Municipal Code Title 6

Boards and Commissions

Chapters:

Chapter 6.01  Gustavus Public Library

Chapter 6.02  Fire Department Ordinance

Chapter 6.03  Waste Disposal & Recycling Ordinance

Chapter 6.04  Road Maintenance Ordinance

Chapter 6.05  Gustavus Community Network Ordinance

Chapter 6.01

Gustavus Public Library

Sections:

6.01.010  Library Established

6.01.020  Management

6.01.030  Library Board

6.01.040  Librarian

6.01.050  Statement of Library Policy

6.01.060  Use of the Library

6.01.070  Failure to Return Library Property

Section 6.01.010  Library Established

There shall be a library in and for the City of Gustavus known as The Gustavus Public Library.

Section 6.01.020  Management

The City Council of the City of Gustavus shall have overall authority and responsibility of the library.

Section 6.01.030  Library Board

1. There is created a library board, appointed by the City Council, that shall govern the operation of the library. Board members may be members of the city council.  The Board shall consist of five members.
2. The library board shall set policy for the operation of the library and policies are otherwise effective, unless specifically objected to by the city council.
3. The library board and the librarian shall submit an annual budget to the city council for the operation of the library.
4. The library board shall make recommendations to the mayor on the appointment of library staff.
5. The library board shall provide for the acceptance of gifts, endowments, grants and donations to the library.

Section 6.01.040  Librarian

The librarian, under the supervision of the mayor and with direction from the library board, shall direct the services and perform all administrative tasks necessary for efficient and economical operation of the library.

Section 6.01.050  Statement of Library Policy

1. The library shall be operated in conformance with applicable federal and state laws and regulations including but not limited to:
2. 1. AS 09.25.140 Confidentiality of Library Records
   2. AS 14.56.030 State Library Programs
   3. 4 AAC 57.020-33 Annual Report Library Operations
3. The City of Gustavus adopts the American Library Association Library Bill of Rights and Freedom to Read. These documents will be maintained for reference in the Gustavus Public Library

Section 6.01.060  Use of the Library

1. All persons shall be extended the privilege of using the library, subject to observing rules established for using the library.
2. The librarian or person in authority may prohibit any person from using the library who willfully or persistently violates any rule or whose physical condition is deemed dangerous or offensive to other persons.

Section 6.01.070  Failure to Return Library Property

1. No person shall willfully keep any library materials for more than thirty (30) days after overdue notification has been sent to the last known address.
2. The board shall set and fix overdue fees and materials replacement charges and may suspend library privileges for delinquent or non-returned library materials.
3. Any person who, after notice is provided under section 6.01.060 (A) does not return library material for sixty (60) days, shall be billed for the full replacement cost of the material(s) plus administrative fees and shall be subject to suspension of library privileges.       

Chapter 6.02

Fire Department Ordinance

Sections:

6.02.010  Fire Department Established

6.02.020  Service Area

6.02.030  Fire Chief

6.02.040  Volunteer Fire Department

6.02.050  Equipment

Section 6.02.010  Fire Department Established

There shall be a Fire Department in and for the City of Gustavus, Alaska, to be known as the Gustavus Volunteer Fire Department (GVFD) and shall comply with all Rules and Regulations pertaining to fire and emergency medical services (EMS) as set forth in 13AAC52.030, Standards of Organization and Services of a Fire Department. It shall consist of a Fire Chief and as many other officers, firefighters and EMS responders as the chief deems appropriate for the effective operation of the department.

Section 6.02.020  Service Area

1. The Gustavus Volunteer Fire Department shall serve as the primary emergency response agency within Gustavus City limits.
2. The Fire Chief has the authority to negotiate with ordinance of ratification by the City Council, to enter into mutual aid agreements and contracts with other agencies. 

Section 6.02.030  Fire Chief

1. The department shall be supervised by the Fire Chief who shall be appointed by the Mayor with confirmation by the City Council from candidates recommended by the Volunteer Fire Department members. The Fire Chief shall be a person who is technically qualified by training and experience and has the ability to administer and command the Fire Department.
2.  The Fire Chief shall determine the number and kind of companies of which the Fire Department shall be composed; and shall determine the response of such companies to alarms.
3.  The Fire Chief shall appoint all other officers and firefighters/EMS responders. Such appointments will follow fair and impartial examinations. All officers shall be accountable to the Fire Chief or the Fire Chief’s representative.
4. The Fire Chief shall at least once a month provide for suitable drills or instruction in the operation and handling of equipment, in the area of  EMS, rescue work, salvage, preplans, fire prevention, water supplies, all other matters generally considered essential to good fire suppression and safety of life and property.
5. The Fire Chief shall assist the proper authorities in suppressing the crime of arson by investigating or initiating the investigation of the cause and origin of fires within the City limits as required by 13AAC52.030 (b-4).
6. The Fire Chief shall see that the complete records are kept of all apparatus, equipment, personnel, training, fires, preplans, and other department activities.
7. Reports.
8. 1. Current records and comparative data for previous years and recommendations for improving the effectiveness of the Fire Department shall be included in an annual report to the City Council on March 1.
   2. Incident reports will be filed with the State Fire Marshal within the first ten (10) days of the month following the month in which the incident occurred. If an incident report is made by computer disc, the report must be submitted quarterly with reports due on January 10, April 10, July 10, and October 10 for the previous quarter.        

Section 6.02.040  Volunteer Fire Department

1. Members of the Volunteer Fire Department may organize into a voluntary association with the election of their own officers and bylaws. The functions and duties of the volunteer association shall not interfere with those of regular division officers who are charged with the responsibility for all service activities of the division. The volunteer association shall in no way limit the power of the Fire Chief.
2. Insurance and Workman’s Compensation. The City of Gustavus will maintain liability insurance and workman’s compensation covering the volunteers on all responses and training. Compensation shall be based on the guidelines set forth in 13AAC52.040, Workers Compensation for Volunteer Firefighters.
3. From time to time, in such amounts as the City Council deems advisable, payments may be made to the volunteer association for the purposes of giving that association funds with which to reimburse members for damaged clothing and other expenses incurred in the line of duty.
4.  Private vehicles of volunteers.
5. 1. Each member of the department driving a private vehicle may be issued a suitable insignia to be attached to the vehicle designating him or her as a member of the department.
   2. Personal vehicles of department members may be equipped with a flashing blue light requesting right of way over all other traffic when responding to an alarm, but shall observe all traffic laws.

Section 6.02.050  Equipment

1. The Fire Chief shall be responsible to the City Council for recommending such apparatus or other fire fighting equipment as may be required to maintain Fire Department efficiency, and for providing suitable equipment for reporting fires or emergencies, and for notifying all members of the department to assure prompt response to such incidents.
2. All property used by the Fire Department is and remains the property of the City of Gustavus, and all expenses of the Fire Department shall be paid by check upon approval by the City Council.
3. The Fire Chief or the Fire Chief’s representative shall have the power to assign equipment for the response to calls for outside aid where mutual aid agreements are in force and in other cases only when the absence of such equipment will not jeopardize protection of the City of Gustavus.

Chapter 6.03

Waste Disposal & Recycling Ordinance

Sections:

6.03.010  Disposal and Recycling Center Established

6.03.020  Service Area (Reserved)

6.03.030  Mode of Operation

6.03.040  Services Provided

6.03.050  Staff

6.03.060  Fees, Prices, and Standards, and Hours of Operation

6.03.070  Advisory Committees

Section 6.03.010  Disposal and Recycling Center Established

A Disposal and Recycling Center (DRC) is hereby established to serve the City of Gustavus, Alaska.  The purpose shall be to provide means for residents and businesses to process the community waste stream efficiently, responsibly, and in compliance with all applicable City, State and Federal laws and regulations.  The DRC absorbs the functions and facilities of the pre-City Gustavus Landfill and the Gustavus Community Chest.  The Gustavus Community Chest shall continue as a unit of the DRC responsible for the acceptance, processing and resale of reusable items.  The Community Chest may hold special sales or events and dedicate proceeds to community humanitarian causes with the approval of the DRC Advisory Committee.

Section 6.03.020  Reserved (Service Area)

Section 6.03.030  Mode of Operation

The DRC shall operate as a largely self-supporting business unit of the City, and be managed as an Integrated Resource Recovery and Waste Disposal Facility (IRRWDF).  Operating funds shall be generated from user fees, the sale of reusable items, the sale of DRC generated products such as compost, and the sale of recyclable commodities such as aluminum.  Capital and special project funds may be raised through grants from public and private agencies, and from donations.  The City shall seek to provide financial support for employee training and any other function or need approved by the City Council.  As a unit of the City of Gustavus, the DRC is responsible to the City Council and shall conform to all city administrative policies, procedures, and ordinances.

Section 6.03.040  Services Provided

The DRC shall providethe following integrated services:

1. Acceptance of donated reusable items
2. Acceptance, processing and shipping of recyclable materials, such as glass, metal, plastic, and paper products
3. Acceptance of organic materials such as food and yard waste for composting
4. Acceptance of household and business waste and construction and demolition debris for land-filling
5. Acceptance, processing, and shipping of selected household and business hazardous wastes
6. Contracted waste pick-up for business and government facilities
7. Resale of reusable items within the community with proceeds to support DRC operations or to fund special community humanitarian needs as approved by the DRC Advisory Committee.
8. Sale of landfill-generated products such as compost, wood chips, crushed and pulverized glass with proceeds to support DRC operations

Section 6.03.050  Staff

1. The DRC paid staff shall consist of:
2. 1. One full time DRC Manager/Operator responsible for administration, planning, budgeting, public relations, agency contacts, permitting, regulatory compliance, supervision of DRC employees and volunteers and general operation of DRC facilities.  Operating duties shall include labor and activities to provide DRC services and to maintain the DRC facilities and equipment.  The DRC Manager/Operator shall be supervised by the Mayor.
   2. One or more part time DRC Assistant Operators whose duties shall include labor and activities to provide DRC services and to maintain DRC facilities and equipment.
   3. A part time grant writer and special projects coordinator as budget allows. 
3. The DRC is authorized to accept the labor of unpaid volunteers for DRC operations at the landfill site under the supervision and training of DRC paid staff.
4. The DRC is authorized to accept the labor of unpaid volunteers for the acceptance, processing, and resale of donated reusable items at the Community Chest site under the supervision of the Community Chest Advisory Subcommittee.
5. The DRC Manager/Operator has the authority to negotiate with ordinance of ratification by the City Council, to enter into mutual aid agreements and contracts with other agencies. 

Section 6.03.060  Fees, Prices, and Standards, and Hours of Operation

1. The DRC shall set user fees and product prices for all DRC landfill site services and products with approval of the Mayor of the City of Gustavus.
2. The Community Chest volunteers shall set prices for donated reusable items with the guidance of the Community Chest Advisory Committee.
3. The DRC is authorized to establish reasonable standards for the receipt of waste stream materials and to refuse to accept materials that do not meet posted standards. The DRC specifically may require customers to segregate recyclables from wastes and to deposit them in designated bins or locations.
4. The DRC shall set hours and days of operation to reflect seasonal demand and budget constraints.

Section 6.03.070  Committee 

1. A DRC Advisory Committee shall be established to guide and support the DRC staff in managing the DRC, and to assist with public relations, special projects, and fund raising.  The DRC Advisory Committee shall comprise between 3 to 5 community members, appointed by the Mayor and approved by the City Council to two year terms except that the City Council may initially appoint seats for one year to provide for staggered term expirations. Members may be reappointed to consecutive terms. The DRC paid staff shall not be eligible to serve as an Advisory Committee member.  The committee shall elect a chair with term of one year.
2. The DRC Advisory Committee shall assist the DRC Manager/Operator in setting DRC operating policies and annual budget.
3. The DRC Advisory Committee shall make recommendations to the Mayor for the appointment of DRC staff as stated on 02.40.150 of the Gustavus Municipal code.

Chapter 6.04

Road Maintenance Ordinance

(Name Clarification) Amended September 13, 2007

Sections:

6.04.010  Road Maintenance Powers Adopted

6.04.020  Scope of Services

6.04.030  Road Committee

6.04.040  Road Maintenance Standards

6.04.050  Contracting of Services

6.04.060  Road Maintenance Process

6.04.070  Gustavus Road Map

6.04.080  Use of Forest Receipts Funds

6.04.090  Public Meetings

6.04.100  Special Projects

6.04.110  Limitation of Obligation

6.04.120  Limitation of Road Service

6.04.130  Neighborhood Association Involvement

6.04.140  Reversion to Neighborhood Maintenance

6.04.150  Parking During Snow Removal

Section 6.04.010  Road Maintenance Powers Adopted

The City of Gustavus hereby adopts road maintenance powers for the benefit of residents of the City.

Section 6.04.020  Scope of Services

The City of Gustavus shall provide maintenance services within the City limits for all constructed, publicly dedicated roadways except those maintained by the State of Alaska Department of Transportation and Public Facilities or by the U.S. Department of the Interior, National Park Service.  Maintenance services may include improvements – such as widening, ditching, culvert installation, and embankment of surface improvements – to constructed roadways within publicly dedicated right-of-ways.  The City shall not be responsible for road construction nor for the maintenance of right-of-ways for sub-division roads that were left un-constructed by the sub-divider or by subsequent owners, or that were not constructed to generally accepted road standards.

Section 6.04.030  Road Committee

Road maintenance shall be budgeted, directed, and overseen by a Road Committee, consisting of at least three but not more than seven members nominated by the Mayor and appointed by the Council.  Each Committee member shall be a qualified voter residing in the City of Gustavus.  Members shall be appointed for two-year terms except that the Council may initially appoint half the seats for one year to provide for staggered term expirations.  Members may be reappointed to consecutive terms.  The Council may fill vacancies to uncompleted terms on the Committee at any time.  Committee members’ names and contact phone numbers shall be made available to the public on the city web site.  A Quorum will be present when sufficient numbers of appointed members are present at a meeting, as established by City ordinance.

Section 6.04.040  Road Maintenance Standards 

The Road Committee shall develop road maintenance standards for inclusion in contracts and for posting on the City web site.

Section 6.04.050  Contracting of Services

A contractor selected by the Committee, whose contract has been approved by the City Council, shall provide Road maintenance services.  The Committee shall prepare a Request for Quotation (RFQ) and contract documents for advertisement by the City Clerk, with selection and award to be made in accordance with City purchasing policies and procedures.

Section 6.04.060  Road Maintenance Process

The Road Committee shall determine road maintenance requirements.  A designated Committee contact person shall order maintenance services from the contractor in accordance with the contract.  The Committee shall monitor maintenance work for compliance with contract terms and City road maintenance standards.  At least two Committee Members shall review and approve the contractor’s invoice for payment by the City.

Section 6.04.070  Gustavus Road Map

The Road Committee shall maintain a map of roads within the City of Gustavus, according to a plan and standards set out by the committee.  Roads can be added or deleted from the map by the Road Committee following approval by the City Council.

Section 6.04.080  Use of Forest Receipts Funds

The City of Gustavus is obligated to use only those funds received through the US Forest Service Forest Receipts program for the maintenance of City roads.

Section 6.04.090  Public Meetings

The Road Committee shall hold a public meeting at least quarterly to take public comment, set budgets and plan maintenance services.  Meeting announcements will be made in accordance with procedures established by City ordinance.

Section 6.04.100  Special Projects

The Road Committee is authorized by the City to submit funding proposals to the State of Alaska or Federal Government for special road improvement projects that fall outside those activities considered as routine maintenance.

Section 6.04.110  Limitation of Obligations

The adoption of this power by the City in no way obligates the City to maintain all of the above mentioned roads nor keep them free of snow at all times.

Section 6.04.120  Limitation of Road Service

The City of Gustavus is obligated to maintain roads and remove snow only to the extent that there are sufficient funds within the budget to do so.

Section 6.04.130  Neighborhood Association Involvement

The Road Committee is authorized to enter into agreements with neighborhood associations to develop neighborhood road maintenance plans to be incorporated into the City Road Maintenance Plan.

Section 6.04.140  Reversion to Neighborhood Maintenance

In the event that the City of Gustavus lacks sufficient funds to carry out the maintenance activities described herein, neighborhood associations as comprised at the time of City incorporation are authorized to resume ad-hoc maintenance of City roads.

Section 6.04.150  Parking During Snow Removal

City residents must park off of city maintained roads during snow removal.

Chapter 6.05

Gustavus Community Network Ordinance

Sections:

6.05.010  Community Network Established

6.05.020  Management

6.05.030  GCN Board

6.05.040  GCN Administrator

6.05.050  Statement of GCN Policy (Reserved)

6.05.060  Use of GCN

6.05.070  Failure to Return GCN Property (Reserved)

Section 6.05.010  Community Network Established

There shall be a municipal Internet Service Provider in and for the City of Gustavus known as The Gustavus Community Network, or GCN.

Section 6.05.020  Management

The City Council of the City of Gustavus shall have ultimate authority and responsibility over and for GCN. The mayor or the mayor's delegate shall supervise the GCN Administrator in accordance with city personnel ordinances and policies and GCN resolutions and ordinances adopted by the City Council.

It is the intent of this chapter that GCN shall generally not be subsidized by Gustavus taxpayers, and that GCN revenues be payment for services rendered, not a form of taxation supporting other City services. Therefore, GCN and City finances shall be separate and transfers between GCN and City accounts shall generally not be used for either entity to subsidize the other. However, GCN may pay to the City reasonable fees for space and power, administrative services, office expenses, and other direct and indirect costs incurred by the City as a result of GCN operations. Likewise, the City may pay GCN for Internet access and other services just as any other customer would. Also, nothing in this ordinance is intended to prevent GCN from applying for and obtaining grants and other forms of support from the City by a separate resolution or ordinance. Such support would be subject to a separate City Council action and is neither authorized nor prohibited by this chapter. 

Section 6.05.030  GCN Board 

1. There is created a GCN Board, appointed by the City Council, that shall advise the City Council in matters pertaining to GCN. Board members may be members of the city council.  The Board shall consist of five members.
2. The GCN Board shall review and evaluate operation of GCN and report periodically to the City Council.
3. The GCN Board shall prepare annual capital and operating budgets for consideration by the City Council as part of its regular budget process.
4. The GCN Board shall draft policies for GCN, as needed, for consideration by the City Council.
5. The GCN Board shall make recommendations to the City Council regarding staffing and contracts needed for GCN operations.
6. The GCN Board shall consider any other matters pertaining to GCN, including but not limited to disputes, planning, service changes, and pricing, and recommend appropriate action by the City Council as needed.

Section 6.05.040  GCN Administrator

There shall be a GCN Administrator responsible for managing GCN  in accordance with resolutions and ordinances adopted by the City Council. The GCN Administrator shall report to the Mayor or the Mayor's delegate. Like other city staff, the GCN Administrator shall be subject to City personnel ordinances and policies. However, in selecting the GCN Administrator the City shall seek and consider recommendations from the GCN Board.

The GCN Administrator shall be responsible for day-to-day operations of including technical support, customer service, billing and collections, and management of any GCN employees, contractors,  vendors, and/or volunteers.

In addition, the GCN Administrator shall serve as the staff for the GCN Board and assist the board in its duties.

Section 6.05.050  Statement of GCN Policy (Reserved) 
Section 6.05.060  Use of GCN

The City Council shall adopt Terms of Use for the services provided by GCN. At a minimum, Terms of Use shall prohibit using GCN services to conduct illegal activities or to compromise the security or privacy of others. Likewise, GCN staff shall preserve the security and privacy of its customers to the maximum extent possible while assuring compliance with the Terms of Use.

Services shall be rendered to customers in accordance with Terms of Use, rates, and other policies duly adopted by the City Council, but only after customers verifiably agree to said terms, rates, and policies.

Service shall be denied only for non-payment or other breach of said terms, rates, and policies.

Services rendered in accordance with agreed-to terms, rates, and policies create an obligation to pay on the part of customers. Unmet obligations shall be treated as a City debt collectible in accordance with City revenue ordinances.

Section 6.05.070  Failure to Return GCN Property (Reserved)