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01232012 City Council Packet
Seward City Council Agenda Packet 4 14id 4 k' I v ` '!1 , .:i' : , - . ' . -Arq ,. , . i , „. , . ...../..:. . ; I n *716 :E " 1.. r l . r • � • .._ ..F of a4 O1 Seward Boat Harbor January 23, 2012 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska y CITY COUNCIL MEETING AGENDA All-America City /1 {Please silence all cellular phones and pagers during the meeting} ► January 23, 2012 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be given the first opportunity to speak. Time is Vice Mayor limited to 3 minutes per speaker and 36 minutes total time for this Term Expires 2012 agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards - None B. Chamber of Commerce Report Vanta Shafer C. City Manager's Report Council Member D. Mayor's Report Term Expires 2013 E. Other Reports and Presentations - None Marianna Keil Council Member 7. UNFINISHED BUSINESS Term Expires 2012 A. Resolutions Requiring a Public Hearing Ristine Casagranda Council Member 1. Resolution 2012 -001, Approving A Land Exchange Of A 0.56 Acre +/- Term Expires 2012 Portion Of Lot 8A -1 For A 0.56 Acre +/- Portion Of Lot 6A -1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. James Hunt (Clerk's Note: This resolution was postponed from the January 9, 2012 City Manager Council Meeting. No public hearing has occurred, the motion was originally made by Bardarson and seconded by Shafer) Pg. 3 Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda January 23, 2012 Page 1 8. PUBLIC HEARINGS A. Ordinances For Public Hearing and Enactment 1. Ordinance 2012 -001, Amending Seward City Code 2.30.220 And 2.30.221 (A) And (C) To Change The Planning And Zoning Meeting Start Times To 7:00 P.M. And Set Adjournment No Later Than 10:30 P.M. And Further Clarify The Meeting Adjournment Requirements Pg. 20 9. NEW BUSINESS A. Resolutions *1. Resolution 2012 -006, Authorizing The City Manager To Sign An Agreement For Mutual Aid For The Provision Of Emergency Services With Emergency Service Providers On The Kenai Peninsula .... Pg. 28 2. Resolution 2012 -007, Authorizing The City Manager To Enter Into Amendment No. 2 To The Sale And Purchase Agreement With Chugach Electric Association To Facilitate Allowing The City To Purchase Electric Output Of Certain Small Renewable Power Production Facilities Pg. 36 3. Resolution 2012 -008, Authorizing The City Manager To Purchase An All -Wheel Drive Or Four Wheel Drive Vehicle In The Amount Not To Exceed $30,000 Pg. 43 4. Resolution 2012 -009, Authorizing A Delay In Remittance Of Capital Add -On Payments From Providence Seward Medical Center (PSMC) To The City of Seward In The Amount Of $2,071,323.96 To Cover Cash Flow Pg. 49 B. Other New Business Items *1. Approval of the January 9, 2012 City Council Meeting Minutes Pg. 53 2. Discussion on providing comments to the Department of Natural Resources for the land use permit application for the proposed "The Alaskan Wet Dog Race." Clerk's Note: Comment period ends January 26, 2012 at 5:00 p.m.. Pg. 65 3. Council direction to seek volunteers for Community Schools Open Gym. (Hunt) 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. November 2011 Providence Financial Report Pg. 122 b. Harbor Accounts Receivable Write Offs for 2011 Pg. 124 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss and review City Clerk evaluations. 15. ADJOURNMENT City of Seward, Alaska Council Agenda January 23, 2012 Page 2 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LAND EXCHANGE A 0.56 ACRE +1- PORTION OF LOT 8A -1 FOR AN 0.56 ACRE +/- PORTION OF LOT 6A -1, FORT RAYMOND SUBDIVISION REPLAT NO. 2, WITH THE KENAI PENINSULA BOROUGH AND APPROPRIATING FUNDS WHEREAS, the City of Seward has been granted funds by the state to build a new office /warehouse at the Fort Raymond Substation site as part of the substation upgrade; and WHEREAS, the City of Seward has developed plans for the office /warehouse, site drainage, electrical extension and pedestrian path; and WHEREAS, the project design would be facilitated by redrawing common property boundaries of certain city and borough owned land; and WHEREAS, this project would result in improved pedestrian access between the Seward Elementary School and Seward High School; and WHEREAS, all future plans and modifications after the land is acquired must go to the Planning and Zoning Commission per city code; and WHEREAS, the exchanged lands are of approximately equal area and are considered to be of approximately equal value; and WHEREAS, Under city code Title 7.05.120 which states, "The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. That the Council finds that exchanging a 0.56 acre +/- portion of Lot 8A -lof parcel number 14502621for an 0.56 acre +/- portion of Lot 6A -1, Fort Raymond Subdivision Replat No.2 with the Kenai Peninsula Borough is in the best interest of the City. Section 2. That the City of Seward Electrical department will be responsible for all surveying and platting costs associated with the property involved in the exchange. Section 3. That the City Manager is authorized to negotiate the exchange and execute the agreement substantially in the form of the one accompanying this resolution and any and all additional documents necessary to effectuate this resolution. CITY OF SEWARD, ALASKA RESOLUTION 2012 -001 Section 4. This resolution shall take affect 30 days upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of January, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) Council Agenda Statement Meeting Date: January 9th, 2012 Hof sF To: James Hunt, City Mana_ ♦ 9 . 0 1 From: John Foutz, Electric Utility Manager q p • Agenda Item: Land Exchange BACKGROUND & JUSTIFICATION: The City of Seward Electric Department is the recipient of a state grant as part of Alaska Railbelt Cooperative Transmission and Energy Company (ARCTEC). The grant is for $4,000,000 and includes a new office /warehouse. The chosen location for the office /warehouse is north of the new generator building, off of Sea Lion Avenue and across the street from the Seward Elementary School.(Please refer to attached AutoCad drawing) This location was chosen to give the electric department the ability to bring together personnel, materials and equipment close the backup generation facility as well as add a visually pleasing and sound suppressing barrier from the road and elementary school. To construct the new building at the most logical location the City must acquire land located to the west along Sea Lion Avenue currently owned by the Kenai Peninsula Borough. The land the electric department requires is approximately 0.56 acres and a similar apportionment was chosen to make the property swap beneficial to both the City and the Borough. Once the exchange is complete the City will also have the opportunity to do the three following beneficial steps; First, reroute the bike /pedestrian path to better match the flow of children between the Seward Elementary School and Seward High School, Second: reroute the existing drainage overflow ditch for the City's well field, and Third, bury an underground power line to the City's well pumps in a direct route. INTENT: To exchange the specified pieces of land with the approximate equal acreage with the borough to allow the City of Seward's electrical department to move forward with plans for an office /warehouse. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: The electrical department will be responsible surveying and platting costs from account no 501 -5110 -5910. Approved by Finance Department: ua P ATTORNEY REVIEW: Yes No RECOMMENDATION: Council approve resolution 2012 ! p ermitting the exchange of land between the City of Seward and Kenai Peninsula Borough. • Main Office (907) 224 -4050 sE • Police (907) 224-3338 CITY OF SEWARD 1 ' �� • Harbor(907)224 -3138 PO. BOX 167 7 • Fire (907) 224 -3445 SEWARD. ALASKA 99669 60.• e - • City Clerk (907) 224 - 4046 • Engineering (907) 224.4049 • Utilities (907) 224 -4050 • Fax (907) 224-4038 September 7, 2011 To: Kenai Peninsula Borough, Land Management Division This letter is a land exchange proposal for the Kenai Peninsula Borough (KPB) to consider exchanging and with the City of Seward (COS) bordering Seward's Fort Raymond electric substation. The land exchange would involve portion of KPB tax parcel ID # 14502620 and # 14502621. Four maps have been included for reference. The Autocad drawing shows the pieces of land initially proposed in the swap. The wide green line indicates the initially proposed sections; the borough would acquire the portion shown as 23,953 sqft and the City would acquire the section indicating 24,193 sqft. This land Exchange would benefit both KPB and COS. The benefits to KPB include additional and options close to all the major schools in the Seward area and COS' willingness to construct additional sidewalk on Sea Lion Avenue to accommodate the foot traffic between the elementary school and the high school. With the expected reroute of the bike path within city boundaries, the additional sidewalk will increase the safety of students, bikers and pedestrians, while creating a more direct route for the elementary students walking to the high school. This exchange could also be accomplished by the following alternatives: 1) The borough can consider an exchange of and as yet undetermined. 2) COS purchase the land from KPB based on a fair market value appraisal. With this and exchange, any survey and replatting costs would be split by the two entities. The City of Seward thanks you for considering this request. Please contact me at 907 - 224 -4071 or by email at jfoutz for further information or questions. Very Respectfully, •_S John Foutz Electric Utility Manager Kenai Peninsula Borough Property Report - 14502620 Wed Sep 7 2011 03 ::1300 PM p '1 i '' L---1 1 sr l nsJ 1` ` L . ` C r J I \ ` c I I I ._...g -,::,,,,, .•\• 2 .- ,.,. ."' , 8 / \ '',., '', A. \ 0 — \ R 8 L. \ \ % �� 2 llM.K•AYE .. - HFId:(N:K'AYF —�" l \ k Edll e uHEld[DCKAI'E /' - '` �MAp t \I / \ . L , / / / \ ,I SEP UON AVE - - p / I� ■ 1 YIdA�' y 7 / A z % ;�� 'i Z. ' > q / `(;� ., , a � � v R Ain" I/ / rr f 1 , ;, \O ,c 11 I_� , of , t \ T r i _ ti er / G \ , 1 ` � f .-� 500 m Z y } f __._ L.,-/t l_.cla-d 41 / 't Parcel Number: 14502620 Address: 605 SEA LION AVE Owner: SEWARD CITY OF dirA PO BOX 167 SEWARD, AK 99664 Tax Area: 40 - SEWARD CITY Usage Code: 100 Residential Vacant DISCLAIMER: The data displayed herein is neither a Acreage: 10.70 legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough Land Value: $1,220,000 assumes no liability as to the accuracy of any data Improvement Value: displayed herein. Original source documents should be $0 consulted for accuracy verification. Assessed Value: $1,220,000 Taxable Value: $0 Legal Description: T 1N R 1W SEC 34 SEWARD MERIDIAN SW 2002018 FORT RAYMOND SUB REPLAT NO 2 LOT 6A -1 Number of Structures: 1 Structure # Year Built Square Ft Structure Type Kenai Peninsula Borough Property Report - 14502621 Wed Sep 720 ?104: 29:56 PM r — 1 - '17\ .\ / \ '''(\ / / / ___i 1 \\I -.\ \ \ '-- \ e" \ ) \ ] I 1 - . TT M. T �' \ m , rol l C ' ------- f_T 1 —in _LI : \ ,,,\' \--4, _A- = I , 11 -IT ----- T - z - -- - :z4.4-2,.( .A - - ''' ' \ \-- r Ir' `�� 4 I 'a; \� C / /._,._:-, 0-- ____ ---- ? - 1 \ flu, . \ — \ c\ \ ' � �Jr[.reta_K-AVF� _Lijneocovf.. w peu(curiVE '' -�K - r \ . /--...-.......--- 1 4 1 /; ati $cnU01 /ta � -- /' 0 500m - p- � - . i Parcel Number: 14502621 Address: 600 SEA LION AVE Owner: KENAI PENINSULA BOROUGH N 144 N BINKLEY ST SOLDOTNA, AK 99669 Tax Area: 40 - SEWARD CITY Usage Code: 820 Institutional School DISCLAIMER.: The data displayed herein is neither a Acreage: 17.64 legally recorded map nor survey and should only be used g for general reference purposes. Kenai Peninsula Borough an Value: $1,634,500 assumes no liability as to the accuracy of any data displayed herein. Original source documents should be Improvement Value: $13,002,000 consulted for accuracy verification. 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Y rd Elem . v 1 r • Seward MiddleSchaal `KPB Property p 56-Ac . - . h b . ,f, , ' ` City of Seward Property r , 0.56 Ac. ,f Q 0',. ,u ` " ` - City of S rr r Electrical Gertermtrdrr ?F it f .` .. t I , ■ ' eward Hig , ___ I t - _ , ' f �t ' � � f _ 9, ' F N 0 85 170 340 510 680 KRS 11/17/11 A i i Feet .. LMD #11 -40 EXCHANGE AGREEMENT WHEREAS, the Kenai Peninsula Borough and the City of Seward are owners of certain real property that the City of Seward wishes to exchange; and WHEREAS, the objectives are to construct an office /warehouse building that would become a barrier between the elementary school and a backup generation facility as well as additional sidewalk on Sea Lion Avenue to accommodate foot traffic between schools; and WHEREAS, the parties have designed the exchange to include lands of approximate equal area and value; NOW, THEREFORE, this Agreement is made on this of , 2012, by and between the KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB "), pursuant to KPB Ordinance 2011 - enacted , 2012, and the City of Seward, an Alaska municipal corporation, whose address is P.O. BOX 167 Seward, AK 99664 -0167 (hereinafter referred to as "CITY OF SEWARD "). 1. KPB PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the KPB will convey all interest it has in the following described parcel of land ( "KPB Property ") to CITY OF SEWARD. The KPB makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the KPB Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the KPB Property for any particular purpose. CITY OF SEWARD shall have 30 days from the date of this agreement in which to inspect title to KPB Property and associated title records. If CITY OF SEWARD determine said title to be unacceptable, CITY OF SEWARD may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that CITY OF SEWARD accept title to KPB Property after having had a full opportunity to inspect the KPB Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 1 of 7 Property Description A 0.56 Acre +/- portion of Lot 8A -1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002 -18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. 2. CITY OF SEWARD PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the CITY OF SEWARD will convey all interest it has in the following described parcel of land ( "CITY OF SEWARD Property ") to KPB. The CITY OF SEWARD makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the CITY OF SEWARD Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the CITY OF SEWARD Property for any particular purpose. KPB shall have 30 days from the date of this agreement in which to inspect title to CITY OF SEWARD Property and associated title records. If KPB determine said title to be unacceptable, KPB may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that KPB accept title to CITY OF SEWARD Property after having had a full opportunity to inspect the CITY OF SEWARD Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. Property Description A 0.56 Acre +/- portion of Lot 6A -1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002 -18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. 3. CONSIDERATION KPB and CITY OF SEWARD agree that the property subject to this exchange is of similar value, and each party is benefitted by this exchange for their respective purposes, and therefore the land received by each party is the full consideration for the land conveyed under this agreement. Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 2 of 7 A 1 4. TITLE A. KPB PROPERTY Title shall be delivered to CITY OF SEWARD at time of closing by quitclaim deed. KPB conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. B. CITY OF SEWARD PROPERTY Title shall be delivered to KPB at time of closing by quitclaim deed. CITY OF SEWARD conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. 5. ESCROW AND CLOSING COSTS • Unless agreed otherwise, KPB and CITY OF SEWARD will be responsible for their respective costs under this Agreement. CITY OF SEWARD will be responsible for surveying and platting costs associated with this exchange. Settlement for costs shall occur no later than the date of closing. Property taxes shall be fully paid for each property by its current owner prior to closing. 6. CLOSING Unless otherwise agreed in writing, closing will occur within 90 days of plat recordation. KPB and CITY OF SEWARD will execute all documents required to complete the Agreement including signing required plat documents and, if applicable, establish an escrow account. 7. POSSESSION Possession shall be delivered at time of recording. Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 3 of 7 8. BREACH REMEDY Prior to closing of the sale, in the event that KPB or CITY OF SEWARD fail to make any payment required, or fail to submit or execute any and all documents and papers necessary for closing and transfer of title within the time period specified in this agreement, the other party may terminate this agreement. 9. MUTUAL DEFENSE AND INDEMNIFICATION To the extent allowed by law and subject to appropriation, each party shall indemnify, defend, save and hold the other party, their elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from their own performance or failure to perform in accord with the terms of this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the other party or their agents which are said to have contributed to the losses, failure, violations, or damage. However, neither party shall be responsible for any damages or claim arising from the sole negligence or willful misconduct of the other party, their agents, or employees. 10. HAZARDOUS MATERIAL Both parties covenant and agree that no hazardous substances or wastes shall be located on or stored on either property prior to closing. 11. ASSIGNMENTS This agreement may not be assigned. 12. MISCELLANEOUS A. Entire Agreement. This Agreement and the documents referred to herein contain the entire agreement of the parties with respect to the subject matter hereof. Any changes additions or deletions hereto must be made in writing and signed by both parties. Provisions of this agreement, unless inapplicable on their face, shall be covenants constituting terms and conditions of the exchange, and shall continue in full force and effect and will survive closing. Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 4 of 7 .1 B. Residential Real Property Transfers Act. The parties mutually agree that this transfer will not be covered by the Residential Real Property Transfers Act, AS 34.70.010 et seq. C. Development. Both parties agree to comply with all federal, state, borough and city regulations regarding use and development of the property, which includes but is not limited to State of Alaska, Department of Environmental Conservation regulations regarding water and sewer installation, and, if applicable, regulations of the U.S. Army Corps of Engineers regarding filling or draining any area within the property designated as wetlands by the appropriate authority. D. Time. Time is of the essence in performance of this Agreement. E. Cancellation. This agreement, while in good standing, may be canceled in whole or in part, at any time, upon mutual written agreement. This exchange agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. F. Entry or Re- entry. In the event that this agreement is terminated, canceled or forfeited, the owner or its agents, servants or representatives, may immediately or any time thereafter, enter or re -enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. G. Fire Protection. Both parties shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. H. Notice. Any notice or demand, which under the terms of this agreement or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such other address to which such notice of demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office by the addressor. Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 5 of 7 NNW I. Responsibility of Location. It shall be the responsibility of each party to properly locate improvements on the subject parcels. J. Construction. This Agreement shall be deemed to have been jointly drafted by both parties. It shall be constructed according to the fair intent of the language as a whole, not for or against any party. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Alaska. The titles of sections in this Agreement are not to be construed as limitations of definitions but are for identification purposes only. This Agreement has been executed by the parties on the day and year first above written. KENAI PENINSULA BOROUGH CITY OF SEWARD Mike Navarre, Mayor James Hunt, City Manager ATTEST: ATTEST: Johni Blankenship Johanna Kinney Borough Clerk City Clerk Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT i Page 6 of 7 1 � 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holly B. Montague Deputy Borough Attorney NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2012, by Mike Navarre, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2012, by James Hunt, City Manager of the CITY OF SEWARD, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: Kenai Peninsula Borough, Alaska KPB /CITY OF SEWARD — EXCHANGE AGREEMENT Page 7 of 7 in, Sponsored by: Planning and Zoning Commission Introduction Date: January 9, 2012 Public Hearing Date: January 23, 2012 Enactment Date: January 23, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012 -001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 2.30.220 AND 2.30.221. (a) and (c) TO CHANGE THE PLANNING AND ZONING MEETING START TIMES TO 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. AND FURTHER CLARIFY THE MEETING ADJOURNMENT REQUIREMENTS WHEREAS, the Commission wishes to have the Planning and Zoning meeting times changed so as to be consistent with the times of the City Council meeting and familiar to the public; and WHEREAS, at the November 15, 2011 Planning and Zoning meeting the Commission discussed and requested staff bring forward an ordinance for Council consideration amending the Seward City Code to change the Commission meeting time requirements by 30 minutes; and WHEREAS, sections 2.30.220(a) Meetings and quorum; 2.30.221.(a) & (c) Meetings time restrictions, of the Seward City Code need to be amended to reflect this change; and WHEREAS, upon enactment of this ordinance, section 2.30.221(a) is amended to further clarify the meeting adjournment requirements of the city; and WHEREAS, in addition to amending the Seward City Code, the Planning and Zoning Rules of Procedure will need to be amended by resolution following the enactment of this ordinance to implement this request; and WHEREAS, at the December 6, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: (Strikcthreughs = deletions and are bold; Underline = additions and are bold Italic) Chapter 2.30. Boards and Commissions 2.30.220. Meetings and quorum (a) The Seward Planning and Zoning Commission shall meet at 7:38 7:00 p.m. in the City Council chambers on the first Tuesday of each month. Special meetings may be held at the call of the chairman or the city manager, and at such other times as the commission may determine. [the remainder of SCC2.30.220 remains unchanged] CITY OF SEWARD, ALASKA ORDINANCE 2012 -001 2.30.221 Meetings — Time restrictions (a) The Commission shall take no official action or address any other items on the agenda after 44+04 10:30 p.m. The time for conclusion of business and adjournment is mandatory. In the event the Commission's business has not been completed by the time set herein, the Commission may adjourn recess the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) [remains unchanged] (c) The Commission shall not adjourn prior to 4-1:00 10:30 p.m. unless all presentations and comments by members of the general public have been heard. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23 day of January 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) City Council Agenda Statement Meeting Date: January 9, 2012 e yof SFs �`1F 1 Through Jim Hunt, City Manager Ron Long, Assistant City Manager 4 14 - igr-P From: Donna Glenz, Planner Agenda Item: Ordinance 2012- DOt amending Seward City Code 2.30.220 and 2.30.221 (a) and (c) to start Planning and Zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. and to better clarify the adjournment requirements of the City Code. BACKGROUND & JUSTIFICATION: In April of 2008 the City Council amended Title 2 of the Seward City Code changing the start and adjournment times of the City Council meetings by 30 minutes. Council also better clarified the City's adjournment rules. At that time the Planning and Zoning Commission chose not to amend the Commissions portion of the City Code addressing meeting times due to a possible conflict for one of the Commissioners. This Commissioner is no longer able to serve on the Commission and has resigned the position. The Commission now wishes to change the meeting times to be consistent with the times of the City Council meeting which will better serve the familiarity of the public. While amending these sections of the code, staff is requesting the same amendment Council approved clarifying the adjournment rules. In the past there has been some debate that the Commission cannot take action past the adjournment time, but could still allow citizen and commission comments when in fact the body must adjourn the meetings by the required time and is not permitted to address any other agenda items. Therefore staff and the Planning and Zoning Commission recommend the following changes to the code (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Chapter 2.30. Boards and Commissions 2.30.220. Meetings and quorum (a) The Seward Planning and Zoning Commission shall meet at 7:30 7:00 p.m. in the City Council chambers on the first Tuesday of each month. Special meetings may be held at the call of the chairs or the city manager, and at such other times as the Commission may determine. [the remainder of SCC2.30.220 remains unchanged] 2.30.221 Meetings — Time restrictions (a) The Commission shall take no official action or address any other items on the Seward City Council Agenda Statement — Ordinance 2012- OD \ Page 2 of 3 agenda after 1:40 10:30 p.m. The time for conclusion of business and adjournment is mandatory. In the event the Commission's business has not been completed by the time set herein, the Commission may adjourn the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) [remains unchanged] (c) The Commission shall not adjourn prior to 11:00 10:30 p.m. unless all presentations and comments by members of the general public have been heard. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes No Comprehensive Plan (2020) X 3.7.3 Continue to improve the quality and efficiency of city governmental services. Bullet 1 Continue to review and update of the Seward City Code. (page 27) Planning and Zoning Rules of Procedure: P &Z Rules of Procedure will need to be amended by resolution following the enactment of this ordinance to implement this request. INTENT: Amend the Seward City Code 2.30.220 and 2.30.221 (a) and (c) to start the Planning and Zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. and to better clarify the adjournment requirements of the City Code. FISCAL NOTE: None Approved by Finance Department: 04461Z bc.4 ATTORNEY REVIEW: Yes: X No: PUBLIC COMMENT: At the time of this publication the Community Development Department and City Clerk's Office have received no public comment. Seward City Council Agenda Statement — Ordinance 2012 - 0 Page 3 of 3 P & Z ACTION: At the December 6, 2011 Planning and Zoning meeting the Commission approved Resolution 2011 -15, recommending the City Council adopt the attached Ordinance to start planning and zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. and to better clarify the adjournment requirements of the City Code. RECOMMENDATION: Council introduces Ordinance 2012- O0\ , on January 9, 2012 and conducts a public hearing and adopts Ordinance 2012 - CD\ on January 23, 2012, amending sections of SCC 2.30.220 and 2.30.221 (a) and (c) to start Planning and Zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. and to better clarify the adjournment requirements of the City Code. Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011 -15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNC]1 AMVND SEWARD CITY CODE 2.30.220 AND 2.30.221 TO CHANGE TFIE PLANNING AND ZONING MEETING START TIMES TO 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. WHEREAS, at the November 15, 2011 Planning and Zoning meeting the Commission discussed and requested staff bring forward an ordinance for Council consideration amending the Seward City Code to change the Commission meeting time requirements by 30 minutes; and WHEREAS, sections 2.30.220 (a) and 2.30.221 (a) and (c) of the Seward City Code must be amended to reflect these change; and WHEREAS, in addition to amending the Seward City Code, the Seward Planning and Zoning Rules of Procedure must also be amended by resolution following the enactment of the attached Ordinance by City Council; and WHEREAS, these changes will result in the Planning and Zoning Commission meetings being called to order and adjourning consistent with the corresponding times of the City Council meetings; and WHEREAS, the public notification process has been complied with. NOW, 'THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2012-, attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. Seward Planning and Zoning Commission Resolution No. 2011 -15 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6 day of December 2011. THE CITY OF SEWARRD, ALASKA CL/ ) Sandie Roach', Chair AYES: Butts, Morgan, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: 4 ( �L ohanna Kinney, CMC City Clerk (City Seal) fA s �.p " S t �c f � t 4 :e, R d k�'i 1 " „paESYp,.. F`1 A i s `^ .�, 4' Q - re , _ : 4' C., Er ` <.: n F . r.! x 1. City of Seward, Alaska Planning Commission Minutes December 6, 2011 Volume 6, Page 4 6 6 Motion (EcklundButts) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: November 15, 2011 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011 -15 of the Seward Planning and Zoning Commission recommending the City Council amend Seward City Code 2.30.220 and r te_ •i ` 2.30.221 to change the Planning and Zoning meeting start times to 7 :00 P.M. and set adjournment no later than 10:30 P.M. Glenz noted the history of the meeting times for. City Council. She noted the resolution . requested the City Council to amend the Code regarding the Planning & Zoning Commission meeting start and adjournment times. The code change was to match the City Council times. No comments had been received from the public regarding the proposed time change. Roach' asked if the proposed time change would require action on the part of the Commission to change the scheduled time for work session meetings. Glenz stated the general work session times were covered by the Planning and Zoning Rules of Procedure and would required amendment once the code change was enacted by Council. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2011 -15 Motion Passed Unanimous Unfinished Business — None New Business Discussion of Commission availability and suggested work session dates in January with Council on Title 15 Code Update Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR MUTUAL AID FOR THE PROVISION OF EMERGENCY SERVICES WITH EMERGENCY SERVICE PROVIDERS ON THE KENAI PENINSULA WHEREAS, the City has found the need to request aid from emergency service providers throughout the Kenai Peninsula Borough with whom the city currently does not have signed agreements; and WHEREAS, the Kenai Peninsula Borough has found the need to request aid in areas of the Borough where there are no established service areas; and WHEREAS, non - service areas have some emergency response capability and have the authority to entered into mutual aid agreements; and WHEREAS, a signed mutual aid agreement will benefit all emergency providers and the residents of the Kenai Peninsula. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. City Council authorizes the City Manager to sign the Mutual Aid Agreement dated October 28, 2011, in substantially the form presented at this meeting, with the emergency service providers on the Kenai Peninsula. Section 2. The City Manager will ensure that adequate emergency equipment will be maintained in the City when the City responds to a mutual aid request outside of Seward. Section 3. The City Manager will advise Council of changes to the agreement while it is in effect. Section 4. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of January, 2012. Council Agenda Statement Meeting Date: January 23, 2012 f spy h: q Through: g Jim Hunt, City Manager e Qb From: David Squires, Fire Chief • Agenda Item: Agreement for Mutual Aid for the Provision of Emergency Services BACKGROUND & JUSTIFICATION: As a result of several incidents that have affected the entire Kenai Peninsula and the review of the response to those events, it was determined that we needed to expand the capability to request mutual aid throughout the Borough. The Borough government does not have explicit emergency response powers throughout the Borough other than within service areas (fire, ems, road), but there are non - service area providers who cover these areas. Under the State Statutes for declaring a disaster, the entity must have authority for the area affected to declare the disaster. So it has been a grey area if the Borough has the authority to declare a disaster in non - service areas for incidents that where they do not have powers. To correct this, the emergency providers on the Peninsula have proposed a mutual aid agreement between the agencies that will cover our needs and provides a resolution for this grey area for the Borough. INTENT: To ratify the proposed mutual aid agreement dated October 28, 2011 between the emergency providers on the Kenai Peninsula Borough which establishes the authority and procedures for requesting mutual aid. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No Policy - The City of Seward has established mutual aid with other agencies that can assist us. This agreement covers a wider group of agencies that can supply a variety of equipment and manpower. FISCAL NOTE: There is no fiscal impact associated with signing this agreement. Enactment of the agreement will have a fiscal note which should be covered within the operating budget or may be reimbursed by a disaster declaration. Approved by Finance Department: ae4.4a-z...4,,,„Asi, ATTORNEY REVIEW: Yes X No RECOMMENDATION: l ' City Council pass Resolution OO authorizing the City Manager to sign the Mutual Aid Agreement dated October 28, 2011 between emergency service providers on the Kenai Peninsula Borough and advises Council of any changes in the agreement while it is in effect. Mutual Aid Agreement AGREEMENT FOR MUTUAL AID FOR THE PROVISION OF EMERGENCY SERVICES By and Among THE KENAI PENINSULA BOROUGH ON BEHALF OF THE ANCHOR POINT FIRE AND EMERGENCY SERVICE AREA BEAR CREEK FIRE SERVICE AREA CENTRAL EMERGENCY SERVICE AREA KACHEMAK EMERGENCY SERVICE AREA LOWELL POINT EMERGENCY SERVICE AREA NIKISKI FIRE SERVICE AREA and CITY OF HOMER CITY OF KENAI CITY OF SELDOVIA CITY OF SEWARD COOPER LANDING EMERGENCY SERVICES, INC. HOPE SUNRISE EMERGENCY MEDICAL SERVICES, INC. MOOSE PASS VOLUNTEER FIRE DEPARTMENT NANWALEK VOLUNTEER FIRE DEPARTMENT NINILCHIK EMERGENCY SERVICES PORT GRAHAM VOLUNTEER FIRE DEPARTMENT SELDOVIA VILLAGE VOLUNTEER FIRE DEPARTMENT SEWARD VOLUNTEER AMBULANCE CORPS October 28, 2011 ..O SECTION I — Purpose: 1. This Agreement made pursuant to AS 18.70.150 establishes the authority and procedures whereby the parties to this Agreement provide Emergency Mutual Aid Services, upon request of a requesting agency and within the capability of each responding agency. 2. This Agreement is effective as of the last date of signature below. SECTION II — Policies: Support rendered under the terms of this Agreement will be limited to the boundaries of the specific designated protection areas and established policies of the agencies party to this Agreement. A map of each agency's service boundaries is attached hereto as Attachment A. SECTION III — General: 1. The President of the Peninsula Fire Chief's Association is designated as coordinator for all parties to this Agreement, in cooperation with the Kenai Peninsula EMS Coordinator. SECTION IV — Review, Re- Negotiation, or Amendment: 1. Review, re- negotiation, or amendment of this Agreement may be initiated at any time upon written request by any party hereto. 2. The Agreement will remain in effect until amended or terminated. 3. Amendments will be submitted in writing, will be approved by all parties hereto or their designated representatives and will be attached to and become part of this Agreement upon execution. SECTION V — Terms of Agreement: 1. It is agreed that participants will assist each other as provided by this agreement. 2. It is further specifically agreed and understood by and among the parties hereto that this Agreement does not and shall not create any monetary contractual obligations between or among the parties. 3. The Agreement may be terminated any time by mutual agreement. Any party hereto may withdraw by giving thirty (30) days advance written notice to all other parties hereto. 4. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting department if, for any reason, assistance cannot be rendered. (In no event shall any agency provide mutual aid to another agency if by doing so, the area of the October 28, 2011 agency responding to the aid of another would thereby be placed in jeopardy. This shall be determined in each instance by the Agency chief or designee of the area from which support is requested.) 5. The agency requesting assistance /aid will have in place an Incident Command System at the time of the request. 6. Aid may be requested by any agency in the form of personnel, equipment, facilities or materials for the purpose of assisting in fighting fires or responding to other emergency incidents. Request for aid shall include as much detail as circumstances and time allow. 7. Upon dispatch by the requested agency, the requesting agency shall at a minimum provide: a. concise directions to the location of the emergency and /or to the location at which the requested department's equipment /personnel will be staged; b. a description of the type of emergency and of the planned utilization of the requested agency's resources; c. designated communications channels for command functions as well as any tactical channels. 8. The agency chief or designee of the requested agency shall determine whether to respond in whole, in part, or to deny the request, based on a determination of what level of response can be provided, without unreasonably limiting the requested agency's abilities to meet its responsibilities within its own jurisdictional area. The agency chief or designee of the requested agency shall promptly notify the requesting agency of the level of response, if any, the requested agency will provide. 9. Upon arrival of the requested agency's resources at the incident scene, staging area, or cover assignment location, all such personnel, equipment, and materials shall remain under the command of the requested department's senior responding personnel. The requested agency's senior responding personnel shall report to and operate under the direction of the requesting agency's Incident Command. 10. Turn down of an assignment may be made at the scene of an incident, at the sole discretion of the requested agency's senior personnel, if he/ she determines that the requested agency's personnel, equipment, or materials are being exposed to . unnecessary or unreasonable danger, or if the requested agency's personnel do not have the training or resources required for the assignment. 11. The responding agency's senior responding officer shall coordinate any withdrawal or declination of assignment with the Incident Commander to mitigate the consequences of the withdrawal or declination of the assignment. After arrival at the incident, staging area or location of cover assignment, if it becomes necessary to withdraw a portion or all such requested personnel, equipment or materials, such withdrawal may be initiated at the sole discretion of the requested agency's senior personnel at the scene. October 28, 2011 12. The officers and personnel of the parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's jurisdictions for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre -fire and medical planning inspections and drills. 13. Responsibility for Liability. Each agency shall bear its own costs for responding to requests for aid under this agreement. Each responding agency shall be responsible for damages caused by its personnel's negligence while traveling to the scene, at the scene, and returning to the station of origin. In rendering emergency services, each agency will bear the responsibility to other parties for actions of its own personnel, and any liability incurred as a result of such acts. Nothing in this provision shall preclude individuals from being held personally liable for damage caused by their own intentional misconduct. 14. Cooperative agreements between the Alaska Department of Forestry or United States Forest Service and individual departments or agencies are not addressed or affected by this agreement. Any and all other mutual aid or automatic aid agreements between any of the undersigned parties are not affected by this agreement and supersede this agreement should any conflict exist. October 28, 2011 rm► SECTION VI — AUTHORIZATION: The following entities have reviewed this Agreement for Mutual Aid for the Provision of Emergency Services on the date indicated and agree that they concur to this Agreement as written. Kenai Peninsula Borough Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Anchor Point Fire & Emergency Service Area Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Bear Creek Fire Service Area Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Central Emergency Service Area Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): City Of Homer Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): City Of Kenai Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): City Of Seldovia Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): City Of Seward Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): City Clerk Attest: October 28, 2011 3Lk Cooper Landing Emergency Services, Inc. Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Hope Sunrise Emergency Medical Services, Inc. Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Kachemak Emergency Services Area Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Lowell Point Emergency Service Area Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Moose Pass Volunteer Fire Department Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): Nanwalek Volunteer Fire Department Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Nikiski Fire Service Area Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Ninilchik Emergency Services Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Port Graham Volunteer Fire Dept. Signature /Date Printed Name /Title Approved by resolution no. /board (if applicable): Seldovia Village Volunteer Fire Dept. Signature /Date Printed Name /Title Barabara Heights Volunteer Fire Department Approved by resolution no. /board (if applicable): Seward Volunteer Ambulance Corp. Signature /Date Printed Name/Title Approved by resolution no. /board (if applicable): October 28, 2011 ��1 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO. 2 TO THE SALE AND PURCHASE AGREEMENT WITH CHUGACH ELECTRIC ASSOCIATION TO FACILITATE ALLOWING THE CITY TO PURCHASE ELECTRIC OUTPUT OF CERTAIN SMALL RENEWABLE POWER PRODUCTION FACILITIES WHEREAS, Chugach Electric Association (CEA) and the City of Seward entered into a 2006 Agreement Sale and Purchase of Electric Power and Energy ( "Agreement "); and WHEREAS, the parties wish to amend the Agreement to address small, renewable power production facilities who may sell power to the City; and WHEREAS, the Amendment No. 2 addresses small power projects that have a nameplate capacity of greater than 25 kW, but not greater than an aggregate of 350 kW; and WHEREAS, the Amendment No. 2 also recognizes the City's right to purchase electric power from small on -site retail customers of the City whose facilities have a nameplate capacity of 25kW or less, provided that the total does not exceed 1.5% of the City's average retail demand; and WHEREAS, interconnection of power generation systems of third parties may facilitate allowing the City to offer financial reimbursement from eligible general sources to its retail customers; and WHEREAS, the effectiveness of Amendment No. 2 is subject to approval by the Regulatory Commission of Alaska (RCA); and WHEREAS, CEA will request approval from RCA. 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 Amendment No. 2 to the 2006 Agreement with Chugach Electric Association, Inc., in substantially the form presented at this meeting. Section 2. This resolution shall take effect immediately upon its adoption. to Council Agenda Statement Meeting Date: January 23, 2012 r s td Through: Jim Hunt, City Manager From: John Foutz, Utility Manager q� Agenda Item: Authorizing the City Manager to enter into Amendment No. 2 with Chugach Electric Association, Inc. regarding small renewable energy production facilities BACKGROUND & JUSTIFICATION: Chugach Electric Association (CEA) and the City of Seward are parties to the 2006 Agreement for the Sale and Purchase of Electric Power and Energy. Both parties would like to amend the agreement to facilitate allowing the City to purchase the electric output of certain small, renewable non - utility power production facilities. The eligible facilities would have a nameplate capacity of greater than 25 kW, but not greater than an aggregate of 350 kW, located within Seward's electric service area. Amendment No. 2 addresses the methodology for allowing the City to purchase power from certain eligible facilities. The amendment also recognizes that the City may purchase power from retail customers of the City who operate on -site facilities with a nameplate capacity of 25 kW or less, provided that the total nameplate capacity of all Seward net metered generation facilities is less than 1.5 percent of the City's average retail demand. Effectiveness of the Amendment No. 2 is subject to RCA approval. CEA will submit the amendment to RCA for its approval. INTENT: The passage of Amendment no. 2 to the power sales agreement with Chugach Electric Association, Inc. addressing renewable power generation. 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. Other: ATTORNEY REVIEW: Yes X No FISCAL NOTE: The impact of this action is unknown and will depend on the amount of energy produced, if any, which would be resold to the city. Approved by Finance Department: RECOMMENDATION: Council adopt Resolution 2012- 001 authorizing the City Manager to enter into Amendment No. 2 to the 2006 Agreement with Chugach Electric Association. AMENDMENT NO. 2 to the 2006 AGREEMENT FOR THE SALE AND PURCHASE OF ELECTRIC POWER AND ENERGY between CHUGACH ELECTRIC ASSOCIATION, INC., and the CITY OF SEWARD WHEREAS, Chugach Electric Association, Inc. ( "Chugach ") and the City of Seward, Seward Electric Utilities Division ( "Seward ") are parties (hereinafter jointly referred to as the "Parties ") to (1) the 2006 Agreement for the Sale and Purchase of Electric Power and Energy between Chugach Electric Association, Inc., and the City of Seward; and (2) Amendment No. 1 to that agreement; both of which were effective February 27, 2007 (collectively, the "Agreement "); WHEREAS, the Parties desire to amend the Agreement to facilitate Seward purchasing the electric output of certain small, renewable non - utility power production facilities having a nameplate capacity of greater than 25 kW, but not greater than 350 kW in the aggregate, that are planned by small power producers in Seward's service area ( "Small Power Projects "); WHEREAS, the intent of the Parties in this Amendment No. 2 to the Agreement ( "Amendment No. 2 ") is to allow Seward to purchase the electric output from Small Power Projects, subject to the provisions of Section A of this Amendment No. 2, on terms that are financially neutral to both Chugach and Seward for wholesale power service provided to Seward, without changing Seward's status under the Agreement as a partially interruptible requirements customer of Chugach; WHEREAS, the Parties desire to amend the Agreement to facilitate Seward offering net metering service from eligible on -site generation sources to its retail customers without attendant compensation to Chugach, as detailed in Section B of this Amendment No. 2; WHEREAS, the Parties intend that except as specifically stated herein, this Amendment No. 2 to the Agreement shall not in any way change or diminish the Parties' respective rights and responsibilities under the Agreement, and shall not be considered as agreement to, or precedent for, future changes in the Parties' rights and responsibilities under the Agreement; and WHEREAS, the changes set forth herein shall not become effective unless and until this Amendment No. 2 is approved by the City Council of the City of Seward and by the Regulatory Commission of Alaska. NOW, THEREFORE, consistent with the above, the Parties agree to amend the Agreement as set forth below: Page 1 of 5 A. New Section 3(g). The Parties agree to add a new Section 3(g) to the Agreement as follows: 3(g). Treatment of Small Power Production Projects. (1) For purposes of this Section 3(g), "Small Power Project" shall mean an Eligible Non - Utility Generation facility that has a nameplate capacity of greater than 25 kW, but not greater than 350 kW, is not a net metered generation system, and sells its electric output to Seward. (2) For purposes of Section 3(g) and Section 3(h), "Eligible Non - Utility Generation" shall mean electric generation from one or more of the following sources: (A) Solar photovoltaic and solar thermal energy; (B) Wind energy; (C) Biomass energy, including landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (D) Hydroelectric, geothermal, hydrokinetic energy or ocean thermal energy; and (E) Other sources that generally have similar environmental impacts. (3) The aggregate installed capacity of all Small Power Projects selling electric output to Seward shall not exceed 350 kW. (4) Chugach's monthly invoice to Seward shall be reduced by a dollar amount equal to the kWh received by Seward from the Small Power Projects multiplied by Chugach's tariffed rate for non -firm power purchases for that billing month. Specifically, unless and until an alternative avoided cost calculation is developed, the "Non -firm power rate" on the approved Chugach Tariff Sheet No. 97 (Purchase and Sales Rates for Qualified Cogeneration and Small Power Production Facilities) for each month shall be used to determine the amount by which Chugach's invoice shall be reduced based upon Seward's purchases from Small Power Projects. At any time prior to the end of this Agreement, Chugach may propose to the Commission an alternative avoided cost calculation to apply to Seward's purchases from Small Power Projects. Prior to filing any such proposal, Chugach shall meet with Seward to discuss how the proposed change, if approved, would affect Seward's monthly invoice. Any changes in the calculation of the avoided cost rate(s) are subject to the standard review and adjudicatory processes of the Regulatory Commission of Alaska. Seward reserves the right to oppose any such proposal before the Commission. Page 2 of 5 (5) Payments made by Seward for purchases from a Small Power Project shall not be less than the reduction to Seward's billings from Chugach for the kWh received by Seward from the Small Power Project, as described in Section 3(g)(4), above. (6) Except for the reduction in Chugach's monthly invoice to Seward computed pursuant to Section 3(g)(4), all rates and resulting invoices charged by Chugach to Seward shall be computed as if the electric capacity and energy received by Seward from Small Power Projects were received from Chugach. The wholesale billing rates charged by Chugach to Seward shall not be reduced to reflect any contribution of capacity from Small Power Projects. Energy - related costs other than fuel and purchased power that are presently included in the rates charged by Chugach to Seward shall not be reduced to reflect electric capacity or energy received by Seward from the Small Power Projects. For the remainder of the term of this Agreement, Chugach's rates for Seward's purchases of capacity and energy (including both monthly billing demand and determination of contribution to overall system peak and Total System Demand for ratemaking purposes) shall be calculated as if the amounts of capacity and energy taken from Small Power Projects by Seward were actually taken from Chugach. (7) For purposes of Chugach's quarterly Fuel and Purchased Power Cost Adjustment Factor updates (Chugach Tariff Sheets No. 94 et seq.), the amounts credited to Seward pursuant to Section 3(g)(4) for Seward's purchases of electric capacity and energy from Small Power Projects will be considered part of Chugach's system costs. Those costs shall be apportioned to all classes of service, including Seward, consistent with established cost assignment methodologies. (8) All of Chugach's remaining obligations under this Agreement remain unchanged. (9) Before allowing a Small Power Project to interconnect with Seward's facilities or equipment, or accepting any electric capacity or energy from a Small Power Project, Seward shall confirm, to Chugach's satisfaction, its ability to provide Chugach with data that are compliant with and subject to all metering requirements of this Agreement. Seward shall require by contract with the Small Power Project that the Small Power Project will (A) pay to Chugach the installed cost of the Chugach meter /recorders designated by Chugach as necessary for Chugach to record the energy and capacity supplied by the Small Power Project to Seward; (B) provide, without charge, a telephone line (dedicated or shared) for telephone access by Chugach to the Chugach meter /recorders; and (C) provide to Chugach, without charge, full access to any Chugach -owned meter /recorders on the premises of the Small Power Project and any other rights that Chugach has with respect to other meters under this Agreement. Page 3 of 5 B. New Section 3(h). The Parties agree to add a new Section 3(h) to the Agreement as follows: 3(h). Treatment of Net Metered Non - Utility Generation. (1) For purposes of this Section 3(h), "Eligible Non - Utility Generation" shall have the meaning set forth in Section 3(g)(2). (2) This Agreement shall not be construed to prohibit Seward from purchasing or receiving from a Seward retail customer the electric output from an on -site Eligible Non - Utility Generation facility under a net metering service arrangement with the Seward retail customer, provided that the facility has a nameplate capacity of 25 kW or less, and provided that the total nameplate capacity of all Seward net metered generation facilities is less than 1.5 percent of Seward's average retail demand. (3) Chugach's rates for Seward's purchases of capacity and energy (including both monthly billing demand and determination of contribution to system peak, total system demand and energy requirements) under this Agreement shall be based on actual Chugach billing determinants. In this manner, the impact of net metering installations will be to reduce Seward's billing load and cost responsibility by the amount of actual generation received by Seward from net metered facilities. C. No part of this Amendment No. 2 shall be interpreted to have amended the Agreement until this Amendment No. 2 has been approved by the City Council of the City of Seward and by the RCA. It is expected that the City Council of the City of Seward will take action regarding this Amendment No. 2 on January 23, 2012. The Parties agree to use their best efforts to obtain prompt approval of this Amendment No. 2 by the RCA. D. Notwithstanding Section C of this Amendment No. 2, Chugach agrees that Seward may begin negotiations with the owners of Small Power Projects for agreements to purchase the electric output of those projects immediately upon the Parties having signed this Amendment No. 2, and that such negotiations will not be considered a violation of the Agreement. E. The Parties agree that this Amendment No. 2 shall not preclude Chugach from negotiating directly with any Small Power Projects or with any other power supplier to purchase electric output. Page 4 of 5 \ CHUGACH ELECTRIC ASSOCIATION, INC. By: Its: Date: CITY OF SEWARD, SEWARD ELECTRIC UTILITIES DIVISION By: Its: Date: Attest: Clerk, City of Seward Page 5 of 5 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE AN ALL -WHEEL DRIVE OR FOUR WHEEL DRIVE VEHICLE IN THE AMOUNT NOT TO EXCEED $30,000 WHEREAS, the Seward City Council has been presented in the 2012 motor pool budget a vehicle replacement for number 526 a Chevrolet Blazer, in the amount of $40,000; and WHEREAS, the old vehicle 526 has been decommissioned and recommissioned at least three times; and WHEREAS, due to maintenance issues vehicle 526 has become inordinately expensive, including an as yet unindentified electrical short, that continually discharges the battery; and WHEREAS, a vehicle that will be required to venture off road during emergency situations has been selected; and WHEREAS, the Electric Department has identified the Subaru Forester as a vehicle that will accomplish the identified needs; and WHEREAS, due to safety concerns vehicle 527cannot be used as a trade -in as it is unlikely to make it to Anchorage and have very little trade -in value if it did; and WHEREAS, under city code Title 6.10.310.A, which states, "a department head may recommend an alternative procurement procedure to the City Manager if such procedure will best serve the needs of the City and accomplish the objectives of this title." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase a four - wheel -drive or all wheel drive vehicle in a not to exceed amount of $30,000. Section 2. The funds will be allocated from the Motor Pool Purchase account number 102- 1020 -5930. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of January, 2012. L\2 Council Agenda Statement Meeting Date: January 23, 2012 ' Through: James Hunt, City Manager From: John Foutz, Electric Utility Agenda Item: Purchase of New Vehicle to replace vehicle number 526 BACKGROUND & JUSTIFICATION: In the 2012 motor pool fund the amount of $40,000 is allocated to purchase a new vehicle to replace a 1992 Chevy Blazer (vehicle # 526 formerly # 304). The electric department started searching for options because this vehicle needs replacing due to serious and continued maintenance issues. This vehicle is essentially needed by the electric department to transport the field engineer, tools and materials throughout the electric system. The electric department also recognizes that value of transitioning to a more economical vehicle for purposes of commuting to Anchorage for meetings and trainings, however the new vehicle must also go to service locations outside the normally maintained road system. Therefore an all -wheel drive vehicle is required. The option of using the twenty - year -old old vehicle as a trade -in has been explored, but because of doubts about the likelihood of the vehicle safely making it to Anchorage and the low estimated resale value, the idea was discarded. The base price of the new vehicle will be less than $30,000, and the additional appropriation will cover the costs of the necessary lights and modifications for electric department use. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Funding in the amount of $40,000 is available in the 2012 motor pool budget. Cost of the vehicle will not exceed $30,000. Approved by Finance Department: , Attorney Review: Yes No RECOMMENDATION: Council approve Resolution 2012- (:!U% , authorizing the City Manager to purchase a replacement vehicle for the 1992 Chevy Blazer number 526. 13A Truck #526 A.K.A 304 Parts Price Parts Price Wiper Blades $14.88 Needs Now Battery Cable $10.77 Steering Column $1,200.00 Starter $55.95 Rear Brake Drums $111.78 Air filter $11.97 Rear Brake Shoes $35.78 Oil filter $9.33 Rear Brake Spring Kit $11.65 Fuel filter $21.91 Self Adjuster Repair Kit L &R $32.64 Oil seal $24.40 Wheel Cylinder $28.58 Distributer Cap $22.97 U -Joint $27.74 Distributer Rotor $6.69 Rear Differential Fluid $10.00 Spark Plugs $14.63 Rear Differential Seal $6.29 Spark Plug Wires $38.99 Pinion Seal $13.00 Ignition Coil $61.99 Locker Front $70.00 Battery Cable $81.55 Locker Rear $70.00 Distributer $116.59 Est. Labor $32.00 ...-C- Radiator Hose $16.77 Radiator Hose $21.29 Total Parts $1,617.46 ti` Radiator Clamps $4.76 Total Labo $1,280.00 Water Pump $38.99 Total $2,897.46 Serpentine Belt $33.33 Needs Repair Thermostate Regulator $5.88 Radio Thermostate Housing $1.88 Spot Light Wiper Motor $98.65 Head Liner Head Light Switch $18.54 Strobe Light Windsheild Wiper Combo Switch $102.12 Wiring Hamess Through Entire Truck ABS Control $790.00 Est. Labor $24.00 Loaded Front Calipers $105.78 Tie Rod End $49.99 Rotors $128.89 Total Parts $0.00 Sway Bar Repair Kit $55.85 Total Labo $960.00 Labor $30.00 Total $960.00 Total Parts $1,965.34 Total Labor $1,200.00 Total Cost $7,022.80 Total $3,165.34 ZIP home I car values I cars for sale I car reviews 1 kbb top pi. = .A1Willit6—.‘ ..._-_--;L• !;.,_-_---. 2012 Equino) EPA-ESTIMATED 32 MPG HWY UP TO A •-i4!...., GOO MILE HIGHWAY DRIVING RANGE, irl :-:.:'FINDA.DsetLE' ‘.......—, .-at:. 4.g Arnim. ' 4161"ma - 1T9 why Horne i. Research & Explore ‘,. 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This currently amounts to $240.07 per patient day, and the City utilizes 100% of these receipts to cover repayment of principal and interest payments on the Seward Mountain Haven revenue bonds; and WHEREAS, as of December 31, 2011, PSMC has received $2,071,323.96 in capital add -on payments which it has not yet passed on to the City due to operational shortfalls resulting from an average daily census of 32 and reimbursement rate disputes with the State of Alaska; and WHEREAS, a temporary delay in reimbursement from Seward Mountain Haven will mitigate a cash shortfall and reduce the need to borrow money from PH &S and pay interest on said borrowing; and WHEREAS, the City expects that PSMC will remit sufficient funds to the City to ensure timely payment of upcoming bond payments in 2012 and 2013, and that once a plan is in place to mitigate this shortfall, full reimbursement will be made to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby authorizes a delay in remittance of $2,071,323.96 from PSMC to the City representing a portion of the 2011 capital add -on portion of SMH revenues, to be booked as a loan receivable from PSMC at December 31, 2011. Section 2. It is fully expected that PSMC will remit payments sufficient to cover the timely payment of revenue bond debt service payments in 2012 and 2013, and that the full reimbursement of this short-term loan will be made by PSMC within a reasonable timeframe. CITY OF SEWARD, ALASKA RESOLUTION 2012 -009 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 23r day of January, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) 50 Council Agenda Statement r of sF Meeting Date: January 23, 2012 / 9 Through: James Hunt, City Manag' From: Kristin Erchinger, Finance Director Agenda Item: Delay in remittance of capital add -on reimbursement from PSMCC BACKGROUND & JUSTIFICATION: The City of Seward (City) owns the local hospital and long -term care facility (PSMCC) which are operated by Providence Health & Services (PH &S) under management agreement with the City. The City is financially responsible for the operations of the health facilities. The City receives monthly payments from PSMCC reflecting the capital add -on component of the revenues from the long -term care facility. This currently amounts to $240.07 per patient day. The City utilizes 100% of these receipts to cover debt service payments at Seward Mountain Haven (SMH). The annual debt service payments on Seward Mountain Haven are approximately $1.97 million. The debt repayment schedule on the SMH bonds was originally designed to allow for a build -up of reserves in the debt service reserve fund (Fund) in the initial years of the facility's operations. This strategy was employed to enable the City to ensure sufficient cash in the Fund to pay debt service payments when due, and also to ensure that capital reimbursement - related revenues would not be used to cover operating costs which could result in insufficient funds to meet bond payments in later years. Since opening in October, 2009, PSMCC has received $6,302,535.49 in capital add -on payments and has passed on $4,231,211.53 to the City, leaving an amount due to the City at December 31, 2011 of $2,071,323.96. Bond payments totaling $3,248,325 have been paid through capital add -on payments. The current amount of cash available to make debt payments is approximately $982,000. Debt payments are due in the amount of $1.3 million in April and $611,581 in December. PSMCC will forward the cash necessary to timely make those bond payments. In 2011, PSMCC has withheld forwarding a portion of capital add -on payments to the City due to a combination of issues: 1) the facility has been in dispute with the State of Alaska over more than $2 million in cost report reimbursements, and settlement of this dispute in PSMCC's favor could result in a break -even financial bottom line; 2) Seward Mountain Haven has experienced an average census of 32 in 2011 resulting in anticipated financial losses barring a positive outcome in the dispute with the State; and 3) to the extent that PSMCC has to borrow cash from PH &S, they are charged interest. At this time, it appears that litigation may be the only viable option for resolving any remaining rate disputes with the State. The administration recommends authorizing a delay in reimbursement from Seward Mountain Haven until the funding dispute with the State can be resolved, and until such time as the census is stabilized at a minimum of 38 elders. This will reduce the amount of additional interest expense charged to the facility. PSMCC will forward sufficient funds to ensure there are adequate reserves available to meet annual debt service requirements. In the near term, the administration is meeting g1 City of Seward Resolution 2012- 00 Page Two with PH &S leadership to develop a plan to strengthen the census at Seward Mountain Haven, as well as to identify other strategies to improve the financial sustainability of the healthcare system. In the longer -term, the City's healthcare system maintains financial flexibility due the pending maturity of existing hospital bonds in April 2013. After that time, the one - percent sales tax dedicated to healthcare in Seward (approximately $980,000 per year) can be utilized to fill the debt payment funding gap if necessary, as pledged in the bond covenants for the new long -term care facility. INTENT: This resolution provides a short-term non - interest - bearing loan to PSMCC for the purpose of covering cash flow, by allowing PSMCC to delay remitting capital add -on reimbursements to the City from Seward Mountain Haven. It is expected that PSMCC will forward those reimbursements to the City at such time as it resumes a positive cash flow, and/or if it succeeds in its challenge to the State's reimbursement rate. This resolution intends for these capital add -on funds to be paid to the City. CONSISTENCY CHECKLIST: Where applicable, this resolution /ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: This resolution authorizes a delay in the remittance of capital reimbursement monies from PSMCC to the Seward Mountain Haven Debt Service Fund, but expects receipts sufficient to ensure timely payment of bond debt service payments in 2012 and 2013. Finance Department: RECOMMENDATION: 1 City Council approve Resolution 2012- authorizing the delay in remittance of capital add -on payments from PSMCC to the City of Seward. City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page CALL TO ORDER The January 9, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Ron Long, Assistant City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Keith Campbell said he was there to respond to an article regarding the Fourth of July Beach which brought to mind Seward's forty year history of purposefully trying to separate industrial endeavors from peoples' residential life, and cautioned council to review the history and studies that had been done and to be careful about what was put into print and its impact on public perception. Carl Hughes thanked them for the opportunity to apply for the Port and Commerce Advisory Board. He hoped to bring a fresh insight with his experience in various marine industries he had worked in. Tim McDonald said Resolution 2012 -004 gave any one of the four people signing too much authority and there was no accountability. His concern was that one person could have the authority to have access to the city's funds without any oversight. He stated it was a poor resolution and should be voted down. Deborah Altermatt announced the Seward Rotary Club's annual wine tasting and dessert auction would be held on February 4, 2012 at the Breeze Inn. This year the Boys & Girls Club would receive the proceeds. She hoped the council and community would attend and provide their support. City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Marilyn Sutherland announced the Polar Bear Jump Off was coming up on January 21, 2012. Because of the success of the event, they had reached the capacity of 150 jumpers. The American Cancer Society needed only $114,000 to reach their $2 million goal. This program benefited all children under 18 years old with cancer on the Kenai Peninsula. She handed out a schedule to council for the many events of the weekend, including the frozen turkey bowling event that would be held at the American Legion. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil /Shafer) Approval of Agenda and Consent Agenda Councilmember Shafer pulled Resolution 2012 -004 from the consent agenda in order to have further discussions. Motion Passed Unanimous The clerk read the following approved consent agenda items: The October 24, 2011 City Council Regular Meeting Minutes and the December 12, 2011 Regular City Council and Special Meeting Minutes Were Approved. There was a non - objection for the liquor license renewals for the Breeze Inn, Chinooks Waterfront, the Marina Restaurant and the Peking Restaurant. Council agreed to continue the Port and Commerce Advisory Board for another year. Ordinance 2012 -001, Amending Seward City Code 2.30.220 And 2.30.221 (a) And (c) To Change The Planning And Zoning Meeting Times To 7:00 P.M. And Set Adjournment No Later Than 10:30 P.M. And Further Clarify The Meeting Adjournment Requirements. (INTRODUCED) Resolution 2012 -002, Amending The City Council Rules Of Procedure To Amend Rule 27, Addressing The Council By The Public — Citizen's Comments And Discussion, To Reflect The Time Limit From Two Minutes To Three Minutes Per Person And The Total Time From Not More Than 30 Minutes To Not More Than 36 Minutes. Resolution 2012 -005, Accepting An Exxon Valdez Oil Spill Trustee Council Grant In The Amount Of $89,725 For A Vessel Wash -Down And Wastewater Recycling Facility At The Seward Marine Industrial Center, And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read and presented for the 2012 Polar Bear Jump Off. City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Ron Long was recognized with an engraved plaque for his service on the Port and Commerce Advisory Board. Borough Assembly Report, Sue McClure stated the Assembly met last Tuesday for the first meeting of the year. They postponed Ordinance 2011 -042 regarding the Seward land swap in Fort Raymond Subdivision at the request of the Planning Commission. It would be addressed at the February 14, 2012 meeting. It was suggested by the Planning Commission that Seward was getting the advantage in the land swap as the land they would receive was roadside. At the next Assembly meeting on January 17, 2012 they would be acting on the Ordinance to accept and appropriate the cruise ship head tax money, which had been postponed so the new City Manager and Borough Mayor could meet with the Bear Creek Fire Department to clarify the statutory language involved. It was the opinion of the borough that the two cities impacted (Seward and Homer) should receive these funds. The State capital project priorities had been set into tiers: Tier 1 included extending gas pipeline from Anchor Point to Kachemak City; repairs for school running tracks; hazardous tree removal; and extending security cameras in the borough schools and buildings. There was a group of surgeons who would like to open an ambulatory surgical center in Kenai. It was decided that there needed to be a Resolution done for this. Last year, the Assembly authorized a working group to discuss pet evacuations in the event of an emergency; they met today and were getting closer to finding places to put pets during emergencies. As a result of Hurricane Katrina, there now was a federal mandate that required cities to have a program in place. The Seward Bear Creek Flood Service Area Board still had vacancies; the question was still out there if the borough could change one of the city seats to an area -wide seat; regardless, the seats needed to be filled. In response to Councilmember Keil, McClure said there were no Tier 1 projects that were Seward - specific, but things like running track repairs would affect Seward. In response to Councilmember Valdatta, McClure said the properties for swapping were not land- locked. In response to Councilmember Terry, McClure said the hazardous tree removal would be extending the spruce bark beetle kill project, as the funding for that was running out. City Manager's Report, Assistant City Manager Ron Long stated there were no purchases approved by the City Manager for between $10,000 - 50,000 since the last Council Meeting. The following request for proposal had been released by the Harbor: Vessel Wash Down Pad and Wastewater Recycling Facility at SMIC. The criteria to evaluate request for engineering proposals included: Cost = 30 Points • Project budget compared to proposed cost of services Statement of Qualifications = 40 Points • Experience in Seward and /or Alaska with port & harbor engineering = 10 • Years in Business, Number of Jobs = 10 • Experience designing similar projects = 10 • Plan for Permitting = 10 Organizational Structure = 15 Points • Describe the resources to accomplish the engineering work = 5 • Describe previous lawsuits involving the City of Seward (including judgments, settlements, or liquidated damages arising from previous City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page engineering contracts) and ANY other legal conflicts during the past 5 years with all clients = 5 • Describe the approach to achieve the most cost efficient project = 5 References = 10 Points • Provide comprehensive list of port customers over the past 5 years and at least 2 references with contact information = 5 • Phone call to references by City of Seward with these specific questions = 5 - Compliance with guidance and /or changing requirements? - Responsiveness to communications? - Completion on time and within budget? - Quality and timeliness of plans and specifications? - Accuracy and quality of billing and accounting information? Clarity of Proposal = 5 Points • Deliverables = 1 • Approach to the Project = 1 • Documentation = 1 • Permitting = 1 • Timeline = 1 Harbor /SMIC: Staff had been working on slip renewals; currently at 92.5% response rate. During December the harbor received more than $ 839,000 in payments. Ron Long and Harbormaster Mack Funk met with Coastal Village Region Fund General Manager Nick Souza at their Anchorage offices on December 21, 2011 to discuss the project; CVRF said they were entertaining offers and /or ideas from private businesses on how they could help the project. Cruising World magazine featured Seward in an article written by a couple from New Zealand who spent a winter on their boat in the harbor. The harbor crew was ready for the Polar Bear Jump Off weekend January 20 -22, 2012. Public Works: Staff met regarding the SMC Dolphin Project with PND and PP &M for a pre - construction kick -off meeting December 9, 2012. According to the schedule, construction would begin February 23, 2012 and would be complete April 16, 2012. Biweekly teleconferences would be held until construction begins followed by weekly meetings after construction begins with all involved parties. Staff was also working with engineers to complete the necessary update to the Lowell Point Wastewater Plant Operations & Maintenance manual, as well as compliance issues with Seward Marine Industrial Center and Lowell Point Wastewater Treatment Plants. They were also working with the Alaska Department of Energy Conservation to complete the Maple Street Sewer Line loan application for FY2012 and would present a resolution at the January 23, 2012 for council approval. As well, they were finishing the final audit from the Environmental Protection Agency on the Lift Station #3 Electrical Upgrades Project and were preparing files and documents for the Phase 1 NSWST and EECBG EPA audit. In response to Shafer's question regarding the windmill for AVTEC, Long said the Electric Department was having discussions with AVTEC, and it was moving forward. Foutz added that the resolution coming to council to amend the contract with Chugach Electric to purchase power from other entities would be on January 23, 2012. He added that AVTEC had a building permit in with the building department, and it was being processed. Concerning construction, the last update was they had finished digging in the conduit and installing the switchgear. Regarding the interconnect, Foutz 3 City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Pa was still working on that, but they had given AVTEC an interim approval so they didn't have to wait for the city's interconnect policy to begin generating. Terry wanted to know the city wasn't following the policy of not allowing people to interconnect, because the code stated there was an appeal process. Foutz said last night's power blip was a tree falling on a line that caused a transmission wire to touch a distribution wire. Chugach Electric was in town for their repair work in Moose Pass. Their crew was staying in town due to the upcoming storms. Councilmember Terry brought up Homer Electric's program regarding a wood pole test and treat program which was a ten -year cyclical program where they proactively improve the structural integrity of power poles. Terry wondered what Seward's program was for its wood poles. Foutz replied that the city did not have an organized program at this time. In response to Shafer, Foutz responded that all generators were fully functional as of the last update he received. She was also concerned about whether there was a means in place of asking citizens to conserve power when the city was running on generator power. Foutz responded that they were looking at various means of communicating to the public to conserve power when the city was running on generator power, including messages on the city's website. Casagranda wanted to know if the TYC ice rink would be plowed again; Long said he'd have to look into that as there was no one present from the Public Works department to respond. Valdatta inquired about the work that Alcan was doing for several days at Mile 18; Foutz replied that they were doing work on one wire of a three -wire distribution system that was on the ground. The city did not have the appropriate equipment to do the work so they contracted Alcan to do the work. Bardarson asked about the snow blower and when would it be repaired. Long said the part may be delivered early next week, and the repair work would take a day and a half after that. Councilmember Shafer said it seemed like the snow blower needed repairs every winter, and wondered if the snow blower was actually cost effective to keep. Long said he would have to review the past history and evaluate the value of it. She suggested that they perform an evaluation of its cost effectiveness this summer. City Attorney Report, Cheryl Brooking apologized for not making the last few meetings due to inclement weather. She reported that in the last several months, she provided advice on resolutions, ordinances, SMIC improvement matters, personnel matters, municipal tax questions, contracts, Request for Proposals, administrative appeal process, general administrative matters and land use matters such as platting, North Forest Acres Levee road, and she continued to pursue a condemnation of Tract B. The Master's hearing was scheduled in April in Anchorage. She filed a Quiet Title action related to two lots on the waterfront that were not in the city's name as originally thought from the 1920' s; she was now going through the steps to officially give ownership of the lots to the city. In the harbor, she worked on land use matters and questions relating to compliance. Today, she filed a Brief on the Resurrection Bay Conservation Alliance (RBCA) litigation. For the Electric Department, she assisted with utility and contract matters. And, she worked on certain proposed negotiation arrangements with Seward Association for the Advancement of Marine Science (SAAMS) and the Alaska SeaLife Center. City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Valdatta asked for clarification on where the two quite title lots were located, and Brooking said they were along the waterfront park area. She further clarified that years ago the land was replatted and vacated, and during that process it was discovered that two lots were not showing up of record in the city's name. Mayoral Report, David Seaward stated he hoped everyone had a good Christmas and a Happy New Year. Seaward said Seward's outlook was great. He read an article regarding the proposed governor's budget in 2012 and listed the Seward projects and financial amounts proposed in the governor's budget. He felt Seward's future was bright. Port and Commerce Advisory Board (PACAB) Chairman Deborah Altermatt gave the annual report. She stated it was her pleasure to be before the council again and that the past year was busy for PACAB. The board continued to review the city code pertaining to the harbor to provide recommendations for changes, including recommending that the port and harbor tariff changes which included increasing transient fees by ten percent, eliminating quarterly rates and eliminating electric reconnection charges. The board also recommended to take the electric billing out of the harbor and return it to the finance department as it had been in the past. Several additional resolutions were reported to council, including support for a partnership between the city and the Alaska Department of Fish & Game for fish enhancement programs. PACAB also supported the vessel wash -down and wastewater recycling program at SMIC, investigating funding opportunities for continued harbor development, particularly at the Z -Float and small boat harbor, and the Coastal Villages project. PACAB was able to review the state and federal priority lists this year and would like to request that funding be pursued to install a vessel wash -down and wastewater recycling program be put into place at the 50 -ton travel lift. The City of Seward continued to be a member of the World Trade Center Alaska through a joint affiliation with PACAB. At the January 18, 2012 conference, Northern Economics would be presenting, and several members of the city, chamber and PACAB would be attending. PACAB co- sponsored the meeting in the Rae Building regarding the Coastal Villages project and were very pleased to see such a large turnout of the community in attendance. She said PACAB would remain actively involved with this project as it proceeded. In November 2011, the City of Seward was represented at the Marine Expo in Seattle, Washington by Harbormaster Funk, Chamber Executive Director Clock and PACAB Chair Long. Two new members were appointed to the board in 2011, Bruce Jaffa and Steve Fink. She welcomed the new city manager and harbormaster and looked forward to working with both in the coming year. PACAB would continue to look to the council for direction and thanked them for their time. Other Reports, Announcements and Presentations A report was given by Seward Providence Medical & Care Center Administrator Chris Bolton. He provided operational updates, including an overview of what they provided for services: City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page critical access hospital, 24/7 emergency room, provider -based family medicine clinic, co- located long -term care facility and an outpatient services provider. The facility was owned and funded by the City of Seward and managed by Providence. In 2011 they installed "EPIC ", which was an electronic health records system that interconnected records for Providence Hospitals in five states. The EPIC system was endorsed by Medicare and Medicaid. Three new family medicine physicians were added to the hospital's staff. Goals for 2012 included getting the census up at Mountain Haven, increasing community access to primary and preventative care by extending clinic evening and weekend hours, expanding the sliding fee scale program, and installing a patient portal whereby patients could have instant access to their own lab results, pay bills online, etc. They also wanted to obtain funding for a CT machine replacement, achieve a trauma designation from the state, expand capacity in the emergency room for behavior - problem patients, and be appointed as a Federally Qualified Healthcare Facility. Bolton stated "critical access" was a Medicare designation for facilities that met service criteria in terms of proximity of location to other facilities. For Seward Providence being so far away from any other hospital, it meant that they received cost -based reimbursement. It meant that Seward Providence gets reimbursed by Medicare at the end of the year for all actual costs incurred. Bolton explained that a "swing bed" meant that a bed could be used for either acute care or for skilled nursing. When they used a bed for skilled nursing, the reimbursement rate was much greater. Terry asked for clarification between the long -term care facility in Anchorage versus Seward and what the referral process encompassed. Bolton explained that they used the EPIC system to proactively seek out potential patients that may be an appropriate "fit" for the care provided at Mountain Haven, and then they work through the families to see if that matched with their wishes for the patient's care. Seaward questioned the attrition rate at the hospital for physicians and nurses. Bolton explained that in the last five years the average turnover rate was 15 %. Seaward prompted for more explanation of why people leave, and Bolton said they didn't currently offer loan repayment, and often nurses who come just stayed long enough to fulfill their relocation commitment and then they leave. Councilmember Shafer added that in her estimation, the staff in general was beginning to approach retirement age, and that would lead to higher turnover in the coming years. PUBLIC HEARINGS Resolution 2012 -001, Approving A Land Exchange Of A 0.56 Acre +/- Portion Of Lot 8A -1 For A 0.56 Acre +/- Portion Of Lot 6A -1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson /Shafer) Approve Resolution 2012 -001 Long requested council postpone this to the January 23, 2012 council meeting in order to have a more fully developed resolution and agenda statement. City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Motion (Terry /Shafer) Postpone Resolution 2012 -001 to the January 23, 2012 meeting. Motion Passed Unanimous Consent NEW BUSINESS Resolution 2012 -003, Naming The Newly Constructed North Forest Acres Levee Drive Surface, As Dieckgraeff Road; Located Within The Public Access Easement On Tract B, Dieckgraeff- Gillespie Replat; Located At 2501 Seward Highway. Motion (Bardarson /Shafer) Approve Resolution 2012 -003 Long stated this was a recommendation from the Planning & Zoning Commission. Shafer said she had received many phone calls and input from the community, all of them acknowledging the Dieckgraff's and what they have contributed to this community. However, she believed that this road had already gone through the official process of being named as Levee Road, it had been referred to that for the past several years while the project had been developed, and it was already recognized in the 911 emergency system as Levee Road. Based on these reasons, she would not vote for this resolution and felt there could perhaps be a different way to handle it. Valdatta expressed his support based on their family's contributions for the community. He felt Levee Road was too common of a name. Keil felt she also could not support this at this time changing the name to Dieckgraff Road at this time because she didn't believe it conformed with the city's naming criteria listed in Resolution 1985 -010: streets should be pleasant- sounding, appropriate, easy to read /spell /say so that the public and children can handle it in an emergency situation. The new name did conform with the borough, but Seward's naming convention was more specific. Terry thought they needed to pursue additional public comment, especially since the public had only seen the road advertised as Levee Road. Bardarson suggested that council send it back to the Planning & Zoning Commission in order for them to seek more public input. Motion (Bardarson /Terry) Refer Resolution 2012 -003 back to the Planning & Zoning Commission to seek more public input. Motion To Refer Passed Unanimous (3 Ciry of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Resolution 2012 -004 Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Motion (Shafer/Bardarson) Approve Resolution 2012 -004 Financial Director Kris Erchinger provided clarification on this resolution by stating that any two signatures were required to perform activities with the bank for initiating a payment, purchasing an investment and making transfers. There was a provision that allowed one individual of the four to access the safety deposit box, which was used for computer back -ups and the city stored no valuables or money within. Erchinger added that this procedure was deemed acceptable by the auditors. Motion Passed Unanimous OTHER NEW BUSINESS Council voted to appoint Carl Hughes to the Port and Commerce Advisory Board (PACAB) with a term to expire July 2014. Discussed upcoming council, including who will travel to Juneau and Washington D.C. for the upcoming legislative sessions. Shafer said usually the council waited until they had dates before they decided who would be attending each event. Long said he to travel with the mayor for the AML Legislative Meeting held in Juneau, Alaska from February 7 -9, 2012. Further, he had looked at the most advantageous time to go to Washington, D.C. and suggested they schedule that visit just prior to the National Association of Counties/National League of Cities meetings because typically that was when most Alaskan municipalities descended upon Capitol Hill, usually held in the last week of February or first week of March. Valdatta suggested that council send the City Manager, Assistant City Manager, Mayor and Vice Mayor. Keil said she thought council needed to wait until the city's lobbyists tell them when the most opportune time was for them to travel, and then make plans. Depending upon what the mayor's and vice mayor's schedules were at the time may decide which one would travel. Valdatta advocated that Long attend based upon his past experience with the Kenai Peninsula Borough and his relationships with many of the legislators. Keil added that Bardarson had been to Coastal Villages, Washington D.C., and Juneau so she also had a known face. b \ City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page Shafer agreed with Valdatta regarding Long's experience, but brought up the point that it was not wise for both the City Manager and the Assistant City Manager to travel at the same time. Seaward asked for clarification on the February 7 -9, 2012 AML Legislative Meeting in Juneau, and Long replied that at this point it would be just Seaward and Long who would be attending. Seaward suggested that going forward; perhaps council would consider rotating who attended certain meetings based upon experience and the buy -in of the council. Keil and Shafer both agreed that Seaward should attend that meeting. Long suggested that as meetings came up over time, the council should consider whose experience best fitted the opportunity and they should send that person(s). Mayor appointed Vice Mayor Bardarson to receive the completed evaluation form and tabulate the results prior to the formal evaluation sessions for the City Manager, City Clerk and City Attorney. The City Clerk stated the current proposed schedule was to have evaluations for the City Clerk in January, the City Attorney in February and the City Manager in March. Bardarson suggested they move the City Manager until May. Councilmember Terry added that it may be helpful to remove the numerical ratings and only provide comments on his evaluation. Bardarson requested that council have all the evaluation forms for the City Clerk completed and returned to her by January 18, 2012. INFORMATIONAL ITEMS AND REPORTS (No action required) October City Financial Reports Kenai Peninsula Borough Letter to City Council RE: Borough Planning Commission approval of vacations of rights -of -way within the City of Seward (Clerk's Note: this action was approved by the Seward City Council by Resolution 2011 -037 and by the Planning and Zoning Commission by Resolution 2011 -004 which recommended borough approval of the Waterfront Park Preliminary Replat). COUNCILS' COMMENTS Bardarson thanked all the participants and volunteers for the Polar Bear Jump Off; she thanked everyone who made it such a great event. The Planning and Zoning Commision had three vacancies, and it was a requirement by city code, so please step up and help fill those vacancies. Happy New Year to everyone. Keil said she hoped everyone had a festive time at the Polar Bear Jump Off and that they reach the $2 million goal. She thanked Carl Hughes for volunteering his time for PACAB. Shafer congratulated Willard Dunham for being named Person of the Year and Tom Tougas for being named Business Person of the Year by the Chamber of Commerce. She said both C> City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page gentlemen had contributed greatly to this community. It was nice to see all the Christmas activities in town and she hoped everyone had a good Christmas and were having a good New Year so far. Valdatta complimented the city crews for snow removal. He asked the public help the snow removal crews by being aware when the crews were working and moving their cars. Bill Sheffield, former Governor of Alaska, was retiring from the Port of Anchorage. He asked that council send some acknowledgement to Mr. Sheffield that he would get at his retirement party to says thanks from the City of Seward. Casagranda appreciated the report from Providence Medical tonight. She thought that last year there had been more detail as far as numbers and she would like to see that in the future again. She commended the street shop for the maintenance of the roads. Terry said there was a blizzard watch in effect. The Seward High School Seahawks basketball beat Nikiski this last weekend and they would be playing at home against Eagle River this upcoming weekend; she invited all to attend. She thanked the crew who sanded the boat launches because she heard positive comments from the public about that today. The Mariner's Memorial was now complete and she encouraged community to take a look. She let council know PACAB Chair Altermatt asked Terry to sit at the World Trade Center table on January 18, 2012 so she would be attending that luncheon. Seaward said Seward had a good outlook and it looked bright and kudos to council and administration. He was excited for this town. CITIZENS' COMMENTS Tim McDonald began by saying he had a hard time hearing council during the meeting, and asked that they to speak up more. Regarding Resolution 2012 -004, Section 3, the signing of the checks was a formality, but having one person making the decisions for how Seward uses its money was fiscally dangerous and irresponsible. He thanked Chris Bolton for his presentation; he particularly keyed in on the trauma designation the hospital had achieved, and said that because commercial fishing was one of the most dangerous operations in the world. He thanked Councilmember Terry for bringing up the net metering law as far as the city buying power back. As he understood it, the net metering law passed two years ago making it mandatory for municipalities to buy power back from anyone who wanted to produce it. He questioned the actual `minimum' kilowatts that Foutz had mentioned and whether there wasn't a required minimum that a private individual had to produce in order to sell it back to the city. Lastly, he felt it was distasteful and unprofessional for councilmembers to eat their dinner during the meeting. (: City of Seward, Alaska City Council Minutes January 9, 2012 Volume 38, Page COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta said the windmill was a training project and was important for it to get up and running for the students' sake. Terry asked administration to check on the trauma designation to see if it would allow women to have babies locally. Shafer said that particular trauma designation would not allow the hospital to do childbirth because they would need surgeons, anesthesiology, and special facilities for that. She also said that council members were busy and they ate when they could. Long stated there was a joint work session between council and the Planning & Zoning Commission on January 17, 2012 at 6:00 p.m. and it would be a good opportunity for anyone interested to see if it was something they would like to become involved with, either by filling vacancies or by becoming a member. EXECUTIVE SESSION Motion (Bardarson /Shafer) Go into Executive Session to discuss matters pertaining to the pending litigation of Resurrection Bay Conservation Alliance (RBCA) vs. The City of Seward and give direction to the City Attorney. City Clerk Johanna Kinney, Assistant City Manager Ron Long, City Attorney Cheryl Brooking and Harbormaster Ron Long were invited to attend. Motion Passed Unanimous Council went into executive session at 9:21 p.m. Council came out of executive session at 10:07 p.m. ADJOURNMENT The meeting was adjourned at 10:07 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) y _ j , ° ' SEAN PARNELL, GOVERNOR DEPARTMENT OF NATURAL RESOURCES '$ 550 W. 7TH AVE., SUITE 900C DIVISION OF MINING, LAND AND WATER / ANCHORAGE, ALASKA 99501 -3577 SOUTHCENTRAL REGION LAND OFFICE PHONE: (907) 269 -e503 FAX: (907) 269 -8913 December 16, 2011 To: Distribution List Re: Land Use Permit REVIEW NOTICE *Comment Deadline Extension* This is notification that the Southcentral Region Land Office is considering the issuance of a land use permit in accordance with AS 38.05.850, authorizing The Alaskan Wet Dog Race Event. Permit )t Locations Area Plan _ . . _.._ ..._.._._ LAS 28297 See Attached Map. NA `' John Lang dba The Alaskan Wet Dog Race You are invited to review the enclosed land use permit application materials and comment. If issued, the subject permit will authorize the event titled "The Alaskan Wet Dog Race" consisting of a race over State owned waters with personal watercrafts. The event will begin in Whittier, AK and end in Iliamna, AK with the following places as checkpoints along the route: Valdez, Cordova, Chenega, Seward, Anchor Point, Kenai, Port William, Kodiak, Old Harbor, Akhiok, Chignik, Perryville, Sandpoint, Cold Bay, False Pass, Port Moller, Port Heiden, Egegik, Naknek, and Igiugig. If issued, the permit will be valid from February 1, 2012 through January 31, 2017, used seasonally from April 1 through June 30 of each year. Please direct written comments to Candice Snow, or send an email to candice.snow @alaska.gov before January 26, 2011. You need not respond if you do not have any recommendations. The purpose of this notice is to gather input before a final decision is made to ensure that issuance of the proposed land use permit will be in the best interest of the State of Alaska. If you have any questions, please call me, Monday through Friday, 8:OOAM- 4:30PM at 907 - 269 -8569. Sin t 1-/(111�Jtty "°' Candice Snow Natural Resource Specialist "Develop, Conserve and Enhance Natural Resources for Present and Future Alaskans" y Land Use Permit LAS# 28297 Permittee: The Alaska Wet Dog Race Page 2 of 3 Distribution List: Via email: Charley Palmer, DEC, Anchorage City of Egegik Pamela Russell, DOP, Soldotna Becharof Corporation Ann Rapaport, USFWS, Anchorage Egegik Village Council Mike Daigneault, DNRJOHMP, Anchorage Village of Igiugig Ginny Litchfield, DNR/OHMP, Kenai The Aleut Corporation Linda Markham, DOT/PF, Anchorage Shina Duvall, DNR/SHPO, Anchorage Via mail: Marla Carter, ADFG, Anchorage Heather Dean, EPA, Anchorage Chugach Alaska Corp. Phil North, EPA, Anchorage Attn: David Phillips Ellen Lance, USFWS 3800 Centerpoint Dr. Ste 601 Alaska Quiet Rights Coalition Anchorage, AK 99503 Cindi Bettin, Cook Inlet Region Chuck Reft, Koniag Inc. Bristol Bay Native Corporation Christopher Stinson Land & Resources Mark Luttrell Attn: L. Tiel Smith Bill Copeland 111 West 16 Ave, Ste 400 David Jenka Anchorage, AK 99501 John Strassenburg John Miller Bristol Bay Borough John Mohorcich, Kenai Peninsula Borough Attn: Patrick Jordan Robert Prunella, City of Whittier PO Box 189 Sheri Pierce, City of Valdez Naknek, AK 99633 Martin Moe, City of Cordova Karen Rogina, Chenega Corporation Kodiak Island Borough Native Village of Chenega, Village Council Attn: Rick Gifford James Hunt, City of Seward 710 Mill Bay Road, Room 125 Anchor Point Chamber of Commerce Kodiak, AK 99615 Rick Koch, City of Kenai Aimee Kniaziowski, City of Kodiak Chignik Bay Tribal Council City of Old Harbor Attn: Roderick Carlson Old Harbor Native Corporation PO Box 50 Village of Old Harbor, Village Council Chignik Bay , Alaska 99564 City of Akhiok Akhiok- Kaguyak, Inc, Village Corporation Oceanside Native Corporation Native Village of Perryville, Village Council PO Box 84 City of Sand Point Perryville, AK 99648 City of Cold Bay City of False Pass Native Village of Nelson Lagoon Isanotski Corporation, Village Corporation PO Box 13- N.L.G. Native Village of False Pass, Village Council Nelson Lagoon, AK 99571 City of Port Heiden Native Village of Port Heiden, Village Council Land Use Permit LAS# 28297 Perrnittee: The Alaska Wet Dog Race Page 3 of 3 Iliamna Village Council PO Box 286 Iliamna, AK 99606 NOAA Fisheries' National Marine Fisheries Service Protected Resources Division & Habitat Conservation Divisions 222 West 7 Ave, Box 43 Anchorage, AK 99513 (n Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.02 Event Overview This information is an introduction to a new annual event being planned for Alaska. This new event, already known in over 100 different countries, is called The Alaskan Wet Dog Race. This is the longest personal watercraft race in the world. The proposed course for this event is shown on the map in Sectior 2.03 and at this time it is still in the proposal stage and adjustments can be made if necessary at a later time. Lang Enterprises Inc reserves the right to be able to change the course as necessary to add more towns, villages, and lodges if needed for safety, economic, or practical purposes. The overall proposed course for the race is to start in Whittier and finish at the village of Iliamna. As can be seen on the map there are currently 25 to 26 planned checkpoints that the riders will be stopping at for resources i.e. fuel, food, rest and shelter. The following is a list of those proposed checkpoints. 1: Whittier (Start) 2: Valdez 3: Cordova 4: Chenega 5: Seward 6: Port Graham 7: Anchor Point 8: Kenai 9: Williams Port 10: Port Williams 11: Kodiak 12: Old Harbor or Larsen Bay (Depending on which way participants want to ride and weather conditions.) 13: Akhiok / Alitak Bay 14: Chegnik 15: Perryville 16: Sandpoint 17: King Cove 18: Cold Bay 19: False Pass 20: Port Moller 21: Port Heiden 22: Egegik 23: Naknek 24: Igiugig 25: Iliamna (Finish) Safety is our top priority and this event will be conducted with the highest regard to Personnel, Wildlife, and environmental protection. This event is established as a team race and a team consists of two riders and two PWC. No single riders will be allowed to compete. Lang Enterprises Inc . has planned to have over 110 support boats that will be positioned throughout the course should any team get in trouble. These support boats will be for emergency purposes only. Lang Enterprises Inc has built into the plan redundant safety equipment to ensure that no person, animal or the environment is hurt or harassed during this event. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 2 Wet Dog Permit Request 2011 Master With Macros u " Th A laskan Wet Dog Race iOffie9,� RP 9 v 2.03 Proposed Race Course Map and Checkpoints ` ? -a' s ...s Anchorage s a f , � p �r a v s Cor dova ■ �� P �1 7 ��i� �.�JJ'1 0 �v"� � �� 'I'' '� ��'� � rn �*' fi+5�°� .iyk � ' � � f y f � �.�. ix '4.,-..;*:‘,..„' ' a � F r � " $ d am, -{� 4 ��,^ 1 < , x s� Y Y 9 � ��hld�c ga ' &^ ,ez � A. ` � #' a 4 ` w. � •P' , i,nch Po in t - -r: ' � ti � �, i � � � � � * � ay �� {{�jp'�,,,��a,�,,�,�, � � : tea iittait]s muds '' ' ego-'4'1,''s," ,fib i! 4V aG 3 t � - ° ljlp�itS �' �� � �* $ rte: Barr , ;14.4.4,,_ ,,,,,,,,,,,,:ika.v.to- ,,--,,,, , ' 40 . 0... 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Special Use Permit Request Proposal The Alaskan Wet Dog Race 1231 W Northern Lights Blvd # 560 Anchorage , Alaska, 99503 Phone: 907 - 357 -7828 Fax: 907 - 357 -7829 E -mail: john.lang @wetdograce.com http: /lwetdograce.com 10 1 TOC Table of Contents 2.00 Mission Statement 1 2.01 Introduction Letter 1 2.02 Event Overview 2 2.03 Proposed Race Course Map 3 2.04 Event / Racer Training Classes 4 2.05 Safety equipment operation and functional check 4 2.06 Race Course Orientation 4 2.07 Wildlife Awareness and Harassment Policy 4 2.08 Culture Awareness 5 2.09 Basic Navigation Assessment 5 2.10 Cold Water Survival 5 2.11 Race Rules Review 5 2.12 Fueling Policy and Guidelines 5 2.13 Boat and Safety equipment inspection 5 2.14 Research and Development 6 2.15 "Paving the Way" Expeditions definition 6 2.16 Proposed Course Description 6 2.17 Safety Breaks 6 2.18 Areas of Concern 6 2.19 Fueling / Fuel Spills 7 2.20 Wildlife Disturbance 7 2.21 Sound Disturbance 7 2.22 Sea Lion Rookery / Haul Out Sites 8 2.23 Whale Encounters 9 2.24 Sea Otter Encounters 9 2.25 Critical Habitat areas 9 2.26 Zone Description 9 2.27 Sensitive Areas Map 10 2.28 Zone 1: Kalgin Island Critical Habitat Area 11 2.29 Zone 2: Kachemak Bay Critical Habitat Area 12 2.30 Zone 2: Kachemak Bay Critical Habitat Area (Continued) 13 2.31 Zone 3: Barren Island- Sugar Loaf Island 14 2.32 Zone 4: Afognak Island Wildlife Refuge Area 15 2.33 Zone 5: Katmai National Park and Preserve 16 Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 TOC likatilifiOnce Table of Contents 2.34 Zone 6: Tugidak Island Critical Habitat Area 17 2.35 Zone 7: Semidi Island National Wildlife Refuge 18 2.36 Zone 8: Izembek State Game Refuge 19 2.37 Zone 8: Izembek State Game Refuge (Continued) 20 2.38 Zone 9: Bristol Bay Critical Habitat Areas 21 2.39 Zone 9: Bristol Bay Critical Habitat Areas (Continued) 22 2.40 Race Course (Clean Up) 23 2.41 "Paving the Way" Description 24 2.42 Proposed Race Rules (Draft Stage) 25 2.43 Proposed Race Rules (Draft Stage) (Continued) 26 2.44 REGISTRATION AND ENTRY 27 2.45 WATERCRAFT DESCRIPTION 28 2.46 CODE OF CONDUCT 29 2.47 PARTICIPANT PROTECTIVE EQUIPMENT 30 2.48 MANDATORY SURVIVAL EQUIPMENT 31 2.49 Proposed Race Rules (Draft Stage) (Continued) 32 2.50 ADDITIONAL REQUIRED EQUIPMENT 33 2.51 Highly recommended items not supplied by the Alaskan Wet Dog Race 33 2.52 Big Dog Class Competition Rules 34 2.53 GENERAL COMPETITIONS RULES (ALL CLASSES) 35 2.54 Proposed Race Rules (Draft Stage) (Continued) 36 2.55 RACE DIRECTOR AUTHORITY 37 2.56 INTOXICATING BEVERAGES & DRUG$ 38 2.57 FEES AND RACE CLASS PAYBACK 38 2.58 PENALTIES 39 2.59 PENALTIES (Continued) 40 Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 TOC iIagaW Table of Contents 2.60 PROTEST PROCEDURES 41 2.61 CHECKPOINTS, LAYOVERS AND THEIR OPERATION 42 2.62 CHECKPOINTS, LAYOVERS AND THEIR OPERATION (Continued) 43 2.63 STARTING PROCEDURES 44 2.64 RACE COURSE 45 2.65 GAS STOPS AND FUELING 46 Lang Enterprises Inc. 1231 W Northem Lights Blvd # 560 Anchorage, AK 99503 ` lLA , • s Wet Dog Permit Request 2011 Master With Macros ( ,$ t The Alaskan Wet Dog Race 2.00 Mission Statement Our mission is to create a new annual event in Alaska that will enhance the states economy, provide villages and towns of Alaska international exposure and a source of economic revenue that they have yet to realize. The Alaskan Wet Dog Race promises to be world -class and will draw participants from hundreds of countries who will compete for the largest cash prize ever offered for events of this nature. The Alaskan Wet Dog Race strives to create a positive image for personal watercraft and their owners by promoting safe and responsible riding. 2.01 Introduction Letter To whom it may concern, Please accept this package as application for a special use permit allowing Lang Enterprises Inc. to perform necessary; the research and development to establish and to conduct The Alaskan Wet Dog Race. The plan currently is to establish an annual event to be held during the last week of April and the second week in May each and every year. It is our intention to have the first Alaskan Wet Dog Race online and racers leaving the start line out of Whittier on May 1, 2013. Research and development consists of but not limited to exploration expeditions called "Paving the Way" , where there will be a small group of ambassadors riding the entire proposed course on PWC. It is our plan to have a support / film boat travel with the group of ambassadors for safety and to document the entire trip. The film footage will be used to create training and orientations videos and promotional TV shows . These will be aired locally and internationally to spread the word of this event to bring more people to Alaska. During our paving the way trips, we will also have the use of a support plane that will have a small film crew getting Ariel footage and conducting interviews with the checkpoint residents that will be used to profile the villages as well. We are confident that the enclosed information will be sufficient for your department to be able to provide a permit to Lang Enterprises Inc. thus this event will be finalized. Should more information be needed , please call John Lang at 907 - 250 -6965. Thank you for your time and consideration. Sincerely, John Lang Lang Enterprises Inc. http: / /wetdograce.com Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 1 4- 11 h. Wet Dog Permit Request 2011 Master With Macros 11,0 z 3 �. The Alaskan Wet Dog Race 2.02 Event Overview This information is an introduction to a new annual event being planned for Alaska. This new event, already known in over 100 different countries, is called The Alaskan Wet Dog Race. This is the longest personal watercraft race in the world. The proposed course for this event is shown on the map in Sectior 2.03 and at this time it is still in the proposal stage and adjustments can be made if necessary at a later time. Lang Enterprise reserves the right to be able to change the course as necessary to add more towns, villages, and lodges if needed for safety, economic, or practical purposes. The overall proposed course for the race is to start in Whittier and finish at the village of Iliamna. As can be seen on the map there are currently 23 planned checkpoints that the riders will be stopping at for resources i.e. fuel, food, rest and shelter. The following is a list of those proposed checkpoints. 1: Whittier (Start) 2: Valdez 3: Cordova 4: Chenega 5: Seward 6: Anchor Point 7: Kenai 8: Williams Port 9: Port Williams 10: Kodiak 11: Old Harbor 12: Akhiok 13: Chegnik 14: Perryville 15: Sandpoint 16: Cold Bay 17: False Pass 18: Port Moller 19: Port Heiden 20: Egegik 21: Naknek 22: Igiugig 23: Iliamna (Finish) Safety is our top priority and this event will be conducted with the highest regard to Personnel, Wildlife, and environmental protection. This event is established as a team race and a team consists of two riders and two PWC. No single riders will be allowed to compete. Lang Enterprises Inc . has planned to have over 110 support boats that will be positioned throughout the course should any team get in trouble. These support boats will be for emergency purposes only. Lang Enterprises Inc has built into the plan redundant safety equipment to ensure that no person, animal or the environment is hurt or harassed during this event. Lang Enterprises Inc. 1231 W Northem Lights Blvd # 560 Anchorage, AK 99503 2 I l Wet Dog Permit Request 2011 Master With Macros �° Y skan Wet Dog Race � �„ The Al g 2.03 Proposed Race Course Map ni t . 4. a � ''E.,:%, ' - C r Ire t y r. v d ,'4 ..'C v Lang Enterprises Inc. 1231 W Northern Lights } Blvd # 560 Anchorage, AK 99503 3 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.04 Event / Racer Training Classes To ensure the integrity of The Alaskan Wet Dog Race Lang Enterprises Inc. is requiring each and every racer to attend these mandatory Safety and Training and orientation classes. They will include but not limited to the following: 2.05 : Safety equipment operation and functional check 2.06 : Race Course Orientation 2.07: Wildlife Awareness and Harassment Policy 2.08 : Culture Awareness 2.09 : Basic Navigation Assessment 2.10 : Cold Water Survival 2.11 : Race Rules Review 2.12 : Fueling Policy and Guidelines 2.13: Boat and Safety equipment inspection 2.05 Safety equipment operation and functional check This class will focus on ensuring that each and every racer knows how to operate the provided safety equipment which will include Satellite Phones, a Waterproof Marine Handheld Radio, Personal Locater Beacon, and Location Transponders. Each and every person will be required to show an instructor how to power on the equipment and make sure it is functioning in good working order. Each person will be issued a Sat Phone in a waterproof case with spare batteries, a Personal Locater Beacon, and Marine Handheld VHF Radio. The Personal locater Beacon and the VHF radio will be required to be attached to the person and not stored in or on the PWC. 2.06 Race Course Orientation This class will be a training video that will show each and every checkpoint. It will go over the entire course and the sensitive areas will be pointed out and each and every racer will be required to sign an affidavit stating that they understand the course rules. This will be to provide them information such as "When traveling to Valdez you are not allowed to go near the oil terminal, and if you do you will be arrested and your craft will be confiscated. "That is but one example of what the course will teach and go over. 2.07 Wildlife Awareness and Harassment Policy For this class we are going to request that the pertinent agencies such as NOAA, Fish and Wildlife, Fish and Game, help teach this class so we can educate the racers on the importance of not harassing wildlife and to help bring a awareness to the rest of the world on the importance of these sensitive areas, and the benefits that have been gained by having these areas. Lang Enterprises sees this as a grand opportunity to show the rest of the world the positive impact that the responsible wildlife management makes. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 4 Wet Dog Permit Request 2011 Master With Macros E�sKFj The Alaskan Wet Dog Race I ott g zs� 2.08 Culture Awareness Lang Enterprises deems this class of utmost importance. Having so many different cultures arriving in Alaska and then having over one thousand people flooding into some of these very small town and villages where the population is less than 100 people there will be a culture shock on both sides of the fence. Lang Enterprise will be recruiting a representative from each village or small town to come up and "teach" the racers about the life as they know it in their town. It will be during this time that Lang Enterprises will make sure that each of the racers understands the law and the strict policy such as don't litter, don't disrespect the towns, the people, or the property of others, etc.. 2.09 Basic Navigation Assessment Each and every racer is required to have their own GPS for the trip and there will be an assessment class to make sure that each racer knows how to use it properly. As well as having a GPS, every racer will be required to have a simple compass and the basic process of reading and following the compass will be assessed by the instructor as well. 2.10 Cold Water Survival It is important for us to be sure that racers can recognize and assess each other to determine if they are getting hypothermia or in danger. Learn to Return and Alaska Waters Consulting companies both have excellent cold water survival classes and we will be looking to hire them to teach these classes. 2.11 Race Rules Review This class will be to make sure that everyone competing in the event understands and complies with the rules. It will also be the opportunity for the racers to ask questions on things that they are unsure about. At the end of the day each and every racer will be required to sign off stating that they understand all of the rules and will comply with them all. 2.12 Fueling Policy and Guidelines This will be covered in the rules review but Lang enterprises deems it so important that there will be one solid class on this process. We know that it is entirely possible that the riders coming from other countries may not share the same level of respect for the environment as our culture does and we intend to educate them. The riders again will be required to sign off they understand and agree to our fueling , cleanup, and spill reporting policy. 2.13 Boat and Safety equipment inspection This will be one of the last items that each team will have to go through and it is to make sure that they have all of the required safety equipment and that their PWC is equipped to travel the 2000 miles on the course. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 5 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.14 Research and Development To understand the guidelines that we are considering R &D, we are providing the following details. It should be noted that at no time are we planning to walk on or disturb the grounds above mean high tide and will avoid any situation possible at all times to not touch land or go above mean high tide during our research and development trips. Research and development simply means that we will be traveling the entire course over the next few years by Personal Watercraft, Boats, Planes, and Helicopters if needed. It is our intention to explore, document through video, and photography the entire course, and to make profile videos of all of the villages and checkpoints along the way. It is our intention to use this film footage to promote the race, and make training and orientation videos for the racers who travel here from the different countries. These trips will be conducted at all times of the year and it should not be thought that it will only happen during the summer time. Barring a life threatening situation we will not be on land above mean high tide in any sensitive areas. 2.15 "Paving the Way" Expeditions definition Paving the Way is the term we are using to describe our Research and development exploration expeditions. We do not have one certain schedule or time frame but starting in 2011 and carrying us through 2013, it is our plans to visit each and every proposed checkpoint and doing this on Personal Watercraft with our film crew. 2.16 Proposed Course Description Our plans for the Alaskan Wet Dog Race and the Paving the Way can be found on our website at http: / /wetdograce.com 2.17 Safety Breaks We will be taking safety breaks along our course about every 50 miles or as the areas will allow. This will allow the riders to help keep an eye on each other and to help reduce the chance of fatigue and minimize any chance of getting hurt. 2.18 Areas of Concern Since it is our mission to promote safe and responsible riding we have given consideration for items that we feel can and will be areas of concern for different agencies and we want to assure those concerned that we are considering such impacts or issues and have plans to mitigate or eliminate those concerns. The following is a list of those concerns considered so far and if other concerns are brought up that are not included here we will address them as required. 2.19: Fueling / Fuel Spills 2.20 : Wildlife Disturbance 2.21 : Sound Disturbance 2.22: Sea Lion Rookery / Haul Out Sites 2.23: Whale Encounters 2.24 : Sea Otter Encounters 2.25: Critical Habitat areas 2.40: Race Course (Clean Up) Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 6 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.19 Fueling / Fuel Spills One of the biggest possible hazards for this event that we are concerned about is going to be fueling of PWC. For the majority of the time we will be fueling in the ports of villages and towns using the harbor fueling systems for regular boats. For those times it will be no different than fueling regular boats. For the times when we need to fuel PWC outside of the ports or harbors, The same extreme care exercised in the harbor fueling process will be exercised to insure that fuel is not spilled at all. We have a tried and proven plan for fueling that insures that no fuel will be spilled at all. Our fueling plan includes but not limited to: • Limited quantities of fuel. Each PWC will have fuel cans that hold between 5 and 14 gallons of fuel. • Teams: Two people minimum will be used to help hold and pour the standard fuel cans. • Absorbents will be used to dam up around the fill cap to prevent any spillage from escaping onto the boat itself. • Funnels or proven manufactured leak proof nozzles will be used at all times. • Special designed fuel cans with a Gas Station nozzles will help insure fueling is completed in safe manner. • Each team will be required to carry with them a absorbents to soak up any fuel that may get spilled while fueling. Should any fuel be spilled at any time during the event that is not able to be cleaned up immediately, it will be required to be reported to the nearest harbor / Coast guard / governing body to help clean it up. Exact GPS coordinates of the area and riders will be required to remain at the location until spill response arrives. It is very limited on how much fuel would be spilled, simply because the most we could expect to carry on each PWC is about 24 gallons extra. That would be four- 6 gallon cans. 2.20 Wildlife Disturbance Disturbance of wildlife by any Personal watercraft will not be tolerated by Lang Enterprises Inc. In part of our mission statement of promoting a positive image for Personal Watercraft it will be the policy of Lang Enterprises Inc. that intentional harassment of wildlife will not be tolerated and if caught and proven the offending party will be disqualified from the race and will forfeit their team entry fee of $70,000. Lang Enterprise has a strict zero tolerance for this act and will take swift and harsh actions to ensure those found guilty pay a severe price. 2.21 Sound Disturbance In the past PWC have gotten a bad reputation of being loud. While this may have been somewhat true over 10 years ago the new PWC are now over 70% quieter than any other type of watercrafts or boats. Modifications to any exhaust system will not be allowed during the race. All agencies involved can rest assured that Lang Enterprise will not allow loud obnoxious PWC to be entered in the race. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 7 Wet Dog Permit Request 2011 Master With Macros sk The Alaskan Wet Dog Race 2.22 Sea Lion Rookery / Haul Out Sites It is noted that one of the more sensitive items we have considered is the Sea Lion Rookery's Here is list of those Rookeries as identified by NOAA. Island Name From To NOAA Notes Lat Long Lat Long chart 1. Outer I 59 deg.20.5 N 150 deg.23.0 W 59 deg.21.0 N 150 deg.24.5 W 16681 S quadrant 2. Sugarloaf I 58 deg.53.0 N 152 deg.02.0 W 16580 Whole island 3. Marmot I 58 deg.14.5 N 151 deg.47.5 W 58 deg.10.0 N 151 deg.51.0 W 16580 SE quadrant 4. Chirikof I 55 deg.46.5 N 155 deg.39.5 W 55 deg.46.5 N 155 deg.43.0 W 16580 S quadrant 5. Chowiet I 56 deg.00.5 N 156 deg.41.5 W 56 deg.00.5 N 156 deg.42.0 W 16013 S quadrant 6. Atkins I 55 deg.03.5 N 159 deg.18.5 W 16540 Whole island 7. Chernabura I 54 deg.47.5 N 159 deg.31.0 W 54 deg.45.5 N 159 deg.33.5 W 16540 SE comer 8. Pinnacle Rock.. 54 deg.46.0 N 161 deg.46.0 W 16540 Whole island 9. Clubbing Rks (N) 54 deg.43.0 N 162 deg.26.5 W 16540 Whole island 9a Clubbing Rks (S) 54 deg.42.0 N 162 deg.26.5 W 16540 Whole island 10. Sea Lion Rks 55 deg.28.0 N 163 deg.12.0 W 16520 Whole island 11. Ugamak I 54 deg.14.0 N 164 deg.48.0 W 54 deg.13.0 N 164 deg.48.0 W 16520 E end of island 12. Akun I. 54 deg.18.0N 165 deg.32.5W 54 deg.18.0N 165 deg.31.5W 16547 Billings Head Bight. 13. Akutan I 54 deg.03.5 N 166 deg.00.0 W 54 deg.05.5 N 166 deg.05.0 W 16520 SW corner, Cape Morgan. 14. Bogoslof I 53 deg.56.0 N 168 deg.02.0 W 16500 Whole island 15. Ogchul I. 53 deg.00.0 N 168 deg.24.0 W 16500 Whole island 16. Adugak I 52 deg.55.0 N 169 deg.10.5 W 16500 Whole island 17. Yunaska 1 52 deg.42.0 N 170 deg.38.5 W 52 deg.41.0 N 170 deg.34.5 W 16500 NE end. 18. Seguam 1 52 deg.21.0 N 172 deg.35.0 W 52 deg.21.0 N 172 deg.33.0 W 16480 N coast, Saddleridge Pt. 19. Agligadak I 52 deg.06.5 N 172 deg.54.0 W 16480 Whole island 20. Kasatochi I 52 deg.10.0N 175 deg.31.5W 52 deg.10.5N 175 deg.29.0W 16480 N half of island. 21. Adak I 51 deg.36.5N 176 deg.59.0W 51 deg.38.0N 176 deg.59.5W 16460 SW Point, Lake Point 22. Gramp rock 51 deg.29.0 N 178 deg.20.5 W 16460 Whole island 23. Tag I 51 deg.33.5 N 178 deg.34.5 W 16460 Whole island. 24. Ulak I 51 deg.20.0 N 178 deg.57.0 W 51 deg.18.5 N 178 deg.59.5 W 16460 SE corner, Hasgox Pt. 25. Semisopochnoi 51 deg.58.5 N 179 deg.45.5 E 51 deg.57.0 N 179 deg.46.0 E 16460 E quadrant, Pochnoi Pt. 26. Amchitka I. 51 deg.22.5N 179 deg.28.0E 51 deg.21.5N 179 deg.25.0E 16440 East Cape 27. Amchitka I 51 deg.32.5N 178 deg.49.5E 16440 Column Rocks 28. Ayugadak Pt. 51 deg.45.5 N 178 deg.24.5 E 16440 SE coast of Rat Island 29. Kiska I 51 deg.57.5 N 177 deg.21.0 E 51 deg.56.5 N 177 deg.20.0 E 16440 W central, Lief Cove. 30. Kiska 1 51 deg.52.5 N 177 deg.13.0 E 51 deg.53.5 N 177 deg.12.0 E 16440 Cape St. Stephen 31. Walrus I. 57 deg.11.0 N 169 deg.56.0 W 16380 Whole island 32. Buldir I. 52 deg.20.5 N 175 deg.57.0 E 52 deg.23.5 N 175 deg.51.0 E 16420 Se point to NW point. 33. Agattu I. 52 deg.24.0 N 173 deg.21.5 E 16420 Gillion Point 34. Agattu I 52 deg.23.5 N 173 deg.43.5 E 52 deg.22.0 N 173 deg.41.0 E 16420 Cape Sabak 35. Attu 1 52 deg.54.5N 172 deg.28.5E 52 deg.57.5N 172 deg.31.5E 16681 S Quadrant. We will be operating our event adhering strictly to the 50 CFR 223.202 Regulation that states the following: (i) No owner or operator of a vessel may allow the vessel to approach within 3 nautical miles (5.5 kilometers) of a Steller sea lion rookery site listed in paragraph (a)(3) of this section. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 8 3 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.23 Whale Encounters During the Wildlife Awareness training class the racers will be instructed on the federal law of not to harass the whales. Racers will be instructed on the DO and DONTS of whale encounters. It will be our hope that we can recruit the NMFS, or NOAA to help teach these classes. Again we feel that this is a Great opportunity to help educate the rest of the world on how the US government manages wildlife and the benefits that come from responsible management. 2.24 Sea Otter Encounters During the Wildlife Awareness training class the racers will be instructed on the federal law of not to harass the sea otters. Racers will be instructed on the DO and DONTS of sea otter encounters. It will be our hope that we can recruit the NMFS, or NOAA to help teach these classes. Again we feel that this is a great opportunity to help educate the rest of the world on how the US government manages wildlife and the benefits that come from responsible management. Just a footnote to conclude this section. All local and federal laws governing wildlife harassments will be strictly adhered to and Lang Enterprises Inc. will not hesitate to disqualify anyone that is caught breaking the laws. 2.25 Critical Habitat areas Lang Enterprises Inc. is acutely aware of areas consider sensitive in nature and we have spent many years studying and planning around these areas. It is our intention to never create a negative impact in these areas and we are providing a map with those types of areas that we consider sensitive in nature. We encourage any agency to review our plans and if we have missed an area of concern and we can not route our course around it then we would ask for a special use permit to get through it. A full description of those areas can be found in Section: 2.27 through Section: 2.39 2.26 Zone Description The Zones that have been marked out are the sensitive areas that we have identified and are addressing to show that there will not be any impact to these areas. It should be noted, barring a life threatening event, that at no time will we as the ambassadors of The Alaskan Wet Dog Race, or the participants of the event during the race, be going on land above mean high tide, in any of the wildlife refuges or the sensitive areas. We recognize these sensitive areas and will work closely with all agency's, villages, and towns in our effort to obtain a common goal of creating a world class event for Alaska. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 9 Wet Dog Permit Request 2011 Master With Macros r The Alaskan Wet Dog Race - n , = , ..- , E 2.27 Sensitive Areas Map Yk fY �t , ., � ° t , " C s } = . , mgt, " % Z' , , ,i '' } �, i au J, a t.. "s y w aah, r ,a z J� #^ fit:t s_i c::,,, " J, J', < are _ _ ... ipl.'_zt � a �.yy .„, r . co ,..7„... �„7n�f; { � { _ fi is x ( J ' � w ) .. a t 1 r i .'1, *.,,, :f '� i� { �ti. 4 J ,r. .7,.. t �x e_ Ada Alt : ,, : � � , .," [ 4 r r,. . 14 i - "- .0 Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 10 Wet Dog Permit Request 2011 Master With Macros 3 nx = The Alaskan Wet Dog Race 2.28 Zone 1: Kalgin Island Critical Habitat Area The Kalgin Island Critical Habitat Area. It is located in the Cook Inlet. This island Habitat area was established in 1972 to help protect Natural habitat crucial to perpetuation of fish and Wildlife (especially waterfowl.) Our route will keep us at least 10 miles away from this area thus allowing us to avoid any disruption. Located on Kalgin Island in Lower Cook Inlet east of Redoubt Bay and approximately 20 miles southwest of Kenai, Kalgin Island Critical Habitat Area is a flat green expanse of wetlands surrounding Swamp Creek. Birds - The critical habitat area provides spring and fall resting and feeding habitat for swans, geese , ducks, and shorebirds and is an important alternative habitat used each year by a portion of the thousands of waterfowl that use nearby Redoubt Bay wetlands. Greater yellowlegs and common snipe can be seen during summer months. Northern harriers hunt the marshes and bald eagles scavenge along the shoreline. Arctic terns also hunt for fish along the shoreline. Mammals - Harbor seals haul out in intertidal regions at the mouth of Swamp Creek. Small mammals, including river otter and beaver can be found in the wetlands, red - backed and tundra voles can be found at the wetland fringes, and red squirrels inhabit spruce in adjacent upland forests. Fox were introduced onto Kalgin Island in the 1930s and moose were introduced in the late 1950s. Fish - Swamp Creek and its tributaries drain the critical habitat wetlands and the mouth of the creek provides an estuarine staging area for silver salmon. Set net fishing for salmon occurs along the shore. Public Use and Access - The area is remote and relatively inaccessible. No access plans have been developed to the area and no public use facilities exist. Access is by boat or aircraft. There is no protected anchorage, and few people visit the area. Seasonally, it is visited by local set net fishermen who enjoy opportunities for wildlife watching and beachcombing. ;.d.,..,e x ... a. t C;Atfk !met = I ti na:,sin Arm `w '' cook Inlet • 1 urnagair Arne i ka Clar6 da ona; ra i C 7ok Inlet £ L\ lacier , s R .3r HI !teti i tionar f. R + .1 ge << Turna� if m C bak Inlet .tens , a ',Nib' ,..,ge a.. Exnipref Glad )ouLte Glacier .,i np.,s, /�- . y K aStailOn - r,{ ✓� .._ ( ...._r�l �S�JGF:uni vIG f he ^a "a aljrl1� ' Re• ice. r s,„...,, .k. pt} aiaaer, 1 } a n s _.. Cook Inlet k glgt 1 e r s P.< a' _ .sR. ' u1 Kena "law ai d if 1't.ge At, e `. 3 Vo(1 1 t r 4 3k.� a ".E Se A( ' , c c Zone 1' na i' cr e3e _ w t+s. _ Trail Glac.er' s? ,... � asdc e d k nr BEa4 ,at 4' � t'. [ rq,, r oo k i = `'\ , :.sr Ls,. � h >fiara.r ky:_ K.t nainab:4191 . '11141!eRefOge Reaavw+.•tss . • 1 ( gg ffi4 Irk LarAe � ; ook : . '..,:d +fc r,;., a et 6 N31�AU'ifa ['aM C . "Inlet • ,, ; , i 4 1. :.cJ�[ 5 3 eir'iartramtnaflarie ; 4 I tfi � € S ' 'S2lger t l :cnt R�sm {e'lat tJaoivellitccrni s Area aYdc C eaK - / __ y am u fi a.r, ertunC ea t i Y Rtcar a �� aYf k '-''. - � . > , , . S krcier Harenc� Icap" . froekad Creek - ( a iak Gla : - (eiai F Na t ffeld ra ° i k I ' Cook Inlet i' Cabrs °s d I s' +ortn Ala g �, Hardsng Icef,eld � r , ., , S, c asra e a«a w E xceta,or t,tixadFartr k a Bear Glad r l r ae1 Kenai tati'anat r _s fe ,t i2 = Oiikieur ayonal8ark Holgate Giaciel if ., m de r ,,; ar a. r . A. ' ea ?�eaar Na •ion a ere •s 'fee ( of A laska (' r la '4 E (n1f nf,ilas e...' Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 11 Wet Dog Permit Request 2011 Master With Macros - 0, ` T he Alaskan Wet Dog Race g ce 2.29 Zone 2: Kachemak Bay Critical Habitat Area Kachemak Bay Critical Habitat Area. Our route will keep us from entering this area but we will be skirting the outside edge of the boundary to reach Port Graham where it is vital for us to get critical supplies. We will use every effort to avoid any boundary crossing here. Since it is in the middle of the ocean we are confident in saying that we will not be disturbing any major wildlife that may be nesting or sleeping due to the fact that there is no land near for waterfowl or Sea lions to be hanging out. A component of An International Reserve of the Western Hemisphere shore bird reserve Network and The Kachemak Bay National Estuarine Research Reserve Easy access, outstanding recreational opportunities, and a diverse and productive environment make Kachemak Bay important to residents and visitors alike. Fish and shellfish populations abound year- round, supporting several significant fisheries. In the spring, summer, and fall, the bay hosts tens of thousands of feeding waterfowl, shorebirds, and seabirds. In the winter, marine mammals and water birds remain in the bays protected waters. The high level of biological productivity in Kachemak Bay is at least partially the result of a large gyre -like circulation pattern that serves to hold shellfish larvae in the bay. Productivity is further enhanced by a two - layered "nutrient trap" estuarine system in which organic nutrients are moved out of the bay by surface waters and settle to the bottom only to be moved back into the bay by deeper on -shore currents. Birds - The greatest concentrations of birds occur during the spring and fall migration when large flocks of geese, ducks, and shorebirds move through the bay and its associated wetlands. Most of these spring and fall concentrations use traditional staging areas at the head of the bay on the Fox River Flats. During the spring and summer months, outer Kachemak Bay and nearby waters support the highest seabird densities in Cook Inlet. Gull Island, Grass Island, 60 -foot Rock, Hesketh Island, and Point Pogibshi provide nesting habitat for tufted puffins, horned puffins, pigeon guillemots, black - legged kittiwakes, glaucous - winged gulls, and common murres. In addition, Kachemak Bay accommodates 90 percent of the over wintering seabird and waterfowl populations of Lower Cook Inlet. Mammals - Mink and river otters forage along the beaches feeding on marine invertebrates and near shore fish. Coyote, fox, and an occasional black or brown bear visit the beaches in search of carrion or prey. The shallow and productive near shore waters along the rocky southern shore provide habitat for sea otters Dail porpoise and harbor porpoise commonly feed in the bay. The Dail porpoise is often sighted chasing the bow wake of boats. Harbor seals have been observed at hauling -out areas on Yukon Island, with lesser numbers reported on the Bradley River Flats and several rocks on the southern boundary of the bay. Sea lions, killer whales (orca), beluga whales, and minke whales are commonly found in Kachemak Bay. Occasionally humpback and finback whales and walrus are sighted. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 12 Wet Dog Permit Request 2011 Master With Macros °,• The Alaskan Wet Dog Race 2.30 Zone 2: , Kachemak Bay Critical Habitat Area (Continued Kachemak Bay is an important fish and shellfish rearing ar with historical abundance of herring; salmon; halibut; king, Tanner, and Dungeness crab; and pink, spot, humpy, side - stripe, and coon - stripe shrimp. In the summer, Public Use and Access - Homer Spit is the main access point to the bay, with access also gained through Seldovia and other small communities. sport r. Halibut fishing for halibut and salmon and wildlife watching tours are very popular, as is clamming on low tides throughout th yea and salmon are the mainstays of the local commercial fisheries as well. T h e pristine protected waters on the south side of the bay have attracted interest in mariculture. Cook Inlet Cook Inlet . ' Red Glacier 7 6 era1,;-tsaonalParka Pf . ;- ,j Kt1.i Nay), ai � t aB IiC55 HtEa G c r L 'e a ia7a i rot P a' 1 - q a;r 'va'�'�1y1 reSe Rrd ? '. � rrA. r £ ' 3V � straClark%at.ana'Par4; Cat , s ti . Catvns t y Csr P ,M t 1� J � �� Kola_ �. >: � ap art rd ny, - J.' L'''' 'IS�jtr k :" • j .t 3dir _2`R Kachemak i sera y - Sat „ast '� ,. Kachenn k E3a ,,, Pa k a {: #ICk'e Retu ti :�' caurR Porliock Glace <a:azraw.s,t one 2 latc.s a arastisau.a,r r v..a i' pa Sass Kern F ct�s'vaba r Pa 'e < • sC�n q fiouti G la c ier t C ` n �hem Ear 4;taa IatrteRe' � , ,* ,, ...,„0„.,....., O a m� 8 ' , ... ' .: ,: Gams }y r xtsv,Ct3, 'M- : s ° `srAlg'se.Cta�yg"e5 . 4� a _ Ocear �€,zaek i . KataraiNajonatPark w .,n� ., e.z. 13 Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 l 1� Wet Dog Permit Request 2011 Master With Macros t _ t t q The Alaskan Wet Dog Race 2.31 Zone 3: Barren Island- Sugar Loaf Island Zone 3: Is the Barren Island area. This area around Sugar Loaf island we understand is a Sea lion sanctuary. We will stay to the west side of these islands and maintain the 3 mile boundary around the Sea lion island. We hope to be able to stop on a beach of Ushagat island to take a safety break and them move on to Port Williams Sea plane base. 1. }Tr _ r,n $e fi e1'e Ear o r . i .-. Par 0 c v, ,i f of y a 4 �, `� Cabins + ..r_ F S s , a e ,.,. .H' Katmai kietkorIar Park aked Glaciei" m G Sf 1a L ik 7o;aParl , I Zone 3 ed Grader s ?.a, tal Paa and Pis; 3 1 Pa h 3rw P 5v Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 14 Wet Dog Permit Request 2011 Master With Macros ,, e. "` The Alaskan Wet Dog Race w �F t , , t 2.32 Zone 4: Afognak Island Wildlife Refuge Area Zone 4 Is the Afognak Island wildlife refuge area. According to Bill Raften with the Fish and Wildlife as long as we stay 1 mile off shore of Afognak island there should not be any issues here. Barring a life threatening situation our plan is to leave Port Williams Sea Plane Base and stay well off the coast of Afognak island until we reach the Kupreanof Strait where we will cut through and go to Port Lions. We will then leave Port Lions and head to Kodiak from there. '•` - arr C S•,ikr,,a onat Park and Prsv t ! " p a: PodW lI aI s Seaplane BM S e ,/ � 1 !aF . ' 6. ...... a 7C•. 6 ia lo6a `. a ; Jr!tlana �esGmPcn sir, aPx • i Cat ii &WY/pf�kllaat ;._,,,,,,8,.. tht cV (r ' t1 a aleaa! as fN xaY 4 T PA�tCry�+ . a�tark and Prsv -1" pL Por . Ca 3 . oleo 410 fl n*! ,. A;u,a Seal an noire o Cabins` ienuLa, c (; CV Cabins a 820 a GPe ?annsJe T a'Ta;x 1f Iw. r 'Oa Saxsa E>'r mw Qf 4apaSaAlfMm,ya•A <. liJ 7 ,. 5 m,AISAaP ,�.Aa Zone 4 ably .106'.... .;. ' . -., '�•� - ..� Klrot_BeySep, ,ni , a ;.,r ia. Cabin � Q` 13_ sl4.�x ., Rao- ticaCAp2 : Cabins C E ` t . Par "apt .�1egnekieke F ,, r¢�Sape oAee3t ' ,p;laa v5 ' I ' Port 'Olahefield >: Ca a - SIANw A'! • na Pbnti � v _ c' 6 , - suges k7arcn,1B . {a Afggnai i Q N UN �.: aax'Si.' r aUrt i', 7r' e' ; it y Nk e ,.: ry,Ae.oaa! awry " o a . im, »"'aw rjocA„ alma 'rCabins h''"'' w� , da ew,a k Cabin- t: ti Wf . ... 4, Pat ,501,!Y ...et n esase ° g= T. a ' arJ w ,. f • x t, ^AAA urxzvnn '• .,„.00.,,,,-.....„ ' a t vt$ p ie,, Taal Eabntis Cabin Cabins ?AaAroon g ZI., :Pc-, ,,�1. 3nu Sm F is y , foal P(wA ...... : .. ° %st n : ,,,,--,,,..',,,,.4,-., W,oe F ie s u' - GPS FAap Cetal y, a- . 8 Lang Enterprises Inc. 1231 W Northern Lights Blv # 560 Anchorage, AK 99503 15 91 Wet Dog Permit Request 2011 Master With Macros < , . The Alaskan Wet Dog Race R= lldli �� p , 2.33 Zone 5: Katmai National Park and Preserve Zone 5 is the Katmai National Park and Preserve. Our course keeps us at least 10 miles away from any border and for the most part we are well over 27 miles away from the edge of this area. We will not be going to shore in this area barring a life threatening event. Katmai National Park and Prsv' Katmai National Park Katmai National Park Katmai National Park Katmai National Park S almon Cabin FLW4S Kin 9 Katmai National Park North Am Z one 5 '. Naknek! ake Katmai National Park and Prsv +� Katmai National Park . , , • / , Cabin ii, m • i al National Park Iliuk Arm 4 Katmai National Park .1 „, Cab • Ik.. uik Creek , .,” � fac 3::C R ai •ow Ri ver! Hallo Glacier , Cabin ae R Katmai N tional Park + - Cabins . ao FL W45 ' Cabns auk =s a3e:_.: Cabins Katmai National Park and Prsv ' Imon River Katmai National Park ' a:ainan, fi,n Katmai National Park Cabin • . k i.> Cabin;,.. Cabin Kennai National Park Katmai National Park and Prsv Afogn • K National Park and Pr Cabin Becharoflade Kalmar River °' ` 0 FL1.7 ?.5S' Cabin ,. Katmai National Park' 4; Cabins Cabins Afogpak *"++. , Ouzinkle Katmai National Park and Prsv ' 4• . /'"a Becharot Lake . Beenerof LaY,E o MK"eugaki Cabin .2 Lions Cabin Cabins . fir. Fa aru' Cabin Catnns Cabin Cabin Cabin : -, „4 ' . 44iiak Secharef Lake Cabin Cahi Cabin ,, Cabin • • ��('t'' iaNUN FL C 4S • Cabin Cabin, c Cabi t n .Cabin Nod ''''''''Ti ' ''‘k � 3. � geshik_ake! Cabins bin abin: Ug a l.Lake "")L s Cabin !, Cabins , -bins Cabin Ruth La +.e a Labin �' duk Cabins Cah . Foot Trl arsen$ay Ugan& River Cab sk k Lake ' Cabin Q no m shirk Lake / _ i l ... r:d'r. i n e.-. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 16 9 \ Wet Dog Permit Request 2011 Master With Macros . s ,ne The Alaskan Wet Dog Race 2.34 Zone 6: Tugidak Island Critical Habitat Area Our proposed route will avoid this area. The nearest that we will be to this area will be between 25 and 30 miles. Wild, remote, and remarkably productive, Tugidak Island, located south of Kodiak Island in the Trinity Island Group, features a large shallow lagoon and barrier spit complex, low Tying tundra relief, and abundant fish and wildlife. Birds - Tugidak Island attracts some of the greatest diversity of bird life known to nest on and visit any one island in the Gulf of Alaska. Wetland habitats throughout the island provide nesting habitat for waterfowl, shorebirds, tundra swans, and loons; and support nesting concentrations of swans, mallards, pintails, gadwalls, green- winged teal, and wigeon. Black brant and white - fronted geese concentrate by the thousands on the lagoon during the fall migration to rest and feed on the rich eelgrass beds and marine life that abounds. Snow geese concentrate on the island during spring migration. Emperor geese winter in the lagoon. Island residents also include ground- nesting bald eagles and several thousand ptarmigan. Arctic terns, cormorants and several thousand glaucous- winged and mew gulls nest on the island as well. Mammals - Tugidak Island is perhaps most renowned as historically one of the largest harbor seal pupping and haul out areas in the world with an estimated peak population of 20,500 seals and estimated peak annual pup production of 4,500. For as yet undetermined reasons, this harbor seal population has declined by about 90% in recent years. Sea otters are common in near shore waters around Tugidak Island. Humpback and gray whales can be spotted seasonally along the shore. Fish and Shellfish - The shallow waters and large eelgrass beds found in Tugidak Island's lagoon provide an important nursery rearing area for Dungeness crab and feeding area for large numbers of Pacific herring. On the sand bars at the mouth of the lagoon are concentrations of razor clams. Island streams support runs of chum, coho, and pink salmon. Public Use and Access - Tugidak Island is remote and undeveloped. There are no protected boat anchorages along its shoreline and no developed landing strips. There are no public use facilities on the island. Several seasonal mining camps are operated along the southwestern shore. Infrequent visitors from Kodiak Island arrive by boat and float or wheel plane for waterfowl and ptarmigan hunting, beachcombing and clamming in storm - pounded beaches, and wildlife /nature watching. Use of motorized vehicles in the critical habitat area requires a special area permit from the Department of Fish and Game. .ASfMr ok ,n.. s Laks ... .wi nn jts,ds AnlakChak Natonal Monument An: & < Aniakchah National Monument An' ! C> In Cebin Aniakc ➢ek tJatlonal,,J��".MO//r9y!�yN1I + f 1 * n . „iL _ aN- Ca ➢Ih Caoin cae n iOcean� masks A14W4 Z.ne'6 Csbms Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 17 Wet Dog Permit Request 2011 Master With Macros it" =`Ilnfirriat Th Alaskan Wet Dog Race 2.35 Zone 7: Semidi Island National Wildlife Refuge The Semidi Island National Wildlife Refuge is a National Wildlife Refuge located in the middle of the gulf of Alaska. Our proposed route puts us well over 37 miles away from this area and we are confident in saying that we will not be causing any impact at all in this area. We have met with Bill Raften with the Fish and Wildlife and he was able to provided us with that information of the restrictions for this area. .h111CALIIEIl II0IIUI CI wurIur,IEla Mll " "' "" " " "'< " "" , 1 N h an.rt +cna 7.. n Surprise Ls a �'Ar »�'3,� L � _ l H''' Mser Cret'008 crt Heiden Aniakchak NationaIMohument An Hniakchar National Monument An Cabin C al it Cabin A niakchak National Mo n FL 0' 2 ...e v.a ,.., Cab' ' ..20'. Cabin , Cabin I0ceanI fhi9n I.l,lanli take ^ape. ?za • Cabins Zone 7 10mi CFq pAar, rt.', Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 18 °p3 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.36 Zone 8: Izembek State Game Refuge Zone 8 Is Izembek Lagoon Critical habitat area. Our proposed route keeps us in the ocean. We can not see any reason at all that we would ever need to be in the lagoon its self. However we are requesting the right to be able to stop on the beach in the general area to take a safety break and stretch our legs. This is one of the longest stretches of water on our trip from False Pass to Port Heiden and we are requiring our riders to rest often to avoid fatigue and so we can all monitor each other and make sure no one is in danger of being hurt. Located on the northern shore of the Alaska Peninsula, near the community of Cold Bay and adjacent to the Izembek National Wildlife Refuge, Izembek State Game Refuge supports one of the largest eelgrass beds in the world and annually hosts millions of waterfowl and shorebirds on their way to and from nesting grounds to the north. The State Game Refuge extends beyond the barrier islands into the Bering Sea. Birds As a major migratory staging area for most of the world's population of black brant, emperor geese and Steller's eiders, and host to thousands of northern pintails, mallards, oldsquaws and scoters, the „ area has received worldwide recognition as a "Wetland of International Importance. In the fall, black brant arrive to feast on the abundant eelgrass within the lagoon while Taverner's and cacklin g Canada geese feed on both eelgrass and crowberries. The Taverner's geese also stop by the tens of thousands at Izembek Lagoon in the fall. Emperor geese feed on eelgrass and crowberries and also graze on invertebrates and mussels from the shoreline at low tide. After the geese and dabbling ducks depart for wintering grounds, Steller's, king, and common eiders, black and white- winged scoters, and red - breasted mergansers remain to winter in the ice -free waters of the lagoon. Shorebirds are most numerous in the fall when they probe vast intertidal expanses of mud and sand for food at low tide. Rock sandpipers are among the most common and can be seen year- round. Bald eagles are regularly viewed along the shore. Mammals Most impressive of residents in size, brown bears can often be seen along the shores of Izembek Lagoon feeding on carrion and along the streams feeding on salmon. Wolverine, mink, and river otter also scavenge the beaches. Wolves, red fox, and caribou are commonly seen in the area. Harbor seals haul out on outer beaches of the barrier islands and on exposed sandbars during low tide. Sea otters are numerous within the lagoon. Fish Five species of Pacific salmon move through Izembek Lagoon on their way to and from their spawning streams. Pacific herring feed in the lagoon. Walleye pollack, greenling, sculpin, Pacific sand lance, cod, capelin, and smelt provide important prey species for birds, mammals, and other fish. Pacific halibut and flounder inhabit the lagoon as well. Concentrations of razor clams are found on the barrier islands. Public Use and Access Continued Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 19 GVA Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race 2.37 Zone 8: Izembek State Game Refuge (Continued) The lagoon is reached from the community of Cold Bay by road through Izembek National Wildlife Refuge. Izembek Lagoon is also accessed by wheel - planes landing on unimproved beaches, and by boat. Izembek Lagoon is popular with waterfowl hunters and bird watchers alike. Avid waterfowl hunters consider the lagoon a prime hunting area. Wildlife enthusiasts from around the world visit the refuge to witness the great waterfowl and shorebird convention. When conditions allow, commercial fishermen seine for sockeye and chum salmon in Moff ett Bay and Izembek Lagoon, and fish drift gillnets for chum salmon off -shore of the barrier islands. No public use facilities exist in the refuge. Visitors should be prepared for frequently occurring wind, rain, fog, and cold temperatures. Contact the Department of Fish and Game regional office in Anchorage or the Izembek National Wildlife Refuge office in Cold Bay to learn about current restrictions for off -road vehicle use and airplane landing in the refuge. . v +sN yr FJa l• r Q ,.tiNAc iaa'rJsland Y .. .UAtILa✓..r � Nl„ A Zone 8 JcsfiJb reeni2i e h:.0 akJs t � �sra �e 4 clan EL s . 5, hsiaolLacuJ _ ` n �61 Seaplane$pse 74 &1 '1p4 G1e_. aN .;gout Creek � s CoIi Bay " i � •''n � '- � sa as x Coid Bay 1‘"a64[a3r ear V ti 0 tl Aln' 1 f t ,3ck ,y k • r rtih e i Cl ' Ki q_ Coee RED M4 VMT: STRIPES 6q0 3 MI Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 20 Wet Dog Permit Request 2011 Master With Macros ileatatigage The Alaskan Wet Dog Race 2.38 Zone 9: Bristol Bay Critical Habitat Areas Five state critical habitat areas in Bristol Bay Tying along the Alaska Peninsula - Egegik, Pilot Point, Cinder River, Port Heiden, and Port Moller - host spectacular concentrations of waterfowl and shorebirds each spring and fall. Our route takes us by these places and aside from the towns them selves we will take care not disturb any kind of wildlife that we may encounter. Even though there is not any public access policies in place we respect the sensitive nature of these areas and will do everything in our power not to cause impacts or disruptions. Cinder River Critical Habitat Area Birds - The Bristol Bay critical habitat areas are major migratory stopover areas for hundreds of thousands of ducks, geese, and shorebirds in the spring on their way to northern nesting grounds, and in the fall on their return to southern wintering grounds. The vast expanse of tidelands and wetlands in these five embayments provide ideal feeding and resting habitat for birds to recover and restore their energy reserves on their long twice- yearly flights. In the fall, Ugashik Bay (Pilot Point Critical Habitat Area) and Cinder River are particularly important feeding and staging areas for the world's population of cackling Canada geese. Tundra swans concentrate at Cinder River in the spring and fall and Port Moller is especially important for emperor geese. Shorebirds use the areas in largest numbers in the fall. The most abundant species are rock sandpipers, dunlin, bartailed godwits, and western sandpipers. Pilot Point Critical Habitat Area Arctic and Aleutian terns, glaucous - winged gulls, and common eider nest on sand spits and islands in Port Moller Critical Habitat Area. Tundra swans nest on Port Moller's western shore lands. Ugashik and Cinder River shore lands support a unique nesting population of marbled godwits. Sea ducks winter in the protected ice -free waters of these embayments, especially Port Moller. Mammals - Harbor seals haulout and pup on spits and offshore islands. An occasional walrus can sometimes be spotted on the more remote beaches. Sea otters are abundant in Port Heiden and Port Moller. Brown bears scavenge the beaches for carrion. A portion of the Northern Alaska Peninsula caribou herd calves in the vicinity of Cinder River and seeks insect relief on the breezy coast. Smaller mammals, including river otters, mink, red fox, and wolverine can be spotted along the coast as well. Fish - Rivers flowing into these critical water bird habitats are productive salmon streams; five species of Pacific salmon frequent near shore waters. Pacific herring spawn and rear in Port Moller Critical Habitat Area. Public Use and Access - No public access to the areas has been developed, and public use facilities do not exist in these critical habitat areas. Access is by small plane or boat. The nearby communities of Egegik, Pilot Point, Port Heiden, Port Moller Cannery, and Nelson Lagoon all maintain airstrips. Commercial drift and set net fisheries are an important local use of all of these areas. A salmon purse seine fishery and a herring sac roe fishery are conducted in the Port Moller Critical Habitat Area. In the fall, these areas provide some of the best waterfowl hunting in the state. The Alaska Peninsula is a destination for brown bear hunters as well. Continued Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 21 Wet Dog Permit Request 2011 Master With Macros l itn -dfinc The Alaskan Wet Dog Race 2.39 Zone 9: Bristol Bay Critical Habitat Areas (Continued) Port Moller Port Heiden LA,I<I Y,aa. f:,a - f2 �rl.Wa snN. •, 1 •'.It..kt � , +II♦��AUri .' �m�� R � tlt i;Ap rl " <1 . st UI. f.al: . Ulr 4�v •1 ql.•w'. .il,lrt' {3 I k 1o. � n , . (J b1 1 1L; 1 r I� a n11 lucv dd, 4 '- .. �. ;dHllt - � -• :.� J.1 ....: •. � LI<n f:i't:...,. k.: 1 .1 Eqeqik Ugashik k G 1 . ■ / ,,, i Cinder River Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 22 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race Witli nog 2.40 Race Course (Clean Up) Lang Enterprises Inc recognizes the fact that with large numbers of people usually comes a large amount of debris and trash. It is in our plans that once the event is over, to have at least one "clean up" barge and possibly more that will go to each town and or village to "clean up the course. This will be how any and all PWC that have broken down or been left at the villages will be recovered and brought back to anchorage for preparation to be shipped out to the owners respective locations. (See Section 3.21 Ops and Support Guidelines) Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 23 Wet Dog Permit Request 2011 Master With Macros 41/411trittircr The Alaskan Wet Dog Race 2.41 "Paving the Way" Description The final phase of the planning process is to take a dry run of the proposed course to help us gather the necessary information needed to finalize our planning. We have dubbed these trips the "Paving the Way" expeditions. Due to certain time constraints the paving the way is going to have to be broken down in to two different trips. The first trip is to explore the area from Anchorage to Iliamna and then to explore the portion from Whittier to Port Graham. Our trips will consist of a small group of PWC, with a support / film boat and a plane. We will have limited number of film crew no more than necessary. The following is a list of villages and towns that we will be visiting during our Paving the Way Expeditions. We have also included a list of places of interest that we would like to possibly add to the course list and will be visiting them as well. For sure Checkpoints Possible Checkpoints 1 : Anchorage (Start) 1 : Village of Nelson Lagoon 2: Kenai 2: Ugashik 3 : Kasilloff 3 : Chinitna Bay 4 : Anchor Point 4 : Tyonek 5 : Port Graham 5 : Nikolai Creek 6 : Port Williams (South end of Shuyak Island) 6 : TBD 7 : Port Lions 7 : TBD 8: Kodiak 8: TBD 9 : Old Harbor 9 : TBD 10: Akihok 10: TBD 11 : Karluk 11 : TBD 12 : Larsen Bay 12 : TBD 13 : Chegnik 13 : TBD 14 : Perryville 14 : TBD 15 : Sandpoint 15 : TBD 16 : King Cove 16 : TBD 17 : Cold Bay 17 : TBD 18 : False Pass 18 : TBD 19 : Port Moller 19 : TBD 20 : Port Heiden 20 : TBD 21 : Egegik 21 : TBD 22 : Naknek 22 : TBD 23 : Igiugig 23 : TBD 24 : Iliamna 24: TBD 25 : Pile Bay 25 : TBD 26 : Williams Port 26 : TBD 27 : Whittier 27 : TBD 28 : Valdez 28 : TBD 29 : Cordova 29 : TBD 30 : Chenega 30 : TBD 31 : Seward Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 24 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race Fasc 2.42 Proposed Race Rules (Draft Stage) * �� t-. n- NO EXPRESS OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM PUBLICATION OF OR COMPLIANCE WITH THE RULES AND REGULATIONS IN THIS PUBLICATION. THEY ARE INTENDED AS A GUIDE FOR THE CONDUCT OF THE SPORT, AND ARE IN NO WAY A GUARANTEE AGAINST INJURY OR DEATH TO SPECTATORS OR PARTICIPANTS The Alaskan Wet Dog race is dedicated to providing a reliable, consistent, safe and honorable watercraft race. The Alaskan Wet Dog race encourages safe and responsible riding and strives to promote a positive image for watercrafts and their owners. This is a team race, consisting of two (2) persons and two (2) Watercrafts. Persons wishing to take place in the Alaskan Wet Dog race that do not have a partner to run the race with can register on the website as a single racer. Single racers can then contact each other to find someone that is willing to partner up with them. These participants will brave open oceans, Shallow rivers, bad visibility,bad weather, rough water, and will be pushing their watercrafts and bodies to the limits to reach the finish line. It is the world's longest, toughest watercraft race, and it is a true test of human and equipment endurance. All participants will treat race officials with respect and recognize their decisions as final at all times. Each participant is required to read the current years Alaskan Wet Dog Race event rules. Each applicant acknowledges receipt of the current years Alaskan Wet Dog Race event rules, which shall be applicable to each participant. Participants accept and agree to be bound by the terms and conditions of The Alaskan Wet Dog Race Event Rules. Lang Enterprises Inc. 1231 W Northern Lights Blvd # Anchorage, AK 99503 25 'l g )\) Wet Dog Permit Request 2011 Master With Macros 1141011-NUaggr The Alaskan Wet Dog Race 2.43 Proposed Race Rules (Draft Stage) (Continued) Each participant acknowledges that: The Alaskan Wet Dog has limited resources; is dependent on donors for a significant portion of its funding; functions with limited employed staff and hundreds of volunteers under only limited control of The Alaskan Wet Dog; and must organize the event in some of the most remote and uninhabited locations in Alaska in the most severe weather conditions. Under these circumstances, The Alaskan Wet Dog cannot and does not commit to perform obligations or responsibilities of any kind. The Alaskan Wet Dog disclaims all obligations and responsibilities of every kind and nature. While the Alaskan Wet Dog will attempt to perform all tasks it undertakes with reasonable care and effort, as determined in its sole and absolute discretion, it shall owe no duty of any kind or nature to participants, and it shall perform only such acts it deems necessary at its sole and absolute discretion. Participants shall have no claims, demands, suits or actions ( "claims ") of any kind or nature against The Alaskan Wet Dog, its agents, servants, employees, directors, officers, contractors or volunteers, regardless of whether any such claim is in the nature of contract, tort or other type of claim, and regardless of whether any such claim is for injury or damage to person or Property, except only if, and to the extent that, the claimant demonstrates, by clear and convincing evidence, that any such claim arises solely, directly and proximately from the intentional and willful wrongdoing by The Alaskan Wet Dog Race Board of Directors or by employed Wet Dog staff. Each participant agrees, by participating in any event by The Alaskan Wet Dog Race, to release, indemnify, defend and hold harmless The Alaskan Wet Dog, its agents, servants, employees, directors, officers, contractors and volunteers, from and against any and all claims, specifically including claims by third parties, except only if, and to the extent that, the claimant demonstrates, by clear and convincing evidence, that any such claim arises solely, directly and proximately from the intentional and willful wrongdoing by The Alaskan Wet Dog Board of Directors or by employed staff. The disclaimers, the limit on claims, and the agreement to release, indemnity, defend and hold harmless set forth herein shall apply to every act and omission of The Alaskan Wet Dog, its agents, servants, employees, directors, officers, contractors and volunteers, including, by way of example only, acts and omissions in planning, organizing, facilitating, staging, conducting, and judging the race and other Alaskan Wet Dog, events, and shall survive conclusion of the race and termination of the relationship between The Alaskan Wet Dog and participant. Each participant accepts and assumes all risks in any way arising from, related to, or connected with participation in any The Alaskan Wet Dog, events and each participant is required to obtain and maintain appropriate insurance covering all such risks. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 Ph. (907) 357 -7828 Fax (907) 357 -7829 Web: www.wetdograce.com Email: john.lang(EwetdoRrace.com Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 26 Wet Dog Permit Request 2011 Master With Macros lr;l�ir�g The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) OFFICIAL EVENT RULES 2.44 REGISTRATION AND ENTRY 1. Waiver Forms are mandatory for all personnel in non - spectators areas. 2. Entry, Medical Release, Liability Waiver & Indemnity Agreement and Participant Biography forms must be completed in full in order to participate. 3. For each participant, a current physical exam by a certified medical physician shall be turned into The Alaskan Wet Dog, with all entry forms. Certified copies of C.D.L. and or pilot's medical examination certificates that are current throughout the race event are acceptable. 4. Current Head -Shot Digital Color Photos are to be submitted with entry forms and are required in order to participate. 5. No refunds of entry or other fees will be made after registration is closed, unless an event is cancelled or rescheduled by a ruling from the board of directors. Refunds during registration period will be processed with a 20% processing fee. Registration starts June 1st, TBD and ends December 1st, TBD. 6. All participants must be current members of The American Watercraft Association. (This rule under review and consideration.) 7. Participants must declare their class upon entry: There are two class's The Big Dog Class and the Puppy Dog Class. Big Dog Class will be racing for monies and the Puppy Dog class ride the course but not for any type of monetary reward, The puppy class are running the race just to see if they can do it or not. (Reviewing this to decided to go with only one class of racer.) 8. No participant under the age of eighteen (18) will be allowed to participate. Unless one member of the team is the parent or legal guardian and they want their child to ride with them. Then it will be assesed and reviewed by the Race board. ( This portion is still under review and consideration) Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 27 b) Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.45 WATERCRAFT DESCRIPTION 1. All watercraft intake systems, engines, and systems, are to be stock (except as noted below) 2. All watercrafts shall be equipped with an engine shut -off tether cord that shuts off should the rider fall off the watercraft. 3. All participants will shut the watercraft down with the tether cord during fueling operations. 4. Engine must remain in original mounting location. 5. An adequate return spring on the throttle is required. 6. Choke mounting location may be moved for driver comfort. Choke system may be disconnected. 7. If oil injection system is OEM standard, oil injection system and all associated components must be installed in their OEM configuration, but may be disconnected. Oil injection nozzles may be removed or plugged. Premixed oil and fuel may be used. Racers are responsible for mixing their own fuel and oil "on the clock ". 8. Engines will have OEM tags and or serial numbers affixed to the engine and chassis. 9. The exhaust system shall be OEM.. 10. Lights in accordance state boating regulations will be allowed for night travel. 11. All watercrafts must have jets, No outboard props are to be used. 12. Each watercraft must have a current watercraft registration sticker from any state visible on their Watercraft. (May have to have Permit from Alaska to ride in the race, still to be determined) 13. Fuel transfer systems will be allowed provided they do not enhance the engines performances. 14. All watercrafts must have the following items, Fire extinguisher Noise Maker, whistle or horn Flare Kits 15. Handgrip warmers will be allowed to be installed. 16. Electric bilge pumps will be allowed to be installed and they are strongly recommended. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 28 1 Wet Dog Permit Request 2011 Master With Macros ,� The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.46 CODE OF CONDUCT In the spirit of good sportsmanship and the Alaskan Wet Dog, all participants must adhere to the following: 1. Participants and race officials will conduct themselves in a prudent and respectful manner at all times. 2. Participants must obey all local, state, and federal laws. 3. Participants working on Watercrafts during the event must allow a path for other event participants and their Watercrafts. 4. Participants will not block the access into or out of the checkpoint and /or impound areas. 5. No fighting, vulgarity, derogatory or offensive language will be tolerated. 6. Littering and or polluting on the racecourse will not be tolerated. 7. Negative publicity from any participant will not be tolerated. 8. Racers shall be aware of all race teams approaching from the rear and overtaking. Actions will be taken as to not impede a faster race team. 9. Puppy Class teams will defer to any Big Dog Class teams at all checkpoints. (Reviewing whether not to have 2 race Classes. ) 10. Participants will not at any time harass, maim, disturb any wildlife or marine life. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 29 i�� Wet Dog Permit Request 2011 Master With Macros �t�r The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.47 PARTICIPANT PROTECTIVE EQUIPMENT It is the responsibility of the participant to select protective equipment that will conform to the Alaskan Wet Dog guidelines and provide adequate protection. Even though race rules committees develop guidelines, the Alaskan Wet Dog does not endorse or guarantee specific products or manufacturers of protective equipment. Participants must rely on their own judgment in the selection of helmets and other apparel for protection and durability. 1. Regardless of participant apparel passing prior inspections, compliance with the rules must be made at post race inspections. 2. Full coverage helmets are mandatory (at minimum Open Face Helmet). Helmets will be full protective coverage and carry the 2000 or later Snell Foundation Approval Code. This is also mandatory in the tune -up area. The helmet must be securely fastened at all times. 3. It is mandatory that each participant wear a Personal Locater Beacon attached to their person. 4. It is mandatory that each participant wear a floatation device, which is certified or listed by UL to support the person wearing it. This can be in the form of life jackets, or float coats. Just wearing a dry suit is not sufficient. 5. It will be mandatory that each participant will have attached to the outside of his or her floatation device, a flashing strobe that will be activated when submersed in water. 6. Arctic boots able to Provide Protection to -30 degrees below zero. Boots must also be water resistance. Bunny Boots are the acceptable norm. 7. Eye protection is mandatory during the event. The use of goggles and or face shields is required. If corrective lenses are required to drive a motor vehicle, it will be required for event participation. The helmet shield will be adequate for this requirement. 8. Back bracing is highly recommended but not required. Lang Enterprises Inc. 1231 W Northem Lights Blvd # 560 Anchorage, AK 99503 30 l 05 MIL Wet Dog Permit Request 2011 Master With Macros u { .:A_ The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.48 MANDATORY SURVIVAL EQUIPMENT 1. In addition to the noted participant protective gear requirements, each team is required to carry the following: (Note: per person means that these items must be carried by each participant.) A. One sleeping bag certified to be capable of providing protection to -30 degrees F per person, carried in a dry bag. (waterproof) B. One, two -man "3- season" freestanding tent per team or bivy bag per person. C. Spare set of arctic type clothing per person. D. Spare set of face and eye protection per person. E. One First Aid Kit per team, minimum weight 12.5 oz. F. One set of aviation, marine, or geodetic maps and one compass per person. G. One hatchet or survival saw per person. H. Fire starting materials (matches, lighters, flint sticks) in sufficient quantity and carried in waterproof containers. 1. One arctic stove with sufficient fuel reserves per team. (Arctic Stove definition: A stove that is guaranteed to burn /operate at subzero temperatures and /or windy conditions.) J. Provisions to make water (small pots, filter bottles, etc), one set per person. K. Sufficient food for two days. (Minimum of 3,000 calories per person (Provide certification with labels). L. Three aerial signal flares per person. M. 50 -feet of 12001b test rope or stronger rope per team. 3/8 "- 1/2" nylon rope will suffice. N. One flashlight per participant. (C cell or larger is recommended.) LED lights will also be acceptable. 0. Sufficient tools to make in -field repairs (show tools at the safety inspection). P. A minimum of one (1) gal of fresh drinking water to be carried in non - breakable container per participant. Water will be restocked at each "town" type checkpoints. Q. Jumper Cables, one set per watercraft. R. We highly recommended but not required a battery jump pack. One per team is recommended and acceptable. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 31 Wet Dog Permit Request 2011 Master With Macros 4 r ,lied The Alaskan Wet Dog Race 2.49 Proposed Race Rules (Draft Stage) (Continued) S. Dielectric grease. This will be for all electrical connections. T. Fire extinguisher U. Noise maker, like a whistle or air horn. V. 3 Road flares. Good for starting fires in the wet areas. 2. All clothing and food will be in waterproof bags. 3. Each participant will certify upon signing the Safety Inspection Form, compliance of the mandatory equipment. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 32 16`1 Wet Dog Permit Request 2011 Master With Macros x ". - The Alaskan Wet Dog Race tea_ Proposed Race Rules (Draft Stage) (Continued) 2.50 ADDITIONAL REQUIRED EQUIPMENT ADDITIONAL REQUIRED EQUIPMENT that is included in the entry fee that will be provided to each team at the mandatory pre race meeting. Participants will be responsible to make sure that the equipment provided by the Alaskan Wet Dog is functioning properly before starting the race and the participants will be responsible to take care of the equipment during the race. The Alaskan Wet Dog is not responsible if the equipment fails to function. (Instructions on how to use the equipment will be given at the mandatory pre race meeting.) 1. One Satellite phone with instructions and contact phone numbers per participant. It will be provided in a waterproof pelican case. The battery pack connection points need to be covered with a layer of dielectric grease to prevent corroding. 2. One waterproof marine handheld VHF radio with extra lithium batteries vacuum packed, per person. (The radio must be attached /carried on the rider. It cannot be stored in the watercraft. The battery pack connection points need to be covered with a layer of dielectric grease to prevent corroding. If the radio is not the floating type it must have a flotation device attached to it that will keep the radio from sinking if dropped in the ocean. The ICOM IC -M34 is a good radio for this purpose. 3. One Personal Locater Beacon, (Must be attached /carried on the rider. It cannot be stored in the watercraft. The battery pack connection points need to be covered with a layer of dielectric grease to prevent corroding. 4. Transponder unit for the watercraft. This will be how others can watch your progress and the emergency crews will be able to locate your craft if you get separated from it. Each transponder will be register to specific riders and should not be changed with other riders. 2.51 Highly recommended items not supplied by the Alaskan Wet Dog Race 1. Waterproof GPS (Navigational Aid), with mount and powered within the watercraft system. Make sure electrical connections get a layer of Dielectric grease to prevent corrosion. 2. Handheld GPS with Spare Batteries. Make sure that the battery connection gets a layer of dielectric grease to prevent corrosion 3. Spare batteries that work well in cold conditions for all equipment. Vacuum packed preferred or stored in waterproof bag. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 33 Wet Dog Permit Request 2011 Master With Macros itttatiltid Oat' The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.52 Big Dog Class Competition Rules 1. A participant can accept parts and safety gear from anyone at The Alaskan Wet Dog checkpoints only. 2. Big Dog Class participants cannot ride the route during any layover. 3. Big Dog Class impound areas other than "On the Clock" participants that are entering or departing from are off limits to anyone unless authorized by the Race Director. 4. Fuel, coolant, and oils may be obtained from any location on the route. Fuel and other liquids provided by The Alaskan Wet Dog during the event are only available at the designated checkpoints. 2 cycle oil will not be supplied by the fuel barges. Watercrafts using 2 cycle engines will have to make sure that the mix their own fuel. The Wet Dog race will not be responsible for mixing oil and gas. Each participant will have to take care of their own. 5. Only active Big Dog Class participants and pit crews may assist in the working on other Big Dog team's watercrafts. 6. All work performed on Big Dog Class Watercrafts will be done "on- the - clock" during the race. 7. Engine assemblies consisting of assembled crankcases, crankshafts, cylinders, rods, heads, and pistons; cannot be replaced in whole. These assemblies must be repaired with the individual components. 8. At the safety Inspection, the race director will record serial numbers of the engines for each machine in the Big Dog Class. Big Dog Class teams will be able to replace parts at designated checkpoints only and only "on the clock "; however, all damaged parts must be turned into the next checkpoint where a checkpoint official will log the parts in on the participants' layover card. All replaced parts will be resealed in lliamna as required. 9. CDI/ ECU module reprogramming and welding can be done with the following provisions: a. All work required must be reported to the Race Director, or a Checkpoint Official prior to repairs proceeding. b. All work must be performed "on the clock" and at a designated checkpoint. c. The completion of repairs must be reported to the noted race officials prior to a team's departure. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 34 b(D\ Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race I Proposed Race Rules (Draft Stage) (Continued) 2.53 GENERAL COMPETITIONS RULES (ALL CLASSES) 1. All participants are responsible for the removal of all part(s), Watercraft(s), gear and/ or supplies from the route. All excess supplies, broken parts and other materials belonging to any team must be turned in at the next checkpoint, including the finish line. 2. Participants are required to obtain personal liability and accident insurance. 3. Team numbers and bibs will be issued by the Alaskan Wet Dog and will be displayed in a highly visible area on the back of participants jackets and worn at all times by participants during the Alaskan Wet Dog Race. Issued team number decals shall be placed in the center of the Watercraft windshield as low as possible, and as centered as possible, not to obstruct participants vision. Participants may provide their own bibs with designated race numbers that meet specific safety requirements. (Please contact the Alaskan Wet Dog for current requirements) 4. All sponsored items and logos furnished by The Alaskan Wet Dog must be displayed as required on the exterior of participating watercrafts. 5. Participants will stop and render aid if they come upon another team in a life- threatening situation. The Race Director will adjust the race times accordingly to compensate for the safety aid. (Reviewing) 6. Use of any tracking device shall not be permitted unless approved or provided by the Alaskan Wet Dog. 7. During the event each participant must stay with original teammate(s), with the exception of a Big Dog Class participant opting to join an existing Puppy Class team, if their original teammate is no longer participating. (Under review) 8. Substituting participating entrants are only allowed prior to the start of the race and only after proper paperwork and fees have been received and approved by the Alaskan Wet Dog prior to the driver's meeting. 9. The following Race Flags can be expected during the race: Green Flag= Start, Checker Flag= Finish. 10. Survival equipment as described herein will be inspected prior to the start of the event, in Whittier, and at the Finish Line, and or at the discretion of the Race Director, or his /her designee, at any time during the event. 11. All participants or teams aware of any injured participants or damaged Watercrafts shall relay the information to the officials at the next checkpoint. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 35 \\13 Wet Dog Permit Request 2011 Master With Macros T he Alaskan �'������� s s; s s an Wet Dog Race 2.54 Proposed Race Rules (Draft Stage) (Continued) 12. The race officials charged with the timing and communication of the event will consist of the Executive Director and required assistants. These officials will operate Race Headquarters and will coordinate all communication and timing issues during the race. These officials will not interpret race rule issues. 13. The race officials operating the checkpoints shall consist of volunteers. These volunteers shall; log in and log out all participants both passing through and on layovers, assist in fuelling and oiling operations, review the Watercraft for working lights, windshield, throttle /brake, etc, tend to impounded Watercrafts, relay repair and time tracking information to the appropriate officials. These officials will not interpret race rules but will forward all witnessed rule infractions and Protests to the Race Director. These officials will be noted hereafter as Checkpoint Officials. 14. The Mandatory participants meeting(s) must be attended by ALL participants. 15. All participants and their Watercrafts must attend the Safety Inspection. 16. The Alaskan Wet Dog reserves the right to refuse entry to or withdraw any team not possessing sufficient survival equipment. 17. The Alaskan Wet Dog reserves the right to alter or cancel the event at any time. 18. In no way whatsoever shall any participant, volunteer, or race official present negative publicity in any form to the media or the public. The Executive Director of The Alaskan Wet Dog shall coordinate all media relations. 19. The Alaskan Wet Dog officials, or its designee, may record by photographing or videotaping any participant and their Watercraft and gear during the race event at any time. 20. All scratches must be reported at the nearest checkpoint as soon as possible. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 36 1k1 Wet Dog Permit Request 2011 Master With Macros ,� The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.55 RACE DIRECTOR AUTHORITY 1. The race officials charged with the conduct of the race will consist of a race director and a minimum of two other assistants. These officials will supervise the race start line, halfway layover and the race finish line. These officials shall constitute the race director team and will interpret race rules during the race. These officials will be noted hereafter as the Race Director Team. 2. The Race Director Team will be certified by the Alaskan Wet Dog Race Board before the race. 3. The Race Director shall be responsible for the conduct of the race. He /She shall have the right to make the final determination concerning all aspects of the race and the race facility, including design (these rules and regulations not with standing). 4. The Race Director Team shall have the voice of authority to discipline the participants for violation of the rules. 5. The official race results shall be approved by the assigned Race Director. A signed copy will be returned to the promoter for announcement and distribution. 6. Race Director may not have vested interest in the outcome of an event over which he /she officiates. He /she may not officiate over a class in which he /she has a vested interest. 7. Race Director and assistants may compete in events other than those in which they officiate. 8. The Race Director may cancel any race or the complete event for reasons of safety regarding competitors or spectators, and in such case shall determine the awards, if any. The Race Director may shorten the race for any reasons of safety but must give drivers adequate notice in advance. 9. A Race Director may judge the mechanical integrity of all timing equipment. 10. Only participants will have discussions with the Race Director about protests, and driving complaints, etc., and may approach the director before the day's events, after an event, or at the direction of the race director. 11. The Race Director has the authority to judge the racing abilities of competitors and take appropriate action to insure the safety of the event. 12. The Race Director shall have the authority to determine structural integrity. 13. The Race Director shall carry and be responsible for the official specifications and certain instruments for measurements concerning verification and control of contestants' watercrafts. 14. Technical equipment and specifications will not be used for any purpose other than the conduct of the sanctioned event. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 37 ��a Wet Dog Permit Request 2011 Master With Macros °x arts The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.56 INTOXICATING BEVERAGES & DRUGS 1. Any participant is strictly forbidden to be drinking, smoking or taking any kind of intoxicating substances during the race. This includes the time spent at layovers. Anyone showing evidence of having used an intoxicating beverage must leave the premises (specifically pit, paddock (staging area), warm up area, tear down and race course) immediately and be subject to disciplinary action. This shall be in effect during the Safety Inspection Festival and at the race start through the final inspection of watercrafts at the race finish. 2. Possession or use of illegal drugs or drug substances, as defined below, is prohibited in any form, by any participant, on the race facility, or in any area considered to be used in the operation of the race facility, such as parking lots or leased properties. 3. Illegal drugs are these substances defined and prohibited by state /provincial and /or federal law. 4. Any person found to be in possession or under the influence of an illegal drug or drug substance on race facility property, as defined above, or any person who is arrested by duly constituted authorities and charged with possession and /or use of illegal drugs or drug substance or any person who is formally charged by a court of law with illegal drug violations, shall be subject to suspension from competition and eviction from the race facility, and denial of further entry to the race facility for a period determined by the disciplinary committee. 5. If a participant is using prescription drugs on advice of a physician, such use must be reported to the Race Director prior to the participant's starting this race. Failure to notify will subject the participant to penalties as prescribed above. 6. A participant is any person taking part in any event sanctioned by or affiliated with the Alaskan Wet Dog, in any form, including but not restricted to drivers, Watercraft owners, mechanics, crew members, sponsors, track officials, pit area personnel, manufacturers and press representatives. All such persons shall be considered public figures that have by their own choice become involved in the Watercraft racing events, with the full understanding that he or she must abide by the rules and regulations established and published by the Alaskan Wet Dog. All participants are considered to be responsible for their personal conduct. 2.57 FEES AND RACE CLASS PAYBACK 1. All entry fees are non - refundable. 2. If there are no qualified money finishers, the purse will be held in escrow for the following year's race. 3. Our Goal is to have 500 teams. The number of Big Dog Class race participants will determine the size of the winning purse. The distribution of the announced purse will be based by: See Attachment E. (Still Being Worked) Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 38 11� Wet Dog Permit Request 2011 Master With Macros montrorgre The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.58 PENALTIES 1. Any participant and or team that violate the race rules may be disqualified and or subject to the penalty as shown below. All penalties shown are to be considered as a maximum; lesser penalties can be assessed depending on the severity of the violation as determined by the Race Director. All decisions of the Race Director are final. 2. A participant may be removed from competition or participation at any time if, in the opinion of the Race Director in consultation with a Medical Doctor, he /she has a medical and or physical problem, which poses a hazard to him or herself or others. 3. Any participant or team found in violation of an infraction will be liable for the costs incurred in the disciplinary action and determination of said infraction. 4. The following race rule violation can receive the following maximum penalty: a. For cases of fraud, the participant or team can be banned from racing in the Alaskan Wet Dog for a time period of not Tess than two years or possible permanent expulsion depending on the severity of the infraction. All cases of fraud will be brought before the Race Director for a decision and, if necessary, the Board of Directors. b. Bribing or attempting to bribe anyone connected with the race will result in disqualification. c. No attendance at the driver's meeting or at the safety inspection: Disqualification. d. Race support other than specified and the use of assembled engines. Disqualification. e. Work assistance on a Big Dog Class Watercraft by other than active racer: +10 hours per incident. f. Arrive at the finish line without documented engine, tunnel, or slide rail (see Provisions for damaged parts): Disqualification. g. Engine not shut off with tether cord during fueling operations: The Checkpoint Official cannot allow fueling. h. Work on watercrafts during "off clock" times: +10 hours, per incident. i. Drinking Intoxicating beverages and the use of illegal drugs: Disqualification. j. Ride race course during layover: +5 hours. k. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 39 1' \ Wet Dog Permit Request 2011 Master With Macros "1-V Didil e The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.59 PENALTIES (Continued) I. Non Compliance to watercraft description #1: Disqualification. m. Driving at night without proper boating lights or non - working running lights: Disqualification n. No current watercraft registration: Disqualification. o. Missing Safety Equipment: +1 hour per each required item missing, team will not be allowed to continue until items are acquired. The Race Director reserves the right to check any team's safety equipment at any time. p. No layover cards at Iliamna: +5 hours per NB or SB leg (added to required layover times) q. No documentation of arriving at a checkpoint: +5 hours per checkpoint. r. Unsafe speeds entering /leaving a checkpoint (at the discretion of the checkpoint officials): +5 hours per checkpoint. s. Race Course deviation: +10 hours. t. Intentional polluting at a checkpoint: Disqualification. u. Code of Conduct: #'s 1, 3, 4, 5 and 6: Disqualification. Ws 2, 7: + 1 hour per each delayed team. v. Protective Equipment missing on any participant. Team in violation will not be allowed to continue until missing equipment is adorned or disqualification. This will be done "On the Clock ". w. Other rule violations not noted shall be compared to a similar noted violation and an appropriate penalty assigned. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 40 �1 Wet Dog Permit Request 2011 Master With Macros ;; The Alaskan Wet Dog Race Il 9 Proposed Race Rules (Draft Stage) (Continued) 2.60 PROTEST PROCEDURES 1. Protests and appeals must be submitted in writing to the Race Director or a Checkpoint Official by only a participant within 30 minutes of arriving at the next checkpoint capable of communications. Infractions must be reported as noted or they did not happen. Protests from other than a participant will not be acknowledged. 2. A Protest submitted by a participant must include a $1000.00 Protest fee, payable in Iliamna or the finish line. If the Race Director deems the protest valid, The Alaskan Wet Dog, Inc. will retain $100.00, and $900.00 will be returned to the Protester. If the protest is deemed invalid, $900.00 goes to the protested team. Protests will not be valid without the payment of the protest fee. 3. Once a protest fee is accepted, the protest cannot be withdrawn. 4. Protests can only be filed by active race participants of current year's race. The Race Director will review any and all alleged violations, and any penalties to be assessed will be done so. The Race Director will rule on a protest in Iliamna for all north bound protests and at the finish line for all south bound protests. 5. Protests must be more than hear -say or word -of -mouth allegations. At a minimum, both teammates must have witnessed any infraction brought to protest and as noted, must certify so in writing. 6. No protests will be accepted that refer to the Race Director's and /or Checkpoint Official's judgments or decisions Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 41 Wet Dog Permit Request 2011 Master With Macros y The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.61 CHECKPOINTS, LAYOVERS AND THEIR OPERATION 1. All team participants must check in with Checkpoint Officials at all checkpoints. 2. The Checkpoint Officials will record teams in and out times. One team member must sign at each checkpoint. 3. Layover cards will be issued to each race team; the card is for the team's protection in the event that they disagree with the information from the checkpoints. Drivers must have the Checkpoint Official's initial layover cards. Also, all turned in damaged parts must be noted on the layover card. 4. Layovers for all race class participants from starting line in Whittier to Kodiak. a. Total required layover time of 28 hours. There will be a minimum of 6 hours at any location with a minimum of 3 locations. b. All layovers must be taken before leaving Kodiak. c. The last available layover location is Kodiak. 5. Layovers for race class participants traveling from Kodiak to Iliamna. a. Total required layover time of 28 hours. There will be a minimum of 6 hours at any location with a minimum of 3 locations. b. All layovers must be completed before leaving Naknek. c. The last place to make up for the Layovers is going to be Naknek. 6. When the first place Big Dog Class team arrives in Naknek, the Race Marshal may designate a mandatory "off -the clock" layover at his discretion to assure a daylight finish in Iliamna. Each team arriving in Naknek after the first place race class team will be delayed the same amount of time as the first place team into Naknek. 7. The designated impound area is outdoors. Once a Watercraft is impounded for a layover, the Watercraft is considered "off the clock" and is off- limits to everyone. Checkpoint officials will tend to and protect the impounded Watercrafts. Use of electricity to keep Watercrafts warm is prohibited. Remote starting devices are prohibited. 8. Once in Kodiak, no work on the Watercrafts will be done "off- the - clock" or during the 40 -hour layover, with the following exceptions: a. Each team will be allowed one 15- minute machine inspection "off- the - clock" during the 40 -hour layover period. Touch but do not remove anything. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 42 11 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race noinkdorige Proposed Race Rules (Draft Stage) (Continued) 2.62 CHECKPOINTS, LAYOVERS AND THEIR OPERATION (Continued) b. One time only, a race team may work on their impounded machines. c. "On- the - clock" repairs will be timed by the minute. d. Total responsibility for enforcement will be by the authorized race director in Iliamna e. After the team completes its "on- the - clock" work, the remaining amount of the mandatory layover time must be completed before the team may leave Kodiak. (Example: Team A arrives in Kodiak at 1:00 a.m., takes 14 hours of rest, begins to work on their machines at 3:00 p.m., works on machines for 14 minutes, goes back off - the -clock at 3:14 p.m. - they can depart Kodiak at 5:14 p.m. the next day after 26 hours of additional rest time.) 9. It is mandatory that both team race participants and their watercrafts check into and out of each checkpoint together. The last team race participant to check in will determine the team's official time. 10. A race team may arrive at a checkpoint being towed by an active Pro -class racer except at the finish line where only a teammate may tow their race partner across the finish line. 11. Race class participants cannot leave a checkpoint and resume the race undertow. 12. Safety equipment removed from a watercraft at a checkpoint by a participating racer will be done "on- the - clock" and prior to the time start of any layover. Installing bags or gear on any race Watercraft after a layover shall also be done "on- the - clock ". In Iliamna only, will each team be allowed to remove and reinstall their bags "off the clock ". 13. Checkpoint Officials are not allowed to leave a checkpoint to take fuel to a participant on the route. 14. All participants will reduce their pace to a safe speed as they approach and proceed through all checkpoints. Riders will obey all local regulations of no wake zones. Riders face disqualification for not obeying "No Wake zones ". 15. All participating Big Dog class teams must arrive in Iliamna within 7 days of the first place team. Any race class team(s) that does not arrive into Iliamna within the required time limit finishes as a Puppy Dog Class participant in Iliamna. (This section is open to change depending on weather delays and unforseen circumstances.) 16. All finishing watercrafts must remain in the impound area until released by the Race Director. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 43 1 \ u Wet Dog Permit Request 2011 Master With Macros ' `Oae The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.63 STARTING PROCEDURES 1. The starting order for the first year the event is held will be in the order that the participants signed up. Signed up denotes the full entry fees have been paid in full. The starting order of Big Dog Class team's is determined by drawing numbered cards at the mandatory drawing reception. 2. Participating teams line up in their starting position order at the designated starting line at 5:00 a.m. on race day. Teams will depart in racing position order in two - minute intervals at 6:00 a.m. 3. There will not be a starting time correction for this event. It is expected that first riders will be reaching or be near the finish line about the same time the last riders are taking off the starting line. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 44 1 Wet Dog Permit Request 2011 Master With Macros The Alaskan Wet Dog Race viyouirdance Proposed Race Rules (Draft Stage) (Continued) 2.64 RACE COURSE 1. The racecourse shall consist of any route between official checkpoints. 2. All participants are reminded that the racecourse is a public use route and is not protected. Other route users and or animals can be expected running against and with the race direction. All other route users, including cruise ships, fishing boats, Alaska Marine Highway Ferries, Coast guard, have the right -of -way at all times. It is the rider's responsibility to conduct them selves in a positive manner to assure continued use of Alaska's oceans, rivers, and lakes for personal watercraft riding for both recreation and racing. Participants may take any route between checkpoints they want to as long as they check in at each checkpoint in the order that they have been designated. 3. Due to the ongoing negotiations with the Coast Guard, Bureau of Land Management and other agencies, race routes and rules may be changed. Drivers will be notified at the driver's meeting should this occur. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 45 1 �� Wet Dog Permit Request 2011 Master With Macros =�liki ffiathig The Alaskan Wet Dog Race Proposed Race Rules (Draft Stage) (Continued) 2.65 GAS STOPS AND FUELING 1. Only checkpoints are designated gas stops. The Alaskan Wet Dog does not provide fuel at areas that are not checkpoints. Each participant should know how far their craft can travel and if they can not make it between checkpoints with the fuel they receive they can and are encouraged to carry extra cans of fuel with them. The extra cans of fuel must be tied with a lanyard to their craft so that the cans are not lost at sea. If the spare cans are used the empty cans must be carried with the craft and not left at sea or in the checkpoints. There will be a financial penalty for littering anywhere on the racecourse. 2. 2 -cycle oil and isopropyl will not be supplied. The Alaskan Wet Dog will not provide grease and or grease guns. 3. All lids must be put back on all containers and left upright. 4. Deliberate dumping or spilling of fuel, oil, antifreeze, isopropyl or any environmentally harmful substance will be considered polluting and will not be tolerated. 5. Checkpoints, See Attachment "D" for all checkpoints gas stops and layovers with approximate mileage. Lang Enterprises Inc. 1231 W Northern Lights Blvd # 560 Anchorage, AK 99503 46 12/14/2011 9:25 AM PRELIM - Run Date - 12/14/11 @ 9:25 AM Providence Health & Services BAL SHT 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of November 2011 November 2011 December 2010 November 2011 December 2010 Actual Last Year Actual Last Year ASSETS LIABILITIES & NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents (1,842) (414) Accounts Payable 342 223 System Pooled Cash - - Accrued Compensation 853 834 Mgmt Designated Cash & Cash Equiv. - - Affiliates Payable - - Short Term Investments - - Payable to Contractual Agencies 254 420 Assets Held Under Securities Lending - - Deferred Revenue /Unearned Premiums 24 30 Accounts Receivable, Net 2,855 2,111 Liability for Unpaid Medical Claims - - Affiliate Receivable - - Liability for Risk- Sharing - - Premiums Receivable - - Liabilities Under Securities Lending - - Other Receivables 425 (18) Other Current Liabilities 2,742 1,231 Supplies Inventory at Cost - - Short-Term Debt - - Other Current Assets 3 24 Current Portion of Long -Term Debt - - .� Current Port. of Assets -Use is LTD - - Total Current Liabilities 4,215 2,738 Total Current Assets 1,441 1,703 Assets Whose Use is Limited: Lona -Term Debt: Mgmt Designated Cash and Investments - - Master Trust Debt - - Funds Held for Long -term Purposes 1,834 476 Loans from Affiliates - - Gift Annuity and Trust Funds - - Other - - Funds Held by Trustees - - Long -Term Debt - - Non-Current Assets Limited as to Use 1,834 476 Property. Plant & Eouipment: Other Long -Term Liabilities 45 69 Gross Property, Plant & Equipment 107 107 Less: Accumulated Depreciation (94) (75) Total Liabilities 4,260 2,807 Net Property, Plant & Equipment 13 32 Net Assets: Other Assets: Unrestricted (947) (569) Unamortized Financing Cost - - Temporarily Restricted 3 3 Interaffiliate Notes Receivable - - Permanently Restricted - - Other (Ind. Long -term Investments) 28 30 Total Net Assets (944) (566) Total Other Assets 28 30 Total Liabilities and Net Assets 3,316 2,241 Total Assets 3,316 2,241 8 12/14/2011 9:25 AM Run Date - 12/14/11 @ 9:25 AM Providence Health & Services DET_OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of November 2011 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 198 157 26.1% Acute Care - Inpatient 2,153 1,731 24.4% 1,771 21.6% 515 451 14.2% Acute Care - Outpatient 5,708 5,853 (2.5 %) 5,715 (0.1%) 145 127 14.2% Primary Care 1,397 1,561 (10.5 %) 1,586 (11.9 %) 1,015 859 18.2% Long -term Care 11,711 9,558 22.5% 8,763 33.6% - - - Homecare & Hospice - - - - - - - - Housing & Assist. Living - 1,873 1,594 17.5% Total Gross Service Revenues 20,969 18,703 12.1% 17,835 17.6% Revenue Deductions: 13 29 (55.2 %) Charity Care 277 320 (13.4 %) 203 36.5% 309 41 653.7% Medicare & Medicaid 3,980 527 655.2% 891 346.7% 4 4 - Negotiated Contracts 14 53 (73.6 %) 72 (80.6 %) (19) 39 (148.7 %) Other 778 481 61.7% 425 83.1% 307 113 171.7% Total Deductions 5,049 1,381 265.6% 1,591 217.3% 1,566 1,481 5.7% Net Service Revenue 15,920 17,322 (8.1 %) 16,244 (2.0 %) - - - Pr emium Revenue - - - - - r l - - Rental and Education Revenue - - - - - 3 7 (57.1 %) Other Operating Revenue 189 78 142.3% 318 (40.6 %) 1,569 1,488 5.4% Total Net Operating Revenues 16,109 17,400 (7.4 %) 16,562 (2.7 %) Expenses from Operations: - Purchased and Healthcare Expenses - - - - - Other Expenses from Operations: 785 725 8.3% Salaries & Wages 8,439 7,939 6.3% 7,614 10.8% 243 250 (2.8 %) Employee Benefits 2,347 2,405 (2.4 %) 2,217 5.9% 6 6 - Professional Fees 160 68 135.3% 76 110.5% 101 69 46.4% Supplies 956 779 22.7% 844 13.3% 186 171 8.8% Purchased Service 2,341 1,899 23.3% 1,915 22.2% 2 2 - Depreciation 20 20 - 20 - 6 - - Interest and Amortization 56 2 2,700.0% 5 1,020.0% 55 67 (17.9 %) Bad Debts 765 825 (7.3 %) 928 (17.6 %) 16 - - Taxes and Licenses 23 5 360.0% 20 15.0% 65 55 18.2% Other Expenses 911 610 49.3% (36) 2,630.6% 1,465 1,345 8.9% Total Other Exp from Operations 16,018 14,552 10.1% 13,603 17.8% 1,465 1,345 8.9% Total Operating Expenses 16,018 14,552 10.1% 13,603 17.8% 104 143 (27.3 %) Excess of Rev Over Exp from OPS 91 2,848 (96.8 %) 2,959 (96.9 %) - - - Non- Operating Gain (Loss) - 1 - - - 104 143 (27.3 %) Excess of Revenues Over Expenses 91 2,849 (96.8 %) 2,959 (96.9 %) Other Activity - Unrestricted (469) (2,764) 83.0% Increase (Decrease) in UR Net Assets (378) 195 (293.8 %) 1 MEMORANDUM DATE: January 9, 2012 e of S Fit, TO: James Hunt, City Manager FROM: Kristin Erchinger, Finance Director poi qB ASK P RE: Harbor accounts receivable write -offs for 2011 Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write -off the attached harbor accounts receivable. The cancellation process is an accounting procedure that reduces the accounts receivable and results in halting further accrual of interest and late fees on accounts that may never be collected. However, the finance department does not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action are then eligible for pursuit through collections procedures. If you approve the cancellation of the attached harbor accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information, as required by the Code. If you have any questions, please contact me. Thank you. Approved for write -of r oved for write -off: Kristin Erchinger, Finance Director : mes Hunt, City Manager tay MEMORANDUM DATE: December 29, 2011 r 4 o TO: Jim Hunt, City Manager 9 FROM: Melody Moline THROUGH: Mack Funk, Harbormaster Kris Erchinger, Finance Director SUBJECT: 2011 Year End Write -Offs Bal Rec # Name — -- LATE FEES ON LATE FEES, TRIED TO PAY LATE FEES TWICE, 2.57 1 4 7 52TERRASOND, BUT BOTH WERE LATE PAID 2 DAYS IN JULY, LOGGED 3. MAIL BEING RETURNED, 24.27 15438 BROWNING, GEORGE PHONES DISCONNECTED CHARGED 2 DAYS JULY, 1 DAY AUG, NO PAYMENT; MAIL 62.69 15519 YUNDT, ROBERT RETURNED BALANCE FORWARDED FROM SPU FOR CLOSED UTILITY 103.32 14529 PARKER, JERROLD ACCOUNT 4/2010 TRANSIENT MOORAGE,1 DAYJULY 2009, ALSO $1,008.58 163.97 8256iANDREE, LANNY WRITE OFF IN 2008 -lien filed for $1,172.55 FEB 2011 BOAT LIFT WENT OVERTIME, BOAT NO LONGER IN 160.02 15231 HALL, CHARLES HARBOR ELECTRIC FROM DEC 2009THRU JUN 2010, NO LONGER IN 193.22 11455 CARTER, PAUL HARBOR 276.65 9436; FARLEIGH, JOHN JUNE 2009 TRANSIENT DAILY, NO LONGER IN HARBOR 534.34 10869JOHNSON, AARON LIEN ON BOAT, PHONE DISCONNECTED (3.10) ADDITIONAL FROM PAGE 2- ACCOUNT CLEAN UPS 1,517.95 Approved By: "y�J/f� / L / Date: (Z . 30 - ZD 1( Harbor Master Approved By: J� d Date: / /`340� Finance Director / Approved By: Alt •/ Date: j / 1 / anager NOTE: Final copies, with all signatures, must be routed to 1) City Council 2) Harbormaster's Office to complete the write -off process. ACCOUNT CLEAN UP WRITE OFFS PAGE 2 (1.20) 14596 GERVAIS, TOM FROM JAN 2010 -BOAT NOT IN HARBOR SINCE (0.84) 7475 PONGE, WILLIAM FROM DECEMBER 2010 (0.53) 15616 BASARGIN, KONST FROM AUG 2011, NEW OWNER LOCATED VIA DMV (0.45) 15518 RANDASH, MARVE FROM JUL 2011, NEW OWNER LOCATED VIA DMV (0.04) 12493 DIETZ, JULIE M. FROM APRIL 2007, BOAT NOT IN HARBOR (0.03) 15571 YOUNG, ROBERT FROM AUG 2011 (0.01) 7051 NELSEN, HERMAN FROM APRIL 2011 (3.10) \\\o February 2012 January 2012 January 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 Monday Tuesday Wednesday Thursday Friday Jan 2 3 4 5 6 Offices Closed ; New Y 12 :OOpm PACAB Meetin c 19 9 10 11 12 13 7:OOpm City Council M 11:30am Seward Comm rn rp 16 17 18 19 20 6:OOpm CC WS 7:OOpm CC WS 6:30pm P &Z Work Ses r-1 C 10 23 124 125 26 27 7:OOpm City Council M 9:OOam Social Security 7:OOpm Seward Fish ar N m N N 30 31 Feb 1 2 3 m CU LL O c 40 1 Nanci Richey 1 1/18/2012 12:11 PM February 2 012 February 2012 March Th SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 3 5 6 7 8 9 10 11 4 5 6 7 8 910 12 13 14 15 16 17 18 11 12 13 14 15 16 17 19 20 21 22 23 24 25 18 19 20 21 22 23 24 26 27 28 29 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Jan 30 31 Feb 1 2 3 11:OOam PACAB WS 12:OOpm PACAB Meetin M LL m a 6 7 8 9 10 7:30pm P &Z Meeting 11:30am Seward Comm 0 LL 13 14 15 16 17 7:OOpm City Council M 12:OOpm PACAB Work S 9:OOam Social Security 6:30pm Historic Preser M LL 20 21 22 23 24 Offices Closed; Preside 6:30pm P &Z Work Ses co N LL 27 28 29 Mar 1 2 7:OOpm City Council M N LL Nanci Richey 1 1/18/2012 12:12 PM a