee foot six ineh wide deeF; eF(io if the sleeping r-ooms aFe separated f+om the Fest 24.GhapteF4,geet' ^nt�;.1,(QeaeFal)is r-etisedtexeud-"GeReFal.Thepmv-i i�^F-eeti-01t rr 24 rhapteF n Seetion 404 a (CFe p >. occupaneies and r,.eup n 2 eoll.g,. and, sit., buildings) sed the addition o-: subNee you t..g„T..; :�...,� � a o �a s read 2499.3.5 atar--s. Fatse 16.ChapteF 5,Seetieu5o31.1,(MlheFe Feed is revised to read:"Buildings and facilities. ...1..a must 1.eFequir-ed to comp - with theFequiFem-ents of tl.;s pct*om WS deteFmined by the chief of that juirisdiction and be FequiFed to extend within 150 feet (4-9 of R facility." Chapter-27. _,Seetion_ (Bufldings and faeflities)lead in lime to the P*Ceptioff is Fevised- --m-C�ease of deoff-ease 90edi M-efl-s;oa o-f I cn Feet(4C'''-T A,hev-e:r' 74 Chapter-C seetion Cn2 1 1 (9014.ings and faeil;ties); Fevised by deleting a ption 2 r The existing buildings be pFovided with appFoved addFess numbeFs, building numbeFs, oF ', the st,-pet.. ad;F the 1.,,;1d—in g; et visible-from-the st,-pet.. r-Aad rr 310 30.C-hapter A,Cee ' °i 0.',(atv-eet$r road first sentence isle set to--^d: "T-hp be identified with appFoved „St,-UGtPd .. .^.1-i"t^e Within the; on af4eF SeptembeF 14,2001.2 32.Ghapter�Ceet en 507.5.1,(SA'heee Feed is revised to read-"Wheee eequiFed.`�ke}e site fiFe hydFaHtS and mains shaH be pFovided where FequiFe le official."This, ct*om;s my-thpy-F ed by deleting L'xeeptions 1 and 7 the hydr-ant." 24 !"hapteF , Seetien 603, (Fuel P.;Fed Appl;..,.ees) iS Fevised by deleting the Fef "Intemational Fuel Gas Code" and Feplaeing them with "Plumbing Code as adopted by 8 AAGo63.04°�.retded-as ofFebFuaff 23, and as mended -- M- to tier,and the re€eFences "IC-C- Electrical Cod and Fefilac-ingit with "ElectFic-al Code as adopted by o AAG 70.024,as amended as of SeptembeF 27,2008 and as amended f+om time to time." 34. Chapter- 6, Seetion 603.3.1, (Fuel oil stoFage in outside, above gFound tanks) the last r-Pi,oqpd to r-ead-"The storage offuel eil above ground in quantities ex gallons 11404 T\ shall „1., with NFPA 21 and have aminimum distance to n est impoi4ant building by not less than five I, ,Section 604, (EmeFgency and Standby Pom,eF Systems)is Fevised by deleting 9 A A r 70.025, mended as of September-27,2004 and a m-pm fed FrrAm time to time 37. Ehapter�, CCeetiens 604 and 606 (Eleetr4eal Equipment, SAlkinrt and uazar-ds, „Ic-c-Electrical Code" and relrlac-ingthefn ;:'ith rrEleet ical ^'e—aTa ,A by 9 AAG 70.mc�Tam. amended aso^F Fefitetnher",7nn4 and as m-etded--&om tune to time" 24 /`hapteF 7,Seetion 703.2.3,(,l..eF e Fatien); ed by adding a .,Section 7032.3.1 to r^d: "7A32.3.1 Operation.Fitre assemblies maynot beobstFuetedFatherwise itnpaked F-fromm their- pivper- eper-atien-at-anTt Mp. ` hen t,:;, vrr;elf ^elesing fiiz 311 TT R.C." 39 rhapt o Seetie onl n (r st..n..tion) is Fevised by adding an exeeptieff t^ ad.: ..1..FM Systems.1pact;....tp,,,..1p,.th A.BuRding is ; B.Building is piropeirb- , G.A-1'��t-i�ties,:ved-iscommeeted and The fiFe s.St^...P, a el.t;F;e.l a opeFational hpfi�vpthe hililding; ;...1. , it A 74 hour- a .1.... fiFe . ..tek as de-fimed on Section 202 ;ded .1,,,ing the inteFim L' Thy.F;,.P.-O&..F4;.-.,1; Atifie liff Fitiffg..Fthe C16S,,..e; .1 af. , the elesoFe; .;ded to the fiffe code.offi-c-ial rr io chi'teF oeetion Ooi C (4astaaai ion: ^ A r ,, ._�><..� �..eee�ta�ee testing) Fevise to Fea "Fire detectien and alairm systems,fire extinguishing wstems,fire standpipe systems, and etheF fiFe pFeteetion systems and appur-tenanees to those systems must meet the and are subjeet to the mire hydFant systems, fiFe pump systems, ^ate—f4FP SPF-1,4ee 2 must be conveyed te the chief within 30 days.'I 41 GhapteF O Seetion 0f11 Inspeetien ... „t^,,..nee) sed by adding a , , ( ,testing and r by this seetien,fiFe pFetection systems and fiFe extinguisheFs most be inspeeted,tested,and 1.AnnuaW-.Exeeption:Standpipe systems most be inspeeted,tested,and ses-ked cweFy fii-e i-ea'r-Y 2 AFteF a use eF activation; , found;3.Any time damage is 312 A A f4eF eF alteFatien; , _• n L A FteF seasenal shtit.l..wn Repeirts e f; ectiens and tests must be ... ,.t.,;Hed OH the PFeMiSeS, lld aCep�- e f the Goodueting the iffspeetieff eF test;*-kh—im 30 days ef the inspection or-test heing Gompleted. The annual fiFe extinguisheF testing may be peFfoFmed by any peFsen who has a valid peFfflit in aeeoff-xaffee 4tti13 AAG5A-038(h),ineluding theb,,;l �eF-or-the owxer-�^gent" SA'hcFe R:egaiFed fiFe pFeteGtiOR Si.Stca x S Alit oFSc 40P F x xoxe thRR eight hour-c a;:a nA n • 43 ChapteF ° See en 903 (Group n` Fevi.,ed to read•"'Fen E. An automatic p � w p Tim o t3 spFi ,.1 leF system most be pFel lide.1 thFO,,ghOfft .,11 1.,,;1.ings in !",cup E e The of this avix-. Exceptien:Buildings with GFeup E occupancies having an occupant load of 49 eF less. A. Aff afflit-offi-a-tie spr-inkler- system- must also be pr-ovided for- evelzy poFtion of educational buildings below the level ef exit disehar-ge. R Home Day f`aFe s that are licensed to a foF ... a than fh-e p s between the IH m. and 6:00 a.m. must be equipped with an atitematie spFinldeF "-stem designed and installed as dpqt:r-&hpd Section 903 3 1 3 or-an equivalent syste—— the building efficial. 44. GhapteF °,Section 903.2.4 (Group R) is to y-pad:"GF up R. A,. „ton-atie AC !`hapteF O Section 90-3 7 4 (Group R\ is Fevised by adding a new Seetion 903 7 4 2 to e 90 z 9 3 nealtti-C'—axN&es;:ittt T-r-ams ent 14eFS)MR i—a aN "TVRA building and oti-l—ize an N-VI-2-4- 13D spFinldeF system.in addition,rental eabins with petable M'ateF With sta�I s less than 30 days m4H be censi�dl pe-r-pedd R 11's and will be FequiFed to follom,this spct&om " 313 react:••Section 903.2.9.4 r,eup n 2 Am autom-atie SpFiffl£leF System Ov a yesideatial SpFariiieF height,system installed in acceirdance with Sectien 903.3.1.2 must be pFevided thFeugheut all- inetuding basements,eF that have move tham &uv-d;,Al,p"&ag units or-16 sleeping Feems." , , Sectien 903.3.1.1.2 to i'ead:"903.33.1.2 levato Heist la�,s and Machine Rooms.--.cz When t-he 30 (Ele•.ter-s and Conveying Systems) and 1CTL'DA 1 2 E1.....teF Heist Ways .1 Machine �ic�'axcoxcTing-oTsccmaT-c�-T-r-rzx c�'axcox�vrr��carnc A17.1 Saf o-!`ode F..,. and L sealato Fs(2000 editie ff)and.,depted by 4 A A G 77.005,as amended.. e f Oet.beF 16,2012 and a amended F em time to time and the fire spr-inliler-head feF the tep ofel-evator-shaf4s may have a giobe valve so the single head can he WFned ^fnaN emeFgency.The globe vah--e must be ma:-ked and sealed leelied in the open sitien room S* n\ rated om-the remainder of the building as described its I.l�.G Section 3006.4 CxT'ef�a:o a:�,�.. , >and; 49 chapter Cec ion:9o-3 i 1 `�i the i ram' v U j, .,4 . . o .,.;:e:=.;e `'a �t�a ate::� ecie�t,.0 3. . . to Fead; "303.3��3(inspectors test vah-e).Atest valvewvll be installed at the Femete area- in both d"- and wet systems to equal the FeqtiiFed Rew ef ene spFinldeF head.in leeations that use floor- control- valve-N the inspeeteF test valk-e may he co—Ilocated mr,hpvp it can he AO Gh.,.teF O,Seetion 903.3.6, threads)(14esthreads)s) ..ed by deleting "the fire ode o ffi-ia", and Feplaeing it with rrAS 18.70.08 n . "903.6.1 GFeup E. An appFeved autom-ati-c fiFe extinguishing system most he installed il+ Fepaies,oF 314 .1...-,,. i'mts to thost.that Must hi,Submitted F..,.Plan _. ,signattlFe,and date. 53. ChapteF 9,Section 907.2.1 (rrou ) is ,revised toireplace the exception tO Fead: "A Cn !"hapteF O Seetion 907 7 7 (Group R\is r-eilised by deleting the a ption n Rooms used foF sleepi or-poses within a day caFe use of a GFoup E oeeupaney most he PFOvided with smoke alms that compl"ithSectietr�O°�'�.?�1T�" and by Releting exeeption 3. . 44 !`hapteF O Seetion 907.2.7,(Group M); ed 1.y deleting a ption 7 CO C-hapteF n C�..-t..,.nn'7 1 4 1 (!",.oup D 1 Mammal F;.....lar-m system)is ed by deleting exception 60 !`hapteF n C�..-t..,.nn'7 7 O 1 (Group D 7 Mamma-'-five..1..,-m system)is see by deleting exeerti 7 61 f`hapteF O Section 907.2.10.1, (!",Oup D n Manual fiFe ..1..Fm system) iS FeLvised by- 62. EhapteF °,Sect' O°�61 7 (Record of completion) evised by adding a second na t, t ad; "A csly of aeeeptance test ceirti€cat 3.- 3mpletio in accordance m4ith NFRA-�-�, as adopted by r-e&reaee, most he F-�,, lei by the F-n.-�..m „tl...FkA-Withiff 30 da.•S..Fthe G ..letiO ff Of a SeGood ph to read:"W-hen-a plan .Pd &F- an e*iSting Group R 64 f`hapteF O Section nn'7 4 1 (Inspection,testing and maintenance); ed by adding a , , , nem5ecti-om to--^d:"9A'.4.1,- �e-amp Felee-at' ts)Onreaeh poFtable oF Felee-atable cafes, 315 documentatien that the s�-stem has been placed back in sen-ice and is Feady foF eper-atieft, A ntom aFe still ,.ed by the .-ede ., ,.e&,.e,.ced by 12 A A!" cn n2c rr 65 rhapteF o Sectien ono (C-aFben monoxide.,1.,,MS); sed 1...adding the F liewing 66 f`hapteF O Seetien Ono'7 (Carbon ». �-;.1e 1.,,ms); sed 1....,. diffg the F 11...E iffg , ,! , -4-om- a com-m-eFeial sour-ee, and shall be equipped with a batteFy baelitip. SAlking shall be the fiFm conducting the test within 2n V days A f t-he completion of the installation rr . 69 !`hapteF 10,Section 1 nn1 (General); revised 1....,.lding the F..11..w;ng m.Fds to the last n tezead- "isxeeption 4I^aasaeFs tised onb—te—attend equipment—a a exempt fFem the Fequirements of section 1000 n 71 Gha 1 n c 1 nno o m„ d )is,. by.,.1.1;ng a � n In motet- eet �Fe�t�tis�t�-.�revis �effte�c�: occupancies,. aeetttttttn^�tte►t04 the s-m—A-ml=oriee." 72 Gha 1 n c 1 n1 n Q m„ d )is 1....,. ding. "In �te� eet � t-�e�t�-.�rev3s �effte�c�: Snow or- eels 'ae�esie�to� ;ze tine aeeat tiett�t#e�tto;=,�?ee.rr , 316 74 /`hapteF 10,Table 1 n1 4 1, !`..,.,.! ;deF fiFe ist.,nee Fating); ed by adding footnote rr "to .rr A.SeFves any oeetipant load greater-than R 2 occupancies shall be permitted te have a ene heuir irated ceirrideir without B.SeFves less than fOUF dwelling units er-16 eF meFe sleep Feems; C.is less than thFeeStOFies iNnheh t." 7c C-ha 1 n c 1 n10 1 m l) h-adding a � � " _�pteF eet��Qe�teea�res3� �n �e�tte�tce te-r^� tee exit baleenies shall be designed to minimize tteetimulatieft of sno-A, eF We that ifflpede.s the means of rr 76 f`hapteF 10, Seetion 1021.2.2, (Basements) .,see by .kiln, a seeond paragraph to Wd exelusiveh-foF the basement or-fiFst level belew the first ston,Must hav-e , .,laUHdff FOOMS,maintenance offices, as pFel-iding spill-ice to the building." and similaF uses may not be consideFed .5, (Dispensing of flammable and cembustible liquids)the last 4thGhapteF 23 of the IFG and N nA 407 . ...1arted by r-e€eFeac�. r 70 Chapter- 10 Section 7005 (Portable t;.-e extingtiisl.eFs) r-evised by deleting seetie ff in0c•Q• 40 Chapter-10 Seetion 7006 1 (Air-e a#motor-.,hide fue, dispensing F e l;ties)is Fevised to iread:"Aircraft motoF vehicle fuel dispensing stations shall be in accoFdance with Chapter ���rthezlHt^r' .T>nA 407 as adopted by Fe€ r-pmcp.r revised by ^'1�, �.iag a new exception to read: "hxeeptieaAil-ehiele ortraser tank with-a a .,Ft;Fthe F ,.ts ar-P mpt. the tank eapaeity-,L R.The tank and A appoFteffamops u-sed iff the fueling operation ave-listed and appFeved feF the speeifie 317 G.Electeical heading i ided as requiFed under-Seet o :1006 3 7.,r A.Tanks must be located as rued foir"Other Tanks"by Table 2306 2 2. m—R.Tanks m-ust be enelesed by a six feet high industFial t�-Pe Ghaim link&Mceml,ith a Minimum of two access 0 pposite side of the enclosuire.Each gate must be at least 36 the&MV-P." "Exception:A leak detection device iS HOt Fequired if the under-ground piping is extFa heavy ^n St^^1 m th ^n y,elded; nt dieleetr4e ^tin and eatly.die py...teetie " a] � ­ b MeF the oil noF water phase may drain to septic systems,dFy wells,oF otheF m-ea seek,^" §entpmcp"and C^y,..,..1 City Code ChapteF O 1 C A ti.-1..3.2 ,land So,..y..l City.Cede Chapter-O 1 c A Ftiele 2" 97. GhapteF 50,Section cnie - 01 eflity Glosore) is teT^d: "8eommentation The frechie€ of the reglsteFed came depaFtment having juFisdictiei3—ffla�- regUiFe—the r-equiFe that the documentation inciude as appFoved facility closuFe plan in accoFdance with Cecti- m 500163. The -five chief may e the sil-b- is-si.y. of the a ^y.,l^„s -Mmite-yi..ls Management -Plan and 1-4-a-zar-dous M-ater4als lnveatoF�, Statement Sections cnnl c 1 and cnnl c 2 " 88. Chapter 56, Section (Scope) revised to ifi.seFt "and AS 14 7", a€teF "The pFevisieffs of this,-hapte " n in _, NFPA AOC shall g ,. the.yy „faCt tFa y.age ale handling and use of explosiveateyials " 46, Seetion 4601.1.3, ,With the eNeeptiOBS Fefflftkliffg, tO 318 handling and use effir-ewer-lis is pr-ehibited exeept as ,Ste Fage,sale, allowed in this iectieli and AS x� -18.74'77 rr 01 GhapteF e6 Seetie e601 1 (Seope); Fevised by adding^mem',Section e601 1 1 6 to E.'.n n^.ts 100� 194�T^ peFson may well Fe ^,a, possess, oF tFansper-t—firewo-lis &. _ , °s'. GhapteF 56, SSee C�f9� 6°i--.c,v1r.2, (12eFmit FequiFed) is--reviser toT^cisd• "Pe its shallhe rr O hap c� C c6fl1 '7 !C b .l.ing .1S "eF A C 1 4'77 rr . —a�teF ee�ett_ ,�erz.� revise e��� A . 94. GhapteF 56r-evised by deleting Sections 5601 2 n (Fin.,,.eial Respe sibiRt..) n OC rhapteF 56 Sectien 5601.2.2, (Sale alld Fetail display) iS Fevised by deleting the ,..1s 96. GhapteF�, SSeetion c—�4 is-eviset by—:e-titling the seetion 'TUR AXOR rc RETArr SALES T ES AND DISPLAYS." 97 GhapteF e6 Seerie e604 1 (Ge ^p; r-evised by adding^ seeend. ph ter ^& n 98. ter 56,,ee erini e-atieH)iS FeLvised te-r^^d: "PeFmit application. 1nc6of the r>r. (a) w l...lesaler-s 14eens„ s desyi-a.^.l AS 1 4'77 to sellor- pessess fer- sale 1 AGor- 1 3c fiFewor-lis tit , ,as deSCFibed in AS 18.72, foF each lecatien wheFe the applicant intends F t.... S fiFe W.FkS F r.lic..l.,�-a „tiffe teStiffg Of 1 3G fiFe3A..,.1,S. 319 (e)a al.. .,fir WF „riffe testing of 1 3c, f;,.e ..,.1,s (2)A Reense er-permit under-(a)(1) (4) of this paragraph mustbe obtained ffem the sta Affe m-ar-sha-l's effiee.A permit under-(a)(A)ofthis paragraph May be obtained&Am tht,Statt, ;Stffed fi Fe,1,....,,.r.,,e fft i„the; iSdiGti..,,.,1 Accur- (3) Feeeived by the Affe m- ,-slabs ef4;ee 14 days l.t.f.yp the actl.,iyy is sehe.l„lt..l to Accur- A !A\ A....l eatiews,f..,..,li.-e,see peF.,fir most include and in the ameunt set eut in AS 18.72.020;eF liabilit-v insuFanee, inetuding both tteeident find eeetiFFenee insuFanee, foF not less than 84,000,00- My injur-y and death,and not less than$500,000 for-pr-opeFty damage; (A) An., ..l eati-om F peFmit under-(a)(2)of this p ph eF f..,.., fire ..,.1,s event undeF (a)(4) ef this paFagFaph must include a plan and ,. state fiFe ,. y site; (it)hits passed a wFitten examination administered by the state fiFe maFshal;and in this state eF helds a valid pyFoteehnie epeFateF's peFmit eF lieense ffem anetheF state. HadeF(a)(4)ef this paragraph M-list hold a va—ld pyFeteehnie opeFator-'s permit undeF(a)(3) of this p ..1. " 5608.2.3 to read: "Sectiei56°�.2.3,Revoe-atien and suspensien.A peFmit feF the retail sale of sal.bib firpwor-lis ..i.l if the intended ..1acp Of sale or- use of the .. m;t k ,;th;m a joFisdietien that,by er-dinanee,has pr-ehibited the sale or-use of fir-ewor-lis or-it the peFmit prohibited the salp or-usp of fir-pwor-lis The State P.i,.,.Ma,-shal may ..ke a permit li.-e mse if. 320 tl,p datp spt; the eFdeF; IN 77or-the f;,.e.-ede latie ffs in this.-hapter-;,.the same.-.leff.1.,,...,RF;e it R PeFffiit OF is that pr-psents an thr-pat to days af4er-the appeal.The appeal most be pestm-aviied m4ithfiff seven days felleyWiffg the dRte may net appb- for- er- be gr-anted a new permit er- lieefise for- the stile, tise, er- display of f;..Pw..,.1,s F .. vear-F,.om tht,datp..F,.p.,ocatiom rr 100.Chapter-46 Seetien 4604 6 (4astaRation of met..,.$); r-evised by adding a m Seetion 5609 6r1 to,�:rr�9 6 1 Movtav ee tstraetiel Movtays mustheesnstr-xeted er—hig= deffsit�-plastie Pipe,er-metal ether-thaff east ir-on." 56,Sectien_ 608.11,(Retail display and sale)is Fevised by adding a new sectien tezead- "560941 Retail display The retail display a of fir,.e; 014,s shall he ..,. h*h*tpd.,;th;,, Cam.,.,,..1!`;t.•1;.,,;t� rr 102 rhapteF 57 Seet4on 5704.3.5.1,(Basement st.....ge); r-evised by delet4 R tl,;.s spot;.., 47,Seetion_ sentence te-ead- "Th-is seet-ttdees not apply to oMheFe e l plat€ F—ms rr 104.rhapteF 54 Sect4on 5401 (General); r-evised 1...adding. mem,Section 5401 2 to F-Pad- "5801.3 Ulaff FeView.)AlheFe, single centainer; oveF cnn gallen(1892.7 r). ateF Capadt.- eF ', the -stallpff- submit ..laps tf,. r-eviewhp- installation A A!" cn 027 rr fFem the publiention date listed to the follewing edition,and the standaMs aFe adopted by I:Pfpr-pmcp- N.F.P.A.10 2013 D..,.tahl-.P-We Extinguishers" systems; N P. D A 12 A 7009 Halon 1301 f Fe extinguishing systems; N P. D A 13 2013 Imstallati-o. of c..,.;nl,ler-Systems; 321 N L'D A 1 2iA 7nn'77n1 2 Installation of s.Fi ffyleF Systems in Ome "d T.A A T..,...i1-PIA al;,..and Alanufactuired Homes; AT L'D A 1 AD �nn��n1 a r„staluation o f C.Ankl..,.S.-stems in Res-i ential o-.-,,...,,.eies Up to r�i-.rarz��wo-rrvxriarcmxsrcxma-oa-vFrraricx �,.rccm�-ar-iccaaarcacisrivcccrj c-ico�rm Height; N L'D A 14 2013 Ct.,,..1..;..e and Hose Syste nw; N L'D A 7n 2013 Imstallat-io. e f stag..,..,-PUMPS F..,.Lire D,...teeti..,.. N L'D A 77 2013 National Live A lar-..and Signaling Code; N.F.P.A. 720 2012 Standard en instaflation of Carbon Monoxide War-ning Equipment in D'A' iRg I;Hi+tTi N V D A 75;0 701 n Standard on AA7atpr Mist L';....Ryotection System N.F.P.A.2001 2012 Clean agent fiFe extinguishing systems 106.Ap�eHdiX A D..aFd of Appeals,is adapted and revised te--read:"f1101.1 Seepe.A bea.d IF boaFd ef appeals is established in SewaFd City Code, GhapteF _> 9.15.112.2 The of A-ppe s deleted. "APPENDIX A K LTDE STATUS REPORT-P4 rr` L'1 n1 (Scope) All fire sen-ice iding sem-icesn the State e f Alaska ska shall O 4;Ge R .,dOptP.l a"d a ,..1...1 to+1...1012 HVG aS l;NtP.l hPle'A' K1 02 (Status 1)Systems out o f se,...;,.e Major- The 4;....s shall '. K1 n7 1 !"..,.Fect-iyp Action Oim-..Status 1 FepeFts shall be r ,.p.1 .....1;.,t.l., 322 K0211, 1 t 5m--* 1r1 m 1 1 1 FiFe SpFinld Wa u .. re�am� „t—xm���e �s: . . erg:--.,��er�.s Systems: 3.Ne-A'acerto system. 7I1 M 7 LiFe PUMPS; K102.1.1.4,Kitchen Hood FiFe Systems: 1.System eylinder-is net ebaFged or-leaking. 3.Plugged disehar-ge nozzles. A Automatic detectien net f ncti.nal 5; Gas or-pipotr4e net shutting dom'". 7I1 fl7 1 1 C Glean Agent C....eial 14az,,..1 System 1.System eylinder-is not Ghar-ged or-leaking. 2.Releasing panel not funetieffat 323 days.K103,(Status 2)Systems that have CFitiCal deficienff FepOFtS shall be PFOvided to the closes K103.1.1,FOF example(but not limited to): 7I1 fl2 1 1 1 FiFe C..ARIJeF OF[AL,teF Based System; �cn�a-ax�cxcro-i--�-srcci�sracc:ar.*ccm. 1 T. e.. painted SPARIHIPF 1...2.1S; ----a,.tl..,tl.. .1 AF mAFP than 10; a F eilitl, 2.Change of tise that will affeet the PeFfOFMHHee of the SpFifl!E!eF System. 2 T. atl A Any OtheF MajOF 1...1.lem that mr ill a et the.1..1.F 1.1.1.1HGI- 1r1 n�1 1 >JiFe PtIMaS. 1r 2.Pump packing leaking beyond specifications-. A P.iFe pump of meeting its Fated .lis..11.l Fge pFesStlFe OF GRA4 flAmr, .1 10 nt .li ff.. A. Any otheF MajOF ...1.lem that mr ill a- Ot the.11.1.F 1.1.1.1HGI- 7I1 fl2 1 1 2 FiFe A 1.1FM Systems(.l..teetion and.11.11 M).! 3 A11.1iA RH d 114SH Rl.1 Pl.irP-c l...t 11..l.l,iffg p t..tl.Fee,„viewover-tl.Fee dpl.kes stat11s 1 A ill.tPGtiA""At'A..l.l,iffg p t..tl.l.l.l.deyiees over- devir-ps statils 1 A. A l.l...theF MajOF 1...1.lem that mr ill 2- Ot the.11.1.F 1.1.1.1HGI- 324 1 Hood and ducts with heavy g a buildup. K104 (Status 3) AR;noF def;.-;eney ..,.rs shall be p •;.1e.1 r.. the clAsesr Cr.,r,. V;,.L, A aFshalrs Office within 20 days. These .1ef;.-;..,.cies m,;11 not affect the p eFf..,..,,.,nce of rho si''rote.. K1 nA 1 /`..,.,....-r;ye Action Time:Status 2 systems shall be FepaiFed.,;thin 20 days. K104 (Status A) System .," mA d e-ric-ite,eies shall be FepoFted r.. the clAsesr Cr.,r,. V;,.L, A,i....sh..l Offsee ,;thin 30 days K105.1 System senzice ..,.rs shall have the following inn ,.mation on themo- 1.inspeetion eompany name shall be pFinted on A FepoFts with addr-eNs and phone n 2. inspeetoF's fliff-st and last name shall be PF*Ntpd with State Af A laska Ar-e. Systems PeFmit numvc"ri 2 ,.,-r..,.rs telephone„ ...he,..Aff;..e and yeH telephone,. ...beFs it aya;l.,hl. 4 deficiencies shaR be typed or- and shall be pAnted tp,*t NA cur-si oF longhand handmAting is acceptable.Reports shall be written with a minimum line spacing of a 318 4. till FepoFts shaH have building name,oeeupane-y inspeeted,and addFess eleaFh-identified on the f4Fst page, and all subsequent pages shall have the building namp and datp A inspection on the top of the pagv�, fi nt page; n 8.deficiency M'Fite ups must include the code citation that is in violation and a deSeFiptiOn Of items having minoF defieieneies shall be mailed within 30 days tot State Division of FiFe and Life T saf ty ara�-�T 5700 IF.T,,.1..,.Dodd A nch..,.ag AK 99507•Phone 907 269 5627 Fax 907 269 Cn14 1979 Pege,.Dodd P..,;,.banks AK 99709•Dhomp 907 Act 5700 Fax 907 Act C714 325 gun ch.....,ood Lane,St. 1 u r.,.,eau S.K 99904i Phone one 465 4331 V.44i one 465 9-524 SySteMS OUt O-f st-11--ic-P, ARIA thOSe With major- defivit.."vies shall have a FepoFt faxed to tl+i-- elosest state division of fiFe and life safety offlee and mailed iffifflediateli-m4thin one day to RegisteF i 26.am W3 ion RegisteF i 39;am 34749,Register:i no..,,,,9,145,11004,RegiSteF 4 co. / J ,RegisteF Inter-mat-io-mal FiFe Code for-public ase,inspection,and(c) The City of Seward shall possess three eopies of the city designated edition of the A. The International Fire Code, 2021 Edition(IFC) Chapters 13-19,41-49,52, and 68-79 are reserved The International Fire Code 2021 Edition (IFC), Chapters I —12,20—40, 50—51, 53-67,and 80 and Appendices B—I,K,L,and N as approved and published by the International Code Council,and adding appendix KK, except as provided in subsection D of this section, are adopted by reference,and hereby designated and shall be known as the Seward Fire Code and shall constitute a portion of the laws of the City relating to building regulation except to the extent that the International Building Code as adopted by the City shall be in conflict with this code or any relevant ordinance later adopted,in which case the provisions of the International Fire Code as adopted by the City shall prevail. B. The City of Seward shall possess three copies of the City designated edition of the International Fire Code,for public use,inspection and examination,so long as the provisions thereof remain in force:one copy is kept in the Seward City Library(239 Sixth Ave)and two sets are kept at the Seward Fire Station(316 Fourth Ave,Seward,AK 99664). C. Copies of the NFPA Standards may be obtained from the National Fire Protection Association,I Batterymarch Park,Quincy,MA 021 69-74 71 or at www.nfpa.org. D. Copies of the International Fire Code 202IEdition (IFC) may be obtained from the International Code Councillnc.,900 Montclair Rd,Birmingham,Alabama 35213;Telephone: (888)422-7233 or at www.iccsafe.org. E.It shall be unlawful for any person to erect, construct,enlarge,alter,repair,move,remove, convert,demolish,or equip any building or structure in the city,or cause or permit the same to be done,contrary to any provision of the International Fire Code adopted and incorporated as the Seward Fire Code by this section. F. The International Fire Code(IFC),2021 Edition,adopted in Subsection A of this section is adopted by reference to regulate all occupancies and buildings for the safeguarding of life and 326 Property from the hazards of fire and explosion arising from the storage,handling,and use of hazardous substances,materials,and devices,and from other conditions hazardous to life and property,except that the IFC is revised by deleting all the references to"ICC Electrical Code" or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC 70.025, as amended as of April 16,2022"and the IFC is revised by deleting all references to the"International Plumbing Code"and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of'April 24, 2020" and the IFC is revised by deleting all the references to 'International Fuel Gas Code",with the exception of Chapter 3 Section 304 and Chapters 6 and 7.Additionally,the IFC is changed with the following revisions: (1)Chapter 1, (Administration)of the IFC,Section 101.1(Scope and general requirements)is revised to change:[NAME OF JURISDICTION/to City of Seward. (2)Chapter 1,(Administration)of the IFC,Section 103.1,Creation of Agency is revised to read: "The Seward Fire Chief and Building Inspector shall be known as the fire code official responsible for the implementation,administration and enforcement of the provisions of this code". (3)Chapter 1 of the IFC Section 104.7 is deleted. (2) Chapter 1, (Administration) of the IFC,Section 105(Permits) is revised by adding a new sentence to 105.4.1 to read• "In addition to two sets of printed construction documents, one electronic copy shall be submitted". (3) Chapter 1, (Administration) of the IFC,Section 105 (Permits) is revised by adding a new section 105.4.2.2 to read: "105.4.2.2 Fire system plans shall be designed by a State of'Alaska Fire System Permit Holder Level IC,IIC or IIIC in accordance with AS 18.70.090 and 13 AAC 50.027 or a professional fire protection engineer,mechanical engineer or electrical engineer registered under AS 08.48. Plans shall include the following on each drawing: 1. Original signature and date on professional seal, or digital signature and date on Professional seal 2.State ofAlaska Fire System Permit kcense number with permit level designation or Engineer license number;and date. (4) Chapter 1, (Administration) of the IFC, Section 105.5 (Required operational permits) is revised by deleting all operational permits except for. 105.5.16 Explosives, 105.5.17 Fire Hydrants and valves, 105.5.32 Mobile food preparation vehicles, 105.5.34 Open Burning, 105.5.36 Open flames and candles, 105.5.40 Plant extraction systems, 105.5.41 Private fire hydrants 105.5.42 Pyrotechnic special effects material, 105.5.49 Temporary membrane structures and tents. And adding to the last sentence to read. Any fees associated with an operational permit are set by Resolution by the City ofSeward Council. 327 (5) Chapter 1, (Administration) of the IFC, Section 105.6(Required construction permits) is revised by deleting all construction permits except for: 105.6.1 Automatic fire extinguisher systems,105.6.6 Fire alarm and detection systems and related equipment,105.6.7 Fire pumps and related equipment, 105.6.11 Gates and barricades across fire apparatus access roads, 105.6.17 Plant extraction systems, 105.6.18 Private fire hydrants, 105.6.19 Smoke control or smoke exhaust systems,105.6.21 Special event structure,105.6.23 Standpipe systems,105.6.24 Temporary membrane structures,tents and canopies. (6)Chapter 1,(Administration)ofthe IFC,Section 105.6.24(Temporary membrane structures, tents and canopies)is revised by adding the following phrase after"in excess of'400 square feet (37 mi^2).": "There is a mandatory ninety day period between the date an operational permit expires and the date a substantially similar operational permit(under section 105.5.49 of the IFC) or construction permit (under this section) can be issued Temporary membrane structures, tents and canopies must be taken down during this period Whether a permit is substantially similar is determined by the fire code official based on factors such as location, size and use." (6) Chapter 1, (Administration)of the IFC,Section 107(Fees)is revised by adding a sentence at the end to read: "Plan review fees for construction, alteration, repair, or changing the occupancy of a building, a substantial land structure, or structure regulated by the authority having iurisdiction,to include that ofFire system plan review,will be included in the Building Permit fee covered in the International Building Code Section 109 and SCC.If work is being done contrary to the provisions of this section,the City may order the work stopped by notice in writing served on any persons engaged in or causing the work to be done. The persons doing the work shall immediately stop the work until authorized by the Fire Chief or building official to proceed" (7)Chapter 1,(Administration)ofthe IFC,Section 111(Means ofAppeals)is amended to delete the entire section and replace it with "Appeals of orders, decisions or determinations made by the Fire Chiefor building official relative to the application and interpretation of this code shall be in accordance with Seward City Code Section 9.15.112". (8) Chapter 1, (Administration) of the IFC, Section 112.4 (Violation penalties) is revised by deleting: "shall be guilty of a[specify offensel,punishable by a fine ofnot more than[amount] dollars or by imprisonment not exceeding [number of daysh or both such fine and imprisonment";and replace with: "shall be in violation ofSCC 9.15 and AS 18.70.100 is guilty of a Class B misdemeanor and punishment shall be as set forth in AS 12.55." (9) Chapter 1, (Administration) of the IFC, Section 113.4 (Failure to comply) is revised by deleting "subject to fines established by the authority having jurisdiction" and replace with "shall be in violation of SCC 9.15 and AS 18.70.100 is guilty of a Class B misdemeanor and punishment shall be as set forth in AS 12.55." (10) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition of "airport"is revised by deleting "with an overall length greater than 39 feet(11,887 mm) and an overall exterior fuselage width greater than 6.6 feet(2,012 mm)". 328 (11) Chapter 2, (Definitions) of the IFC,Section 202 (General definitions) the definition for "occupancy classification", the introductory language of the sub-definition of"Educational Group E. Group E, day care facikties" is revised by adding a sentence at the end to read. "Family child care homes occupied as their primary residence(Group R-3)operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for(1)smoke alarms as described in Section 907.2.11.2;(2) carbon monoxide detectors and alarms as specified in Section 908 adhering to AS 18.70.095; (3) means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1029, in napping or sleeping rooms;and(4)fire extinguisher requirements as described in the IFC." (12) Chapter 2, (Definitions) of the IFC,Section 202(General definitions) Occupancy Class, fBG1 Residential Group R-3,Lodging houses(transient)with five or fewer auestrooms and 10 or fewer occupants,is revised to add at the end of the sentence: "with no provisions for cooking or warming food in the guest rooms." (13)Chapter 3,(General requirements)of the IFC,Section 307.2(Permit required)is revised to read. "Approval The fire chiefmay allow a fire for recognized silvicultural or range or wildlife management practices,prevention,or control of disease or pests,or a bonfire.An application, as required by the fire chief must be presented by the owner of the land upon which the fire is to be kindled before kindling that fire." (14)Chapter 3,(General requirements)ofthe IFC,Section 308.1.1(Where prohibited)is revised by adding a new sentence at the end to read: "No person shall release or cause to be released any unmanned free-floating devices on land,in the air,or on water,containing an open flame or other heat source,including sky lanterns." (15) Chapter 3, (General requirements) of the IFC, Section 308.3 (Group A occupancies) is revised to read. "308.3 Group A occupancies.The use ofopen flame in connection with a pubkc meeting or gathering for the purposes of dekberation, worship, entertainment, amusement, instruction,education,recreation,awaiting transportation,or similar purposes in assembly or educational occupancies must be done in consultation with the fire department." (16)Chapter 3,(General requirements)of the IFC,Section 311(Vacant Premises)is revised by deleting Section 311.5(Placards); (17) Chapter 4, (Emergency planning and preparedness)of the IFC,Section 401 (General)is revised by adding a new section to read: "401.3.4 False alarm charges. The owner of a building containing a fire alarm or fire protection systems shall pay a charge in accordance with SCC 9.15.150 for false alarms to which the fire department responds.As used in this Section, "false alarm"means an alarm signal generated by a fire alarm system reporting an alarm for which no fire or emergency actually exists, and includes system malfunctions, faulty operation of detectors,and false alarms not classified above.It does not include incidents where the detector or system operated as designed, such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled". 329 (18) Chapter 4, (Emergency planning and preparedness)of the IFC,Section 403.4(Group E occupancies) is revised by adding a new section "403.4.4 False Alarms to read• `False alarms may not be counted as a fire drill for the purpose of this section'." (19)Chapter 4,(Emergency planning and preparedness)of the IFC,Section 403.9.2.1(College and university buildings)is revised by adding a new section"403.9.2.1.3 False Alarms to read: `False alarms may not be counted as a fire drill for the purpose of this section'." (20)Chapter 4,(Emergency planning and preparedness)ofthe IFC,Section 405.3(Frequency) is revised by adding a second sentence at the end of the section to read. "False alarms may not be counted as a fire drill for the purpose of this section." (21) Chapter 4, (Emergency planning and preparedness)of the IFC,Section 407.1 (General) is revised to read. "407.1 General The provisions of Sections 407.2 through 407.7 shall be applicable,in the discretion of the fire chief." (22) Chapter 5, (Fire service features)of the IFC,Section 501.3(Construction documents)of the IFC, is revised by adding a second paragraph to read. "The fire chief may require fire apparatus access roads,premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access, and emergency responder radio coverage in accordance with this chapter.Documentation shall be provided indicating that the fire chief has been involved in discussion regarding fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access,and emergency responder radio coverage.". (23) Chapter 5(Fire service features)of the IFC,Section 507(Fire protection water supplies) of the IFC,amend Section 507.1 by adding the following exceptions: "Exception:In areas of the City not served by a water utility the following structures do not require a water supply: 1.Detached one-and two-family dwellings regulated by the International Residential Code and protected throughout by an approved automatic fire sprinkler system; 2. Structures accessory to detached one- and two-family dwellings and regulated by the International Residential Code having 3,000 square feet or less gross floor area; 3.Structures classified as a Group U occupancy in accordance with the International Building Code having 3,000 square feet or less gross floor area; 4.Structures classified as a Group U occupancy in accordance with the International Building Code in excess of3,000 square feet ofgross floor area and protected throughout by an approved automatic fire sprinkler system; 5. Buildings protected throughout by an approved automatic fire sprinkler system and constructed of Type I-A or I-B construction in accordance with the International Building Code; 6. Buildings protected throughout by an approved automatic fire sprinkler system and constructed of Type II-A construction when Type II-B construction is allowed based on occupancy classification, allowable height and allowable area in accordance with the 330 International Building Code; 7. Buildings protected throughout by an approved automatic fire sprinkler system and constructed of Type III-A construction when Type III-B construction is allowed based on occupancy classification, allowable height and allowable area in accordance with the International Building Code;and 8. Buildings protected throughout by an approved automatic fire sprinkler system and constructed of Type V-A construction when Type V-B construction is allowed based on occupancy classification, allowable height and allowable area in accordance with the International Building Code." (24)Chapter 5, (Fire service features)of the IFC,Section 507.5.1, (Where required)is revised to read. "507.5.1 Where required Where a portion of the facility or building hereafter constructed or moved into or within the City is more than 250 feet(76.20 meters)from a hydrant on a fire apparatus access road,as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the building official or fire chief."This section is further revised by deleting Exceptions I and 2. (25) Chapter 5,(Fire service features)of the IFC.Section 507.5.2(Inspection,testing and maintenance)is revised to add to the last line; "in accordance with NFPA 291." (26) Chapter 6 Building Services and Systems) of the IFC, Section 606.3.3.2 (Grease accumulation)is revised to read. "606.3.3.2 Grease accumulation.If during the inspection it is found that hoods. grease-removal devices, fans, ducts or other appurtenances have an accumulation of-rease, those components shall be cleaned in accordance with NFPA 96 or ANSIAKECA CIO for cleaning only. (27)Chapter 9,(Fire protection and fife safety systems)of the IFC,Section 901.2(Construction documents) is revised by adding a new sentence at the end to read: "A copy of'the completed fire system construction documents shall be kept safe and secured near the riser for the life of the system and available for inspection.' (28)Chapter 9,(Fire protection and fife safety systems)ofthe IFC,Section 901.4(Installation) is revised by adding an exception to read. "Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. The building is unoccupied; 2. The building is properly secured; 3. All utilities are disconnected and drained; 4. The fire systems are certified as operational before the building is reoccupied; 5. A 24-hour-a-day fire watch is provided during the interim between when utifities are reactivated,and the fire systems are certified as operational; 6. The fire chief or building official is notified in writing of the closure;and 7. A letter from the insurance carrier,or the owner ifself-insured,indicating knowledge of the closure is provided to the fire chief or building officiaL" (29) Chapter 9,(Fire protection and fife safety systems)of the IFC,Section 901.5(Installation 331 acceptance testing)is revised to read. "901.5Installation acceptance testing.Fire detection and alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having iurisdiction as to installation and location,and are subject to the acceptance test required by the standard in IFC Table 901.6.1 for the system or appurtenance. Within 30 days after the completion of the installation,a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the deferred authority having iurisdiction.Fire hydrant systems,fire Pump systems, and private fire service mains installed as a requirement by the fire chief are subject to the acceptance tests as contained in the installation standards and as approved by the fire chief. The fire chief must be notified before any required testing,and all results of the tests must be conveyed to the fire chief within 30 days." (30) Chapter 9, (Fire protection and life safety systems)of the IFC,Section 901.6(Inspection, testing and maintenance)is revised by adding a second paragraph to read. "Superseding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected,tested,and serviced as follows: 1. Annually; Exception:Standpipe systems must be inspected,tested,and serviced every five years; 2. After any use or activation; 3. Any time damage is found; 4. After repair or alteration; 5. When required by the fire chief or building official;and 6. After a seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and within 30 days after the inspection or test being completed,a copy of the test report must be forwarded by the person conducting the inspection or test to the fire chief or building official. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(d)." (31)Chapter 9, (Fire protection and fife safety systems)of the IFC,Section 901.7(Systems out of service)of the IFC, the first sentence is revised to read. "Where a required fire protection system is out ofservice for more than eight hours in a 24-hour period,an impairment plan shall be submitted to the fire chief immediately. Where required by the fire chief,the building shall either be evacuated, or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. A daily fire watch In will be submitted to the fire chief for each 24-hour period" (32) Chapter 9, (Fire protection and fife safety systems)of the IFC,Section 903.2.3(Group E) is revised to read: "903.2.3 Group E. An automatic sprinkler system must be provided throughout all buildings with Group E occupancies. The use of a fire wall or barrier does not establish a separate building or fire area for purposes of this section.As determined by the fire chief or building official an automatic fire-extinguishing system approved under Section 904 shall be installed in a Group E occupancy in accordance with Section 903.2.3. whenever alterations or additions are made to an existing structure containing a Group E occupancy 332 Exception:Buildings with Group E occupancies having an occupant load of 50 or less. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. Family childcare homes that are licensed to care for more than five persons between the hours of10:00 p.m.and 6.00 a.m.must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an equivalent system approved by the fire chief or building official.'. (33) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 903.2.8 through 903.2.8.3 is revised to read. "903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout buildings containing Group R occupancies as provided in this section. 903.2.8.1 Group R-1.An automatic sprinkler system shall be provided throughout all buildings that contain an R-1 occupancy. 903.2.8.2 Group R-2.An automatic sprinkler system shall be provided throughout all buildings that contain an R-2 occupancy. Exceptions: 1. Buildings that are no more than two stories in height,including basements and contain four or fewer dwelling units. 2. Buildings that are no more than two stories in height,including basements and contain 16 or fewer sleeping rooms. For the purpose of this section,fire walls may be used to create up to three separate attached buildings. Any additional buildings must be physically separated in accordance with International Building Code(IBC)Table 602,as adopted by reference in 13 AA 50.020. 903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throughout all buildings that contain an R-4 occupancy." (34) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.3.6(Hose threads)is revised by deleting"the fire code official"and replacing it with "AS 18.70.084". (35) Chapter 9,(Fire protection and life safety systems)of the IFC,Section 903.5(Testing and maintenance) is revised by adding a new Section 903.5.1 to read. "903.5.1 Camp relocations. On each portable or relocatable camp move,a plumber certified under AS 18.62 may disconnect and reconnect the fire suppression system. The camp must be certified by an appropriate fire suppression permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. Fire suppression system certification documentation is to be retained on site and available for review upon request.Annual requirements are still required by this code as adopted by reference in 13 AA 50.025." 333 (36) Chapter 9, (Fire protection and fife safety systems) of the IFC, Section 903 (Automatic Sprinkler Systems)is revised by adding a new Section 903.3.9 to read• "903.3.9 Seismic Design. Fire sprinkler systems shall have a minimum seismic design coefficient Cp simpfified seismic factor of'0.72 or greater as by NFPA 13." (37) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 903.4(Sprinkler system supervision and alarms) is revised by amending exception number 1 by adding the following to the end of the sentence. "not used as an assisted living or custodial care facifity." (38) Chapter 9, (Fire protection and fife safety systems)of the IFC,Section 904.1(General)is revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the completion of the installation,a copy of the acceptance test certificate must be forwarded by the firm conducting the test to the authority having iurisdiction. (39) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 904.13.5.2 (Extinguishing system service) is revised by replacing "not less frequently than every six months"with "annually". (40) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 906.1 (Where required)is revised by deleting the exception in item 1. (41)Chapter 9, (Fire Protection and fife safety systems)of the IFC,Section 907.2.3(Group E) Exception I is revised by replacing"50"with "49". (42)Chapter 9,(Fire Protection and life safety systems ofthe IFC,Section 907.2.11.2(Groups E,R-2,R-3,R-4,and I-I}is revised by adding a reference in the section heading to Group E.as indicated, and adding a second Paragraph to read. "Rooms used for sleeping or napping purposes within a daycare use of a Group E occupancy must be provided with smoke alarms that comply with this section. (43) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.2.11.5 (Interconnection)is revised by adding a new Paragraph to read. "Ifmore than 12 smoke alarms are interconnected the interconnecting means must be supervised in accordance with NFPA 72." (44) Chapter 9,(Fire protection and fife safety systems)of the IFC,Section 907.7.2(Record of completion) is revised by adding a second paragraph to read. "Within 30 days after the completion of the installation,a copy of the acceptance test certificate verifying completion in accordance with NFPA 72 must be forwarded by the firm conducting the test to the authority having iurisdiction." (45) Chapter 9, (Fire protection and life safety systems)of the IFC,Section 907.8(Inspection, testing and maintenance) is revised by adding a new Section 907.8.6 to read. "907.8.6 Camp relocations.On each portable or relocatable camp move,an electrician certified under AS 18.62 may disconnect and reconnect the fire alarm system. The camp must be certified by an 334 appropriate fire system permit holder under AS 18.70.090 and 13 AA 50.035 to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request.Annual requirements are still required under this code as adopted by reference in 13 AA 50.025." (46) Chapter 9,(Fire protection and fife safety systems)of the IFC,Section 909.18(Acceptance testing) is revised by adding a new sentence at the end of the paragraph to read. "Within 30 days after the completion of the installation, a copy of the smoke control system acceptance testing certificate must be forwarded by the firm conducting the test to the authority having jurisdiction.". (47) Chapter 10, (Means of egress) of the IFC,Section 1001.1 (General)last sentence of the paragraph is revised by adding at the end"as governed by the provisions ofAS 18.70.080" (48)Chapter 10, (Means of egress)of the IFC,Section 1009.2(Continuity and components)is revised by adding a new Section 1009.2.2 Minimizing Snow and Ice Accumulation,to read.In all occupancies, surfaces and landings which are part of the exterior egress to include stairs, ramps,or balconies shall be designed to minimize the accumulation ofsnow or ice." (49) Chapter 10, (Means of egress)of the IFC, Table 1020.2(Corridor fire-resistance rating) is revised by inserting a superscript "e" footnote reference after "R" in the "occupancy" column and is revised by adding footnote "e"to read. "R occupancies with an occupant load greater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not have a sprinkler system and 1. serve four or fewer dwelling units or 16 or fewer sleeping rooms;and 2. are less than three stories in height."; (50) Chapter 10,Section 1031.2(Where required)of the IFC, is revised by replacing the first sentence to read. "In addition to the means of egress required by this chapter provisions shall be made for emergency escape and rescue openings in Group R and I-1 occupancies." (51) Chapter 10, (Means of egress)of the IFC,Section 1031.2(Where required)is revised by deleting Exceptions I&3. (52) Chapter 11, (Construction requirements for existing building) of the IFC,Section 1103 (Fire safety requirements for existing building) is revised to add Section 11.03.11 to read. "IL 03.11 Monitoring Monitoring shall be provided for all existing occupancies with fire sprinkler or fire alarm systems. Fire sprinkler system monitoring shall comply with Sections 903.4 and 903.4.1. Fire alarm monitoring shall comply with Section 907.6.6." (53) Chapter 20, (Aviation Facifities) of the IFC, Section 2006.3 (Construction of aircraft- fueling vehicles and accessories)of the IFC,is revised by adding an exception to read. "Exception:A vehicle or trailer tank with a capacity of250 gallons or less may be used for non - 335 commercial refueling ofprivate non-commercial aircraft if the following requirements are met. 1. The tank is placarded with no smoking signs,the type of fuel contained in the tank,and the tank capacity; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose;and 3. Electrical bonding is provided as required under Section 2006.3.7." (54) Chapter 23, (Motor fuel-dispensing facilities and repair garages) of the IFC, Section 2311.2.3(Drainage and disposal ofliguids and oil-soaked waste)is revised by adding a sentence at the end of the paragraph to read. "Where oil separators or traps are provided,neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." (55) Chapter 50,(Hazardous materials-general provisions)of the IFC,Section 5001.6(Facikty closure)is revised by adding new sentences at the end of the paragraph to read. "The fire chief may require the documentation of the closure plans for the termination of the storage, use,or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include an approved facility closure plan in accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections 5001.5.1 and 5001.5.2." (56) Chapter 56, (Explosives) of the IFC, Section 5601.1 (Scope) is revised to insert "and AS 18.72"after"The provisions of this chapter". (57) Chapter 56, (Explosives) of the IFC, Section 5601.1.1. (Explosive material standard) is revised to read. "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and NFPA 495 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials." (58) Chapter 56, (Explosives) of the IFC, Section 5608 (Fireworks Display) 5608.2 (Permit application)is revised to add. "Fireworks Display Permit application must be submitted to the City of'Seward to include a site and safety plan, production schedule, copy of the operator's State ofAlaska Permit,and certificate of insurance prior to approval by the fire code official" (59)Chapter 56, (Explosives)of the IFC,Section 5608.6(Installation of mortars)is revised by adding a new Section 5608.6.1 to read. "5608.6.1 Mortar construction. Mortars must be constructed ofpaper,high density plastic pipe,or metal other than cast iron." (60) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5704.3.5 (Storage in control areas)is revised by deleting Section 5704.3.5.1 Basement storage). (61) Chapter 57, (Flammable and noncombustible liquids) of the IFC,Section 5706.3 (Well drilling and operating)is revised by adding a second sentence to read. "This section does not apply to offshore oil platforms." 336 (62) Chapter 58,(Flammable gases and flammable cryogenic fluids)of the IFC,Section 5801 (General) is revised by adding a new Section 5801.3 to read. "5801.3 Plan review. Where a Single container is over 500 Qallon (1,892.7 L) water capacity or the aggregate capacity of containers is over 500 Qallon (1,892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027." (63)Chapter 80(ReferencedStandards)oftheIFC,is revised to amend the Reference Standards as ollows: "Add NFPA 291-19 Recommended Practice for Fire Flow Testing...Ref 507.5.2." (64) Appendix B,(Fire-Flow requirements for buildings)ofthe IFC,Section B105.1(One-and two-family dwellings Group R-3 and R-4 buildings and townhouses) is revised by adding the following exception: "Exception:Buildings protected throughout with an approved automatic fire sprinkler system" (65)Appendices,the appendices of the IFC are amended by adding Appendix KK to read: "APPENDIX KK FIRE STATUS REPORTING KKIOI Scope.All fire alarm and protection service companies providing services in the City of Seward shall provide a legible copy of all fire system service reports to the City as adopted and amended in the IFC 2021 Edition as listed in this appendix. Exception:Industrial occupancies with a fire system preventive maintenance program approved by the division of fire and life safety. This appendix contains contact information. KKIO2 Status I. Systems out of service or maior deficiencies. The fire service company shall immediately contact the Fire Chief ifthe system cannot be returned to service.On a weekend or after hours,contact,Seward Dispatch at.907-224-3338 and request the on-call fire officer be contacted Written notification shall be sent by facsimile transmission or email to the Fire Chief within 24 hours from the time the system first could not be returned to service. KKIO2.1 Corrective action time. Status I systems shall be repaired immediately, and a Fire Watch implemented prior to any occupation of the building. KK102.1.1 For example but not limited to KK102.1.1.1 Fire sprinkler or water-based systems: 1. Non-working flow/pressure switches. 2. Damage to fire department connections. 3. No water to system. 4. Frozen or otherwise damaged system. KKIO2.1.1.2 Fire pumps: 337 1. Non-working fire pumps. 2. Fire pump controls not working or malfunctioning. KKIO2.1.1.3 Fire alarm systems(detection and alarm): 1. Non-working fire alarm panel. 2. Malfunctioning fire alarm panel 3. Audio and visual devices not working entire loop. 4. Detection not working entire detection loop. 5. Loss of programming. KKIO2.1.1.4 Kitchen hood fire systems: 1. System cylinder is not charged or leaking. 2. Appkance not properly covered due to rearrangement of app&ances. 3. Plugged discharge nozzles. 4. Automatic detection not functional. 5. Gas or electric not shutting down. KKIO2.1.1.5 Clean agent or special hazard system. 1. System cylinder is not charged or leaking. 2. Releasing panel not functionaL KKI03 Status 2. Critical deficiencies. If systems have critical deficiency reports, the critical deficiency reports shall be provided to the Fire Chief within 14 days from the date of initial receipt of the critical deficiency report. KKI03.1 Corrective action time.Status 2 systems shall be repaired within 14 days. KK103.1.1 For example but not limited to KK103.1.1.1 Fire sprinkler or water-based system: 1. Five or more painted sprinkler heads in a concentrated area or more than 10 in a faci&ty. 2. Change of use that will affect the performance of the sprinkler system. 3. Low water pressure. 4. No monitoring on required systems. 5. Any other maior problem that will affect the performance. KKI03.1.1.2 Fire pumps: 1. Low fuel 2. Pump packing leaking beyond specifications. 3. Fire pump room below 40 degrees. 4. Fire pump not meeting its rated discharge pressure or GPM flow over a 10 percent difference. 5. Any other maior problem that will affect the performance. KKI03.1.1.3 Fire alarm systems(detection and alarm): 1. Batteries overdue for replacement 2. No monitoring on required system. 338 3. Audio and visual devices not working-up to three devices,over three devices Status 1. 4. Detection not working-up to three devices,over three devices Status 1. 5. Any other maior problem that will affect the performance. KKI03.1.1.4 Kitchen hood fire systems: 1. Hood and ducts with heavy grease buildup. 2. Any other maior problems that will affect the performance. KKI04 Status 3.Minor deficiencies.Minor deficiency reports shall be provided to the authority having iurisdiction or closest state division of fire and life safety office within 30 days. These deficiencies will not affect the performance of the system. KKI04.1 Corrective action time.Status 3 systems shall be repaired within 30 days. KKI05 Status 4.No deficiencies.Systems with no deficiencies shall be reported to the authority having iurisdiction or closest state division of fire and life safety office within 30 days. KKI06Information to be provided System service reports shall have the following information as oflows: 1. The inspection company name shall be printed on all reports with the company's address and telephone number. 2. The inspector's first and last name shall be printed with the permit number of the inspector's fire systems permit required under AS 18.70.090 and 13 AA 50.035. 3. The inspector's office telephone number shall be printed, and the inspector's cellular telephone number,if available,shall also be printed 4. Deficiencies shall be typed or written and shall be printed text No cursive or longhand handwriting is acceptable.Typed reports shall use at least 10 point font and handwritten reports shall use at least 318 inch spacing between lines. 5. All reports shall have the building name,occupancy inspected,and address clearly identified on the first page,and all subsequent pages shall have the building name and date of inspection on the top of the page. 6. All reports shall have the building contact person's name with telephone number on the front Page. 7. Only white and yellow copies will be accepted by the City ofSeward for reports submitted 8. Deficiency write ups must include the code provision being violated and a description of the Problem 9.All reports must include the Status Number on the first page of the report. 10.All Corrective Actions Reports shall be sent within 30 days of work completion. All system service reports shall be sent to: Seward Fire Department Po Box 167,Seward,AK 99664; Phone 907-224-3445,Fax 907-224-8633, Email:sewardfd(i�cityofseward net Systems out of service and those with maior deficiencies shall have a report faxed or emailed to 339 the Seward Fire Department and mailed immediately within one day to the address listed in this appendix. 9.15.112-International Fire Code—Enforcement,appeals. A. (a)-Any person aggrieved by an administrative officer's interpretation and enforcement of the International Fire Code may appeal the administrative ruling to the city council if such appeal is filed within ten calendar days of notification of the administrative ruling being appealed. B.(b)-Appeals shall be in writing,filed with the city clerk and shall contain the appellants name and address,a description of the administrative ruling being appealed,the reason why the ruling is grievous to the appellant,and any documents the appellant wishes the council to consider. C.(c+Upon receipt of the written appeal,the clerk shall schedule the matter for public hearing at a regular city council meeting,to be held within thirty calendar days of receipt of the appeal.The clerk shall notify the appellant in writing of the public hearing date. D. ( }The clerk shall provide copies of the appeal to the administrative official whose ruling is being appealed. The administrative official shall prepare a written report of the events which preceded the appellants filing,including a recitation of the code provision or regulation and the ruling being appealed. The administrative official shall attach to his report copies of all applications,denials,correspondence or other writings relating to the matter being appealed.The clerk shall provide council with copies of the administrative report and the appellants filing prior to the public hearing. E. (e+lt is the burden of the appellant to submit such evidence,including engineering and other technical studies, in support of his appeal,as may be necessary to enable the council to reach a decision.Upon a showing of good cause,the council may continue the hearing for presentation of such information;provided,however,that the council shall render a decision of the appeal within 40 calendar days of its filing. F.(f}The council shall either affirm or reverse the administrative official's ruling,in whole or in part.The council may vote to reverse,in whole or in part,only if it finds the appellant has proven the following: (1)The relief sought will not result in a violation of any applicable federal or state regulation; (2)The relief sought is in harmony with established city codes,policies and procedures; (3)The relief sought will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties;and (4) Public services and fire protection are not impaired and are adequate to meet any new requirements resulting from granting the relief sought, and it will not significantly increase the cost of operations of public service and fire protection agencies.A decision may be made subject to the appellants compliance with terms and conditions deemed necessary by the council. 340 G.{g}In rendering its decision,the council shall issue written findings of fact and conclusions of law. The council's decision shall be final. The appellant may appeal the decision to the superior court if such appeal is filed within 30 days of the decision. H.O*The city clerk shall provide the appellant written notification of council's decision within ten days of the decision. 9.15.120-Fire hazards—Right of entry for purposes of inspection. The fire chief,or his appointed representative,shall be permitted access to any building or area for purposes of inspecting the same for fire hazards and conditions pertaining to safety and welfare of the city,at any reasonable hour of the day. 9.15.125-Fire hazards—Reports. If upon inspection a building or area is found to harbor or constitute a fire safety hazard,the person making the inspection shall prepare a written report specifying such hazards and conditions.The report shall contain the name of the inspector and the date and hour that the inspection was made. A copy of the report shall remain in the fire department files, and a copy shall be personally delivered or mailed via certified mail or emailed to the owner or agent and to any occupant of the premises. Clinto can we use email as a form of communication? The RMS automatically emails the owner. 9.15.130-Fire hazards—Time limit for correction. When any fire inspection has been made,the chief of the department shall specify a certain time and date that all hazardous and unsafe conditions,if found,shall be corrected.The owner of any building or area shall be notified of the date and time that conditions must be corrected. This information shall be stated on the inspection report specified in section 9.15.125. It shall be the responsibility of the fire chief to further inspect the premises on the date specified and if the hazardous or unsafe condition has not been corrected he shall issue a violation citation without further delay. Clinton question: I'm curious about this wording, how would we go about issuing a violation citation?Would PD do this? 9.15.135-Applicability of building code fire requirement. All buildings erected within the city shall conform to the building code in all matters pertaining to fire prevention and any building remodeled or rehabilitated shall meet the same specifications(see §§ 12.05.010 and 12.05.015). 9.15.140-Building partly destroyed or damaged. 341 Any building which has been damaged by fire,natural or man-made oam. othe disaster,weather- related event,or that is otherwise structurally compromised shall be immediately boarded up or fenced around so that the public cannot have access to the same.If any building has been over 50 percent damaged,the fire chief shall notify the owner that the building is to be demolished and shall specify the date that work is to be completed.When any building is demolished the area is to be cleared of all debris and if the building was constructed over a basement the same shall be filled in, unless the owner plans on constructing a new building over the basement, in which case a building permit must be secured immediately from the city building department. 9.15.145-Burning permits. Under certain conditions the fire chief may issue a burning permit.When a permit is requested the fire chief or designee shall make a thorough inspection of the immediate area and shall determine whether or not,in his opinion,it is safe to allow burning in the area.The permit,if issued,shall be for a specific date and time. The city,or the fire chief,shall be saved harmless and free from all liabilities,claims,demands,suits,judgments and actions of any nature whatsoever arising out of issuing the burning permit. 9.15.150-False alarm. A. (,*No person shall cause, permit, make, or give a false alarm that a fire or other incident dangerous to life or property,that would require emergency response,has occurred or is about to occur. B. {h}A false alarm for a building alarm system shall be defined as an alarm generated when no fire or emergency exists; it includes system malfunctions, faulty operation of detectors, and intentional activations of an alarm system(malicious mischief).It does not include incidents where the alarm system operated as designed but was activated accidentally or with good intent. C.O*The owner of a building that contains a building alarm system shall pay to the city a charge for each false alarm responded to by the fire department.The amount of the charge shall be set in a schedule adopted by council resolution.The payment shall be due within 30 days of the billing date by the city,as printed on the invoice.The bill shall be considered late when the building owner fails to make payment within 30 days of the invoice date. Failure to make timely payment will subject the building owner to a late payment charge set by resolution. Interest at a rate set by resolution shall also accrue on the account beginning 30 days from the date of the invoice until paid in full.If the building owner fails to pay the charges in the manner provided by the city,the city may seek payment by any lawful means. D.( }The fire chief or his/her designee,may delay the imposition of the false alarm charge by an agreement in writing if the owner of the building is working diligently with the fire department to correct the cause of the problem with the system and such corrective action is diligently pursued until the problem is corrected.Reasons supporting such a delay may include the unavailability of a licensed technician or waiting on parts for repair.The chief must submit to the city manager the reasons for granting the delay,the written agreement,and the time frame it will be in effect. The city may reinstate the charges if the building owner fails to complete the correction within the time 342 frame established by the written agreement. E. (e)-The charge imposed by this section shall not apply to buildings occupied by a local, state, or federal governmental entity if (1) the governmental entity provides on-site building maintenance, management,or security personnel,24 hours a day, seven days a week,who have the ability and authority to confirm a false alarm,and(2)the governmental entity provides the city an on-site, 24 hour a day, telephone contact number that is immediately answered by such personnel. Article 2.-Volunteer Fire Department *Footnote: See Sec.2.25.050 and Sec.2.25.055 as to fire department creation,powers and duties. O 1 C 21 0 [7,hint...f Fe,1,.p fft.,,..1,t..St2buis111..1 of training f11t11v-P ...1,,,.+...... .1.....,..+.....,.+ ... ...1.... A 11 ...1.....s of t1... .41..+....,. 4;,... depaFtment,while acting in such -, shall code.appointed Offiee-F". subjeet to the a-ir-ectio" and NI Pes-WOR of the Gity manager-and shall filifill the duties and have the Fesponsibilities as set forth in the employee's job deseFiption,and by this 0.1 c 21�nffwer-s $uties and -e llities— department,. , (1)Be held Fesponsible fOF the geneFal condition and efficient opeFation of the this Code, and otheF ordinances of the and the Fules alld Fegulations adopted in this training of members and the 1....-f..1...1.11.ee of all other-duties Mposed upon h ffi . , 1,; , .,1,1.„ of t..t111.1.1.st advantage of all... ...1...,.s. , sessions;(5)Establish a schedule and condoet regular-depar-tmental meetings and training e 343 !'T Make ef-OFt t.. attend all f FeS and .1;FeCt the ..ff;.eFS and ...1 eFS iH the suspkion of , . the Case; (9) Keep ritiAeHS t.11 im ,...ed Of f;,.L. L..zay-.1s ;,. the commuak-v and .. acti- ithes ..f the �FtM H de t r fiFe chieU, and shall be FeSponsible foF public education and fire inspection pFogFams and other-duti-es as assigned by the Affe chip-C (e)Assistant e FiFe offieeFs. T-heFe shafl be a first assistant ehief and a seeond assistant absence of the chief and the .1eput. .-hief the first assistant chief shall command the department and shall he held- responsible ther-efor-in all r-espeGts,With the fUR poWer-s Rffd responsibilities o-C the ch*PC-In the absence of the ehief-,deputy ehief and the fir-st assistant ehief-,the seeond assistant ehief shaD eomm with the full powers and sibilities..fti.e Aief 9.15.220 ReeoFds to be maintained. The fiFe ehief shall be Fesponsible for-all depar-tment FeeoFds whieh shall be Maintained on ..t has-is at..11 wim-.s Those,. ..MS th2t Sha11 1 P M- "t.,;"Pd a s f..11...A,S. n (2)Cit-map,posted in the fire haft showing location of all f Fe 1....1Fants. (3)Flow test and vewoffds..f-Awe hyd,-ants,if aya;able; !A\ Atte,..1.,nee v-pcov-ds of 9;oq attending meetings and training 9.15.225-Report of conditions of fire hydrants. 344 The fire chief or his representative shall report any fire hydrant which is not operating properly or that has in any way caused the department trouble during a fire or drill.This report shall be filed with the public works department for immediate attention and correction. The fire chief may recommend, in writing, the installation of additional hydrants in any area that he deems has inadequate facilities. This recommendation shall point out the specific area to be covered by the installation and other information he believes should be considered. 9.15.230-Fire reports. The fire chief shall prepare a written report,in duplicate,on each fire within the city.This report shall include information as to location,time and date of alarm,extent of damage to building and/or contents and the chief s estimate of dollar damage suffered.The original of this report shall remain in the department files 9 1c 72G A....,...1.h...��.,.. .,ti....� ..t.. Annual does to firemen's and ehie€s'—awC-iatie►3s—and the National FiFe Weteetiett 9.15.1jo For-P.alar-M signals; Fire alar-m signals shA be stieh as pFeser-ibed by the ehief-,and it shall be his duv�'to test o-r- h-lvp to-tot] -it 1:egU!RF1- PFOPeFbF 9.15.245-Housing of fire equipment. The fire equipment of the city shall be housed in the city fire hall at all times unless on call,practice drills or other authorized purposes.The city fire hall shall be considered off limits to anyone other than authorized personnel unless the fire chief or an attendant is in the building. 9.15.250-Damaging,etc.fire apparatus. It shall be unlawful for any person or group of persons to damage or attempt to damage in any manner any piece of fire fighting equipment or apparatus belonging to the city. 9.15.255-Maintenance of adequate equipment within city;service outside of city. A.(a)-The fire fighting apparatus is the property of the residents of the city and is purchased and maintained from general fund appropriations derived from general taxes and,therefore,is mainly for the safety and protection of city residents. The fire chief shall be responsible for maintaining adequate fire fighting equipment and manpower on call at all times to combat any fire within the city. B. (b}Residents outside the city may be given assistance by the department in case of fire or 345 disaster,but at no time will equipment or manpower be dispatched outside the city in any number which will leave the city without adequate fire protection. Article 3.-Explosives 9.15.310-Permits. A.¢a}It shall be unlawful for any person to discharge,load,transport,handle use and/or store any explosive within the city without first obtaining an appropriate permit from the city manage� zre chie and,where applicable,from the U.S.Coast Guard captain of the port,as hereinafter provided; nor shall any explosives be discharged on or loaded from any wharf,pier,dock or vessel within the city without such permits.Any explosives authorized for such handling shall be immediately removed from the wharf,pier or dock area unless a special authorization permit is obtained from the image fire chie and the captain of the port to defer such immediate removal.The city managerfire chie shall be authorized to issue any explosives handling permit upon such terms and conditions as he/she may deem appropriate in the public interest.However,any person seeking to obtain such permit, other than any bureau, department, agency or arm of the United States government,or of the government of the state,the federal and state governments being considered to be self insurers,shall pay a permit fee and furnish a bond or,in lieu thereof,evidence of liability insurance,in the sums and manner hereinafter provided;and shall further be required to execute a document of indemnity as hereinafter provided.Permits for discharge,loading,transport,handle and short term use(up to 72 hours)shall not extend beyond 72 hours,and a permit fee as set by resolution shall accompany each application, except as hereinabove provided. Permits for permanent storage and for long term use(exceeding 72 hours) shall not extend over a year. All requirements of the International Fire Code Chapter 33 are mandatory and a permit fee as set by resolution shall accompany each application for storage except as hereinabove provided.Permits may be specific as to location of discharge,loading,transport,handling,use and/or storage. B.(b)-When the Alaska Railroad engages in explosives handling activities,it shall not be required to furnish bond or evidence of insurance coverage, nor be required to execute a document of indemnity in favor of the city for any loss or damage resulting from such explosives handling. Nevertheless,the Alaska Railroad shall coordinate such activities with the city,and the coast guard captain of the port where applicable,by obtaining the aforementioned explosives handling permit or permits. In addition, when the Alaska Railroad, as a common carrier, performs explosives handling activities for third-party consignors or consignees,such clients or customers of the Alaska Railroad shall be required to pay the aforementioned daily permit fee to the city for all explosives handled in or transported through the city.However,no person shall be required to procure more than one permit for any given shipment of explosives. C. c*"Explosives," for the purpose of this code, shall be defined in the International Fire Code Chapter 33. "Explosives,"as used herein,shall include all"Class A"or dangerous explosives,as outlined in 46 Code of Federal Regulations 146, and shall further include detonators and fuses. "Explosives," as used in this article, shall not include inflammable, combustible or corrosive liquids or solids, or compressed gases, poisons or radioactive or other hazardous materials not covered in the description above. 346 D.( }Documentation of the following items must be presented to the city manage fire chie for issuance of a permit: (1)A bond or a certificate of insurance as set out in§9.15.315.The permit will be revoked if the bond or insurance coverage is canceled; (2)A schedule of loading,unloading,transporting,etc.,of the explosives; (3)Amount and type of explosives,blasting agents, etc.,to be transported, loaded, discharged, used or stored; (4)Provide examples of the markings on the containers; (5) Copy of ship's manifest and cargo stowage plan, if applicable. Vehicle traffic will need to provide a copy of shipping documents and travel route; (6)Copy of City of Seward terminal use permit,to be obtained from the harbor master's office,if applicable; (7)Contact person(s),phone numbers,address; a Company name and contact person,phone number(s); b Site personnel,name,phone number(s). (8)A document of indemnity must be signed and notarized. 9.15.315-Bond or insurance requirements;document of indemnity. A_(4*Before any explosive handling permit is issued by the image fire chie to any applicant other than a bureau,department,agency or arm of the United States government,or the government of the state, the applicant shall furnish an indemnity bond in an amount and with sureties deemed adequate by the city manage fire chie,which bond shall become available for the payment of any damage to public or private property and the payment of any personal injuries resulting from such handling. B. b)—ln lieu of the bond indicated in subsection(a)of this section,the applicant may furnish the city with certificates of insurance, with stipulation thereon that the city will be given 15 days' notice of intent to cancel,evidencing liability coverage in an amount deemed adequate by the city managesfire chie (1) Certificate of insurance proving coverage not less than $1,000,000.00 against bodily injury liability per individual,per accident, and against property damage liability,or as determined by the City of Seward's risk manager.The applicable certificate of insurance shall clearly show that the property damage liability coverage includes hazards from explosion,collapse and damage to underground wires,conduits,pipes,fittings,mains,sewers or other similar property. 347 (2)Workmen's compensation insurance in accordance with the laws of the state,required whether hazard is covered by bond or insurance. C.(Oln addition to compliance with the provisions of this section outlined above,an applicant for an explosives handling permit shall be required to furnish the city with an executed document of indemnity with adequate sureties saving the city harmless against any loss or damage. Including attorney fees from accident,or injuries to persons or property arising out of the work for which the permit is issued. D. (d)-Any insurance required under this section shall include as additional insureds:the City of Seward, and including all elected and appointed officials, all employee volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage shall be primary to the additional insureds,and not contributing with any other insurance or similar protection available to the additional insureds,whether said or other available coverage be primary,contributing or excess. L. (e}All safety precautions as required by the International Fire Code and United States Coast Guard will be documented and provided to the eity manage are chie prior to the issuance of a permit.Site inspections may be performed by the fire department. F. (€)-Permanent storage areas must comply with the requirements of International Fire Code Chapter 33 and must have an annual inspection prior to the issuance of a permit. 9.15.320-Loading or discharging generally. A. (a)-It shall be unlawful for any water carrier to tie up at any dock within the city carrying a greater limit of explosives than from time to time authorized for the various docks within the city by the U.S.Coast Guard Captain of the port. B. b)-It shall be the responsibility of the vessel master or agent to notify the coast guard captain of the port in writing of explosives shipments entering or leaving via the port,and to secure a coast guard permit to load or discharge explosives. A separate permit is required for both the loading and discharge operations.Application for the permit,together with a manifest and a cargo stowage plan,must be submitted to the coast guard captain of the port not less than seven working days prior to the desired date of loading or unloading of the explosives,in order that arrangements can be made to have a coast guard explosive handling supervisor on the scene at the proper time.The captain of the port is to be notified at the Marine Safety Office in Anchorage,Alaska.Telephone or telegraphic notice may be utilized in emergency circumstances requiring shorter notice; however,written application must follow as soon as practicable thereafter.A separate permit must be obtained from the City of Seward Fire Department. C.(f)-All explosives loading,unloading and movement via railroad,truck or other land transport, or loading or unloading of explosives on aircraft shall be accomplished in accordance with the applicable provisions of this chapter,of the Interstate Commerce Commission explosives handling regulations promulgated in 49 Code of Federal Regulations 71 through 78,and of other applicable federal and state regulations. 348 9.15.330-Display of danger signals;supervision of explosives handling. A.(41t shall be unlawful for any person to load or discharge any explosives into or from a vessel in the port unless such actions are in compliance with the requirements of CFR Part 49, Section 176.176, no fire or welding operations or smoking shall be permitted on board such vessel; provided, that in the case of steam vessels, fire may be allowed in the furnaces, but any such explosives shall be discharged or loaded as far from the center of the fire boiler area as possible. In the discretion of the captain of the port or his designee any of the foregoing provisions of this section may be modified or suspended,or additional provisions devised and enforced. B_{h}In the absence of a coast guard explosives handling supervisor being assigned to the explosives handling activity, a properly qualified watchman or supervisor supplied by the permittee and approved by the city manage c fire chie shall supervise the operation for safety precautions and proper handling,and this service shall be maintained at the expense of the owners of such explosives cargo,in order to safeguard the public. C. (c+Vehicles transporting explosive material shall be in compliance with the International Fire Code Chapter 33 and Department of Transportation requirements.Vehicles transporting explosive material shall display placards as required by the Department of Transportation. Vehicles transporting the explosives shall be routed to avoid congested and heavily-populated areas.Prior to transportation the routes of travel and times must be provided to the Fire Department,Police Department,and Alaska State Troopers.Vehicles carrying explosives shall not be left unattended. D. ( }Areas where loading, discharge, handling are conducted from a vehicle must be clearly identified and secure to prevent unauthorized personnel from entering the area. Areas where explosives are in use must comply with the section of International Fire Code Chapter 33. All access to areas for loading,discharge,handling and use shall be in compliance with International Fire Code Chapter 33 Storage areas shall comply with International Fire Code Chapter 33. 9.15.335-Blasting. No person shall blast or carry on any blasting operations without first having obtained a permit from the city manage fire chie .Before any such permit is issued,the applicants therefor shall comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of workmen's compensation coverage and execution of the document of indemnity.In addition to the above requirements,the city enginee fire chie,or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling,shall be provided a blasting operation plan which will cover all aspects of the operation.This plan must be approved by the city engineec zre chie , or his designee,prior to any blasting operation being conducted. The city engineerfire chie , or his designee may be in attendance at the scene of operations while blasting is being performed, and the applicant shall reimburse the city for the cost of providing such safety inspection and supervision. 9.15.340-Explosive material storage. 349 Permanent storage of explosives shall only be in designated industrial areas and in compliance with the International Fire Code Chapter 33.Permits for the storage site must be obtained from the ire chie,and all the requirements for these sites must be met prior to the issuance of the permit.Permits shall be valid on a calendar year basis. 9.15.345-Safety precautions and practices. In all explosives handling, all safety precautions prescribed by Underwriters Laboratories and standard practices for the handling or explosives,detonators and fuses must be observed. 9.15.350-Petroleum and gas storage tanks. A.(a)-Except as provided in subsections (b) and (c) herein, the construction, enlargement, or relocation of above-ground storage tanks for bulk petroleum or gas is prohibited in the city. B.(b)-Above-ground storage tanks for bulk petroleum or gas shall be allowed in the industrial(I) district and institutional district(INS),provided that a permit is obtained from the fire chief. C.(c+Above-ground vehicle fuel dispensing tanks measuring 2,000 to 5,000 gallons in size shall be allowed in the industrial(1)district,the auto commercial(AC)district and the institutional(INS) district, provided that a permit is obtained from the fire chief. All above-ground vehicle fuel dispensing tanks shall be installed in accordance with the International Fire Code and the criteria established by the State Fire Marshals office. Chapter 9.20-Public Nuisances 9.20.010-Definitions;violations;administration. A. (a)—"Public nuisances" shall include, but not be limited to, whatever is forbidden by any provision of this chapter. B_(b)~It shall be unlawful for any person to commit, create or maintain any public nuisance enumerated in§9.20.015. C. (e)-The city manager, fire chief, police chief or their designated representatives are hereby authorized to enforce the provisions of this chapter.When used in this chapter"abatement official' shall include these officials or their designated representatives. 9.20.015-Enumerated.* * Footnote: See Sec. 7.10.216 as to noise restrictions in the small boat harbor; see Sec.9.05.145 as to noisy animals;see Sec. 11.10.160 as to vehicle noise. A. The following acts and conditions shall constitute a public nuisance: (1) Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; 350 offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream;or in any way renders the public insecure in life or property; (2)Making or causing to be made any unnecessary or unusual noise which either annoys,injures or endangers the comfort,repose,health of safety of the public,except as otherwise permitted in this code,and any such noise within 150 feet of any hospital or other institution reserved for the sick or any school,whenever the institution is posted calling for special attention against noise. The police chief shall order the placing of such signs calling for special attention against noise he deems necessary within 150 feet of any portion of the grounds and premises on which is located a hospital,other institution reserved for the sick or a school; fmblie plaee,without a written permit f-Fom the poliee AWL,oF unless permitted 0 fl-this(3) Using, playing oF pFacticing upon any musical instr—ment upon any stFeets, alley OF 12LWUsing,for the purpose of attracting the attention of the public,any radio,recording music or sound amplifying device of any kind,the sound from which is cast directly upon a street,alley or public place.This subsection should not apply to devices officially used by governmental units. The city manager shall have the authority,on written application to him,to permit the broadcast by use of sound amplifying devices under conditions prescribed by him; a{A-5}0perating or using any pile driver,power shovel,pneumatic hammer or other apparatus the use of which is attended by loud or unusual noise,in conducting any building operations between the hours of 10:00 p.m.and 7:00 a.m.,except by written permission of the city manager; IL5L{6}Operating any internal combustion engine,or noise-creating blower or power fan,unless the noise made thereby is so muffled as not to cause annoyance to the public; LL{7}Disposing of any refuse,garbage,manure,waste or other materials except at refuse disposal sites which have been approved and are supervised by the state health officer, borough health officer or city manager,and which are clearly marked for such purpose; tL(8)-Dumping,abandoning,throwing,scattering or transporting anything in such manner as to cause the littering of any street,alley or public place,or of any private property not his own,or as to cause the obstruction of any ditch,drain or gutter,except as permitted in refuse disposal sites under subsection(7)of this section; jj�_{9}Knowingly or wantonly operating or causing to be operated any machine, device or apparatus of any kind whatsoever within the corporate limits of the city between the hours of 10:00 a.m. and 12:00 midnight, the operation of which shall cause reasonably preventable electrical interference in the operation of any radio or television receiving set or with radio or television reception within the city, ,examinations oF treatment may be made unnecessary or-reasonably preventable interferenee with such radio or-television reception-, M gently operated; L2LO-O}Any well,swimming pool or other dangerous excavation in the earth kept,maintained or 351 permitted in an uncovered,unprotected,unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city; LOL(WBuildings which are unoccupied and open to ingress and egress and which should be locked up,boarded up or otherwise secured from ingress or egress; LI)(-}Unpainted buildings in a dry,rotten or warped condition; 1(2) "Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief, LL3L(14}Overgrown vegetation causing detriment to neighboring properties or property values; L4L(1--S}Dead trees,weeds or debris: a Constituting unsightly appearance; b Dangerous to public safety and welfare; c Detrimental to nearby property or property values. L5L(1)-Trailers,campers,boats and other mobile equipment stored for unreasonable periods in unsheltered front yard areas,30 days being prima facie evidence of an unreasonable period; BC Note:Is this requirement ignored? L6L(4-7)-Attractive nuisances dangerous to children in the form of: a Abandoned and broken equipment; b Hazardous pools,ponds and excavations; c Neglected machinery; d Abandoned refrigerators; e Abandoned automobiles or cabinets. L7L(4}Broken or discarded furniture and household equipment in yard areas for unreasonable periods,seven days being prima facie evidence of an unreasonable period; LLLOVKlothes lines in front yard areas; L9L(29)-Garbage cans stored in front or side yards and visible from public streets; tLOL.(3I-}Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods,seven days being prima facie evidence of an unreasonable period; tL1L(2}Neglect of premises: a To spite neighbors; b To influence zone changes; c To cause detrimental effect upon nearby property or property values. 352 tL2L(23)-Property including but not limited to building exteriors which are maintained in such condition as to become so defective,unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to nearby properties and improvements.This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: a Lumber,junk,trash or debris; b Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators,freezers,cans or containers; c Stagnant water or excavations; d Any device,decoration,design,fence,structure,clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location. LL3L(24)-Emitting or discarding any lint or other waste from any laundry or dry cleaning premises or any kind whatsoever. 9.20.020-Junked or abandoned vehicles. A.(a}It shall be unlawful for any person to place(1)upon public property not set aside by law as a refuse disposal,or(2)upon any private property,except licensed junk yards,any wrecked,junked or abandoned vehicle. B. (b)-It shall be unlawful for any owner,lessee, agent,tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle. C. (}Any violation of subsections (a) or (b) shall constitute a public nuisance. The costs of abatement may be charged or assessed by the city council as provided by section 9.20.085(b) against any or all of the following: (1)The vehicle; (2)The registered owner of the vehicle; (3) Any person who has acquired the right to possession of the vehicle from or through the registered owner; (4)Any person in violation of subsection(a)or(b)of this section;and (5) The owner, leasee, agent,tenant or person in control of the property where the vehicle was situated at the time of the notice to abate. D.WAs used in this section: (1)The term"abandoned"includes any vehicle which at the time of the notice of abandonment is: 353 a Not licensed as a motor vehicle in compliance with the laws of this state; b Cannot be operated as a motor vehicle in compliance with the laws of this state because of mechanical failure. (2)The term"vehicle"means any motor vehicle as defined in this code and includes any body or part of any such motor vehicle. E.(e)-A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs and is without available funds to obtain the required license or to make such repairs may apply to the city manager for a permit to keep the vehicle upon the premises. 9.20.025-Emission of dense smoke.* *Footnote: See Sec. 11.10.160 as to vehicle smoke emissions. A.(a)-It shall be unlawful for any person,firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No.2 on the Ringlemann Chart.The emission of any such dense smoke is declared to be a public nuisance and may be summarily abated by the abatement official.This section shall not apply to: (1)The circumstance when a fire-box,furnace,boiler,locomotive or other fuel consuming device is being cleaned out and a new fire is being built therein,in which event the smoke of a density greater than that described on the Ringlemann Chart shall be permitted for a period of not to exceed six minutes in any single period of 60 minutes; (2)Smoke from fires set by or permitted by any official if such fire is set or permission given in the performance of the official duties of such officer,and such fire in the opinion of such officer is necessary: a For the purpose of the prevention of a fire hazard which cannot be abated by any other means; b The instruction of public employees in the methods of fire fighting. B.(b)-Ringlemann Chart. (1)The"Ringlemann Chart"is a chart which is described in the U.S.Bureau of Mines Information Circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light- obscuring smoke density. (2)The Ringlemann number is the number appearing on the Ringlemann Chart described by the observer to the density of smoke emission. (3)The use of the chart will be made by placing it at such distance from the observer so that the smoke appears as even shades of coloring or when no white spaces between the lines are visible. 354 Measurements shall be taken at the point of greatest density,which will usually be at the point of emission.Comparison of the smoke and observation with the various shades of the chart will then indicate the density of the smoke.Observation distances shall not be less than 100 feet nor more than one-quarter mile from the smoke observed. (4) Where the density or opacity of the smoke as observed falls between two consecutive Ringlemann numbers,the lower Ringlemann number shall be considered the density of the smoke observed. 9.20.030-Escape of soot,cinders,noxious acids,fumes and gas. A.(a)-It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders,noxious acids,fumes and gases in such place,or manner as to: (1)Be detrimental to any person or the public; (2)Endanger the health,comfort and safety of any such person or of the public; (3) Cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the abatement official. B. (b)-"Cinders," "dust," "fly ash," "noxious acids," "fumes" and"gases,"as used in this section, shall be considered to be all matter other than dense smoke,including smoke, cinders, dust and soot formed as the result of the combustion of fuel which are carried in the gas streams so as to reach the eternal air and which have not been completely consumed by the combustion process. 9.20.035-Summary abatement. The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given.All other abatement proceedings, except the necessity and the manner and method of giving notice shall apply to the nuisance summarily abated,including the recovery of the costs of the summary abatement. 9.20.040-Commencement of proceedings. Whenever the abatement official has inspected any activity,condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation,demolition,repair or other appropriate action.The procedures set forth herein shall not in any manner,however,limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law,or by the common law. 9.20.045-Notice and order of abatement—issuance;contents;service. 355 A. (a)-Issuance; contents. The abatement official shall issue a notice and order direct to (1)the record owners of the affected property,or(2)the person committing,creating or maintaining the public nuisance.The notice and order shall contain: (1)The street address and legal description sufficient for identification of the affected property; (2)The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this chapter; (3)A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated; (4)A statement advising that if any required abatement is not commenced or completed within the time specified the abatement official may proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner; (5)Statements advising: a That any person having record title or legal interests in the property may appeal from the notice and order of any action of the abatement official to the city council by filing with the city manager within 15 days(unless such abatement will materially effect a building or structure permanently attached to real property,in which case 30 days shall be allowed)from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in section 9.20.065;and b Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order. B. b)-Service of notice and order.The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public nuisance,and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records: (1)The holder of any mortgage or deed of trust or other lien or encumbrance of record; (2)The owner or holder of any lease of record; (3)The owner of any other estate or legal interest of record in or to the property affected with the public nuisance. The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way,city properties and parks or for summary abatement when permitted. C. (c+Method of service. Service of the notice and order shall be made upon all persons entitled 356 thereto either personally or by mailing a copy of such notice and order by registered or certified mail,postage prepaid,return receipt requested,to each such person at his address as it appears on the last equalized assessment roll of the borough or as known to the abatement official. If no address of any such person so appears or is known to the abatement official,any copies of notice or order shall be so mailed addressed to such person,at the address of the property involved in these proceedings.The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner herein provided shall be effective on the date of mailing. D.(d)-Proof of service.Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration,together with any receipt card returned in acknowledgement of receipt by certified or registered mail shall be affixed to the copy of the notice and order retained by the abatement official. 9.20.050-Notice and order of abatement—Recordation. A.(a)-If compliance is not had with the order within the time specified therein,and no appeals are properly and timely filed, the abatement official shall have filed in the office of the recording district a certificate describing the property and certifying: (1)That the property is affected by a public nuisance; (2)That the owner has been so notified. B.fb)-Whenever the public nuisance has been abated on a property described in the certificate,the abatement official shall file a new certificate with the office of the Seward recording district, certifying that the public nuisance has been abated. 9.20.055-Notice and order of abatement—Posting. A.(a}Required.Every order of compliance shall,in addition to being served as provided in section 9.20.045(b),be posted in a conspicuous place upon the affected property. B. (b}Removal. No person shall remove or deface any such notice after it is posted until the required abatement has been completed.Any person violating this subsection shall be guilty of a misdemeanor. 9.20.060-Means of abatement. The abatement official(and the board of appeals,if an appeal is taken)shall order the means best calculated to abate wholly the nuisance with the least costs of abatement,and demolition shall not be ordered if repair or removal may accomplish the abatement. 9.20.065-Appeals. 357 Any person entitled to service under section 9.20.045(b)may appeal from any notice and order or any action of the abatement official concerning abatement of a public nuisance by filing at the office of the city manages clerk within 39 thirty 30 days from the date of service of such order H WFitten appeal in the same anner-and method as pr-ovided for-appeals ander-section 501- of volume W of the Uniform Code for-the Abatement of Danger-ous Buildings,1985 editio*, appeal and for-hearing of the appeal shall be the same procedure for-the conduct and hearing, of appeals as provided in ehapter-s 5 and 6 of sueh volume W of the Uniform Building Code a notice of anneal. The notice shall specify all of the grounds for such anneal with supporting documents attached. A. The city clerk shall assign a date for the hearing with written notice sent to the appellant and the city council. B.Appeals shall be heard by the city council sitting as the board of adiustment.At the hearing, all parties may be represented by counsel and may offer witnesses and exhibits. The burden of Proof rests with the appellant C. Within thirty(30)days following the conclusion of the hearing,the city council shall issue written findings of the facts and conclusions of law,and clearly state the grounds upon which the decision is based The appellant may appeal a decision of the board of adiustment to the superior court within thrity days, in accordance with the Rules of Appellant Procedure of the State ofAlaska. D.During Pendency of an appeal to the board of adiustment,the notice and order of abatement and any abatement action shall be stayed During pendency of an appeal to the superior court, the notice and order of abatement and all abatement action shall not be staved 9.20.070-Enforcement of order of abatement. A. fa)-General.After any order of the abatement official or the city council acting as a board of appeals,shall have become final,no person to whom any such order is directed shall fail,neglect or refuse to obey any such order.Any such person who fails to comply with any such order shall be guilty of a misdemeanor. B.(b)-Failure to obey order.If,after any order of the abatement official or the city council acting as a board of appeals, has become final, any person to whom such order is directed shall fail, neglect or refuse to obey such order,the abatement official may: (1)Cause such person to be prosecuted under subsection(a)of this section; (2)Institute any appropriate action to abate such public nuisance; (3)Do both(1)and(2). 358 C. (c}Failure to commence work. Whenever the required abatement is not commenced within thirty days after any final notice and order issued under this code becomes effective the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in section 9.20.090. 9.20.075-Extension of time. Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time,the abatement official may,at his discretion,grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property.The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. 9.20.080-Interference with city employees,contractors,etc.,prohibited. No person shall obstruct,impede or interfere with any officer,employee,contractor or authorized representative of the city or with any persons who own or hold any estate or interest in the premises affected by the public nuisance which has been ordered abated,whenever such officer,employee, contractor or authorized representative of the city,person having interest or estate in the affected premises,is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to section 9.20.070. 9.20.085-Abatement procedure;costs constitute lien on property. A. (*-Procedure. When any abatement or a public nuisance is to be done pursuant to section 9.20.070(c)of this chapter,the abatement official shall issue his order therefor to the director of public works,and the work shall be accomplished by city personnel or by private contract under the direction of the director. B.(b}Costs.The costs,including incidental expenses,of abatement of such public nuisance shall be a lien against the property involved or may be made a personal obligation of the property owner, whichever the city shall determine is appropriate. 9.20.090-Recovery of costs of abatement. AA.(u)-The director of public works shall keep an account of the costs, including incidental expenses,of abating each public nuisance,including each separate lot or parcel of land where the abatement is done,and shall render an itemized report in writing to city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto. B.(U}Upon the completion of the abatement work,the director ofpublic works shall prepare and file with the city clerk a report specifying the work done,itemizing the total cost of the work,the 359 description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to section 9.20.045(b).Before the report is submitted to the city council,a copy of a report shall be posted for at least five days upon the affected premises,together with a notice of the time when the report shall be heard by the city council. C.(c+The term"incidental expenses"shall include,but not be limited to,the actual expenses and costs of the city in the preparation of notices,specifications and contracts,overhead and inspection of the work and the cost of printing and mailing required hereunder. Buildings,D.The procedure provided in sections 902 through 911 inclusive,of chapter 9 of volume W of tho Un*for-m Building Code of PangeFORS CUFFent edition, adopted by reference ..et-80-Hs 11 nG n1n and 17 nG n1G sh-H11 be. -the p ...,.1UFe and method f ther-eeoveFy o the eosts of the abatement of publie nuisanees as amended by this seetion. D. The city council shall hold a hearing on the cost report at which any person entitled to notice pursuant to section 9.20.045(b)may appear and lodge obiections to the costs of abatement. At the conclusion of the hearing the city council shall either accept,reiect or amend the report L.{e}All monies recovered for the costs of abatement shall be paid into the general fund. 9.20.095-Legal remedies. The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law.In addition,a public nuisance may be abated by the city in a civil action. Chapter 9.25-Noise Control 9.25.010-Noise control. In addition to the provisions of chapter 9.20 applicable to noise as a public nuisance,this chapter shall apply to noise control within the city. 9.25.015-Definitions. A.(n)4he following words,terms,and phrases,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network,the level of which so read is designated dB(A)or dBA. Commercial area means any parcel of land zoned as AC,ITC,or CB under Title 15.Decibel(dB) means a unit measure of sound level. Equivalent A-weighted sound level(L eq)means the constant sound level that in a given situation and time period conveys the same sound energy as the actual time-varying A-weighted sound. 360 Industrial area means any parcel of land zoned as I or RM under Title 15. Noise means any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance means any sound that endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. Noise-sensitive zone means any area designated pursuant to section 9.25.025 for the purpose of ensuring exceptional quiet. Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, public use easement or similar place owned or controlled by a governmental entity. Public space means any real property or structures thereon owned or controlled by a governmental entity. Public use area means any parcel of land zoned as INS or P under Title 15. Residential area means any parcel of land zoned as RR,R-I,R-2,R-3,UR or OR under Title 15. Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network such as A,B or C as specified in American National Standards Institute specifications for sound level meters (ANSI SIA-1971 or the latest approved revision thereof).If the frequency weighting employed is not indicated,the A weighting shall apply. Sound level meter means an instrument that includes a microphone, amplifier, RMS detector, integrator or time average,output meter and weighting networks used to measure sound pressure levels. Sound means an oscillation in pressure,particle displacement,particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration,intensity,and frequency. B.(b}All terminology used in this chapter and not defined in this section shall be in conformance with applicable publications of the American National Standards Institute(ANSI)or its successor body. 9.25.020-Excessive noise prohibited. A.(a)-It is unlawful for any person to witfult -willfully make or continue,or cause to be made or continued,any noise disturbance,loud sound,loud noise,or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person 361 of normal sensitivity residing in the area. B.(b3 The standards which may be considered in determining whether a violation of the provisions of this section by a person exists may include,but are not limited to,the following: (1)In a public place,repeatedly or continuously shouts,blows a horn,plays a musical or recording or amplifying instrument,or otherwise generates loud sounds or noise with the intent to disturb or in reckless disregard of the peace and privacy of others; (2)In a private place,engages in the conduct described in subsection(a)of this section,with the same intent or reckless disregard,after having been informed by another person that the conduct is disturbing the peace and privacy of others not residing in the same place; (3) Using,playing, or practicing upon any musical instrument upon any street, alley, or public place,without a written permit from the city manager,or unless permitted in this code; (4)Using,for the purpose of attracting the attention of the public,any radio,recording music or sound-amplifying device of any kind,the sound from which is cast directly upon a street,alley,or public place. This subsection shall not apply to devices officially used by a governmental entity. The city manager shall have the authority, on written application to him or her, to permit the broadcast by use of sound-amplifying devices under conditions prescribed by him or her; (5)Operating or using any pile driver,power shovel,pneumatic hammer,or other apparatus the use of which is attended by loud or unusual noise,in conducting any building operations between the hours of 10:00 p.m.and 7:00 a.m.,except by written permit issued by the city manager;or (6)Operating any unmuffled internal combustion engine,or noise creating blower or power fan. C. (c}As used in subdivisions (1)through(6) of subsection(b), "loud sound," "loud noise," or "unusual noise"includes: (1)Any sound or noise which would awaken,or cause difficulty in sleeping for,the average,not unduly sensitive individual attempting to sleep in a house,apartment,hotel,or motel;and (2)Any source of sound that creates a sound level exceeding the limits set forth for the receiving land use category in Table 1 of this section when measured by a sound level meter at or within the property boundary of the receiving land described under the listed receiving land use category. Table 1. Sound Levels by Receiving Land Use. Receiving Land Use Category Time Sound Level Limit dBA Residential area 7:00 a.m.-10:00 p.m. 60 10:00 .m.-7:00 a.m. 50 Commercial area 7:00 a.m.-10:00 p.m. 70 10:00 .m.-7:00 a.m. 60 [Public use area 7:00 am-10:00 pm 65 362 10:00 m-7:00 am 50 Industrial area At all times 80 9.25.025-Noise-sensitive zones. The city manager may prepare recommendations to the city council for the designation of noise- sensitive zones containing noise-sensitive activities.No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section so as to disrupt the activities normally conducted within the zone,provided that conspicuous signs are displayed indicating the presence of the zone. No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section containing a hospital,nursing home,or similar activity so as to interfere with the functions of such activity or disturb or annoy the patients in the activity,provided that conspicuous signs are displayed indicating the presence of the zone. 9.25.030-Exceptions. The provisions of this chapter shall not apply to: (a) NoneommeFeial publie speaking or-publie assembl- A.(b}The emission of sound for the purpose of alerting persons to the existence of any emergency, the emission of sound in the performance of emergency work, or the emission of sound in the performance work by city departments including,but not limited to,the harbor,police,fire,electric and public works department(for example emergency response and snow removal). (a) A per-son who violates a provision of this chapter is guilty of a misdemeanor and upon ;..t;.,,. SA.,ll„ ., f Re Of$50 nn fOr-the f FSt 1401.,&H• $7C nn f.,.•the S nd 1 01ation• $100 nn r r A., H-i-r-d 1;.,l.,ti.,„. and $300 nn -for- the f....ti. .,l.,too" and ., t (b)Notwithstanding the availability of any other remedy,the city or any aggrieved per-son may bring eivil action to enjoin any violation ef this ChRpteF,or-to obta-i" damages for-any iHjUFY the Cit. ., .,tl..,....1. Ht:ff S..fF...,.1..S A ..lt.,f thO 114018tio" condition exists,continues, repeated shall be a .ate and distinct violation (d)The penalties PFOvided fOF v-80-1-At-80-M 04 this ehapteF aFe in Addition to and not on lieu of any other-penalty pr-ovided for-in this > state law, or-any eivil remedy available to the city. A peFson who vio-Inte-N any pmvision of this ehapteF shall also be subject to the vivil ,including but not limited to, the imposition Ofa Civil penalty 363 Chapter 9.30-Marijuana Tetrahydrocannabinol(THC)extraction equipment 9.30.010-General provisions. All licensed marijuana processing facility tetrahydrocannabinol (THC) extraction equipment using hazardous materials must be approved by the city council prior to operation within the city. 9.30.015-Listed equipment. All THC extraction equipment shall be listed and approved by the State ofAlaska and the Seward Fire Department. 9.30.020-Equipment approval. A. When no equipment listing criteria exists and for non-listed extractions systems, equipment manufacturers may submit a master engineering report to the Seward Fire Department for approval of their equipment. B.An Alaska licensed professional engineer is required to prepare a site-specific report.The report shall include the following information: 1.The proposed or existing address of the location where the equipment will be operated,the make and model, serial number, and any other pertinent information specific to that equipment as requested by the city; 2. The installation of the equipment will meet all applicable AME and NFPA standards for the operating pressures it will be subjected to; 3.The equipment has pressure relief valves on any trapped gas sections; 4.That all hose fittings,vacuum pumps,and all other ancillary components of the equipment are compatible with the specific flammable gas used in the equipment; C.The engineering report is required by the 204-2 International Fire Code,adopted as the Seward Fire Code,and shall be signed and sealed by a responsible Alaska licensed professional engineer. All equipment shall be operated strictly in accordance with the manufacturer's instructions. D.Prior to the operation of the equipment,the city shall issue written approval of the engineering report required under this section. 9.30.025-Modification of equipment. Any modification of listed or approved equipment other than routine maintenance or replacement of an identical replacement part voids the approval of the extraction equipment unless the 364 modification is approved by the city in writing. Modifications that require approval include but are not limited to re-piping the system, addition of pumps, replacing components with non- identical components,and using unapproved gases. Chapter 9.35.-Plastic Bags and Polystyrene Containers 9.35.010.-Definitions. Affected retail establishment means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores,pharmacies,and retail stores. Biodegradable means the entire product or package will completely break down and return to nature.i.e.,decompose into elements found in nature within a reasonably short period of time after customary disposal. Customer means any person obtaining prepared food from a restaurant or retail vendor. Disposable food service ware means all containers,bowls,plates,trays, cartons, cups, lids, and other items that are designated for one-time use and on, or in, which restaurant or retail food vendors directly places or packages prepared food or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. Food vendor means any restaurant or retail food vendor located or operating within the City of Seward. Plastic carry-out bag means a bag made from plastic that is not intended nor suitable for continuous reuse and that is less than two and one-quarter mils thick and is designed to carry customer purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or "compostable," bags used by customers inside stores to package hulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts: bags used to contain dampness or leaks from items such as frozen foods,meat or fish,flowers or potted plants: bags used to protect prepared foods or bakery goods: bags provided by pharmacists to contain prescription drugs:newspaper bags,laundry or dry cleaning bags: or bags sold for consumer use off a seller's premises for such purposes as the collection and disposal of garbage,pet waste, or yard waste. Polystyrene foam means and includes blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres,injection molding, foam molding,and extrusion-blow molding. Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as Styrofoam. 9.35.015-Non-biodegradable plastic carry-out bags. 365 A. Affected retail establishments, food vendors and nonprofit vendors are prohibited from providing plastic carry-out bags to their customers at the point of sale to transport purchased items. Reusable bags,recyclable paper bags and compostable bags,including biodegradable plastic bags, are allowed alternatives. B. Nothing in this section shall be read to preclude affected retail establishments, food vendors and nonprofit vendors from making recyclable paper bags available to customers. C.Affected retail establishments,food vendors and nonprofit vendors are encouraged to provide incentives for the use of reusable bags through education and through credits or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods. D.No person shall distribute plastic carry-out bags at any city facility or any event held on city property. 9.35.020-Polystyrene foam disposable food service ware. A. Except as provided in section 9.35.25, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses polystyrene foam. B.All city facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire polystyrene foam disposable food service ware for use at city facilities. C.All food vendors using any disposable food service ware will use biodegradable or compostable disposable food service ware unless they can show an affordable biodegradable or compostable product is not available for a specific application.Food vendors are strongly encouraged to reuse food service ware in place of using disposable food service ware. 9.35.025-Exemptions. A. Prepared food prepared or packaged outside the city is exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City of Seward are encouraged to follow the provision of this chapter. B. Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or compostable alternative does not exist and/or that imposing the requirements of this chapter on that item or type of disposable food service ware would cause undue hardship. C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. D.Disposable food service ware composed entirely of aluminum is exempt from the provisions of 366 this chapter. E.Emergency supply and service procurement.In a situation deemed by the city manager to be an emergency,for the immediate preservation of the public peace,health or safety,city facilities,food vendors,contractors and vendors doing business with the city shall be exempt from the provisions of this chapter. 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 xxx day of xxx,2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J.Ballou,MMC City Clerk (City Seal) 367 • swir- Ordinance 2023-011 : Amending Seward City Code Title 10 — Public Peace, Morals And Welfare For The City Of Seward Recodification Project Documents: • Agenda Statement • Ordinance 2023-011 368 City Council Agenda Statement Meeting Date: April 10, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-011: Amending Seward City Code Title 10 — Public Peace, Morals and Welfare for the City of Seward Recodification Project Background and Justification: The purpose of this ordinance is to complete the recodification of Title 10 — Public Peace, Morals and Welfare. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, PC = Police Chief, Clerk=City Clerk) Code Citation Source Amendment 10.01.010 PC, Atty Delete section as obsolete. 10.10 PC, Atty Create new section for Fireworks Control. 10.30.010 - .030 PC, Atty Delete sections as covered by state statute. 10.30.040 Atty Delete section. 10.30.045 B Atty Delete as already covered in Title 1. 10.30.050 Atty Delete as already covered in Title 1. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. Strategic Plan: Other: 369 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: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review X Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 370 Sponsored by: City Clerk Introduction: April 24, 2023 Public Hearing: May 8, 2023 Enactment: May 8, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 10 — PUBLIC PEACE, MORALS AND WELFARE FOR THE CITY OF SEWARD RECODIFICATION PROJECT WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on Title 10—Public Peace,Morals and Welfare and reflects input from the police chief, city manager, and city attorney. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 10 — Public Peace, Morals and Welfare is hereby amended as follows: (Deletions = Bold 1ethr-ott Additions = Bold Italics Underlined.) TITLE 10—PUBLIC PEACE, MORALS AND WELFARE Chapter 10.01 - General -Pr-ovisions * Reserved *See § 7.10.125 as to r-equir-ement that small boat harbor- patrons obserwe or-dinanees. z , state, eonfor-manee with state inw. Unless other-wise defined in this title, or-wher-e a definition in this title eonfliets with the laws- of the state for- the same offeHse, the defiHitioH of the offeHse eoHtaiHed iH the ift-A,s Of the > shall gover-n the pr-ovisions of this title. Chapter 10.05 -Reserved Chapter 10.10 -Reserwed * Fireworks Control 371 SEWARD,ALASKA ORDINANCE 2023-011 10.10.010- Title. This chapter shall be known as the fireworks control ordinance of the City of Seward. 10.10.020-Fireworks prohibition. The use of fireworks is forbidden within the City of Seward except for authorized displays. 10.10.030-Exceptions for authorized displays. Fireworks may be used for public displays by -roups holdinjz a current permit issued by the city manager. 10.10.040- Use permits. A. The city manazer or his desi,-nee may issue a firework use permit, not less than fifteen (15) calendar days nor more than thirty (30) calendar days from the date of application, for public fireworks displays provided that the application shows, and issuance of the permit is conditioned upon: 1. The dates and locations of the proposed displays; 2. That all appropriate or required state licenses or certificates have been procured; 3. That a cash or corporate security bond has been filed with the city in the amount of at least $150,000 to insure payment of damazes to persons or property caused by the display. The bond requirements may be waived if the holder of the permit has in effect an insurance policy which accomplishes the same purpose as the bond; 4. That the City of Seward fire department was notified at the time the application was submitted and invited to be in attendance for fire control purposes; 5. That the state fire marshal was notified at the time the application was submitted and has issued the necessary permit if required by law; and 6. The name and address of the applicant, and, if required pursuant to this code, the name and address of the professional pyrotechnician or company who will be conductin,-the display. B. If an obiection is received from the state fire marshal or the City of Seward fire department within fourteen (14) days of notification of the application, the city manazer may deny the application for cause shown. 10.10.045-Licensed pyrotechnician-when required. A professional pyrotechnician shall conduct all fireworks displays that include "dangerous fireworks" as defined in AS 18.72.1000). A (reworks display involvin,- no "danzerous fireworks"may be conducted without a professional pyrotechnician. 10.10.050-Sale of fireworks forbidden. The sale or offerinz for sale of Class C fireworks is forbidden within the City of Seward. 372 SEWARD,ALASKA ORDINANCE 2023-011 10.10.060-Fireworks Miscellaneous provisions. A. No permit shall be issued for more than three (3) displays per calendar year. B. No permit is transferable. 10.10.070-Definitions. For the purpose of this chapter the following definitions shall apply: A. "Dan,-erous fireworks"means dan,-erous fireworks as defined by AS 18.72.100(1). B. "Display"means the detonation of fireworks at any time. C. "Fireworks"means fireworks as defined by AS 18.72.100(3). D. "Professional pyrotechnician" shall mean an individual who has been licensed by the division of Alcohol, Tobacco, and Firearms to use Class A, Class B, and Class C fireworks. 10.10.080-Penalties. Any violation of this chapter is a minor offense. The fine for offenses in this chapter shall be $50 per infraction. Chapter 10.15 - Offenses Against Persons and Property * Footnote: See AS 11.20.010 et seq. for state law as to offenses against the person generally; see AS 11.20.520 et seq. for state law as to malicious mischief and trespass generally. 10.i 5.0 0 Reserved. 10.15.015 - Disposal of abandoned or stolen property; returning unclaimed property to finder. A. Property in the possession of the police department. If there is any property in the possession of the police department that has been stolen and is not claimed by the owner within 90 days without the conviction of the person for stealing the property, or if there is any property that has been abandoned and not claimed within ninety days of the date on which the police department took possession thereof, or if property is found and delivered to the police department and ownership is not established within 90 days on which the police department took possession, the police chief shall, if the owner is not known, publish in a newspaper of general circulation in the city once a week for four consecutive weeks, that the property is in possession of the police department, and the property in possession of the police department may be sold at public auction at a time and place dated in the notice, or if the property is money, that it will be paid into the city 373 SEWARD,ALASKA ORDINANCE 2023-011 treasury for deposit into the general fund. If, after notice is given as required herein, the property still remains unclaimed by the owner, if it is money, the chief of police shall pay such money to the city treasurer; except, that found money shall be returned to the finder upon request. If it is other property,the chief of police shall have the property sold at public auction; except that found property shall be returned to the finder upon request. All requests of finders regarding return of property shall be made to the chief of police prior to sale at public auction. Any finder who fails to make his request as so provided shall forfeit all right, title and interest to any found property. Before returning property to a finder or before paying any money to the city treasurer,the chief of police may require compensation of the proportionate cost of publication and sale attributable to the property or money delivered. Provisions of this section shall not apply to property coming into the possession of the police department which the chief of police determines to be dangerous or perishable. Such property may be disposed of immediately, without notice, in such manner as the chief of police determines to be in the public interest. B. Other abandoned property. Any other abandoned property which is not turned over to the police department may be disposed of by the city manager in the following manner: The city manager or his deputy shall first determine whether or not the property is in fact abandoned property. If the property has been abandoned, and appears to have some value, it shall be disposed of at public auction in the same manner as provided in subsection (a) for property in the possession of the police department. If the property is not sold at public auction, or if the city manager shall determine that it is valueless and not sellable at public auction, it shall be disposed of as rubbish. 1 n 1 c 020 Reser-ved. 10.1c 02-4 Resccved. 10.1 c.030 n ser- ,ed. Chapter 10.25 -Reserved Chapter 10.30 - Drugs, Narcotics and Items Designed or Marked For Use With Controlled Substances 10 30 n1n Definitions-. As used in this ehapter,the following terms shall have the meanings as defined herein.! .A- Controlled substanee. Means rreontrolled rr as that term is defined in AS 374 SEWARD, ALASKA ORDINANCE 2023-011 B. items desieHed or- mar-lieted for- use with eoHtr-olled substaHees. 'Are those , • > substaHee eaH be derived-, • > iHdiHg, , pr-odtteiH gg,> , str-eHgth, , • > >maHHitol,maHHite, alld > ; • > bowls, > • �Gapsttles, ballooHs, • > > or- other-wise iHtr-odtieiHg > ito the humaH body, deter-miHiHg whether- aH item is desigHed or- mar-lieted for- use with eoHtr-olled substaHees> > g its use; • > if ally, ally state or- federal him, r-elatiHg to ally eoHtr-olled substaHee; 4- The proximity of the objeet to eoHtr-olled substaHees-,L 6. eoHtr-ol of the item to deliver- it to per-soHs whom he kHows or- should r-easoHably 375 SEWARD, ALASKA ORDINANCE 2023-011 permitted ttHder- AS • > or- of nHyoHe iH eoHtr-ol of the item as- pr-e,veHt a fiHdiHg that the item desigHed or- mar-lieted for- use with eoHtr-olled substainees; • > > ; adver-tism Hg its use; whieh the item is displayed for- sale-; • >legitimate supplier- of like or- related items to the eommuinity sueh as a lieeHsed distr-ibutor- or- dealer- of tobaeeo pr-oduets; +2- Dir-eet or- eir-eumstaintial evideHee of the ratio of sales of the item(s) to the total sales 13. The existeHee alld seope of legitimate uses for- the item iH the eommuinity; z�-v i5 A. The term rr rr as used iH this seetioH shall meaH nHy dr-ug whieh is defiHed Rind B. No per-soin shall have possessioH of-, use or- be addieted to the use of Har-eoties or- be that he is a member- of a elass lieeHsed by the UHited States or- the state to > sell, physieiaHs, > deiatists, > A. The term rr rr , > derivatives, derivatives, or- , par-aidehyde, > > > > > > > B,---No slitill have possessioH of-, use or- be addieted to the use of ally daiager-ous 376 SEWARD, ALASKA ORDINANCE 2023-011 dr-ug to show that he or-she is permitted to possess the daHger-ous dr-ug tmder-state slaw alldior- that he or- she is a member- of a elass lieeHsed by the UHited States or- the state to buy, sell, dr-ug to show that the daHger-ous dr-ug was mixed with a suffieieHt quaHtity of allother- dr-ug was pur-ehased iH good faith to be used for- legitimate medieal pur-poses alld Hot for- the it shall be uHlawNI for- ally per-soH or- per-soH hol, eler-li, ageHt or- serwaHt to sell ally item whieh is desigHed or- mar-keted for- use with eoHtr-olled substaHees uHless other-wise permitted iH this eode or- uHless sueh per-soH shall have a lieeHse for- sueh sale issued by the eler-k of the City of Sewar-d iH aeeor-daHee with this ehapter-. Sueh lieeHses shall be iH fidditi to ally or- all other- lieeHses held by applieaHt. AH applieatioH to sell ally item desigHed or- mar-keted for-use with eoHtr-olled substaHees shall alld eaeh alld every employee author-4ed to sell sueh items that eaeh sueh per-soH has Hever- 10.30.035 Sale to minors. It shall be unlawful to sell or give items designed or marketed for use with controlled substances to any male or- fem child. 10.30.040 ReE9r s. Every lieeHsee must keep a r-eeor-d of every item desigHed or-mar-keted for-use with eoHtr-olled substanees whieh is sold and this r-eeor-d shall be open to the inspeetion of any poliee offieer- at ally time dur-iHg the hour-s of busiHess. Sueh r-eeor-d shall eoHtaiH the Hame alld address 9 the > the name and quantity of the item, the date and time of the sale, lieeHsee or- ageHt of the and the 377 SEWARD, ALASKA ORDINANCE 2023-011 r-eeor-ds shall Hot be diselosed to the publie alld shall be made available oHly to iftiv 10.30.045 -Remedies. A. A person who violates any provision of this chapter shall be subject to a civil penalty of not less than $50.00 nor more than $1,000.00 for each offense or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter, the superior court shall grant injunctive relief to restrain the violation. 10.30.050 Sever-ability. 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 8th day of May, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 378 • swir- Ordinance 2023-012: An Ordinance of the Seward City Council, Amending Seward City Code Title 3 Personnel Documents: • Agenda Statement • Ordinance 2023-012 379 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Agenda Item: Ordinance 2023-012: Amending Seward City Code Title 3 Personnel Background and justification: Title 3 contains the city's personnel code. Due to the evolving nature of personnel requirements and ongoing need to address issues as they arise, the Title is brought before the council to enact language previously confined to policies and to codify and clarify processes currently used by the city. The ordinance has been extensively reviewed by the city's attorney(s), as well as the policies that were not previously contained in Title 3. Please note that enacting the ordinance supersedes all policies not previously approved by the city council. Chapter 3.01 Objectives and Scope Amended Ordinance code section Section Title Page # Amendment 3.01.020 Scope 2 Bulleting added. Chapter 3.05 Or anization and Del e ation of Authority Amended Ordinance code section Section Title Page # Amendment Language has been added to require the 3.05.015 F Responsibility and authority 4 human resources manager, or designee if the human resources is unavailable, to participate in all employment interviews. Chapter 3.10 Position Classification Amended Ordinance code section Section Title Page # Amendment Language has been added recognizing Classification plan — reorganization of a department by the city 3.10.025 E development and 6 manager(which is the most common action) administration. and clarifying language regarding an employee affected by reclassification. Chapter 3.15 Salary Administration Amended Ordinance code section Page # Amendment 3.15.010 Pay plan 7 Grammatical amendment. 3.15.030 B Entrance pay rate 8 Clarifies appointment above the entrance pay rate. The 'open range positions" language has 3.15.030 D Entrance pay rate 8 been struck because the new pay plan puts all employees, with the exception of the 380 manager and clerk, on the same pay plan. 3.15.035 A.2. Step increases 8 Strikes language regarding open range employees to be consistent with 3.15.030. Clarifies that in order for an employee to receive further step increases,the employee 3.15.035 B.2. Step increases 8 must continue to demonstrate satisfactory service of a progressively greater value and eliminates reference to the open range. 3.15.045 B.2. Pay rate adjustments 9 Clarifying language. Language added regarding reinstatement of 3.15.045 E Pay rate adjustments 9 an employee returning from military leave and eliminates the language limiting reinstatement strictly to veterans. Requires prior written designation, clarifies working days and calendar days and enacts Compensation during language regarding when a department 3.15.050 A temporary assignment 10 head is in state and deems it appropriate for an employee to be temporarily assigned to a position. 3.15.060 D Overtime 11 Grammatical amendment 3.15.060 E Overtime 11 Shift differential increased to match the SPEA Ian ua e. 3.15.070 Standby compensation 11-12 Language added to clarify standby compensation. 3.15.075 Call-out compensation 12 New section mirroring the SPEA contract. 3.15.080 Police department clothing 13 Language clarifies the timeframes regarding allowanc police department uniforms. 3.15.090 Changing pay range assign ents 13 Renumbered References to "longevity" bonuses have been struck and replaced with "annual" 3.15.100 Annual bonus 13 because all regular employees receive the bonus annually. The bonus percentage has been increased to 1.5% of the employee's annual salary. 3.15.110 Retirement 13 Renumbered 3.15.120 Insurance and medical 13 Renumbered benefits 3.15.130 Effective date of changes in 14 Renumbered a Cha ter 3.20 Recruitment Amended Ordinance code section Section Title Page # Amendment No changes Cha ter 3.25 Selection Amended Ordinance code section Section Title Page # Amendment 3.25.035 Probationary employee 16 Additional bulletin Language added referencing municipal 3.25.035 G Probationary employee 17 correction officers and clarifies permanent status after certification by the Alaska Police Standards Council. 3.25.040 Temporary, seasonal and 17 Additional bulleting on-call appointments 381 Chapter 3.30 Performance Evaluation Amended Ordinance code section Section Title Page # Amendment Language added requiring the city 3.30.035 A Unsatisfactory evaluation 19 manager's signature on unsatisfactory evaluation. Chapter 3.35 Employee Development Amended Ordinance code section Section Title Page # Amendment No changes Chapter 3.40 Grievance Procedure Amended Ordinance code section Section Title Page # Amendment 3.40.010 Policy 22 The first sentence was struck due to ambiguous nature of the sentence. Language added to enable the employee to 3.40.015 B Discussion r a problem 22 document a supervisor's decision within the with a supervisor employee's personnel file. 3.40.15 C Discussion of a problem 22 Clarifying language pointing to section with a supervisor 3.40.020. Language is struck regarding separate 3.40.020 A Definition of a grievance 23 personnel rules and regulations because Title 3 and council adopted policies are the governing documents. Clarifies that grievances are not for general 3.40.020 B Definition of a grievance 23 complaints or disagreements about how work is to be accomplished. 3.40.020 C Definition of a grievance 23 The language refers back to code. The language"(city manager,or in regard to Supervision of grievance the city clerk's office, the city clerk)" has 3.40.025 A procedure. 23 been struck because the appointing officer is defined in the definition section. The entire section has been amended to 3.40.030 Grievance procedure steps 23-27 clarify the grievance procedure steps and to better define the timeframes fora grievance. Strikes language regarding automatic 3.40.040 C Time limits 28 advancement of a grievance and refers back to the established timeframes. Strikes the requirement that the extension of 3.40.045 Extension of time limits 28 time limits by mutual consent must be signed by all parties because most of the correspondence is completed through email. 3.40.060 No discrimination or 28 The last sentence has been struck because it reprisals is redundant to the paragraph. Chapter 3.45 Annual Leave Amended Ordinance code section Section Title Page # Amendment 3.45.040 F.3. Annual leave use 31 Adds "legal guardian" to the definition of immediate family. 382 Language added to require city manager 3.45.075 A.1. Leave without pay 32 approval prior to the use of leave without a . Provides for 90 days of leave without pay, 3.45.075 A.4. Leave without pay 32 with the exception of FMLA. 3.45.100 Light duty 34 Provides for light duty on a case-by-case basis. Cha ter 3.55 Se arations Amended Ordinance code section Section Title Page # Amendment 3.55.010 C Resignations 36 Provides for an exception when an employee fails to give adequate notice of a resignation. Oral reprimand has been removed from Dismissal for disciplinary 37 progressive discipline because a supervisor 3.55.020 B.I. reasons. may use the oral reprimand as a coaching opportunity, as opposed to discipline. Chapter 3.60 Special Provisions Amended Ordinance code section Section Title Page # Amendment Clarifies that an employee must obtain the correct forms from the human resources 3.60.015 B Outside employment 36 manager prior to accepting outside employee and the city must approve the outside employment. The entire section has been struck because 3.60.025 Travel expenses 39 the language is contained in a separate policy. The entire section has been struck because 3.60.027 Training expenses 39 the language is contained in a separate policy. The entire section has been struck because 3.60.035 Take home vehicles 41 the language is contained in a separate policy. 3.60.050 Firearms prohibited 41 New section addressing firearms in the workplace. New section addressing pets in the 3.60.060 Pets in the workplace 41 workplace. Note: the language was previously in a policy adopted by council. 3.60.070 Use of tobacco— 41 New section addressing use of tobacco by restrictions employees in the workplace. Chapter 3.65 Collective Bargaining Amended Ordinance code section Section Title Page # Amendment Submission of collective 3.65.010 bargaining agreements to 42 Grammatical amendments the city council. Chapter 3.70 Standards Relating to Drugs and Alcohol Amended Ordinance code section Section Title Page # Amendment No changes — however, the language is expanded on in a separate policy. 383 Chapter 3.75 Standards Relating to Employee Conduct Amended Ordinance code section Section Title Page # Amendment 3.75.010 Sexual harassment 44 Clarifying amendments Chapter 3.80 Workers' Com ensation Amended Ordinance code section Section Title Page # Amendment The language has been struck and new 3.80.010 Workers'compensation 44 language inserted to state the city shall follow the procedures set forth in the Alaska State Workers'Compensation Act. 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 legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking R Water RHealthcare Motor Pool Other Note., amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Finance Director Signature: Attorney ew ✓ Yes Attorney Signature: Not applicable Comments: 384 4/17/23 Administration Recommendation e✓ Adopt ordinance Other: 385 Sponsored by: Bower CITY OF SEWARD,ALASKA ORDINANCE 2023-012 An Ordinance of the Seward City Council,Amending Seward City Code Title 3 Personnel WHEREAS,this ordinance enacts language previously confined to policies and provides for grammatical amendments throughout the title; and WHEREAS,the language codifies and clarifies processes currently being used by the city. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 3 is amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Chapter 3.01 Objectives and Scope 3.01.010 Title. This title is known and cited as the personnel ordinance of the City of Seward. 3.01.015 Purpose. It is the purpose of this title to establish a system of uniform personnel policies and procedures which shall improve the quality of personnel administration consistent with such merit principles as: A. Recruiting, selecting and advancing employees on the basis of their relative ability,knowledge and skills, including open consideration of qualified applicants for initial appointment; B. Providing equitable and adequate compensation; C. Training employees, as needed, to ensure staff are equipped to deliver high quality performance; D. Developing employees and improving their performance by correcting any inadequate performance; E. Ensuring equal opportunity and fair treatment of all persons in all aspects of the employer- employee relationship including, recruitment, hiring, upgrading,promotion, training, transfer, layoff,recall and termination by basing all personnel decisions on the individual's abilities and performance without regard to political affiliation, race, color, pregnancy, ancestry, marital status, veteran status, disability, religion, national origin, sex, age, sexual orientation or any other discriminatory factor prohibited by law and with proper regard for the individual's privacy provided,however,that state or federally mandated employment requirements shall be observed. F. Ensuring employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. Page 1 of 46 386 CITY OF SEWARD,ALASKA ORDINANCE 2023-012 3.01.020 Scope. A. Scope - all employees. 1. This title establishes policies and procedures for personnel administration for all employees of the city except the city manager,the city attorney,the city clerk,the mayor, members of the city council and members of city boards and commissions. 2. The provisions of this title may apply to the city manager,the city attorney, or the city clerk only to the extent that they are incorporated by specific reference in a written employment contract with the city. B. Scope - collective bargaining unit. 1. Where a provision of this title conflicts with a provision of a collective bargaining agreement covering city employees, the provision of the collective bargaining agreement shall govern. 2. This title shall govern personnel policies and procedures for city employees covered by a collective bargaining agreement to the extent that its provisions do not conflict with provisions of the collective bargaining agreement. 3.01.025 Police Standards Act. The Seward Police Department shall be subject to these personnel regulations and, in addition, shall observe all rules and regulations adopted by the Alaska Police Standards Council pursuant to AS 18.65.130290. In the event of conflict, the standards and regulations adopted by the police standards council shall prevail over these personnel regulations. 3.01.030 Amendments. Upon the passage of an amendment to this title, the human resources manager shall distribute to all e leyees' employees replacement pages for the city personnel manual incorporating the amendment. 3.01.035 Definitions. As used in this chapter: A. 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 transfers that may occur during the course of an employee's service with the city, except for periods of leave without pay as outlined in § 3.45.080. B. Appointing authority means the city manager, except that the city clerk shall be the appointing authority for all positions in the city clerk's office. C. Break in service is defined as at least one (1) entire pay period off. D. Department head means each of the following: the finance director, the electric general director, public works director, the harbormaster, the chief of police, the fire chief, the parks and recreation director, library and museum director, IT director, and the community development director. E. Emergency employee means an employee hired for less than thirty (30) days pursuant to § 3.25.045. Page 2 of 46 387 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX F. Exempt employee is 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. G. Full-time employee means an employee who regularly works forty (40) hours per week. H. Graveyard shift means any consecutive eight (8) hour, regularly scheduled work shift that begins at or after midnight and before 8:00 a.m. L Holiday is defined in §§ 3.50.010 and 3.50.015. J. Human resources manager means the director of the human resources department. K. On-call employee means an employee hired on an on-call basis pursuant to section 3.25.040. Appointments may be for no more than one hundred eighty (180) calendar days. L. Part-time employee means an employee who regularly works less than 40 hours per week. M. Probationary employee means an employee who has not yet completed the probationary period imposed under § 3.25.035(a). N. Promotional probationary employee means an employee who has not successfully completed a probationary period imposed under § 3.25.035(b). O. Regular employee means: 1. 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. 2. Nothing in this section shall be deemed to imply that a regular employee will always be employed by the city. 3. A regular employee may be laid off, dismissed, terminated or separated from city employment in accordance with the provisions of this title. P. Regular position-means: 1. A position which is expected to exist for more than nine (9) months. 2. There is no implication the position will never be eliminated. 3. A regular position may be eliminated due to lack of work, lack of funds, reorganization of a department, reassignment of duties, or for any other reason. 4. No employee shall have the absolute right to continued employment in any particular position. Q. Regular rate of pay means the hourly rate of pay actually paid an employee for the normal, non-overtime work week for which the employee is employed. R. Satisfactory means an acceptable, adequate or sufficient performance evaluation. S. Seasonal employee means an employee hired on a seasonal basis with an expectation to return to their position consistent with the city's needs, although the hiring will be temporary pursuant to § 3.25.040. No employee shall have the absolute right to continued employment in any particular position. T. Swing shift means any consecutive eight hour, regularly scheduled shift that begins at or after 4:00 p.m. and before midnight. U. Temporary employee means an employee hired under the terms specified in § 3.25.040. V. Term employee means an employee in a position, full or part-time, that is designed for a specified period of time of more than nine months and less than two years for a specific purpose or project pursuant to § 3.25.050. W. Work week consists of a five-day week, eight hours per day, 40 hours per week,pursuant to § 3.15.055. Page 3 of 46 388 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.05 Organization and Delegation of Authority 3.05.010 Purpose. Proper organization and delegation of authority are essential to effective city government administration and management. The responsibilities and authorities delineated in this chapter are intended to establish a clear understanding of the role that each segment of city government must play in order to create and administer a sound personnel management program. 3.05.015 Responsibility and authority. A. City council. The city council shall have overall responsibility and authority regarding personnel matters including, but not limited to, the following: 1. Approve all funds in the city's budget; 2. Adopt personnel policies; 3. Approve work rules established for the efficient operation of the city's work force; 4. Appoint the city manager, city clerk and city attorney. B. City manager. The city manager shall have the responsibility and authority to: 1. Administer the council adopted personnel policies pertaining to this title and procedures approved by the city manager ; 2. Provide for the establishment and maintenance of records of all employees in the city service; the records include the class title,pay and other pertinent data; 3. Develop and administer an affirmative action program to provide for equal opportunity in all aspects of city personnel administration; 4. Foster and develop,in cooperation with appointing authorities and others,programs for the improvement of employees' effectiveness and productivity, including training, safety, health, counseling and welfare; 5. Administer the city's recruitment and selection program; 6. Ensure uniformity in the application of discipline and processing of employee grievances; 7. Prepare and adopt the forms, reports and procedures as may be necessary to carry out the city's personnel program; 8. Appoint and dismiss all city employees except those appointed by the council or city clerk as stated in the charter. C. City clerk. The city clerk shall have the responsibility and authority to: 1. Administer recruitment and selection for positions in the city clerk department; and 2. Exercise all the authority assigned to the city manager regarding personnel matters involving the City Clerk's Office or a department head by the provisions of this title for positions or employees in the office of the city clerk. When the city clerk takes an action authorized for the city manager or department head under this title,the action is not subject to delegation from, or approval of, the city manager. D. Department heads. Department heads shall have the responsibility and authority to: 1. Enforce the personnel policies; 2. Keep employees in their departments informed of current personnel policies and procedures; 3. Participate in the grievance procedures as specified; 4. Appoint employees to vacant positions within their respective departments in accordance with established personnel rules and procedures; Page 4 of 46 389 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 5. Develop training programs for employees within their respective departments; 6. Take corrective action within their respective departments to the extent authorized in this title and delegate the authority to supervisory personnel as deemed appropriate. 7. Conduct orientation for all new employees. The orientation shall include introduction to fellow workers, work standards, safety regulations, break periods, supplies, etc. 8. Have appointment and dismissal authority over all employees under the department head's jurisdiction as delegated by the city manager, subject to the approval of the city manager. E. Supervisory personnel. Supervisory personnel shall have the responsibility and authority to: 1. Implement personnel policies, rules and regulations in the units under their supervision; 2. Take corrective action concerning employees under their supervision and make recommendations as to hiring, firing, transfer,promotions and personnel evaluations; 3. Train new employees and participate in the development of other employees; 4. Evaluate employee performance under the provisions of the title; 5. Participate in the grievance procedures as specified in this title. F. Human resources manager. 1. The human resources manager shall; conduct orientation for all new employees and issue to each new employee a copy of the current personnel regulations and position descriptions which outline job duties; the orientation shall include but not be limited to pay plan, insurance and retirement benefits, and any other city policies and/or procedures. 2. The human resources manazer, or desi,-nee if unavailable, shall attend all interviews for potential new employees. The interview panel will be discussed with the human resources manazer and the department head responsible for the position the individual is applying for. G. All employees. Employees of the city shall be presented with a copy of the personnel rules on their hiring date and shall have the responsibility and ability to: 1. Read the rules and ask the immediate supervisor to explain the personnel rules if questions arise; 2. Understand the function of the department to which they are assigned and how that function relates to the total mission of the city and all of its departments; 3. Discuss with the immediate supervisor any questions relating to the interpretation or application of these rules, either informally or formally through the grievance procedure; 4. Bring to the attention of the immediate supervisor any change in duties as outlined on the position description form given to the employee at hiring; 5. Submit in writing recommendations or comments to these rules to the city manager. Chapter 3.10 Position Classification 3.10.010 Classification plan. The classification plan is the grouping of positions into appropriate classes which are similar with respect to duties and responsibilities. Each class in the classification plan shall be designated by a descriptive title and defined by a class specification. 3.10.015 Class specifications. A. Class specifications are written descriptions of positions of each class included in the classification plan. Page 5 of 46 390 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. Specifications shall include a class title, a general statement of duties and responsibilities, typical examples of duties performed and minimum qualification requirements for entrance into a class. C. Special requirements, where appropriate, the license or certification, shall also be included. 3.10.020 Purpose of the classification plan. The classification plan is an administrative tool that provides a system of standardized titles and common job language and is critical to the effective administration of personnel activities such as: A. Work force planning and budgeting; B. Establishing job performance standards; C. Establishing fair and equitable pay; D. Developing training programs; E. Developing valid selection and recruitment programs; F. Establishing appropriate career lines. 3.10.025 Classification plan—development and administration. The city manager shall have the authority for the overall administration of the classification plan. In developing the classification plan, the city manager shall consult department heads, key staff, employees and other technical resources as appropriate. A. Allocation of positions. The city manager shall analyze and evaluate the duties,responsibilities and qualifications required of each position in the classified service. B. Maintenance of the classification plan. The city manager shall periodically review the entire classification plan or any part thereof at the city manager's own initiative or at the reasonable request of a department head or group of employees; provided, however, the review shall be conducted at least every three years. The purpose of the review is to: 1. Ascertain whether or not the plan accurately reflects existing conditions; 2. Determine the accuracy of class specifications; 3. Assure positions are properly classified. C. Position descriptions. Position descriptions shall be supplied by each city department for each position under the department's jurisdiction, subject to the approval of the city manager. The human resources manager shall keep a file of all current job descriptions. D. New positions. 1. When a new position is proposed or established,the department initiating the new position shall provide a written job description to the city manager. 2. The city manager shall determine the proper classification or prepare a new classification description if an appropriate classification does not exist. 3. The city manager shall make a recommendation to the city council for final approval of the new position. E. Reorganization of department. 1. Whenever reorganization of a department by the city manager or action of the city council causes the duties of a position to change, or a position appears to have been incorrectly allocated,the city manager shall, at the request of the department head, on behalf of the 6f man employee affected by the reclassification, investigate the duties of the position in question. Page 6 of 46 391 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. After conferring with department officials and the employee involved, and reviewing all relevant data, the city manager shall appropriately reclassify the position. Reclassification shall not be used to avoid the provisions of the personnel rules dealing with layoffs, demotions,promotions or dismissals. F. Effective date of change. Classification actions shall be effective on the first day of the pay period following approval by the city manager. 3.10.030 Status of incumbents in reclassified positions. In all cases of reclassification, the employee in the position shall be entitled to examine and compete for the reclassified position. If ineligible for appointment to the reclassified position, the employee shall be transferred, reassigned, or terminated by appropriate action in accordance with the provisions of these rules. Chapter 3.15 Salary Administration 3.15.010 Pay plan. The pay plan shall include the schedule of rates for all positions, pay ranges, consisting of minimum,intermediate and maximum rates of pay for all positions. The objectives of the pay plan shall be to provide: A. PFevide An appropriate salary structure to recruit and retain competent employees. B. Pfevide Appropriate pay incentives for high employee productivity. 3.15.015 Pay plan standards. The pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. Pay ranges within the pay plan shall be determined with due regard to such factors as: A. The relationship between classes; B. The relative difficulty and responsibility of work; C. The availability of applicants; D. The prevailing rates of pay in both public service and private industry in the appropriate recruiting market; E. Cost of living factors. 3.15.020 Development of the pay plan and council approval. A. The city manager shall be responsible for developing the pay plan through the use of standards described in this chapter. B. The city council shall, by separate resolution, approve the pay plan at the time the operating budget is approved. 3.15.025 Administration of the pay plan. A. Responsibility. The city manager shall be responsible for administering the pay plan and keeping it current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. B. Cost of living allowance. The pay plan may be adjusted with the approval of the city council on an annual basis to reflect a cost of living allowance (COLA) based on the US Department Page 7 of 46 392 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX of Labor, Bureau of Labor Statistics, consumer price index for all urban consumers (CPI-U) for Anchorage, Alaska, for all non-union employees, provided that changes made, if any, in the pay plan to reflect a cost of living allowance will be effective on the day authorized by the city council. 3.15.030 Entrance pay rate. A. The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. B. A department head, subject to the approval of the city manager, may make an appointment above the entrance pay rate Oftly WaeR taeFe aFe HO eandida4es u*heentfanee rate OF in recognition of exceptional qualifications. C. In no instance shall an appointment be made above step "E" except with the approval of the city manager. the appropriate A-1-1:H�_listed ill the Open r-ange wages. 3.15.035 Step increases. A. Probationary step increase. A probationary step increase is a special, one time only, step increase. 1. New employee. A new employee, after serving a probationary period of one hundred and eighty (180) calendar days of satisfactory performance, shall receive a one-step increase. to five per-eent 0 shall ., e the ., ate ; 2. -3--Promotional probationary employee. An employee who has transferred to a new position and who must serve a promotional probationary period as defined in section 3.25.035, shall receive a probationary one-step increase upon successful completion of the promotional probationary period. B. Continued step increases. 1. Step increases are awarded when the department head feels the employee has demonstrated service of a progressively greater value, progressively greater responsibility, and performed beyond what normally would be expected for the city during the past year. 2. Employee must demonstrate satisfactory service. For an employee to receive further step increases, the employee must continue to demonstrate service of a prozressively ggreater value. Page 8 of 46 393 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX of ffea4ff vakie— C. Step increases are not automatic and are not based on longevity. 3.15.040 Regular part-time employment. A. Regular part-time employees who are not exempt from the overtime requirements of the federal Fair Labor Standards Act shall be compensated on an hourly basis equivalent to the hourly rate established for the regular full-time employment at step "A" of the pay range for the actual number of hours worked in each payroll period. B. Appointments shall be in probationary status and a probationary pay increase shall be awarded, if earned, when regular hours worked have a cumulative total of 1,040 hours, which is equivalent to a six-month probationary increase as set forth in section 3.15.035. C. An increase shall be awarded, if earned, each time regular hours worked have a cumulative total of 2080. 3.15.045 Pay rate adjustments. The following personnel actions shall affect the pay status of an employee in the manner described: A. Transfers. When an employee is transferred from one position to another with a common pay range, the employee shall continue to receive the same rate of pay. B. Promotions. 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. 2. If the employee's current rate of pay is below the minimum rate of the promoted new position, the pay shall be increased to the minimum step of the new position. 3. 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 the employee's current pay rate. C. Reassignments. When an employee is reassigned for cause, or for administrative purposes,the pay shall be adjusted to fit the job according to the principles of classification and equal pay for equal work. D. Reinstatement of employees who have resigned. 1. No preferential pay treatment shall be given to reinstated employees. The principles of job classification and equal pay for equal work, which includes work experience, shall apply as if to a new employee. 2. An employee who has resigned due to special reasons such as, but not limited to, family illness of e"eational leave (tip to two years a*d w44 prior- appr-oval of the e4y manager-) shall have reinstatement rights according to arrangements made in writing at the time of the resignation and provided, the job is available. E. Reinstatement of employees returning from miliary leave - . A city employee who returns from military leave shall be reappointed in accordance with the United States Code Annotated Title 50, War and National Defense Military Selective Service Act of 1967; 459, Separation From Service (a), (b), (c), (f) and(g). F. Layoffs. Page 9 of 46 394 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 1. When an employee, following layoff, is reemployed in the same position from which the employee was laid off, the employee shall be placed in the same step the employee occupied at the time of layoff. 2. When the employee is reemployed in a position having a lower pay range, the employee's rate of pay shall be assigned according to standard principles of job classification and equal pay for equal work. 3.15.050 Compensation during temporary assignment. A. When any employee is temporarily assigned to a position, by prior written desi,-nation, with a higher pay range for a period of at least three consecutive working days but less than thirty (30) calendar days, of when a department head is out of state for any length of time, or when the department head is in state and deems it appropriate for an employee to be temporarily assi,-ned to a position, the employee shall be compensated above the employee's base rate by 25 percent(25%). B. If an employee's base rate is the maximum of the pay range,the employee shall be compensated above the maximum pay range by 25 percent(25%). C. If the assignment is for a period of thirty (30) calendar days or more, the employee shall be paid at the first step of the higher pay range or the employee shall be given a 25 percent(25%) increase as provided in the preceding sentence,whichever is higher, for the full period worked in the temporary assignment. D. An employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay E. An overtime elizible employee workinz in an overtime exempt position will receive the employee's hourly rate plus 25 percent (25%) and will be paid for overtime at time and a half of the overtime-exempt position base hourly rate. 3.15.055 Hours of work. A. Regular working hours of city employees shall consist of a five-day week, eight hours a day, 40 hours a week. B. Special provisions for a modified schedule, such as a four-day week,ten hours a day, 40 hours a week may be permitted with approval by the city manager. C. The standard work week shall consist of the period from midnight Saturday to the following midnight Saturday. D. The standard workday shall consist of the period from midnight to midnight. E. Different schedules to meet departmental operating needs shall be established and altered by department heads, with approval of the city manager. F. Temporary shifting of employees' working hours to meet routine needs shall be done as necessary and approved by the department head. 3.15.060 Overtime. A. Generally. Overtime compensation will be paid to all employees except those determined to be exempt from the overtime requirements of the federal Fair Labor Standards Act. 1. All employees who are not exempt from the overtime requirements of the federal Fair Labor Standards Act and who are requested to work over eight hours in a day or 40 hours in a week shall be paid at time and one-half for overtime hours. Page 10 of 46 395 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Employees working ten-hour shifts who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act and who are requested to work over ten hours in a day or 40 hours in a week shall be paid at time and one-half for overtime hours. 3. Regular employees who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act and who work on a holiday shall be paid at time and one-half for all hours worked on such holiday in addition to holiday pay under section 3.50. B. Approval of overtime work. 1. All overtime worked must have the approval of the department head concerned prior to the employee working the overtime, except in cases of emergency which preclude such prior arrangements and shall be paid in accordance with applicable laws and policies. 2. The department head or other person in charge of providing emergency service shall see the overtime hours are properly recorded. The department head shall review the record and certify to the finance department any overtime approved for payment as soon as practical thereafter. C. Overtime for police officers and police recruits. 1. Police officers. Police officers who are not exempt from the overtime requirements of the federal Fair Labor Standards Act shall be entitled to overtime pay when required to attend court session while not on regular duty. 2. Police recruits. a. Police officer recruits while attending the academy, will be paid their normal rate of pay. Workdays for time sheet reporting purposes will be Monday through Friday 0800 hours to 1700 hours, with one hour for lunch included. b. Overtime will be authorized for worked holidays and be claimed as eight hours of holiday pay and eight hours of overtime. c. No other overtime is authorized. D. Exceptions for shift rotation. Due to shift rotation, there is an exception to overtime pay for work over eight hours in a 24-hour period, is t +dtie to shift et +iei ,provided there has been off-time of at least eight hours between shifts. E. Shift differential. Shift differential compensation applies to all employees of those departments which schedule work 24 hours per day who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act on the following bases: 1. Swing shift. The employee who is assigned to swing shifts shall receive two and one half three percent (3 2-45%) additional pay to the employee's current salary for the period the employee serves on swing shift. 2. Graveyard shift. The employee who is assigned to graveyard shifts shall receive €i-e 6 percent(6 5%) additional pay to the employee's current salary for the period the employee serves on graveyard shift. 3.15.064-70 Standby time compensation. A. Only department heads are authorized to create stand-by schedules. B. An employee is not on standby unless as formally desi,-nated on an authorized standbv schedule. C. Employees uncertain if they must remain reachable and available for work should seek clarification rather than assuminz they are on standby. Page 11 of 46 396 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX D. A-. Standby compensation. A non-exempt, full-time employee assigned by the empl yee's stipef-viser-te be en standby during off-duty hours,under circumstances where the standby time does not qualify as hours worked, shall be compensated two hours of overtime pay for each standby period the employee is asked to serve when such standby is approved by the supervisor in writing. E. 43-. Standby period defined. 1. A standby period is defined as the period from the time the employee leaves the employee's work site after the conclusion of a normal work day to the following day when the employee is scheduled to return to work. 2. When an employee is placed on stand-by during the weekend or on a holiday, each weekend day or holiday is considered a separate stand-by period. F. C-. An employee on standby wee must be reachable and available for work after re-ularly scheduled work hours. The employee is required to be reachable by the employee's supervisors by telephone, radio or other electronic device. G. P- Personal activities while on standby. The employee is free to pursue personal activities as long as communications are possible and the employee is in a state of readiness to respond in a reasonable amount of time to a call for service. H. Standby pay for police officers. 1. At the direction of the Chief ofPolice or desi,-nee, an officer will be placed on a schedule and desi,-nated as standby on Friday and Saturday ni,-hts when only one officer is assi,-ned to work a shift. 2. Officers desi,-nated as being on standby and placed on the schedule as standby must remain available for work after re,-ular scheduled hours. 3. Desiknated officers shall receive two (2) hours of overtime at the employees're,-ular rate of pay with a two (2) hour minimum for a call out. 4. Desi-nated officers receivinz standby pay must answer any incominz calls and be able to respond within thirty (30) minutes of the call beinz placed. L_ & Compensation for duties performed while on standby. If called to perform duties during the off-duty hours,the employee shall be compensated for a minimum of two hours at overtime Fates addressed in seetion 3.15.060(a) and (b). 3.15.075 Call-out compensation. A. Call-out period defined. 1. The call-out period is defined as the period from the time the employee leaves the employee's worksite to the followinz shift the employee is scheduled to work. B. Call-out compensation. 1. An employee shall receive overtime pay at the rate of time and a half of the employee's re,-ular pay rate when the employee is called out to perform additional work by the employee's supervisor. 2. This call out pay shall have a two (2) hour minimum of overtime pay. C. Early call-out. 1. An employee called into work between the hours of midnizht and 7 am shall receive time and a half the employee's re,-ular pay rate. 2. The employee's pay rate will revert to the employee's re,-ular pay rate at 7 am on the employee's normal schedule workday. Page 12 of 46 397 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX D. Non-exempt supervisors called off duty for questions from subordinates shall be paid in 15- minute increments of overtime. 3.15.0806-5 Police department clothing allowance. A. Members of the police department shall be provided with two complete uniforms a etkef-year. wh-'ieh iiielti es two of pa*ts, two shit4s, and on of Loots — B. On odd years, police officers will be provided summer boots. C. On even years, police officers will be provided winter boots. D. B-All uniforms are the property of the City of Seward and shall be returned to the city before the separation from city service. 3.15.0908 Changing pay range assignments. When a pay range for a class of employees is readjusted for reasons such as reclassification or reassignment of duties, the base rate of employees occupying positions in the class shall be adjusted as follows: A. Adjustments to higher pay range. If the pay range is adjusted upward, all employees in the positions affected shall be compensated at a rate equal to the employees pre-adjusted rate increased by one step for each pay range advanced, not to exceed the maximum of the new range. Future increases will be measured from the pay range as adjusted. B. Adjustment to a lower pay range. If the pay range is adjusted to a lower range, employees in positions affected shall not receive reductions in their base rate salary upon pay range adjustment. If an employee's pre-adjustment base rate exceeds the maximum rate of the new pay range, the employee's rate of pay will remain unchanged until that rate corresponds with a step within the adjusted pay range. 3.15.1008-5 Annual Longevi bonus. A. All regularfull-time employees, after completion of one year's service, equal to (two thousand eighty (2,080) hours, shall be paid longevity pay at the rate of one percent and a ha l (1.501'0) of the employee regular annual salary. B. Eexgev4y This annual bonus pay shall be paid once each year OR during the first December pay period. . C. 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). D. Time served as temporary employee shall not be included in the 2080 hours calculation. 3.15.11094 Retirement. The city has in effect a retirement plan with the Public Employees Retirement System (PERS)for all eligible city employees as set forth by city council. 3.15.12095 Insurance and medical benefits. A. A regular city employee is entitled to participate in the group life and health program administered by the city manager and approved by the city council, provided the employee works an average of thirty (30) hours per week. Page 13 of 46 398 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. The city shall contribute to each regular city employee's group health premium, up to the maximum amount determined from time to time by the city manager and approved by the city council. C. Absences due to paid leaves, some cases of leave without pay and those absences covered by workers' compensation shall not interfere with the benefits. D. The human resources manager shall provide all eligible employees with applications and information concerning the programs and the finance department shall provide for payroll deductions to cover the employees' premiums. 3.15.1304 Effective date of changes in pay. A. Generally. Effective date of personnel transactions and implementing classification, reclassification and special merit increases shall be the beginning date of the pay period following the effective date of change. B. Regular merit and probationary increases. Effective date of personnel actions implementing approved regular merit and probationary increases shall be the day following completion of specific period of service, or such later date as a deferred request may be approved. C. Promotions, reassignments and reinstatements. Effective date of personnel actions implementing approved promotions, reassignments and reinstatements shall be the first day of the new approved status. D. Executions. Nothing in this section shall prohibit retroactive pay approved by the council or required because of administrative oversight or error. Chapter 3.20 Recruitment 3.20.010 Policy. It is the City of Seward's policy to recruit and select the most qualified person for positions in the city's service. To ensure this policy is carried out, it is the appointing authority's responsibility to: A. Conduct recruitment and selection in an affirmative manner to ensure open competition; B. Provide equal employment opportunity; C. Prohibit discrimination because of race, age, disability,political affiliation,religion, sex, color, pregnancy, ancestry, marital status, veteran status, national origin or any other discriminatory factor prohibited by law. The standards set forth in the American with Disabilities Act will be followed in the selection of employees of the city. 3.20.015 Recruitment method. The city manager or designee shall develop and conduct an active recruitment program designed to meet current and projected work force needs. Recruitment will be tailored to the various classes of positions to be filled and will be directed to all sources likely to yield qualified candidates. 3.20.020 Job announcements and publicity. A. In order to attract an adequate number of candidates for present or anticipated vacancies and to permit successful competition with other employers, the human resources manager shall issue job announcements and otherwise publicize vacancies through such media including,but not be limited to, the local newspaper and the city's website. Page 14 of 46 399 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. Job announcements shall be clear and readable. They shall include the job title, salary range, job qualification requirements, examination information(including the time,place and manner of completing applications and other pertinent information). C. Publicity for job vacancies shall be conducted for a sufficient period of time to ensure reasonable opportunity for persons to apply and be considered for employment. D. In any event,job vacancies shall be formally announced at least ten calendar days prior to the closing date for filing applications. E. The city manager may also initiate continuous recruitment programs for any class of positions as appropriate. F. All job announcements for regular appointments shall be publicized first to all city employees at least five calendar days prior to advertising publicly. 3.20.025 Application form. A. All applications for employment shall be made on forms prescribed by the city manager. B. The forms shall require background information to include training, experience and other pertinent information. C. All applications must be signed and the appointing authority shall require proof of statements. D. Application forms shall not elicit any information concerning race, politics, religion, national origin, sexual orientation, marital or family status. 3.20.030 Preemployment physical examinations. A. Employees in positions with high physical risk shall have a preemployment physical examination. B. The cost of the examination shall be paid for by the city. C. A pre-employment examination may be conducted by the physician of the employee's choice; provided, however, the cost of the examination shall be deducted from the employee's final paycheck if the employee voluntarily terminates employment ninety (90) days or less from the date of hire. 3.20.035 Rejection of applicants. A. The appointing authority may reject any application which indicates the applicant does not meet the minimum qualifications established for the position. Applications may also be rejected if the applicant: I. Has deliberately falsified any information on the application form; 2. Is unable to meet the physical, mental or other requirements demonstrated as necessary to perform the work of the position provided, however, the city shall comply with all applicable provisions of the Americans with Disabilities Act; 3. Does not meet the legal age limits or other requirements established by state law; 4. Has established an unsatisfactory employment record of such nature as to demonstrate unsuitability for the position. B. Whenever an application is rejected, notice of the rejection shall be promptly made to the applicant by the human resources manager. Page 15 of 46 400 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.20.040 Pre-employment screening. A. Regular city positions. For all regular city positions, newly hired employees are required to undergo a criminal background check and may be subject to pre-hire drug testing if required by the city drug-testing policy or federal law. B. A criminal background check is required for temporary positions requiring public security, administrative confidentiality, working with youth, or cash handling. Chapter 3.25 Selection 3.25.010 Selection devices. A. The appointing authority, in conjunction with the department heads supervising the positions, shall determine the selection device or devices to obtain the best qualified candidates for each position. B. The selection devices may include work sample or performance tests, practical written tests, individual physical examinations, background and reference inquiries and evaluation of training and experience provided, however, that the city shall comply with all applicable provisions of the Americans with Disabilities Act. 3.25.015 Confidentiality. Selection material shall be disclosed only to the city manager, human resources manager, and the concerned department head and supervisor. Every precaution shall be exercised by all persons participating in the development and maintenance of selection materials to maintain the highest level of integrity and confidentiality. 3.25.020 Open competitive selection. Job vacancies shall be open to all city employees who meet the prescribed minimum qualifications for the position. 3.25.030 Method of rating. The appointing authority shall establish a minimum or passing rating for each device used in the selection process. The final rating shall be determined for applicants with passing ratings in accordance with the weight established for each device as contained in the job announcement. 3.25.035 Probationary period. A. Probationary period - generally. All appointments are subject to a probationary period of ISO days, unless the probationary period is extended,prior to the acquisition of regular status. B. Satisfactory performance rating required. 1. Probationary employees must obtain at least a satisfactory performance rating at the completion of their probationary period in order to obtain regular status. 2. Probationary periods can be extended if deemed necessary by the employee's supervisor. C. Termination while on probationary status. 1. At any time during the probationary period, a newly hired employee serves "at will" and may be disciplined or discharged for any reason or for no reason. 401 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Just cause is not required for any form of discipline or separation during the probationary period, with no recourse to the grievance procedure. D. Reassigned employee probationary. 1. When an employee is reassigned to a position where the employee previously held regular status, no probationary period shall be served. 2. When an employee is reassigned to a position where the employee did not hold regular status, the department head shall decide whether a probationary period shall be served, subject to the approval of the city manager. The employee concerned shall be notified in writing of the decision before reassignment is accomplished. E. Promoted employee probationary. 1. When it becomes clear that an employee serving a promotional probationary period is not performing adequately, the employee shall be so informed in writing with a copy to the appointing authority. 2. If reassignment is found to be necessary, the employee shall be reassigned to a position in the employee's previous class and the employee's anniversary date shall remain unaffected. F. Reinstated employee probationary. An employee reinstated within two years of termination shall not be required to serve a probationary period unless rehired into a different position than previously served or if the previous probationary period was not completed. G. Sworn officers of the police department and municipal correction officers. 1. Sworn officers of the police department and municipal correction officers are required to serve the probationary period established by the Alaska Police Standards Council in addition to the probationary period established by the city. 2. These periods shall run simultaneously but for the purpose of personnel decisions, permanent status is attained only after certification by the Alaska Police Standards Council. 3.25.040 Temporary, seasonal and on-call appointments. A. Temporary appointment- length of time. 1. Temporary appointments shall not exceed nine consecutive months. 2. No temporary employee shall work more than nine months in a calendar year. 3. Consecutive nine-month appointments cannot be served without a break in service as defined in section 3.01.035. B. Seasonal employees. 1. 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 section 3.25.040(a). 2. No employee shall have the absolute right to continued employment in any particular position. C. Temporary or seasonal employees with prior work status. 1. Employees hired on a temporary or seasonal basis with prior city work status may be given preference for reemployment on the recommendation of the department head and approval of the city manager. 2. Job announcements for temporary or seasonal positions shall contain notice that persons with prior city work status may be accorded preference for re-employment. D. On-call appointment. Page 17 of 46 402 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 1. Employees may be hired on an on-call basis upon the recommendation of the department head and approval of the city manager. 2. On-call appointments may be for no more than 180 calendar days. 3.25.045 Emergency appointments. A. The appointing authority may authorize emergency appointments not to exceed thirty (30) calendar days. B. The appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment to city services. C. Emergency appointments are not entitled to any benefits. 3.25.050 Term appointments. A. The appointing authority, or a department head with the approval of the city manager, may appoint term employees. B. 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 months and less than two years for a specific purpose or proj ect. C. 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. Chapter 3.30 Performance Evaluation 3.30.010 Purpose. The primary purpose of the employee performance evaluation program is to inform employees how 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, dismissals, order of layoff, order of reemployment, placement and training needs. 3.30.015 Administration. The appointing authority shall administer the employee performance evaluation. Administering the employee performance evaluation shall include advising and assisting employees, rating officers and reviewing officers to ensure performance evaluation procedures are handled in accordance with the provisions stated in this chapter. 3.30.020 Periods of evaluation. Each regular employee's performance shall be evaluated at the following times: A. End of probationary period. 1. Each employee shall be evaluated approximately ten days prior to the completion of the employee's probationary period. Page 18 of 46 403 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. The employee must have an overall evaluation of at least"satisfactory" in order to become a regular employee. 3. If the probationary period ends without being extended or the employee being terminated, it is assumed the employee's performance is satisfactory even if the performance review is not completed. In this case, the employee shall receive their pay increase. B. Annual. 1. Each employee shall receive an annual performance evaluation on or near the employee's anniversary date except department heads and city manager staff shall receive an annual performance evaluation in January of each year. 2. The employee must have an overall evaluation of at least "satisfactory" in order to receive a step increase. 3. 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 the employee shall receive their pay increase. C. Special. A special performance evaluation may be completed when there is a significant change either upward or downward in the employee's performance. 3.30.025 Evaluator and form of evaluation. A. Rating officer. 1. The rating officer shall be the employee's immediate supervisor. 2. The rating officer shall be responsible for completing a performance evaluation on the form provided and approved by the city manager at the time prescribed for each employee under the supervisor's supervision. B. Reviewing officer. 1. The reviewing officer shall be the rating officer's immediate supervisor. 2. The reviewing officer shall review the performance evaluation report completed by each rating officer under the rating officer's jurisdiction before the report is discussed with the employee. 3. The reviewing officer shall consider the performance evaluations completed by the rating officer when evaluating the rating officer's performance. 4. The reviewing officer for a department head acting as rating officer shall be the appointing authority. There shall be no review of the appointing authority acting as rating officer. 3.30.030 Review of performance report. The rating officer shall discuss the performance evaluation report with the employee and the employee will be allowed to add comments if desired, before the report is made part of the employee's personnel file. 3.30.035 Unsatisfactory evaluation. A. Before discussing an unsatisfactory evaluation that does not recommend a step increase with an employee, the rating officer shall discuss the evaluation with the city manager and obtain the city mana,-er's siknature. Page 19 of 46 404 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. In the case of unsatisfactory performance, the rating officer will include in the written comments, remedial actions required by the employee. C. Employees who receive an overall rating of"unsatisfactory" on their annual evaluation shall not be eligible to receive a step increase. 3.30.037 Employee signature. After discussion of the performance evaluation is completed, both the rating officer and the employee shall sign the completed evaluation form. However, the form shall not be considered incomplete or invalid because the employee fails or refuses to sign it. 3.30.045 Disciplinary action. A. All employees shall be informed of applicable standards of performance and personal conduct of city employees in various positions. B. Employees shall be acquainted with the various provisions of disciplinary action regulations. C. All city employees shall have in their possession a copy of an up-to-date personnel regulation's manual. D. A copy is always available in the human resources manager's office. 3.30.050 Disciplinary action procedure. A. Disciplinary action required in writing. All disciplinary actions, exeept^r^' .,,amani*ions, shall be documented in writing,presented to the employee, and placed in the employee's personnel file. 1. The documentation shall be reviewed with the employee and sincere efforts shall be made to obtain agreement with the employee that facts are stated correctly, that: a. The inappropriate or incorrect behavior did occur, b. It represented behavior that should be disciplined, c. The discipline is appropriate, and d. The employee will act to remedy the disciplinary issue and the unwanted behavior will not be repeated. 2. If errors are found, the letter shall be redone and again reviewed. 3. The employee's comments shall be added. 4. The employee shall be requested to sign the document and informed that the employee's signature indicates only the employee's agreement that the document accurately records the discussion. 5. If the employee refuses to sign the document,the statement shall be entered: "(Employee's Name)read the contents on (date) and refused to sign." B. Document distribution and disciplinary review. 1. One copy of each completed document shall be forwarded immediately to the city manager's office for review and inclusion in the employee's personnel file. 2. A copy shall be given to the employee. 3. The supervisor may, if necessary, complete reviews of the employee's progress correcting the cause of the original action at scheduled intervals throughout the following 12 months. These reports shall be in writing. 4. Upon request of the employee, 12 months from the date of the action concerned, the city manager shall review the disciplinary action and if no subsequent report of similar Page 20 of 46 405 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX violations has been made, the department head shall be notified to return department and division copies to the affected employee. The original shall be sealed in a confidential envelope and replaced in the employee's personnel file. The envelope shall not be referred to again unless there is a later occurrence requiring further discipline. 3.30.055 Suspension without pay. A. Except as this section provides otherwise, the appointing authority, or a department head with prior approval of the city manager, may suspend an employee without pay: 1. for cause for a period not to exceed thirty (30) calendar days in any calendar year, or 2. while disciplinary charges against the employee are pending final disposition. B. A suspension shall be recorded in writing. C. All documents shall be reviewed with the employee immediately after preparation if possible. D. Following this action,a copy shall be given to the employee and a copy forwarded immediately to the appointing authority. 3.30.060 Reassignment. A. An appointing authority may reassign an employee for any reasonable administrative reason, for disciplinary reasons in accordance with other provisions of this title, or upon the request of the employee. B. Reassignment for disciplinary reasons is considered as a more moderate penalty than dismissal and may be offered in lieu thereof, as approved by the city manager, when mitigating circumstances warrant such leniency. Chapter 3.35 Employee Development 3.35.010 Purpose. The purpose of the employee development program shall be to foster and promote the training and development of employees in order to: A. Improve the quality of services to the city; B. Equip employees for career advancement within the city service; C. Provide a reservoir of occupational skills necessary to meet current and future employment needs. 3.35.015 Development and administration. A. The city manager shall have overall responsibility for the development, administration and coordination of the employee development program and shall: 1. Assist the department heads in developing and implementing employee development programs to meet the current and future needs of their departments and to increase employee efficiency; 2. Conduct or coordinate employee development programs to meet the common needs of all departments; 3. Maintain a file of current information and materials on job requirements, training opportunities, employee development manuals and other employee development literature; 4. Maintain a record of all training conducted and ensure authorized employee development programs are properly administered; Page 21 of 46 406 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 5. Periodically analyze and evaluate the overall development needs of employees within the city service; 6. Assure all employees receive equal consideration for appropriate training opportunities; 7. Assure employee personnel files are updated upon successful completion of any employee development activities to ensure maximum consideration for placements, transfers and promotions; B. Department heads shall provide active leadership in developing the employees under their supervision. In this capacity, the department head shall: 1. Cooperate closely with the city manager in determining the current and future employee development needs in the department; 2. Participate with the city manager in developing and implementing employee development programs; 3. Budget sufficient funds to secure needed career development programs; 4. Evaluate the effectiveness of completed career development programs and make recommendations for improvement where appropriate; 5. Assure employees are provided with sufficient time to participate in career development programs. Chapter 3.40 Grievance Procedure 3.40.010 Policy. Pursuant to SCC 3.25.035, probationary employees, including seasonal employees, are excluded from this grievance procedure, but may approach their supervisor or the appropriate authority to report violations of city code or policy. The presentation of any grievance shall be the right of each employee without fear of reprisal. 3.40.012 Purpose. The purpose of this chapter is to resolve disputes at the lowest level possible. Informal resolution is encouraged. The city has an open-door policy and all employees are encouraged to discuss matters of concern with members of management, including the city manager at any time,without having to file a formal grievance. 3.40.015 Discussion of a problem with supervisor. A. Any employee having a problem regarding employment shall first and promptly discuss the problem with the immediate supervisor. B. Where an employee disagrees with the supervisor's decision regarding a complaint, the employee may document the disagreement for placement in their personnel file, at the employee's insistence. C. If the problem is not settled and it meets the definition of a grievance in Section 3.40.020,the the employee has the right to present the grievance. D. No employee shall be intimidated, harassed, retaliated against, or reflect in their evaluation because they bring forward a problem, concern or grievance. Page 22 of 46 407 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.40.020 Definition of a grievance. A. A grievance is a written complaint by the employee or group of employees alleging a specific violation of rights under or failure to apply a section or sections of the city code or charter,city Bode, persefine' .- les and reg"'atiens or misapplication or interpretation thereof, er which directly pertain to the terms or conditions of employment of such employee or group of employees by the City of Seward. B. A grievance is not to resolve general complaints or concerns regarding other employees or disagreements about how work is to be accomplished. Complaints about such matters are resolved at the department level. C. Personnel policies and code guide the behavior and actions of employees; the grievance process addresses the violation, misapplication or interpretation, or neglect of and citV code. 3.40.025 Supervision of grievance procedure. A. The appointing authority ' shall oversee the handling of all employee grievances so that they are processed in accordance with the procedures stated in this chapter. B. Supervisors and department heads shall keep the city manager, or in regard to the city clerk's office, the city clerk, and human resources manager informed of all grievances in progress. C. Assistance in understanding the grievance procedure will be provided by the human resources manager if requested. 3.40.030 Grievance procedure steps. A. Time measurement. In the application, "workin- day" shall exclude Saturdays, Sundays and reco,-nized holiday. B. Stipulations.At each step of the grievance procedure,the time requirements may be extended by mutual a,-reement. C. Settlements. Nothinz in this section shall be construed to prevent settlement of a zrievance by mutual agreement of the parties at any time. D. Commencement. 1. A zrievance must be initiated within 15 workinz days after an employee knew or should have known of the act or condition upon which the zrievance is based. 2. For disciplinary zrievances, this time limit runs from issuance of the discipline letter. 3. Failure of the employee to comply with this time limit shall operate as a waiver of the -rievance. E. Step procedure established. Any g-rievance shall be handled as follows with each step to be taken only if a satisfactory adjustment cannot be obtained in the previous step. 1. Step Y. a. The grieving employee shall discuss the grievance with the appropriate immediate supervisor. within 15 working days from the time of occurrence of the problem. Page 23 of 46 408 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX b. If the employee and the supervisor fail to agree on a resolution of the issue within ten working days from the date the grievance was initiated, Step 2 will be followed. c. The grieving employee shall have five additional working days from the date of the Step I discussion to proceed to Step 2. A. the gfievanee is timely r-eeeived ffofn the employee. 2. Step 2. a. The employee shall prepare a written statement of the grievance and present it to the human resources manager with a copy to the city manager within 15 working days of the time limit in subsection (E)above, plus 5 additional days if applicable under 1(c) above. The statement shall include the following information: 1. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence; 2. The remedy or correction the supervisor was requested to make; 3. The section or sections of the Seward City Code relied upon or alleged to have been violated, if applicable; 4. The signature of the employee; and 5. The date the statement of the grievance was prepared. b. The human resources manager shall forward the written statement to the appropriate department head. c. The department head will investigate the grievance and meet with the employee to discuss the grievance within ten working days. d. The department head will notify the employee of their decision within five working days following the meeting date. ten wer-king days, or- if the empleyee feels the answer- r-eeeived is 4-4-A-t- qsatissfaetet=y, the the wr-44en sta4efnent to their- depaFtment head within ten working days after- t e. The depaFtment head will notify the empleyee of their- deeision within five day.& In regard to employees of the office of the city clerk, non-disciplinary grievances not resolved at Step 1 will be forwarded to council in a confidential informational memorandum and will not proceed to Step 3. 3. Step 3. a. If the employee has not received an answer from the department head within five working days, or if the employee believes the answer received is not satisfactory, the employee may appeal in writing to the city manager within five working days after the supervisor's final deadline in Step Two. b. The city manager, or designee, will investigate the grievance and meet with the employee to discuss the grievance . Page 24 of 46 409 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX c. The city manager, or designee, will notify the employee of their decision within €tee fifteen (15) working days following the meeting date, or, if no meeting is had, within twenty (20) days of receipt of the step 3 zrievance fling. d. The step 3 zrievance response is final and concludes the Zrievance process except for matters which are arbitrable as provided below. The city manager shall maintain a confidential file containing all Step 3 grievance responses. 4. Step 4.Arbitration. A. If the grievance is not resolved at Step 3, the grievant may demand arbitration of the -rievance only if 1. Such a demand is otherwise timely initiated and timely advanced as to each step in the zrievance process, and made in writinz no later than 7 workinz days after the step 3 response was due or received, and 2. The zrievant cooperates in selectinz and arranzinz for an arbitrator and arbitration hearinz; and 3. The demand includes a clear and concise statement of the issue and code sections to be submitted to arbitration; and 4. The issue statement does not conflict with an applicable collective bamaininz agreement or the exclusive representation of an employee by his or her union; and 5. The issue statement is within the issues raised in the step 2-rievance filinz and within the definition of a zrievance under 3.40.020. No new issues may be added by the zrievant by amendinz this issue statement or by raisinz new issues at the arbitration; and 6. The zrievance or issue statement are not substantially similar to a previously fled -rievance; and 7. The zrievance and issue statement can fairly be said to fit one of the two ollowin : a. A grievance over the wievant's involuntary dismissal from city service of a -rievant who is not servinz a probationary period, or b. A zrievance, not involvinz an involuntary dismissal, that presents plausible and substantial evidence of a maior unremedied and onzoinz violation of city code that substantially and materially impairs the zrievant's workink conditions, and which i. Does not involve discipline; and ii. Does not involve the failure to hire or promote a candidate the zrievant believes should have been hired or promoted, and iii. Does not involve a mere difference of reasonable opinion about how to interpret city code, re-ulation, policy; and iv. Does not primarily concern a mere personal of professional personality conflict. Page 25 of 46 410 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 8. For dismissal-rievances under subsection (7)(a) above, the arbitrator shall find that dismissal is for iust cause if it is not for any arbitrary and capricious reason, and based on substantial evidence reasonably believed by the employer to be true. 9. If a demand for arbitration does not comply with the whole of subsection (4)(A) above, the City shall refuse to arbitrate the-rievance. date�tho�ct ugo �>tex��te�en a per to ex�i p - B. Sign-iTie&4 diseiplinafy g i nd viala4iens—o-f e4y ce Within twenty (20) seveff eal e* of working days of an employee's receipt of a timely request for arbitration, the human resources manager shall secure the assignment of a hearing officer from the State of Alaska Office of Administrative Hearings, under AS 44.64.030(b), or shall provide the employee with a list of names of at least three Alaskan arbitrators. A list of qualified labor arbitrators may be obtained by the Federal Mediation and Conciliation Service, by identifyinz a member of the Alaska Bar Association who works as a professional mediator or arbitrator, or by another reasonable means to secure an unbiased and professional arbitrator. w44 t4e Alaska Bar- Asseeia4iofi, preferably w44 a4 least five years of exper-ieffee a. 4,The employee shall have seven calendar days from receipt of the list to select an arbitrator from the list. Once an arbitrator is appointed,the parties shall confer with the arbitrator and select an acceptable date for the arbitration. Unless othen-��� • b. The arbitrator shall conduct the hearing according to generally accepted standards and procedures for grievance arbitration. The fact that the city may have considered the merits of the grievance at any point of the grievance procedure shall not constitute a waiver of the city's right to contest the arbitrability of the underlying grievance. c. The employee may be represented at arbitration by a duly authorized representative. If the employee will be represented at arbitration, written notice of such representation shall be provided to the human resources manager at least ten calendar days before the date set for the arbitration. Once the human resources manager receives notice of such representation,the city shall communicate directly with the representative on all matters concerning the arbitration, unless otherwise agreed to by the representative. d. The arbitrator shall have no authority to add to, alter, delete, or modify any statute, regulation, ordinance, or labor agreement, or to issue any award on a matter not raised in the issue statement provided in subsection (A) above, the ^^mr'^ir*file The arbitrator shall have no authority to determine a violation of state or federal law. The arbitrator will be bound by the substantive scope of an arbitrable -rievance as defined in subsections (A) above and 3.40.020. The Page 26 of 46 411 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX arbitrator shall not make any award involving payment to a party for events, actions, or omissions giving rise to the grievance. If the city asserts the grievance is untimely or otherwise procedurally barred, the arbitrator shall not determine any substantive issue unless findinz the-rievance timely and procedurally compliant. The burden of proof and persuasion will be on the-rievant to show city code was violated. e. The decision of the arbitrator shall be final and binding on all parties and shall only be subject to appeal in the superior court in accordance with AS 9.43.120 9.43.150. Either party may make application to the superior court to enforce a decision of the arbitrator. f. In the application of this section, the term "employee" shall include any duly authorized representative of the employee who alleges a grievance. g. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. The expenses f t4e arrbi4ator shall be beRie by the e4y. h. Each party shall bear one-half of the arbitrator's fees. Other expenses shall be borne by the party incurrinz them, and neither party shall be responsible for the expenses of witnesses called by the other party, except that witnesses who are employees of the city shall be paid by the city for normal workinz time spent testifyinz at the hearing. The zrievant may not file a new -rievance until satisfyin,-their obli,-ation above for the arbitrator's fees. i. 4-O-. Submission of a grievance to arbitration shall not act as a stay of any action unless a stay is expressly approved by the manager or his designee. j. 44-The provisions for grievance or arbitration contained in this section shall not apply to employees who have not successfully completed the probationary period required by code at the time of the alleged action or omissions, or to exeetf eleyees Probationary employees appeal e this.»'.»,..., hea-inn an may be terminated in accordance with SCC 3.25.035(a). 3.40.035 Employee representation. A. Each employee shall be afforded an opportunity to be represented at each of the above steps by a representative of the employee's choice. B. Employees shall contact and discuss their problems with their representative only during break periods, lunch hour, before or after work or at any other time when they are not on duty. However, grievance hearings may be held during work hours. 3.40.040 Time limits. A. If the grievance procedures are not initiated within the time limits established by this chapter, the employee shall be considered as having waived the employee's right to grieve the particular violation and initiation of a grievance for the same act or omission is thereafter barred. B. Any grievance not taken to the next step of the grievance procedure within the time limits established by this chapter shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this chapter. Page 27 of 46 412 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX C. If the city fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, such grievance shall advance to the next step only by written advancement by the zrievance within the timeframes described above for non- response. 3.40.045 Extension of time limits. A. The time limits prescribed in this chapter for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. B. Likewise, any step in the grievance procedure may be eliminated by mutual consent. C. Mutual consent shall be indicated in writing and shall be signed by all.r^•*��^ D. Although all efforts should be made to comply with the time limits for initiation and completion of the steps in this grievance procedure, each time limit may be waived for excusable neglect or impossibility such as illness or planned leave. 3.40.060 No discrimination or reprisals. Employees are entitled to have grievances resolved without fear of recrimination or penalty. Employees shall be free from interference,restraint,coercion,discrimination or reprisal in utilizing or for utilizing the grievance procedures contained in this chapter. Efflpl ees shall be f ee �^m Chapter 3.45 Annual Leave 3.45.010 Annual leave entitlement. Regular employees shall be entitled to leave accrual benefits. 3.45.015 Annual leave accrual rate. A. Annual leave shall accrue at the following rates for full-time personnel based upon continuous length of service: 1. For personnel with less than three years of service, the accrual rate shall be 13 1/3 hours per month of service or 160 hours per year; 2. For personnel with three to six years of service, the accrual rate shall be 16 2/3 hours per month of service or 200 hours per year; 3. For personnel with six to ten years of service, the accrual rate shall be 20 hours per month of service or 240 hours per year; 4. For personnel with ten to 14 years of service, the accrual rate shall be 25.275 hours per month of service or 303.33 hours per year; 5. For personnel with 15 years of service or more, the accrual rate shall be 28.925 hours per month of service or 347.1 hours of service. B. With the discretion of the city manager, annual leave accrual for department heads may be increased at the time of initial appointment by applying § 3.45.015(a)(2) in place of § 3.45.015(a)(1).A department head initially hired with leave established under§ 3.45.015(a)(2) may achieve leave under § 3.45.015(a)(3) after three years of service. C. No leave request will be honored unless it is determined the employee has a sufficient annual leave balance. D. It will be the decision of the city manager to grant leave without pay. Page 28 of 46 413 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.45.020 Leave accrual while employee is on paid leave. Leave continues to accrue during the period of time an employee is on paid leave. Leave does not accrue during periods of leave without pay. 3.45.025 Computation of leave accrual for regular part-time employees. Regular part-time employees shall accrue leave at the same rate as regular full-time employees, except that leave shall be in the proportion of actual hours worked to the number of normal duty hours in a month for a full-time employee. 3.45.030 Temporary appointment leave accrual. Temporary appointments shall not accrue leave. 3.45.035 Maximum hours which may be in annual leave balance. The maximum leave which may be in annual leave balance is 720 hours. 3.45.040 Annual leave use. A. Timing of use.Employees who are entitled to accrue annual leave upon satisfactory completion of their initial probationary period shall receive credit for annual leave accrued since date of appointment. Probationary employees may use their accrued leave with department head approval. B. Regular use of annual leave. 1. Annual leave may be used for any purpose desired by the employee. 2. The employee has the right to determine when the employee shall use it. 3. The employee shall be allowed to use any amount of annual leave at the time the employee desires that will not be detrimental to departmental operations, as determined by the department head. 4. When the need for annual leave is foreseeable, annual leave should be requested on the proper form at least thirty (30) days in advance. 5. If the exact date upon which annual leave will be commenced cannot be precisely determined, or if the need for annual leave is not foreseeable,notice must be given as soon as practical under the circumstances. 6. If the employee desires to change or extend the dates of scheduled annual leave, the employee shall notify employee's immediate supervisor as soon as possible. 7. Requests for changes or extensions of leave other than for FMLA leave may be denied unless adequate notice is provided. C. Amount of leave which must be taken yearly. 1. 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 date of hire. 2. 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 Page 29 of 46 414 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 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. The documentation shall be made a part of the personnel file of the employee in question. The city manager may waive these leave use requirements. D. Recognized holiday occurring during annual leave. A recognized holiday occurring during an employee's annual leave shall not be counted as a day of annual leave. E. Medical certification. 1. When, because of a serious health condition of the employee or the employee's family member as defined in the FMLA and FMLA case law, the employee seeks annual leave the city reserves the right to require the employee, at employee's own expense, to obtain medical certification of the need for or duration of leave on a form provided by the city. The city may request a medical certification, in writing: a. Within two business days after the employee gives notice of the need for leave; b. Within two business days after leave commences if no prior notice was given by the employee; or c. When the city has reason to question the appropriateness of the employee's use of annual leave or the duration of annual leave being used. 2. When a medical certification is requested by the city, the employee must provide the certification within 15 calendar days unless it is not practical to do so despite good faith efforts on the part of the employee. 3. If the city questions the adequacy of a medical certification the city can, at its own expense, require a second opinion by a health care provider of its choice. If the first and second opinions conflict, the city can require, at its expense, a third opinion from a health care provider agreed to by both the city and the employee. The third opinion is binding. 4. If a medical certification is requested by the city but is not submitted by the employee within the time frame specified above, or if the medical certification does not substantiate the need for leave and/or the duration of leave taken, the employee will not be considered to be on FMLA leave and may be subject to disciplinary action for failing to receive prior approval for leave without pay. Pending receipt of the second and/or third opinion, if any, the employee is provisionally entitled to annual leave. 5. Recertification may be required. a. The city may require, at the employee's expense, recertification every thirty (30) days for pregnancy or chronic or permanent conditions under the continuing supervision of a health care provider. If the circumstances described by the previous certification have changed significantly or the city receives information that casts doubt upon the employee's stated reason for the absence in which case the city may seek recertification at the employee's expense more often. b. If the original certification states a minimum period that an absence will be required, the city may not request recertification until that period has passed unless the employee requests an extension of leave, circumstances described by the previous certification have changed significantly, or the employer receives information that casts doubt upon the continuing validity of the certification. c. The employee must provide a required recertification within 15 calendar days unless it is not practical under the circumstances to do so despite the employee's good faith efforts. Page 30 of 46 415 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 6. Fitness for duty certifications. If an employee is absent for more than three consecutive work days due to a serious health condition, a fitness-for-duty certificate completed by the employee's health care provider may be requested upon return to work. F. Death in immediate family. 1. Regular employees shall be entitled to a bereavement leave of seven (7) days for use upon the death of members of the immediate family limited to one (1)time per calendar year. 2. Leave without pay up to an additional five (5) days will be granted and may be extended with approval by the city manager. 3. 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. 3.45.045 Exceptions. Whenever, in the opinion of the city manager, it is not feasible nor in the best interest of the city service to grant leave to any employee, the employee shall not be penalized by loss of earned annual. The decision of the city manager shall govern as to the future expenditure of the leave. 3.45.050 Cash-in-lieu-of annual leave. A. 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 employee may submit such leave cash-in requests no more than twice in any given fiscal year. B. The leave use requirements as stated in § 3.45.040 are not diminished or alleviated by cash-in of annual leave. C. In documented cases of unforeseen financial emergencies, consistent with city policies of deferred compensation cash-in, the city manager may authorize the city to purchase an employee's annual leave at 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. D. Donation of annual leave to another employee will be allowed in cases of serious, unforeseen medical emergency circumstances and upon 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 employee. All guidelines set forth by the city manager shall be observed. 3.45.055 Disposition of annual leave balance upon separation. A. Upon separation during initial probation, annual leave shall not be granted nor paid to the employee. B. In other separations, the annual leave balance shall be paid in a hump sum based on the employee's regular rate of pay. 3.45.060 Reinstated employee leave. Reinstated employees hired within two years of termination, who have had at least one year of total service and who have successfully completed their probationary period in previous service, shall be permitted to use their annual leave immediately. Page 31 of 46 416 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.45.065 Military leave. 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 the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first thirty (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 (30) calendar days as administrative leave without charge to annual leave. D. The city 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 thirty (30) calendar days shall be granted a leave of absence without pay for a period terminating ninety (90) calendar days beyond termination of such active duty. 3.45.070 Jury duty leave. A. Jury duty shall be treated as administrative leave with pay from city duty without loss of longevity, leave or pay. B. Service 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. C. In order to be entitled to jury leave, the employee shall provide the department head with written proof of the requirement of the employee's presence for the hours claimed. D. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the city,except that fees paid for court duty which occurs on the employee's normal non-work days may be retained by the employee. E. 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 individual. 3.45.075 Leave without pay. A. Purpose and conditions. 1. Leave without pay may be granted to an employee upon recommendation of the department head and approval e€bE the city manager. City managger approval must be obtained prior to takinz employee-requested leave without pay. Employees without accumulated paid leave to cover absences will default to leave without pay for the scheduled hours. 2. Each request for 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 pay. 4. Normally,not more than 69 90 calendar days leave without pay may be granted for personal reasons, unless the employee is on Family Medical Leave (FMLA). Page 32 of 46 417 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 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 city. B. Notice. 1. Employees seeking leave without pay for any reason are required to request the leave at least thirty (30) days before the leave without pay is to begin, if the need for leave is foreseeable. 2. If thirty (30) days' notice is not practical, notice must be given as soon as possible under the circumstances. 3. If the employee desires to change the dates of scheduled leave without pay or extend the period of leave without pay,the employee shall notify employee's immediate supervisor as soon as possible. 4. Requests for changes or extensions of leave other than for FMLA-qualifying leave may be denied at the sole discretion of the city manager. C. Serious health condition. When, because of a serious health condition of the employee or the employee's family member as defined in the FMLA, the employee seeks leave without pay, the employee must comply with the medical certification requirements contained in section 3.45.040. D. Fitness for duty certifications. An employee who takes leave without pay for a serious health condition shall comply with the fitness for duty certifications requirements contained in section 3.40.040. 3.45.080 Change of anniversary date due to leave without pay. If an employee uses more than thirty (30) calendar days total leave without pay during the employee's leave year, the employee's anniversary and length of service dates shall be advanced by the number of days such leave without pay exceeds 30. 3.45.085 Unauthorized leave. Any absence not authorized and approved in accordance with provisions of this title shall be without pay for the period of absence and shall be grounds for disciplinary action, up to and including termination. 3.45.095 Family and medical leave. A. Generally. Family and medical leave will be provided as required by state and federal law and case law in effect at the time that the employee requests family and medical leave. Eligible employees are entitled,pursuant to state and federal law, to take FMLA leave: 1. For the birth of a child of the employee,the adoption of a child by the employee, or for the placement of a foster child with the employee; 2. To care for the employee's spouse, son, daughter, or parent with a serious health condition; 3. For a serious health condition that makes the employee unable to perform the essential functions of the employee's job; or 4. For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. B. Eligible employee. An eligible employee is one who: 1. Has worked for the city for at least 12 months. Page 33 of 46 418 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave. C. Substitution of annual leave. An eligible employee taking family and/or medical leave under state and federal law for any reason is required to substitute annual leave for such leave until all annual leave is exhausted. Once annual leave is exhausted, any remaining period of family and/or medical leave will be leave without pay. D. Calculating entitlement. State law entitles an eligible employee to take, for certain qualifying reasons up to 18 work weeks of medical leave in a 24-month period and 18 work weeks of family leave in a 12-month period. An eligible employee's FMLA leave entitlement will be calculated using a rolling entitlement period measured backward from the date the leave is used. E. Notice. When an employee is required to substitute annual leave for unpaid FMLA leave the employee shall comply with the notice requirements found in section 3.45.040. When an employee intends to use unpaid FMLA leave the employee shall comply with the notice requirements found in section 3.45.075. F. Medical certifications. When, because of a serious health condition of the employee or the employee's spouse, son, daughter, or parent, the employee (a) is required to substitute annual leave for unpaid FMLA leave, or (b) seeks to use unpaid FMLA leave, the employee must comply with the medical certification requirements contained in section 3.45.040. G. Fitness for duty certifications. An employee who takes paid or unpaid FMLA leave for a serious health condition shall comply with the fitness for duty certification requirements contained in section 3.45.040. H. Benefits during unpaid FMLA leave. While an employee is on unpaid family/medical leave, no benefits will accrue except medical insurance, which will continue to be paid as long as the employee is employed by the city. 3.45.100 Light duty. A. Li,-ht duty status provides an opportunity for an iniured city employee to temporarily work in an assi,-nment within the employees' capabilities as determined by a physician. B. Each li,-ht duty assiznment will be handled on a case-by-case basis. Chapter 3.50 Holidays 3.50.010 Recognized city holidays. The following holidays shall be recognized as holidays with pay for all regular full-time and regular part-time employees: 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 Page 34 of 46 419 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.50.015 Holiday falling on a Saturday or Sunday. A. When a recognized holiday falls on a Saturday, the Friday immediately preceding the holiday shall be considered the recognized holiday. B. When a recognized holiday falls on a Sunday, the following Monday shall be considered the recognized holiday. 3.50.017 Holiday— use of. A. Holiday falling on an employee's scheduled day off. 1. Department heads shall allow an employee to take a different day off during the same period if an employee's scheduled day off falls on a recognized holiday. 2. 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. B. Holiday —alternate date requested by employee. 1. At the discretion of the department head, the department head may permit an employee to move the recognized holiday to another day within the same pay period as the holiday. 2. 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. 3.50.020 Holiday during annual leave. A recognized city holiday which occurs during an employee's annual leave shall not be counted as a day of annual leave. 3.50.025 Holiday falling between two days of leave without pay. Employees shall forfeit their right to payment for any holiday if the employee is on leave without pay (to include injury, military, or other non-compensable leave status) or has an unexcused absence on the employee's last regularly scheduled workday before the holiday or on the employee's next regularly-scheduled workday following the holiday. 3.50.030 Computation of holiday pay. A. Full-time employees. 1. Full-time employees shall receive their regular straight time rate of pay for all recognized holidays. 2. Holiday pay hours are equal to the number of hours worked in the employee's assigned shift and shall be paid at the shift differential the employee is assigned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. B. Part-time employees. 1. A regular part-time employee shall be paid based on their position's percentage of a full- time position. 2. Holiday pay hours are equal to the number of hours worked in the employee's assigned shift and shall be paid at the shift differential the employee is assigned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. Page 35 of 46 420 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.55 Separations. 3.55.010 Resignations. A. Resignation in good standing. 1. To resign in good standing, an employee who desires to terminate employment shall give a minimum of 14 calendar days' written notice to the employee's immediate supervisor. 2. The period of notice may be reduced or waived upon recommendation of the department head and approval of the city manager for extenuating circumstances; i.e., Family Medical leave, change of residence by unexpected military orders of the employee or spouse, etc. 3. A notice of resignation shall become part of the personnel file. B. Withdrawal of resignation. An employee may withdraw a resignation only under the following conditions: 1. The withdrawal is submitted to the department head before the effective date stated in the notice of resignation; 2. The position has not been filled; and 3. The withdrawal is accepted in writing by the department head with approval of the city manager. C. Failure to give notice. Failure to give adequate notice shall be noted on the employee's separation documents and shall result in the employee to being ineligible for rehire, unless the supervisor or human resources manazer note an exception to inelizibility on the separation document which must be approved by the city manag-er. D. Effective date and annual leave balance. 1. The effective date of termination pursuant to a notice of resignation shall be the last day on which the employee works. 2. The value of an employee's annual leave balance shall be paid to the employee without undue delay with the employee's final paycheck following separation. E. There is no provision for terminal leave. 3.55.015 Layoffs. A. Example. Examples of layoffs are: 1. Abolishment of a position or shortage of work or funds; 2. Completion of seasonal work for seasonal employees; 3. End of temporary appointment because of reinstatement of regular employee returned from approved leave and transfer to another position has not been achieved. B. Reduction in force. 1. When it is necessary to reduce the number of employees because of lack of work or funds, or abolition of positions, an analysis or proposed layoffs shall consider first the type of activities curtailed by the reduction in force and the affected positions. 2. The department head concerned shall make a thorough investigation of the problem and report the department head's findings and recommendations to the city manager,who shall decide which employees shall be laid off. 3. Employee efficiency shall be the major factor in determining the order in which employees shall be released, and consideration shall then be given to employee's length of service with the city. Page 36 of 46 421 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 4. 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. 5. In the case where a regular employee who has completed the required probationary period is laid off, the city shall give the employee 45 days' notice or 45 days of severance pay. 3.55.020 Dismissal for disciplinary reasons. A. Dismissal for just cause. The city manager or a department head, upon approval of the city manager, may dismiss a regular employee for any just cause. Just cause includes, but is not limited to, the following: 1. Insubordination, including failure to comply with a supervisor's instructions and work assignments; 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. Violation of, standards relating to drugs, marijuana and alcohol; 4. Failure to comply with safety regulations; 5. Fighting or other disorderly conduct on city premises or while on city business; 6. Stealing of or unauthorized use of city tools, equipment or property; 7. Recurring absenteeism, tardiness or leaving the work site early; 8. 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; 9. Inefficiency, including waste of working time or materials; 10. Failure to conduct oneself on duty in a cooperative manner within departmental and city policies,practices and goals; 11. Exhibiting on duty conduct or behaviors which interfere with the employee's performance or the city's business, operations or image; 12. Willful violation of any personnel regulation; 13. Violations of applicable state or city laws and regulations concerning ethics and conflicts of interest; 14. Any act or omission which had or will have a material adverse effect on the business, operations or financial condition of the city; 15. Harassment of other employees or the public; 16. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from employment; or 17. Any other conduct commonly recognized by reasonable persons as justification for discipline, including dismissal. B. Progressive discipline shall be followed when practical. However, when the severity of the inappropriate conduct warrants, and it is in the best interest of the city, any of the following forms of discipline may be imposed at any time so long as such discipline is supported by just cause and the severity of the offense: the e4y f OF al ads; 0 0 0 1. Written reprimand. An immediate supervisor, department head or the city manager may issue written reprimands; Page 37 of 46 422 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. -3, Suspension without pay. Only the city manager or a department head, with approval from the city manager, may suspend an employee without pay for disciplinary reasons; 3. 4 Dismissal. Only the city manager or a department head, with approval from the city manager, may dismiss an employee for disciplinary reasons. C. If an employee's continued presence on the job prior to the date of intended disciplinary action poses a recognizable significant threat to the public health or safety or to the business, operations or image of the city, the employee may be suspended with pay immediately by the city manager or department head,with approval from the city manager, until disciplinary action is determined and administered. D. A regular employee shall be granted a pre-termination hearing before the employee's supervisor and the city human resources manager before a disciplinary measure involving possible dismissal is administered. Chapter 3.60 Special Provisions 3.60.010 Gifts and gratuities. A. Employee responsibility. 1. It shall be the responsibility of each city employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting the impartiality of the individual employee. 2. If an employee is tendered or offered a gift or gratuity which would, in the eyes of the public or public officials, be construed to be an attempt to bribe, influence or to encourage special consideration with respect to municipal operations, the offer shall be reported without delay to the employee's immediate supervisor who in turn will inform the department head. The department head shall inform the city manager. B. Doubt regarding significance. If there should be any doubt whether a gift or gratuity is of such significance as to create undue influence upon the employee, the matter shall be reported to the city manager. C. Termination. If any employee shall knowingly accept any gift or gratuity which creates undue influence or results in special consideration which benefits the giver, then, with the approval of the city manager, the employee shall be terminated from the city service. 3.60.015 Outside employment. A. Employment conflicting with city interests. 1. No employee shall engage in any other employment, whether public, private or self- employment, during scheduled work hours nor outside scheduled work hours if the employment conflicts with the city's interests or adversely affects the employee's availability and usefulness. 2. Supervisors are responsible for informing all employees under their supervision of the provisions of this language and the enforcement of it. 3. A conflict of interest shall be defined as when: a. The employee's outside employment is likely to benefit from the employee's position with the city; b. The outside employment is likely to cause the employee's performance to diminish; Page 38 of 46 423 c. The employee's city job duties involve regulating the proposed employer; d. The external employment is likely to diminish public trust that the employee can remain objective in their role as a city employee; e. Preparing financial reports subject to city audit, or review; f. For department or division heads, or supervisory positions,to serve as an officer of any union or association of city employees other than one representing the supervisory position; g. Actively participating in management of any business organization that obtains, or is attempting to obtain, funds or business from the city; h. Other employment wherein data or information to which access is provided by city employment could be used. B. Employees are required to obtain from the Human Resources Manazer an outside employment agreement form. Employees are required to obtain approval from the city manager before accepting other employment. 3.60.020 Employment of family members. A. No person may be employed in a position supervised by a family member, provided this will not prevent continued employment with the city of persons who are presently employed. B. Family members shall not be placed in a position that one member is required or authorized to review the work, personnel documents, expense account or time records of another family member. C. For the purposes of this section, a family member shall be defined as follows: spouse;parents; step-parents; brothers, sisters and their spouses; step-brothers, step-sisters and their spouses; children and their spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their spouses; stepchildren and their spouses; grand-stepchildren and their children; aunts; uncles; nieces; nephews; and persons residing in the same household as the employee. A. Prior-to tfai,eling et4side t4e e4y,t4e empleyee shall obtain appr-eval for-t4e tfip a*d the tR 3.60.025 Travel expenses. al ter-as established by the h4emal Reventie Sen,iee. 3.60.027 Training expenses. Page 39 of 46 424 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX o � expense. eellege degree is pr-ehibited- However, payment of eellege elasses w44 t4e sole intent of obtaining a q. T-h 0h.e.Fei-�Hh-4ffirsefnent r-e"ir-efnent on a ease by ease basis based 3.60.030 Moving expenses for new employees. Whenever a professionally or technically trained person changes their place of residence for the purpose of accepting employment with the city, the person shall be reimbursed for actual and necessary expenses under the following conditions: A. Moving expenses shall be approved by the city manager prior to being offered to the new employee. B. The employee must be appointed to a position of a class for which the city manager certifies that the expenditure is necessary to recruit qualified employees. C. The maximum reimbursable amount for a single employee shall be $1,600.00 and the maximum reimbursable for an employee with a family shall be $5,000.00. D. To be eligible for the total allowance for an employee, with a family, the employee's dependents must accompany or join the employee within one year of the date of appointment to city service. E. New employees who are assisted with their moving expenses shall be required to sign a transportation agreement prior to employment. The agreement shall stipulate the employee will reimburse the city for all or part of the expenditures in the event the employee voluntarily leaves city service, or is discharged for cause, within a period of two years, according to the following schedule: 100% - Less than six months; 75% - Six but less than 12 months; 50% - Twelve but less than 18 months; 25% - Eighteen but less than 24 months; 0% - Two years or more. F. New employees may not be given an advance against moving expenses without prior written approval of the city manager. G. It is the appointing authority's responsibility to ensure prospective new employees are aware of pertinent limitations of this language before a move is made. H. New employees shall be advised by the appointing authority of dollar limitations,the need for itemized receipts or invoices, the meaning of the transportation agreement and other pertinent matters prior to their move. Page 40 of 46 425 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX I. Return transportation for the employee shall be provided by city as required by state law. Return transportation for the employee's family and personal and household goods shall be the sole responsibility of the employee. 3.60.035 Take home vehieles. 3.60.040 Political activity. A. An employee, who is elected as a member of the Seward City Council or to a state or national elected political office, shall immediately resign from city employment. In this section, elected means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election. B. An employee who is a political candidate for any elected office shall not conduct political activities during work time or on city owned property. Use of city equipment to conduct any political or personal activities is strictly prohibited. 3.60.050 Firearms prohibited. A. No city employee may possess firearms of any type on any city work site or in any city vehicle with the exception of L Law enforcement officers who are required to carry weapons; and 2. Employees who, with their supervisor's permission and approval of the city mana,-er, in advance and in writinz, may reasonably have access to a weapon when workinz in a remote site where wildlife presents a personal safety risk. B. This prohibition applies to all types of firearms includinz, but not limited to, pistols and rifles, loaded or unloaded, concealed or worn visibly with or without a permit. 3.60.060 Pets in the workplace. The City of Seward prohibits brinzinz a pet to work or havinz a pet in any City of Seward controlled buildin,-s and premises, except to the extent a service animal is required by the Americans with Disabilities Act (ADA). As such, emotional support or comfort animals, rezardless of traininz or certification, are not allowed in the workplace. 3.60.070 Use of tobacco -restrictions. A. All use of tobacco, includinz smokin,-tobacco, e-cizarettes (vapin,-) and chewinz tobacco, is prohibited in all city office spaces, work sites and common areas (breakrooms, restrooms, hallways etc.) owned by the city and in any public areas shared with city offices. B. Use of tobacco is prohibited in all City vehicles includin- equipment pursuant to and consistent with Alaska Statue 18.35.301. C. Use of tobacco is permitted outside of facilities or outside of vehicles durinz desi,-nated relief or lunch breaks. All outside smokin,- must be fifty (50) feet or more from City of Seward controlled buildin,-s and premises. Page 41 of 46 426 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.65 Collective Bargaining 3.65.010 Freedom of choice. Upon the conclusion of the collective bargaining process and the approval of any such contract by the city council as provided in section 3.65.015, each city employee included within the bargaining unit shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not,then the employee shall continue to be subject to this personnel code and regulations and pay plan as they exist and may be amended or changed. Neither the city nor any city employee shall discriminate against any employee solely by reasons of that employee's exercise of this right to choose, although differences between terms and conditions of employment set forth in the city personnel code and those terms and conditions set forth in a collectively bargained agreement that result in differential treatment will not be a violation of this title. Each new employee likewise shall have the right to choose between the personnel code and any collectively bargained agreement after being offered a position, but before beginning work. 3.65.015 Submission of collective bargaining agreements to the city council. All collectively bargained agreements i-s are subject to city council approval by t4e e4y eotifleil. 3.65.018 Construction project agreements. Nothing in this code shall prevent an agreement with a labor organization relating to the construction of a public project that requires the contracting or subcontracting of work traditionally performed by employees represented by that labor organization to be performed by a signatory to a current labor agreement with that labor organization. 3.65.020 Effective dates for agreements. No agreement may require changes in wages or working conditions that are retroactive to any date prior to the date of approval by the city council. 3.65.025. Reserved. Editor's note(s)—Ord. No. 2019-009, § 3, adopted April 22, 2019, repealed § 3.65.025, which pertained to appropriate bargaining unit and derived from Ord. 540, § 3(part), 1985. Chapter 3.70 Standards Relating to Drugs and Alcohol 3.70.010 Standard policies. 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 work place. 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. Page 42 of 46 427 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 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 j ob security or promotion opportunities shall not be j eopardized 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. 3.70.015 Prescribed medications. A. Employees using prescribed medications that have side effects that may affect their performance, their safety, or the safety of others are required to notify their supervisors of the use and possible side effects. B. Supervisors may consider reassignment of duties for those employees for those days. C. Failure to report the use of such a prescribed medication with potential side effects that could affect an employee's work performance,safety,or the safety of others may result in disciplinary action. 3.70.020 Reporting convictions. Employees must, no later than five days after conviction, notify their employer of conviction(s) for criminal drug statute violations occurring in the workplace. 3.70.025 Consuming prohibited during shift breaks. A. Employees on breaks (e.g., lunch, dinner, rest breaks, etc.) are not allowed to return to their work sites for the completion of their shift if alcohol, marijuana or controlled substances are consumed during the break. B. Employees shall not receive pay for the hours during which they are not permitted to return to work for such reasons. 3.70.030 Reporting fit for work. A. Employees are required to report to their work site in a condition that will allow them to perform their required duties in a proper, safe manner. B. An employee who is temporarily incapable of performing assigned or required job duties will be released from the work site and, if appropriate, returned to the employee's residence by a fellow employee. C. Employees shall not receive pay for the hours of release. 3.70.040 Off-duty use affecting performance. Excessive use of alcohol off duty, or off-duty use or involvement with illegal drugs that affects an employee's job performance or conduct may result in disciplinary action. Page 43 of 46 428 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.75 Standards Relating to Employee Conduct 3.75.010 Sexual harassment. A. Sexual harassment is unlawful and violates cityy code. 1. No employee should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. 2. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is objectively severe and pervasive, and is not welcome and that is personally offensive, interferes with effectiveness, or creates uneasiness on the job. Such conduct,whether committed by supervisors or non-supervisory personnel, is specifically prohibited. This can include, but is not limited to, repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or that individual's appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact. B. Implied lack of cooperation. No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect that person's employment, assignment, compensation, advancements, career development, or any other condition of employment. Any such actions are subject to punishment up to and including termination. C. Employee complaints.Employees who believe they have been subjected to sexual harassment or any unwanted sexual attention should report the incident(s) to the employee's supervisor and/or the human resources manazer. • intimidation on t4e job fnttst bring this to the immediate a+tentien of eit4er-the 3. To t4e highest degree possible, allowing for-a fair-i all stieh eemplaint will 4. Employees shall fiet be r-etalia4ed against beea-use they hai,e made eemplaints of sextial eer-feetii,e Retieff will be take*. D. Employees shall not be retaliated a,-ainst because they have made complaints of sexual harassment. 3.75.15 Freedom of speech. The constitutional rights of public employees to express their personal views on proposed bond issues and ballot propositions during public meetings or in interview with news media shall not be abridged.However,any employee expressing personal view shall clearly that the statements reflect personal or professional beliefs only and do not represent the city's position. Chapter 3.80 Workers' Compensation 3.80.010 Workers' compensation. A. The city shall follow the procedures set forth in the Alaska State Workers' Compensation Act. Page 44 of 46 429 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. All iniuries must be reported to the employee's supervisor and to the human resources manaZer. A. ' , ,ti Section 2. This ordinance shall take effect 10 days after adoption. Section 3. This ordinance supersedes all policies not previously approved by the city council. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the 8th day of May, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: Page 45 of 46 430 • swir- Ordinance 2023-013 : An Ordinance of the Seward City Council, Enacting Seward City Code Section 3.50.040 Floating Holiday Documents: • Agenda Statement • Ordinance 2023-013 431 City Council Agenda Statement Meeting Date: April 24, 2023 ► To: City Council From: Vice Mayor Osenga and Council Member DeMoss Agenda Item: Ordinance 2023-013: Enacting Seward City Code Section 3.50.040 Floating Holiday Background and justification: Amending Seward City Code Section 3.50.040 is sponsored by Vice Mayor Osenga and Council Member DeMoss. The justification for this ordinance is as follows: • With the current challenges in maintaining quality workforce (nationwide) it is important to continually analyze employee benefits and pay and make adjustments to stay competitive. • Paid time off has proven to be a contributing factor in employee retention and maintain good life/work balance. • Employees need to see that they are valued and appreciated on a regular basis. An additional paid day off can contribute to this sentiment and in turn benefit the overall productivity of our city employees. City Manager Comments: • I requested information from MC Pehle, Designated Finance Director, Carmen Jackson CPA, regarding the budgetary impact of this added holiday. Mr. Pehle stated because the personnel budgets are budgeted for the full year (2080 hours), there is not an additional cost for the holiday. There may an additional cost for overtime for those who work the holiday but most likely, the hours can be absorbed in the current overtime budget. • Recognition of the observed holiday and calculation for the holiday is as provided for in Title 3 and/or the applicable union contracts. 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 legislation: $ Absorbed by the budget 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 432 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note:amounts are unaudited Unassigned Fund Balance Net position — unrestricted $ Available Unrestricted Cash Balance: $ Finance Director Signature: --� Attorne ew ✓ Yes Attorney Signature: Not applicable Comments: provided brief comments to Ms. Bower by email on Administration Recommendation e✓ Adopt Ordinance Other: 433 Sponsored by: Vice Mayor Osenga and Council Member DeMoss CITY OF SEWARD,ALASKA ORDINANCE 2023-013 An Ordinance of the Seward City Council,Enacting Seward City Code Section 3.50.040 Floating Holiday WHEREAS,this ordinance enacts a new section pertaining to Title 3 Personnel; and WHEREAS,the new section provides for one floating holiday per calendar year for each full-time employee. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 3.40 is enacted to read as follows: 3.50.040 Floating holiday. A. Each full-time employee shall have one floating holiday per year which may be scheduled with department head approval. B. A floating holiday in any calendar year not taken by December 31 will be forfeited. Section 2. This ordinance shall take effect 10 days after adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the 8th day of March, 2023. THE CITY OF SEWARD, ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 434 • swir- Ordinance 2023-014: An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Chapter 2.30 Boards and Commissions Documents: • Agenda Statement • Comments from the City Attorney • Ordinance 2023-014 • PCAB Resolution 435 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council From: Port and Commerce Advisory Board Agenda Item: Ordinance 2023-014: Amending Seward City Code Chapter 2.30 Boards and Commissions Background and justification: The purpose of this ordinance is to amend Chapter 2.30 to reflect the current roles, duties, and activities of the Port and Commerce Advisory Board. The current code language reflects past practice when the board was in its origination and current practices are incorporated here. The chapter has been amended as follows: Amended Section Page # Amendment 2.30.310 Established 1 Housekeeping change to add "and" regarding area of resident 2.30.315 1 Remove "regular" for meetings to clarify this applies to all meetings 2.30.315 1 Add "or 25% of scheduled meetings" to further requirement Add specific verbiage regarding meeting frequency and codify the 2.30.320 2 'hiatus' 2.30.325 2 Modify timing of annual report to meet operational requirements 2.30.325 2 Added "infrastructure" to the areas of recommendation to Council Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 City Government-Continue to review and update the City Code 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 Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable 436 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Unassigned Fund Balance Net position — unrestricted $ Available Unrestricted Cash Balance: $ Finance Director Signature: Attorney Review X Yes Attorney Signature: /s Kody George Other Comments: Please see attached suggested edits. Administration Recommendation Approve Ordinance This ordinance is coming from PACAB x Other: 437 Sponsored by:Port and Commerce Advisory Board Introduction:April 10,2023 Public Hearing:April 24,2023 Enactment:April 24,2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX An Ordinance Of The City Council Of The City Of Seward,Alaska,Amending Seward City Code Chapter 2.30 Boards And Commissions WHEREAS, the Port and Commerce Advisory Board desires City Council to amend Chapter 2.30 to update to current processes as part of a comprehensive review of the Seward City Code. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.30 is hereby amended to read as follows (new language is in bolded itakcs and underlined and deleted language is sue): Article 3.-Port and Commerce Advisory Board 2.30.310-Established. A. Composition. The }Port and eCommerce *Advisory 13Board of ^^a ^^^ ^ V-r^@ a iSOfy boaFdis hereby created,consisting of seven residents of the City of Seward ar�orl surrounding Commented[KG7]:I would really prefer not to use areas,and who shall be appointed by the council. and/or in an ordinance and the city code."Or"includes the 1. If there is more than one applicant for the position,the council shall appoint by ballot voting. sense of"and"(No food or drink allowed is a good common Applicants must receive at least four votes in order to be appointed. example of how n means either or both).If someone is 2. A 1i1i 1i1i really set on adding something try: 3. No officer or employee of the city may be appointed a member of the board. B. Chair and vice chair. the City of Seward or surrounding areas or both" 1. The board shall select a chair and vice chair annually. 2. The chair shall preside at all board meetings,may participate in the debate,and vote on any matter of the board. 3. In the absence of the chair,the vice chair shall exercise all the powers of the chair. Commented[KG2]:SCC is not completely consistent with its usage of spelling out vs.putting numbers in the code but the majority of other provisions seem to use this format 2.30.315-Terms of office;filling vacancies. A. Members of the}:PPOrt and 6Cmmmerce aAdvisory)3Board o-44^"a^^"""y-"^@ a4yisefy boa+4 Commented[KG3]:This is not defined anywhere and is shall be appointed for a term of three years; provided,that the terms of initial appointments too ambiguous. shall be staggered so that as nearly as possible a pro rata number of members shall be appointed Scheduled meetings for their whole three year term? for each year. Scheduled meetings for a calendar year?Scheduled B. The council may appoint any qualified person to fill a vacancy of any member of the board meetings for a year based on when the member was provided that the appointment shall be for the unexpired term of the vacancy. appointed? Remaining scheduled meetings for the year C. Following a members absence from three consecutive WgUl meetings or twenty-five percent I after a member is appointed? (25%) Or more�Of regular meetnlps-bf the board within a twelve (12) month Based on 2.30.320 the Commission has 18 meetings per ep riod,the remaining board membersshall decide whether the board member should be year so missing five meetings would hit this threshold unless the it is adding in special meetings throughout the year. Formatted:Not Strikethrough 438 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX retained or whether to regnest council appointment of a new member. Formatted:Not Strikethrough shag __.Fdod to city Commented[KG4]:The city council has the authority to D. Members shall not be paid for services on the board or participation in board activities without dismiss and appoint new members.The board can vote to prior approval of the city council. retain them but needs the Council to dismiss an appointee and appoint a new one. 3.30.317 Staff assistance to board. A. The city manager,or designee,shall: 1. Assist the board and shall be qualified by special training and experience in the field of ports,harbors,and commerce; 2. Will be the regular technical advisor of the board,but shall not have the power to vote. B. City staff shall provide a clerk to the board.The clerk shall: Commented[KG5]:2.30.318,.320 and.323 were 1. Properly advertise the meetings as required by the Alaska Open Meetings Act; changed to match the other Commission's codes that were 2. Prepare the board packet;and updated in November. 3. Attend the board meeting and keep a record of board proceedings. Formatted:Font:Italic,Underline Formatted:Font:Italic,Underline �.30.318 QnOYnm.Four members ofthe board shall constitute a quorum for the transaction ofbusiness except Formatted:Font:Bold,Italic,Underline that,in the absence ofa quorum,any number less than a quorum may adiourn the meeting to� Formatted:Font:Italic,Underline a later date. Formatted:Font:Italic,Underline Formatted:Strikethrough 2.30.320_Meetingsj Commented[KG6]:This is the format the other boards A' it use so this is a uniformity change. Regular Meetings. Regular meetings shall be held On the % It is also worth noting that this paragraph alone does not first and third Wednesday of each month, excluding June, July, and August, in the city allow for special meetings or for the Board to move,cancel, or adjust meetings(which is the reason the next were Council Chambers. added) B, Formatted:Strikethrough .Special Meetings. Special meetings may be held at the call Of the chair OY the city ---' Formatted:Font:Bold,Italic,Underline,Not manger,and at such other times as the board may determine.. Strikethrough C, Formatted:Strikethrough Meetings open to the public.All meetings and records ofthe board shall be Formatted:Strikethrough open to the public.. . - - Formatted:Font:Bold,Italic,Underline D� ieii and shall keep feeefds of ai+y aetieiis, all of whieh shall be' Formatted:Strikethrough iR+M@E1iffW!y 41 Rd :,,01,o„Tf:,.o„T A,o Gi4y 01o,4.,,,,1 Sh.,ll 13@.,,,446 F ,,F ��eeting rules Of Commented[KG7]:This isn't a requirement in the code proceedings. Meetings shall be conducted under the current edition of Robert's Rules of but is a consistency update.It also gives the board a Order,Newly Revised R'dltlOn.� standard to look to if it has questions rather than ---- ---- ---- ---- ---- ---- ---- attempting to make something up on the spot. 2,30.323-Voting. Formatted:Font:Bold,Italic,Underline A The affirmative votes ofat least a ntaiority ofthose board members present shall be required Formatted:Font:Italic,Underline for any action. Formatted:Font:Bold,Italic,Underline,Not Strikethrough 439 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. The clerk to the commission shall keen minutes of Proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record 2.30.325-Powers and duties. A. It shall be the responsibility of the pEort and sCommerce aAdvisory Board to: Formatted:Strikethrough 1. Report annually to the city council at the first last council meeting of Ae.,e*fs^a'ye Formatted:Strikethrough prior to the year end and at any other time as may be requested by the city council. The annual report shall include,at the minimum,a report on the pFi@F current year's activities, Formatted:Strikethrough and a list of the upcoming year's planned activities; Formatted:Strikethrough 2. Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy, commerce, and infrastructure throughout Seward; 3. Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest 4. Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(a4)(2)and 2.30.325(adi)(3); 5. Perform other duties as requested by the city council. B. The board shall have no authority to solicit,expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. 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 24'h day of April,2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 440 Sponsored by: Port and Commerce Advisory Board Introduction: April 24, 2023 Public Hearing: May 8, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-014 An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Chapter 2.30 Boards and Commissions WHEREAS, the Port and Commerce Advisory Board desires City Council to amend Chapter 2.30 to update to current processes as part of a comprehensive review of the Seward City Code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.30 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is Derr): Article 3. -Port and Commerce Advisory Board 2.30.310 -Established. A. Composition. The PPort and eCommerce -aAdvisory Moard is hereby created, consisting of seven residents of the City of Seward and/or surrounding areas, and who shall be appointed by the council. I. If there is more than one applicant for the position, the council shall appoint by ballot voting. 2. Applicants must receive at least four votes in order to be appointed. 3. No officer or employee of the city may be appointed a member of the board. B. Chair and vice chair. I. The board shall select a chair and vice chair annually. 2. The chair shall preside at all board meetings, may participate in the debate, and vote on any matter of the board. 3. In the absence of the chair, the vice chair shall exercise all the powers of the chair. 2.30.315 - Terms of office; filling vacancies. A. Members of thePPort and cCommerce Advisory bBoard shall be appointed for a term of three years; provided, that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year. B. The council may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. C. Following a member's absence from three consecutive r-egtlla meetings or twenty-five (25%) of scheduled meetings of the board, the remaining board members may decide whether the board member should be retained or dismissed. effibeF. Any recommendation for dismissal shall be forwarded to city council for action. 441 CITY OF SEWARD,ALASKA ORDINANCE 2023-014 D. Members shall not be paid for services on the board or participation in board activities without prior approval of the city council. 3.30.317 Staff assistance to board. A. The city manager, or designee, shall: 1. Assist the board and shall be qualified by special training and experience in the field of ports, harbors, and commerce; 2. Will be the regular technical advisor of the board, but shall not have the power to vote. B. City staff shall provide a clerk to the board. The clerk shall: 1. Properly advertise the meetings as required by the Alaska Open Meetings Act; 2. Prepare the board packet; and 3. Attend the board meeting and keep a record of board proceedings. 2.30.320 -Meetings and quorum. „plaee the boar' shake er- the r-easenable-aEcemmoda4io of the „„ lie. The port and commerce advisory board meets on the first and third Wednesday of each month excluding June, July, and Auzust in city council chambers. B. Four members of the board shall constitute a quorum for the transaction of business except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. C. The affirmative votes of at least a majority of those board members present shall be required for any action. D. The clerk to the commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. 2.30.325 -Powers and duties. A. It shall be the responsibility of the port and commerce advisory board to: 1. Report annually to the city council at the 4FA last council meeting of the new fise,' yeaf prior to the year end and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the pier current year's activities, and a list of the upcoming year's planned activities; 2. Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy, commerce, and infrastructure throughout Seward; 3. Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; 4. Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(&4)(2) and 2.30.325(aA)(3); 5. Perform other duties as requested by the city council. 442 CITY OF SEWARD,ALASKA ORDINANCE 2023-014 B. The board shall have no authority to solicit,expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. 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 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 443 r Sponsored by: PACAB CITY OF SEWARD.) ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2023-002 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE CHAPTER 2.30 BOARDS AND COMMISSIONS WHEREAS, the purpose of this ordinance is to amend Chapter 2.30 to reflect the current roles, duties, and activities of the Port and Commerce Advisory Board; and WHEREAS, the current code language reflects past practice when the board was in its origination and current practices are incorporated here. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITYOF SEWARD, ALASKA that: Section 1. PACAB recommends City Council approval of the attached ordinance amending Seward City Code Chapter 2.30 Boards and Commissions. Section 2. 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 March, 2023. THE CITY OF SE RD, ALASKA Paquette, V' e Chair AYES: Woelkers, Atwood, Hughes, Smith, Paquette NOES: None ABSENT: Jaffa ABSTAIN: None VACANT : One ���iu►�+ra��r a E ,`% ATTEST: Z. R4'0, q`j• ' ems ✓�." 1 !/ / a 'f� �• ��°' MCI V r Kris Peck ® SEAS • _ —.-- Deputy City Clerk °• ��, ,� •' (City Seal) `. �' °•.'v i`�..•'� °f OF rt<#s alW% 444 • swir- Resolution 2023-050: Amending the Harmon Developer Reimbursement Program Application from the "reimbursement method" to the ""assessment district method" and appropriating $161,565, the other half of the estimated cost of improvements. Documents: • Agenda Statement • Resolution 2023-050 • Resolution 2022-102 • Assessment Roll 445 City Council Agenda Statement Meeting Date: May 8, 2023 t! To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Subject: Resolution 2023-050: Amending the Harmon Developer Reimbursement Program Application from the"reimbursement method"to the"assessment district method"and appropriating $161,565, the other half of the estimated cost of improvements. Background and justification: Mr. Harmon has requested to change methods for his participation in the DRP program from the "reimbursement method"to the "assessment district method". The reimbursement method is where the developer pays all of the costs up front and then turns in the receipts to the city and is then reimbursed for half of those receipts. With this method, half of the amount of the total improvement cost is appropriated. The assessment district method is where the city pays for the costs up front, and the lots are then assessed for half and paid back through the assessment process. With this DRP method, the full amount of the improvement cost is appropriated. On September 12th, the City Council approved Resolution 2022-102, approving the Harmon Developer Reimbursement Application for the Harmon Subdivision. The total estimated amount for the improvement is $323,130. Half of that amount, $161,565, was appropriated during the original approval of the application. This resolution will amend his application, appropriate the other half of the improvements, and prepare things for the assessment district to be set up when the utility installation is completed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.3.1.1, 3.3.1.2, 3.3.1.3 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ $161,565 This legislation (✓): 446 Creates revenue in the amount of: $ X Creates expenditure in amount of: $ $161,565 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): $6,800 80071-0000-8101 DRP Fund, $73,015 17100-0000-8101 X Not budgeted And $87,750 18100-0000-8101 Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Water/sewer ARPA X funds and DRP Note: amounts are unaudited Fund Balance/Net position — restricted $ 2,531,585 Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: $ 2,023,220 Finance Director Signature: Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Resolution Other: 447 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-050 A Resolution Of The City Council Of The City Of Seward, Alaska, Amending The Harmon Developer Reimbursement Program Application From The "Reimbursement Method" To The "Assessment District Method"And Appropriating $161,565, The Other Half Of The Estimated Cost Of Improvements WHEREAS, on September 12, 2022, the City Council passed Resolution 2022-102, approving the Harmon Developer Reimbursement Application for the Harmon Utility Improvement District; and WHEREAS, Mr. Harmon has requested that the method be changed from the "reimbursement method" to the"assessment district method"; and WHEREAS, the City Manager recommends the approval of the request and the appropriation of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Harmon Utility Improvement District DRP Application be amended from the "Reimbursement Method" to the "Assessment District Method". Section 2.Funding in the amount of$161,565,the other half of the total improvement cost, is hereby appropriated as $6,800 from the 80071-0000-8101 Developer and Incentive and Reimbursement Fund, $73,015 from the 17100-0000-8101 Water fund ARPA and $81,750 from the 18100-0000-8101 Sewer Fund ARPA for a grand total of$161,565. Section 3. This resolution shall take effect ten days following approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this May 8, 2023. THE CITY OF SEWARD, ALASKA Sue McClure,Mayor 448 Resolution 2022-102 Harmon Developer Reimbursement Documents: • Agenda Statement • Resolution 2022-102 • Attachments: o DRP Application o City Clerk Completion Letter o Cost / Payment Breakdown o Prelim Plat Survey o Estimate — Engineering Water o Estimate — Engineering Sewer o Estimate — Water / Sewer o Surveying Invoices 590 City Council Agenda Statement Meeting Date: September 12, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Resolution 2022-102: Accepting the City Manager's Recommendation to Approve the Harmon Construction Developer Incentive and Reimbursement Program Application with 50% Reimbursement of the Costs for Water, Sewer, and Electrical Improvements, in an Estimated Amount of $161,565, and Appropriating Funds Background and justification: On July 25, 2022, the City Clerk received a complete Developer Reimbursement Application from Harmon Construction to extend utility services for Forest Acres Sub Lots BT, BB, BP (Lots B1, B2, B3, B4, B5, B6). All properties above are owned by Mr. Harmon. The total estimated costs of the improvements are $323,130. The City Manager recommends: ➢ City council approval of reimbursement 50% of the costs related to installation of public utilities; ➢ After the project is completed, the actual costs will be calculated and Harmon Construction be reimbursed 50% of the actual costs. The Manager's decision is based on: ➢ Seward Municipal Code 5.22.010 —this project meets the code language's intent to increase installation of public utilities and property development with city boundaries. This project will extend utility services to 6 properties. ➢ Seward Municipal Code 5.22.035 B., - Mr. Harmon will follow this code provision and will privately finance the utility extension under the code terms. ➢ Seward Municipal Code 5, 22.075 A., - Mr. Harmon completed and filed the required application for reimbursement. ➢ Seward Municipal Code 5. 22.075 B., — the filing fee paid in full. ➢ Seward Municipal Code 5. 22.075 C., subsection (c) — the applicant is complete. Harmon Construction will pay all costs of the utility expansion up front and when the project is complete, will provide receipts to the city for reimbursement of half of the eligible utility improvements. The 50% reimbursement will occur at this time. Due to this process, an assessment district is not required. SCC 5.22.035 (B) states: 1. Extensions may be completed by a private developer who privately finances the utility extension under the terms of an agreement with the City. 2. The agreement with the City may provide for reimbursement to the developer for up to 50 percent of the costs of installing the utility extensions on undeveloped land. 3. A developer is not eligible for reimbursement until the extension has been completed. 59q The Community Development, Public Works, and Electric Departments, have reviewed and provided cost estimates to furnish water, sewer, and electric service to the area. The city will be using ARPA Funds to pay for the water and sewer expenses and the DRP Funds to pay for the remaining eligible expenses. Estimated Costs Totals Account Paid From DRP ARPA Engineering Water $ 7,030.00 $ 3,515.00 Engineering Sewer $ 10 000.00 $ 5,000.00 Water Install $ 139 000.00 $ 69 500.00 Sewer Install $ 153 500.00 $ 76 750.00 Electric $ 10 185.00 $ 5,092.50 Survey $ 3,415.00 $ 1,707.50 Totals $ 323 130.00 $ 6,800.00 $ 154 765.00 DRP 80071-0000-8101 $ 6,800.00 ARPA- Water 17100-0000-8101 $ 73 015.00 ARPA-Sewer 18100-0000-8101 $ 81,750.00 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.3.1: 3.3.1.1, 3.3.1.2, 3.3.1.3 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 161,565 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ $161,565 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): $6,800 800071-0000-8101 DRP Fund x Not budgeted $73,015 17100-0000-8101 and $81,750 18100-0000-8101 Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool x Other Available water/sewer ARPA funds: $ 577,195.00 x Other Available DRP funds: $ 923,814.90 Unassigned Fund Balance*: $ n/a *unaudited numbers Available Unrestricted Cash Balance*: $ n/a Finance Director Signature: 592 Attorney Review RYes Attorney Signature: X Not applicable Comments: Administration Recommendation eAdopt Resolution Other: 593 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-102 A Resolution of the City Council of the City of Seward, Alaska, Accepting the City Manager's Recommendation to Approve the Harmon Construction Developer Incentive and Reimbursement Program Application with 50% Reimbursement of the Water, Sewer, and Electrical Improvements, in an Estimated Amount of$161,565, and Appropriating Funds WHEREAS, on July 24 2022, the City Clerk received a Developer Incentive and Reimbursement Application requesting reimbursement for half the eligible costs to extend utility services to the Harmon Subdivision of 6 lots; and WHEREAS, the Harmon Subdivision is located inside City limits in the Forest Acres Subdivision; and WHEREAS, the departments of Community Development, Public Works, and Electric reviewed the request and provided cost estimates to furnish water, sewer, and electric service to the area; and WHEREAS, total estimated cost for the utility improvements is estimated at, $323,130.00; and WHEREAS, after the project is completed, the actual costs will be calculated to determine the final costs; and WHEREAS,the City Manager recommends the developer be reimbursed 50%of the costs related to installation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The special utility improvement district, referred hereto as the Harmon Utility Improvement District, will include the following area: Forest Acres Sub Lots BT, BB, BP (Lots B 1, B2, B3, B4, B5, 136). Section 2. The City Council hereby accepts the City Manager's recommendation to approve the reimbursement of 50% of the costs related to the installation of public utilities and is hereby authorized to proceed with the design and construction of the Harmon Utility Improvement District. Section 3. The City Manager is hereby authorized and directed to keep account of all the costs and improvements, including acquisitions of interests in land for the improvements, including design, engineering, administration, overhead, professional services, guaranteed 594 CITY OF SEWARD, ALASKA RESOLUTION 2021-102 fund, bond, or loan costs and interest incurred as a result of the improvements, and all other costs resulting from the construction of the improvements. Section 4. Funding in the amount of $6,800 is hereby appropriated from the 80071- 0000-8101 Developer and Incentive and Reimbursement Fund, $73,015 from the 17100- 0000-8101 Water fund ARPA and $81,750 from the 18100-0000-8101 Sewer Fund ARPA for a grand total of$151,565.00 Section 5. After the project is completed, the actual costs will be calculated to determine the final reimbursement amount, through a subsequent resolution adopted by the City Council. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of September, 2022. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) City of Seward Special Assessment Roll For the Improvement District Known as the Harmon Utility District Legal Description Physical Address New Lots Owner of Record Mailing Address Assessment T 1 N R 1W SEC 34 SEWARD MERIDIAN SW 0000017 Forest Acres Sub Lot BT 2403 Maple Street B1 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 B2 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 T 1 N R 1W SEC 34 SEWARD MERIDIAN SW 0000017 Forest Acres Sub Lot BB 2409 Maple Street B3 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 B4 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 T 1 N R 1W SEC 34 SEWARD MERIDIAN SW 0000017 Forest Acres Sub Lot BP 2415 Maple Street B5 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 B6 Lawrence Harmon PO Box 1650,Seward,AK 99664 $53,855.00 Total Assessment $323,130.00 455 Memorandum Date: May 8, 2023 To: City Council From: Brenda Ballou, City Clerk RE: Appointing PACAB Member with an Extended Term BACKGROUND & JUSTIFICATION: Terms for Port& Commerce Advisory Board (PACAB) members expire at the end of July (on a pro rata basis). Board members serve three-year terms. There is currently one seat available with a term to expire at the end of July, 2023. PACAB goes on hiatus each year during the months of June, July, and August. CONSIDERATIONS: Because the term for the current vacancy will expire in just a couple of months, if the vacancy is filled tonight for the current term (July, 2023), the person appointed tonight would be required to complete a new application to be re-appointed in order to carry out the next full term. Under the circumstances, I request that council consider intentionally extending the term of tonight's appointment to expire July, 2026. Note: There will be two other seats that expire in July, 2023 and council will see those applications come forward on July 24, 2023 for consideration. RECOMMENDATION: Council fill the vacancy on PACAB tonight and determine if the term will expire July, 2023 OR July, 2026. 456 c �Cf��SO O ! ,� 6� PORT AND COMMERCE ADVISORY BOARD (PACAB) APPLICATION NAME:._._. ILe- STREET ADDRESS: e-r ! yx MAILING ADDRESS:,_-i�,?C �C'��.�� nU L[ HOME TELEPHONE: �'O31' S��`Z-BUSINESS PHONE: SCMr EMAIL: G.p �� t�eCC�^'�• C(i6'�1 LENGTH OF RESIDENCY IN THE SEWARD- AREA: PRESENTLY EMPLOYED AS: List any special training, education or background you have which may help you as a member of the Board: t LLJ L\-) L of�e( fj Have you ever been involved in port operations? If so, briefl describe your involvement: ©N J .ke-x �� �, �r --2 I am specifically interested in serving on the Port and Comm ce Advisory Board because: Have you ever served on a similar board elsewhere? Yes or(!Q If yes, where? When? Are you available for meetings at noon(second Wednesday of each month)? Yes r No If appointed, are you willin> to travel occasionally)? (A)Or o SIGNATURE DATE 457 23 May 2023 May a Th June e Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 30 May 1 2 3 4 5 6 2:OOpm PACAB Special Municipal 12:OOpm PACAB Ad Hoc Com Election Mtg Mtg(Funding 7:OOpm Heat Loop Rescheduled- Project- P&Z Meeting Gateway Hotel (Rescheduled Event Center) to May 9) 7 8 9 10 11 12 13 5:30pm CC Spc 7:OOpm P&Z Mtg 6:OOpm HPC Mtg-DRIP (Rescheduled Work Session 7:OOpm CC Mtg from May 2) (Rescheduled (Council from April 13) Chambers) 7:OOpm HPC Mtg (Rescheduled from April 13) 14 15 16 17 18 19 20 6:OOpm 12:OOpm PACAB Rescheduled P&Z Work Session (Rescheduled to May 23) 21 22 23 24 25 26 27 S:OOpm CC WS 6:OOpm P&Z Joint Mtg Work Session (Joint (Rescheduled w/Boards& from May 16) Commissions) 7:OOpm CC Mtg (Chambers) 28 29 30 31 Jun 1 2 3 Holiday- Memorial Day Council Calendar 1 5/4/2023 3:54 PM 458 23 June 2023 June e Th July e Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 1 2 3 1 4 5 6 7 8 910 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 28 29 30 31 Jun 1 2 3 4 5 6 7 8 9 10 7:OOpm P&Z Meeting 11 12 13 14 15 16 17 7:OOpm CC Mtg (Council Chambers) 18 19 20 21 22 23 24 6:OOpm P&Z Work Session (Council Chambers) 25 26 27 28 29 30 Jul 1 7:OOpm CC Mtg (Chambers) Council Calendar 2 5/4/2023 3:54 PM 459 July 202 July August 2023 SuMo TuWa Th Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 25 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 Holiday- Independence Day 9 10 11 12 13 14 15 7:OOpm CC Mtg 7:OOpm P&Z (Council Meeting Chambers) 16 17 18 19 20 21 22 6:OOpm P&Z Work Session (Council Chambers) 23 24 25 26 27 28 29 7:OOpm CC Mtg (Chambers) 30 31 Aug 1 2 3 4 5 Council Calendar 3 5/4/2023 3:54 PM 460