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Aquatics Board (Sunset Date 4/30/2023)

Regular Meeting

Juneau, AK · July 27, 2021

AgendaPacketMinutes

Minutes

MINUTES AQUATICS BOARD Tuesday, July 27, 2021 City & Borough of Juneau – Zoom Conference Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Meeting Convened at 5:06pm by Chair Muldoon. B. Members Present: Tom Rutecki, Will Muldoon, Scott Griffith, Molly McCormick, and Lena Merrell. Ex Officio: George Schaff, Parks & Recreation Director Liaison Absent: Kristin Barlett, JSD Liason & Carole Triem, Assembly Liaison CBJ Staff Present: Kollin Monahan, Aquatics Manager, and Sarah Landen, Admin Assistant Other: None C. Agenda Changes - Add appointment of board chair, co-chair, and secretary under new business. D. Approval of Minutes - Mr. Muldoon moved to approve the minutes of the June 22 meeting, Mr. Griffith seconded the motion, the minutes were approved. E. Public Participation on Non-Agenda Items - None F. Staff Report • Details are provided in the attachment. • Augustus Brown isn’t having much of an increase in attendance from May to June while Dimond Park had over 1,000 more visits in June than in May. Trends are staying the same with 6:00pm -8:00pm remaining the busiest time at Dimond Park and 2:00pm - 4:00pm remains the busiest time at Augustus Brown. Dimond Park is averaging 164 patrons per day and Augustus Brown is averaging 55 patrons per day. Aquatics is expecting a possible slow down due to the increase in COVID-19 cases especially during the mid-day times. • Augustus Brown will be extending hours from 2:00pm-8:00pm to 11:00am-8:00pm Monday through Friday for the week that Dimond Park is closed for its annual maintenance closure 8/1/2021 - 8/9/2021. On 8/9/2021 Augustus Brown will be reverting back to previous schedule and Dimond Park will begin its fall schedule. Open swims will only be taking place on Fridays, Saturdays, and Sundays at Dimond Park due to limited staff availability. Dimond Park added mid-day water walking time and expanded lap swimming in the evenings. Augustus Brown will be bringing back moonlight swims from 6:30pm-8:00pm on Friday nights the climbing wall and low dive will both be open during this time. • During Dimond Park's maintenance closure 10 overhead lights will be replaced in the natatorium, Rainbow builders will be filling in deck cracks, air handlers and salt cellars will also be worked on by staff. • Aquatics is accepting applications for all positions including full time lifeguard positions and a pool supervisor position at Augustus Brown. • The third session of summer swim lessons is wrapping up with 75 participants completing this session. In total aquatics had 212 kids attend 8 30 minute lessons conducted by 9 instructors 4 of which have taught in the past and 5 aides. The aides allowed classes to go from 4 kids to 6 kids. • An additional Lifeguarding course is being added August 20-22 the registration for the course went live on July 27. This is a blended learning course with both in person and online portions. • Ms. Watt and Mr. Beard did not reapply for the Aquatics Board, their seats will need to be filled. The board is accepting applications and will hopefully have two new members by the end of August 2021. 1 G. Old Business Commercial Use of Aquatics Facilities. • Mr. Schaff reported that the Juneau assembly has delegated the ability to create fees to the aquatics board. The city attorney’s office advised that the board shouldn't issue regulations unless the fees are proposed at the same time. Staff is proposing a onetime application fee of $100 to cover staff time to verify information, and the permit fee would be $0. The instructors and attendees will be charged the regular entry fee through a pass or a daily usage fee. Staff noted that it would cost more to collect the fee than the revenue gained from it. Mr. Griffith made a motion to accept these changes and move forward no objections were made the motion was moved forward for the 21 day public comment period. • This year’s annual report is in a transition year with financial data coming from both Etrak and Civicrec. The total numbers will not be ready as actuals until September 2021. H. Public Comment - None I. New Business – None J. Standing Agenda Item - None K. Subcommittee Reports – None L. Board Comments – Mr. Griffith shared results of the Glacier Swim Club's private lessons this summer. The organization has taught over 300 private swim lessons and did not fill 50% of the requests. A huge need for swim lessons exists in the community especially at the downtown facility. M. Adjournment – The meeting was adjourned at 6:06pm ------------------- Meeting Follow-ups: Mr. Schaaf and Mr. Monahan to proceed expeditiously with the 21-day public comment period. Mr. Monahan will work on getting usage and financial numbers to use in the annual report. Upcoming Meetings: Next Board meeting: Tuesday, August 24, 2021 5:00pm, via Zoom. 2

Agenda

AQUATICS BOARD MEETING AGENDA Tuesday July 26th, 2021 Teleconference/Zoom Meeting at 5:00pm Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Call to Order B. Roll Call C. Agenda Changes D. Approval of minutes from June meeting. E. Public Participation on Non-Agenda Items F. Staff Report G. Old Business a. Board Terms H. New Business a. Annual Report I. Board Comments & Standing Agenda Items a. Commercial Use Regulations b. Subcommittee Reports J. Adjournment K. Next Board Meetings : a. 08/24/21

Packet

AQUATICS BOARD MEETING AGENDA Tuesday July 26th, 2021 Teleconference/Zoom Meeting at 5:00pm Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Call to Order B. Roll Call C. Agenda Changes D. Approval of minutes from June meeting. E. Public Participation on Non-Agenda Items F. Staff Report G. Old Business a. Board Terms H. New Business a. Annual Report I. Board Comments & Standing Agenda Items a. Commercial Use Regulations b. Subcommittee Reports J. Adjournment K. Next Board Meetings : a. 08/24/21 MINUTES AQUATICS BOARD Tuesday, June 22, 2021 City & Borough of Juneau – Zoom Conference Statement of Philosophy: Create Community through People, Pools and Effective Swim Programs A. Meeting Convened at 5:02pm by Chair Muldoon. B. Members - Present: Kristin Bartlett, Don Beard, Scott Griffith, Molly McCormick, Will Muldoon, Lena Merrell, Tom Rutecki, Pat Watt. Absent: Tracy Morrison Ex Officio: George Schaaf, Parks & Rec Director Liaison Present: Carole Triem – CBJ Assembly CBJ Staff Present: Kollin Monahan, Aquatics Manager, Sarah Landen, Admin Assistant Other: None C. Agenda Changes – None. D. Approval of Minutes –of the April 27 meeting were approved. E. Public Participation on Non-Agenda Items - None F. Staff Report • Details are provided in the attachment • Attendance continues picking up as Covid restrictions are relaxed. Total attendance is about 80% of pre-pandemic levels. We are gaining new swimmers each month, and have had a few days close to capacity. • The summer camp model used last year for swim lessons continues to work well and having registration solely online is making things much easier for parents and staff. The new CivicRec software is working well. The first round of lessons had 72 kids, and all participants achieved the goal of being ready for the next level by the end of their lessons. We are seeing more younger kids, and the feedback from parents is very positive. In the fall, we will likely return to the old lesson model, since it won’t be feasible to close the pool to other users during lesson times. • Starting July 6 all usual pool amenities will be available, including slides, hot tub, and saunas. Staffing is a challenge, but it’s tight everywhere. • Lifeguard training classes continue and are being well received. All participants are signing up to work at the pools which helps the staffing situation – although many of these are college students who will be returning to school in the fall. • Renting pool space will resume in August, assuming we have enough staff. • Since many of our swimmers are under the age they can get vaccinated, parents seem to be managing their Covid comfort level according how crowded things are. G. Old Business: None H. New Business • Board Member Terms. Mr. Beard and Ms. Watt’s terms on the Board end this month. Ms. Watt has completed 7 years on the Board, having been appointed at its initial inception, and is not going to reapply. Mr. Beard has not decided yet. • CIP Update. The Assembly continues to support the renovation of the Augustus Brown Pool so that project is now back for completion. Ms. Triem noted that the Assembly appreciated the 1 Board’s work and support for Aquatics. The roof replacement at Augustus Brown is close to completion, with the interior work complete and the exterior expected to be done in 3-4 weeks. It is likely that the major pool renovation work could begin in January, 2022. At that point, the AB pool will be closed for 6-9 months. The deck around the pool at Dimond Park is scheduled for replacement to eliminate slip hazards and discoloration. Life Floor products have been selected and it is planned to choose color combination of tiles to brighten up the natatorium. That project will be done in late fall before the August Brown pool closes. I. Standing Agenda Items • Commercial Use of Aquatics Facilities. o The Department of Law review of the regulations resulted in one substantive change (substituting the Aquatics Manager for the Director of Parks and Recreation throughout) and another clarifying change to ensure that permitees must comply with all pool standing operating procedures. Consequently, the draft regulations have not yet been issued for public comment. o Ms. McCormick wondered about the necessity of doing this now, and whether the Assembly might amend the regulations so that private teachers did not to have background checks or liability insurance. Mr. Schaaf explained that as far as Aquatics regulations go, the Assembly can only approve or reject them, since these regulations are in the Board’s purview. The underlying Assembly regulation, however, applies to commercial use of any and all CBJ facilities. Ms. McCormick also asked whether Glacier Swim Club had to have a permit. Mr. Griffith explained that the Club uses the pool under a negotiated contract with relevant terms and conditions. Ms. McCormick feared that the permit process would make it hard for young people to become swim teachers. Mr. Schaaf explained that the regulations set the big picture, and the details including fees will be set by the Board in policy. The CBJ Risk Management staff have identified an affordable liability insurance option, and background checks are required when working with children. o Ms. Watt moved that staff be instructed to move forward with the public comment process pursuant to CBJ 01.60. There was no objection. Upon completion of public proceedings, the Aquatics Board would then consider and adopt the regulation. Regulations adopted by the Aquatics Board are then subject to review by the Assembly. • Subcommittee Reports. None. J. Board Comments – Ms. Merrell offered kudos to Chris, a long-time lifeguard at Augustus Brown, for all the help he provided her daughter in learning to swim and keeping her face in the water. K. Adjournment – Ms. Triem noted that the Assembly is now meeting face-to-face. Mr. Muldoon polled the Board as to its preference. The next meeting will be in person. The meeting was adjourned at 5:58pm. ------------------- Meeting Follow-ups: Mr. Schaaf and Mr. Monahan to proceed expeditiously with the 21-day public comment period. Mr. Schaaf and Mr. Monahan – bring back next draft of commercial use policy document and draft permit fee schedule for discussion at July 27 meeting Upcoming Meetings: Next Board meeting: Tuesday, July 27, 5:00pm, in person at Dimond Park Aquatics Center. 2 July 27th, 2021 Full Aquatics Board Meeting Operations Report Daily Attendance (June 1st - 30th) Augustus Brown Swimming Pool Dimond Park Aquatic Center June 1,645 Total Visits June 4,921 Total Visits May 1,493 Total Visits May 3,825 Total Visits Monday-Friday Monday-Friday 5:30am-7:00am 268 Check-ins 5:30am-8:00am 936 Check-ins 7:00am-8:30am 133 Check-ins 8:00am-12:00pm 1,186 Check-ins 2:00pm-4:00pm 549 Check-ins 12:00pm-3:00pm 851 Check-ins 4:00pm-6:00pm 390 Check-ins 6:00pm-8:00pm 1,055 Check-ins 6:00pm-8:00pm 153 Check-ins Saturday Saturday 10:00am-12:00pm 245 Check-ins 10:00am-12:00pm 46 Check-ins 12:00pm-3:00pm 200 Check-ins 12:00pm-2:00pm 28 Check-ins 3:00pm-6:00pm 154 Check-ins Sunday Sunday 12:00pm-2:00pm 78 Check-ins 12:00pm-3:00pm 161 Check-ins 3:00pm-6:00pm 133 Check-ins AGB Trends at a Glance DPAC Trends at a Glance • Daily Usage is averaging 55 patrons • Daily Usage is averaging 164 patrons • 48% of attendance are adults (ages 18 – 64) • 38% of attendance are adults (ages 18 – 64) • 26% of attendance are seniors (ages 65+) • 16% of attendance are seniors (ages 65+) • 15% of attendance are youth (ages 8 – 17) • 26% of attendance are youth (ages 8 – 17) • 11% of attendance are children (ages 2 – 7) • 20% of attendance are children (ages 2 – 7) Schedule Changes Fall Schedules Start August 2nd (AGB) & August 9th (DPAC closed August 2nd- 9th) – See Attached Schedules Augustus Brown Schedule Changes o Augustus Brown now open at 11:00am for full lap swim/general recreation (11am-2pm added) o JDHS resumes practice M-F 4:30pm-6:30pm o Dive Team resumes practice M & W 6:30pm – 8:00pm o GSC Resumes AM Practice MWF 5:30am-8:30am Dimond Park Schedule Changes o Dimond Park no longer closed M-F 3:30pm-5:30pm (GSC Practice) o TMHS resumes practice M-F 5:15am-7:15am o Dive Team resumes practice T & TR 6:30-8:00pm o Designated Water Walking Time Added o Evening Weekday Lap Swim Added o Slides + Diving Board Open on Weekends Maintenance  Dimond Park Aquatic Center will be closed from August 2nd – 8th and will reopen on August 9th. Augustus Brown will increase hours with fall schedules starting on August 2nd. Maintenance Projects for DPAC are as follows: o Replace Natatorium Overhead Lights o Prep Floor Cracks for Deck Restoration Porject in Winter o HVAC Work o Replace Media in Sand Filter for Leisure Pool o Replace failing Salt Cell Cores Staffing  Currently accepting applications for all part-time positions, applications can be found at Juneaupools.org and can be sent to Aquatics@juneau.org o Aquatic Attendant – $12.73 per hour o Lifeguard – $17.65 per hour o Head Lifeguard – $20.12 per hour  Augustus Brown Pool Supervisor I (37.5 hours per week) – Internal Posting for 5 Days  Augustus Brown Lifeguard (37.5 hours per week) – Internal Posting for 5 Days Instructional Programming Swim Lessons  Session III ends this week – 75 participants total  Operations ran three different sessions this summer, brief overview below: o Total Participants: 212 children attended eight, 30 minute lessons o Total Instruction Staff: Nine Instructors The summer camp model was well received by guardians. Biggest comment was to add a morning session next summer. This model works well for long breaks (summer & winter breaks) but would not be ideal during the school year. Operations will revert back to four-week lesson plans where participants attend twice a week when school is in session and/or start offering private lessons. Health & Safety Courses Blended Learning American Red Cross Lifeguarding Course Registration: OPEN Course Dates/Times: August 14th 15th 8:00am-4:30pm (w/ 45 Min Lunch) Cost: $205 ($45 due at Registration) Location: Dimond Park Aquatic Center August- Augustus Brown Swimming Pool November 2021 1619 Glacier Ave | 586-0839 This calendar does not include facility closures for swim meets, holidays, etc. Effective August 9th, 2021 Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 5:30-6:00am 5:30-6:00am 6:00-6:30am 6:00-6:30am 6:30-7:00am Half Lap Swim (3 Lanes) Full Lap Swim Half Lap Swim (3 Lanes) Full Lap Swim Half Lap Swim (3 Lanes) 6:30-7:00am 7:00-7:30am Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 7:00-7:30am 7:30-8:00am Closed 7:30-8:00am 8:00-8:30am 8:00-8:30am 8:30-9:00am Closed 8:30-9:00am 9:00-9:30am 9:00-9:30am 9:30-10:00am Closed Closed Closed Closed Closed 9:30-10:00am 10:00-10:30am 10:00-10:30am 10:30am-11am Full Lap Swim 10:30am-11am 11:00-11:30am Rec Pool Open 11:00-11:30am 11:30am-12pm 11:30am-12pm 12:00-12:30pm 12:00-12:30pm Half Lap Swim Low 12:30-1:00pm Full Lap Swim Full Lap Swim 12:30-1:00pm Dive or Climbing Wall 1:00-1:30pm Rec Pool Open Rec Pool Open Rec Pool Open Full Lap Swim 1:00-1:30pm Full Lap Swim Full Lap Swim Full Lap Swim 1:30-2:00pm Rec Pool Open 1:30-2:00pm Rec Pool Open Rec Pool Open Rec Pool Open 2:00-2:30pm 2:00-2:30pm 2:30-3:00pm 2:30-3:00pm 3:00-3:30pm 3:00-3:30pm Half Lap Swim (3 Lanes) Half Lap Swim (3 Lanes) 3:30-4:00pm Rec Pool Open Rec Pool Open 3:30-4:00pm 4:00-4:30pm 4:00-4:30pm 4:30-5:00pm 4:30-5:00pm Closed 5:00-5:30pm Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 5:00-5:30pm Closed 5:30-6:00pm 1 Lane Open for Public 1 Lane Open for Public 1 Lane Open for Public 1 Lane Open for Public 1 Lane Open for Public 5:30-6:00pm 6:00-6:30pm 6:00-6:30pm 6:30-7:00pm Moon Light Swim Low 6:30-7:00pm Half Lap Swim (3 Lanes) Full Lap Swim Half Lap Swim (3 Lanes) Full Lap Swim 7:00-7:30pm Dive & Climbing Wall 7:00-7:30pm Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 7:30-8:00pm 7:30-8:00pm Monday Tuesday Wednesday Thursday Friday Saturday Sunday Legend Swim Descriptions Green Lap Swim/Open Rec Lap Swim/General Rec All 6 lanes are open for lap swimming. The leisure pool is open for general recreation. Pink Modified Lap/Open Swim Modified Lap/Open Swim 1 to 3 Lanes will be open for lap swimming. The leisure pool is open for general recreation. Grey Closed Open Swim Low Dive and/or Clmbing Wall Open. Closed Entire facilty closed. Building must be vacated. For the most up to date facility schedules, please visit juneaupools.org August- Dimond Park Aquatic Center November 2021 3045 Dimond Park Loop | 586-0839 This calendar does not include facility closures for swim meets, holidays, etc. Effective August 9th, 2021 Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 5:30-6:00am 5:30-6:00am Modified Lap Swim Modified Lap Swim Modified Lap Swim Modified Lap Swim Modified Lap Swim 6:00-6:30am 6:00-6:30am (3 Lanes Open to Public) (3 Lanes Open to Public) (3 Lanes Open to Public) (3 Lanes Open to Public) (3 Lanes Open to Public) 6:30-7:00am Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 6:30-7:00am 7:00-7:30am CLOSED 7:00-7:30am 7:30-8:00am 7:30-8:00am 8:00-8:30am Full Lap Swim Full Lap Swim Full Lap Swim 8:00-8:30am 8:30-9:00am Rec Pool Open Rec Pool Open Rec Pool Open CLOSED 8:30-9:00am 9:00-9:30am -------------- Full Lap Swim -------------- Full Lap Swim -------------- 9:00-9:30am ONLY Water Walking In Rec Pool Open ONLY Water Walking In Rec Pool Open ONLY Water Walking In Modified Lap Swim 9:30-10:00am 9:30-10:00am Current Channel Current Channel Current Channel (4 Lanes Open to Public) 10:00-10:30am Rec Pool Open 10:00-10:30am 9-10:30am 9-10:30am 9-10:30am 10:30am-11am 10:30am-11am 11:00-11:30am 11:00-11:30am Lap Swim (4 Lanes) 11:30am-12pm Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim 11:30am-12pm Open Swim w/ 12:00-12:30pm Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ Rec Pool Open w/ 12:00-12:30pm Low Dive + Red Slide Full Lap Swim 12:30-1:00pm Spray Features ON Spray Features ON Spray Features ON Spray Features ON Spray Features ON 12:30-1:00pm Rec Pool Open 1:00-1:30pm CLOSED - SAFETY BREAK 1:00-1:30pm 1:30-2:00pm Full Lap Swim Full Lap Swim Full Lap Swim Full Lap Swim 1:30-2:00pm CLOSED - MAINTENANCE Lap Swim (4 Lanes) Lap Swim (4 Lanes) 2:00-2:30pm Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open 2:00-2:30pm Open Swim w/ Open Swim w/ 2:30-3:00pm Low Dive + Red Slide Low Dive + Red Slide 2:30-3:00pm 3:00-3:30pm 3:00-3:30pm 3:30-4:00pm Modified Lap Swim Modified Lap Swim Modified Lap Swim Modified Lap Swim Modified Lap Swim CLOSED - SAFETY BREAK CLOSED - SAFETY BREAK 3:30-4:00pm 4:00-4:30pm (2 Lanes Open to Public) (2 Lanes Open to Public) (2 Lanes Open to Public) (2 Lanes Open to Public) (2 Lanes Open to Public) 4:00-4:30pm Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Rec Pool Open Lap Swim (4 Lanes) Lap Swim (4 Lanes) 4:30-5:00pm 4:30-5:00pm Open Swim w/ Open Swim w/ 5:00-5:30pm Low Dive + Red Slide Low Dive + Red Slide 5:00-5:30pm 5:30-6:00pm CLOSED - SAFETY BREAK CLOSED - SAFETY BREAK CLOSED - SAFETY BREAK CLOSED - SAFETY BREAK CLOSED - SAFETY BREAK 5:30-6:00pm 6:00-6:30pm 6:00-6:30pm Lap Swim (6 Lanes) Modified Lap Swim Lap Swim (6 Lanes) Modified Lap Swim Lap Swim (4 Lanes) 6:30-7:00pm 6:30-7:00pm Rec Pool Open w/ (4 Lanes Open to Public) Rec Pool Open w/ (4 Lanes Open to Public) Open Swim w/ CLOSED CLOSED 7:00-7:30pm Spray Features ON Rec Pool Open Spray Features ON Rec Pool Open Low Dive + Red Slide 7:00-7:30pm 7:30-8:00pm 7:30-8:00pm Monday Tuesday Wednesday Thursday Friday Saturday Sunday Legend Swim Descriptions Green Lap Swim/Open Rec Lap Swim/Open Rec All 8 lanes are open for lap swimming. The leisure pool is open for general recreation. Pink Modified Lap Swim Modified Lap Swim 2 - 4 lanes are open for lap swimming. The leisure pool is open for general recreation. Blue Lunch Bunch Lunch Bunch All 8 lanes are open for lap swimming. The leisure pool is open for general recreation and the spray features are on. Orange Open Swim Open Swim Open swim w/ spray features, red slide, and low diving board. 4 lanes are open for lap swimming. Yellow Modified Open Swim Modified Open Swim 6 lanes are open for lap swimming. The leisure pool is open for general recreation and the spray features are on. Grey Closed Closed Entire facility closed. Building must be vacated. For the most up to date facility schedules, please visit juneaupools.org TO: CBJ Aquatics Board FROM: George Schaaf, Parks & Recreation Director CC: Sherri Layne, Assistant Municipal Attorney DATE: July 26, 2021 RE: Commercial Use Regulations Per CBJ 67.10.020(a)(3), the Aquatics Board may adopt regulations necessary for the administration of the aquatics facilities under the board’s management. The Aquatics Board also approves a schedule of fees and charges for use of aquatic facilities pursuant to CBJ 67.10.090. Since 2018, the Aquatics Board has been working to adopt regulations regarding commercial use of municipal aquatics facilities. At its regular meeting on June 22, 2021, the Board directed staff to move forward with public notice of its proposed regulations pursuant to CBJ 01.60 Based on earlier guidance from the Law Department, the Aquatics Board postponed consideration of fees until after commercial use regulations are adopted. Upon further review, the Law Department has now determined that the regulations cannot move forward for public comment unless they are accompanied by a fee proposal from the Aquatics Board. Aquatics staff recommend the following fees for commercial use of aquatics facilities: Application Fee (one-time): $100 Permit Fee: $0 The Application Fee represents the estimated cost to process a permit application. Staff do not recommend charging a Permit Fee at this time because the cost of collecting such a fee would likely exceed the revenue collected due to the limited scale of commercial use. Under the proposed regulations, all users engaged in commercial activities would be required to pay daily admission or hold a valid pass. I recommend you approve these fees at the next regular meeting on July 27, 2021. 155 S. Seward St  Juneau, AK 99801 Phone: (907) 586-5226  Fax: (907) 586-4589  Email: Parks.Rec@juneau.org Chapter 01 - COMMERCIAL USE OF MUNICIPAL AQUATICS FACILITIES 11 CBJAC 02.010 - Policy. The policy of the City and Borough of Juneau concerning the commercial use of municipal aquatics facilities is to: (a) Maintain and improve aquatics facilities for their primary use by the public; (b) Offer aquatics programs and lessons that respond to community needs and meet high standards for training, quality, and safety; (c) Establish consistent rules and conditions for the commercial use of municipal aquatics facilities; and (d) Charge for commercial use of municipal aquatics facilities in order to generate a fair and reasonable return for the public. (Eff. xx/xx/xx) 11 CBJAC 01.020 - Facilities regulated. These regulations apply to all municipally owned aquatics facilities, including the grounds of such facilities. (Eff. xx/xx/xx) 11 CBJAC 01.030 - Permit required. (a) No person may conduct commercial activities in facilities subject to these regulations except as authorized by a permit issued by the Director of the Parks and Recreation DepartmentAquatics Manager. A permit under this chapter is not required for activities conducted by an organization under an agreement with the City and Borough. (b) The Director Aquatics Manager may issue a permit for commercial activities only upon a determination that the proposed use: (1) Will not damage or degrade the facility or impair the public’s enjoyment of the facility; (2) Will not endanger the public health, safety, and welfare; and (3) Is consistent with established policiesfacility rules and standard operating procedures. (c) A permit may include reasonable conditions, including limitations as to time, area, equipment, parking, noise, training, certification, insurance, and other factors. (d) If the cumulative impact of proposed uses would exceed the appropriate level of commercial use for the facility, the Aquatics Manager Director shall not award any permits for that facility until the following procedure is followed: (1) The Aquatics Manager Director shall notify all members of any group of applicants whose applications, taken together, propose uses that would exceed the appropriate level of commercial use for a facility. The notice shall identify the nature and extent of the impacts exceeding the appropriate level of use, and shall invite the applicants to confer among themselves for the purpose of negotiating a resolution to the excess impacts issues. (2) The applicants may re-submit their applications, which may be granted if the Aquatics Manager Director finds that the excess impact issues have been resolved and the applications otherwise meet the requirements of this section. (3) If excess use issues remain unresolved, the Aquatics Manager Director shall determine which of the proposals offers the greatest benefit to the public and maximum value to the City and Borough. In making this determination, the Aquatics Manager Director shall consider past performance, impacts of the activity, mitigation, whether the applicants are responsive and responsible, and the policies set forth in 11 CBJAC 02.010. (4) The Aquatics Manager’s Director’s decision may be appealed to the City Manager by filing a notice of appeal with the Clerk’s Office within 10 days of the Aquatics Manager’s Director’s decision, setting forth the reasons for the appeal. The City Manager will take up the appeal within 10 days. The City Manager’s decision to deny a permit shall constitute a final agency action subject to appeal in accordance with CBJ 01.50.020(b). (e) A permit is transferable only with the permittee's entire business interest in activities conducted under the permit and only to a person who has successfully completed the permit application process. No credit will be given for any permit payments made by the previous holder of the permit. (f) No permit shall be issued to any person or entity delinquent in the payment of fines, taxes or other monies owed to the City and Borough. (Eff. xx/xx/xx) 11 CBJAC 01.040 - Application process. (a) General requirements. (1) Applications for permits will be accepted only from persons who have the legal authority to act in accordance with the permit. All applications must be signed by the owner(s) of the business to be subject to the permit. (2) All applications for permits must be on forms provided by the department. Applications will not be considered unless they are complete, signed, accompanied by the applicable fee, and filed together with any required attachments or exhibits at the offices of the Parks and Recreation Department during regular business hours. (b) Application information. (1) Applicant information. (A) The application shall identify each individual or business entity responsible for the use intended; (B) The application shall include the physical address, mailing address, and phone number for each person, owner, and company responsible for the use intended; (2) Proposed use. (A) The application shall include a description of each proposed use, providing sufficient detail to allow the Department to determine the effect of the use on the facility and impacts, if any, to the public; (D) The application shall include a description of the maximum number of customers anticipated on a daily, monthly, and annual basis. (3) Fees to be charged by permit holder. (A) The application shall include a schedule of fees and charges to customers and a description of any collection, disbursement, royalty, commission or similar arrangements with others. (Eff. xx/xx/xx) 11 CBJAC 01.050 - Permit fees. (a) Application Fee (1) The applicant shall pay a nonrefundable fee, established by the manager, which fee is intended to recover the full cost of processing the application for a commercial use permit. (b) Permit Fee (1) The applicant shall pay a fee, established by the CBJ Aquatics Board, which fee will give the City & Borough of Juneau a fair and reasonable return in light of the cost of administering the activity permitted under the permit, the impact of the proposed activity on the facility, the cost of any improvements required, and the value of the benefit conferred upon the user. (c) Standard admission fees shall be paid by all persons engaged in the authorized activity, including the permittee. Annual passes, employee discounts, punch cards, and other passes are valid for commercial activities. (d) Fees shall be calculated on a daily basis, per person. The fee shall be paid to the Department by the 15th day of each month for fees owed in the previous calendar month. All payments shall be accompanied by a completed activity report on a form provided by the Department. Fees and charges not paid by the 15th day of each month will be considered delinquent and subject to the interest provisions established in CBJ Code 1.41. (Eff. xx/xx/xx) 11 CBJAC 01.060 - Insurance and indemnification. Prior to issuance of a permit, the permittee must provide the Department with a broker's certificate of insurance showing that the permittee has obtained public liability insurance in the amount and for the risks determined by the risk manager of the City and Borough of Juneau for the proposed use. The certificate must establish that the City and Borough is named as an additional insured on the policy, and that the insurer shall notify the City and Borough if the policy is modified, canceled, or terminated. Permittees, upon acceptance of a permit, shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City and Borough of Juneau from any and all claims for injury or damage to persons or property suffered in connection with the permittee's activities unless such injury or damage is caused by the gross negligence of the City and Borough of Juneau. (Eff. xx/xx/xx) 11 CBJAC 01.070 - Permit duration. (a) Permits may be authorized for a maximum of one (1) year from the date of issue. (b) Permits are valid only for the dates, times, activities and facilities specified. (c) Permits are not renewable. Issuance of a permit shall not entitle the permit holder to any priority or preferential consideration for subsequent, new, or additional permits for the same or related uses or areas. A new application must be submitted each permit period, for each permit. (d) The Aquatics Manager director may issue a temporary permit at any time, valid for no more than 30 days and not renewable. The application process for a temporary permit shall be the same as the other permits. (Eff. xx/xx/xx) 11 CBJAC 01.080 - General operating requirements. (a) Permittees shall have a copy of the permit available for inspection while engaged in activities authorized by the permit. (b) Permittees are responsible for their actions and those of their agents, employees, and/or customers while engaged in permitted activities. The following operating requirements apply to activities conducted under the permit unless otherwise specified in a permit. (1) Commercial use of aquatics facilities shall be limited to public swim periods. (2) No advertising or solicitation is permitted within any municipal aquatics facility. (3) No alterations or improvements to the facility are allowed, nor may anything be posted or signs of any kind be displayed in the facility. (4) The permit holder shall promptly notify the Aquatics Manager of any accident, injury or claim relating to the permitted activity. (5) The permit holder shall promptly notify the Aquatics Manager of any repair or maintenance needed within the facility, or of any conditions which constitute a hazard. The permit holder shall not make any repairs or alterations to the facility. (6) Permit holders shall comply with all CBJ policies, rules and regulations; as well as all applicable state, federal, and local laws. (7) Permit holders shall properly dispose of all litter resulting from their use of the facility. (8) The permit holder shall reimburse the City and Borough of Juneau for any damage to municipal property caused by the permittee, their clients, or their use of the facility, including cleaning costs. (9) No equipment or supplies may be stored at any municipal facility. (10) No pets shall use an aquatics facility. (Eff. xx/xx/xx) 11 CBJAC 01.090 - Enforcement and penalties. (a) A permit may be suspended by the Aquatics Manager director without advance notice for a period not to exceed ten days if any activities conducted under the permit present an immediate danger to the public health, welfare, or safety. (b) A permit may be suspended or revoked by the Aquatics Manager Director upon a written finding that the permittee has violated these regulations, failed to comply with permit conditions, engaged in fraud or negligence, or misrepresented the nature and substance of the commercial activity. The permittee shall be provided at least 10 days’ notice and an opportunity to be heard at an informal hearing on the suspension or revocation. The Aquatics Manager’s Director's decision may be appealed to the City Manager by filing a notice of appeal with the Clerk’s Office within 10 days of the Aquatics Manager’s Director’s decision, setting forth the reasons for the appeal. The City Manager will take up the appeal within 10 days. The City Manager’s decision to deny a permit shall constitute a final agency action subject to appeal in accordance with CBJ 01.50.020(b). (Eff. xx/xx/xx) 11 CBJAC 01.100 - Definitions. As used in this chapter: "Commercial use" [and] "commercial purpose" mean the sale, delivery, or solicitation to provide, goods or services in exchange for valuable consideration. The term includes a service offered in conjunction with another sale of goods or services whether or not it is incidental to, advertised with, or specifically offered in the other sale. All instruction, lessons, classes, and other services are commercial activities if any payment or valuable consideration through barter, trade, cash or other commercial means is required, expected or received. "Department" means the City and Borough of Juneau Parks and Recreation Department. "Director" means the supervisor of the City and Borough of Juneau Parks and Recreation Department or such person as may be designated by the manager to administer these regulations. "Municipal aquatics facilities" [and] “pools” mean all swimming pools and related buildings and grounds owned by the City & Borough of Juneau. "Permittee" or “permit holder” means the business entity or its authorized representative conducting commercial activities in an aquatic facility according to a permit issued under these regulations. "Person" means a natural person, firm, partnership, corporation, association, or other entity organized for a common purpose. (Eff. xx/xx/xx)