nome city council ws & regular meeting august 26, 2019 ...nome common council regular meeting...

Nome City Council WS & Regular Meeting

August 26, 2019 City Hall

5:30/7:00PM

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Mayor Richard Beneville

Interim Manager John K. Handeland

Clerk Bryant Hammond

Nome City Council Jerald Brown

Doug Johnson Mark Johnson

Adam Martinson Jennifer Reader

Meghan Sigvanna Topkok

102 Division St. ▪ P.O. Box 281 Nome, Alaska 99762

Phone (907) 443-6663 Fax (907) 443-5345

NOME COMMON COUNCIL WORK SESSION & REGULAR MEETING AGENDA MONDAY AUGUST 26, 2019 @ 5:30 / 7:00 PM

COUNCIL CHAMBERS IN CITY HALL Work Session

A. Discussion of Revenue/Taxation and Exemptions for Personal Property I. ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES

A. August 12, 2019 City Council Regular Meeting Minutes, PAGE 1 B. August 20, 2019 City Council Special Meeting Minutes,

PAGE 9 IV. COMMUNICATIONS

A. Letter of July 18, 2019 from Greg Smith to Mayor Beneville re: Hours of Sale and Lack of Advisory Board Inclusion for MJ Industry, PAGE 11

B. Letter of August 13, 2019 from AMCO to City of Nome re: Retail Marijuana Store License Renewal, PAGE 13

C. Letter of August 14, 2019 from Rhonda Schneider to Mayor Beneville and Nome City Council re: Request to Reinstate Funding for NEST programs, PAGE 15

D. Letter of August 19, 2019 from Northern Bering Sea Regional Aquaculture Association to City of Nome re: Nomination for Board Representation, PAGE 17

E. Letter of August 19, 2019 from NSEDC to City of Nome re: Norton Sound Water and Sewer Fund, PAGE 19

F. Letter of August 23, 2019 from the Local Emergency Planning Committee to The City of Nome re: Emergency Services Radio Systems Upgrade, PAGE 21

V. CITIZENS’ COMMENTS VI. PLANNING & ZONING

A. June 4, 2019 Nome Planning Commission Regular Meeting Minutes,

Nome Common Council Regular Meeting August 26, 2019

Page 2 of 2

PAGE 23 B. July 9, 2019 Nome Planning Commission Regular Meeting Minutes,

PAGE 29 VII. UNFINISHED BUSINESS

A. O-19-03-01 An Ordinance Amending Section 17.20.020 Exemptions, SECOND READING/PUBLIC HEARING/FINAL PASSAGE PAGE 35

B. O-19-06-09 An Ordinance Authorizing the Disposal of Municipal Property by Land Use Permit to Nome Sportman Association for Sunset Firing Range, SECOND READING/PUBLIC HEARING/FINAL PASSAGE PAGE 39

C. O-19-08-01 An Ordinance Amending Nome Code of Ordinances Chapter 17.10 to Clarify Remote Sellers’ and Marketplace Facilitators’ Obligation to Collect and Remit Sales Tax, SECOND READING/PUBLIC HEARING/FINAL PASSAGE PAGE 51

VIII. NEW BUSINESS

A. O-19-08-02 An Ordinance Authorizing the Acquisition of Property from the State of Alaska Described as “Block 20 of the Nome Airport,” FIRST READING/DISCUSSION PAGE 59

IX. UTILITY MANAGER’S REPORT A. Activity Report: August 13 – August 23, 2019,

VERBAL X. CITY MANAGER’S REPORT

A. Activity Report: August 13 – August 23, 2019, PAGE 67

B. 19-06-20 Nome Port Commission Regular Meeting Minutes, PAGE 69

XI. CITIZENS’ COMMENTS XII. COUNCIL MEMBERS’ COMMENTS XIII. MAYOR’S COMMENTS AND REPORT

A. Activity Report: August 13 – August 23, 2019 VERBAL

XIV. EXECUTIVE SESSION A. Discussion of Confidential Matters Related to the City Manager Search,

VERBAL XV. ADJOURNMENT

MINUTES – NOME CITY COUNCIL PAGE 1 REGULAR MEETING AUGUST 12, 2019

MINUTES NOME CITY COUNCIL REGULAR MEETING

AUGUST 12, 2019

The regular meeting of the Nome City Council was called to order at 7:00 PM by Acting Mayor Brown in Council Chambers of City Hall, located at 102 Division Street.

ROLL CALL

Members Present: Jerald Brown; Doug Johnson; Mark Johnson; Jennifer Reader; Meghan Topkok

Members Absent: Adam Martinson (Excused)

Also Present: John Handeland, Interim City Manager; Bryant Hammond City Clerk; Ken Morton, Assistant Utility Manager; Joy Baker, Port Director

In the audience: Emily Hofstaedter (KNOM); Diana Haecker (Nome Nugget); Rhonda Schneider; Ralph Ray; Gay Sheffield; Hannah Newton; Lisa Ellanna; Bridie Trainer; Ivory Okleasik; Trinh Johnson

APPROVAL OF AGENDA

Acting Mayor Brown asked if there were any changes to the agenda.

A motion was made by C. Reader and seconded by C. D. Johnson to approve the agenda.

At the roll call: Aye: D. Johnson; M. Johnson; Reader; Topkok; Brown Nay: Abstain:

The motion CARRIED.

APPROVAL OF MINUTES

A. July 22, 2019 City Council Regular Meeting Minutes.

B. July 24, 2019 City Council Special Meeting Minutes.

A motion was made by C. Reader and seconded by C. M. Johnson to approve the July 22, 2019 and July 24, 2019 minutes.

Discussion: - Council Member Reader noted one minor edit to handle administratively.

At the roll call:

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Aye: M. Johnson; Reader; Topkok; Brown; D. Johnson Nay: Abstain:

The motion CARRIED. COMMUNICATIONS A. Memo of July 29, 2019 from Clerk Hammond to Nome Common Council re: Untimely Filed

Senior Tax Exemption Form.

A motion was made by C. Reader and seconded by C. Topkok to authorize the Clerk to accept the application as if timely filed.

Discussion: - Council Member Reader requested future memos state a reason for the application being filed

late.

At the roll call: Aye: Reader; Topkok; Brown; D. Johnson; M. Johnson Nay: Abstain: The motion CARRIED.

B. Memo of August 2, 2019 from Museum Director Chan to Manager Handeland re: Carrie M. McLain Museum Featured in Alaska Beyond Magazine.

C. Memo of August 4, 2019 from Manager Handeland / Clerk Hammond to Nome Common Council re: Potential Property Tax Adjustments.

A motion was made by C. Reader and seconded by C. M. Johnson to adjust the Kowchee (001.301.27), Muktoyuk (001.151.24), Saclamana (001.211.17) and Trigg (001.291.40) tax bills as recommended by the memo.

Discussion: - Council Member Brown declared a conflict of interest, explaining that he paid his mother in

law’s tax bill to avoid the property being listed on the foreclosure list. - Council Member Mark Johnson thanked staff for cleaning up the issue. At the roll call: Aye: Reader; Topkok; D. Johnson; M. Johnson Nay: Abstain: Brown The motion CARRIED.

A motion was made by C. Reader and seconded by C. Topkok to adjust the Engstrom (001.151.36) tax bill as recommended in the memo.

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Discussion: - Council Member Brown requested the Clerk facilitate a conversation between the building

inspector and the assessor about permit completion and valuation. At the roll call: Aye: Topkok; Brown; D. Johnson; M. Johnson; Reader Nay: Abstain: The motion CARRIED.

D. Press Release of August 9, 2019 re: SB 2002 Veto Summary. E. Email of August 5, 2019 from Heidi Emberly to Clerk Hammond re: Summer of Heroes Award

Recipient Ethan Ahkvaluk. - Council Member Brown read a prepared statement from Mayor Beneville congratulating

Ethan. - Heather Marron of Alaska Communications summarized Ethan Ahkvaluk’s achievements

and presented him with the Summer of Heroes Scholarship. CITIZENS’ COMMENTS 1) Lisa Ellanna thanked Council Members Brown and Topkok for participating in the recent

Undoing Racism workshop and spoke about the meeting with the Kellogg Foundation in June. The recognized the City Council for reconsidering the City’s contribution to the NEST program.

2) Trinh Johnson asked what was going on with Nome and described an increase in crime

contending that Nome was no longer safe. She asked what the Police Department was doing about it. Ms. Johnson described a break-in at Nome Outfitters and argued she had to track down the perpetrator herself after her son was arrested as the prime suspect. She requested an apology from the arresting officer as well as the hiring of a new police chief and the hiring of new officers.

3) Emily Hofstaedter asked if Public Safety Advisory Commission applications were still being

accepted and what was happening with the Animal Control position. - Council Member Brown explained the current status of the applications. - Manager Handeland explained the current status of Animal Control.

NEW BUSINESS A. O-19-08-01 An Ordinance Amending Nome Code of Ordinances Chapter 17.10 to Clarify

Remote Sellers’ and Marketplace Facilitators’ Obligation to Collect and Remit Sales Tax, FIRST READING/DISCUSSION.

A motion was made by C. Reader and seconded by C. Topkok to advance O-19-08-01.

Discussion: - Council Member Brown requested the City Attorney review the language of 17.10.170(e) to

ensure it had the intended affect.

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At the roll call:

Aye: Brown; D. Johnson; M. Johnson; Reader; Topkok Nay: Abstain: The motion CARRIED.

UTILITY MANAGER’S REPORT A. Activity Report: July 25 – August 9, 2019.

- Assistant Manager Morton presented his verbal report highlighting the restoration of the PCE program, participation in the Kawerak energy planning process, replacement of utility poles, and the removal of genset #6 by Raven Recycling.

CITY MANAGER’S REPORT A. Activity Report: July 25 – August 9, 2019.

- Manager Handeland presented his written report. - Council Member Reader asked about the status of background checks for the Public

Safety Advisory Commission and the hiring of a new planner. - Manager Handeland explained the issues the City encountered in using the Alaska Public

Safety Information Network for the checks and noted he would be meeting with the Mayor upon his return from the Summer AML conference. He explained the planner will continue working on the Comprehensive Plan and several small grants until October. He explained the City had retained Jenny Evans for grant writing, but unfortunately the relationship did not blossom and the City was not using the services of Noele Weemes in Unalakleet.

- Council Member Topkok expressed frustration that the Public Safety Commission was not be treated as a high priority like it should be.

- Manager Handeland noted that commission applications can be accepted on a rolling deadline.

- Council Member Brown expressed frustration for both the Mayor and himself and noted the Mayor had authorized him to seat applicants tonight.

B. Port & Harbor Report/Projects Update – August 2019.

- Port Director Baker updated the Council on the recent back to back cruise ship calls at the Port. She noted the expected weather over the next few days may affect the ongoing emergency dock repairs. She complimented Dave Barron on his work ethic explaining how great an employee he is for the City and suggested the City also look into Lorraine Cordova for grant writing, noting her experience with the Corps of Engineers.

CITIZENS’ COMMENTS 1) Rhonda Schneider thanked the Council for the earlier work session. She explained the Nome

Community Center and the Community of Nome needed their support. 2) Gay Sheffield asked if anyone has contacted the Cities of Diomede and Golovin about online

sales tax collection issues.

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3) Lisa Ellanna referenced discussions of the City hiring contracted services and asked if the City had a procurement process and if they used it.

- Manager Handeland replied yes and yes, noting the threshold of $40,000. 4) Bridie Trainer stated she was looking forward to NEST funding being restored. She explained

the economy of Nome was driven by the tribes and the City of Nome had a responsibility to support them.

COUNCIL MEMBER COMMENTS 1) Council Member Doug Johnson – no comments. 2) Council Member Mark Johnson – no comments. 3) Council Member Reader congratulated Ethan Ahkvaluk noting he’s been a good model. She

asked if the City was working on an answer to Ms. Sheffield’s question on sales tax. Council Member Reader requested an update on the NSHC Day Shelter and to revisit the issue of discharging firearms within city limits.

- Manager Handeland explained the tax issue is still being researched and explained an analogous situation on Washington State. He explained he would follow up with Lance Johnson concerning a day shelter update and that the City Attorney was working on a set of ordinances that would address intoxication issues.

4) Council Member Topkok noted she would be calling in to the August 26th meeting. She

thanked Council Member Brown for his attendance at the Undoing Racism workshop and invited members of the Council to a roundtable on murdered and missing indigenous people next Monday. She requested Council Members coordinate attendance with the Clerk so as to avoid Open Meetings Act issues.

A motion was made by C. Topkok and seconded by C.

Reader to appropriate $25,000 in funding for the NEST program.

Discussion: - Council Member Mark Johnson asked for a formal request. At the roll call: Aye: Reader; Topkok; Brown Nay: D. Johnson; M. Johnson Abstain: The motion FAILED. 5) Council Member Brown congratulated Ethan Ahkvaluk. He explained the Undoing Racism

workshop was a great experience and encouraged everyone to attend. He opined that the firearms issue was settled, though noted he was only one member of six.

MAYOR’S COMMENTS AND REPORT A. Activity Report: July 25 – August 9, 2019.

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- Acting Mayor Brown explained that he would use the authority as Acting Mayor to seat the Public Safety Commission and that Mayor Beneville had authorized him to do so. He appointed the following:

3 year seats - Keith Morrison - Lisa Ellanna - Maureen Koezuna 2 year seats - Miranda Musich - Traci McGarry - Carol Piscoya 1 year seats - Greg Smith - Jana Hoggan - Shauntel Bruner-Alvanna

A motion was made by C. Topkok and seconded by C. Reader to confirm the Acting Mayor’s appointments.

Discussion: - Council Member Doug Johnson expressed concern that the City was bending the rules to fit

the situation, rather than following its own process. - Council Member Topkok opined the process had taken too long and that the City needed to

prioritize the seating of the commission. - Council Member Reader argued the Acting Mayor’s appointment didn’t fit the cultural and

ethnic makeup of the community and should not be confirmed. She asked that potential members continue to apply.

- Council Member Brown explained that three seats would be open in a year and the commission should be seated and moving forward.

The motion was WITHDRAWN. EXECUTIVE SESSION

A motion was made by C. M. Johnson and seconded by C. D. Johnson to enter into executive session to discuss confidential personnel matters. The Council recessed into executive session at 9:09 PM. The Council came out of executive session at 10:15 PM.

ADJOURNMENT

A motion was made by C. Reader and seconded by C. D. Johnson that the meeting be adjourned.

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Hearing no objections, the Nome Common Council adjourned at 10:15 PM

APPROVED and SIGNED this 26th day of August 2019.

______________________________ RICHARD BENEVILLE

Mayor ATTEST: ______________________________ BRYANT HAMMOND City Clerk

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MINUTES – NOME CITY COUNCIL PAGE 1 SPECIAL MEETING AUGUST 20, 2019

MINUTES NOME CITY COUNCIL

SPECIAL MEETING AUGUST 20, 2019

The regular meeting of the Nome City Council was called to order at 3:30 PM by Mayor Beneville in Nagozruk Conference Room at University of Alaska Northwest Campus, located at 400 E Front St.

ROLL CALL

Members Present:

Members Absent:

Also Present:

In the audience:

Jerald Brown; Doug Johnson; Mark Johnson; Adam Martinson; Jennifer Reader; Meghan Topkok

Richard Beneville, Mayor; Bryant Hammond, City Clerk

Sandra Medearis (Arctic News); Dana Handeland

APPROVAL OF AGENDA

Mayor Beneville asked if there were any changes to the agenda.

A motion was made by C. Reader and seconded by C. D. Johnson to approve the agenda.

At the roll call: Aye: D. Johnson; M. Johnson; Reader; Topkok; Brown Nay: Abstain:

The motion CARRIED.

CITIZENS’ COMMENTS

1) Sandra Medearis asked if the any action was expected after the executive session and howmany candidates would be interviewed.- Council Member Brown explained there would be no action following the executive

session and that three interviews were scheduled.

NEW BUSINESS

A. Executive Session – City Manager Interviews.

A motion was made by C. M. Johnson and seconded by C. Martinson to enter into executive session to conduct City Manager interviews.

The Council recessed into executive session at 3:32 PM.

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MINUTES – NOME CITY COUNCIL PAGE 2 SPECIAL MEETING AUGUST 20, 2019

The Council came out of executive session at 6:25 PM.

ADJOURNMENT

A motion was made by C. M. Johnson and seconded by C. Martinson that the meeting be adjourned.

Hearing no objections, the Nome Common Council adjourned at 6:25 PM.

APPROVED and SIGNED this 26th day of August 2019.

______________________________ RICHARD BENEVILLE

Mayor ATTEST: ______________________________ BRYANT HAMMOND City Clerk

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Department of Commerce, Community,

and Economic Development

ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600

Anchorage, AK 99501 Main: 907.269.0350

August 13, 2019 City of Nome Attn: Bryant Hammond, City Clerk VIA Email: [email protected] [email protected] [email protected]

License Number: 11119

License Type: Retail Marijuana Store

Licensee: Gudlief Organization LLC

Doing Business As: GUDLIEF ORGANIZATION

Physical Address: 303-C West E. Street Nome, AK 99762

Designated Licensee: Robin Thomas

Phone Number: 907-304-5054

Email Address: [email protected]

☒ License Renewal Application ☐ Endorsement Renewal Application AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo.

To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant.

3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board’s satisfaction that the requirements of the local government have been met before the director issues the license.

At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license, the board will consider the application. In those situations, a temporary license will be issued pending board consideration.

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mailto:[email protected]

If you have any questions, please email [email protected]. Sincerely,

Erika McConnell Director

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Service to the People of the Bering Strait Region since 1910

Nome Community Center, Inc. ________________________________________________

Post Office Box 98 Phone 907-443-5259 Nome, Alaska 99762 FAX 907-443-2990

WEB SITE: www.nomecc.org A

August 14, 2019 Nome City Council RE: Support for NEST Dear Mayor Beneville and Nome City Council, I am writing to make a formal request to reinstate funding for the NEST programs. This includes not only the winter shelter operations, but permanent supportive housing and homeless prevention efforts. While it has been reported that public safety calls are up since the opening of the day shelter, calls are down during the months that the winter shelter is open, placing less demand on police, ambulance and the hospital emergency room. Historically, during the months that the winter shelter is open, police calls, ambulance calls and emergency room visits decrease during our hours of operation. This past season was no different. The shelter provides safety for individuals who are in need of a warm place to spend the night. Not all of the folks that come in for shelter are intoxicated. Families who live in our region have varying needs and we work together as a community to provide services when folks are in need o help in our community. The winter shelter is one of those services designed with the very simple mission of making sure that no person dies of exposure during the coldest months of the year. Homelessness is increasing all over Alaska and the United States. Nome is not exempt from the economic challenges that are facing many today. It seems that the conversations surrounding this issue in Nome have centered on addiction when the real causes of homelessness are poverty, trauma, unemployment, mental health and affordable housing. We need to tackle those if we really want to see an impact. In addition to the winter shelter, NEST also operates permanent supportive housing and homeless prevention to help with back rents, utilities and heating to help keep people housed. These efforts are important ones that the city could not bear on their own. Therefore supporting

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http://www.nomecc.org/

Service to the People of the Bering Strait Region since 1910

the NEST programs in the amount of $30,000.00 will, with the contributions of other donors and the HUD funds we have been awarded, send the message that we care for everyone that lives here and passes through our town. That is what distinguishes a good town from a great town. Nome should aspire to be the greatest place to live in Alaska. Thank you for your consideration of this request. Gratefully,

Rhonda Schneider Executive Director

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1st Reading: March 25, 2019 2nd Reading: August 26, 2019

Presented By:

City Clerk

Action Taken: Yes____ No____

Abstain____

CITY OF NOME, ALASKA

ORDINANCE NO. O-19-03-01 (Amended)

AN ORDINANCE AMENDING SECTION 17.20.020 Exemptions

WHEREAS, the Nome Code of Ordinances allows for the taxation of real and personal

property within the city limits per Alaska Statutes Title 29; and,

WHEREAS, the Nome Code of Ordinances does not specifically exempt snow machines and ATVs, making snow machines and ATVs owned for personal or business use within the City of Nome taxable; and,

WHEREAS, the cost of living in Nome is high and citizens engage in subsistence activities to ameliorate such high costs; and,

WHEREAS, many such snow machines and ATVs are used in the pursuit of subsistence activities; and,

WHEREAS, the exemption of snow machines and ATVs will result in less than $8,000 in revenue according to the 2019 property declarations received by the Clerk’s Office.

NOW, THEREFORE, BE IT ORDAINED BY THE NOME COMMON COUNCIL THAT CHAPTER 17.20 OF THE NOME CODE OF ORDINANCES BE AMENDED AS FOLLOWS:

Section 1. Classification. This is a Code ordinance. Section 2. Amendment of Title 17. Title 17, Chapter 20, Section 020 of the Nome Code of Ordinances is hereby amended to read as follows [deleted text is overstruck; added text is underlined]: 17.20.020 Exemptions. (a) The following property is exempt from general taxation:

(1) All property required to be exempted by state and federal law, including, but not limited to, property identified in AS 29.45.030;

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(2) Household furniture and personal effects of members of a household; (3) Improvements to real property if an increase in assessed value is directly attributable to new maintenance, repair, or renovation of an existing structure and if the maintenance, repair, or renovation, when completed, enhances the exterior appearance or aesthetic quality of the land or structure. No exemption may be allowed under this subsection for the construction of any improvement to a structure if the principal purpose of the improvement is to increase the amount of space for occupancy for nonresidential use within the structure or for the alteration of land as a consequence of construction activity. An exemption provided in this subsection shall continue for four years from the date the improvement is completed or from the date of approval for the exemption by the assessor, whichever is later, provided however, that the same exemption shall extend to one hundred percent of the initial increased assessed value of the improvement during the first year, only seventy-five percent of the initial increased assessed value of the improvement during the second year, only fifty percent of the initial increased assessed value of the improvement during the third year, and only twenty-five percent of the initial increased assessed value of the improvement during the fourth year; (4) Real property actually and exclusively used for a public park, provided that this use has been approved and accepted by the city council; (5) All aircraft; (6) The residence of a celebrant of the formularies of public worship of a recognized religious organization that does not ordain bishops, pastors, priests, rabbis or ministers as a part of its liturgy, provided that such residence is owned by the religious organization and used exclusively for nonprofit religious purposes; (7) On the first one hundred fifty thousand dollars of assessed value, real property owned by a disabled veteran (as defined below) and as otherwise provided by AS 29.40.030(e); (8) On the first one hundred fifty thousand dollars of assessed value, real property owned and occupied as a permanent place of abode and primary residence by a resident sixty-five years of age or older or a resident at least sixty years of age or older who is a widow or widower of a resident sixty-five years of age or older who qualified for an exemption and as otherwise provided by AS 29.45.030(e); and (9) Business inventories held for resale in the normal course of business of a seller as defined by NCO Section 17.10.180 and who is issued a city sales tax certificate. (10) Snow machines and ATVs held for personal and/or subsistence use.

(b) To be eligible for an exemption under subsection (a)(7) or (8) of this section (only one exemption may be granted for each parcel of real property regardless of ownership), an individual must meet at least one of the following requirements: (i) the individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that same year for which the exemption is sought or for the immediately preceding year; or (ii) if the individual has not applied or does not apply for one or both of the permanent fund dividends, the individual would have been eligible for one of the permanent fund dividends identified had the individual applied. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an

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exemption claimed under subsections (a)(7) and (8) of this section, and shall require a disabled veteran claiming an exemption under this section to provide evidence of the disability rating. (c) For purposes of subsection (a)(7), a “disabled veteran” is a disabled person who is a resident of the state and (i) separated from the military service of the United States under a condition that is not dishonorable, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as fifty percent or more by the United States Department of Veterans Affairs; or (ii) served in the Alaska territorial guard and whose disability was incurred or aggravated in the line of duty while serving in the Alaska territorial guard, and whose disability has been rated as fifty percent or more. (d) Except with respect to public entities and agencies exempted under subsection (a) of this section, an exemption may not be granted under this section except upon written application for the exemption. The assessor may require proof under this section at any time. (Ord. O-06-12-02 § 2, 2006; Ord. O-06-10-03 § 2, 2006: Ord. O-99-8-1 § 2, 1998; Ord. O-96-8-7 § 2, 1995; Ord. O-93-6-6 § 1 (part), 1994) Section 4. Effective Date. This ordinance is effective upon passage.

APPROVED and SIGNED this 26th Day of August, 2019.

______________________________ RICHARD BENEVILLE,

Mayor ATTEST: ________________________ BRYANT HAMMOND, Clerk

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1st Reading June 24th, 2019 2nd Reading August 26th, 2019

Presented by:

City Manager Action Taken: Yes____No____

Abstain____ CITY OF NOME, ALASKA ORDINANCE NO. 0-19-06-09

AN ORDINANCE AUTHORIZING THE DISPOSAL OF MUNICIPAL PROPERTY BY LAND USE PERMIT TO NOME SPORTMAN ASSOCIATION

FOR SUNSET FIRING RANGE

Section 1. Authority. This ordinance is adopted pursuant to authority granted by NCO 2.10.030(b).

Section 2. Classification. This is a non-Code ordinance.

Section 3. Authorization of Land Use Permit to Nome Sportsman Association. The City Council hereby authorizes the disposal of a portion of its interest in City property located on Mile 9 of the Nome-Teller Highway described as Section 6, Township 11 South, Range 34 West and Section 1, Township 11 South, Range 35 West, MS 427: Sunrise Bench, Gold Beach Fraction and No. 2 Below Sunset Placers, containing approximately 43 acres to Nome Sportman Association, substantially upon the terms and conditions contained in the existing/expiring Land Use Permit (“Permit”) attached hereto. The Council hereby grants the city manager the authority to negotiate final terms and incorporate changes the manager finds to be in the interest of the City.

Section 4. Legal Description. The permitted premises are shown on the attached map, Exhibit A-7: Sunset Firing Range.

Section 5. Findings. The City Council hereby finds that the use of the Property is in the public interest providing hunter safety training for the community, recreational and competitive shotgun, rifle, pistol and archery shooting activities.

Section 6. Interest Conveyed and Identification of Disposal Instrument. The City agrees to allow non-exclusive use conveyed by a written Land Use Permit for a single term or multiple renewal terms starting July 23, 2019 and expiring not later than June 30, 2119. This permit is revocable at the will of the City upon not less than thirty (30) days advance written notice to Permittee.

Section 7. Value of City’s Interest. Because this is a non-exclusive, revocable land use permit the estimated value is less than $5,000. The permittee shall pay one dollar during the entire term of this Permit.

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CITY OF NOME, ALASKA ORDINANCE NO. O-19-06-09 Page 2

Section 8. Time Place and Manner in Which Disposal Shall Occur. Disposal shall occur as soon after approval of this ordinance as practical.

Section 9. Effective Date. This ordinance is effective upon adoption.

APPROVED and SIGNED this 26th day of August, 2019.

________________________________ RICHARD BENEVILLE, Mayor

ATTEST: ________________________________ BRYANT HAMMOND, City Clerk

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1

LAND USE PERMIT THIS LAND USE PERMIT (“Permit”) is made this day of , 2019, by and between the City of Nome, a Municipal Corporation (“the City”), and the Nome Sportsmen’s Association, a non-profit corporation, (“Permittee”). The parties agree as follows: 1. Premises and Term. (a) Permitted Premises. The City agrees to allow Permittee non-exclusive use of that certain area in the Townsite of Nome, State of Alaska, Second Judicial District, Cape Nome Recording District commonly known as: Sunset Firing Range (“Premises”), together with such rights of ingress and egress which are reasonably necessary for Permittee’s use of the Premises. The Premises are depicted generally in the drawing attached hereto as Exhibit “A”. This Permit is subject to the terms and conditions in this agreement, and this Permit is contingent upon approval or approvals of the Nome Common Council and shall have no binding effect until such approval or approvals are granted.

(b) Term. The term of this Permit shall be from July 1, 2019, through and including June 30, 2049 unless terminated earlier in accordance with this agreement. This permit is revocable at the will of the City upon not less than thirty (30) days advance written notice to Permittee.

2. Fee.

Permittee shall pay, during the entire term of this Permit and any extension thereof, One Dollar payable in full at the time of signing of this Permit. 3. Compliance with Laws and Care of Premises/Indemnity. (a) Permittee shall comply with all applicable laws, ordinances and regulations of duly constituted public authorities now or hereafter enacted in any manner affecting the Premises, whether or not any such laws, ordinances or regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Permittee agrees to defend, indemnify, and hold the City, its agents or employees, financially harmless (a) from the consequences of any violation of such laws, ordinances and/or regulations; (b) from all claims for damages on account of injuries, death or property damage resulting from such violation; and (c) from all claims for damages to the Permittee or a third-party arising out of Permittee’s use and operation of the Premises for a public shooting range provided that such damage is not caused by the City’s negligence.

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(b) Permittee shall require all users of the Premises (“User”) to sign an individual release and hold harmless use agreement which shall release and hold City and Permittee harmless from any personal injury or death or property damage arising, in whole or in part from User’s use of the Premises.. (c) Permittee shall neither use, nor permit any User to use, the Premises for any purpose other than various forms of target and shooting practice. (d) Permittee shall not allow any person to bring an alcoholic beverage on the Premises. (e) Permittee shall not allow any person to bring a controlled substance, the use or possession of which is made criminal by Title 11 of the Alaska Statutes on the Premises. (f) Permittee shall waive any membership fees or any requirement that a User pay fees for any person whose household income, assets, and financial resources fall within the eligibility standards for the Supplemental Nutrition Assistance program under 7 U.S.C. 2011 through 2025, as amended. 4. Maintenance Obligations. (a) Permittee, at its own cost and expense, shall keep the Premises and all Permittee’s improvements which at any time during the term of this Permit may be situated thereon, clean and in good condition, and repair free of hazard or nuisance. (b) Permittee shall operate and maintain the Premises in keeping with prudent shooting range injury prevention practices and consistent with “Best Management Practices Outdoor Shooting Ranges” as published by the State of Minnesota Department of Natural Resources. (c) City shall provide a loader with operator for up to one eight hour day to use to feed backdrop material through a plant provided by Permittee and, as directed by Permittee to separate waste lead products. Permittee shall be responsible for disposal of any and all lead waste collected. 5. Permittee’s Rights. Permittee shall have the following rights during the term of this Permit: (a) To construct and operate typical shooting range facilities on the Premises, subject to prior approval of the City Manager; (b) To make all necessary repairs and replacements to the Premises and to any improvements constructed thereon at Permittee’s sole expense.

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(c) All structures, fixtures and improvements, placed or attached on or about the Premises by Permittee, shall at the City’s option become the property of the City at the expiration of the Permit or any extended term, unless removed by Permittee within three-hundred (300) days after the expiration or termination of the Permit. 6. Discrimination Prohibited. Permittee will not discriminate in the conduct of its permitted activities on the Premises on the grounds of race, color, religion, national origin, ancestry, marital status, age, or gender.

7. Use of Premises. (a) The Premises may be used by Permittee, only to conduct operations reasonably necessary and incidental to the construction, operation and maintenance of a public shooting range and shall conduct such activity in furtherance of local needs of the community. Use of the Premises which is not reasonably necessary or incidental to a public shooting range is grounds for immediate termination of this Permit.

(b) Permittee shall coordinate its use of the Premises with the needs of the Nome Public Safety Department for training qualification and certification of public safety officers in the handling and discharge of firearms. The needs of the Nome Public Safety Department for firearms training and qualification shall take precedence over Permittee’s use of the Premises. Nome retains the right to temporarily close the Premises to the public during times it is being actually used by the Department for firearms training and qualification.

8. Hold Harmless/Indemnification/Insurance. (a) Permittee shall defend, indemnify and save harmless the City, its agents or employees from and against any and all claims, demands and causes of action of any nature whatsoever, and any expenses incident to defense of and by the City therefrom, for any injury to or death of persons or loss of or damage to property occurring on the Premises, or in any manner arising out of Permittee’s use and occupation of the Premises or the condition thereof, during the term of this Permit or any extension period. (b) Permittee shall secure and maintain the following insurance and shall provide to the City certificates of insurance and/or policies acceptable to the City evidencing compliance with the following insurance requirements: (i) insurance in accordance with the applicable laws relating to workers' compensation and employers' liability insurance, regardless of whether such coverage or insurance is mandatory or merely elective under the law. (ii) general liability insurance with limits of liability of not less than one million dollars per claim and with no exclusions related to the operation of a shooting range. (c) Permittee shall maintain such insurance in full force and effect at all times

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during the term hereof. The City of Nome shall be identified as an additional insured on the general liability policy. The liability policy shall include a waiver of the insurer’s right of subrogation against the City of Nome. The liability policy shall require sixty (60) days written notice of cancellation, non-renewal, reduction, and/or material change addressed to: City Clerk, City of Nome P.O. Box 281 Nome, Alaska 99762. (d) If the above coverage expires during the term of this Permit, Permittee shall deliver renewal certificates and/or policies to the City at least ten (10) days prior to the expiration date. Permittee shall neither commence nor continue use of the Premises until it has obtained the coverage required under the terms of this Permit. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska and acceptable to the City.

9. Notices. Any and all notices required or permitted under this Permit, unless otherwise specified in writing by the party whose address is changed, shall be addressed as follows:

The City: City of Nome P.O. Box 281 Nome, AK 99762 Attn: City Manager Permittee: Nome Sportsmen’s Association P.O. Box 1349 Nome, Alaska 99762 10. Rights or Remedies. No right or remedy herein conferred upon or reserved to

the City is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute.

11. Waiver and Forbearance. Except to the extent that such party may otherwise

agree in writing, no waiver by such party of any breach by the other party of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by such party to seek a remedy for any breach of the other party be deemed a waiver by such party of its rights or remedies with respect to such breach.

12. Successors in Interest. This Permit shall be binding upon and inure to the

benefit of the respective heirs, successors and assigns of the parties hereto. 13. Assignments. Permittee shall not assign this permit without prior to written

consent of the City. Permittee’s request to assign must be in writing and must show the name

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and address of the proposed assignee. 14. Integration and Modification. This document contains the entire agreement of

the parties hereto. All negotiations, statements, representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Permit or the performance of either party hereto are merged and integrated into the terms of this document. This Permit may not be modified or amended except by a writing signed by both parties hereto, and any purported amendment or modification is without effect until reduced to a writing signed by both parties hereto.

15. Hazardous Substances. Permittee shall strictly comply with all applicable laws,

ordinances or regulations respecting the handling, containment and cleanup of discharges or release of lead, oil or hazardous substances, including petroleum fractions. In the event of a discharge or release of oil or a hazardous substance, including petroleum fractions, resulting from Permittee’s activities on or about the Premises, Permittee shall (1) promptly and completely clean up the discharge or release, in strict compliance with applicable laws, ordinances or regulations, and (2) defend, indemnify and save the City harmless from the consequences thereof, including the costs of state or federal remedial or compliance actions, whether informal or formal, all clean up and remediation costs needed to restore the site to its previous condition, and attorney’s fees. As used in the Permit, “Hazardous Substances” includes oil or petroleum fractions; asbestos; polychlorinated biphenyls (PCBs); any substance defined or listed by the State of Alaska or the Environmental Protection Agency as a hazardous substance under Title 46 of the Alaska Statutes or associated regulations or CERCLA, 42 U.S.C. 6901 et seq., or associated regulations; and any substance listed by the U.S. Department of Transportation or Environmental Protection Agency under 33 U.S.C. 1317, 49 C.F.R 172.101 or 40 C.F.R. § 302.

DATED this _____ day of , 2019. CITY OF NOME BY: __________________________________ JOHN HANDELAND ITS: INTERIM CITY MANAGER DATED this _____ day of , 2019. NOME SPORTSMEN’S ASSOCIATION BY: __________________________________ STEVE SMITH

ITS: PRESIDENT

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6

STATE OF ALASKA ) )ss.

SECOND JUDICIAL DISTRICT )

On this ____ day of ___________________, 2019, before me, a Notary Public in and for the State of Alaska duly commissioned and sworn as such, personally appeared _________________________________________ theof the Nome Sportsmen’s Association and acknowledged this instrument to be a free and voluntary act and deed of the named Permittee for the uses and purposes herein mentioned, and on oath stated that he/she was authorized to execute this instrument.

WITNESS my hand and official seal the and year last above written.

__________________________________ Notary Public for Alaska

My commission expires:

STATE OF ALASKA ) )ss.

SECOND JUDICIAL DISTRICT )

On this day of , 2019, before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared John Handeland, to me known to be the Interim City Manager of the City of Nome, and known to me to be the person who executed this instrument on behalf of the City of Nome.

WITNESS my hand and official seal the day and year last above written.

__________________________________ Notary Public for Alaska My commission expires:

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1st Reading: August 12, 2019 2nd Reading: August 26, 2019

Presented By:

City Clerk


Abstain____


ORDINANCE NO. O-19-08-01

AN ORDINANCE AMENDING NOME CODE OF ORDINANCES CHAPTER 17.10 TO CLARIFY REMOTE SELLERS’ AND MARKETPLACE FACILITATORS’ OBLIGATION TO COLLECT AND

REMIT SALES TAX

WHEREAS, retail sellers making deliveries to buyers in the City of Nome benefit from municipal services provided by the City; and

WHEREAS, exempting out-of-town retailers from the obligation to collect and remit sales taxes provides these retailers an unfair competitive advantage over local retailers; and

WHEREAS, compelling collection and remittance of sales taxes by out-of-town retailers who regularly sell to buyers in the City and State of Alaska does not unconstitutionally intrude upon Congress’s authority to regulate commerce; and

WHEREAS, marketplace facilitator rely upon a reputation as a retailer or marketplace and bring to bear resources and branding to facilitate sales by third-party sellers, with such sales sometimes so seamlessly integrated into the buyer’s experience that the buyer is unaware the marketplace facilitator is not the seller; and

WHEREAS, marketplace facilitators are capable of and should be responsible for ensuring that sales brokered by the marketplace facilitator comply with applicable laws, including the collection and remittance of sales taxes;

NOW, THEREFORE, be it ordained by the Nome Common Council that Chapter 17.10 of the Nome Code of Ordinances be amended as follows:

Section 1. Classification. This is a Code ordinance. Section 2. Amendment of Section 17.10.080. Title 17, Chapter 10, Section 080 of the Nome Code of Ordinances is hereby amended by the addition of a new subsection (c), to read as follows:

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(c) If a marketplace facilitator demonstrates to the clerk’s reasonable satisfaction that the marketplace facilitator made a reasonable effort to obtain accurate information from the marketplace seller about a sale and that the marketplace facilitator’s failure to collect and remit the correct tax was due to the marketplace seller providing incorrect information to the marketplace facilitator, the marketplace facilitator shall be relieved of liability for that sale.

Section 3. Amendment of Section 17.10.170. Title 17, Chapter 10, Section 170 of the Nome Code of Ordinances is hereby amended to read as follows [deleted text is overstruck; added text is underlined]:

17.10.170 Situs of taxable transaction.

(a) Whenever any element or constituent part of a retail sale or rental of goods or services occurs in the city, the transaction shall be construed as occurring in the city for tax purposes except as provided in subsection (b) below this section.

(b) Sales and rentals of goods and services resulting from orders received from a buyer outside the city by mail, telephone or other similar public modes of communications shall not be construed as a taxable transaction if delivery of the ordered goods ordered to the buyer is made outside the city by mail or common carrier, or if the performance of the service ordered occurs wholly outside the city. Any fractional portion of services performed inside the city shall not be included in this exception, and shall be fully taxable.

(c) If a service is performed both inside and outside of the city, that fractional portion of the service performed outside the city shall be excepted from taxation, except that the full selling price of the service shall be taxed if the service commences and terminates in the city.

(cd) Nothing in this section is intended to create a taxable transaction if the goods sold or rented do not reside, or have never been within, the city of Nome’s boundaries, and there is no intention for the goods to ever enter into city boundaries.

(e) A sale is not construed as occurring in the city when the seller has not had any physical presence within the city during the current or previous calendar year, and:

(1) The seller’s annual in-state gross revenue from the sale(s) of property, digital product or services delivered into the state exceeds one hundred thousand dollars; and

(2) the seller sold property digital products, or services delivered into the state in one hundred or more separate transactions.

(f) For the sales where delivery occurs by electronic delivery to, or access from, the buyer’s electronic device, there shall be a rebuttable presumption that the situs of the sale is the buyer’s billing address.

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Section 4. Amendment of Section 17.10.180. Title 17, Chapter 10, Section 180 of the Nome Code of Ordinances is hereby amended to read as follows [deleted text is overstruck; added text is underlined]:

17.10.180 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: “Buyer” means the person who in the ordinary meaning of the term takes title to, takes possession of, or buys property or receives services for valuable consideration. “Charitable” means an entity eligible under the Internal Revenue Code to receive tax-deductible donations (e.g., 501(c)(3) and volunteer fire company or veteran organization 501(c)(4)). “Common carrier” means a person or entity engaged in transporting passengers or goods or both for valuable consideration in the normal course of the business of that person or entity, or a seller engaged in transporting directly to a common carrier goods sold by him or her in a retail sales transaction directly to a buyer residing outside the city.

“Marketplace” is a physical or electronic setting, including, but not limited to, a store, a booth, an Internet website or exchange, catalog, or software application, where goods or services are offered for sale. A marketplace does not include the digital network, as defined by AS 28.23.180, of a transportation network company.

“In-state” means in the State of Alaska, and as applied to sale means any sale where the buyer receives custody, control, access to, or use of the goods in the state and where the buyer receives a service, or the benefit of a service, in the state.

"Marketplace facilitator" means a person who owns or maintains a marketplace and who with respect to a marketplace seller's goods or services. transmits or otherwise communicates the offer or acceptance, and:

(1) provides payment processing services; (2) provides fulfillment or storage services; (3) sets prices; (4) brands sales as those of the marketplace facilitator; (5) takes orders; or (6) provides customer service or assists with returns or exchanges.

"Marketplace seller" means a seller who uses a marketplace to facilitate a sale.

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“Merchandise” means tangible personal property offered for consideration by a seller. “Merchandise acquired for resale” means merchandise purchased for the purpose of selling in an unaltered form to another buyer on a retail basis. “Merchant” means an individual or organization engaged in the sale of tangible personal property. “Rental” means allowing the use of tangible personal or real property for a specified length of time. “Retail sales transaction” means any sale, lease, rental transfer or assignment of any right, title or interest in any goods, personal property or real property and any provision of labor or services, for valuable consideration, for any purpose except resale without alteration by a buyer presenting a resale certificate issued pursuant to NCO Section 17.10.175 applicable to the sales or service transaction. In determining whether an item or service is being purchased for resale without alteration in the regular course of the business of the buyer, the vendor shall be responsible to: (1) require the buyer to present the valid resale certificate and (2) verify that the resale certificate applies to the good or service being purchased [make a diligent inquiry into the purpose of the purchase by the buyer], and shall be held to the standard of inquiry expected of a reasonable and prudent person under similar circumstances acting in good faith toward the taxing authority. “Sale” is meant to include each of the following categories of commercial activities: (1) The transference of ownership of tangible or intangible personal or real property for valuable consideration. (2) The rental or lease of tangible or intangible personal or real property for a specified length of time in exchange for valuable consideration. (3) The provision of services exclusive of those provided pursuant to an employer-employee relationship for valuable consideration. “Seller” means every person making a retail sale transaction to a buyer or consumer, every person renting real or personal property, and every person performing services, for valuable consideration. In the event that retail sales transactions are being conducted in the name of a corporation, partnership, cooperative, association, joint venture, or other entity, the “seller” for purposes of responsibility and liability for the collection and remittance of sales tax shall include every director, officer and partner without exception, and also shall include every employee, agent and other person in a position of control and authority to collect and remit said sales taxes to the city. Except for sales where the

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clerk has been provided satisfactory evidence that the marketplace seller collected and remitted the tax levied by this chapter, a marketplace facilitator shall be considered a seller for all sales facilitated by the marketplace facilitator, brokered by the marketplace facilitator, or otherwise conducted through the marketplace facilitator’s marketplace.

“Selling price” means the fair market value of all detriment incurred by the buyer on the retail sale, including cash payments, debt obligations, and the value of exchanged items or services. “Services” means all services of every manner and description that are performed or furnished for valuable consideration whether in conjunction with the sale of goods or not, but does not include services rendered by an employee to an employer. “Taxable sale” means: (1) All sales for which an exception has not been established pursuant to NCO Section 17.10.020. (2) All sales for which an exemption has not been granted pursuant to NCO Section 17.10.030. Used Exclusively for Religious Purposes. Retail sales and rentals of goods and services “used exclusively for religious purposes” means only goods, services or rentals which are used for, consumed in, or rendered only for the construction, alteration, maintenance, repair or outfitting of the following described property legally possessed by and used exclusively by a religious organization: the residence of a bishop, pastor, priest, rabbi, minister or religious order of a recognized religious organization; a structure, its furniture and its fixtures used solely for public worship, charitable purposes, religious administrative offices, religious education or a nonprofit hospital; lots supporting and adjacent to a structure or residence mentioned above in this subsection, which are necessary to convenient use of said structure or residence; and lots required by city ordinance for parking near a structure used solely for public worship, charitable purposes, religious administrative offices, religious education or a nonprofit hospital.

Section 5. No Retroactivity. This ordinance is intended to clarify application of Section 17.10.010 to sales where the seller is not physically located within the City of Nome and to clarify the obligations of marketplace facilitators. Any sale preceding the effective date of this ordinance shall not be affected by any amendments to the Nome Code of Ordinances accomplished by this ordinance. Section 6. Effective Date. This ordinance shall be effective on the first day of the first calendar month following the date the ordinance is passed.

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APPROVED and SIGNED this 26th day of August, 2019.

______________________________ RICHARD BENEVILLE Mayor

ATTEST: ________________________ BRYANT HAMMOND Clerk

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CITY OF NOME

City Clerk P.O. Box 281

Nome, Alaska 99762 907.443.6663

AGENDA STATEMENT Meeting Date: August 23, 2019 From: Bryant Hammond, City Clerk Subject: Amendment to O-19-08-01

Background & Justification: During first reading of O-19-08-01, Council Member Brown noticed correctly that the wording of 17.10.170(e) worked conversely to the previously explained intention to require online sellers that met or exceeded a specific threshold to collect and remit sales tax from online sales. As requested, the Clerk conferred with the City Attorney on the language of 17.10.170(e) and received updated language:

(e) A sale is construed as not occurring in the city when the seller has not had any physical presence within the city during the current or previous calendar year, and:

(1) the seller’s gross revenue from sale(s) of property, digital product, or services delivered into the state is less than $100,000 in the current and previous calendar year; and

(2) in the current and previous calendar year, the seller sold property, digital products, or services delivered into the state in fewer than 100 separate transactions.

Recommendation: The Clerk’s Office recommends the Council make / second / pass a motion to amend substituting the italicized language above for 17.10.170(e) of O-19-08-01.

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1st Reading: August 26, 2019 2nd Reading: September 9, 2019

Presented By:

Assistant Utility Manager


Abstain____


ORDINANCE NO. O‐19‐08‐02

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FROM THE STATE OF ALASKA DESCRIBED AS “BLOCK 20 OF THE NOME AIRPORT”

SECTION 1 CLASSIFICATION This is a non‐code ordinance. SECTION 2 AUTHORIZATION This Ordinance is adopted pursuant to NCO 2.10.020 (a) and NCO 15.10.010. SECTION 3 AUTHORIZATION OF PROPERTY ACQUISITION The Nome Common Council hereby authorizes the purchase of BLOCK 20 from the Alaska Department of Transportation & Public Facilities substantially upon the terms and conditions provided with Nome Joint Utility Board Resolution 19‐04. SECTION 4 EFFECTIVE DATE This ordinance is effective upon adoption. APPROVED and SIGNED this ___ day of ______________, 2019. __ RICHARD BENEVILLE, Mayor ATTEST: ______________________________ BRYANT HAMMOND, Clerk

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NOME COMMON COUNCIL Meeting Date: August 26, 2019

O‐19‐08‐02: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FROM THE STATE OF

ALASKA DESCRIBED AS “BLOCK 20 OF THE NOME AIRPORT”

ABBREVIATED HISTORY

Since at least 2003: NJUS pursued acquisition of Block 20 from the State of Alaska Department of Transportation & Public Facilities (AKDOT) with the intention of using the land for a construction lay down yard in the short term and for a combined facility (maintenance, response equipment, storage and office) in the long term.

This effort, and several follow‐on efforts, did not advance due to a lack of alignment between NJUS, AKDOT and the FAA regarding the disposition of Block 20.

2009 – NJUS begins leasing the south half of Block 20 for approximately $5,000 / year for a construction laydown yard. The lease agreement has provisions for rate adjustment – and the 2019 rate is $9,300 / year.

2010 ‐ 2013 using federal grant funds, NJUS commissions a soil investigations and has construction documents developed for the Utility Maintenance Response Equipment Storage and Office Facility. The purpose of which is to provide a consolidated facility for NJUS (equipment & warm storage, administrative office) and also support Public Works and NVFD needs.

2018 – With the help of Senator Sullivan’s office, and with the support of the AKDOT, the acquisition of Block 20 is conceptually agreed to.

2019 – Appraisal & conceptual agreement follow:

CONCEPTUAL AGREEMENT TERMS OF SIGNFICANCE

Land purchase price: $200k as determined by appraisalo Sand storage building excluded in appraisal (also estimated about $200k). Intent

is to allow DOT’s continued use at no charge until NJUS needs that portion of theland. If building is still on site, NJUS will relocate or provide comparable structureat (likely) the DOT maintenance complex near Beltz.

Environmental: buyer assumes risks associated with contamination. Risk is associatedwith excavation activities and/or dewatering – both of which are thought to be minor:

o Excavation: the UMRESOF plans are generally to embank on top of dynamicallycompacted soil – except for minor excavations into the in‐situ soil (above thegroundwater table) at the oil / grease separator and for the elevator pit.

o Groundwater: groundwater is likely to be encountered at the water / sewer utilitymain tie‐ins, which NJUS has prior Port Road related experience with.

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FUNDING SOURCE Funding for the land purchase is identified in the FY 2019 budget. Future funding to relocate the sand storage building (if needed) is anticipated to be provided with the UMRESOF funding source.

RECOMMENDED ACTION Approve NCC O‐19‐08‐02 to allow the purchase of BLOCK.

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25A-R996 (Rev 09/01/06) Page 1 of 3 CQD # 19-02-003

STATE OF ALASKA DEPARTMENT OF TRANSPORTATION

AND PUBLIC FACILITIES

COMMISSIONER’S QUITCLAIM DEED

PROJECT NAME: NOME AIRPORT

STATE PROJECT #: N/A

FEDERAL-AID PROJECT #: N/A

PARCEL #: PORTION OF TRACT II - NJUS

The GRANTOR, STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC

FACILITIES, whose mailing address is 2301 Peger Road, Fairbanks, AK, 99709-5399, acting by and

through its Commissioner, under the authority of AS 02.15.070(b), for and in consideration of

$200,000.00, does hereby convey and quitclaim unto the GRANTEE, CITY OF NOME, whose mailing

address is P.O. Box 281, Nome, AK, 99762, the Grantee’s successors and assigns forever, all right, title

and interest, if any, not herein reserved unto the State, in and to that real property situated in the Nome

Recording District, Second Judicial District, State of Alaska, more particularly described as follows:

A certain parcel of land lying and being within Section 27, Township 11 South, Range 34

West, Kateel River Meridian, as depicted on the Record of Survey recorded as Plat No.

__________, records of the Nome Recording District, Second Judicial District, State of

Alaska.

Said described parcel contains 92,319 sq. ft., more or less.

This conveyance is subject to the following conditions:

1) The GRANTEE agrees to develop the property so as to provide for the unobstructed passage of

all aircraft by whomsoever owned and operated, in the airspace in, over and upon those lands.

The GRANTOR reserves the right to clear and keep clear the land described herein from any and

all obstructions infringing upon or penetrating the Airport Imaginary Surfaces of the Nome

Airport, or any extensions thereof, or other runways constructed for this airport, as such surfaces

are defined in Part 77 of the Federal Aviation Regulations, as amended.

This is hereby reserved to the State of Alaska, Department of Transportation and Public Facilities,

its successors and assigns, for the use and benefit of the public, a right of flight for the passage of

aircraft in the airspace above the surface of the premises herein conveyed. This public right of

flight shall include the right to cause in said airspace any noise inherent in the operation of any

aircraft used for navigation or flight through the said airspace or landing at, taking off from, or

operation on the Nome Airport.

2) The GRANTEE represents that it has inspected the above-described property and has had

sufficient opportunity to perform an environmental assessment of that property for the purpose of

determining whether any hazardous material contaminates the property. For purposes of this

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25A-R996 (Rev 09/01/06) Page 2 of 3 CQD # 19-02-003

agreement, a “hazardous material” is any chemical, metal, petroleum product, or other substance

(or any combination of hazardous materials) that is designated as “hazardous” by the U.S.

Environmental Protection Agency and that is regulated by any government agency in any

quantity as a contaminant, hazardous material, or threat to health or safety. The Grantee, by

accepting this conveyance, recognizes that Grantor makes no representations concerning the

presence or absence of any hazardous material on the property. Grantee further acknowledges

that in accepting this conveyance it assumes all risk, cost, and responsibility should any

hazardous material contamination of the property be found to exist subsequent to the transfer of

title under this deed.

3) The GRANTEE releases the Grantor and agrees to indemnify and hold the Grantor harmless from

any and all claims by third parties which arise out of the Grantee’s acceptance of and use of the

property. This provision does not require the indemnification of claims arising out of the sole

negligence of the Grantor.

4) This conveyance is subject to all existing legal or equitable rights, easements, reservations, or

restrictions of third parties, including other state agencies, recorded or unrecorded, as well as all

restrictions, easements, reservations, or rights noted on Plat No. _______.

The GRANTEE’S signature on the Certificate of Acceptance below constitutes acceptance of the above-

described real property as well as the terms and conditions of this conveyance.

Dated this day of , 2019.

STATE OF ALASKA

DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES

BY:

Ryan F. Anderson, P.E., Regional Director, Northern Region

STATE ACKNOWLEDGMENT

STATE OF ALASKA )

FOURTH JUDICIAL DISTRICT ) : ss.

ON THIS _____ day of __________________, 2019, before me, the undersigned, a notary public

in and for the State of Alaska, personally appeared Ryan F. Anderson, the Regional Director of the

Northern Region of the Department of Transportation and Public Facilities for the State of Alaska, known

to me to be the identical person who executed the foregoing instrument and who acknowledged to me that

he signed the same freely and voluntarily, with full knowledge of its contents, for the uses and purposes

therein mentioned.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and

year above written.

_______________________________________

Notary Public in and for the State of Alaska

My Commission Expires: __________________

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25A-R996 (Rev 09/01/06) Page 3 of 3 CQD # 19-02-003

CERTIFICATE OF ACCEPTANCE

THIS IS TO CERTIFY that The City of Nome, Grantee herein, hereby accepts the conveyance of

real property, or interest therein, described in this instrument and consents to the recordation thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________, 2019.

CITY OF NOME

BY:

NAME/TITLE: Richard Beneville, Mayor

STATE OF ALASKA )

SECOND JUDICIAL DISTRICT ) : ss.

ON THIS _____ day of __________________, 2019, before me, the undersigned, a notary public

in and for the State of Alaska, personally appeared Richard Beneville, the Mayor of the City of Nome,

known to me to be the identical person who executed the foregoing instrument and who acknowledged to

me that he signed the same freely and voluntarily, with full knowledge of its contents, for the uses and

purposes therein mentioned.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and

year above written.

_______________________________________

Notary Public in and for the State of Alaska

My Commission Expires: __________________

MAIL CONFORMED COPY TO GRANTOR AT THE MAILING ADDRESS SET OUT ABOVE.

Filed for Record at the Request of:

State of Alaska

Department of Transportation &

Public Facilities

Return to:

GRANTEE

State Business – No Charge

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CITY OF NOME City Manager’s Office

P.O. Box 281 Nome, Alaska 99762

907.443.6600 [email protected]

City Manager’s Report From: John K. Handeland, City Manager (Interim) To: Nome Common Council For Period: August 10 –23, 2019 • The evaluation of the city’s newest (966-H?) loader by NC Machinery confirmed a

weak engine and transmission, requiring the major ($100K) overhaul discussed at budget time. NC’s mechanic has been and continues to be in town performing the changeout, with some sporadic support as required by both City Public Works and NJU mechanics. This changeout involves stripping the unit down to its frame. The disassembly and reassembly work is being undertaken in the old power plant (just recently cleared of the unused old generators that went to Wrangell, creating a nice work area for projects such as this).

• We are beginning another community cleanup campaign. The fall program will run from September 3-14. “Yellow” trash bags can be picked up at City Hall.

We will operate “U-Call We-Haul” for vehicles and “white goods” (appliances) only. Items must be brought to the curb and some restrictions applyPlease call City Hall 443-6663 to schedule pickup. You must stop by City Hall to file paperwork to allow vehicle removal. We are extending the no-charge landfill days for residential waste only, from Saturday to also include Monday and Wednesday between 9am and 3pm. (This is for the first two weeks of September only, after which free dump day will revert to Saturday only.

• The Vice Commandant of the Coast Guard accompanied Senator Wicker of

Mississippi on a familiarization tour to Alaska, and included a brief stop in Nome this past week. While we had barely an hour, we packed a whole lot of information in to that short window.

• The first new ice breaker is being constructed in Senator Wicker’s state. Thanks to the mayor, council members, port commissioners, our Native Corporation partners, and subsistence expert Roy Ashenfelter for joining port personnel to host this visit. This is but one of an ongoing onslaught of VIP-dignataries visiting our community, and we appreciate the opportunity to provide information on the importance and expanded role Nome plays in the Arctic.

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City Manager’s Report August 23, 2019

Page 2

• City Engineer John Blees will be in town next week for the annual groundwater monitoring sampling required at the Center Creek closed landfill. This visit will also give him an opportunity to look further in to the Moonlight Springs protection zone and unpermitted activity that has occurred.

• A Public Safety Coalition, comprised of Norton Sound Health, Nome Community

Center, AMCC, City of Nome, Nome Eskimo, AST, Kawerak, and local business met this week to discuss collaborative efforts to work toward helping people achieve wellness. Community education, housing assistance, education of youth, ambulance volunteers, administering Vivitrol in the ER were amongst subjects discussed.

The Coalition also is suggesting that the City explore a tax on alcohol as a source to support police and ambulance costs. The next meeting is scheduled for September 25.

• I have had several meetings with interested parties relating to animal control and options, and have another meeting scheduled next week. As of present, we have not identified a contractor who is willing to take on full ACO activities as they have traditionally been packaged. So, other alternatives to parse it out are being pursued.

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MINUTES – NOME PORT COMMISSION PAGE 1 June 20th, 2019 REGULAR MEETING

MINUTES - AMENDED NOME PORT COMISSION

REGULAR MEETING June 20th, 2019

The Regular Meeting of the Nome Port Commission was called to order at 7:00 pm by Acting Chairman Smithhisler in Council Chambers at City Hall, located at 102 Division Street. ROLL CALL Members Present: Smithhisler; Henderson (telephonically); Sheffield; McLarty; Absent: Lean; West; Rowe; (all excused) Also Present: Lucas Stotts, Harbormaster; Joy Baker, Port Director In the audience: Sandra Medearis, Arctic News; Randy Harper; Andy Lehto; Andrew Lee;

Anita Parlow APPROVAL OF AGENDA Chairman West asked for a motion to approve the agenda:

Motion made by McLarty to approve the agenda, seconded by Sheffield, with an amendment moving the New Business discussion on the West Gold Dock Repair to immediately follow the agenda approval:

At the Roll Call: Ayes: Henderson, Sheffield, McLarty, Smithhisler Nays: Abstain: The motion CARRIED. New Business item Discussion: West Gold Dock Damage Update – Repair Plan/Estimate (handout) PD Baker opened the discussion with a status of what had transpired since the damaged wye was discovered, and the Administration’s decision to move forward with a permanent repair. Sheet pile has been purchased from the Port of Anchorage, and shipping has been arranged with Alaska Marine Lines with arrival in Nome anticipated for early July. An RFQ was sent out to 3 large marine contractors working in the region, with two responding it was out of their wheelhouse, and the third, STG, indicating they had the equipment, manpower and capability to do the work in a mid-July to mid-August window – prior to demobing their crew and equipment to a job up north. Bryan Hudson with PND proceeded to describe the repair plan, which will remove the detached tail wall, the damaged wye and a few sheets within cells #5 and #6. New sheets would be driven

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off each existing cell face, wrapping back into the dock face and eliminating the need for the wye. Discussion: Some back and forth ensued between the group and the engineers on schedule, potholing for permafrost and anticipated location of the existing armor rock slope. Costs for sheets, shipping, engineering and construction were discussed, but more information is needed to estimate project. Questions were raised about why a local crane and contractor were not considered for this work, how old the dock damage is, and why it needed to be done right immediately. PD Baker replied that due to the short term need to conduct the repair, contractors working the Western Alaska region with known experience and qualifications were considered, with PND advising it was difficult to determine the age of the damage. PND indicated the strength of their patented design is based on the integrity of the wye’s and how they secure each tail wall to a cell joint. Allowing this weakened/detached wye to remain, threatens the longevity and strength of the dock, especially when loads are put on the dock face by barges and ships. APPROVAL OF MINUTES May 16, 2019 Motion was made by Sheffield, seconded by McLarty to approve with one Regular Meeting amendment requested by Sheffield regarding tours of the Sikuliaq.

At the Roll Call: Ayes: Henderson, Sheffield, McLarty, Smithhisler Nays: Abstain:

The motion CARRIED. CITIZENS’ COMMENTS Randy Harper asked how deep the piling were being driven, looking at the drawings, the pile tip elevation is -35’ feet. Andrew Lee said he’s seen screw tip piling being used as an option during construction, but not sure if it’s feasible. COMMUNICATIONS

19-05-22 Ponant to offer North Pole cruises in 2021 – Arctic Today

19-05-23 New rules for mining operations in Norton Sound – ABM

19-05-26 Corps publishes draft Nome Port Study – Petroleum News

19-06-02 Bering Sea survey could provide insight on cod finds – ADN

19-06-06 Nome eyes significant port expansion, is it enough? – Arctic Today

19-06-07 Mayor Beneville to National Science Foundation (Polarctic)

19-06-07 Interim City Manager Handeland report

19-06-14 Polar Code may be applied to smaller vessels – Nunatsiaq News

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Discussion: PD Baker highlighted a few of the items as of specific interest, and Smithhisler commented that he was glad to see an update from the Interim City Manager. COMMISSIONERS’ UPDATES Sheffield – received a request (as did Charlie) to review a letter of support for an NSF proposal. HARBORMASTER’S REPORT (Verbal) Assistant Harbormaster Schuneman gave an update on activity around the harbor and at the docks, in the absence of Harbormaster Stotts who is out of town. PORT DIRECTOR REPORT (19-06-07 Written Report) PD Baker highlighted first, that she commends Misty Lecesse, a teacher at Nome Elementary, has spent two summers bringing her class out to the harbor to clean the facility which is appreciated. Second, the Alaska District Operations & Maintenance section had a small contingent in town to show the project to new staff members and get a visual on the sediment build up under the bridge. Next, the Alaska Corps District held a public meeting last week in Nome to get more input on the Modification Feasibility Study (port expansion). Also, on 22 July, the Council will hold a work session in which our newly hired P3 attorney will present on Public, Private Partnerships on large infrastructure projects, how they are formed and how the function. Discussion: There was some discussion on the mechanics behind the sediment build up and why the bridge can’t be closed off (essentially to allow fish passage and sediment transport). Legislative Consultants – Special Session Report No comments P&H Priorities Update No comments OLD BUSINESS Fiscal Plan for Funding Major Asset Repair/Replacement & Capital Improvements for Recommendation to Council PD Baker pointed out a few new items on the strategy memo, one of which is a breakdown of utility costs, showing garbage to be the most expensive. Discussion: Sheffield asked if there was discussion on the head tax fee. Henderson did not recall such that any specific fees were discussed. A consensus was reached to further investigate the head tax issue before any decisions are made in that arena. Motion was made by McLarty, seconded by Sheffield to table this issue until all Commissioners are present:

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At the Roll Call:

Ayes: Henderson, Sheffield, McLarty, Smithhisler Nays: Abstain:

The motion CARRIED. NEW BUSINESS (Discussed earlier in meeting) CITIZENS’ COMMENTS (None) COMMISSIONERS’ COMMENTS S. McLarty – good discussion and long meeting. Thanks to the folks who show, and Scot for calling in, also appreciate Chris for joining today. C. Sheffield – apologies for missing the last meeting. Also, Rick Thoman is coming to Nome in October to do a Strait Science edition, and has offered to have him speak to the Commission. Just realized that some of the cruise ships that are coming are actually fairly large, can we get a list? C. Henderson – long meeting but good discussion. Thanks to Anita for coming to Nome and sharing the initial findings. I found it very informative to learn about what other countries are doing. The recent damage discovered at the West Gold Dock is a clear reminder of having a fiscal plan for addressing these types of infrastructure repairs. How does the City isolate the economic benefits brought on by these different types of vessels? That info would be useful. Last comment, I’m very sorry I missed getting an up close and personal view of Shane chairing his first meeting! C. Smithhisler – no comments. SCHEDULE OF NEXT MEETING The next meeting is SCHEDULED to August 15th, 2019. ADJOURNMENT Motion was made by McLarty and seconded by Henderson for adjournment. APPROVED and SIGNED this 19th day of September 2019. _____________________________ Shane Smithhisler, Acting Chairman ATTEST: Joy Baker, Port Director

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nome city council ws & regular meeting august 26, 2019 ...nome common council regular meeting...

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