HomeMy WebLinkAbout06222009 City Council PacketSeward City Council
Agenda Packet
June 22, 2009
City Council Chambers Beginning at 7:00 p.m.
Celebrate solstice by fishing in the Halibut llerby.
i9rs I9~s zoos The City of Seward, Alaska ~~ ~°
CITY COUNCIL MEETING AGENDA
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{Please silence all cellular phones and pagers during the meeting} ~ ~~~r°
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Note NEW time!
June 22, 2009 7:00 p.m. Council Chambers
1. CALL TO ORDER
Clark Corbridge 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2009 4. CITIZENS' COMMENTS ON ANY SUBJECT F,XCEPT
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING.
Willard E. Dunham [Those who have. signed in will be given the _ftrst opportunity to
Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total
Tenn Expires 2010 time for this agenda item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA
Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by
Council Member asterisk (*). Consent Agenda items are not considered separately
Tenn Expires 2009 unless a council member so requests. In the event of such a request,
the item is returned to the Regular Agenda)
Tom Smith
Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Term Expires 2009
A. Proclamations and Awards
Betsy Kellar 1. Park & Recreation Month Proclamation ....................Pg. 3
Council Member 2. Alaska State Flag Day Proclamation ...................... Pg. 5
Term Expires 2009 B. Borough Assembly Report
C. City Manager's Report
Jean Bardarson D. Chamber of Commerce Report
Council Member E. Other Reports, Announcements and presentations.
Tenn Expires 2010 1. Audit presentation by Mikunda Cottrell
2. Introduction of the new hospital administrator Chris Bolton.
Marianna Keil 3. Wellness for all initiative Report by Patty Beals.
Council Member
Tenn Expires 2010 7. PUBLIC HEARINGS -None
8. UNFINISHED BUSINESS -None
Phillip Oates
City Manager
Jean Lewis
City Clerk
Cheryl Brooking
City Attorney
City of Seward, Alaska Council Agenda
June 22, 2009 Page 1
9. NEW BUSINESS
A. Resolutions
1. Resolution 2009-049, Authorizing The City Manager To Amend And Extend The
Maintenance And Operating Agreement With Seward Ship's Drydock, Tnc. Through
September 30, 2010 ................................................................................Pg. 6
*2. Resolution 2009-050, Authorizing The Discharge Of Fireworks By The Chamber Of
Commerce During The 2009 Independence Day Celebration ..............................Pg. 13
*3. Resolution 2009-051 Accepting A Grant From The State Homeland Security Grant
Program In The Amount Of $350,000 For The Purpose Of Expanding And Updating
Infrastructure Security Cameras ................................................................Pg. 15
*4. Resolution 2009-052, Authorizing A One Year Contract For $449,472.00 With The
State Of Alaska, Department Of Con•ections, To Provide For Operating The Seward
Conununity Jail And Housing Prisoners Charged And/Or Sentenced Under Alaska Statutes.
......................................................................................................Pg. 17
5. Resolution 2009-053 Providing For The Submission To The Qualified Voters Of
The City Of Seward The Question Of The Issuance Of Not To Exceed $5,000,000 In
General Obligation Bonds Of The City To Finance All Or A Portion Of The Construction
Of A Combined Library/Museum Capital Improvement Project ...........................Pg. 33
6. Resolution 2009-054 Providing For The Submission To The Qualified Voters Of
The City Of Seward, An Advisory Question On Whether To Increase The Sales Tax Rate
By 0.5% As Needed To Fund Operating And Capital Costs Of A New Library/Museum,
Understanding That Sales Tax Revenues Cannot Be Dedicated For A Specific
Purpose ................................................................................. ......... Pg. 41
B. Other Ne~v Business Items
*l. Appoint Monica Hinders to the Historic Preservation Commission with a term to
expire May 2012 ........................................................................Pg. 46
*2. Approval Of The June 8, 2009 Regular City Council Meeting Minutes......... Pg. 47
3. Schedule a work session on the evaluation procedures.
10. INFORMATIONAL ITEMS AND REPORTS (Nn action required)
11. COUNCIL COMMENTS
12. CITIZENS' COMMENTS [S minutes per individual -Each individual has one
opportunity to speak.)
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITI7ENS' COMMENTS
14. ADJOURNMENT
Catty of Deward, Ataska
June 22, 2009 Council Agenda
Page 2
]ULY IS RECREATION
AND PARKS MONTH
WHEREAS, physical recreation and meaningful leisure experience
contribute to physical and mental well-being as well as the
overall quality of life; and
WHEREAS, community recreation and leisure opportunities create
socially beneficial connections between and among
individuals, groups, and communities; and
WHEREAS, parks and recreations services provide preventive health
benefits, support more productive workforces, enhance
the desirability of locations for business and families, and
stimulate tourism revenues to increase a total community
economic development model; and
WHEREAS, the provision and preservation of parks and open spaces
are both an investment and insurance plan for our
collective quality of life;
NOW, THEREFORE, BE IT RESOLVED THAT JULY HAS BEEN
DESIGNATED AS RECREATION AND PARKS MONTH by the National
Recreation and Park Association; and
BE IT FURTHER RESOLVED THAT all citizens of this great city join in
this nationwide celebration bringing recognition to all the benefits derived
from quality public and private recreation and park resources at the local
level.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska,
this 22nd day of June, 2009.
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
~- 3
Agenda Statement
Meeting Date: July 9, 2007
From: Karin Sturdy, Parks & Recreation Director
Through: Phillip Oates, City Manager
Agenda Item: July is National Recreation & Parks Month
The National Recreation and Parks Association (NRPA) has accepted the responsibility of recognizing
the creativity, time and effort which professionals and volunteers provide each day to serve community
members. Parks and recreation events and programs have proven to help resolve some of today's most
pressing social issues. NRPA is engaged is shining the spotlight on the benefits of parks and recreation
through a national awareness campaign: "July is National Recreation & Parks Month."
July is the month to recognize that the efforts which professionals contribute each day go beyond
simple "fun and games." Today our work is as diverse as crisis counseling, computer training and
skate park court construction or park design, with many unique tasks and programs in between.
We appreciate this opportunity to sincerely thank our Seward Parks & Recreation Department team,
community leaders and partners, volunteer coaches, business sponsors, and the many, many
volunteers. We congratulate them on a job well done and challenge them to keep up the good work.
This July in Seward, community members and visitors can look for these events, programs, activities
and parks to celebrate recreation and parks locally:
Adult Coed Softball Leagues
Pet Parade
Soccer Play League
TYC Summer Day Camps
Adopt-A-Park Program
Hike the Two Lakes Trail, bike the National Historic Iditarod Trail, volunteer in the cemetery, fish
Resurrection Bay, feed the ducks at Benny Benson Memorial Park, enjoy the view from the Obihiro
Gazebo, grind in the Skate Park, play some tennis or outdoor hoops, barbecue, fish at First Lake, climb
Mt. Marathon, enjoy Seward...
...And - on those rare rainy days -remember our indoor programs: Indoor Park, roller skating, Summer
Day Camps, weight room, racquetball, sauna, basketball, volleyball and Resurrection Readers Book
Group or volunteer on any number of historic preservation projects.
Seward Parks & Recreation: Mountains of Recreation
The future is fantastic!
~- 4
Letter to the Editor
July 1, 2009
Dear Editor,
July is National Parks and Recreation Month. Unlike earlier July celebrations, there's no
parade or fireworks to commemorate the occasion. However, everyone in Seward
(whether they know it or not) gets to celebrate the benefits of parks and recreation each
and every day --just by driving past Resurrection Bay or Mt. Alice, hiking on trails,
cooling off at the high school pool or First Lake, playing ball, walking or biking on trails
and paths, or picnicking at a favorite spot.
But parks and recreation is really about the people behind the parks and programs. An
army of volunteers who serve you and your children in countless ways supports our
professional staff. These generous men and women, boys and girls, do everything from
pick up trash from our parks to help teach kids to shoot baskets. They are the unsung
heroes who coach our kids' teams, help them meet new friends, explore their creativity
and feel goad about themselves.
On behalf of the entire department we pay tribute to our volunteers who contribute more
than 1,000 hours to our city in sports alone! Their tireless work saves our economy
more than 18,770.00 dollars every year. Together, park and recreation staff and
volunteers ensure that Seward is, indeed, a wonderful place to live, work and play ...
today and for generations to come. We salute you all!
With gratitude,
Karin Sturdy, Director
Seward Parks & Recreation Department
City of Seward, Alaska
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* PROCLAMATION
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WHEREAS, in 1926 the Alaska Department of the American Legion sponsored a
71~- contest for students from grades seven through twelve to design an Alaska flag; and *-
WHEREAS, Benny Benson, a 13 year old resident of the Jesse Lee Home in ,~
*. Seward won the contest with his design of eight gold stars on a field of blue, representing ,*
the Big Dipper and the North Star; and
WHEREAS, the Alaska Legislature adopted Benson's design as the official flag 7k
of the Territory of Alaska on May 2, 1927; and
~- WHEREAS, AS 44.12.070. established July 9 of each year as Alaska Flag Day
to honor the creation of the design of the off cial flag of the state by Benny Benson and its *-
.* importance as a symbol of the state; and
NOW THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, Alaska,
do hereby proclaim and recognize Monday, July 9, 2009 as
'~' *.
* ALASKA FLAG DAY
~ ~
~ ~
Dated this 22"d day of June, 2009.
THE CITY OF SEWARD, ALASKA
7k 7k
Clark Corbridge, Mayor
7~C 7k'
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND AND
EXTEND THE MAINTENANCE AND OPERATING AGREEMENT WITH
SEWARD SHIP'S DI2YDOCK, INC. THROUGH SEPTEMBER 30, 2010
WHEREAS, the current Maintenance and Operating Agreement ("Agreement") between
Seward Ship's Drydock and the City of Seward for the Shiplift Facility is set to expire June 30,
2009; and
WHEREAS, due to the economic value of this industry to the community of Seward and the
necessary service this business provides to the marine industry, the City wishes to keep the facility
open; and
WHEREAS, the City of Seward considers Seward Ship's Drydock, Inc. to be in default of
the Agreement; and
WHEREAS, the City agrees to allow additional time for Seward Ship's Drydock to apply the
protective coating of the pipe piling and the cofferdam cells in the splash zone as outlined in Exhibit
A of the Agreement describing deferred maintenance obligations; and
WHEREAS, Seward Ship's Drydock requested a change in the company required to conduct
annual inspections of the Synerolift; and
WHEREAS, inconsideration for the amendments, Seward Ship's Drydock will use its best
efforts to improve the condition of the City's Shiplift Facility; and
WHEREAS, a thorough review of the Maintenance & Operating Agreement shall be
completed during the next 15 months to evaluate the compliance of Seward Ship's Drydock with the
terms outlined in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Subject to Section 3 below, the City Manager is authorized and directed to sign,
on behalf of the City of Seward, a Sixth Amendment to the Maintenance and Operating Agreement
in the form presented at this meeting, with the Seward Ship's Drydock, Inc. to extend the term for a
period from July 1, 2009 to September 30, 2010 for the purposes of allowing the Operator to cure all
defaults and to amend Section 3.04 to change the inspecting agency from NEI Syncrolift, Inc. to
Pearlson Shiplift Corporation responsible for certain annual inspections.
CITY OF SEWARD, ALASKA
RESOLUTION 2009-049
Section 2. The Amendment to the Agreement is not intended to waive any rights of the City
as owner of the Shiplift Facility as described in the Agreement.
Section 3. Compliance by Seward Ship's Drydock with all provisions of the Maintenance
and Operating Agreement by September 30, 2010 will generate a fu115-year term for a subsequent
Maintenance and Operating Agreement from that date forward. The City Manager is authorized to
negotiate a five year agreement in accordance with this Section.
Section 4. This resolution supersedes the council motion passed on March 10, 2009.
Section 5. This resolution shall take effect immediately after adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd
day of June, 2009.
THE CITY OF SEWARD ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, City Clerk
COUNCIL AGENDA STATEMENT
Meeting Date:
Through:
From:
Jutte 22, 2009
Phillip Oates, City Manager
Kari Anderson, Harbormaster
Subject: Seward Ship's Drydock Maintenance & Operating Agreement Extension
BACKGROUND & JUSTIFICATION
The City of Seward has long pursued the development of the Seward Marine Industrial Center, and has expended over $40
million hi construction of improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and
related rails, dock, and breakwater. An initial agreement was signed between the City and the Operator (Seward Ship's
Drydock, Inc.) on Apri125, 1995 relating to the Shiplift Premises regarding Maintenance and Operating standards. A second
Maintenance and Operating Agreement was signed again on March 30, 2000, and extended in 2005. This al;~eement is set to
expire June 30, 2009.
The Seward City Council went into Executive Session on Tuesday, March 10, 2009 to discuss possible litigation with
Seward Ship's Drydock in regards to their Maintenance and Operating Agreement. Council came out of executive session
and made the following motion which was approved by unanimous consent:
"Instruct the City Manager regarding possible litigation with Seward Ship's Drydock in regards to their maintenance and
operating (M&O) agreement. The City Council finds them in default of the M&O agreement. We authorize the city manager
to list the discussed defects and conditions, in whatever detail he deems appropriate. If defects that have been discussed are
corrected, the council is willing to discuss negotiation of a successor M&O agreement. If conditions, requirements and
deadlines as set out by the city manager fail to be met, council will proceed to terminate the M&O agreement because of
default. Within 30 days thereafter, the council will act to terminate their ground lease."
On June 1, 2009 the Seward City Council went into Executive Session again to discuss possible litigation with Seward
Ship's Drydock. Council announced that they had given direction to the City Manager on how to proceed with Seward
Ship's Drydock in regards to their Maintenance and Operating Agreement. The City Manager has discussed the status of the
splash zone coating on the piling and the cofferdam cells and the need for this area to be coated by Seward Ship's Drydock
to avoid further corrosion. A 15 month extension gives Seward Ship's Drydock time to determine the best course of action
and to complete this coating project in accordance with the Maintenance and Operating Agreement. The coatings will be
applied by Seward Ship's Drydock on or before September 30, 2010. If Seward Ship's Drydock completes this coating
project, the Maintenance and Operating Agreement may be extended beyond September 30, 2010 subject to Council
approval.
The Sixth Amendment to the Maintenance and Operating Agreement will extend the term, as described above, and will also
amend Section 3.04 to name Pearlson Shiplift Corporation for providing annual inspections in place ofNEI Syncrolift, Inc.
CONSISTENCY CHECKLIST Yes No NSA
1. Comprehensive Plan X
Economic Development...
2. Strategic Plan X
8
Economic Base...
FISCAL NOTE
Section 3.06 of the Maintenance and Operating Agreement states "Prior to the beginning of each Fiscal Yeaz, Operator shall
prepare and file with the city an operating plan for the ensuing Fiscal Year. The operating plan shall include an estimate of
expenses and a schedule of repairs and maintenance of the Deferred Maintenance to be performed during the Fiscal Year."
Section 3.08 of the Maintenance and Operating Agreement states "With each annual operating plan submitted to City,
Operator shall propose rates and charges for use of the Shiplift Facility. Such rates and charges shall not discriminate among
users of a class of service or among different classes of service. Rates and charges do not discriminate among classes of
service if they are reasonably related to the cost of providing each class of service, allocated according to Generally
Accepted Accounting Principles. City shall adopt rates and charges proposed by Operator that conform to the standards in
this section." No changes to current rates and charges have been proposed by the Operator.
Finance Department
ATTORNEY REVIEW Yes
RECOMMENDATION
Council approve Resolution 2009-~ authorizing the City Manager to enter into the Sixth Amendment to the
Maintenance and Operating Agreement with Seward Ship's Drydock, Inc.
9
SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT
WITH SEWARD SHIP'S llRYDOCK
The Maintenance and Operating Agreement effective March 30, 2000, as amended
October 26, 2001 (the "Agreement") was entered into between the City of Seward, Alaska, an
Alaska municipal corporation ("City") whose address is P.O. Box 167, Seward, Alaska 99664
and Seward Ship's Drydock, Inc. ("Operator") whose address is P.O. Box 944, Seward, Alaska
99664.
WHEREAS, the Operator agreed to maintain and operate the City's Shiplift faci]ity since
1995, consisting generally of a Syncrolift Shiplift System, Ship Transfer System, dock, and
certain related rail systems (the "Shiplift Facility"); and
WHEREAS, the term of the Agreement was extended to June 30, 2009; and
WHEREAS, on December 9, 2008 the City issued a Notice of Default to the Operator;
and
WHEREAS, the Operator and the City have entered into a Lease Agreement dated April
1995, as amended ("Lease"), to operate a vessel repair and construction facility; and
WHEREAS, the Section 7.06 of the Lease allows the Operator to renew the Operating
Agreement if the Operator gives the City written notice of the exercise of its option to renew no
later than 180 days before termination of the Agreement, if the Lease term has not expired, and if
the Operator is not in default under the Lease at the time the option is exercised; and
WHEREAS, on December 29, 2008 the City received a written notice of the Operator's
intent to exercise its option to renew the Agreement; and
WHEREAS, the City and the Operator agree that Pearlson Shiplift Corporation can
conduct inspections previously done by NEI Syncrolift, Inc.; and
NOW THEREFORF,, the parties agree as follows:
Section 1. Section 3.04 is deleted in its entirety and replaced with the following
(a) Operator shall at all times maintain, preserve and keep, or cause to be
maintained, preserved and kept, the Shiplift Facility and all additions and
betterments thereto and extensions thereof and every part and parcel thereof in
good repair, working order and condition and will from time to time make or
cause to be made all necessary and proper repairs, renewals and replacements
thereto and may from time to time make or cause to be made extensions and
betterments thereto, and Operator will at all times operate or cause to be operated
the Shiplift Facility in a safe and efficient manner in accordance with the
manufacturer's instructions for operation, and at a reasonable cost. Operator will
S1XTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH
SEWARD SHIP'S DRYDOCK, INC.
Tune 2009
Page 1 of 3
~~
comply with all terms and conditions of all licenses and permits which are of
material importance to the operation of the Shiplift Facility.
(b) Operator shall at a minimum perform maintenance of the Shiplift Facility
in accordance with a maintenance schedule prepared by City and Operator and
attached as Exhibit E hereto. This schedule will provide for maintenance in
accordance with the recommendations of Pearlson Shiplift Corporation and its
successors, and shall be kept in conformance with the maintenance
recommendations of Pearlson Shiplift Corporation. This schedule will also
provide for major renewals and replacements to the Shiplift Facility, which shall
be modified from time to time in accordance with the recommendations of
Lloyd's Registry of Shipping.
(c) Operator shall permit the Shiplift Facility to be operated only by persons
that Operator determines to be qualified, competent and otherwise fit to perform
their assigned duties in the operation of the Shiplift Facility. Operator shall
maintain on file with City a current list of all persons that it has assigned to
operate the Shiplift Facility, including the duties with respect to such operation
that it has assigned to each such person. Formal training is the responsibility of
Operator and can be obtained from Pearlson Shiplift Corporation.
(d) Operator shall provide to City each week a schedule of Shiplift Facility
operations during the following week. City may contact Operator by telephone
for a list of any changes to a weekly schedule. Agents of City may enter the
Shiplift Facility at any time to inspect the Shiplift Facility or observe its
operation. if City observes the Shiplift Facility being operated in an unsafe
manner or in a manner that does not conform to the manufacturer's instructions
for operation, City may order Operator to cease operating the Shiplift Facility
until the problem has been corrected.
(e) Operator shall, at its own expense, schedule annual inspections of the
Shiplift Facility by Pearlson Shiplift Corporation, Lloyd's Register of Shipping
and such specialty consultants as may be required by Pearlson Shiplift
Corporation or Lloyd's Register of Shipping, and promptly provide to City a copy
of the report of each such inspection.
(f) Operator shall maintain hours of Shiplift Facility operation, and
procedures for Shiplift Facility operation, that in the judgment of the City
reasonably accommodate all members of the public desiring to use the services of
the Shiplift Facility. In operating the Shiplift Facility, Operator shall not
discriminate against any member of the public desiring to use the Shiplift Facility
with respect to hours of operation, services offered, scheduling of operations, or
any other aspect of Shiplift Facility operation.
Section 2. The Operator agrees to immediately supply to the Seward Harbormaster all
information provided by the Operator to the inspectors.
SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH
SEWARD SHIP'S DRYDOCK, INC.
Tune 2009
Page 2 of 3~
Section 3. The Agreement Term as described in Section 2.01 of the Agreement is
extended to September 30, 2010. During this period Operator shall complete the coating of the
pipe pile in the splash zone and the 33 cofferdam cells to the City's satisfaction. The extension
of time allowed by this provision shall not constitute a waiver of any rights of the City as owner
of the Shiplift Facility or as otherwise described in the Agreement.
Section 4. Operator shall use its best efforts to improve the condition of the City's
Shiplift Facility, and this commitment is material consideration for the City's consent to enter
into this Sixth Amendment.
Section 5. All other provisions of the Agreement remain in full force and effect.
Section 6. This Agreement is subject to approval by the Seward City Council and shall
become effective upon the signatures of both parties.
DATED this day of
City:
2009.
Operator:
CITY OF SEWARD
Phillip Oates, City Manager
ATTEST:
Jean Lewis, CMC, City Clerk
SEWARD SHIP'S DRYDOCK, INC.
James T. Pruitt, President
SIXTH AMENDMENT TO THE MAINTENANCE AND OPERATING AGREEMENT WITH
SEWARD SHIP'S DRYDOCK, INC.
June 2009
Page 3 of 3
Sponsored by: City Manager
CITY OF SEWARD, ALASKA
RESOLUTION 2009-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE DISCHARGE OF FIREWORKS BY THE
CHAMBER OF COMMERCE DURING THE 2009 INDEPENDENCE DAY
CELEBRATION
WHEREAS, Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward
unless specifically approved by the City Council; and
WHEREAS, the Chamber of Commerce will be again, sponsoring a fireworks display on
Saturday the 4`h of July, 2009, at 12:01 a.m. with an alternate date of Sunday July 5`h at 12:01 a.m.
and is requesting City Council approval; and
WHEREAS, the site for the discharge of the fireworks has been identified as the new
breakwater area, in front of the Harbor Lights Condominiums, and has been approved by the Fire
Chief as required in City Code; and
WHEREAS, the City has traditionally allowed the Chamber of Commerce to provide a
fireworks display within the City in conjunction with its Fourth of July celebration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. As a part of its Fourth of July Celebration, the Seward Chamber of Commerce is
authorized to discharge fireworks within the City at a time and place that has received the prior
approval of the City Fire Chief.
Section 2. 'This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°a
day of June, 2009.
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
f3
Council Agenda Statement
Meeting Date: June 22, 2009
To: Mayor and Council Members
From: David Squires, Fire Cluef
T~ Phillip Oates, City Manag
Agenda Item: 2009 Fireworks Pernvt
BACKGROUND & JUSTIFICATION:
The Seward Chamber of Commerce is requesting pernvssion from City Council to hold fireworks
display on Saturday July 4, 2009 at 12:01 am at the new breakwater area, in front of the Harbor
Lights Condominiums. They have stated that their alternate date is Sunday July 5, 2009 at 12:01 a.m.,
if there is inclement weather on the Fourth.
Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward unless specifically
approved by the City Council. The City has traditionally allowed the Chamber of Commerce to
provide an annual fireworks display within the City in conjunction with its Fourth of July celebration.
The fireworks will be presented by "Fire Art by Griz".
The Seward Chamber of Commerce stated that they will work directly with the Seward Fire
Department to ensure that the fireworks show is presented in a safe manner. The location has been
reviewed and approved. The Chamber has also stated that they will supply two guards to keep the
public away from the set up and discharged area.
INTENT: Permit fireworks display for the 4`h of July, 2009
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Counci] Rules of
Procedures.
Other: Not Applicable
FISCAL NOTE: There is no fiscal im/~Jpact.
Approved by Finance Department: ,;~~,a~i~e~iL'~iu.~.olii
ttL+ l U1V1ML~ NllA'I'lUN:
City Council approve Resolution 2009-05~thorizing the discharge of fireworks by the Chamber of
Commerce during the 2009 Independence Day Celebration.
14
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, ACCEPTING A GRANT FROM THE STATE
HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT
OF X350,000 FOR THE PURPOSE OF EXPANDING AND
UPDATING INFRASTRUCTURE SECURITY CAMERAS
WHEREAS, the City of Seward, Police Department submitted an application to
the State of Alaska Homeland Security Grant Program (HSGP); and
WHEREAS, the grant application to HSGP demonstrated the need for funding
for upgrades to and expansion of the existing infrastructure security system based upon a
recently completed Security Vulnerability Assessment; and
WHEREAS, the 2008 HSGP reallocated funds in the amount of $350,000 for this
City of Seward project; and
WHEREAS, these funds are essential to the Seward Police Department in order
to expand upon and upgrade the existing infrastructure security camera system; and
WHEREAS, Che grant does not require a local match.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1: The City Manager is hereby authorized to enter into an agreement with
the State of Alaska in substantially the form as attached hereto, to accept Homeland
Security granted funds.
Section 2: Funding in the amount of $350,000 is hereby accepted to Homeland
Security Camera grant account no. 651-6514-4680-0200, and appropriated to equipment
account no.651-6514-5930.
Section 3: This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward Alaska
this day 22°d day of June, 2009.
1~
Council Agenda Statement
Meeting Date: June 22, 2009
From: City Manager Phillip Oate
Through; Police Chief Tom Clemons
Agenda Item: Resolution accepting award of State Homeland Security Grant for $350,000
for City Infrastructure Camera system upgrade/expansion.
BACKGROUND & JUSTIFICATION:
The City of Seward Police Department applied for and has been awarded $350,000 fromthe State of
Alaska Homeland Security Grant Program (HSGP). A recently completed Security Vulnerability
Assessment along with the Police Departments application demonstrated the need for expansion of
and upgrades to the existing City infrastructure security camera system. Reallocations of 2008
HSGY funding is being used for this grant and the performance period is May 28, 2009- December
31, 2010. The acceptance of this grant will better enable Seward to protect critical and expensive
infrastructure.
CONSISTENCY CHECKLIST•
Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive
Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE:
There are no direct fiscal impacts ofthi r ~olution. his grant requires no local match.
Approved by Finance Department:
RECOMMENDATION:
Council approve Resolution 2009-~, accepting a grant from the State of Alaska Homeland
Security Grant Program in the amount of $350,000 for the purpose of expanding and updating
infrastructure security cameras.
f6
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A ONE YEAR CONTRACT FOR 5449,472.00
WITH THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO
PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND
HOUSING PRISONERS CHARGED AND/OR SENTENCED UNDER
ALASKA STATUTES
WHEREAS, the City of Seward has received a proposed one year contract from the State of
Alaska for the operation of the Seward community Jail; and
WHEREAS, the contract amount for the City of Seward is $449,472.00, to operate the
Seward Community Jail in accordance with the attached contract from July 1, 2009 through June 30,
2010; and
WHEREAS, the 2009 budget estimated jail contract revenues of $450,000.00 which falls
short of the proposed contract amount by $528.00; and
WHEREAS, the amount of $449.472.00 falls short of covering even the City's direct cost by
$57,460.00, and does not cover any of the City's indirect costs of $75,830.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section l . The Seward City Council hereby authorizes the city manager to enter into a one
year contract for $449,472.00 with the State of Alaska, Department of Corrections, to provide for
operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska
Statutes.
Section 2. The City Council herby instructs the administration to continue lobbying for
additional state funding of the Seward Community Jail such that the local tax payers are not asked to
subsidize the cost of operating the jail for state-related offenses.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d of June
2009.
1'7
CITY OF SEWARD, ALASKA
RESOLUTION 2009-052
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
18
Agenda Statement
Meeting Date: June 22, 2009
To: Phillip Oates, City Manage
From: Tom Clemons, Chief of Police
Agenda Item: Renewal of Jail Contract between the Department
of Corrections and the City of Seward
BACKGROUND & JUSTIFICATION:
The City of Seward has entered into contracts with the Department of Corrections for many years and
this renewal is being presented for adoption. The State of Alaska will pay the City of Seward
$449,472.00 to operate the Seward community .Tail in accordance with the conditions set forth in the
attached contact. This contract will be in force from July I , 2009 through June 30, 2010.
CONSISTENCY CHECKLIST:
I. Comprehensive Plan
2. Strategic Plan
3. Other:
4. Not applicable
Yes No
X
FISCAL NOTE:
The City of Seward will receive the sum of $449.472.00 from the State of Alaska for this contract.
This is the same amount the City received in FY2006. The City's FY2009 budget estimates for
operating the jail were about $506,532.00. Therefore the appropriation from the State falls
approximately $57,060.00 short of covering the direct cost of operating the jail.
Approved by Finance Department 11,G~ua~`~ "G'~
RECOMMENDATION:
Recommend approval of Resolution 2009 o5authoring a contact between the City of Seward and
the State of Alaska, Department of Corrections that provides for the City of Seward to operate the
Seward Community jail, and house prisoners charged and/or sentenced under Alaska Statutes. The
State will pay the City 5449,472.00 to provide the service.
19
SARAH PALlN, GOVERNOR
DEPARTMENT OF CORRECTIONS
Division of Administrative Services
May 20, 2009
Dear Contractor,
P.O.Box 172000
Juneau, AK 99811-2000
PHONE: ;907) 465-3399
FAX: (907) 465-2006
Attached are the copies of the contract renewal documents for the community jails contract with
your city or borough and a copy of the Standards for Jail Operation referenced in the contract
document.
Please sign both contract copies in block 12 and return them to me prior to June 26, 2009. I will
get them signed by Department of Corrections personnel and return a copy to you for your
records.
Questions can be directed to me via telephone or e-mail. Thank you in advance for your
assistance.
ack Gregson
Procurement Officer
State of Alaska
Department of Corrections
907-465-3399 (voice)
907-465-2006 (fax)
E-mail: jack.gregson@alaska.gov
~o
STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES
1. Agency Contract Number 2. ASPS Number 3. Financial Coding a. Agency Assigned Encumbrance
2101010 2010-2000-8710 20665500-15905-76900011-73076 2101010
5. Vendor Number 6. ProjecUCase Number 7. Alaska Business License Number
COS84266 Community Jail: Seward not applicable
This contract is between the State of Alaska,
8. Department of Division
COrreCtlOnS Institutions hereafter the State, and
9. Contractor
City of Sewa rd, Police Department hereafter the Contractor
Mailing Address Street or P.O. Box City State ZIP+4
PO Box 167 410 Adams St. Seward AK 99664
10.
ARTICLE 1.
Appendices: Appendices referred to in this contract and attached to it are considered part of it.
ARTICLE 2. Performance of Service:
2.1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this wntract.
See Appendix C for indemnity and insurance related
language.
2.3 Appendix C sets forth the services to be performed by the contractor.
ARTICLE 3. Period of Performance: The period of performance far this contract begins JUIV 1 2009 ,and
ends June 30 2010
ARTICLE 4. Considerations:
4.1 In full consideration of the contractor's performance under this contract, the State shall pay the contractor a sum not to exceed
$ 449,472.00 in accordance with the provisions of Appendix D.
4.2 When billing the State, the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to:
11 Department of Attention: Division of
Corrections Administrative Services, Accounting
Mailing Address Atlention~.
PO Box 112000, Juneau, AK 99811-2000 Mary Engdahl (ph. 907-465-3478)
12. CONTRACTOR 14. CERTIFICATION: I certify that the facts herein and on supporting
Name of Firm documents are correct, that this voucher constitutes a legal charge
against funds and appropriations cited, that sufficient funds are
City of Seward encumbered to pay this obligation, or that there is a sufficient balance
Signature of Authorized Representative Date in the appropriation cited to cover this obligation. I am aware that to
knowingly make or allow false entries or alterations on a public
record, or knowingly destroy, mutilate.. suppress, conceal, remove or
h
i
i
i
h
i
l
ibili
il
bili
f
Typed or Printed Name of Authorized Representative erw
mpa
r t
e ver
ty or ava
a
ty o
ot
se
ty,
eg
a public record
constitutes tampering with public records punishable under AS
Phillip E. Oates 11.56.815-.820. Other disciplinary action may be taken up to and
includin
dismissal
Title g
.
City Manager (ph. 907-224-3338; fax 907-224-8480)
13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date
DepartmenUDivision Date
Corrections /Institutions
Signature of Project Director Typed or Printed Name
Jack Gregson
Typed or Printed Name of Projec[ Director Title
Garland Armstrong Procurement Officer
Title Dept. of Corrections
Director, Division of Institutions (ph. 907-269-7409) Juneau Procurement Section
NOTICE: This contract has no effect until signed by the head of contracting agency or designee.
02-093 (12103/02) ~ ~ SAF.DOC
APPENDI\ A
GENERAL PROVISIONS
Article 1. Definitions.
L I Lt this contract and appendices, "Project Direcor" or "Agency Head" nr "Procurement Officer" means the person wlto sifnts this contract on behalf of ilia Requesting Agency and inelodes a
successor or authorized representatve_
I ? "State Contracting Agency" means the department for which this contract is l0 6e perfonucd and (or which the Commissioner or Amhnnzed Designee acted in a sifmine Ihs contract.
Article 2.lnspection and Reports.
2. I The department may inspect, in the manner and at reasonable times it considers appropria±e, all the contractor's Facilities and activities colder This contract.
2.2 The cmttractor shall make progress cord other reports in the maimer and ai the times the department reasonably requires.
Article 3. Disputes
3.1 fury dispose concerning a question of fain arising under this contract wdtich is not disposed of by nun ual agt cement shall be decided in accordance with AS 36 30.6?0-632
Artcle 4. Equal Employment Opportunity.
4. I The contractor may not discriminate against any employee or applicant for einploymem because of race, religion, color, national origin, or because of age, disabilip•, sex, marital status, charges
m manta) status, pregntancy or parenthood when the reasonable demands Ohhe position(s) do not require distinction rni the basis of age, disability, sex, marital status, changes in marital status.
prcfntaney, or parenthood. The oonlractor shall take affirmative action to insure [hat the applicants are considered for employment and chat employees are treated during employment without
unlartdid regard to their race, color, reli fdon, national ori6dn, ancestry, disability.. age, sex, marital status, chances in marital stains, changes in marital statue. pregtmtcy or parenthood, This
actimt mull include, but need not be Ibnrted to, the following emplq•ment. upgrading, demoting transfer, recndimenl or recnunncvt advertising, layofr or tenninalion, rates of pay or other
forms of compensatiml, and selection for training including apprenticeship. The cmttractor shall post in emrspicuous places, available to employees and applicants for employment. notices
setting out the pro~~sions of [his paragraph.
4.2 The contractor shall state, in ell solicitanons or advertisements for employees to work on Slate of Alaska contract jobs, Ihat it is an equal opportunity employer and that all qualified applicants
will receive consideration for entpl0}aneni without regard to race; relib~on. color, national origin, age, disability, sex, marital stains, changes in marital status, pre~mtancy or parenthood.
4.3 The contractor shall scud to each labor union or representative of workers with which the contractor has a collective bargaining a f>reemenl or oilier contract or understanding a notice advising
the labor union or workers' compensation representative of the contractor's enmmiunents under this article and post copies of the notice in conspicuous places available to all employees and
applicants far employment.
4.4 The contractor shall iuclnde ilia provisions ofthis article in every contract, and shell require the inchtsion of these provisions in every eontmei entered ono by any of its subcontractors. so that
Those provisions will be binding upon each subennfractor. For the purpose of including those provisions iu any catiract or subcontract. as required by Ihis conlracl. "contractor" and
"suhcmttractor" may be changed to reFlecl appropriately the mine or designation of the parries of the contract or subconimcl.
45 The coulraclor shall cooperate filly with State efforts which seek to deal wish the problem of unlasvfid discrimination, and with all other Stale efforts to fntaramee fair wnployinenl practices
under this contract, and promptly comph~ with all requests and directions frmn the Stare Coiwnission for Hwnan Rights or arty o(its officers or agents relating to pmvemiion ofdiscnmmatory
emploranenl practices.
4 G Frill cooperauon in paragraph 4.5 includes; but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of
the Slate ofAleska, permitting employees of the contractor to be witnesses or oomplainants m any proceeding involving questions of unlawfid discrhninalien, if that is requested by any official
or agency of the State of Alaska; participating in meetings; submitting periodic reports nn the equal employment aspects of present and future employment; assistotg inspection of the
contractor's (acilities; and promptly canplying with all State directives considered essential by any office or agency ol'the State ofAleska to insure compliance with all federal and Slate laws
regulations, and politics penarning to the prevention of discriminatory employment practices. -
4.7 Failure Io perform under this article constitutes a material breach of the contract.
Article 5. Termination.
The Project Director, by wrings notice, may lemtinale thu eonlraet, in whole or in pan, when it is in the best iNerest of the State The State is liable only for payment in accordance with the pa}anent
provsions ofthis contract for services rendered before the effective date ofienniiiarion.
Article 6. No Assignment or Delegation.
The contramor may not assigt or delegate this contract or any part of it, or any nghl to any of the money to be paid under it, except with the writren consent of the Yrgleci Director and the Agency Head
Article 7. No Additional Work or Material.
No claim for additional services. not specifically provided in this contract, performed or famished b}'the contractor, will be allowed. nor may the contractor do any work or famish any material not covered
by the contract unless the work or material is ordered iu writing by the Project llirectnr and approved by ilia Agency Head.
Article 8. ]ndependent Conlractnr.
The contractor and wry agents and employees of the contractor act in an mdcpendent capacity and are uol officers or employees or agents of the Slaic in the pertbnnance ofthis cwrtracl.
Article 9. Payment of Taxes.
As a condition of performance of Ihis contract; the contractor shall pay all federate Stare, and local taxes intoned by the contractor and shall require their payment by any Subcomraclnr or arty other persons
m the perfannauoe ofthis contract Sa6sfaaory pedonnance of this paragraph is a condition precedent to payment by the Slate ender this contract
Artcle 10. Ownership of Documents.
All deli fins, drawings. specifications, notes, artwork, and other work developed in the performance ofthis afnemnent are pmdnced for hire and remain the sole properly of the Seale of Alaska and may be
used by the Slate (oi any other purpose without additional oompensation to the contractor. Tlie ewntractor agrees not io assert any rights acrd not t0 establish arw claim under the design patem or copyright
laws. The contraotor, for a period of Ilmee years after final payment under this contract, agrees to famish and provide acoess to all retained materials at the ruyuest of the Project Dueolor Onless otherwise
diredod by the PmjeG Director, the contraelrr may retain copies of all the materials.
Article 17. Governing Law.
Thin contract is governed by the laws of the Slate of Alaska. All actions concerning this cwnracl shall be brought in the Superior Court of the State of Alaska.
Article 12. Conflicting Provisions.
Unless specifically amended and approved by the Departineul of Law the General Pro~'isions ofthis contract supersede any provisions in other appendices.
Article l3. Officials Not to Benefit.
Ceotractonnusf comply with ell applicable federal or Slate laws regulating ethical conduce ofpubtic officers wtd wnployees.
Article 14. Covenant Against Contingent Fees.
._
the contractor wan ants that no perswt or agency has beets emplq•ed or retained to solicit or secure this contract upon an a fneement or understanding for a cormnissimt, percentage, brokerage m contingent
fee except employees or agencies maintained by the coniraoior for fbe purpose of securing business. F'or the hreaeh or violation ofthis warranty, the State my terminate this compact without liability or in its
discretion deduct from the contract price or consderation the fill amount of the commission, percentage, brokerage or contingent fee.
RACK OJ_114i lndmrmn
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAILS SERVICES
July 1, 2009 through June 30, 2010
Appendix C
General Terms
Parties
The parties to this contract are the Alaska Department of Corrections, and the BoroughlCity of
Seward, herein referred to as the "Borough/City".
1. Services
Provide short-term community jail confinement of persons held under State law.
This is a contract for the Borough/City to operate a jail facility and hold prisoners in accordance with
this contract and The Standards for Jail Operations adopted by the Governor's Task Force on
Community Jails (November 18, 1994 edition), hereafter referred to as "The Standards".
The Standards and the final report of the Governor's Task Force are attached as Appendix E to this
contract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter
13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any
legal proceeding to establish a "duty of care", or evidence of a legal duty to any person or entity.
Rather, these standards were and are intended:
a. as a statement of professional goals to be achieved;
b. to promote recognition of needed improvements, both as to facilities and operations;
c. to promote efficiency; and
d. to encourage professionalism in the operations of Alaska jails.
As used in this contract, "community jail administrator" has the meaning given in Chapter 13 of The
Standards.
As used in this contract, "prisoner" has the meaning given in AS 33.30.901(12), and specifically
excludes persons detained under authority of AS 47. This contract allows the Borough/City to hold
persons detained under AS 47 in its jail facility, however the Department is authorized to, and will
not, compensate the Borough/City for any direct or indirect costs related as AS 47 detainees,
including medical or transportation costs.
2. Sole Agreement
This contract is the sole agreement between the parties relating to jail services. There are no other
agreements, expressed or implied.
3. Effective Date/Termination/Amendments
This contract is effective July 1, 2009 and continues in force through June 30, 2010 except that it
may be terminated by either party upon ninety (90) days written notice from the terminating party.
#2010-2000-8710 / 2101010 2 ~ Sewartl l:ommunity Jau
4. Responsibilities of the parties
General Responsibilities of the Borough/City
The Borough/City Shall
a. Operate a facility for the care and confinement of prisoners in accordance with this
contract and with goals set out in The Standards, including any additions or deletions
to The Standards by the Commissioner of Corrections following notice to all
community jail administrators and an opportunity to comment.
b. Comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88-35-42 USC
secs. 2000e-2 and 2DOOe-3) and Federal regulations implementing the act in the
hiring and treatment of its employees and will not subject any prisoner to
discrimination on the grounds of race, creed, color, religion, national origin, sex.
c. Permit reasonable visitation for prisoners as set out in The Standards. A record or
log of all prisoner visitors will be kept indicating date, time and identity of each visitor.
d. Protect prisoner property by taking proper precautions and providing the necessary
policies and procedures to protect the property from loss or destruction.
e. Not accept a prisoner into the facility under this contract if the person is unconscious
or in immediate need of medical attention, and shall not be entitled to reimbursement
far immediate medical services provided to such a person. The Borough/City shall
provide necessary medical care for prisoners accepted into the facility under this
contract, and shall be entitled to reimbursement by the Department for the cost of
such care, per Section C6 of this contract.
f. Immediately notify the Department of Corrections, the nearest post of the Alaska
State Troopers, and any police agencies in the general vicinity of the jail facility if a
prisoner escapes or leaves the premises of the facility without authority. The
Borough/City shall make every reasonable effort to return the prisoner to the facility
without cost to the Department of Corrections, as long as there are reasonable
grounds to believe the prisoner is within the Borough/City limits.
g. Adopt and enforce rules concerning smoking by prisoners and staff consistent with
State statutes and regulations, keeping in mind the health and welfare of all
prisoners and staff personnel.
h. Maintain prisoner records showing the prisoner's time served, the date and time the
prisoner was booked in, the date and time of changes to custody, notations about the
prisoner's institutional adjustment, and records of medical and dental treatment.
These prisoner records must be in a prisoner's file when they are transferred from
the community jail facility to another state correctional facility.
Immediately, but, in no event more than 24 hours following receipt of notice, report to
the Department of Corrections all claims concerning the jail facility that could
foreseeably affect the legal liability of either party to this contract and cooperate with
the Department of Corrections in the defense and/or settlement of the claim.
#2D1D-2000-8710 / 21D1010 Seward Community Jail
j. Purchase and maintain in force at all times during the performance of services under
this agreement the policies of insurance listed in the contract. Where specific limits
are shown, it is understood that they shall be the minimum acceptable limits. If the
Borough's/City's policy contains higher limits, the State shall be entitled to coverage
to the extent of such higher limits.
k. Provide current certificates of insurance to the Department of Corrections prior to the
pertormance of services under this contract and shall provide fora 30-day prior
notice of cancellation, non-renewal or material change to any insurance policy.
Failure to furnish satisfactory evidence of insurance or lapse of the policy is a
material breach and grounds for termination of the Borough/City's services.
Provide and maintain Worker's Compensation Insurance as required by
AS 23.30.045 for all employees engaged in work under this contract. The
Borough/City shall be responsible for insuring that any subcontractor who directly or
indirectly provides services under this contract will maintain Worker's Compensation
Insurance. Coverage must include all states in which employees are engaging in
work and must include employer's liability protection of not less than $100,000.00 per
person and $100,000.00 per occurrence.
m. Provide and maintain comprehensive general liability insurance, with a combined
single limit per occurrence of not less than $1,000,000.00 covering activities
associated with or arising out of this contract, to include jail keeper's legal liability
coverage. The State shall be added as an additional insured under such policies.
The Borough/City shall be solely responsible for the payment of claims or losses to
the extent they fall within the deductible amount of such insurance. This insurance
shall be primary to any other insurance or self insurance carried by the State.
n. Provide and maintain comprehensive automobile liability insurance, covering all
owned, hired and non-owned vehicles used during the provision of services under
this contract with coverage limits not less than $100,000.00 per person, $300,000.00
per occurrence bodily injury and $50,000.00 property damage.
o. Provide a monthly accounting of prisoner statistics by the 15'h day of the month
following the monthly period covered on forms provided by the Department of
Corrections. The forms shall include specific information on each prisoner housed
during the reporting period to include the prisoner's name, the number ofman-days,
the charge or reason for incarceration, the dates of incarceration, the arresting
agency and other information as requested on the forms.
"Man-day" indicates a prisoner was confined for more than four (4) hours in one
twenty-four hour calendar day. If a prisoner had been confined for less than or equal
to (4) hours in one calendar day, the accounting shall indicate one-half man-day.
p. Not operate furlough or release programs for pre-sentenced prisoners held, unless
ordered by a court. The Borough/City shall not permit a furlough or release for any
sentenced prisoners without the consent of the Department of Corrections.
q. Community Jails accessing the Agency's Offender Tracking Information System
(OTIS) will require all jail personnel using the OTIS System to undergo a DOC
security check. The Community Jail Administrator will submit the following
information for each person accessing the OTIS System for security review by DOC:
#2010-2000-8710 / 2101010 5~ ~ Seward Community Jail
(1) Fult name
(2) Residence address
(3) Telephone
(4) Date of birth
(5) Valid drivers license and state of issue, or other photo identification
(6) Social Security number
The Jail Administrator, with assistance from the Community Jail Coordinator, will
develop Policy and Procedures for monitoring jail staff to ensure system security,
confidentiality and the use of the OTIS System only for Community Jail business.
The Jail Administrator will immediately notify the Community Jail Coordinator if jail
staff with access to the OTIS System leave their employment.
Community Jails will be responsible for ongoing telecommunications costs such as
line charges, connection fees and Internet service provider fees, etc.
5. General Responsibilities of the Department of Corrections
The Department of Corrections shall:
a. Reimburse the Borough/City for necessary medical care under section C6 of this
Contract.
b. Not be responsible for the management of local jail facility prisoner population. It is
the policy of the Department of Corrections to detain and confine only prisoners from
the normally serviced region of the respective facilities. However, in the case of an
emergency or for necessary population or security management purposes, prisoners
may be transferred from other areas of the State. Conversely, for the same
purposes, prisoners may be transferred from the respective facilities to other areas of
the State.
c. Through the Division of Risk Management, provide excess legal liability coverage
from claims directly resulting from the Borough/City's services under this contract,
that are covered by the primary jail keeper's legal liability policy carried by the
Borough/City, excluding any damages awarded as a result of intentional or malicious
misconduct, criminal conduct, or outrageous conduct on the part of the Borough/City
or its employees or agents. The state will provide coverage of $4,000,000.00 excess
of $1,000,000.00 per occurrence and annual aggregate as an excess insurer. All
conditions of the primary jail keeper's legal liability policy are considered a part of this
excess liability protection. As an additional condition precedent to this excess liability
coverage, the Borough/City agrees to immediately report to the State all claims that
could foreseeably penetrate to this excess policy level and cooperate with the State
in the defense and/or settlement of the claim.
Be permitted to inspect, at all reasonable times, any facility used by the Borough/City
to house prisoners that are confined; in order to determine if that facility is complying
with The Standards and with this agreement.
#2010-2000-8710 ! 2101010 6 ~~ Seward Community Jail
e. Provide on-going technical assistance and training for community jails requesting
access to the OTIS System. The Department of Corrections will conduct security
checks, with information provided by the Jail Administrator, for all jail staff requesting
access to the OTIS System. All related telecommunications charges (such as
telephone company lines fees or tolls and Internet service provider fees, or special
charges for initial line installation) will be the responsibility of the community jail.
6. Medical and Dental Care and Reimbursement
The Borough/City shall:
a. Provide necessary medical care to prisoners accepted into the community jail facility
under this contract. Prisoners who require medical attention are to be provided
treatment as soon as possible, taking into consideration the nature of the illness or
injury. If medical care is provided outside of the jail facility, the community jail
administrator shall provide necessary security as required by paragraph 7a of this
contract.
As used in this contract, "necessary medical care" has the meaning given in Chapter
13 of The Standards. If requirements of this definition are otherwise met, the
following are included within the term "necessary medical care" and subject to
reimbursement:
(1) psychological or psychiatric care; and
(2) dental care to
i. control bleeding;
ii. relieve pain;
iii. eliminate acute infection;
iv. prevent pulp decay and imminent loss of teeth through operative
procedures; and
v. treat injuries to teeth or repair supporting dental structures,
caused by accident or injury.
b. Maintain control of and dispense medicines to prisoners in compliance with The
Standards and directions specified by a physician or other qualified health care
provider, and take reasonable steps to guard against misuse or overdose of
medicines by prisoners.
c. Adopt emergency medical procedures and make available telephone numbers for
medical, psychiatric, or other health services, so that staff will have ready access to
such information.
d. Obtain approval from the Department before incurring liability for medical care which
reimbursement is sought, except in the case of emergency care that must be
provided to the prisoner before approval from the Department of Corrections can be
obtained. The Borough/City shall make a reasonable effort to obtain approval from
the Department of Corrections and shall promptly, but in no event later than the next
working business day, notify the Department of Corrections of any emergency for
which medical care was provided before such approval could be obtained. Approval
from the Department of Corrections will not be unreasonably withheld.
#2010-2000-8710 / 2101010 7`2'7 Seward Community Jail
To obtain approval Borough/City staff should contact the Department of Corrections
Central Office during normal working hours Monday through Friday 8:OOam to
4:30pm at (907) 269-7300, after hours, weekends and holidays contact the
Anchorage Correctional Complex Medical Unit at (907) 269-4233.
Be entitled to reimbursement from the Department of Corrections for expenses of
necessary medical care provided under paragraph 6a and approved under
paragraph 6d. In applying for reimbursement, the BoroughlCity must follow the
procedure set out in paragraph 6f. The Borough/City will not be entitled to
reimbursement for the hiring of emergency guards or other medically related security
costs, or for medical care for persons
(1) held under the authority of AS 47;
(2) accepted into the facility while unconscious or in immediate need of medical
attention,
(3) receiving medical services for elective, cosmetic or other medical services
that are not necessary medical care, or
(4) not approved by the Department under paragraph 7d.
Medical services provided to prisoners who have been properly accepted into the
Borough/City jail facilities under this contract shall not, however, be challenged by
the Department merely because they were rendered immediately or shortly after the
prisoner was accepted.
f. Request reimbursement by submitting to the Department of Corrections a properly
certified accounting containing:
(1) a copy of the medical bill with the prisoner's name and a description of the
services rendered,
(2) a copy of the monthly booking form showing the prisoner's date and time of
booking, and
(3) a copy of the medical payment request form.
The community jail administrator will make reasonable effort and take appropriate
steps to assure that the Department of Corrections is billed only for necessary and
required medical services beyond the payment limits of the prisoner or any insurance
carrier or other third-party payer.
7. Transfers and Transportation of Prisoners
The parties agree that:
The Borough/City shall provide transportation and supervision of prisoners within
local boundaries when the prisoners are outside of the jail facility, other than
pursuant to court-ordered release. Supervision must be adequate to prevent
escapes, prevent inappropriate contact with others, prevent possession of
contraband and provide security for the prisoner and the public.
#201 D-2000-8710 / 2101010 8 2 8 Seward Community Jail
b. The Borough/City shall immediately notify the Department of Corrections to request
that a prisoner be transferred from the facility to one outside of local boundaries
because;
(1) a court has ordered the transportation;
(2) the prisoner has been incarcerated in the facility for 30 consecutive davs,
unless a court has ordered that the prisoner remain in the facility or the
prisoner has signed a written waiver requesting to remain in the facility; or
(3) the community jail administrator believes a transfer is necessary for security
or population management reasons.
c. The BoroughlCity shall continue to hold prisoners, notwithstanding the existence of
grounds for a transfer, until the Department of Corrections arranges transportation
for the prisoner.
d. The Department of Corrections
(1) may contact the Department of Public Safety to make arrangements for the
transportation of prisoners requested under paragraphs 7b(1) or (2), or may
request the community jail administrator to directly contact the Department of
Public Safety to make transportation arrangements; and
(2) will contact the Department of Public Safety to make arrangements for the
transportation of prisoners requested under paragraph 7b(3) when the
Department finds that it can reasonably accommodate the request and the
community jail administrator clearly demonstrates to the satisfaction of the
Department that the transportation is necessary and that it will not interfere
with the prisoner's attendance at legal proceedings or create any undue
hardship on the prisoner. The Department will not unreasonably deny a
request for transfer under this subsection.
e. The Borough/City shall, when the prisoner leaves the facility, furnish the transporting
officer with the prisoner's file described in paragraph 4h of this agreement.
#201 D-2000-8710 / 2101010 ~ g Seward Community Jaif
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAIL SERVICES
July 1, 2009 through June 30, 2010
Appendix D
Payment Provisions
1. The total contract amount for the Borough/City of Seward is $449,472.00 for the period from
July 1, 2009 through June 30, 2010 and represents the total payment due. 14 Beds
2. The Department of Corrections will pay the Borough/City one quarter of the amount
specified above. Appendix D paragraph 1, on the first day of each quarter of the fiscal year.
3. It is specifically agreed by the parties that the Department of Corrections is not funded for
and will not provide annual in-service training as set out in Section 10.01 of The Standards,
unless funding is provided by the Alaska Legislature or the Borough/City.
4. The Borough/City shall be prohibited from utilizing funds received under this contract for any
purpose other than operation of community jail facility. Any funds received by the
Borough/City under this contract that are utilized for purposes other than those authorized
by this contract shall be reimbursed to the State and deposited to the general fund.
G 1ContractslFY081Community Jails\fy08 contra ctslSeward-n.doc
#2010-2D00-8710 / 2101010 10 j ~ Seward Community Jail
Appendix List:
A General Provisions
~ 4r~erz~^"•• ^^^"^~ -~ - See Appendix C for indemnity and insurance related
language
C General Terms
D Payment Provisions
• D2 breakdown of funding
E State of Alaska, Community Jails Program: Standards for Jail Operation
As produced and adopted by the Governor's Task Force on Community Jails,
November 1994
#2010-2000-8710 / 2101010 ~] ~ 11 Seward Community Jail
ALASKA DEPARTMENT OF CORRECTIONS
CONTRACT FOR COMMUNITY JAIL SERVICES
July 1, 2009 through June 30, 2010
Borough/City of Seward
Appendix D2
The following is a breakdown of the total contract amount for FY2010 for the indicated facility. The
contract requires that the funding be used only for the operation of the jail facility and not for any
other purpose. It also requires an accounting to specific line items within the jail facility budget.
These are the areas intended to be funded by the total contract amount for each fiscal year, unless
otherwise amended:
Personnel
Position Annual Salary % 12 Month Cost
Jail Supervisor 55,476.00 100 55,476.00
CJO 44,475.00 100 44,475.00
CJO 47,053.00 100 47,053.00
CJO 44,475.00 100 44,475.00
CJO 36,013.00 100 36,013.00
CJO 45,462.00 100 45,462.00
~l L/L,y54.UU
Non-Personnel
Item 12 Month Cost
Utilities 6,466.74
Telephone 945.06
Insurance 2,361.95
Vehicle 2,400.00
Publications 180.97
Supplies 8,600.00
Food 25,360.00
Unallocated 8,000.00
$ 54,314.72
Summary 12 Month Contract
Amount
Personnel Costs 272,954.00
Non-Personnel
Costs 54,314.72
Subtotal 327,268.72
Admin Overhead 44,195.95
Total(FY2005) $ 371,464.67
Note: +10% for FY2006
FY 2006 Contract Total
+ 10% increase for FY07
FY2007 Contract Total:
FY2010 Contract Total
37,146.47
$ 408,611.14
40, 860.86
$449,472.00
$449,472.00
#2010-2000-871012101010 3,1,2 Seward Community Jail
Sponsored by: City Manager
CITY OF SEWARD, ALASKA
RESOLUTION 2009-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED
VOTERS OF THE CITY OF SEWARD THE QUESTION OF THE
ISSUANCE OF NOT TO EXCEED $5,000,000 IN GENERAL OBLIGATION
BONDS OF THE CITY TO FINANCE ALL OR A PORTION OF THE
CONSTRUCTION OF A COMBINED LIBRARY/MUSEUM CAPITAL
IMPROVEMENT PROJECT
WHEREAS, as part of the Seward Centennial celebration of the founding of Seward, then
Seward Mayor Edgar Blatchford sought project proposals from the public that would directly benefit
the citizens of the community, would begin in the centennial year 2003 and reach completion during
2012, the one hundredth anniversary of the incorporation of the City; and
WHEREAS, the Seward Community Library Museum project was selected to be the
embodiment of the community's pride by preserving history and providing access to present and
future knowledge; and
WHEREAS, the total cost of the combined community library/museum is estimated to be
$10,000,000 which includes planning, design, construction, management and furniture and fixtures;
and
WHEREAS, the City of Seward, the Seward Community Library Association and the
Resurrection Bay Historical Society, through the creation of a joint Seward Community Library
Museum Building Committee, and with the assistance of Foraker Predevelopment Fund consultants,
are working tp create a sustainable project; and
WHEREAS, since 2003 progress includes purchase of a site, completion of a feasibility
study, a concept design, a business plan and a public phone survey; and
WHEREAS, the public phone survey revealed that 58% of the respondents were very likely
or likely to support bond funding for the project; supported by a''/z% sales tax increase to help pay
for the capital costs of this project; and
WHEREAS, through the efforts of the Seward Community Library Museum Building
Committee, over $1,000,000 has already been committed to this project, through private donations,
grants, City contributions, and professional in-kind services and property acquisition; and
33
CITY OF SEWARD, ALASKA
RESOLUTION 2009-053
WHEREAS, the amount of money raised to date and the phone survey results demonstrate
that there is overwhelming community support for this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section L It is hereby determined to be for a public purpose and in the public interest of the
City to borrow through the issuance of general obligation bonded indebtedness in an amount not to
exceed $5,000,000 for the purpose of paying for the capital costs of a combined library/museum
capital improvement in the City. The sum of $5,000,000 shall be borrowed by; for and on behalf of
the City of Seward for library/museum capital improvements and shall be evidenced by the issuance
of general obligation bonds of the City. The bond proceeds shall be used for capital improvements
only. The full faith and credit of the City are pledged for the payment of the principal of and interest
on the Bonds and ad valorem taxes upon all taxable property in the City shall be levied without
limitation as to rate or amount to pay the principal of and interest on the Bonds when duc.
Section 2. The bonds will not be issued until additional funding is obtained from private
contributions, grants, state or federal sources.
Section 3. The City shall submit the following proposition, in substantially the following
form, to the qualified voters of the City of Seward at the October 6, 2009 regular City election. The
proposition must receive an affirmative vote from a majority of the qualified voters voting on the
question to be approved.
Proposition No. 3
General Obligation Bonds for Seward Community Library Museum Capital Improvements
Shall the City of Seward incur debt and issue general obligation bonds in an amount not to
exceed five million dollars ($5,000.000) to finance the construction of community library museum
capital improvements in the City? Bonds may not be issued until the City has obtained additional
funding through contributions and grants for the remainder of the costs of the project.
The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected
that annual payments of principal and interest on the Bonds will not exceed the annual amount to be
received by the City from aone-half percent sales tax.
PROPOSITION NO. 3
YES
NO
34
CITY OF SEWARD, ALASKA
RESOLUTION 2009-053
A "Yes" vote authorizes the issuance of not to exceed $5 million dollars of general obligation bonds
for capital costs for the library/museum project.
A "No"vote does not authorize the issuance of not to exceed $5 million dollars of general obligation
bonds for capital costs for the library/museum project.
Section 4. The City intends to allocate proceeds of the Bonds authorized under Section 1 of
this Resolution to reimburse expenditures by the City for costs of acquisition, construction and
equipping of the Library/Museum Project incurred prior to the date of issuance of the Bonds.
Section 5. Sections 1 and 4 of this Resolution shall be come effective only if the proposition
described in Section 3 is approved by a majority of the qualified voters of the City of Seward voting
on the proposition at the election on October 6, 2009. The remaining sections of this resolution shall
become effective upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22"d
day of June, 2009.
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
3J
COUNCIL AGENDA STATEMENT
Meeting Date: June 22, 2009
Through: City Manager Phillip Oates
From: Library Director Patricia Linville
Agenda Item: Resolution 2009-~~,~, providing for the submission to the qualified voters
of the City of Seward the question of the issuance not to exceed
$5,000,000 in general obligation bonds of the City to fmance all or a
portion of the construction of a combined library/museum capital
improvement project
tst~~:liI:KUU1Vll 8c JUS'1'IFICATION•
In 2003, Seward Mayor Edgar Blatchford proposed developing a community centered project in
the Centennial year of Seward's founding to be completed in 2012, the l 00a' anniversary of the
incorporation of Seward. Anew combined library museum was selected to be the embodiment
of the community's pride by preserving history and providing access to present and future
knowledge far the residents of Seward, the outlying areas and all seasonal workers and visitors.
The Seward Community Library Museum Building Committee (SCLMBC), the City of Seward,
the Seward Conununity Library Association (SCLA) and the Resurrection Bay Historical
Society (RBHS) are working together to complete this project.
Progress toward the goal includes formation of the SCLMBC, purchase of the former Salvation
Army property as a dedicated site for the facility, a forma] Memorandum of Understanding
between the SCLA and the RBHS, non-profit entities of the library and the museum, to accept
private sector funding intended for the facility and dedication of City funds for capital campaign
expenditures.
Since 2006 the project has been guided by Foraker Predevclopment Fund (FPF), capital project
development consultants, with the goal of creating a sustainable facility. FPF was created and is
supported by the Denali Commission, the Mental Health Trust and Rasmuson Foundation. FPF
completed a feasibility study of the original concept, revealing a plan that was economically
unsustainable by the Seward community. FPF provided architectural and program planning
expertise to create a conceptual design more suited to Seward's needs and resources. In April
2009; Foraker hired McDowell Group to conduct a telephone survey of randomly selected
Seward voters to gauge support for the project and their willingness to vote to publicly fmance
its construction. 208 people were surveyed with 9 out of 10 agreeing that a new library museum
is needed and 58% either very likely or likely to vote fora '/z % increase in sales tax to help pay
for the project.
The estimated cost of the facility, including planning, design, construction, project management,
furniture and fixtures, is $10 million. The plan of fmance includes $1 mi]lion private foundation
and individual donations and $4-5 million state and federal funding. The remaining $5 million
will be secured by general obligation bonds financed by the citizens of Seward. These bonds may
not be issued until the City has obtained additional funding through contributions and grants for
the remainder of the costs of the project. As of May 2009, over $1 rnillion has been committed to
this project through private donations, grants, City contributions and professional in-kind
services.
36
Library and museum services are offered to Seward residents, those living outside the city limits
and all seasonal workers and visitors equally. The Seward Community Library Museum will be
owned and operated by the City of Seward. Resolution 2009-_ anticipates passage of an
ordinance adding a %% sales tax withal the City. Although the sales tax is not dedicated, it is the
intent to use all or a portion of the proceeds of this tax increase to help meet the needs of the
project. A sales tax would allow both residents and non-residents who utilize the City's library
and museum to contribute to the construction and operation costs, thereby distributing the
expense instead of placing the entire tax burden on owners of real property within the City
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE:
The intent ofthe SCLM Committee is to place an advisory ballot on the October 2009 election to
ask the voters if they support a 0.5% increase in sales tax to pay for operating and capital costs.
This would generate approx. $500,000 per year in revenue. The estimated annual debt service
costs on a 25-year $5 nullion general obligation bond (assuming 5.75% borrowing rate) are
approximately $380,000, with the remainder o the sal s tax evenue to be used to pay for
increased operating, repairs, and mai anc sts.
Approved by Finance Department
ATTORNEY REVIEW _X_
RECOMMENDATION:
Council approve Resolution 2009-~5.3, providing for the submission to the qualified voters of
the City of Seward the question of the issuance not to exceed $5,000,000 in general obligation
bonds of the City to fmance all or a portion of the construction of a combined library/museum
capital improvement project.
3'7
Seward Library Museum Survey
Prepared for:
The Foraker Group
Prepared by:
MCI}®We~~
G R O U P
Anchorage Juneau
May 2009
38
Summary of Key Findings
The Foraker Group contracted with McDowell Group to conduct a telephone survey of Seward voters to
gauge interest in a new Library Museum facility. The survey sample included 208 randomly selected
registered voters who live in Seward and have voted in at least one of the past five elections. The maximum
margin of error for the survey is ±6.2 percent at the 95 percent confidence level. Fallowing are key findings
from the survey.
• Seward voters were asked about their current usage of the Seward Library, and to estimate their
future usage of the new facility if one were to be built. Over half of respondents (56 percent)
currently use the library on an "almost daily," "weekly," or "monthly" basis. The projected usage is
69 percent for the same time periods if the new facility were to be built.
• The greatest increase is among the weekly users, with a projected growth from 27 to 37 percent.
Fifty percent of voters visited the Seward Museum in the past year. Respondents were asked how
usage would change if the proposed facility had more display space, traveling exhibits or increased
slide show seating. The projected visitation increased in all categories, ranging from 74 percent to 86
percent.
Nearly half the respondents had not visited the Seward Museum in the past year. The proposed
changes would generate considerably greater interest and usage among Seward residents.
Current and Projected Seward Museum Visitation
Seirard Library Museum Survey McDowe// Group, /nc • oage 1
39
Did visit/will visit 50% 76% 86% 86% 74%
Didn't visit/won't 48 16 12 13 19
visit
Don't 2 8 2 1 8
know/Refused
• Nine out of ten Seward voters (89 percent) strongly agree or agree that Seward needs a new library
museum facility.
• When respondents were asked how likely they would vote fora 0.5 percent tax increase in order to
fund the proposed library museum, over half of the respondents (58 percent) were likely or very likely
to vote in favor of the initiative.
• Over a third of the respondents were unlikely or very unlikely to vote in favor of the initiative. When
asked why, more than half of the respondents said the sales tax is already too high.
Likelihood of Voting for aOne-Half Percent
Sales Tax Increase to Fund the Project
~~ .
Very likely 21%
Likely 3 7
Unlikely 22
Very unlikely 13
Don't know/Refused 7
Seward Library Museum Survey
McL7owel/ Group, Inc. • Page 2
~o
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2009-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY
OF SEWARD, AN ADVI50RY QUESTION ON WHETHER TO INCREASE THE
SALES TAX RATE BY 0.5% AS NEEDED TO FUND OPERATING AND CAPITAL
COSTS OF A NEW LIBRARY/MUSEUM, UNDERSTANDING THAT SALES TAX
REVENUES CANNOT BE DEDICATED FOR A SPECIFIC PURPOSE
WHEREAS, as part of the Seward Centennial celebration of the founding of Seward,
then Seward Mayor Edgar Blatchford sought project proposals from the public that would
directly benefit the citizens of the community, would begin in the centennial year 2003 and reach
completion during 2012, the one hundredth anniversary of the incorporation of the City; and
WHEREAS, the Seward Community Library Museum project was selected to be the
embodiment of the community's pride by preserving history and providing access to present and
future knowledge; and
WHEREAS, the total cost of the combined community library/museum is estimated to
be $10,000,000 which includes planning, design, construction, management and furniture and
fixtures; and
WHEREAS, the City of Seward, the Seward Community Library Association and the
Resurrection Bay Historical Society, through the creation of a joint Seward Community Library
Museum Building Committee, and with the assistance of Foraker Predevelopment Fund
consultants, are working to create a sustainable project; and
WHEREAS, since 2003 progress includes purchase of a site, completion of a feasibility
study, a concept design, a business plan and a public phone survey; and
WHEREAS, the public phone survey revealed that 58% of the respondents were very
likely or likely to support bond funding for the project, supported by a ''/z% sales tax increase to
help pay for the capital costs of this project; and
WHEREAS, through the efforts of the Seward Community Library Museum Building
Committee, over $1,000,000 has already been committed to this project, through private
donations, grants, City contributions, and professional in-kind services and property acquisition;
and
4 ~.
CITY OF SEWARD, ALASKA
RESOLUTION 2409-054
WHEREAS, although the amount of money raised to date and the phone survey results
demonstrate that there is overwhelming community support for this project, it is expected that an
advisory vote would provide input from more residents in the City but shall not be binding on the
City Council; and
WHEREAS, if the sales tax is increased, the additional funds would not be pledged or
dedicated to any specific purpose but would be available to be appropriated by council to help
defray the costs of the library/museum project, such as to repay $5,000,000 principal amount of
genera] obligation bonds; and
WHEREAS, both residents and non-residents who utilize the City's library and museum
would contribute to the construction and operation costs, thereby distributing the expense instead
of placing the entire tax burden on owners of real property within the City; and
WHEREAS any excess funds would be available for other expenses of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The City Clerk is hereby directed to submit Proposition No. 2 as a non
binding advisory vote to the qualified voters at the October 6, 2009 regular municipal election in
substantially the following form:
ADVISORY PROPOSITION NO. 2
Shall the Seward City Council increase the sales tax from 4.0% to 4.5%, with the understanding
that the additional funds are expected to be in an amount sufficient to cover a portion of the
proposed library/museum operating and construction costs and would be available to be
appropriated by the City Council?
Yes _ No
A "Yes'' vote advises the Seward City Council that the voters recommend increasing the City's
sates tax to 4.5%.
A "No" vote advises the Seward City Council that the voters do not recommend increasing the
City's sales tax to 4.5%.
(A vote on this proposition is advisory only and non-binding)
Section 2. This resolution shall take effect immediately upon its adoption.
42
CITY OF SEWARD, ALASKA
RESOLUTION 2009-054
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
22nd day of June, 2009.
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
43
COUNCIL AGENDA STATEMENT
Meeting Date: June 22, 2009
Through: City Manager Phillip Oates~~ _
From: Library Director Patricia Linville
Agenda Item: Resolution 2009-~5 ,providing for the submission to the qualified voters
of the City of Seward the question of whether to increase the sales tax rate
by 0.5% to cover a portion of the capital and operating costs of a
combined library/museum
BACKGROUND & JUSTIFICATION:
1n 2003, Seward Mayor Edgar Blatchford proposed developing a community centered project in
the Centennial year of Seward's founding to be completed in 2012, the 100ei anniversary of the
incorporation of Seward. The intent of this resolution is to gauge the community's support for
funding construction of a new libraryhnuseum, plus covering a portion of operating costs,
through assessment of an additional 0.5% sales tax. By law, a sales tax cannot be dedicated.
However, proceeds from an increase in the sales tax could help offset a portion of the annual
operating and capital costs, with the understanding that a future Council can determine the use of
any tax proceeds.
The estimated cost of the facility, including planning, design, construction, project management,
furniture and fixtures, is $10 million. The plan of fmance includes $1 million private foundation
and individual donations and $4-5 million state and federal funding. The remaining $5 million
will be secured by general obligation bonds fmanced by the citizens of Seward. As of May
2009, over $1 million has been committed to this project through private donations, grants, City
contributions and professional in-kind services.
Library and museum services are offered to Seward residents, those living outside the city limits
and all seasonal workers and visitors equally. The Seward Community Library Museum will be
owned and operated by the City of Seward. Assessing a sales tax would allow both residents and
non-residents who utilize the City's library and museum to contribute to the construction and
operation costs, thereby distributing the expense instead of placing the entire tax burden on
owners of real property within the City.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
ATTORNEY REVIEW: Yes
FISCAL NOTE:
A 0.5% increase in sales tax is expected to generate approximately $500,000 per year. The
estimated annual debt service costs on a 25-year $5 million general obligation bond (assuming
5.75% borrowing rate) are approximately $380,000, with the remainder to be used to pay for
increased operating, re
Approved by Finance
44
RECOMMENDATION:
Council approve Resolution 2009-~, providing for the submission to the voters of an advisory
vote on whether to increase the sales tax rate by 0.5% to cover a portion of the operating and
capital costs of a new library%museum.
45
REC~~~I~®
JUN 092009
CITY OF SEWARD, AL,ASIKA ®FFICE CF THE
APPLICATION FOR THE CITY CLERK
SEWARD HISTORIC PRESERVATION COMMISSION
NAME: 1 ~ 1 U7'i ~ ~ a. R ~~r;'lL!~-f a' C'
STREET-ADDRESS: ~ ! ~.. "~~-1~,.~. ~e.~~~.~ r~ l~ ~ ~n `~'
MAILING ADDRESS: _ ~. 13~X l.~ ~ ~- :~~.~-~-~~(, ,~_ `~`3 ~~ ~ `~
HOME TELEPHONE: ~i7 ~ ~ Y~-~- ~`1'l0 ~
LENGTH OF( RESIDENCY IN THE SEWARD AREA: j~cn~w luttie v.~ !!7 (~ - ~•,"~d, fc~-,~-e, ~„ s
L'1 ~- til" ~ ~ .Gtrm- i "P~ - . k 9r.-~. ~YLA-(.1'Y~~rl.(7bl..w
PRESENLY EMPLOYED AS:~'L1S1i~c~ch- ~-~~J~~r~'2~;~w Czeo,i7 t,~nor,e,~,~,Q ~-'~'~-~-~~
Cow-=e~~, .,~.r-i.~t~J 1~.~,~
List any special training, education or background such as grant writing, history, `~' 'I'L`K
architecture, or archeology, which may help you as a member of the ~""~"~ c~`a" '
5
Have you ever been involved in any aspect of historic preservation? If so, briefly
describe your involvement:.-~~
I am specifically interested in serving on the Historic Preservation Commission
because: _~ a~~.,_~t~-~e~L~.a=~e~t~ ~- ~~As-1-Y~~~- -hc..~~ ~aa~ ~
>G1~4, .~y L~ L{y'71~ (mod-l'V~'YYU-Vt~~i(7 N.y~~ C Q ~~~ '~ Y}'~~~'Lf ~-L, ',~i
HaveVyou ever served on a similar commission elsewhere? Yes
If so, where? __ `7~~ And when? ~~ca
If appointed, are you willing to:
• Do historic research? ~ NO
• Work on preparing grant applications? NO
• Work on writing historic register nominations? ~( NO
• Attend historic preservation workshops? ~ NO
SIGNATURE
~~Ce ~n ~-1~-
d La c'a !~f-~~ ~a
~'I~.(~."i--~af '~''v''7LL
Iu JLG~ ayi wu-o
DATE
~~
City ojSeward, Alaska City Council Minutes
June 08 20D9 Volume 38, Page
CALL TO ORDER
The June 08, 2009 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Senior Council Member Bob Valdatta.
OPENING CEREMONY
Police Chief Tom Clemons
comprising a quorum of
V
to the flag.
EXCEPT THOSE ITEMS SCHEDULED
AL OF AGENDA AND CONSENT AGENDA
Motion ~(Ba~rdun~Kellar) Approval of Agenda and Consent Agenda
Resolution 200~~t1~, Q4~7 and 048 were added to the consent agenda by unanimous consent.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2009-045, Authorizing The City Manager To Enter Into A Contract For The
Reading Of Electrical Meters Within The Seward Electrical Service Area With Richard &
Melody Jordan.
Resolution 2009-047, Stating An Intent To Fund X278,000 For The #3 Lift Station Electrical
Upgrade Project Subject To Receiving A Loan In That Amount, Authorizing A Loan
Application With The Alaska Clean Water Fund And Authorizing The City Manager To
47
Ciry of Seward, Alaska Ciry Council Minutes
June 08, 2009 Yolume 38 Pa e
Accept A Loan Offer From The Alaska Clean Water Fund With Payments Subject To Annual
Appropriation.
Resolution 2009-048, Authorizing The City Manager To Enter Into A Contract With
Peninsula Construction, Inc. For An Amount Not Ta.luxceed $281,500 To Complete The Lift
Station #3 Building Electrical Upgrade Prolect~'n~ Ap~Topriating Funds.
The May 26, 2009 Regular City
Special Meeting Minutes Were
And The June 1, 2009 City Council
Linda Lasota Was Re-
Expire May 2012.
SPECIAL ORDERS,
Proclamations and Awards
A proclamation
Commission With A Term To
Legion Riders .
tic~~oag~~ n~ply Rep~x H rt~,~;~s,~dt'gbly Representative Ron Long recapped the
budget msyetiriag,~Z ` ~aA June 2, 24~9~ d a 3 °~ o dal l increase. Sales tax revenue was down
,~ ~ _ r
$,I 7 mile ~ ere'w2ts a $6b~;Q~£l~~tici•ease iri salaries, and no corresponding cuts and services
~or~tl~~ieio~ Esc re~v~nue Loii~tated the mill rate of 4.5% stayed the same. He noted being
milh~ ~~ ~lowtl ~ tiot sustainable and would be challenging for next year. Long
~ .~ ~
Mentioned ~ th~~ rite ~hotic~,alarrco~~Otild be depleted in four years. He also stated a petition had
~~n filed estakv~i~kun~ tp~"~ap iria~ir tin"thiat could go to voters, If the petition was successful and
dorsed by the voters, Ihenaximum tax collected could be tied into Anchorage CPI over a previous
yeax'~s~~collection c1;no mire. If this were to happen in a down year, a negative CPI would mean a
lesser ainvunt oft~~ could be`collected which would mandate a drastic reduction in services or a
deplehori'of fun. baxi~e, making this very challenging for the borough and the public.
City M ~"~ Deport. Assistant City Manager Kirsten Vesel stated there were no city
expenditures betw"een~~`~`0,000 to $50,000 during the past two weeks. The Alaska Department of
Health and Social Services virology laboratory in Fairbanks reported its first positive test for the
HIN1 (swine) flu in Alaska on Wednesday, May 27, 2009. This was the first confirmed case of the
new flu strain in Alaska. Since then, two new positive test results had been reported.
Vesel reported on May 24, 2009, the City Clerk's Office received a letter from the Mayor of
Obihiro, stating they would be cancelling the student exchange program this year due to the global
outbreak of the H 1 N 1 Influenza. It was unfortunate the exchange would not be happening this year,
but the City of Seward felt it needed to respect this decision made by Obihiro, and would pick the
program up again in 2010. The three students chosen to travel this year, Maggie Herbert, Jed Wilde,
and Hannah Beutler, would become next year's exchange students and would now have an entire
year to fundraise for this event. Vese] mentioned the City of Seward had been approved to receive
the 2008 Homeland Security Grant Program (HSGP) reallocated funds in the amount of $350,000.00.
48
City of Seward, Alaska City Council Minutes
Volume 38, Page
June 08 2009
Unfortunately, schools were not included in the Security Vulnerability Assessment and that portion
of the program could not be funded using those grant funds. A city council resolution supporting
graduation day scholarships had been postponed until arrival of the new High School Principal.
Electric Department. Dustin Dressler had
graduated college with a degree in Elec
California with an anticipated start date
changed a pole in the alley b~amd the
falling. After a 12 hour o ~~ ~ r ~`
^ Harbor/SMIC. The harp*o'yu
~a 4„~
evenings this summer. ~u
be available and respond'~a @#
Army Corps of Engineers ,oYi
American Recovery and Rein
been completed, and a memb
Stockdale) visited', lasx.,week.
purchase ,the 870'~~00# seetic,
as the new Field Engineer. He recently
Bring. He would be traveling from
2009. The line crew and operators
r`which was leaning and in danger of
#mg s ~~`thrng n~,by providing staff coverage in the
staff would carry radroS ~.nd log the floats from 6-10 pm to
rgencies. The Seward Har~ioz' had begun working with the
,~ nrnieets~that received $5,~tx~%~ion in funding from the
'he survey wot~~or~the dredging project had
~o`uncil for the Corps of Engineers (Mr. Earl
begun advertising for an invitation to bid to
construct Z-float. Bids from qualified float
fall materials, labor and equipment necessary
rgh quality, heavy-duty timber mooring floats.
s°~aauld be installed at the northeast area of the
~ntract at a later date. The floats would be paid
The City Manager was negotiating with Seward Ship's
outlined in the Maintenance & Operating Agreement.
~, .> ~ u ~.
,~
?ubhc~orks i=~o~htown ti•asli receptacles were replaced, new loaders had arrived,
3eficienc~~ s'id'~n~ifie~1 during the voluntary OSHA inspection had been corrected and the #3
Lift Statitt`~~~'oJec# ~~s,ready for council approval. Both the fish ditch mitigation project and
k~ie.~'t. Rayriiarid generator plant soil remediation project were currently underway.
„~ ~ ~~ .
uG ; ` t ~
Comm~~ev~Iopment. The City had submitted an application for a Homeland Security
Grant ir~ieatric~unt of $275,000 for Dairy Hill Drainage Improvements which would
upgrade cul~erland repair the haphazard drainage for the Mill StreetNista Avenue Area.
The City successfully completed the first step in the process and was approved to move
forward with this final grant application. Grant funds obtained from the Flood Board through
the Borough provided the initial engineering necessary to apply for the grant. The department
had begun conducting a citywide zoning code compliance review and would be utilizing new
software to track violations. Final pavilion materials had arrived with two more scheduled
days of volunteer painting to occur.
Vesel announced Karl Schaefermeyer graduated from the Public Safety Academy on June 4,
2009 as Valedictorian of his class. He had attended the academy in Sitka and would be returning to
Seward. Vesel also reported the City of Seward would be receiving revenue sharing from the State
for: skate park upgrades, records management software, carpet repairs in city hall, an electronic
~~
City of Seward, Alaska City Council Minutes
June 08, 2009 Volume 38, Pa e
timesheet and requisitioning program, Library/Museum startup and recording and sound system
upgrades in the council.
In response to questions, Electric Utility Manager John Foutz stated a piece of equipment
was found to be burnt, so Channel 3 would be down until it could be replaced.
City Attorney's Report. City Attorney Chety~Broplung reported from March 20 through
May 20, 2009. The firm had provided advice a e cl ~ tract questions, assisted with resolutions,
and rovided le al o mions for b ~ ~ ~
P g p~ ai'~~t ~ gShe explained that by using bank qualified
financing for purchasing large ca~ ~}~t s e`~ s the dire equipment and loaders was a good
deal for the city. Once approve~~c~~ ''il, theA~elty obtairie€I=tax exempt financing.
Brooking assisted on otl`i~r issues such as land acginsitons, harbor, levee, SMIC,
impoundment, leases and with eleC~c,gnd pubhc works contracts ari~~gre~ments. She mentioned a
U.S. Supreme Court case where a small mine~~ued`f~e large mine for'~>ittng them out of business.
The small mine won, the case was appeal~3..z~n a ~~ ~ justice involved with the big mine did not
recuse himself and ruled the large mme pr~aih phis was ultimately overturned by the Supreme
x~ ~s
Court for the judge not reef~rt~.hzrn elf ~~_ ,~~ ~=•
of Anchorage drug testing policy, and
....
,.. ,,.
Anchorage was sued and lost for conducting random drug
ig affected constitutional and privacy rights. She again
=;and the Alaska Supreme Court had said so. Brooking
is~ible because of the balance test between public safety
vidual.
Ptr~iee ChiBf Tom Cleili'ons stated apolice officer standing on the corner did the same thing
5.~~ ~„ a~
as a surve~Ilauce c-~mra, With a camera the officer was released to do other duties. This camera
~~_
surveillance wl~b~ed in the U.S. if it was used as evidence for prevention of crimes. He
acknowledged tlu~ rssue~ had created dissention in Dillingham when it was first instituted, but the
community now lo'i~~,d~t~iem because of their success in stopping crime.
Councilmember Valdatta wanted to use the cruise ship head tax money for erosion control.
He wanted a clause put in for communities that could use the money for that purpose.
Brooking stated it could be used broadly, and the city would have to show the link of erosion
control to the cruise ships.
NEW BUSINESS
Resolution 2009-046, Authorizing The City Manager To Sign The Project Cooperation
Agreement (PCA) With The Department Of The Army For The Construction Of The East
:7Q
City of Seward, Alaska
June 08, 2009
Approve Resolution 2009-046
Breakwater Extension And Appropriate $274,000 To The Department Of The Army For The
Project.
Motion (Kellar/Bardarson}
Vesel stated the feasibility study was appro ~~~
approved in 2002. The City of Seward had received gr
z
project was completed in 2005 but stg~ificant wavy acttdnacIt
havoc because of design flaws. Eve~t~~e~e d~oc~ented,~nd
was needed. In 2009, this Arm~C ~~~of Pr`r'tg~tr~eer pr~j~c
Recovery & Reinvestment Act (, ` itf a 2Q$/i~~riatch wa
awarded. Vesel noted this was ~=~e ~ . Baker if not approved
Harbormaster Kari A
now, this would stall all future
section essentially unusable. ]
In response to
stated big wave~e
had admitt~d~ ~~
up with t}tts~~ ~ x~~.
if this
September 2010.
City Council Minutes
Volume 3$ Page
roject did not go forward
float, making that whole
"cil~eartbum over paying a 20% match, Brooking
~do~s and acknowledged that the Corps of Engineers
tasiz~i--~ lot of work had been accomplished to come
m'd noteth#his was the best opportunity the city was
Unanimous
here.
to the communit~~
thanked the admire
agenda statements.
visitors and thanked the businesses who had been bringing them
iaefermeyer on being valedictorian of the Public Safety Academy.
the American Legion for all their donations and assistance they offered
is events. She noted volunteers were still needed for the pavilion and
and city attorney for the addition of the attorney review section on all
Smith missed the flower baskets this year and hoped the city could put them back up.
Keil visited the new coffee shop Alaska Nellie, and thanked the new owners for their
purchase and for investing in their community. She also congratulated Karl Schaefermeyer on his
achievement.
Valdatta thanked AVTEC for painting their building and advised the public to watch out for
people walking along St" Avenue. He also thanked the motorcycle club for coming to Seward.
Vesel encouraged the public to volunteer to paint the pavilion.
1989 with design and construction
i a PCA was signed. The breakwater
~ing south winds in the harbor caused
a further extension of the breakwater
was funded through the American
~,equired before the project could be
°d:'~trongly recommended approval.
5~
City of Seward, Alaska
June 08. 2009
City Council Minutes
Volume 38. Pape
CITIZENS' COMMENTS -None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None
ADJOURNMENT
The meeting was adjourned;;a,# 7;56
~~~;
Jean Lewis ~~~, Bob V
City Clerk ~"~? "~ ~ Senior
z ~,..
(City Seal)
~~
2009 June 2009 ]u1y2009
J ^ ^
.~~
u 7 S M T W T 'F S S M T W T F S
1` 2 3 4 5-6 1 2 3 4
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14 16 16 17 18 19' Z0 12 13 14 15 16 17 18
2Y 22'23.24 25 2627 19 20 21'22 23 24 25.
28 29:30 26 27 28.29 30 31
_ _ Monday Tuesda Wednesday Thursday Friday
June 1 ~ 4
5:30pri CC WS 7:30pm P&Z Meeting , 12:OOpm PACAB Meeting
7:OOpm CC SP Meeting
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5;30pm CC WS
Evaluations-Cancel 9 1
6:30pm ~~-Ca" ~d ~ i ~ 11
12:OOp ~ '"
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7:OOpm City Council
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6:30pm Historic
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-
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6.30pm R~~"~ --
:OOpm Library/Museum
7:OOpm City Council ? ~~
Meeting
29'
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Nanci Richey 1 ~ °~ 6/17/2009 4:22 PM
]u#y 2009
Monday Tuesday ~niea..,,,._
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12:OOpm PACAB Meeting
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7:30pm P&2 Meeting
July 2009 August 2009
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5 6 7 8 91011 2 3 4 i. 6 7 8
12 13 14 15 16 1T 18 9 10 11 1213 14 15
19 20 21.22 23 24 25 16 17:38 19 20 2f 22
26 27 28 29 30 31 23 24 25 26 27 28 29
30 31
.Thursday Friday
r-
8 9 -- - -
11:30am - - ---
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-- - -- 14
-`-"~~~13 _ - --
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Preservation
Meeting
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20, 21 -- - -
- m . , -- 2 - - 23
6:30pm E~~S"~sitjt~ ~
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City Council
Meeting
Nanci Richey 2
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23 24 2526 27 28229 27 28 29`3D
30 31 `
Monda __ _ _ Tuesda Wednesday "Thursday Frida
Au ust 3 4 5i _ 6
_
_. < ._..-~- -
i T
-7:30pm P&Z Meeting 12i00pm'PACAB Meeting
_~ j
10
T.OOpm City Council j - - -
~ . _ _ 11- -- - -- 1~_. ,. 1
i 11:30am'
_ _1_
Meeting I
-- 1 -- 1 !T ~ 19 20
_ 2
6:30pm ~&kt~~4~! 12:gOpm
~ "
t] ~~;.i
6:30pm Historic 9:OOam Social Security
Rep
Preservation
Meeting
2 -- - --
25 ' 2
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2
2
7:OOpm City Counal ~
Meeting
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Nanci Richey 3 C~ 6/17/2009 4:22 PM
5..