2022-04-21 Regular Meeting
Watch meetings live, online at www.kodiakak.us
Citizen Comment: 486-3231 or 855-492-9202
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Kodiak Island Borough
Assembly Regular Meeting Agenda
Assembly Chambers
Thursday, April 21, 2022, 6:30 p.m.,
Streamed Live Online at www.kodiakak.us
and broadcasted on KMXT at 100.1 FM
Please subscribe to be notified when agenda packets are published.
Page
1. Invocation
2. Pledge of Allegiance
3. Statement of Land Acknowledgement
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people. We acknowledge the
10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our
community to this day.
4. Roll Call
5. Approval of Agenda and Consent Agenda
All items listed with an asterisk (*) are considered to be routine and non -controversial items by
the Assembly and will be approved by one motion.
6. *Approval of Minutes
4 - 57
A.
Assembly Regular Meeting Minutes of January 10, 2022; January
20, 2022; February 3, 2022; February 17, 2022; March 3, 2022;
March 17, 2022; April 7, 2022; and Assembly meeting of
February 28, 2022
Complete Binder for Minutes
7. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202
Agenda items not scheduled for public hearing and general comments.
8. Awards and Presentations
9. Committee Reports
10. Public Hearing
Page 1 of 117
Watch meetings live, online at www.kodiakak.us
Citizen Comment: 486-3231 or 855-492-9202
Listen on the radio at KMXT 100.1 FM
58 - 72
A.
Ordinance No. FY2022-14 Amending Kodiak Island Borough
Code Section 17.145.070 Regarding Communication Tower
Approval Criteria
Complete Binder for Ordinance No. FY2022-14 - Pdf
73 - 75
B.
Ordinance No. FY2022-16 Establishing An Opioid Settlement
Fund
Complete Binder for Ordinance No. FY2022-16 - Pdf
11. Borough Manager's Report
12. Messages from the Borough Mayor
13. Consideration of Calendar - Unfinished Business
14. Consideration of Calendar - New Business
14.A. Contracts
76 - 98
1.
Contract No. FY2021-17 Change Order No.1 With CH2M
Hill Engineers For Services During Construction For The
Landfill Stage 3 Closure Project In An Amount Not To
Exceed $25,000
Complete Binder for Contract No. FY2021-17, CO No. 1 -
Pdf
14.B. Resolutions
14.C. Ordinances for introduction
99 - 101
1.
Ordinance No. FY2022-17 Amending Kodiak Island
Borough Code Section 2.30.020 General Rules By
Removing The Provisions That Pertain To Declaration Of
A Disaster Or Emergency
Complete Binder for Ordinance No. FY2022-17 - Pdf
14.D. Other items
102 - 117
1.
Authorization For Fire Protection Area No. 1 To Move
Forward With The Advertisement Of The Invitation For Bid
For Bayside Fire Station Chief's Response Vehicle
Purchase
Complete Binder for Bayside Vehicle Purchase - Pdf
15. Citizens' Comments
Page 2 of 117
Watch meetings live, online at www.kodiakak.us
Citizen Comment: 486-3231 or 855-492-9202
Listen on the radio at KMXT 100.1 FM
16. Assembly Member' Comments
17. Adjournment
18. Information materials
18.A. Minutes of other Meetings
18.B. Reports
Page 3 of 117
Kodiak Island Borough
January 10, 2022
Assembly Regular Meeting Minutes
Page 1 of 9
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
January 10, 2022
A regular meeting of the Kodiak Island Borough Assembly was held on virtually on January 10,
2022, the meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Mayor Roberts.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. ROLL CALL
Present were Mayor Bill Roberts, Assembly members Scott Arndt, Jared Griffin,
Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams.
Also present were Administrative Official Dave Conrad, Borough Clerk Alise Rice, and
Assistant Clerk Mitchell Davidson.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
5. APPROVAL OF MINUTES
None.
6. CITIZENS' COMMENTS
None.
7. AWARDS AND PRESENTATIONS
A. Proclamation Declaring January 2022 As Law Enforcement Appreciation Month Mayor Roberts proclaimed the month of January 2022 as law enforcement
appreciation month.
8. COMMITTEE REPORTS
None.
9. PUBLIC HEARING
None.
10. BOROUGH MANAGER'S REPORT
Interim Manager Dave Conrad reported on the following:
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• Manager Murphy is recuperating from Covid and is expected to be back in the
office in the coming week.
• The Borough Building front counter is in effect to safeguard both the public and
the employees of the borough.
11. MESSAGES FROM THE BOROUGH MAYOR
Mayor Roberts reported on the following:
• There is an outbreak of Covid-19 in the borough right now.
• The Assembly will continue to meet virtually until the current outbreak subsides.
12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of
Business And Agenda, Adding A Statement Of Land Acknowledgement.
There are two versions of the proposed statement of land acknowledgment that
have been provided. Version One is the currently used statement and Version
Two is currently the School Board statement.
ARNDT moved to advance Ordinance No. FY2022-07 to public hearing at the
next in-person regular meeting of the assembly.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin,
Smiley, Smith, Turner, and Williams.
13. CONSIDERATION OF CALENDAR - NEW BUSINESS
13.A. CONTRACTS
1. Change Order No. 15 Amending Contract No. FY2019-10 With Jensen Yorba
Wall For Design And Services During Construction Fees For The KIBSD Main
Elementary School Roof Replacement In An Amount Not To Exceed $64,560.
ARNDT moved to approve contract No. FY2019-10 change order No. 15 with
Jensen Yorba Wall for the design and services during construction fees for the
Main Elementary School roof replacement in the amount of $64,560.
During the past several years, the Kodiak Island Borough School District has
discussed the overall condition but mostly appearance of the moss covering
treated cedar shingle roof at Main Elementary School. The KIBSD contracted to
have moss removal performed at Main Elementary School. As this roof is a
treated cedar shingle roof and due to its age and overall condition, the water
blasting that was performed resulted in additional degradation and created a
perceived emergent issue to replace the existing roof.
The Engineering and Facility Department staff contacted a local roofing
contractor for a review regarding repairs in October 2021. The information
provided was to leave the roof in the condition that it currently stands as it has
not been reported to be leaking. Staff is recommending the preparation of a bid
package for the replacement of the existing roof with architectural shingles and
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January 10, 2022
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acknowledge that soft areas will likely require the replacement of roof sheathing
as identified during the job progress.
The bid package should be prepared and advertised as quickly as possible to
allow for the roof replacement to be completed during the next building season.
If time and materials availability are a completion factor by the August start of
school, allow staff and the contractor to identify the roof section that require
immediate attention and perform the work in the established repair section order
jointly defined with the contractor.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Smith, Turner, Williams, and Arndt.
2. Contract No. FY2022-26 North Star Siding And Window Upgrades.
ARNDT moved to authorize the Borough Manager to execute Contract No.
FY2022-26 with Wolverine Supply, Inc. in an amount not to exceed $787,000.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states
that a contract exceeding $25,000 requires Assembly approval.
This contract is for replacement of siding and windows at North Star Elementary
School. The siding on the gym portion of the school was replaced in the summer
of 2020.
The scope of work for Phase 2 is replacement of siding and windows around the
other portions of the school and replacement of a few exterior doors. The siding
and windows were installed when the school was originally constructed in 1997.
And are showing signs of deterioration. The design was completed by Jensen
Yorba Wall and approved by the Architectural/Engineering Review Board.
A bid invitation was issued on November 19, 2021. Bids were due and opened
on December 16, 2021. Three bids were received, staff has determined that the
low bidder is Wolverine Supply, Inc. of Wasilla. The bid tabulation is attached.
The work is scheduled to be completed by August 30, 2022.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Smith, Turner, Williams, Arndt, and Griffin.
3. Contract No. FY2022-28 Kodiak Fisheries Research Center Saltwater
Disinfection System Upgrade Design With CRW Engineering Group, LLC.
ARNDT moved to authorize the Borough Manager to award Contract No.
FY2022-28 with CRW Engineering Group, LLC. for the Kodiak Fisheries
Research Center saltwater disinfection system upgrade design in the amount of
$124,500.
The original ozonation decontamination system is no longer functional and is not
supported by any existing company in that industry. The Kodiak Island Borough
hired a third-party contractor to assess the existing system earlier in 2021. This
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contractor came to the facility and that evaluation defined the system as
nonfunctional. Due to the hour meters on the existing equipment the contractor
stated that this equipment did not properly function from the time of installation.
The KIB hired CRW Engineering Group, LLC. to perform a site visit and prepare
a design for a temporary chlorination system that ensures compliance with an
Alaska Department of Fish and Game Aquatic Resource Permit required for
holding live shellfish at the facility. This system has been installed and is
functional and being monitored for proper function.
Staff is recommending hiring CRW for a professional services contract due to
their process engineering expertise in the rural water and wastewater field. This
contract will provide a defined scope of work, assistance with the preparation of
bid documents, support during the bid and construction process. In addition,
CRW will assist the KIB in application and instatement of the required Alaska
Pollutant Discharge Elimination System Permit if required by the Alaska
Department of Environmental Conservation.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Williams, Arndt, Griffin, and Smiley.
13.B. RESOLUTIONS
1. Reconsideration Of Resolution No. FY2021-38 Rescinding Resolution No.
FY2018-21 And Documenting The Kodiak Fisheries Work Group's Scope And
Authority.
ARNDT moved to approve Resolution No. FY2021-38 rescinding Resolution No.
FY2018-21 and documenting the Kodiak Fisheries Work Group scope and
authority.
January 6, 2022, Update:
At the regular meeting of the assembly on June 3, 2021, Resolution No. FY2021-
38 updating the scope and authority of the Kodiak Fisheries Work Group
(KFWG) failed by a six to one vote. This resolution is back before the assembly
for review and adoption.
The resolution modifies:
Section 2 Organization to change the meeting requirements from monthly to
twice each calendar year
and
Section 3 Purpose, Scope, and Authority removing the Kodiak Fisheries
Analyst/Consultant written monthly reports
June 3, 2021 Discussion
During the Joint Work Session on March 3, 2021 it was discussed and decided
to update the resolution for the Kodiak Fisheries Work Group to remove the
Fisheries Analyst/Consultant and change the meeting requirement to allow for
more flexibility during fishing seasons.
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Kodiak Island Borough
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The City of Kodiak adopted Resolution No. 2021-11 at its regular meeting on
March 25, 2021.
There has been confusion as to where this direction came from. Audio from the
JWS on March 3 has been transcribed for clarification of the action taken by the
City and the Borough Clerk.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Williams, Arndt, Griffin, Smiley, and Smith.
13.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2022-01A Amending Ordinance No. FY2022-01, Fiscal Year
2022 Budget, By Amending Budgets To Account For Various Revenues That
Are Over Budget, Providing For Additional Expenditures And Moving Funds
Between Projects.
ARNDT moved to advance Ordinance No. FY2022-01A amending Ordinance
No. FY2022-01, Fiscal Year 2022 Budget, to public hearing at the next regular
meeting of the assembly on January 20, 2022.
This ordinance details changes and accounts for additional funding requests
which occurred during the current fiscal year for items or circumstances not
known or expected during the initial creation of the FY2022 Budget.
Funds:
Funds are accounts established to collect money that must be used for a
specified purpose. The following funds are being changed with this budget
amendment.
• Fund 100 General Fund (current cash balance: $8,531,915)
o transfer $300,000 to Fund 415 for CAMA / Collection Software
Upgrade Project.
• Fund 220 Building and Grounds (current cash balance: $1,741,869)
o transfer $1,100,000 to Fund 469 for Borough Building Abatement
Mechanical Upgrades Project.
o transfer $28,000 to Fund 415 for the Emergency Borough
Building Boiler Repair Project.
• Fund 250 Fire Protection Area #1 (current cash balance: $919,627)
o receives $443 from Fund 450 from completed Fire Protection
Area #1 Paving Project.
• Fund 530 Solid Waste Disposal & Collection (current cash balance:
$7,494,640)
o transfer $100,000 to Fund 490 for the Landfill Stage 3 Closure
Project.
o receives $26,478 from Fund 490 from completed Baler Building
Septic Removal/Replacement Project.
o transfer $350,000 to Fund 490 for Leachate Aeration Project
• Fund 540 Hospital Fund (current cash balance: $ 3,433,314.42)
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o transfer $140,000 to Fund 495 for PKIMC New Fuel Tank Project.
• Fund 555 Kodiak Fisheries Research Center (current cash balance:
$2,242,623)
o transfer $40,000 to Fund 428 for KFRC Ozonator Project.
o receives $11,299 from Fund 426 from completed KFRC Electric
Boiler Project.
o transfer $70,000 to Fund 428 for KFRC Fume Hoods Project.
Projects:
Since most projects cover multiple years, the Borough does not create annual
budgets for them. Instead, each project budget is developed when the project is
originated.
Throughout the life of a project, funds will cycle in and out of the perspective
budgets due to continuous changes with the scope of work, expenses that are
over and under original estimates, or funds remaining at project completion. The
projects being amended by this budget amendment are:
• Fund 415 - Emergency Borough Building Boiler Repair Project
(increasing by $28,000)
• Fund 415 - CAMA/Collection Software Upgrade Project (increasing by
$300,000)
• Fund 426 - KFRC Electric Boiler Project (decreasing by $11,299)
• Fund 428 - KFRC Fume Hoods Project (increasing by $70,000)
• Fund 428 - KFRC Ozonator Project (increasing by $40,000)
• Fund 432 - Alaska Community Health Fund (Covid-19) (increasing by
$513,947)
• Fund 432 - Saltery Cove Trail System Access & Improvement Project
(increasing by $361,918)
• Fund 450 - Fire Protection Area #1 Paving Project (decreasing by $443)
• Fund 455 - Salonie Creek Culvert Replacement Project (increasing by
$270,359)
• Fund 469 - Electric Boiler for KMS Project (decreasing by $8,985)
• Fund 469 - Kodiak High School Electric Boiler Project (decreasing by
$18,117)
• Fund 469 - Borough Building Abatement Mechanical Upgrades Project
(increasing by $1,100,000)
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• Fund 490 - Baler Building Septic Removal/Replacement Project
(deceasing by $26,478)
• Fund 490 - Leachate Aeration Project (increasing by $350,000)
• Fund 490 - Landfill Stage 3 Closure Project (increasing by $100,000)
• Fund 495 - PKIMC New Fuel Tank Project (increasing by $140,000)
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams,
Arndt, Griffin, Smiley, Smith, and Turner.
2. Ordinance No. FY2022-08 Planning And Zoning Commission Case 22-006,
Approval Of Rezone Tract 1 & 2 Of Tract S-5a-1 U.S.S. 3218, 3467, 3469 From
Split I-Industrial And B-Business District To B-Business District.
ARNDT moved to advance ordinance FY2022-08, the rezone of tracts 1 & 2 of
Tract S-5A-1, being a portion of U.S.S. 3218 & 3467 & 3469, plat 93-34 from
split I-Industrial and B-Business District to B-Business District, as approved by
the Planning and Zoning Commission on December 15, 2021, to the next in
person regular meeting of the Assembly.
The rezone of Commercial Tract 1 and 2, Tract S-5A-1, U.S.S. 3218, 3467, and
3469 would allow the applicant to develop commercial property that is consistent
with the development goals outlined in the 2008 Kodiak Island Borough
Comprehensive Plan.
The rezone would be an opportunity to implement an action identified in the land
use section of the 2008 comprehensive plan: Review existing zoning ordinances
with a focus on minimizing the number of zones where possible to mitigate
confusion. In addition, the revised 1997 and the original 1991 Lakeside/Safeway
Subarea Land Use Plan identified this area as best suited to Retail Business.
Both the 91’ and 97’ versions of the plan identify separating potentially conflicting
land uses as a key objective.
A significant conflict exists with these two zoning districts governing a single
parcel, 17.90.010B; C: To prohibit the use of business district lands for
manufacturing and industrial purposes; This is a valuable opportunity to
implement comprehensive and subarea plan actions. Community Development
staff recommends capitalizing on this opportunity.
A total of 419 public hearing notices were mailed out on November 18, 2021.
Only one public comment, in favor of the rezone, was returned by the December
16 Planning and Zoning Commission meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin,
Smiley, Smith, Turner, and Williams.
13.D. OTHER ITEMS
AGENDA ITEM #6.A.
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January 10, 2022
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1. Confirmation Of Mayoral Appointment To The Planning and Zoning Commission
City Seat Expiring December 2022.
ARNDT moved to confirm the mayoral appointment of Mr. Kent Cross to the
Planning and Zoning Commission City Seat to expire December 2022.
Mr. Delgado's city seat was vacated on August 31, 2021. The Kodiak City
Council met on December 7th and have recommended Mr. Kent Cross.
ROLL CALL VOTE ON THE VOTE CARRIED UNANIMOUSLY: Griffin, Smiley,
Smith, Turner, Williams, and Arndt.
2. 2022-2024 Annual Mayoral Appointments To The Non-Elect Seats Of Different
Boards, Committees, And The Planning And Zoning Commission.
Per KIBC 2.100.030 Members of boards, committees, and commissions, except
for members of the board of adjustment, members of the board of equalization,
and elected service area board members, are appointed by the mayor and
confirmed by the assembly unless otherwise specifically provided elsewhere in
this code.
Mayoral appointments to boards and committees with vacant non-elected seats
were advertised 11/15/2021 and 11/29/2021.
• Citizens Board of Equalization - 2 Seats
• Parks and Recreation Committee - 3 Seats
• Planning and Zoning Commission - 2 Borough Seats and 1 City Seat
• Solid Waste Advisory Board - 3 Seats; Board Seat, Retail Business
Representative, and Construction Business Representative
ARNDT moved to approve the appointment of Mr. John Melin to the Architectural
Review Board.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Smith, Turner, Williams, Arndt, and Griffin.
ARNDT moved to approve the appointment of Mr. Mark Anderson to the Citizens
Board of Equalization.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Williams, Arndt, Griffin, and Smiley.
ARNDT moved to approve the appointment of Mr. Christopher Paulson to the
vacant city three-year seat on the Planning and Zoning Commission per the
city’s recommendation.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Williams, Arndt, Griffin, Smiley, and Smith.
ARNDT moved to approve the appointment of Ms. Linnea Johnson to a borough
seat on the Planning and Zoning Commission.
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January 10, 2022
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ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Williams,
Griffin, Smiley, Smith, and Turner (AYES); Arndt (NO).
ARNDT moved to confirm the three mayoral appointments to the Solid Waste
Advisory Board (Ms. Katherine Irons, Mr. Douglas Hogen, Mr. Robert Williams).
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin,
Smiley, Smith, Turner, and Williams.
14. CITIZENS' COMMENTS
None.
15. ASSEMBLY MEMBER' COMMENTS
• Assembly member Smiley encouraged village governance to seek out
information on watersheds.
• Assembly member Williams thanked volunteers on KIB boards committees and
commissions.
• Assembly member Griffin had no comment.
• Assembly member Turner commented on KIB veteran’s exemptions.
• Assembly member Arndt expressed condolences to the family of Reed Oswalt.
• Assembly member Smith thanked citizens stepping up to serve on committees
and thanked law enforcement for their service to Kodiak.
16. ADJOURNMENT
Mayor Roberts adjourned the meeting at 7:12 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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January 20, 2022
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KODIAK ISLAND BOROUGH
Assembly Regular Meeting
January 20, 2022
A regular meeting of the Kodiak Island Borough Assembly was held virtually on January 20,
2022, the meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Sargent Major David Blacketer.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. ROLL CALL
Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado,
Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams.
Also present were Borough Manager Roxanne Murphy, Borough Clerk Alise Rice, and
Assistant Clerk Mitchell Davidson.
4. APPROVAL OF AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON THE MOTION CARRIED.
5. APPROVAL OF MINUTES
None.
6. CITIZENS' COMMENTS
• Shalyn Cochran
• Dora Cross
7. AWARDS AND PRESENTATIONS
None.
8. COMMITTEE REPORTS
None.
9. PUBLIC HEARING
A. Ordinance No. FY2022-01A Amending Ordinance No. FY2022-01, Fiscal Year
2022 Budget, By Amending Budgets To Account For Various Revenues That
Are Over Budget, Providing For Additional Expenditures And Moving Funds
Between Projects.
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ARNDT moved to adopt Ordinance No. FY2022-01A Amending Ordinance No.
FY2022-01, Fiscal Year 2022 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional Expenditures
And Moving Funds Between Projects.
Mayor Roberts closed the regular meeting and opened the public hearing.
Seeing and hearing none, Mayor Roberts closed the public hearing and
reconvened the regular meeting.
This ordinance details changes and accounts for additional funding requests
which occurred during the current fiscal year for items or circumstances not
known or expected during the initial creation of the FY2022 Budget.
Funds:
Funds are accounts established to collect money that must be used for a
specified purpose. The following funds are being changed with this budget
amendment.
• Fund 100 General Fund (current cash balance: $8,531,915)
o transfer $300,000 to Fund 415 for CAMA / Collection Software
Upgrade Project.
• Fund 220 Building and Grounds (current cash balance: $1,741,869)
o transfer $1,100,000 to Fund 469 for Borough Building Abatement
Mechanical Upgrades Project.
o transfer $28,000 to Fund 415 for the Emergency Borough
Building Boiler Repair Project.
• Fund 250 Fire Protection Area #1 (current cash balance: $919,627)
o receives $443 from Fund 450 from completed Fire Protection
Area #1 Paving Project.
• Fund 530 Solid Waste Disposal & Collection (current cash balance:
$7,494,640)
o transfer $100,000 to Fund 490 for the Landfill Stage 3 Closure
Project.
o receives $26,478 from Fund 490 from completed Baler Building
Septic Removal/Replacement Project.
o transfer $350,000 to Fund 490 for Leachate Aeration Project
• Fund 540 Hospital Fund (current cash balance: $ 3,433,314.42)
o transfer $140,000 to Fund 495 for PKIMC New Fuel Tank Project.
• Fund 555 Kodiak Fisheries Research Center (current cash balance:
$2,242,623)
o transfer $40,000 to Fund 428 for KFRC Ozonator Project.
o receives $11,299 from Fund 426 from completed KFRC Electric
Boiler Project.
o transfer $70,000 to Fund 428 for KFRC Fume Hoods Project.
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January 20, 2022
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*added 1/13 ws
o transfer $75,000 to Fund 469 for the Main Elementary Roof
Replacement Project.
Projects:
Since most projects cover multiple years, the Borough does not create annual
budgets for them. Instead, each project budget is developed when the project is
originated.
Throughout the life of a project, funds will cycle in and out of the perspective
budgets due to continuous changes with the scope of work, expenses that are
over and under original estimates, or funds remaining at project completion. The
projects being amended by this budget amendment are:
• Fund 415 - Emergency Borough Building Boiler Repair Project
(increasing by $28,000)
• Fund 415 - CAMA/Collection Software Upgrade Project (increasing by
$300,000)
• Fund 426 - KFRC Electric Boiler Project (decreasing by $11,299)
• Fund 428 - KFRC Fume Hoods Project (increasing by $70,000)
• Fund 428 - KFRC Ozonator Project (increasing by $40,000)
• Fund 432 - Alaska Community Health Fund (Covid-19) (increasing by
$513,947)
• Fund 432 - Saltery Cove Trail System Access & Improvement Project
(increasing by $361,918)
• Fund 450 - Fire Protection Area #1 Paving Project (decreasing by $443)
• Fund 455 - Salonie Creek Culvert Replacement Project (increasing by
$270,359)
• Fund 469 - Electric Boiler for KMS Project (decreasing by $8,985)
• Fund 469 - Kodiak High School Electric Boiler Project (decreasing by
$18,117)
• Fund 469 - Borough Building Abatement Mechanical Upgrades Project
(increasing by $1,100,000)
• Fund 490 - Baler Building Septic Removal/Replacement Project
(deceasing by $26,478)
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• Fund 490 - Leachate Aeration Project (increasing by $350,000)
• Fund 490 - Landfill Stage 3 Closure Project (increasing by $100,000)
• Fund 495 - PKIMC New Fuel Tank Project (increasing by $140,000)
*added 1/13 WS
• Fund 469 – Main Elementary Roof Replacement Project (increasing by
$75,000).
ROLL CALL VOTE ON THE ORDINANCE CARRIED UNANIMOUSLY: Griffin,
Smiley, Smith, Turner, Williams, Arndt, and Delgado.
10. BOROUGH MANAGER'S REPORT
The Borough Manager reported on the following:
• The upcoming budget cycle – She expressed her intention to review pertinent
documents and information with the Assembly.
11. MESSAGES FROM THE BOROUGH MAYOR
Mayor Roberts reported on the following:
• It is important for the assembly to review business despite the nature of virtual
meetings.
12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of
Business And Agenda, Adding A Statement Of Land Acknowledgement.
ARNDT moved to rescind the motion to advance to the next regular in-person
meeting of the assembly that was passed unanimously by the assembly on
January 10, 2022.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Smith, Turner, Williams, Arndt, Delgado, and Griffin.
ARNDT moved to advance Ordinance No. FY2022-07 as amended to public
hearing at the next regular in-person meeting of the assembly on February 17,
2022, and direct the clerk to advertise the hearing per KIB code section
2.30.070(B)(3).
December 16 Discussion:
Adopting this ordinance will add a land acknowledgement to the regular
permanent assembly agenda.
There are two versions of the land statement that have been provided. Version
One is the currently used statement and Version Two is currently the School
Board statement.
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Wanting further research from fellow assembly members the assembly
postponed this item to the January 6th regular meeting for further discussion.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Williams, Arndt, Delgado, Griffin, and Smiley.
B. Ordinance No. FY2022-08 Planning And Zoning Commission Case 22-006,
Approval Of Rezone Tract 1 & 2 Of Tract S-5a-1 U.S.S. 3218, 3467, 3469 From
Split I-Industrial And B-Business District To B-Business District.
ARNDT moved to rescind the motion to advance to the next regular in-person
meeting of the assembly, passed unanimously by the assembly on January 10,
2022.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Williams, Arndt, Delgado, Griffin, Smiley, and Smith.
ARNDT moved to advance Ordinance No. FY2022-08 to public hearing at the
next regular, in-person, meeting of the assembly on February 17, 2022, and
direct the clerk to advertise per KIB code section 2.30.070(B)(3).
The rezone of Commercial Tract 1 and 2, Tract S-5A-1, U.S.S. 3218, 3467, and
3469 would allow the applicant to develop commercial property that is consistent
with the development goals outlined in the 2008 Kodiak Island Borough
Comprehensive Plan.
The rezone would be an opportunity to implement an action identified in the land
use section of the 2008 comprehensive plan: Review existing zoning ordinances
with a focus on minimizing the number of zones where possible to mitigate
confusion. In addition, the revised 1997 and the original 1991 Lakeside/Safeway
Subarea Land Use Plan identified this area as best suited to Retail Business.
Both the 91’ and 97’ versions of the plan identify separating potentially conflicting
land uses as a key objective.
A significant conflict exists with these two zoning districts governing a single
parcel, 17.90.010B; C: To prohibit the use of business district lands for
manufacturing and industrial purposes; This is a valuable opportunity to
implement comprehensive and subarea plan actions. Community Development
staff recommends capitalizing on this opportunity.
A total of 419 public hearing notices were mailed out on November 18, 2021.
Only one public comment, in favor of the rezone, was returned by the December
16 Planning and Zoning Commission meeting.
WILLIAMS moved to amend the motion to advance the public hearing to the next
regular meeting of the Assembly on February 3.
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ROLL CALL VOTE ON THE AMENDMENT TO THE MOTION CARRIED FIVE
TO TWO: Delgado, Griffin, Smiley, Smith, and Williams (AYES); Arndt and
Turner (NOES).
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO
TWO: Williams, Delgado, Griffin, Smiley, and Smith (AYES); Arndt and Turner
(NOES).
13. CONSIDERATION OF CALENDAR - NEW BUSINESS
13.A. CONTRACTS
None.
13.B. RESOLUTIONS
1. Resolution No. FY2022-21A Providing Input To The Alaska Department Of
Environmental Conservation and FY2022-21B Safeguarding Alaska's Oil Spill
Prevention and Response Standards.
ARNDT moved to adopt Resolution No. FY2022-21A providing input to the
Alaska Department of Environmental Conservation and FY2022-21B
Safeguarding Alaska's Oil Spill Prevention and Response Standards.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Griffin, Smiley, Smith, Turner, Williams, and Arndt.
13.C. ORDINANCES FOR INTRODUCTION
None.
13.D. OTHER ITEMS
1. Confirmation Of Mayoral Appointment To The Planning And Zoning Commission
Borough Seat (Mr. Neff).
ARNDT moved to confirm the mayoral appointment of Mr. Cort Neff to the
Planning and Zoning Commission Borough Seat for a term to expire December
2024.
The Clerk's Office received Mr. Neff's application for the planning and zoning
commission on December 17, 2021.
Mr. Neff resides at 3746 Otmeloi Way, is a self-employed contractor. Assembly
member Scott Arndt recommended he apply.
Mr. Neff's background, experience, and expertise that he will bring to the
Commission is 22 years owning a construction company, 15 years of seasonal
Alaska Fish and Game employment, and employment in most Kodiak industries.
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ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Smith, Turner, Williams, Arndt, and Delgado.
14. CITIZENS' COMMENTS
• Cort Neff
15. ASSEMBLY MEMBER' COMMENTS
• Assembly member Smiley had no comment.
• Assembly member Williams had no comment.
• Assembly member Griffin had no comment.
• Assembly member Smith had no comment.
• Assembly member Turner had no comment.
• Assembly member Arndt had no comment.
• Assembly member Delgado thanked staff for their efforts in supporting the
assembly.
16. ADJOURNMENT
Mayor Roberts adjourned the meeting at 7:08 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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KODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 3, 2022
A regular meeting of the Kodiak Island Borough Assembly was held virtually on February 3,
2022, the meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Mayor Roberts.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. ROLL CALL
Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado,
Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams.
Also present were Borough Manager Roxanne Murphy, Borough Clerk Alise Rice, and
Assistant Clerk Mitchell Davidson.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON THE MOTION CARRIED.
5. APPROVAL OF MINUTES
None.
6. CITIZENS' COMMENTS
• Cort Neff
7. AWARDS AND PRESENTATIONS
A. Proclamation Cancer Awareness Month. Mayor Roberts proclaimed February 2022 as Cancer Awareness Month in the
Kodiak Island Borough.
8. COMMITTEE REPORTS
• Assembly member Smiley reported on the Solid Waste Advisory Committee’s
advertisement about waste management in Kodiak.
• Assembly member Williams reported on the Southwest Alaska Municipal
Conference board of directors meeting.
9. PUBLIC HEARING
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1. Ordinance No. FY2022-08 Planning And Zoning Commission Case 22-006,
Approval Of Rezone Tract 1 & 2 Of Tract S-5a-1 U.S.S. 3218, 3467, 3469 From
Split I-Industrial And B-Business District To B-Business District.
ARNDT moved to adopt Ordinance No. FY2022-08 Planning And Zoning
Commission Case 22-006, Approval Of Rezone Tract 1 & 2 Of Tract S-5a-1
U.S.S. 3218, 3467, 3469 From Split I-Industrial And B-Business District To B-
Business District.
The rezone of Commercial Tract 1 and 2, Tract S-5A-1, U.S.S. 3218, 3467, and
3469 would allow the applicant to develop commercial property that is consistent
with the development goals outlined in the 2008 Kodiak Island Borough
Comprehensive Plan.
The rezone would be an opportunity to implement an action identified in the land
use section of the 2008 comprehensive plan: Review existing zoning ordinances
with a focus on minimizing the number of zones where possible to mitigate
confusion. In addition, the revised 1997 and the original 1991 Lakeside/Safeway
Subarea Land Use Plan identified this area as best suited to Retail Business.
Both the 91’ and 97’ versions of the plan identify separating potentially conflicting
land uses as a key objective.
A significant conflict exists with these two zoning districts governing a single
parcel, 17.90.010B; C: To prohibit the use of business district lands for
manufacturing and industrial purposes; This is a valuable opportunity to
implement comprehensive and subarea plan actions. Community Development
staff recommends capitalizing on this opportunity.
A total of 419 public hearing notices were mailed out on November 18, 2021.
Only one public comment, in favor of the rezone, was returned by the December
16 Planning and Zoning Commission meeting.
Mayor Roberts closed the regular meeting at 6:41 p.m. and opened the public
hearing.
Hearing and seeing none, Mayor Roberts closed the public hearing at 6:42 p.m.
and reconvened the regular meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt,
Delgado, Smiley, Smith, Turner, and Williams.
10. BOROUGH MANAGER'S REPORT
The Borough Manager reported on the following:
• Borough staff Covid-19 policies.
• Attended an Alaska Municipal League session on Covid-19.
• Met with Superintendent Ledoux about KIBSD.
• Will attend the Coast Guard appreciation dinner.
11. MESSAGES FROM THE BOROUGH MAYOR
Mayor Roberts reported on the following:
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• Prince William Sound Regional Citizens Advisory Council Kodiak seat is up for
reappointment.
• Will revisit the topic of in-person meetings at the coming work session of
February 10.
12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
13. CONSIDERATION OF CALENDAR - NEW BUSINESS
13.A. CONTRACTS
1. Contract No. FY2022-29 Leachate Treatment Plant Pretreatment Facility.
ARNDT moved to award Contract No. FY2022-29 to Dawson Construction LLC
in the amount of $2,367,000.
This contract is for construction of an 1,800-sf addition to the Leachate
Treatment Plant (LTP). The addition will include process equipment designed to
alleviate persistent scaling problems caused by excess calcium carbonate
during the treatment process. Design for this project was completed by Jacobs
Engineering and approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on November 29, 2021. Bids were due and
opened on January 20, 2022. Only bid was received, from Dawson Construction
LLC. Staff has determined that Dawson's bid is responsive and is recommending
award of the contract. The work is scheduled to be completed by October 1,
2023.
ROLL CALL VOTE ON THE MOTION CARRIED UNANMIOUSLY: Delgado,
Smiley, Smith, Turner, Williams, and Arndt.
13.B. RESOLUTIONS
None.
13.C. ORDINANCES FOR INTRODUCTION
None.
13.D. OTHER ITEMS
None.
14. CITIZENS' COMMENTS
• None.
15. ASSEMBLY MEMBER' COMMENTS
• Assembly member Smiley had no comment.
• Assembly member Delgado had no comment.
• Assembly member Smith had no comment.
• Assembly member Williams had no comment.
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• Assembly member Turner had no comment.
• Assembly member Arndt had no comment.
16. EXECUTIVE SESSION
A. Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v.
Kodiak Island Borough, Case No. 3 KO-21-57CI.
SMILEY moved to convene into executive session under the authority of KIBC.
2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party
and to provide direction to the Borough Attorney Borough regarding that
litigation.
This executive session has been scheduled to permit the Assembly to receive
information concerning the present litigation strategy regarding the pending
appeal of the denial of a charitable purpose exemption application as to several
parcels of real property owned by the Kodiak Area Native Association (KANA).
ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Smiley,
Smith, Williams, and Delgado (AYES); Turner and Arndt (NOES).
SMILEY moved to invite the Borough Clerk, the Borough Attorney, the Borough
Manager, the Borough Assessor, the Mayor, and Assembly into executive
session.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Williams, Arndt, Delgado, and Smiley.
Mayor Roberts closed the regular meeting at 6:56 p.m. and convened into
executive session.
Mayor Roberts reconvened the regular meeting at 7:28 p.m. and announced that
no action was to be taken as a result of the executive action.
16. ADJOURNMENT
Mayor Roberts adjourned the meeting at 7:29 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
Wiliam Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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February 17, 2022
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KODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 17, 2022
A regular meeting of the Kodiak Island Borough Assembly was held virtually on February 17,
2022, the meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Mayor Roberts.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. ROLL CALL
Present were Assembly members Scott Arndt, Joseph Delgado, Scott Smiley, Geoffrey
Smith, and James Turner.
Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz,
and Assistant Clerk Mitchell Davidson
4. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON THE MOTION CARRIED.
5. APPROVAL OF MINUTES
None.
6. CITIZENS' COMMENTS
• Paul VanDyke
• David Conrad
7. AWARDS AND PRESENTATIONS
1. Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr.
Nick Szabo.
Mr. Nick Szabo has served on the Solid Waste Advisory Board for over a
decade. His service resulted in several changes in the community including the
promotion and ban on lightweight plastic shopping bags and forwarding and
promoting the Alaska Department of Fish and Game recommended "Bear Aware
Area" established to reduce the human/bear interaction in the community.
Mr. Szabo has been a champion of researching alternative methods of solid
waste disposal for the Kodiak community and has been an asset to the board
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and community throughout his tenure. In recent years Nick has been the board
chair and has guided the board on various topics from bears to coloring books
to potential energy from municipal solid waste alternatives.
8. COMMITTEE REPORTS
• Assembly member Smiley reported on the KIBSD school board superintendent
selection.
9. PUBLIC HEARING
1. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of
Business And Agenda, Adding A Statement Of Land Acknowledgement.
ARNDT moved to adopt Ordinance No. FY2022-07, Order 2, Version 4.
This Ordinance was amended on December 16, 2021, and advanced to public
hearing on February 17, 2022.
December 16 Discussion:
Adopting this ordinance will add a land acknowledgement to the regular
permanent assembly agenda.
There are two versions of this statement that have been provided. Version One
is the currently used statement and Version Two is currently the School Board
statement.
Wanting further research from fellow assembly members the Assembly
postponed this item to the January 6 regular meeting for further discussion.
Mayor Roberts closed the regular meeting and opened the public hearing.
Hearing no comment, Mayor Roberts closed the public hearing and reconvened
the regular meeting.
TURNER moved to amend version 4 of the language to read “Sugpiak, Alutiiq”.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Smiley, Smith, Turner, and Arndt.
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR
TO ONE: Arndt, Smiley, Smith, and Turner (AYES); Delgado (NO).
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
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12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
13. CONSIDERATION OF CALENDAR - NEW BUSINESS
13.A. CONTRACTS
1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For
Design Fees For The Peterson Elementary School Roof Replacement In An
Amount Not To Exceed $45,786.
ARNDT moved to authorize the Borough Manger to execute Contract No.
FY2019-10 Change Order No. 16 with Jensen Yorba Wall in and amount to not
exceed $45,786.
This is a change order to the Borough's current term contract with Jensen Yorba
Wall (JYW) to include 65% design services for the Peterson Elementary Roof
Replacement project. The existing roof at Peterson Elementary School has had
leaking issues and has been at the top of the Kodiak Island Borough School
District's Capital Improvement Project (CIP) list for several years.
This change order is to complete 65% design documents for a complete roof
replacement. JYW previously completed 35% design that was reviewed and
approved by the Architectural/Engineering Review Board in November 2021.
Part of the 65% design will be review and recommendations for replacement or
relocation of existing rooftop mechanical equipment. The mechanical equipment
will need to be at least temporarily removed to allow for the roofing work, so
investigation will be done to determine if it could be moved to a more suitable
location.
Completing this preliminary design work would help KIBSD to score higher on
the Alaska Department of Education and Early Development's CIP scoring
providing a greater chance of receiving partial State reimbursement for
construction.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Smith, Turner, Arndt, and Delgado.
2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For
Design Fees For The East Elementary School Roof Replacement In An Amount
Not To Exceed $5,000.
ARNDT moved to authorize the Borough Manger to execute Contract No.
FY2019-10 Change Order No. 17 with Jensen Yorba Wall in an amount to not
exceed $5,000.
This is a change order to the Borough's current term contract with Jensen Yorba
Wall (JYW) to include conceptual design services for the East Elementary Roof
Replacement project. The existing roof at East Elementary School was installed
in 1987 and has been experiencing issues with snow and ice buildup.
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There is also an intersection between two different portions of the building that
is prone to leaking due to its construction.
This change order is to complete a conceptual design for a roof replacement,
mainly focusing on options to correct the roof intersection area. This will likely
require consultation with a structural engineer to ensure the existing structure is
capable of handling proposed new roof loads. Completing this initial design work
would also help KIBSD to score higher on the Alaska Department of Education
and Early Development's CIP scoring providing a greater chance of receiving
partial State reimbursement for construction.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith,
Turner, Arndt, Delgado, and Smiley.
3. Contract No. FY2022-30 Landfill Stage 3 Closure
ARNDT moved to award Contract No. FY2022-30 to Brechan Construction in an
amount not to exceed $1,948,000.
This contract is for installation of interim cover, final cover, and rain sheet at the
landfill. Completing this work will direct rainwater to the stormwater system
instead of leachate collection, helping to minimize the amount of water that
requires treatment at the Leachate Treatment Plant. The contract includes a unit
price for blasting and processing of cover rock for future landfill operations.
Design for this project was completed by Jacobs Engineering and approved by
the Architectural/Engineering Review Board.
An invitation to bid was issued on November 22, 2021. Bids were due and
opened on January 27, 2022. Only bid bid was received, from Brechan
Construction LLC. Staff has determined that Brechan's bid is responsive and is
recommending award of the contract. The work is scheduled to be completed by
November 1, 2022.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Arndt, Delgado, Smiley, and Smith.
4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc
Replacement Pump For The Kodiak Fisheries Research Facility.
ARNDT moved to authorize the Borough Manager to approve Contract No.
FY2022-31- the purchase of the Fybroc Replacement Pump for the Kodiak
Fisheries Research Facility in an amount not to exceed $32,000.00.
This centrifugal pump is the primary backwash pump for the filtered seawater
system at the KFRC Facility. The pump is original equipment and has been in
service since 1998. The pump seals are showing signs of wear and are leaking
saltwater.
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Staff is requesting permission to procure this pump prior to the failure of the
pump seals. After replacement of the existing pump the staff will obtain pricing
for rebuild. If rebuild is a reasonable cost the existing pump can be rebuilt and
stored for a critical spare.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt,
Delgado, Smiley, Smith, and Turner.
5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area No.
1.
Fire Protection Service Area #1 , the Bayside Volunteer Fire Department is
requesting consideration to procure a Ford F150 4x4 Super Crew Cab Pick Up
in the amount of $56,439.00 as a replacement Fire Chief vehicle for the
department. The Fire Service Area Board has recognized this replacement
chief’s vehicle as an emergency first out vehicle. Due to the condition of the
existing 2002 Jeep Liberty Chiefs Vehicle, they are requesting consideration for
an emergency purchase.
This vehicle will replace the aging 2002 Jeep Liberty that has been determined
to be unsafe in its current condition. Bayside has been contemplating the
purchase of a replacement for the Jeep Liberty for a couple of years. The vehicle
has not run properly and due to the age, the department does not wish to invest
in the cost to repair the 20-year-old vehicle. Normally the KIB would utilize the
State of Alaska DOT Light Vehicle Procurement List to buy replacements
vehicles of this type. Due to the pandemic and the issues associated with the
supply chain, the AKDOT Light Vehicle Site has not been available for two years.
The dealers contacted in Anchorage for potential ordering will not take orders
for new vehicles until reportedly the 2023 model year is pending. After
discussions with Kendall Ford, additional first responder discounts will apply to
this vehicle purchase.
Move to Authorize the Manager to enter into Contract #FY2022-32 with Kendell
Ford of Anchorage, Alaska to procure a Ford F150 4x4 Super Crew Cab Pick
Up in the amount of $56,439.00.
REMANDED BACK TO FIRE PROTECTION AREA NO. 1 SERVICE AREA
BOARD.
13.B. RESOLUTIONS
1. Resolution No. FY2022-20 Identifying Federal Program Priorities.
ARNDT moved to approve Resolution No. FY2022-20 Identifying Federal
Program Priorities.
This is an annual resolution identifying federal program and capital project
priorities. The resolution is shared with the Borough's federal representatives
and lobbyist to advocate for programs and projects important to our community.
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ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Smiley, Smith, Turner, and Arndt.
13.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel
Rules And Regulations.
SMILEY moved to advance Ordinance No. FY2022-09 Amending the Kodiak
Island Borough Personnel Rules And Regulations to public hearing at the next
regular meeting of the assembly on March 3, 2022.
The Kodiak Island Borough Personnel Rules and Regulations, commonly
referred to as the Personnel Manual, is governed by Kodiak Island Borough
Code 2.015 and must be amended via ordinance.
The Personnel Rules and Regulations were completely rewritten and adopted in
1994. Regular amendments were made to the document through the late
1990’s. A dedicated Human Resources position was eliminated via budget
reductions in the late 1990’s and there have only been a couple of amendments
to the document since then.
• FY2006-05 adopted the federal rate for per diem
• FY2007-07 amended section 203, to clarify language relative to the
Personnel Board
• FY2014-16 adopted and implemented a new employee classification and
compensation plan
• FY2016-21 amended the advertisement of position vacancies
There have been no updates that reflect changes in the Collective Bargaining
Agreement, or clarifications to language and practice in more than 20 years. This
amendment provides a comprehensive baseline review, update, and
amendment to the Personnel Manual to reflect negotiated changes in the
Collective Bargaining Agreement with the IBEW for union employees, the
discontinuance of the Personnel Advisory Board via Ordinance No. FY2021-41,
and changes to language that clarify or align with current practices and
procedures.
Staff have identified additional proposed amendments to the Personnel Rules
and Regulations; however, some proposed changes will need to be approved
by the union membership via the next contract negotiation, and others will
require professional consultation. It is the intention of staff to re-instate regular
amendments to this document as they occur.
ARNDT moved to amend section 409 to replace step F with step D.
ROLL CALL VOTE ON THE AMMENDMENT CARRIED UNANIMOUSLY:
Smith, Turner, Arndt, Delgado, and Smiley.
ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED
UNANIMOUSLY: Smiley, Smith, Turner, Arndt, and Delgado.
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2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of
Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy
Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting
Restrictions To General Fund Property Tax Revenues.
SMILEY moved to advance Ordinance No. FY2022-10 to public hearing at the
next regular meeting of the assembly on March 3, 2022 and direct the clerk to
advertise per KIB code section 2.30.070(B)(3).
Statute section 29.45.100 of the State of Alaska does not allow restrictions on
tax revenues for bonded debt. This ordinance removes the tax revenue
restrictions not allowed on revenues collected to make bond debt payments from
the Maximum Allowable Property Tax Revenue calculation in KIBC 3.25.030.
In October of 2018, voters approved an ordinance by initiative which set a
maximum allowable tax revenue limit for Borough taxes. Subsequently, the
formula was amended in 2021 to clarify that the revenue tax limit only applied to
areawide real and personal property taxes. If approved, this will be the second
change to the original formula.
Unlike the municipality the original formula was modeled after, our borough has
a Debt Service fund which is not part of the General Fund. This means we
already separate non-restricted tax revenues from restricted tax revenues. Our
tax collection mill rate is based on the annual total debt service payments, less
anticipated reimbursements and any excess/shortages that may occur each
year are contained in the Debt Service fund and are already accounted for when
calculating the next year's tax collection mill rate.
Staff believes this second change to the formula will allow the formula to focus
on limiting the tax revenues that can be limited, thereby preserving the intent of
the original voter initiative.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Arndt, Delgado, Smiley, and Smith.
3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019
Foreclosed Properties KIB/Pearson, James S, KIB/Reames,Dale, KIB/Nies,Iona
F, and KIB/Inga Sr, Martin, And Establishing Intention To Surplus And Sell Said
Properties By Finding That A Public Need Does Not Exist For The Properties
And Authorizing The Properties For Immediate Disposal.
ARNDT moved to advance Ordinance No. FY2022-11 to public hearing at the
next regular meeting of the assembly on March 3, 2021.
These properties were acquired by the Borough on September 13, 2021,
through the 2019 foreclosure process.
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The acquisition of these properties followed both the Borough codes and State
of Alaska statutes regarding the foreclosure process. This ordinance establishes
the Borough's findings by Planning and Zoning Resolution No. FY2022-01, a
'public need' does not exist and classifies them as surplus.
As surplus property, these properties could be made available for sale by the
assembly at a later date.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt,
Delgado, Smiley, Smith, and Turner.
13.D. OTHER ITEMS
1. Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road
Service Area, Mr. Alan Wolf.
ARNDT moved to confirm the mayoral appointment of Mr. Alan Wolf to the
Mission Lake "Tide Gate" Road Service Area Board seat for a term to expire
October 2024.
On January 20, 2022, the Clerk's office received Mr. Wolfs application for the
Mission Lake "Tide Gate" Road Service Area Board seat that expires October
2024.
Mr. Wolf currently resides at 2138 Spruce Haven Lane, this qualifies him for the
service area seat. He has resided in the service area for 8 years.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Smiley, Smith, Turner, and Arndt.
2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large
Seat, Ms. Brandi Wagner.
SMILEY moved to confirm the mayoral appointment of Ms. Brandi Wagner to an
at large seat on the Consolidation Committee.
On February 3, 2022, the Clerk's office received Ms. Wagners application for the
Consolidation Committee at large seat.
Ms. Wagner currently resides at 1115 Purtov St, this qualifies her for the
consolidation at large seat. She has resided in the Borough for 31 years.
Her main reasons for applying are to help be a part of the solution for more
transparent and efficient government within the City and Borough.
What background, experience, and expertise will you bring to the committee?
Ms. Wagner responded "As someone who is a problem solver by nature, I enjoy
researching and asking questions to help find solutions. I also am a listener and
am able to help distill information down to identify goals and challenges. I
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previously served on the Sun'aq Tribal Council, filling in as a chairperson many
times.
ROLL CALL VOTE ON THE MOTION FAILED THREE TO TWO: Smith, Turner,
and Delgado (AYES); Smiley and Arndt (NOES).
14. CITIZENS' COMMENTS
• Paul VanDyke
• Bruce Shackler
• Mitchell Davidson
15. ASSEMBLY MEMBER' COMMENTS
• Assembly member Turner announced that he would be absent in the coming
months due to business travel.
• Assembly member Smiley had no comment.
• Assembly member Arndt had no comment.
• Assembly member Smith thanked staff for their work.
• Assembly member Delgado thanked staff for their work.
16. ADJOURNMENT
Mayor Roberts adjourned the meeting at 7:54 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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KODIAK ISLAND BOROUGH
Assembly Special Meeting
February 28, 2022
A special meeting of the Kodiak Island Borough Assembly was held on February 28, 2022, in
the Bayside Fire Hal, 4606 E. Rezanof Dr. The meeting was called to order at 6:30 p.m.
Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith,
Scott Smiley, James Turner, and Aimee Williams. Also present were Borough Manager
Roxanne Murphy and Assistant Clerk Mitchell Davidson.
CITIZENS' COMMENTS
• None
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING.
1. EXECUTIVE SESSION - Discussion of Personnel Matter.
ARNDT moved to convene into executive session under the authority of KIBC. 2.30.030
(F)(1)(g) for the discussion of a matter pertaining to personnel, KIBC 2.30.030(F)(1)(e)
matters which by law or ordinance are required to be confidential, and KIBC
2.30.030(F)(1)(c) matters which may tend to prejudice the character or reputation of any
person.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley,
Smith, Turner, Williams, Arndt, and Delgado.
ARNDT moved to invite the Assembly, Human Resources contractor Amy Gaskill, The
Borough Manager, the Borough Attorney, and relevant borough staff as necessary into
executive session.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin,
Smiley, Smith, Turner, Williams, and Arndt.
While executive sessions under KIBC 2.30.030(F)(1) (e) and (g) do not require notice
to the personnel involved, if the discussion might include discussion of matters tending
to defame or prejudice the reputation or character of any person, then KIBC
2.30.030(F)(1)(c) requires that the person be provided notice and offered the
opportunity to require that the discussion be in open session. They do not have a right
to be present in executive session unless invited. Notice of the potential executive
session has been provided to the person involved. Should the person request that the
discussion be in open session the Assembly could choose to proceed in open session
or could proceed in executive session under KIBC 2.30.030(F)(1) (e) and (g), but would
need to exercise care to refrain from discussion of matters which would tend to defame
or prejudice the character or reputation of the person.
Deputy Presiding Officer (DPO) Williams recessed the special meeting and convened
into executive session at 6:34 p.m.
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At 9:59 p.m. DPO Williams reconvened the regular meeting and opened the floor for a
motion.
SMITH moved to terminate employment of the Borough Clerk effective March 1st.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith,
Turner, Williams, Arndt, Delgado, and Griffin.
ADJOURNMENT.
DPO Williams adjourned the meeting at 10:01 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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KODIAK ISLAND BOROUGH
Assembly Regular Meeting
March 3, 2022
A regular meeting of the Kodiak Island Borough Assembly was held on March 3, 2022, in the
Borough Assembly Chambers. The meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Presiding Officer (PO) Arndt led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott
Smiley, and James Turner.
Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz,
and Assistant Clerk Mitchell Davidson
TURNER moved to excuse Assembly members Smith who was absent due to personal
leave and Assembly Member Williams who was attending the Southwest Alaska
Municipal Conference.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
TURNER moved to approve the agenda.
VOICE VOTE ON THE MOTION CARRIED.
6. APPROVAL OF MINUTES
None.
7. CITIZENS' COMMENTS
• Mike Milligan
8. AWARDS AND PRESENTATIONS
None.
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9. COMMITTEE REPORTS
None.
10. PUBLIC HEARING
A. New Liquor License Application Double Shovel Cider, LLC, License Number
6007.
TURNER moved to voice non-protest to the State of Alaska Alcoholic Beverage
Control Board request for a new liquor license application, Double Shovel Cider,
LLC, license number 6007.
On January 7, 2022, the Kodiak Island Borough Clerk's Office received
notification regarding the attached license application for a new winery
manufacture liquor license for Double Shovel Cider, LLC.
To protest the approval of this application(s), pursuant to 3 AAC 306.060, KIB
must furnish the AMCO director and the applicant with a clear and concise
written statement of reasons for the protest within 60 days of the date of the
notice (by March 7, 2022) and provide AMCO proof of service of the protest upon
the applicant.
To summarize, the Clerk's Office followed KIBC 5.01.030 and checked with the
borough department directors including the building official and Fire Marshal to
determine if there was an interest which can be protested with the approval of
the said license issuance, none were reported. The forms distributed to the
departments are included in this packet.
Notice of public hearing was advertised in the newspaper on February 25, 2022.
Public hearing notices were mailed out on February 9, 2022, to those property
owners with in the 1,500 radii. One non protest letter was received from property
owners.
Presiding Official Arndt closed the regular meeting and opened the public
hearing.
The following spoke during the public hearing:
• Gideon Saunders
• George Hartman
Presiding Official Arndt closed the public hearing and reconvened the regular
meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Griffin, Smiley, Turner, and Arndt.
B. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel
Rules And Regulations.
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TURNER moved to postpone the public hearing of Ordinance No. FY2022-09 to
the regular meeting of the Assembly on May 5, 2022.
The Kodiak Island Borough Personnel Rules and Regulations, commonly
referred to as the Personnel Manual, is governed by Kodiak Island Borough
Code 2.015 and must be amended via ordinance.
The Personnel Rules and Regulations were completely rewritten and adopted in
1994. Regular amendments were made to the document through the late
1990’s. A dedicated Human Resources position was eliminated via budget
reductions in the late 1990’s and there have only been a couple of amendments
to the document since then.
• FY2006-05 adopted the federal rate for per diem
• FY2007-07 amended section 203, to clarify language relative to the
Personnel Board
• FY2014-16 adopted and implemented a new employee classification and
compensation plan
• FY2016-21 amended the advertisement of position vacancies
There have been no updates that reflect changes in the Collective Bargaining
Agreement, or clarifications to language and practice in more than 20 years. This
amendment provides a comprehensive baseline review, update, and
amendment to the Personnel Manual to reflect negotiated changes in the
Collective Bargaining Agreement with the IBEW for union employees, the
discontinuance of the Personnel Advisory Board via Ordinance No. FY2021-41,
and changes to language that clarify or align with current practices and
procedures.
Staff have identified additional proposed amendments to the Personnel Rules
and Regulations; however, some proposed changes will need to be approved
by the union membership via the next contract negotiation, and others will
require professional consultation. It is the intention of staff to re-instate regular
amendments to this document as they occur.
ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED
UNANIMOUSLY: Griffin, Smiley, Turner, Arndt, and Delgado.
C. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of
Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy
Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting
Restrictions To General Fund Property Tax Revenues
TURNER moved to adopt Ordinance No. FY2022-10.
Statute section 29.45.100 of the State of Alaska does not allow restrictions on
tax revenues for bonded debt. This ordinance removes the tax revenue
restrictions not allowed on revenues collected to make bond debt payments from
the Maximum Allowable Property Tax Revenue calculation in KIBC 3.25.030.
In October of 2018, voters approved an ordinance by initiative which set a
maximum allowable tax revenue limit for Borough taxes. Subsequently, the
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formula was amended in 2021 to clarify that the revenue tax limit only applied to
areawide real and personal property taxes. If approved, this will be the second
change to the original formula.
Unlike the municipality the original formula was modeled after, our borough has
a Debt Service fund which is not part of the General Fund. This means we
already separate non-restricted tax revenues from restricted tax revenues. Our
tax collection mill rate is based on the annual total debt service payments, less
anticipated reimbursements and any excess/shortages that may occur each
year are contained in the Debt Service fund and are already accounted for when
calculating the next year's tax collection mill rate.
Staff believes this second change to the formula will allow the formula to focus
on limiting the tax revenues that can be limited, thereby preserving the intent of
the original voter initiative.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Turner, Arndt, Delgado, and Griffin.
D. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019
Foreclosed Properties KIB/Pearson, James S, KIB/Reames,Dale, KIB/Nies,Iona
F, and KIB/Inga Sr, Martin, And Establishing Intention To Surplus And Sell Said
Properties By Finding That A Public Need Does Not Exist For The Properties
And Authorizing The Properties For Immediate Disposal.
TURNER moved to adopt Ordinance No. FY2022-11 version 2.
02-24-22 Version 2
During the meeting on 02-24-22, it was recommended to remove the word
'immediate' from the ordinance.
ORIGINAL
These properties were acquired by the Borough on September 13, 2021,
through the 2019 foreclosure process.
The acquisition of these properties followed both the Borough codes and State
of Alaska statutes regarding the foreclosure process. This ordinance establishes
the Borough's findings by Planning and Zoning Resolution No. FY2022-01, a
'public need' does not exist and classifies them as surplus.
These properties could be made available for sale by the assembly at a later
date.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Arndt, Delgado, Griffin, and Smiley.
11. BOROUGH MANAGER'S REPORT
The Borough Manager reported on the following:
• Easing masking mandates in Borough facilities
• Progress on a potential Borough employee salary study
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• Seeking contracted HR for the Borough
12. MESSAGES FROM THE BOROUGH MAYOR
Presiding Assembly member Arndt reported on the following:
• Legislative testimony on the upcoming state budget
• Potential for an interim Borough Clerk
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2022-33 Main Elementary Roof Replacement.
TURNER moved to award Contract No. FY2022-33 to Friend Contractors LLC
in an amount not to exceed $620,088.00.
This contract is for replacement of the roof at Main Elementary School. The roof
was installed in 1992 and has begun to show signs of wear. During summer
2021 the Kodiak Island Borough School District cleaned a buildup of moss off
the roof which exposed deterioration of the existing wood shakes and other
roofing materials. Design for this project was completed by Jensen Yorba Wall
and approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on February 8, 2022. Bids were due and opened
on March 1, 2022. One bid was received, from Friend Contractors LLC. After
review of the bid documents staff has determined that the bid from Friend
Contractors is responsive and responsible. The invitation to bid included the
base bid for replacement of roofing, an alternate to substitute high build shingles
for regular architectural shingles to more closely match the look of the existing
shakes, and an alternate to install fall protection anchors for future roof
maintenance. Staff is recommending award of the base bid and both alternates.
The work is scheduled to be completed by October 14, 2022.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt,
Delgado, Griffin, Smiley, and Turner.
14.B. RESOLUTIONS
1. Resolution No. FY2022-22 Accepting A State of Alaska ARPA Local
Government Lost Revenue Relief Grant.
TURNER moved to approve Resolution No. FY2022-22 Accepting A State of
Alaska ARPA Local Government Lost Revenue Relief Grant.
Kodiak Island Borough Resolution No. FY2022-18 authorized an application to
the State of Alaska for Local Government Lost Revenue Relief Program funds.
The Kodiak Island Borough received notice of a $1,925,939.01 award from this
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program. Funds must be used in accordance with federal guidance which
includes the provision of government services to the extent of the reduction in
revenue due to the COVID-19 public health emergency; a calculation of the
reduction in revenue experienced by the Kodiak Island Borough was submitted
with the application and matches the amount of the award.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Griffin, Smiley, Turner, and Arndt.
2. Resolution No. FY2022-23 Of The Kodiak Island Borough Assembly Authorizing
A Memorandum Of Agreement Between The Kodiak Island Borough And The
Kodiak Island Borough School District Regarding The Funding And Construction
Of Improvements Of Main Elementary School Roof And Other School Facilities.
TURNER moved to approve Resolution No. FY2022-23 authorizing a
memorandum of agreement between the Kodiak Island Borough (KIB) and the
Kodiak Island Borough School District (KIBSD) regarding the funding and
construction of improvements at the Main Elementary School for roof
replacement and other school facilities projects.
During recent discussions with the KIBSD and KIB staffs, the KIBSD staff has
informed the KIB of excess funds that the KIBSD has and identified a number of
major maintenance and construction projects. One of the projects, Main
Elementary School Roof Replacement was identified as better suited for
construction management and execution by the KIB staff. As part of these
discussions, the need for an MOA addressing the project the KIBSD would
undertake and those by the KIB was discussed and approved in concept. The
MOA specifically identifies the need for the roof replacement. Borough staff and
our architect have designed and conducted the required meeting with
Architectural Review Board. The approved capital project has been advertised
for bids with the goal to replace the roof in the summer of 2022. $1,500,000.00
is to be made available by request by the KIB for direct and indirect costs
associated with the replacement and repairs of the Main Elementary School
Roof.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Turner, Arndt, and Delgado.
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section
3.35.030(A)(3) Regarding Required Tax Property Exemptions.
TURNER moved to advance Ordinance No. FY2022-12 to public hearing at the
next regular meeting of the Assembly on March 17, 2022.
The language “Property used for religious purposes includes the residence of a
bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious
organization” is language from the 1962 version of the Alaska Statutes. This was
amended in 1972 and again in 1985 and 2006. Similarly, the sentence “Property
of any religious, educational or charitable organization from which the
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organization derives any rentals or profits shall not be exempt” is from the 1962
version of the statutes. The current language in AS 29.45.030(b) provides
(significant changes highlighted in bold):
“(b) In (a) of this section, "property used exclusively for religious purposes"
includes the following property owned by a religious organization:
(1) the residence of an educator in a private religious or parochial school or a
bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious
organization; for purposes of this paragraph, "minister" means an individual who
is
(A) ordained, commissioned, or licensed as a minister according to standards of
the religious organization for its ministers; and
(B) employed by the religious organization to carry out a ministry of that religious
organization;
(2) a structure, its furniture, and its fixtures used solely for public worship,
charitable purposes, religious administrative offices, religious education, or a
nonprofit hospital;
(3) lots required by local ordinance for parking near a structure defined in (2) of
this subsection.”
The difference is relevant for a couple reasons. First, the state law now includes
private religious or parochial school teacher housing, which was added in 2006.
Second, the criteria to determine a minister is more detailed. For these two items
we can still look to state law on the theory that it preempts any inconsistent
application of our definition of minister, and mandates exemption of the teacher
residence. While we require some of this information (see KIBC
3.35.030(A)((3)(a)(vii), our language is not consistent regarding the school
teacher or revenues. It would be cleaner to be parallel with the statutes on this
issue.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Turner, Arndt, Delgado, and Griffin.
2. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section
18.50.010 Regarding Fees For Permits.
SMILEY moved to advance Ordinance No. FY2022-13 to public hearing at the
next regular meeting of the assembly on March 17, 2022.
In 2016 the Assembly passed, via Resolution, an update to the fee schedule for
leases to $1200.00. Unfortunately, Ordinance 18.050.101 was not updated, so
the Resolution is not really in effect. Amending 18.50.010 through Ordinance
FY2022-12 will ensure that lease fees will not be in jeopardy when they are
updated by Resolution going forward and lessens the chance this Ordinance of
being overlooked by staff and the need for duplicated actions by the assembly.
The documents for the 2016 update are included in your package.
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ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Arndt, Delgado, Griffin, and Smiley.
3. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial
District To B-Business District (P&Z Case No. 22-009).
SMILEY moved to advance Ordinance FY2022-15, the rezone of USS 444 TR
A Lot A Mission Road from I-Industrial District to B-Business District, as
approved by the Planning and Zoning Commission on February 16, 2022, to the
next regular meeting of the Assembly on March 17, 2022.
The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to
I-Industrial zoning district on August 2, 1970. The Orthodox Church in America
did not request a rezone and was not a party to the rezone request by the
Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot
B. This application for rezone coincided with a time that the Orthodox Church in
America was going through administrative changes and likely did not have
representation in Kodiak to make any objections to the rezone request.
The archived documents show that the original rezone request was for USS 444
Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970,
meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B).
The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads
Tract “A” and consequently authorized a rezone of USS 444 Tract A Lots A, B,
C, and D to I-Industrial (Exhibit C). Lot D had already been rezoned to I-Industrial
on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned
from I-Industrial to PL-Public Lands via Ordinance 83-30-0.
The Holy Resurrection Church has had a presence on Kodiak Island since the
1790’s and a church building has been standing on this same location since
before Alaska Statehood, before the Kodiak Island Borough, and predates any
zoning regulations. The original zoning district assigned to this parcel was Public
and may not have been the correct assignment in the first place, this again was
through no fault to the Church.
It would be prudent to assign a zoning district that allows for churches and is in
character with the existing zoning in this area. B-Business is the likely choice,
out of the three main uses in the area, I-Industrial, B-Business and PL-Public
Lands, B-Business is the one that allows churches, and would accommodate
the Church’s ambition to eliminate its non-conforming status and remain in
character with the surrounding land uses. There are also some R3 properties in
the area, churches are permitted in R3, but The Holy Resurrection Church
building would not conform to R3 requirements and would not be eligible for legal
conforming status in the R3 zoning district. Churches are a conditional use in
the B-Business district and The Holy Resurrection Church will need a conditional
use permit if rezoned to Business.
ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Arndt,
Delgado, Griffin, and Smiley (AYES); Turner (NO).
14.D. OTHER ITEMS
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1. Confirmation Of Mayoral Appointments To The Bay View Road Service Area
Board, Mr. Fred Roberts And Mr. Sean Rauwolf.
TURNER moved to confirm the mayoral appoints to the Bay View Road Service
Area Board of Mr. Fred Roberts and Mr. Sean Rauwolf for terms to expire
October 2024.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Turner, Arndt, and Delgado.
15. CITIZENS' COMMENTS
• Mike Milligan
16. ASSEMBLY MEMBER' COMMENTS
• Assembly member Delgado thanked staff for their work. He also commented on
missing streetlights on Mill Bay Road.
• Assembly member Griffin encouraged citizens to comment on the legislative
operating budget.
• Assembly member Turner commented on the potential loss of severance task
should Halibut fishery determinations be changed by the State.
• Assembly member Smiley had no comment.
17. ADJOURNMENT
DELGADO moved to adjourn the regular meeting.
VOICE VOTE ON THE MOTION CARRIED.
KODIAK ISLAND BOROUGH
ATTEST:
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
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KODIAK ISLAND BOROUGH
Assembly Regular Meeting
March 17, 2022
A regular meeting of the Kodiak Island Borough Assembly was held on March 17, 2022, in the
Borough Assembly Chambers. The meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Mayor Roberts led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Mayor Bill Roberts, Assembly members Scott Arndt, Jared Griffin, Scott
Smiley, and Aimee Williams.
Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz,
and Assistant Clerk Mitchell Davidson
moved to excuse Assembly members Delgado, Smith, and Turner who were absent due
to personal reasons.
VOICE VOTE ON MOTION CARRIED.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda.
ROLL CALL VOTE CARRIED UNANIMOUSLY: Arndt, Griffin, Smiley, and Williams.
6. APPROVAL OF MINUTES
None.
7. CITIZENS' COMMENTS
• Jeff Backlund
• Cort Neff
8. AWARDS AND PRESENTATIONS
None.
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Assembly Regular Meeting Minutes
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9. COMMITTEE REPORTS
None.
10. PUBLIC HEARING
A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section
3.35.030(A)(3) Regarding Required Tax Property Exemptions.
ARNDT moved to adopt Ordinance No. FY2022-12.
The language “Property used for religious purposes includes the residence of a
bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious
organization” is language from the 1962 version of the Alaska Statutes. This was
amended in 1972 and again in 1985 and 2006. Similarly, the sentence “Property
of any religious, educational or charitable organization from which the
organization derives any rentals or profits shall not be exempt” is from the 1962
version of the statutes. The current language in AS 29.45.030(b) provides
(significant changes highlighted in bold):
“(b) In (a) of this section, "property used exclusively for religious purposes"
includes the following property owned by a religious organization:
(1) the residence of an educator in a private religious or parochial school or a
bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious
organization; for purposes of this paragraph, "minister" means an individual who
is
(A) ordained, commissioned, or licensed as a minister according to standards of
the religious organization for its ministers; and
(B) employed by the religious organization to carry out a ministry of that religious
organization.
(2) a structure, its furniture, and its fixtures used solely for public worship,
charitable purposes, religious administrative offices, religious education, or a
nonprofit hospital.
(3) lots required by local ordinance for parking near a structure defined in (2) of
this subsection.”
The difference is relevant for a couple reasons. First, the state law now includes
private religious or parochial schoolteacher housing, which was added in 2006.
Second, the criteria to determine a minister is more detailed. For these two items
we can still look to state law on the theory that it preempts any inconsistent
application of our definition of minister, and mandates exemption of the teacher
residence. While we require some of this information (see KIBC
3.35.030(A)((3)(a)(vii), our language is not consistent regarding the
schoolteacher or revenues. It would be cleaner to be parallel with the statutes
on this issue.
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Mayor Roberts closed the regular meeting and opened the public hearing.
Hearing no comment, Mayor Roberts closed the public hearing and reopened
the regular meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Williams, and Arndt.
B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section
18.50.010 Regarding Fees For Permits.
ARNDT moved to adopt Ordinance No. FY2022-13.
In 2016 the Assembly passed, via Resolution, an update to the fee schedule for
leases to $1200.00. Unfortunately, Ordinance 18.050.101 was not updated, so
the Resolution is not really in effect. Amending 18.50.010 through Ordinance
FY2022-12 will ensure that lease fees will not be in jeopardy when they are
updated by Resolution going forward and lessens the chance this Ordinance of
being overlooked by staff and the need for duplicated actions by the assembly.
The documents for the 2016 update are included in your package.
Mayor Roberts closed the regular meeting and opened the public hearing.
Hearing no comment, Mayor Roberts closed the public hearing and reopened
the regular meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Williams, Arndt, and Griffin.
C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial
District To B-Business District (P&Z Case No. 22-009).
ARNDT moved to adopt Ordinance FY2022-15, the rezone of USS 444 TR A
Lot A Mission Road from I-Industrial District to B-Business District, as approved
by the Planning and Zoning Commission on February 16, 2022.
The Clerk's office mailed out 28 public hearing notices on March 9, 2022.
The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to
I-Industrial zoning district on August 2, 1970. The Orthodox Church in America
did not request a rezone and was not a party to the rezone request by the
Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot
B. This application for rezone coincided with a time that the Orthodox Church in
America was going through administrative changes and likely did not have
representation in Kodiak to make any objections to the rezone request.
The archived documents show that the original rezone request was for USS 444
Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970,
meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B).
The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads
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Tract “A” and consequently authorized a rezone of USS 444 Tract A Lots A, B,
C, and D to I-Industrial (Exhibit C). Lot D had already been rezoned to I-Industrial
on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned
from I-Industrial to PL-Public Lands via Ordinance 83-30-0.
The Holy Resurrection Church has had a presence on Kodiak Island since the
1790’s and a church building has been standing on this same location since
before Alaska Statehood, before the Kodiak Island Borough, and predates any
zoning regulations. The original zoning district assigned to this parcel was Public
and may not have been the correct assignment in the first place, this again was
through no fault to the Church.
It would be prudent to assign a zoning district that allows for churches and is in
character with the existing zoning in this area. B-Business is the likely choice,
out of the three main uses in the area, I-Industrial, B-Business and PL-Public
Lands, B-Business is the one that allows churches, and would accommodate
the Church’s ambition to eliminate its non-conforming status and remain in
character with the surrounding land uses. There are also some R3 properties in
the area, churches are permitted in R3, but The Holy Resurrection Church
building would not conform to R3 requirements and would not be eligible for legal
conforming status in the R3 zoning district. Churches are a conditional use in
the B-Business district and The Holy Resurrection Church will need a conditional
use permit if rezoned to Business.
Mayor Roberts closed the regular meeting and opened the public hearing.
Hearing no comment, Mayor Roberts closed the public hearing and reopened
the regular meeting.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams,
Arndt, Griffin, and Smiley.
11. BOROUGH MANAGER'S REPORT
The Borough Manager reported on the following:
• Opioid Settlement
• Upcoming infrastructure opportunities at the Borough and Federal funding
• Air quality/burn procedures
• Compensation study update
• MOU with Kodiak College
• Meeting with Senator Stevens and Speaker Stutes
12. MESSAGES FROM THE BOROUGH MAYOR
Mayor Roberts reported on the following:
• Upcoming EOC-ESC meeting responding to lower Covid-19 counts
• Meeting with Senator Stevens and Speaker Stutes about state funding to local
governments
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
AGENDA ITEM #6.A.
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Kodiak Island Borough
March 17, 2022
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Page 5 of 8
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With
The City Of Kodiak For Portland Loo Project Development.
ARNDT moved to Authorize the Borough Manager to sign Contract No. FY2022-
35 Harbor Infrastructure Memorandum of Agreement for Portland Loo Project
Development with the City of Kodiak.
Following prior Kodiak Island Borough Work Sessions discussions regarding this
topic, the Memorandum of Agreement is presented for consideration of allowing
the Borough Manager to sign and authorize the agreement for the development
and management of Portland Loo modular restrooms with the sole responsibility
of the Borough in contributing $153,000 in Commercial Passenger Vessel
Excise Tax funding. The City of Kodiak will then complete the project of properly
installing the Portland Loo restrooms, and owning, operating and maintaining
Portland Loo restrooms after the installation project is complete.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin,
Smiley, and Williams.
14.B. RESOLUTIONS
1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the
Required Documentation with the United States Department of Agriculture
(USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of
$4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the
Design Engineering, Construction Administration, Construction and
Contingency for both the Stage 3 Closure Project and the Leachate
Pretreatment Facility Addition Project.
ARNDT moved to Approve Resolution No. FY2022-24.
The Kodiak Island Borough (KIB) has applied and worked with the Staff of the
USDA in Alaska for a grant and/or loan for the design, construction
administration, predevelopment site work, construction and contingency for two
projects, the Stage 3 Closure and the Leachate Pretreatment Construction
Facility Addition. These two projects have been researched, designed and
approved by the Alaska Department of Environmental Conservation (ADEC) in
an effort to comply with the Compliance Order By Consent (COBC) requirements
to correct deviations and infractions from the requirements of the operating
permits at the Kodiak Island Borough Landfill. Both projects have been approved
for construction by the ADEC.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIOUSLY: Griffin, Smiley,
Williams, and Arndt.
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Page 6 of 8
2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear
Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In
Brown Bear Country.
ARNDT moved to approve Resolution FY2022-26 Authorizing Acceptance of A
Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging
And Education In Brown Bear Country.
The Kodiak Island Borough Solid Waste Advisory Board in conjunction with the
Engineering and Facilities Staff prepared and submitted a grant request for
$1000.00 to be utilized for public education and awareness of best practices
associated with living and interaction with brown bears and proper disposal of
solid waste. The Kodiak Brown Bear Trust has decided to award this small grant
to the SWAB for this.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Williams, Arndt, and Griffin.
14.C. ORDINANCES FOR INTRODUCTION
None.
14.D. OTHER ITEMS
1. Confirmation Of The Mayoral Appointment To The Prince William Sound
Regional Citizens Advisory Council, Ms. Rebecca Skinner.
ARNDT moved to confirm the mayoral appointment of Ms. Rebecca Skinner to
the Prince William Sound Regional Citizen's Advisory Council Board
(PWSRCAC) of Directors for a two-year term to expire May 2024.
The PWSRCAC advised the Borough that Ms. Skinner's term on the Board of
Directors will be expiring at the upcoming May 5-6, 2022, annual meeting in
Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to
influence decisions having profound implications for oil transportation safety in
Alaska, and for the state's oil spill prevention and response capabilities.
• The Kodiak Island Borough would best be served by a representative who:
• Understands her/his organization and/or community, its needs, concerns,
and perspectives.
• Has at least a rudimentary familiarity with oil transportation issues.
• Has a home and work schedule flexible enough to allow participation and
travel.
• Is committed to our mission of promoting environmentally safe operation of
the Alyeska terminal and associated tankers; and
• Seeks opportunities to foster cooperative and constructive relationships
between citizens, industry, and regulatory agencies.
A PWSRCAC director can expect to devote an average of 20 hours a month on
PWSRCAC business. The full Board conducts three in-person 2-day meetings
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Page 7 of 8
in January, May, and September. In addition, annual budget and planning
meetings are held, as well as special meetings and opportunities to participate
in committees or work groups. PWSRCAC staff provides support to board
members whenever possible.
Ms. Rebecca Skinner has served for four years and has notified the Clerk's office
that she is interested in seeking re-appointment.
ROLL CALL VOTE ON THE MOTION FAILED TWO TO TWO: Griffin and Smiley
(AYES); Williams and Arndt (NOES).
2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large
Seat, Mr. Cort Neff.
ARNDT moved to confirm the mayoral appointment of Mr. Cort Neff to an at
large seat on the Consolidation Committee.
On February 22, 2022, the Clerk's office received Mr. Neff's application for the
Consolidation Committee at large seat.
Ms. Neff currently resides at 3746 Otmeloi Way, this qualifies him for the
consolidation at large seat. He has resided in the Borough for 42 years.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin,
Smiley, and Williams.
3. Borough Property Leasing Procedure.
Clerk’s Note: Discussion item, no action was taken on this item.
15. CITIZENS' COMMENTS
• Cort Neff
16. ASSEMBLY MEMBER' COMMENTS
• Assembly member Arndt commented on the burning on Seabreeze circle and
the Interim Clerk contract.
• Assembly member Griffin thanked staff for their work in developing policies.
• Assembly member Smiley commented on the lengthy winter.
• Assembly member Williams commented on Senator Murkowski’s allocation of
federal funding and also commented on emergency declarations in Kodiak.
17. ADJOURNMENT
Mayor Roberts adjourned the meeting at 7:48 p.m.
KODIAK ISLAND BOROUGH
ATTEST:
AGENDA ITEM #6.A.
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Kodiak Island Borough
March 17, 2022
Assembly Regular Meeting Minutes
Page 8 of 8
William Roberts, Mayor
Lina Cruz, Acting Borough Clerk
AGENDA ITEM #6.A.
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Kodiak Island Borough
April 7, 2022
Assembly Regular Meeting Minutes
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
April 7, 2022
A regular meeting of the Kodiak Island Borough Assembly was held on April 7, 2022, in the
Borough Assembly Chambers. The meeting was called to order at 6:30 p.m.
1. INVOCATION
The invocation was given by Major Dave Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Deputy Presiding Officer Aimee Williams led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey
Smith, Scott Smiley, James Turner, and Aimee Williams.
Also present were Borough Manager Roxanne Murphy, Borough Clerk Nova Javier, and
Deputy Clerk Lina Cruz.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. APPROVAL OF MINUTES
7. CITIZENS' COMMENTS
None.
8. AWARDS AND PRESENTATIONS
None.
9. COMMITTEE REPORTS
None.
10. PUBLIC HEARING
None.
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11. BOROUGH MANAGER'S REPORT
The Borough Manager reported on the following:
• The mental health buildings Process for advertising will begin on April 8 for
environmental assessment. Bids will be due on April 26 and information will
readily be available on Borough website. Will continue working on website and
application regarding leasing.
• Met with hospital and Kodiak Community Health Center leaders to discuss
concerns regarding their building’s needs.
• Had a surprise visit from OSHA for voluntary compliance. They suggested
evaluating positions and safety issues to customize trainings and make safety a
priority.
• Mural request from the school district has been delayed.
• Preparing directors for budget presentations.
• Still working on Kodiak College Memorandum of Agreement.
• Inviting Mr. Heartgraves for village schools that had been shut down.
• Keeping an eye on opioid funding.
• Grateful to have Clerk Javier back.
12. MESSAGES FROM THE BOROUGH MAYOR
DPO Williams reported on the following:
• Welcomed Nova back to the Clerk’s office.
• Thanked Major Dave Davis for showing up at every Assembly Regular Meeting
to give invocation.
• Happy to see Manager representing the Borough at Kodiak Chamber of
Commerce meeting.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINES
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
1. Contract No. FY2022-34 Auditing Services For The Kodiak Island Borough And
The Kodiak Island Borough School District For Fiscal Years 2022-2026.
ARNDT moved to authorize the Borough Manager to execute Contract No.
FY2022-34 Auditing Services with Altman, Rogers and Co., for the Kodiak Island
Borough and the Kodiak Island Borough School District for Fiscal Years 2022-
2026 provided there are no timely protests received.
This contract is for audit services for both the Kodiak Island Borough and for its
component unit, the Kodiak Island Borough School District. It consists of an
initial one-year term for FY2022 and two, two-year extensions for a total of 5
years.
A Request for Proposal (RFP) was issued March 9, 2022, and two bids were
received by the April 30th, 3pm submission date. Submissions were opened and
reviewed by two Borough and two School District representatives. Staff has
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determined that Altman, Rogers & Co.'s bid is responsive and is recommending
award of the contract to them.
Copies of the evaluations will be distributed to the Assembly at the March 31,
2022, work session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado,
Griffin, Smiley, Smith, Turner, and Williams.
14.B. Resolutions
1. Resolution No. FY2022-25 Approving Certain Unincorporated Communities And
Their Respective Native Village Council For Participation In The FY2023
Community Assistance Program.
ARNDT moved to approve Resolution No. FY2022-25.
This resolution identifies the Native Village of Karluk, and their respective Karluk
IRA Tribal Council, as an unincorporated community of the Kodiak Island
Borough, this resolution also determines they meet the Community Assistance
Program eligibility criteria established under AS 29.60.865, AS 29-60-879, and
3 AAC 180.010.
The Assembly is certifying two state program criteria are being met; a minimum
population of 25, and that at least three services are provided to residents.
Certification that those criteria have been met are in the form of:
• An email from the Department of Commerce, Community, and Economic
Development (DCCED) stating that they have determined the population
of The Native Village of Karluk at 26 residents, and
• A signed Requirement and Certification Application from the Karluk IRA
Tribal Council indicating they provide three of the seven identified
services.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin,
Smiley, Smith, Turner, Williams, and Arndt.
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance FY2022-14, Amending Kodiak Island Borough Code Section
17.145.070 Regarding Communication Tower Approval Criteria.
ARNDT moved to advance Ordinance FY2022-14 to public hearing at the next
regular meeting of the Assembly on April 21, 2022.
The P&Z Commission hears cases monthly. Per KIBC 17-15-050, Approval by
planning and zoning commission, the commission shall make its findings within
90 days after the date of the next available meeting agenda deadline. KIBC 17-
145 Communication Towers and other tall structures, only gives 60 days for CDD
to prepare its finding to take to the Commission. KIBC 145, attached below
states that there are a lot of conditions and paperwork that must be supplied to
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the Commission. The Planning and Zoning Commission approved the following
updates on KIBC 17.145 and is asking for the Assembly to approve the changes
so that KIBC 17.145.070 will follow and be made similar to all other zoning cases
that may go before the Commission.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Smiley,
Smith, Turner, Williams, Arndt, and Delgado.
2. Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund
ARNDT moved to advance Ordinance FY2022-16 to public hearing at the next
regular meeting of the Assembly on April 21, 2022.
A broad coalition of states and subdivisions have now reached final agreements
with several manufacturers and distributors of prescription opioids. These
agreements resolve legal claims against those companies stemming from
actions that fueled the opioid addiction epidemic. The states involved have
reached a tentative settlement with the Settling Companies for about 26 billion
dollars to be paid over 18 years. The State’s share is about $49 million, and
municipalities would be entitled to approximately 15% of the amount the state
receives. The Borough’s share is around $10,000 a year for the next 10-18
years.
The assembly approved participation in the agreement along with the terms of
the settlement negotiated by the State of Alaska with Resolution FY2022-10.
Since the terms of the settlement restrict expenditures of the settlement funds to
certain purposes, as well as the long-term nature of the settlement distribution,
staff believes it is in the Borough's best interest to create a separate special
revenue fund to account for the money and future reporting requirements.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Smith,
Turner, Williams, Arndt, Delgado, and Griffin.
14.D. OTHER ITEMS
1. Confirmation Of The Mayoral Appointment To The Prince William Sound
Regional Citizens Advisory Council.
ARNDT moved to confirm the mayoral appointment of Ms. Aimee Williams to the
Prince William Sound Regional Citizen's Advisory Council Board (PWSRCAC)
of Directors for a two-year term to expire May 2024.
The Kodiak Island Borough would be best served by a representative who:
• Understands her/his organization and/or community, its needs,
concerns, and perspectives.
• Has at least a rudimentary familiarity with oil transportation issues.
• Has a home and work schedule flexible enough to allow participation and
travel.
AGENDA ITEM #6.A.
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• Is committed to our mission of promoting environmentally safe operation
of the Alyeska terminal and associated tankers; and
• Seeks opportunities to foster cooperative and constructive relationships
between citizens, industry, and regulatory agencies.
A PWSRCAC director can expect to devote an average of 20 hours a month on
PWSRCAC business. The full Board conducts three in-person 2-day meetings
in January, May, and September. In addition, annual budget and planning
meetings are held, as well as special meetings and opportunities to participate
in committees or work groups. PWSRCAC staff provides support to board
members whenever possible.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner,
Williams, Arndt, Delgado, Griffin, and Smiley.
2. Confirmation Of Mayoral Appointment To The Parks and Recreation Committee,
Mr. Benjamin Vincent.
ARNDT moved to confirm the mayoral appointment of Mr. Benjamin Vincent to
the Parks and Recreation Committee seat for a term to expire December 2024.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams,
Arndt, Delgado, Griffin, Smiley, Smith, and Turner.
15. CITIZENS' COMMENTS
• Seema Garoutte
• Dora Cross
16. ASSEMBLY MEMBER' COMMENTS
• Assembly Member Smith had no comment.
• Assembly Member Smiley had no comment.
• Assembly Member Arndt had no comment.
• Assembly Member Griffin commented on the Kodiak College Memorandum of
Agreement and avalanche dangers.
• Assembly Member Delgado welcomed back Clerk Javier.
• Assembly Member Turner had no comment.
• Assembly Member Williams thanked the Chamber of Commerce community and
staff for all their hard work putting together COMFISH.
17. ADJOURNMENT
ARNDT moved to adjourn the meeting at 6:56 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
ATTEST:
AGENDA ITEM #6.A.
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Kodiak Island Borough
April 7, 2022
Assembly Regular Meeting Minutes
William Roberts, Mayor
Nova M. Javier, MMC, Borough Clerk
AGENDA ITEM #6.A.
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KODIAK ISLAND BOROUGH
STAFF REPORT
APRIL 21, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section
17.145.070 Regarding Communication Tower Approval Criteria
ORIGINATOR: Community Development Director, CDD
RECOMMENDATION:
Move to adopt Ordinance No. FY2022-14.
DISCUSSION:
This ordinance is presented before the Assembly to bring changes to KIB 17.145.070 Approval
Criteria pertaining to communication towers and other tall structures.
The P&Z Commission hears cases monthly. Per KIBC 17.15.050, Approval by planning and
zoning commission, the commission shall make its findings within 90 days after the date of the
next available meeting agenda deadline. However, KIBC 17.145.070, Communication Towers
and other tall structures only gives 60 days for CDD to prepare its findings to take to the
Commission.
KIBC 17.145, attached, shows there are numerous conditions that must be met and additional
technical paperwork that must be supplied to the Commission. The P&Z Commission approved
the following updates on KIBC 17.145 and is asking for the Assembly to approve the changes
so that KIBC 17.145.070 will follow and be similar to all other zoning cases that may go before
the Commission.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #10.A.
Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 58 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-14
Page 1
1 Introduced by: Community Development Department thru the Mayor
2 Drafted by: Community Development Director
3 Introduced on: 04/07/2022
4 Public Hearing Date:04/21/2022
5 Adopted on:
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2022-14
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
10 KODIAK ISLAND BOROUGH CODE SECTION 17.145.070 REGARDING THE
11 COMMUNICATION TOWER APPROVAL CRITERIA
12
13 WHEREAS, on March 23, 2018, the Assembly adopted Ordinance No. FY 2018-17 adding
14 communication towers as a conditional use in eleven zoning districts and setting out application
15 requirements and approval criteria which supplement the default approval criteria for conditional
16 use permits in KIBC 17.200.050; and
17
18 WHEREAS, when Ordinance No. FY2018-17 adopted Kodiak Island Borough Code (KIBC)
19 17.145.070, it was silent on the requirement for a public hearing and established a sixty (60) day
20 time limit from application to Planning Commission decision on a conditional use permit
21 application for a communications tower; and
22
23 WHEREAS,all conditional use permit applications under KIBC 17.200 are subject to a ninety
24 (90) day review period and public hearing; and
25
26 WHEREAS, the Assembly finds that the risk of confusion is reduced, and the public interest
27 served, by resolving inconsistencies for action on conditional use permit applications; and
28
29 WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendment
30 pursuant to KIBC 17.205.020 and has recommended approval of the amendment.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
33 BOROUGH that:
34
35 Section 1: Classification. Section 2 of this ordinance is of a general and permanent nature
36 and shall become a part of the Code of Ordinances of the Kodiak Island
37 Borough. The remainder shall not be codified.
38
39 Section 2:Kodiak Island Borough Code section 17.145.070, Approval Criteria, is amended
40 to read as follows:
41
42 17.145.070 Approval Criteria Approval Process and Criteria
43
44
45
AGENDA ITEM #10.A.
Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 59 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-14
Page 2
46 Except as modified by this chapter, conditional use permits for communication towers will be
47 processed following the procedures for all conditional use permits set out in KIBC Chapter
48 17.200. The commission shall hold a public hearing on each properly submitted application for a
49 communication tower or other tall structure permit within 90 days after the date of the next
50 available meeting agenda deadline. The community development department shall give notice
51 of the hearing in the same manner prescribed for variances in KIBC 17.195.040. Within 60 days
52 from application, the planning and zoning commission shall approve, approve with conditions or
53 deny a permit under this section after considering all of the following criteria. After the public
54 hearing, the commission shall render its decision, unless such time limit has been extended by
55 common consent and agreement of the applicant and the commission. In addition to the criteria
56 in KIBC 17.200.050, the commission shall consider the following criteria specific to
57 communication towers:
58 A. Location and Visual Impact. The proposed communications tower, antenna or accessory
59 structure will be placed in a reasonably available location which will minimize the visual impact
60 on the surrounding area and allow the facility to function in accordance with minimum standards
61 imposed by the applicable communications regulations and applicant’s technical design
62 requirements. Conditions may be imposed, including camouflage, screening, vegetative buffers
63 and/or site requirements, to ensure this criteria is met.
64 B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed
65 antenna and equipment cannot be accommodated and function as required by applicable
66 regulations and applicant’s technical requirements without unreasonable modifications on any
67 existing structure or communications tower.
68 C. Necessity for Location in a Residential Neighborhood. A permit should not be issued in a
69 residential neighborhood unless the area cannot be adequately served by a facility placed in a
70 nonresidential area for valid technical reasons. Conditions may be imposed to lessen the impact
71 of a communications tower on a residential neighborhood, including limitations on times for
72 maintenance work to be performed, number of vehicles present, yard maintenance, and similar
73 requirements.
74 D. Design for Future Use. A new tower must be designed to accommodate additional antennas
75 equal in number to the applicant’s present and reasonably foreseeable future requirements.
76 E. Collocation. A permit shall be conditioned to require the applicant to make the tower
77 available for use by as many other licensed carriers as can be technically collocated thereon
78 when the use will not result in substantial injury to the owner, or in substantial detriment to the
79 service to the customers of the owners. All licensed carriers shall cooperate with each other in
80 collocating additional facilities upon such towers. All licensed carriers shall exercise good faith in
81 collocating with other licensed carriers and in the sharing of towers, including the sharing of
82 technical information to evaluate the feasibility of collocation.
83 F. Illumination. A communications tower may not be illuminated unless otherwise required by
84 state or federal law or regulations or unless evidence has been presented that lighting is
85 necessary to ensure the safety of the public. To prevent direct light reflection on other property,
86 tower structure lighting shall be shielded to the extent permitted by the Federal Aviation
87 Administration.
88 G. Distance from Existing Tower. A permit for a proposed tower within 1,000 feet of an existing
89 tower shall not be issued unless the applicant certifies that the existing tower does not meet the
AGENDA ITEM #10.A.
Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 60 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-14
Page 3
90 applicant’s structural specifications and the applicant’s technical design requirements, or that a
91 collocation agreement could not be obtained.
92 H. Yard Area Requirements. Yards shall be a distance equal to at least 50 percent of the height
93 of the tower from a lot line. The planning and zoning commission may modify this requirement if
94 the tower and equipment will be adequately screened to mitigate its visual impact and no safety
95 hazards are presented.
96 I. Height. The permitted height of a proposed tower shall be no higher than technically required
97 to satisfy the specific purpose of the tower and will consider the impact on the surrounding uses.
98 J. Zoning District Standards. Nothing in this section alters the requirements for visibility,
99 fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, or
100 other general zoning district regulations, except yard and height requirements, of any specific
101 zone. Yard and height requirements in this section shall apply.
102 K. Design Drawings and Specifications. A permit shall be conditioned to require the applicant to
103 submit design drawings and specifications stamped by a registered professional in the state of
104 Alaska certifying compliance with the building code of the authority having jurisdiction.
105 L. Compliance with Other Laws. A proposed tower must comply with all local, state, and federal
106 laws.
107 M. A report from a structural engineer registered in the state of Alaska showing that the tower
108 will contain only equipment meeting FCC rules, the tower antenna capacity by type and number,
109 and a certification that the tower is designed to withstand winds in accordance with
110 ANSI/EIA/TIA 222 (latest revision) standards.
111 Effective Date: This ordinance takes effect at midnight on the day of adoption of this ordinance.
112
113 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
114 THIS ___ DAY OF , 2022.
115
116 KODIAK ISLAND BOROUGH
117
118 ATTEST:
119 ___________________________
120 William Roberts, Mayor ______________________________
121 Nova M. Javier, MMC, Borough Clerk
122
123 VOTES:
124 Ayes:
125 Noes:
AGENDA ITEM #10.A.
Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 61 of 117
When it is stated in this thatusesarepermittedsubjecttoapprovalbythecommission,anapplicationfor
consideration shall be tothecommunitydevelopmentdepartmentwithasiteplan.Thecommission
shall make its findings 90daysafterthedateofthenextavailablemeetingagendadeadline,unlesssuch
time limit has been ext
end
ed
bycommonconsentandagreementoftheapplicantandthecommission,andnotify
the applicant,in writing
,
o
f
thedecision
.
Ifdenied,thecommissionshallstatethereasonsfordenialandthe
avenues of appeal avail
able
totheapplicant.[Ord.FY2018-14§2,2018;0rd.81-54-O§1,1981;priorcodeCh.5
subch.2 §17.Formerly
Discl
aimer
:
Theboroughclerk'sofficehastheofficialversionoftheKodiakIslandBoroughCode.Usersshould
contac
t
th
e
borou
gh
clerk'sofficeforordinancespassedsubsequenttotheordinancecitedabove.
Note:sitedoesnotsupportInternetExplorer.Toviewthissite,CodePublishingCompanyrecommendsusing
one o
f
t
h
e
follo
wing
browsers:GoogleChrome,Firefox,orSafari.
T
he
K
od
ia
k
IslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.
A
p
pr
o
v
al
byplanningandzoningcommission.
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.17
.
15
.
05
0
Approv
al
byplanningandzoningcommission|KodiakIslandBoroughCodePage1of1B
or
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h
Teleph
one:
(907)486-9300
AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 62 of 117
1.An application for compli
ance
willbefiledwiththecommunitydevelopmentdepartmentona
form provided by the d
e
p
a
r
t
Iftheapplicationmeetstherequirementsofthistitle,asverifiedinthe
department,and other regulations,apermitwillbeissued.Anas-builtofthepropertymaybe
required to ensure that requirement
s
canbemet,whenexistingstructuresarelocatedonthe
property.Any zoning c
o
permitissuedissubjecttothesameexpiration,suspension,andrevocation
provisions as a buildin
g
issuedforthesameconstructionprojectpercurrentlyadoptedbuildingcode
(KIBC ).
2.No building shallbeissuedbyabuildingofficialuntilthecommunitydevelopmentdepartmenthas
verified from theforzoningcomplianceforaproposedbuildingthatitconformsandwillbe
occupied for a u
s
e
inconf
ormit
y
withtheprovisionsandregulationsofthistitle,exceptthatthisprovision
shall not apply t
o
b
u
il
d
i
n
g
permitsforresidentialstructureswhennoyardorheightchangesareinvolved.Any
building permit inconflictwiththistitleisnullandvoid.
B.A zoning permitisrequiredforanystructure,regardlessoftypeoffoundationorbasesupport,
including ski
d-
mo
unt
ed
orothermovablestructurethatalsorequiresabuildingpermit.Minorstructural
development
s
le
ss
than200squarefeetthatdonotrequireabuildingpermitarenotrequiredtoobtainazoning
compliance
C.A zo
nin
g
com
plia
nce
permitisrequiredforanychangeofuseinastructure.[Ord.FY2021-19§2,2020;0rd.
FY2018-
19
§
2,
2018;0rd.93-64§7,1993;0rd.92-17§3,1992;0rd.92-04§2,1992;0rd.85-11-O§1;Ord.83-42-O
§1,1983;81-54
-O
§1,1981;priorcodeCh.5subch.2§18.Formerly§17.03.060].
A.A zo
nin
g
com
plia
nce
permitisrequiredforsitegrading(excavationandfill),erection,construction,demolition,
establish
ment,
movin
g,
alteration,enlargement,repair,orconversionofanybuildingorstructureinanydistrict
establish
ed
bythistitle,subjecttothefollowing:
Discl
aimer
:
Theboroughclerk'sofficehastheofficialversionoftheKodiakIslandBoroughCode.Usersshould
contac
t
th
e
borou
gh
clerk'sofficeforordinancespassedsubsequenttotheordinancecitedabove.
Note:sitedoesnotsupportInternetExplorer.Toviewthissite,CodePublishingCompanyrecommendsusing
one o
f
t
h
e
follo
wing
browsers:GoogleChrome,Firefox,orSafari.
T
h
e
K
od
ia
k
IslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.17
.
15
.
06
0
Zoningcompliance|KodiakIslandBoroughCodePage1of1
Z
o
ni
n
g
comp
lianc
e.
B
or
ou
gh
Teleph
one:
(907)486-930030L1:'AAAAA.00.-..-..1
7.
1
5.1
5.
0
5.AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 63 of 117
B.Deni
al.
Ifthecommis
sion
finds,afterconsiderationofstaff'sreportandreceiptoftestimonyatthepublic
hearing,t itcannotmakealloftherequiredfindingsinsubsectionofthissectionitshalldenytheconditional
use perm
it.
[
Or
d.
FY2018-
14
§2,2018;0rd.81-31-O§2,1981.Formerly§17.67.050].
A.Appr
oval.
Ifitisthefindingofthecommission,afterconsiderationofstaff'sreportandreceiptoftestimonyat
the publi
c
h
e
a
r
i
n
g
,
thattheuseproposedintheapplication,orunderappropriateconditionsorrestrictions,meets
all of the theconditionalusepermitshallbegranted:
Discl
aimer
:
Theboroughclerk'sofficehastheofficialversionoftheKodiakIslandBoroughCode.Usersshould
contac
t
th
e
borou
gh
clerk'sofficeforordinancespassedsubsequenttotheordinancecitedabove.
After pub
lic
hearingdescribedinKIBC,thecommissionshallrenderitsdecision,unlesssuchtime
limit bee
n
extendedbycommonconsentandagreementoftheapplicantandthecommission.
Note:sitedoesnotsupportInternetExplorer.Toviewthissite,CodePublishingCompanyrecommendsusing
one o
f
t
h
e
follo
wing
browsers:GoogleChrome,Firefox,orSafari.5.I
f
per
mit
isforapublicuseorstructure,thecommissionmustfindthattheproposeduseorstructure
is loc
ate
d
inamannerwhichwillmaximizepublicbenefits.
T
he
K
od
ia
k
IslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.
4.T
h
a
t
thesufficie
nt
setbacks,lotarea,buffersorothersafeguardsarebeingprovidedtomeetthe
condi
tions
listedinsubsectionsthroughofthissection;
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.
3.gra
ntin
g
theconditionalusepermitwillnotbeharmfultothepublichealth,safety,convenienceand
comf
ort;
2.T
h
a
t
theconditi
onal
usefulfillsallotherrequirementsofthischapterpertainingtotheconditionalusein
questi
on;
17
.
20
0.
05
O
Approva
l
ordenial|KodiakIslandBoroughCodePage1of1
T
ha
t
th
e
conditi
onal
usewillpreservethevalue,spirit,characterandintegrityofthesurroundingarea;
A
p
pr
o
v
al
ordenial.
B
or
o
u
g
h
Teleph
one:
(907)486-9300 1
7.
2
0
0.
1
7.
2
0
0.
(A
)
)AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 64 of 117
It is recognized t ther
e
arelanduseswhicharegenerallyconsideredappropriateincertainzoningdistricts;
provided,that c
o
n
tr
o
ls
andsafeguardsareappliedtoensuretheircompatibilitywithpermittedprincipaluses.The
conditional use proced
ure
isintendedtoallowconsiderationoftheimpactoftheproposedconditionaluse
on surrounding andtheapplicationofcontrolsandsafeguardstoassurethattheconditionalusewillbe
compatible with surr
oun
din
g
area.[Ord.FY2018-14§2,2018;0rd.81-31-0§2,1981.Formerly§17.67.010].
17.200.010
17.200.020
17.200.030
1 .200.040
17.200.050
17.200.060
1 .200.07O
17.200.080
17.200.100
Intent.
Applicationandfee.
Siteplan.
Publichearingandnotice.
Approvalordenial.
Conditions.
Repealed.
Cancellation.
Staypendingappeal.
A detaileds
it
e
planshowingtheproposedlocationofallbuildingsandstructuresonthesite,accesspoints,
drainage,andpedestriancirculationpatterns,parkingareas,andthespecificlocationoftheuseoruses
to be ma
de
ofthedevelop
ment
shallbesubmittedwiththeapplication,togetherwithotherinformationasmay
B.An a
p
p
li
c
at
i
o
n
foraconditionaluseshallbefiledwiththedepartmentonaformprovided.Theapplicationfor
a conditi
onal
usepermitshallbeaccompaniedbytherequiredfeeandsiteplan.[Ord.FY2018-14§2,2018;0rd.
92-12 §10,1
9
9
2
;
0rd.81-31-0§2,1981.Formerly§17.67.020].
A.a
p
p
li
c
at
i
o
n
tothecommunitydevelopmentdepartmentforaconditionaluseormodificationofanexisting
condi
tional
usemaybeinitiatedbyapropertyownerorhisauthorizedagent.
17.200
CON
DITI
ONA
L
USEPERMITS
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021.Ch
.
Conditio
nal
UsePermits|KodiakIslandBoroughCodePage1of3
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AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 65 of 117
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The commiss
ion
shal
l
holdapublichearingoneachproperlysubmittedapplicationforaconditionalusepermit
within 90 da
ys
af
te
r
thedateofthenextavailablemeetingagendadeadline.Thecommunitydevelopment
department givenoticeofthehearinginthesamemannerprescribedforvariancesinKIBC.[Ord.
FY2018-14 §
2,
2
0
1
8
;
0rd.2004-07§5;0rd.81-31-O§2,1981.Formerly§17.67.040].
In recom
mendi
ng
thegrantingofaconditionaluse,thecommissionshallcondition,inwriting,requirementswhich
it finds n
e
c
e
ss
ar
y
tocarryouttheintentofthischapter.Theseconditionsmayincreasetherequiredlotoryard
size,cont
rol
thelocatio
n
andnumberofvehicularaccesspointstotheproperty,requirescreeningand
B.Deni
al.
Ifthecommis
sion
finds,afterconsiderationofstaff'sreportandreceiptoftestimonyatthepublic
hearing,t itcannotmakealloftherequiredfindingsinsubsectionofthissectionitshalldenytheconditional
use perm
it.
[
Or
d.
FY2018-
14
§2,2018;0rd.81-31-O§2,1981.Formerly§17.67.050].
A.Appr
oval.
Ifitisthefindingofthecommission,afterconsiderationofstaff'sreportandreceiptoftestimonyat
the publi
c
h
e
a
r
i
n
g
,
thattheuseproposedintheapplication,orunderappropriateconditionsorrestrictions,meets
all of the theconditionalusepermitshallbegranted:
After pub
lic
hearingdescribedinKIBC,thecommissionshallrenderitsdecision,unlesssuchtime
limit bee
n
extendedbycommonconsentandagreementoftheapplicantandthecommission.
be re
qu
ire
d
tocomplywiththestandardsforaconditionaluselistedinthischapterandinotherpertinent
sectio
ns
ofthischapter.[Ord.FY2018-14§2,2018;0rd.81-31-O§2,1981.Formeriy§17.67.030].5.lf
t
h
e
per
mit
isforapublicuseorstructure,thecommissionmustfindthattheproposeduseorstructure
is loc
ate
d
inamannerwhichwillmaximizepublicbenefits.
4.thesufficie
nt
setbacks,lotarea,buffersorothersafeguardsarebeingprovidedtomeetthe
condi
tions
listedinsubsectionsthroughofthissection;
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.
2.T
h
a
t
theconditi
onal
usefulfillsallotherrequirementsofthischapterpertainingtotheconditionalusein
questi
on;
3.gra
ntin
g
theconditionalusepermitwillnotbeharmfultothepublichealth,safety,convenienceand
comf
ort;
Ch
.
Conditio
nal
UsePermits|KodiakIslandBoroughCodePage2of3
T
ha
t
th
e
conditi
onal
usewillpreservethevalue,spirit,characterandintegrityofthesurroundingarea;
P
u
bl
ic
heari
ng
andnotice.A
p
pr
o
va
l
ordenial.C
o
n
d
it
1
7.
2
0
0.
17
.
20
0.
04
1
7.
1
9
5.
(A
)
)AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 66 of 117
landscaping necess
ary
toreducenoiseandglare,andmaintainthepropertyinacharacterinkeepingwith
the surround
ing
area
;
ormayimposeotherconditionsandsafeguardsdesignedtoensurethecompatibilityofthe
conditional wit
h
otherusesinthedistrict.[Ord.FY2018-14§2,2018;0rd.81-31-O§2,1981.Formerly
§17.67.060].
The commiss
ion's
actionmaybeappealedtotheassemblybyanypartyentitledtoappealthedecisionunderKIBC
.ofappealisforfeitedunlesstheappealspecifyingthegroundsthereofisfiledinwritingwiththe
cle
rk
w
it
h
i
n
20daysofthecommission'sdecision.[Ord.FY2018-14§2,2018;0rd.81-31-O§2,1981.
ly §17
.67.
080
].
Discl
aimer
:
Theboroughclerk'sofficehastheofficialversionoftheKodiakIslandBoroughCode.Usersshould
contactth
e
borou
gh
clerk'sofficeforordinancespassedsubsequenttotheordinancecitedabove.
Failur
e
t
o
utili
ze
anapprovedconditionalusepermitwithin24monthsafterthecommission'sgrantingofthe
condi
tional
usepermitshallcauseitscancellation.[Ord.FY2018-14§2,2018].
Note:sitedoesnotsupportInternetExplorer.Toviewthissite,CodePublishingCompanyrecommendsusing
one o
f
tfollo
wing
browsers:GoogleChrome,Firefox,orSafari.
An ap
pe
al
fromadecisiongrantingaconditionalusepermitstaysthedecisionappealedfromuntilthereisafinal
decisi
on
ontheappeal.[Ord.FY2018-14§2,2018].
T
he
K
od
ia
k
IslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021.TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021.
A
ct
io
n
byplanningandzoningcommission.
Ch
.
Conditio
nal
UsePermits|KodiakIslandBoroughCodePage3of3
St
ay
pe
nd
in
g
appeal.C
a
n
c
el
la
B
or
o
u
g
h
Teleph
one:
(907)486-9300 11 1
7
.
2
0
1
7
.
2
0
O0
A
P
P
ea
O
rd
.
F
Y
20
78
-
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ughForm
er
1
7.
2
2
5.
R
e
p
ea
by
AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 67 of 117
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17.1 45.01 0
17.1 45.020
17.145.030
17.145.040
17.1 45.050
17.1 45.060
17.145.070
Height li
mi
tat
io
ns
.
Airport h
ei
g
ht
limit
ation
s.Commerci
al
useofcommunic
ations
towers.
Exemptio
ns.Communi
cations
towersasconditionaluses.
Applicatio
n
re
qu
ire
m
en
ts.
Approval
The height l
i
containedinthistitledonotapplytospires,belfries,cupolas,chimneys,antennas,water
tanks,ventil
ators,
elevat
or
housing,orothersimilarstructuresplacedabovetherooflevelwhicharerequiredfor
the operatio
n
a
n
d
mainte
nance
ofabuilding.[Ord.FY2018-17§2,2018;0rd.83-71-O§1,1983.Formerly
§17.39.010].
B.For a
l
l
la
n
d
s
contigu
ous
tooradjoiningLillyLakeandtheKodiakMunicipalAirport,nostructuresor
equipmen
t
m
ay
belocatedinsuchamannerthatanyportionofastructureorpieceofequipmentprojectsinto
the appr
oach
surfa
ces
ortheclearzone.[Ord.FY2018-17§2,2018;0rd.87-O9-O§12,1987.Formerly§17.39.020].
A maxim
um
hei
ght
limitationof35feetisestablishedforallstructuresonlandscontiguoustooradjoiningautility
airport,La
ke
andtheKodiakMunicipalAirport.Thisheightlimitationappliesevenifthezoningdistrictin
which thep
r
o
p
e
r
t
y
islocatedpermitsagreaterheightlimitation.
Chapter17.145
COM
MUN
ICAT
ION
TOWERSANDOTHERTALLSTRUCTURES
A.For la
nd
s
contiguo
us
tooradjoiningautilityairport,nostructuresorequipmentmaybelocatedinsucha
manner anyportionofastructureorpieceofequipmentprojectsintotherunwayclearzoneorapproach
surfaces.
This exceptKIBCand,appliestoanycommunicationstowersdedicatedto
com
merci
al
orpublicuseaseitherprimaryoraccessorystructuresanduses.[Ord.FY2018-17§2,2018].
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.C
h.
1
7
.
1
4
5
Commun
ication
TowersandOtherTallStructures|KodiakIslandBoroughCodePage1of5
C
o
useofcommunicationstowers.A
ir
p
or
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heightlimitations.H
ei
g
ht
limit
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s.
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.
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AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 68 of 117
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toprov
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theinformationspecifiedinthistitleforconditionaluses,anapplicationforaconditional
use perm
it
fo
r
theconstructi
on
ofacommunicationstowerorplacementofatelecommunicationsantennaonan
existing s
t
r
otherthanatowerorantennapreviouslypermittedmustincludethefollowinginformation:
A.ofthespecification
s
fortheproposedstructuresandantennas,includingdescriptionofthedesign
chara
cteris
tics
andmaterial;
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021.C
h.
1
7
.
1
4
5
Commun
ication
TowersandOtherTallStructures|KodiakIslandBoroughCodePage2of5
C
o
towersasconditionaluses.
B.C
o
m
m
u
ni
c
at
io
n
s
towersareaprohibiteduseinallotherzoningdistricts.[Ord.FY2018-17§2,2018].C.T
e
m
p
or
ar
y
structuresthatwillstandfornomorethan30days.[Ord.FY2018-17§2,2018].
A
p
pl
ic
at
io
n
requireme
nts.
A.C
o
m
m
u
ni
ca
ti
o
ns
towersareaconditionaluseinthefollowingzoningdistricts:A
.
Fa
cil
iti
es
ownedbyormaintainedfortheuseoftheUnitedStatesmilitary;T
h
e
fo
ll
o
w
in
g
structuresareexemptfromtheregulationsofthischapter:
K
IB
C,
UN
C
—UrbanNeighborhoodCommercialDistrict.K
IB
C,
RN
C
—RuralNeighborhoodCommercialDistrict.
B.F
ac
ili
ti
es
constructedforprivateuse;and
K
IB
C,
RD—RuralDevelopmentDistrict.
E
xe
m
pt
io
K
I
B
C
,
RB—RetailBusinessDistrict.K
I
B
C
,
PL—PublicUseLandsDistrict.K
IB
C,
LI—LightIndustrialDistrict.
1
7.
1
4
5.
1
7.
1
4
5.
K
I
B
C
,
NU-NaturalUseDistrict.K
I
B
C
,
W—Watersh
ed
District.K
I
B
C
,
C-Conserv
ation
District.K
I
B
C
,
B—Busines
s
District.K
I
B
C
,
I—Industr
ial
District.
10
.
Ch
ap
ter
6.C
ha
pt
er
4.C
ha
pt
er
7.C
h
a
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C
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C
ha
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ha
pt
C
h
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h
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17
.
17
.
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.
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.
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.
17
.AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 69 of 117
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H.A visual impact thatquantifiestheamountofvisualimpactonpropertieslocatedwithin1,000feetof
any proposed tower 65feetorwithin2,500feetofanyproposedtowerover65feet.Suchanalysisshould
include,to the extent p
r
a
ct
ic
a
b
le
,
thevisualimpactfromatleasttwoofthefourcompassdirections,andshowthe
relationship of the t
o
anditsfacilitiesagainstthemassingofsurroundingstructures,trees,andother
intervening visual Thisanalysiswillincluderecommendationstomitigateadversevisualimpactsonother
properties;
A.Location and Impact
.
Theproposedcommunicationstower,antennaoraccessorystructurewillbe
placed in a reaso
nabl
y
availa
ble
locationwhichwillminimizethevisualimpactonthesurroundingareaandallow
the facility to fun
cti
on
inaccorda
nce
withminimumstandardsimposedbytheapplicablecommunications
regulations and technicaldesignrequirements.Conditionsmaybeimposed,includingcamouflage,
screening,veget
ative
buffe
rs
and/orsiterequirements,toensurethiscriteriaismet.
B.Inabi
lity
toLocat
e
onanExistingStructure.Apermitshouldnotbeissuedunlessaproposedantennaand
equipmen
t
ca
nn
ot
beaccommodat
ed
andfunctionasrequiredbyapplicableregulationsandapplicant'stechnical
requirem
ents
with
out
unreasonablemodificationsonanyexistingstructureorcommunicationstower.
B.A sit
e
drawntoscaleshowingpropertyboundaries,towerlocation,towerheight,guywiresandanchors,
existing s
t
r
photograp
hs
orelevationdrawingsdepictingtypicaldesignofproposedstructures,parking,
fences,l
a
n
d
s
c
a
p
i
n
g
,
andexistinglandusesonadjacentproperty;
F.A co
py
oftheFAAdeterminationastowhetherthetowerposesanaviationhazard,includingthesafety
lighting a
n
d
ma
rki
ng
requiredbyFAA,ifany,andwhetherpreferencesorrequestsfordeviationsfromsuch
marking ligh
ting
systemsweresubmitted;
Withi
n
6
0
daysfromapplication,theplanningandzoningcommissionshallapprove,approvewithconditionsor
deny p
e
r
underthissectionafterconsideringallofthefollowingcriteria:
I.A
n
al
te
r
n
at
i
v
e
siteanalysisincludingtheavailabilityofsuitableexistingtowersandotheralternativestructures
or loc
ati
on
s
fortheproposedtowerconsideredbytheapplicant;and
J.informatio
n
whichmayberequiredbythecommunitydevelopmentdepartmentfordetermination
that a
p
pl
ic
a
bl
e
lawsaremet.[Ord.FY2018-17§2,2018].
G.agreeme
nt
toremovethetowerand/orantennawithin180daysafterthetowerorantennais
subst
antial
ly
unusedforaperiodof12consecutivemonths;
C.mapshowinglocationsofalloftheapplicant'santennas,facilities,existingtowers,andproposed
towers w
it
h
i
n
theborough;
TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.Ch
.
1
7
.
1
4
5
Commun
ication
TowersandOtherTallStructures|KodiakIslandBoroughCodePage3of5D.N
a
m
es
oftheownersofthetower,antennasandequipmenttobelocatedonthesite;
E
vi
de
nc
e
thatavalidFCClicensefortheproposedactivityhasbeenissued,ifrequired;
A
p
pr
o
v
al
criteria.AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 70 of 117
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«H-.-«*1-*+I‘-‘Hm """""""..""'-"‘.‘?.'=.":7*_'-"'-"=‘
.-_'.1.:
E.Collocation.A p
e
r
shallbeconditionedtorequiretheapplicanttomakethetoweravailableforusebyas
many other license
d
c
a
r
r
i
e
r
s
ascanbetechnicallycollocatedthereonwhentheusewillnotresultinsubstantial
injury to the owner,insubst
antial
detrimenttotheservicetothecustomersoftheowners.Alllicensedcarriers
shall cooperate wit
h
e
a
c
otherincollocatingadditionalfacilitiesuponsuchtowers.Alllicensedcarriersshall
exercise good faith co
ll
oc
at
in
g
withotherlicensedcarriersandinthesharingoftowers,includingthesharingof
technical informatio
n
toevalu
ate
thefeasibilityofcollocation.
C.Necessityfo
r
inaResidentialNeighborhood.Apermitshouldnotbeissuedinaresidential
neighborhood u
n
l
e
s
s
theareacannotbeadequatelyservedbyafacilityplacedinanonresidentialareaforvalid
technical reason
s.
C
on
di
ti
on
s
maybeimposedtolessentheimpactofacommunicationstoweronaresidential
neighborhood,i limitatio
ns
ontimesformaintenanceworktobeperformed,numberofvehiclespresent,
yard maintenance
,
an
d
similarrequirements.
F.Illuminat
ion.
Acomm
unicat
ions
towermaynotbeilluminatedunlessotherwiserequiredbystateorfederal
law or regula
tions
orunlessevidencehasbeenpresentedthatlightingisnecessarytoensurethesafetyofthe
public.To pr
ev
en
t
directlightreflectiononotherproperty,towerstructurelightingshallbeshieldedtotheextent
permitted b
y
Fede
ral
AviationAdministration.
J.Zoning Stand
ards.
Nothinginthissectionalterstherequirementsforvisibility,fencing,screening,
landscaping,access,lotsize,exteriorillumination,sign,storage,orothergeneralzoningdistrict
regulations,yardandheightrequirements,ofanyspecificzone.Yardandheightrequirementsinthis
section shall
G.Dista
nce
fr
o
m
ExistingTower.Apermitforaproposedtowerwithin1,000feetofanexistingtowershallnotbe
issued u
nl
es
s
theapplican
t
certifiesthattheexistingtowerdoesnotmeettheapplicant'sstructuralspecifications
and the technicaldesignrequirements,orthatacollocationagreementcouldnotbeobtained.
H.Yard Req
uire
ment
s.
Yardsshallbeadistanceequaltoatleast50percentoftheheightofthetowerfroma
lot line.T
h
e
pla
nn
in
g
andzoningcommissionmaymodifythisrequirementifthetowerandequipmentwillbe
adequatel
y
sc
re
en
ed
tomitigateitsvisualimpactandnosafetyhazardsarepresented.
K.Desi
gn
D
r
a
w
i
n
g
s
andSpeci?cations.Apermitshallbeconditionedtorequiretheapplicanttosubmitdesign
drawings spec
ifica
tions
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AGENDA ITEM #10.A.Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.1...Page 72 of 117
KODIAK ISLAND BOROUGH
STAFF REPORT
APRIL 21, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund
ORIGINATOR: Finance Director, Dora Cross
RECOMMENDATION:
Move to adopt Ordinance No. FY2022-16.
DISCUSSION:
A broad coalition of states and subdivisions have now reached final agreements with several
manufacturers and distributors of prescription opioids. These agreements resolve legal claims
against those companies stemming from actions that fueled the opioid addiction epidemic. The
states involved have reached a tentative settlement with the Settling Companies for about 26
billion dollars to be paid over 18 years. The State’s share is about $49 million and municipalities
would be entitled to approximately 15% of the amount the state receives. The Borough’s share
is around $10,000 a year for the next 10-18 years.
The assembly approved participation in the agreement along with the terms of the settlement
negotiated by the State of Alaska with Resolution No. FY2022-10. Since the terms of the
settlement restrict expenditures of the settlement funds to certain purposes, as well as the long-
term nature of the settlement distribution, staff believes it is in the Borough's best interest to
create a separate special revenue fund to account for the money and future reporting
requirements.
ALTERNATIVES:
FISCAL IMPACT:
$0
OTHER INFORMATION:
AGENDA ITEM #10.B.
Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund Page 73 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-16
Page 1 of 2
1 Introduced by: Borough Manager thru the Mayor
2 Drafted by: Borough Attorney
3 Introduced on: 04/07/2022
4 Public Hearing Date: 04/21/2022
5 Adopted on:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2022-16
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 ESTABLISHING AN OPIOID SETTLEMENT FUND
12
13 WHEREAS, the Kodiak Island Borough is scheduled to receive Opioid Settlement Funds
14 which are generated by the settlement of class action litigation by states and municipalities
15 against certain opioid manufacturers and distributors, which settlement included the Kodiak
16 Island Borough as a settling party; and
17
18 WHEREAS, the terms of the settlement will provide payments to the Kodiak Island Borough
19 and other settling parties over an 18 year period; and
20
21 WHEREAS, the terms of the settlement restrict expenditures of Opioid Settlement Funds to
22 certain purposes set out in the settlement agreement; and
23
24 WHEREAS, the Kodiak Island Borough Assembly finds that it is more difficult to verify that
25 Opioid Settlement Funds are used only for permitted purposes if the Opioid Settlement Funds
26 are comingled with other Borough funds which are not subject to the same restrictions; and
27
28 WHEREAS, the Kodiak Island Borough Code Section 3.10.110 provides that funds as
29 required will be established; and
30
31 WHEREAS, the Kodiak Island Borough Assembly finds that it is in the Borough’s best
32 interests to create a special revenue fund for Opioid Settlement Funds received by the Borough.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
35 BOROUGH THAT:
36
37 Section 1: This ordinance is NOT of a general and permanent nature and shall NOT
38 become a part of the Kodiak Island Borough Code of Ordinances.
39
40 Section 2: A Special Revenue Fund entitled “Opioid Settlement Fund” will be established by
41 the Kodiak Island Borough and will become a part of the Borough budget and
42 general ledger.
43
44 Effective Date: This ordinance takes effect upon adoption.
45
46
AGENDA ITEM #10.B.
Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund Page 74 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-16
Page 2 of 2
47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
48 THIS __________ DAY OF _______________, 2022.
49
50 KODIAK ISLAND BOROUGH ATTEST:
51
52
53 ___________________________ ______________________________
54 William Roberts, Mayor Nova M. Javier, MMC, Borough Clerk
55
56 VOTES:
57 Ayes:
58 Noes:
AGENDA ITEM #10.B.
Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund Page 75 of 117
KODIAK ISLAND BOROUGH
STAFF REPORT
APRIL 21, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For
Services During Construction For The Landfill Stage 3 Closure Project In An
Amount Not To Exceed $25,000
ORIGINATOR: Project Manager/Inspector, Matt Gandel
RECOMMENDATION:
Move to authorize the Manager to execute Change Order No. 1 to Contract No. FY2021-17
with CH2M Hill Engineers for services during construction for the Landfill Stage 3 Closure
project in an amount not to exceed $25,000.
DISCUSSION:
In April 2021 the Assembly approved a contract with CH2M Hill Engineers for design, bidding
assistance, and services during construction for the Landfill Stage 3 Closure project. Design
was completed in October 2021, the project was issued for public bid in November 2021, and
the Assembly awarded a contract to the low bidder in January 2022.
In March 2022, CH2M Hill notified KIB staff that the design and bidding phases had required
more resources than anticipated, and there were not sufficient funds available to complete the
project. Some of these additional costs can be attributed to correspondence with the United
States Department of Agriculture (USDA) Rural Development (funding source) which required
extensive review and modifications to standard bid and contract specifications to meet USDA
requirements. Additionally, during the bid process there were extended conversations with
KIB staff about adding blasting and processing of rock as part of the project scope. Ultimately
the bid specifications were modified to add blasting and processing of rock required for the
contractor to complete the project, and an additional unit price was added for blasting and
processing of additional rock for future landfill cover.
Due to these unanticipated scope items the consultant costs for design and bidding exceeded
the available budget, and additional funds are required to complete the construction phase.
Services during construction includes reviewing and responding to Requests for Information,
reviewing submittals, and attending project meetings. Staff has reviewed the costs submitted
to date and the proposed additional costs and feels the request is reasonable.
ALTERNATIVES:
Take no action or do not approve the change order. Neither of these are recommended as
consultant services will be required to successfully complete the construction phase of the
project.
FISCAL IMPACT:
The design and services during construction costs for this project are being funded by a loan
from United States Department of Agriculture Rural Development.
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 76 of 117
KODIAK ISLAND BOROUGH
STAFF REPORT
APRIL 21, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
OTHER INFORMATION:
Per KIBC 3.30.100 Change orders – Manager authority.
The manager, or designee, is authorized, without assembly approval, to enter into change orders with
respect to borough projects where the amount of additional expenditure occasioned by the change
order or orders does not, in the aggregate, exceed the total contract amounts approved for the project,
plus project contingency equal to 10 percent of the approved contract amount. Additional contingency
may be requested and approved by the assembly. The manager, or designee, shall report monthly to
the assembly the nature and amount of such change orders. Project approval should include a budget
for the project that includes a contingency line item of 10 percent. Change orders above the manager’s
approval limit, but not exceeding five percent of the original contract amount or $50,000, whichever is
lower, require approval by:
A. The mayor and deputy presiding officer;
B. The mayor and one assembly member in the absence of the deputy presiding officer;
C. The deputy presiding officer and one assembly member in the absence of the mayor.
Such approval may be by signature or electronic signature. Change orders greater than five percent of
approved contract amount or $50,000, whichever is lower, require assembly approval. The authority
contained in this section is independent and exclusive of the purchasing authority defined in KIBC
3.30.010.
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 77 of 117
949 E. 36th Avenue, Suite 500
Anchorage, Alaska 99508
United States
T +1.907.762.1500
F +1.907.762.1600
www.jacobs.com
CH2M HILL, Inc.
April 8, 2022
Matt Gandel
Project Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Subject: Fee Proposal for Additional Services During Construction for Kodiak Landfill
Stage 3 Closure
Dear Matt,
CH2M HILL Engineers, Inc. (Jacobs) is pleased to provide this fee proposal for additional
services during construction for the Stage 3 Closure project. We suggest the following
additional scope be added for Task 3:
Task 3 – Services During Bidding and Construction. Additional work to include:
preparation of bid phase and construction phase paperwork for the USDA Rural
Development loan; preparation of change order documentation for rock processing; review
of additional RFI and submittals; possible site visits for construction observation; and
preparation of field directives and record drawings.
Fee proposal. As agreed, we propose adding the following total to existing Task 3 of the
contract:
Task Estimated Price
3-Additional Bid & Construction Services $25,000
Total $25,000
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 78 of 117
April 8, 2022
Subject: Fee Proposal for Additional Services During Construction for Kodiak Landfill Stage 3 Closure
2
Contract Terms. We propose to conduct this work as under our existing contract #FY2021-
17 for Stage 3 Closure Design and Construction Services using our 2022 rates (escalated
at 3% from 2021 rates). We will be conducting this work using our legal entity CH2M HILL
Engineers, Inc., a Jacobs company.
Sincerely
CH2M Hill Engineers, Inc.
Cory Hinds, P.E.
Jacobs Project Manager
Josh Lawson
Manager of Projects
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 79 of 117
949 E. 36th Avenue, Suite 500
Anchorage, Alaska 99508
United States
T +1.907.762.1500
F +1.907.762.1600
www.jacobs.com
CH2M HILL, Inc.
March 11, 2021
Dave Conrad
Director of Engineering & Facilities
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Subject: REVISED Fee Proposal for Kodiak Landfill Stage 3 Closure Final Design and
Services During Construction
Dear Dave,
CH2M HILL Engineers, Inc. (Jacobs) is pleased to provide this revised fee proposal for final
design for interim closure of a portion of the Kodiak Landfill, hereby called the Stage 3
Closure. The purpose of this interim closure is to divert clean stormwater away from the
leachate lagoon to reduce the volume of leachate that must be treated in the Leachate
Treatment Plant. Jacobs has already prepared a concept design for the Stage 3 Closure.
The concept design has been reviewed by KIB and has been submitted to ADEC for
information purposes. We suggest the following scope of work:
Task 1 – 80% Design and Draft Bid Documents. Jacobs will address KIB comments on the
concept design and will generate 80% design drawings, and draft bid documents including
technical specs and bidding requirements.
A list of proposed design drawings is provided in Attachment 1. A list of proposed
technical specifications is provided in Attachment 2. The design will consider the
geotechnical question of leaving the interim portions of the liner in place or if removal will
be required prior to placement of final lifts. Following submittal of the 80% design, Jacobs
and KIB will have a teleconference to discuss and resolve comments.
Deliverables: 80% design drawings (all drawings to 80% completion); technical
specifications (all specifications to 80% completion); draft bid documents; AACE
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 80 of 117
March 11, 2021
Subject: REVISED Fee Proposal for Kodiak Landfill Stage 3 Closure Final Design and Services During Construction
2
Class 2 construction cost estimate (expected accuracy -5% to +20%), 80% basis of
design report, and response to comments.
Assumptions: KIB will provide a copy of the latest front-end bid documents in
electronic format that can be adapted for this project. The basis of design report
will be a series of technical memoranda by engineering discipline including: cover
design; grading; and stormwater. This set of documents can be forwarded to ADEC
for their review.
Task 2 – Final Design and Bid Documents. Jacobs will address KIB comments and finalize
the drawings, technical specifications, and bid documents.
Deliverables: 100% design drawings; technical specifications; final bid documents;
AACE Class 1 construction cost estimate (expected accuracy -3% to +15%), and
response to comments.
Assumptions: KIB will review the final bid documents, confirm appropriate dates for
bidding and construction, and will manage the release of bid documents via KIB
website, local newspapers, or other methods.
Task 3 – Services During Bidding and Construction. Cory Hinds will attend a pre-bid
teleconference and Jacobs will respond to questions from bidders (allotment of 16 hours
to respond to bidder questions). During the bid period, Jacobs will respond to bidder
questions and issue addenda (allotment of 24 hours for addenda) as directed by KIB.
During construction, Jacobs will track, review and approve submittals (allotment of 64
hours for submittals) as directed by KIB. Jacobs will set up an internet and email-based
system using Bentley Connection Client for receiving incoming submittals and posting
submittal responses. Jacobs will track the progress of submittals and provide summary of
status as needed. Cory Hinds will attend bi-weekly construction meetings via
teleconference (allotment of 10 hours for construction meetings) to work through
construction details and issues with KIB and the construction contractor. Preparation of
field directives and record drawings are not included but can be added later if requested.
No travel is anticipated at this time but can be added as needed via amendment.
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 81 of 117
March 11, 2021
Subject: REVISED Fee Proposal for Kodiak Landfill Stage 3 Closure Final Design and Services During Construction
3
Fee Proposal. Estimated price for these tasks, built using labor rates included in
Attachment 3, are shown in the table below.
Task Estimated Price
1-80% Design $54,300
2-100% Design $21,200
3-Bid & Construction Services $17,100
Total $92,600
Contract Terms. We propose to conduct this work on a time and materials basis using the
enclosed Agreement for Professional Services included as Attachment 4. We will be
conducting this work using our legal entity CH2M HILL Engineers, Inc., a Jacobs company.
Sincerely
Cory Hinds, P.E.
Jacobs Project Manager
Josh Lawson
Manager of Projects
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 82 of 117
Attachment 1 List of Drawings Kodiak LF,Stage 3 Closure
Drawing
1 Cover sheet,Vicinity Map,and Index of Drawings
2 Abbreviations,Legend,and General Notes
3 Existing Site Conditions Plan will include control points)
4 Final and Interim Cover and Temporary ESC Plan
5 Subgrade Plan
6 Stormwater Management Plan
7 Monitoring and Instrumentation Plan
8 Erosion Sedimentation Control Sections and Details
9 Cover Sections and Details 1
10 Cover Sections and Details 2
11 Stormwater Details
12 Subgrade Control Points
13 Final Grading and Drainage Control Points
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 83 of 117
Attachment 2 List of Specifications Kodiak LF,Stage 3 Closure
Section Title
01 11 00 Summary of Work
01 31 13 Project Coordination
01 32 00 Construction Progress Documentation
01 33 00 Submittal Procedures
01 45 16.13 Contractor Quality Control
01 50 00 Temporary Facilities and Controls
01 57 13 Erosion and Sediment Control During Construction
01 77 00 Closeout Procedures
31 23 13 Subgrade Preparation
31 23 16 Excavation
31 23 23 Fill and Backfill
31 23 23.15 Trench Backfill
31 32 19.16 Geotextile
31 32 20 Strip Drains
31 37 00 Riprap
33 05 01 Conveyance Piping General
33 41 01 Storm Drainage Piping
33 47 13.01 Landfill Liners LLDPE
Division 01 General Requirements
Division 31 Earthwork
Division 33 Utilities
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 84 of 117
Attachment 3 2021 Staff Rates Kodiak LF,Stage 3 Closure
Labor Category/Description 2021 Hourly Rate
Project Management 1/Design Manager 186$
Project Management 3/Project Manager 186$
Civil Engineer 1/Civil and Stormwater Lead 129$
Civil Design 1/CADD 93$
Civil Design Technician 6/Process Automation Lead 98$
Geotechnical Engineer 1/Geosynthetics 129$
Geotechnical Engineer 5/Geosynthetics Review 190$
Environmental Engineer 4/Project Controls 186$
Environmental Engineer 6/Civil Review 190$
Technologist Professional 1/Stormwater Review 190$
Publishing Technician 6/Specifications Processing 165$
Estimating Professional 6/Cost Estimator 190$
Client Deliverables Support 6/Publications and Editing 103$
Accounting Professional 1/Project Accountant 78$
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 85 of 117
AGREEMENT
FOR
PROFESSIONAL SERVICES
BETWEEN
CH2M HILL ENGINEERS, INC.
AND
KODIAK ISLAND BOROUGH
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 86 of 117
File: APS – JEG (4-6-09)
AGREEMENT FOR
PROFESSIONAL SERVICES
TABLE OF CONTENTS
ARTICLE 1 General Obligations of Engineer 1
ARTICLE 2 General Obligations of Client 1
ARTICLE 3 Compensation 1
ARTICLE 4 Payments 1
ARTICLE 5 Period of Service 2
ARTICLE 6 Changes in Scope of Services 2
ARTICLE 7 Warranty 2
ARTICLE 8 Indemnification 3
ARTICLE 9 Limitation of Liability 3
ARTICLE 10 Insurance 4
ARTICLE 11 Relationship of Engineer to Client 4
ARTICLE 12 Personnel 4
ARTICLE 13 Ownership of Instruments of Service and Data 5
ARTICLE 14 Permits and Licenses 5
ARTICLE 15 Adherence to Laws 5
ARTICLE 16 Nondisclosure of Proprietary and
Confidential Materials 5
ARTICLE 17 Certification or Sealing of Instruments of Services
by Professional Engineer 6
ARTICLE 18 Force Majeure 6
ARTICLE 19 Project Delay 7
ARTICLE 20 Construction Phase Services 7
ARTICLE 21 Governing Law 8
ARTICLE 22 Alternate Dispute Resolution 8
ARTICLE 23 Notices and/or Communications 9
ARTICLE 24 Miscellaneous 9
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 87 of 117
File: APS – JEG (4-6-09)
Page 1 of 10
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and executed as of the ______ day of ___________, 2020 by and
between CH2M HILL ENGINEERS, INC., with a place of business at 949 East 36th Avenue,
Anchorage, (hereinafter called “Engineer”) and the Kodiak Island Borough, an incorporated
borough, with a place of business at 710 Mill Bay Road, Kodiak (hereinafter called “Client”),
collectively referred to herein as “Parties”, provides as follows:
ARTICLE 1
GENERAL OBLIGATIONS OF ENGINEER
The description of the Client’s project (the “Project”) and scope of services (hereinafter
Services”) to be provided to Client is stated in a formal Proposal from Engineer dated
the “Proposal”). The Proposal is made a part of this Agreement by
reference.
ARTICLE 2
GENERAL OBLIGATIONS OF CLIENT
Client shall provide Engineer full information regarding Client’s requirements for the Project
and shall provide information regarding existing facilities, such as drawings, as-built drawings,
legal description, easements, rights of way, agreements with any utilities, or any other
information in Client’s possession which is necessary or useful in connection with the Project.
Client shall appoint a representative that will have the authority to make decisions on behalf of
Client regarding the Project. Client shall make decisions regarding the Project in a timely
manner.
ARTICLE 3
COMPENSATION
Engineer will be compensated for Services as set forth in the Proposal.
ARTICLE 4
PAYMENTS
Engineer will submit monthly invoices for compensation and expenses by electronic
transmission. Payments will be due within 30 days after receipt of invoices and shall be made by
electronic funds transfer to the bank and account designated in the invoice. Past due amounts
will accrue interest at one and one-half percent (1½%) per month, without limiting other
remedies.
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 88 of 117
File: APS – JEG (4-6-09)
Page 2 of 10
In the event Client does not make payments as required herein, in addition to any other remedy
available to Engineer, including but not limited to termination, Engineer shall have the right to
suspend its performance on the Project and await receipt of all payments and interest then due
before resuming performance. Engineer shall be entitled an extension of time for the period of
suspension. During any suspension, Engineer shall have the right to terminate the Agreement for
non-payment.
ARTICLE 5
PERIOD OF SERVICE
Engineer shall make its best efforts to complete its Services for the Project within the time period
set forth in the Proposal.
ARTICLE 6
CHANGES IN SCOPE OF SERVICES
Client may, at any time, make changes in the scope of Services for the Project or in the definition
of Services to be performed. In the event Client notifies Engineer of its desire to make a change
in the scope of Services that may change the cost of performance, Engineer shall, within ten (10)
working days after receiving such notice, give Client notification of any potential change in price
for the Services. Equitable adjustments to price and time of performance resulting from scope of
Services changes will be negotiated and upon mutual agreement by Client and Engineer, this
Agreement will be modified by a written instrument, signed by both parties, to reflect the
changes in scope of Services, price and schedule.
ARTICLE 7
WARRANTY
A. Engineer warrants that its engineering, design and consulting Services will be performed in
accordance with generally accepted standards in the industry. Following completion of its
Services and for a period of twelve (12) months thereafter, if the Services provided
hereunder do not conform to the warranty above stated and the same is reported to Engineer
by Client in writing promptly after recognition thereof, Engineer shall, at no cost to Client,
furnish all remedial engineering, design or consulting Services required in connection
therewith as soon as reasonably possible after receipt of such report from Client; and
Engineer shall have no liability for costs related to the repair, replacement, addition or
deletion of materials, equipment or facilities as a result of such failure to conform to the
above-referenced warranties, which costs shall be deemed costs of the project, whether
incurred during performance of the Services or after completion of the Services.
B. Engineer’s warranties shall not apply to any defect which results from: ordinary wear and
tear, misoperation, corrosion or erosion, noise levels, operating conditions more severe than
those contemplated in the original design, or a defect in a process or mechanical design or
equipment furnished or specified by Client or others.
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 89 of 117
File: APS – JEG (4-6-09)
Page 3 of 10
C. All representations, warranties and guarantees made by Engineer in connection with its
Services are limited to those set forth in this Article 6. IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
SPECIFICALLY EXCLUDED. For any deficiencies in the Services, Client shall be
restricted to the remedies expressly set forth in this Article 6; such remedies are Client’s
sole and exclusive remedies for deficiencies in the Services and Client hereby waives any
and all other remedies, whether at law or in equity, and regardless of whether the claim is
asserted under contract, tort (including the concurrent or sole and exclusive negligence of
Engineer), strict liability or otherwise.
ARTICLE 8
INDEMNIFICATION
A. Engineer will defend, indemnify and hold the Client harmless from all claims, liabilities,
demands, costs, expenses (including attorneys’ fees) and causes of action arising out of
third party claims for bodily injury (including death) and damage to tangible property to
the extent caused by a negligent act or omission of Engineer, its employee or
subconsultant.
B. The Client hereby agrees to release, waive all rights of subrogation against, defend,
indemnify and hold Engineer harmless from all claims, liabilities, demands, costs, expenses
including attorneys’ fees) and causes of action arising out of bodily injury (including
death) to any person or damage or loss to any property (“Harms”), irrespective of
Engineer’s fault (including, without limitation, breach of contract, tort including concurrent
or sole and exclusive negligence, strict liability or otherwise of Engineer), when the Harms
result from (i) the discharge, dispersal, release or escape of smoke, vapors, soot, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants,
contaminants or pollutants into or upon land, the atmosphere or any water course or body
of water; (ii) errors or omissions in Engineer’s Services due to Engineer being required,
directly or indirectly, by Client to take certain actions contrary to the recommendations of
Engineer; (iii) errors or omissions in Engineer’s Services while assisting in the
commissioning, start-up or operation of Client’s facilities; and (iv) the acts, errors,
omissions or negligence of Client, its employee or other contractor.
ARTICLE 9
LIMITATION OF LIABILITY
The total aggregate liability of Engineer arising out of the performance or breach of this
Agreement shall not exceed twenty-five percent (25%) of the compensation paid to Engineer
under this Agreement. Notwithstanding any other provision of this Agreement, Engineer shall
have no liability to the Client for contingent, consequential or other indirect damages including,
without limitation, damages for loss of use, revenue or profit (direct or indirect); operating costs
and facility downtime; or other similar business interruption losses, however the same may be
caused. The limitations and exclusions of liability set forth in this Article shall apply regardless
of the fault, breach of contract, tort (including negligence), strict liability or otherwise of
AGENDA ITEM #14.A.1.
Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Se...Page 90 of 117
File: APS – JEG (4-6-09)
Page 4 of 10
Engineer, its employees or subconsultants. The Parties agree that the limitations of liability and
waiver of damages as set forth herein shall not be interpreted as a form of indemnification.
ARTICLE 10
INSURANCE
A. During the term of this Agreement, Engineer shall, at its sole expense, secure and maintain
in force policies of insurance of the following types:
1. Workers’ compensation coverage in accordance with the statutory requirements of
the jurisdiction in which services are to be performed.
2. Employer’s liability insurance with a minimum of $250,000.
3. Comprehensive General Liability Insurance, subject to a limit for bodily injury and
property damage combined of at least $1,000,000 aggregate.
4. Automobile liability insurance subject to a limit for bodily injury and property
damage combined, of at least $1,000,000 per occurrence.
B. Engineer shall furnish Client certificates of insurance evidencing the insurance coverages
required in this Article 9. The certificates shall stipulate that should any of the above
insurance policies be cancelled before the termination of this Agreement, the issuing
company will endeavor to mail thirty (30) days’ written notice to Client.
C. As between Engineer and Client, Client agrees to insure (or at its election to self-insure) its
existing property and the facilities which are the subject of the Engineer’s services, from
risks insurable under Fire and Extended Coverage, All Risk Builder’s Risk, and Business
Interruption Insurance policies. Client hereby waives any rights which it or its insurers
may have against Engineer for any damages, losses or expenses resulting from the risks to
be insured (or self-insured) by Client or its contractors on the facilities which are the
subject of Engineer’s Services, and Client agrees to include Engineer as an additional
insured in all such policies and in any waiver of rights obtained by Client from its
contractor with respect to property damage insurance carried by such contractor.
ARTICLE 11
RELATIONSHIP OF ENGINEER TO CLIENT
The Engineer shall be and shall operate as an independent contractor with respect to the Services
performed under this Agreement and shall not be nor operate as an agent or employee of Client.
This Agreement is not intended to be one of hiring under the provisions of a Workers’
Compensation statute or other law and shall not be so construed.
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ARTICLE 12
PERSONNEL
Engineer agrees that during Engineer’s performance of Services hereunder, adequate provision
shall be made to staff and retain the services of such competent personnel as may be appropriate
or necessary for the performance of such Services. Client shall have the right to review the
personnel assigned by Engineer, and Engineer shall remove any personnel not acceptable to
Client. Engineer may remove personnel assigned to the Project without Client’s prior approval,
provided the progress of the Services shall not be unreasonably impaired.
ARTICLE 13
OWNERSHIP OF INSTRUMENTS OF SERVICE AND DATA
A. Client agrees to defend, indemnify and hold harmless Engineer and its employees from and
against claims resulting from re-use of the design data, drawings, estimates, calculations
and specifications prepared by Engineer (“instruments of service”) on extensions of the
project or at a location other than that contemplated by this Agreement. Client is advised
that should Client re-use the instruments of service at another location, the instruments of
service should be reviewed and sealed by Client or an engineer licensed in the jurisdiction
where the instruments of service are sought to be re-used.
B. All materials and information that are the property of Client and all copies or duplications
thereof shall be delivered to Client by Engineer, if requested by Client, upon completion of
Services. Engineer may retain one complete set of reproducible copies of all of its
instruments of service.
ARTICLE 14
PERMITS AND LICENSES
Engineer represents to Client that it has and will maintain during the performance of the Services
under this Agreement any permits or licenses which, under the regulations of federal, state, or
local governmental authority, it may be required to maintain in order to perform the Services.
ARTICLE 15
ADHERENCE TO LAWS
Engineer shall adhere to federal, state, and local laws, rules, regulations, and ordinances
applicable to performance of the Services hereunder including, without limitation, all applicable
provisions of federal and state law relating to equal employment opportunity and non-
discrimination.
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ARTICLE 16
NONDISCLOSURE OF PROPRIETARY AND
CONFIDENTIAL MATERIALS
Client and Engineer agree that any disclosure will be made on the following basis:
A. Confidential Client Information (“Primary Data”) disclosed to Engineer which is identified
in writing by Client as proprietary to Client shall be: (1) safeguarded, (2) maintained in
confidence, and (3) made available by Engineer only to those of its employees or others
who have a need-to-know and agree to equivalent conditions pertaining to nondisclosure as
contained herein.
B. Upon completion of the Project or sooner if Client so requests, the Engineer shall return to
Client’s representative all Primary Data furnished to the Engineer under this Agreement
and shall, if requested, deliver to the Client’s representative all drawings, schedules,
calculations, and other documents generated by Engineer for use in connection with the
Project (“Secondary Data”).
C. Engineer shall not use for itself or to disclose to third parties any Primary Data or
Secondary Data without the prior written consent of Client.
D. The nondisclosure obligations pertaining to Primary and Secondary Data shall terminate
three (3) years from date Engineer’s association with this Project terminates. The
nondisclosure obligations shall not apply to any data which:
1. Was known to the Engineer (and previously unrestricted) before disclosure of
Primary Data to Engineer under this Agreement or before generation of Secondary
Data;
2. Is subsequently acquired by the Engineer from a third party who is not in default of
any obligation restricting the disclosure of such information; or
3. Is subsequently available or becomes generally available to the public.
E. Notwithstanding this nondisclosure obligation, Engineer may nevertheless draw upon its
experience in its future association with other clients.
ARTICLE 17
CERTIFICATION OR SEALING OF INSTRUMENTS OF SERVICE BY
PROFESSIONAL ENGINEER
All specifications, drawings, and other engineering documents that are prepared by Engineer
shall be certified or sealed by a registered professional engineer. Such certifications or seals
shall be valid for the state in which the specifications, drawings, or other engineering documents
are to be used or applied.
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ARTICLE 18
FORCE MAJEURE
Any delays in or failure of performance by Engineer or Client, other than the payment of money,
shall not constitute default hereunder if and to the extent such delays or failures of performance
are caused by occurrences beyond the reasonable control of Client or Engineer, as the case may
be, including but not limited to, acts of God or the public enemy; compliance with any order or
request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or other
concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same
class or kind as those specifically named above, which are not within the reasonable control of
Client or Engineer respectively. In the event that any event of force majeure as herein defined
occurs, Engineer shall be entitled to a reasonable extension of time for performance of its
Services under this Agreement.
ARTICLE 19
PROJECT DELAY
If the Engineer’s proposal calls for provision of its Services under a guaranteed maximum price,
fixed fee, or stipulated lump sum basis and the Engineer’s work on any phase of the Services is
extended by one or more force majeure events or other delays not attributable in whole or in part
to the fault of Engineer, then the guaranteed maximum price, fixed fee, or stipulated lump sum,
as the case may be, shall be equitably adjusted.
ARTICLE 20
CONSTRUCTION PHASE SERVICES
If this Agreement includes the furnishing of any Services during the construction phase of the
Project, the following terms will apply:
A. If Engineer is called upon to observe the work of Client’s construction contractor(s) for the
detection of defects or deficiencies in such work, Engineer will not bear any responsibility
or liability for such defects or deficiencies or for the failure to so detect. Engineer shall not
make inspections or reviews of the safety programs or procedures of the construction
contractor(s), and shall not review their work for the purpose of ensuring their compliance
with safety standards.
B. If Engineer is called upon to review submittals from construction contractors, Engineer shall
review and approve or take other appropriate action upon construction contractor(s)’
submittals such as shop drawings, product data and samples, but only for the limited
purpose of checking for conformance with information given and the design concept
expressed in the contract documents. The Engineer’s action shall be taken with such
reasonable promptness as to cause no delay in the work while allowing sufficient time in the
Engineer’s professional judgment to permit adequate review. Review of such submittals
will not be conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities or for substantiating instructions for installation or
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performance of equipment or systems designed by the construction contractor, all of which
remain the responsibility of the construction contractor. The Engineer’s review shall not
constitute approval of safety precautions or of construction means, methods, techniques,
sequences or procedures. The Engineer’s approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
C. Engineer shall not assume any responsibility or liability for performance of the construction
services, or for the safety of persons and property during construction, or for compliance
with federal, state and local statutes, rules, regulations and codes applicable to the conduct
of the construction services.
D. All services performed by others, including construction contractors and their
subcontractors, shall be warranted only by such others and not by the Engineer.
E. All contracts between Client and its construction contractor(s) shall contain broad form
indemnity and insurance clauses in favor of Client and Engineer, in a form satisfactory to
Engineer.
ARTICLE 21
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Alaska.
ARTICLE 22
ALTERNATE DISPUTE RESOLUTION
A. Client and Engineer understand and appreciate that their long term mutual interests will be
best served by affecting a rapid and fair resolution of any claims or disputes which may
arise out of this Agreement. Therefore, both Parties agree to use their best efforts to resolve
all such disputes as rapidly as possible on a fair and equitable basis. Toward this end both
Parties agree to develop and follow a process for presenting, rapidly assessing, and settling
claims on a fair and equitable basis.
B. If any dispute or claim arising under this Agreement cannot be resolved by the project
managers for the Parties within thirty (30) days after they identified the problem, the Parties
agree that either of them may refer the matter to a panel consisting of one (1) executive from
each party not directly involved in the claim or dispute for review and resolution. A copy of
the Agreement, agreed upon facts (and areas of disagreement), and concise summary of the
basis for each side’s contentions will be provided to both executives who shall review the
same, confer, and attempt to reach a mutual resolution of the issue.
C. If the dispute cannot be resolved under the process set forth in Section B, the Parties may
elect to resolve the dispute through non-binding mediation. If mediation is to be utilized,
the Parties shall select a single unrelated but qualified Mediator who shall hold a hearing
not to exceed half a day) during which each Party shall present its version of the facts
supported, if desired, by sworn, written testimony, and other relevant documents), its
assessment of damages, and its argument. The Parties shall provide the Mediator with
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copies of all documents provided to their senior executives under Section B at least ten (10)
days prior to the scheduled date of the mediation hearing. The Parties may also provide the
Mediator with copies of any laws or regulations that they feel are relevant to the dispute. A
copy of the Agreement and any disputed Purchase Orders will be provided to the Mediator.
Formal written arguments, legal memorandum, and live testimony are discouraged but may
be permitted at the discretion of the Mediator. Both Parties agree to make any involved
employees or documents available to the other Party for its review and use in preparing its
position under this clause without the need for subpoena or other court order.
D. Following the mediation, the Mediator will meet with both Parties and provide each of
them, on a confidential basis, with his/her views of the strengths and weaknesses of their
respective positions. The Parties will then reconvene and, with the assistance of the
Mediator, attempt to resolve the matter. If the Parties cannot achieve resolution on the day
of the mediation hearing or within forty-eight (48) hours thereafter, the Mediator will,
within fifteen (15) additional days, issue a written, non-binding decision on the issue.
E. If the matter has not been resolved utilizing the processes set forth above and the Parties are
unwilling to accept the non-binding decision of the Mediator, either or both Parties may
elect to pursue resolution through litigation. In the event of any litigation between the
Parties, it is agreed and stipulated that the case shall be heard and decided by the court,
without a jury.
F. The costs of the Mediator shall be borne equally by the Parties. Each Party will bear its own
costs of mediation.
ARTICLE 23
NOTICES AND/OR COMMUNICATIONS
All notices and/or communications to be given under this Agreement shall be in writing and
shall be addressed as follows:
To Engineer To Client
Original to: Cory Hinds, P.E. Original to: David Conrad
Position: Project Manager Position: Director of Engineering
Facilities
Address: CH2M HILL ENGINEERS, INC. Address: Kodiak Island Borough
710 Mill Bay Road
949 E. 36th Avenue, Suite 500 Kodiak, AK 99615
Anchorage, AK 99508
Copy to: Copy to:
Position: Position:
Address: Address:
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Either party may, by written notice to the other, change the representative or the address to
which such notices, certificates, or communications are to be sent.
ARTICLE 24
MISCELLANEOUS
A. Waiver. Waiver by either party of any breach or failure to enforce any of the terms and
conditions of this Agreement at any time shall not in any way effect, limit, or waive such
party’s rights thereafter to enforce and compel strict compliance with all the terms and
conditions of this Agreement.
B. Severability. Any provision of this Agreement prohibited by law shall be ineffective to the
extent of such prohibition without invalidating the remaining provisions of this Agreement.
C. Rights and Remedies. The specific remedies set forth in this Agreement, including but not
limited to those remedies with respect to the quality of the Services performed by Engineer
hereunder, are the exclusive remedies of the Parties.
D. Transfer of Ownership. Client represents that either it is the sole owner of the facilities
which are the object of the Services or that it is authorized to bind and does bind all owners
of such facilities to the releases and limitations of liability set forth in this Agreement.
Client further agrees that any future recipient of any interest in the facilities and the Services
will be bound by such releases and limitations of liability such that the total aggregate
liability of Engineer to Client and such recipients shall not exceed the limits of liability set
forth in this Agreement.
E. Time of Accrual. For services performed by Engineer before substantial completion, all
causes of action against Engineer shall accrue and the statute of limitations shall commence
to run no later than the date of substantial completion of the Project. For services performed
by Engineer after the date of substantial completion but before final completion of the
Project, all causes of action against Engineer shall accrue and the statute of limitations shall
commence to run no later than the date of final completion. The Parties expressly agree that
the discovery rule for purposes of accrual shall not apply.
F. Publicity. Neither of the Parties shall make any press release, news disclosure or other
advertising related to the Project that includes the name of the other party without first
obtaining the written approval of the other party.
G. Entirety of Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations and
discussions concerning the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as
of the date first above written.
ENGINEER: CLIENT:
CH2M HILL ENGINEERS, INC.
By: ________________________________ By: __________________________________ ____________________________________________________________________________________________________________________________________________
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Title: ______________________________ Title: ________________________________ Manager of Projects
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KODIAK ISLAND BOROUGH
STAFF REPORT
MAY 5, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section
2.30.020 General Rules By Removing The Provisions That Pertain To
Declaration Of A Disaster Or Emergency
ORIGINATOR: Nova Javier, Borough Clerk
RECOMMENDATION:
Move to adopt Ordinance No. FY2022-17.
DISCUSSION:
On May 14, 2020, the Assembly adopted Ordinance No. FY2020-19 and amended KIB Section
2.30.020 General Rules in response to declaring disasters or emergency during the COVID-19
pandemic. During the April 14, 2022, work session, the Assembly discussed and requested that
an ordinance be introduced to remove the provisions that were put in place by Ordinance No.
FY2020-19. The Assembly wishes to revisit this topic at a later time.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #14.C.1.
Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section 2.30...Page 99 of 117
Kodiak Island Borough, Alaska Ordinance No. FY2022-17
Page 1 of 2
1 Introduced by: KIB Assembly
2 Introduced on: 04/21/2022
3 Public Hearing Date:05/05/2022
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2022-17
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
10 KODIAK ISLAND BOROUGH CODE SECTION 2.30.020 GENERAL RULES BY REMOVING
11 THE PROVISIONS THAT PERTAIN TO DECLARATION OF A DISASTER OR EMERGENCY
12
13 WHEREAS, the Kodiak Island Borough Assembly wishes to repeal the provisions that were
14 put in place during the declaration of COVID-19 as a global pandemic; and
15 WHEREAS, the Assembly finds that it is in the best interest of the Borough to revisit the
16 process for declaring a disaster or emergency at a later time.
17 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
18 BOROUGH THAT:
19
20 Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak
21 Island Borough Code of Ordinances.
22
23 Section 2: That section 2.30.020, General Rules, of the Kodiak Island Borough Code of
24 Ordinances is amended to read as follows:
25
26 2.30.020 General rules.
27
28 A.Public Meetings. All official meetings of the assembly shall be open to the public. The
29 journal of proceedings shall be open to public inspection. When a disaster has been
30 declared which makes attendance by the public in person inappropriate, physical
31 attendance by the public may be limited and public access may be provided by broadcast or
32 other means.
33
34 B.Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly
35 members shall be in person and may not be by teleconference, except for work sessions
36 and emergency meetings. In the event of an emergency meeting, the provisions set in
37 AS 44.62.310 shall be followed.
38
39 C.Absences. No member of the assembly may absent himself from any regular or special
40 meeting of the assembly except for good cause. An assembly member who is unable to
41 attend a meeting shall advise the clerk or the mayor of the contemplated absence and the
42 reason for that absence. During the course of the meeting from which the member is absent,
43 the chair shall cause the record to reflect the absence of the member, the reason for the
44 absence and whether the absence is excused by the assembly.
45 D.Rules of Order. “Robert’s Rules of Order Current Edition” shall govern the proceedings of
46 the assembly in all cases, unless they are in conflict with these rules. When such a conflict
47 exists, this chapter prevails.
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Kodiak Island Borough, Alaska Ordinance No. FY2022-17
Page 2 of 2
48 E.If a declaration of a disaster or emergency has been issued by the President of the United
49 States, the Governor of Alaska, or the Emergency Services Council (KIB 2.110.030) which
50 includes areas within the Kodiak Island Borough, the Mayor of Kodiak Island Borough (KIB
51 2.30.040-C) may determine the provisions of subsection B of this section requiring in person
52 attendance and prohibiting participation by teleconference shall not apply during the period
53 the declaration is in effect, and assembly members may participate by teleconference and
54 be counted as part of a quorum even if they are not physically present. The Mayor may
55 determine that teleconferencing by the Mayor and / or an assembly member is necessary
56 due to conditions or provisions directly related to a (declared) disaster or emergency for a
57 reasonable period of time. All votes at meetings where assembly members are participating
58 by teleconference shall be by roll call. For purposes of this section teleconference includes
59 internet video conferencing and other similar real time two way communication methods.
60 Effective Date: This ordinance takes effect upon adoption.
61
62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
63 THIS _________ DAY OF MAY, 2022
64
65 KODIAK ISLAND BOROUGH ATTEST:
66
67
68 ___________________________ ___________________________
69 William Roberts, Mayor Nova M. Javier, MMC, Clerk
70
71 VOTES:
72 Ayes:
73 Noes:
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KODIAK ISLAND BOROUGH
STAFF REPORT
APRIL 21, 2022
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: Authorization For Fire Protection Area No. 1 To Move Forward With The
Advertisement Of The Invitation For Bid For Bayside Fire Station Chief's
Response Vehicle Purchase
ORIGINATOR: E&F Secretary III, Patricia Valerio
RECOMMENDATION:
Move to authorize Fire Protection Area No. 1 to move forward with the advertisement of the
invitation for bid for Bayside Fire Station Chief's Response Vehicle Purchase.
DISCUSSION:
Bayside Fire Chief Lee Finlayson and the Fire Protection Area 1 Board have decided on what
type of vehicle they would like to obtain for the new Chief's response vehicle. The process for
purchasing this vehicle has been ongoing since the Spring of 2020. Research has been done
on what specifications they would like on the vehicle and they have moved forward with
producing an invitation for bid package with the assistance of KIB Staff. Fire Protection Area
No. 1 would like the Assembly's authorization to move forward on the advertisement of the
invitation for bids prior to advertising.
ALTERNATIVES:
1. Take no action.
2. Authorize Staff to move forward with advertising the invitation for bid per the Borough
Code.
FISCAL IMPACT:
Fire Protection Area No.1 Board has budgeted $80,000 for this vehicle in their FY2023
budget. With the current economic state, the Board would like to limit the cost of the new
vehicle to $60,000 so they have a buffer/allowance for any extras that may pop up.
OTHER INFORMATION:
AGENDA ITEM #14.D.1.
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KODIAK ISLAND BOROUGH
BAYSIDE FIRE CHIEFS RESPONSE VEHICLE
PROCUREMENT
ISSUED: April 25th, 2022
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Invitation to Bid
Bayside Fire Chief’s Response Vehicle Procurement
Page 2 of 15
INVITATION FOR BIDS
The Kodiak Island Borough will receive sealed bids until 3:00 pm (local time), MAY 20th, 2022,
for the FIRE CHIEFS’ RESPONSE VEHICLE PROCUREMENT, Kodiak, Alaska.
The scope of work is for a new FIRE CHIEFS RESPONSE VEHICLE or pre-approved
equivalent to be used at the BAYSIDE FIRE STATION. The Kodiak Island Borough reserves the
right to reject or accept any or all bids, to waive irregularities or informalities in the bid or in the
bidding, and to give particular attention to the qualifications of the Bidder.
Complete bid documents are available on the Kodiak Island Borough website at
www.kodiakak.us.
CONTACT PERSON:
Patricia Valerio
Engineering & Facilities Secretary
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9343
Fax: (907) 486-9394
Email: pvalerio@kodiakak.us
Bid Package Available
SUBMIT BIDS TO:
Finance Office – Room 104
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Bids will be received only in the Finance Office and only until the time stated above, at which
time they will be publicly opened and read aloud. Bids received after the time stated above will
be returned unopened. Bid envelopes must be clearly marked BAYSIDE FIRE CHIEFS’
RESPONSE VEHICLE PROCUREMENT.
Borough Manager
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Invitation to Bid
Bayside Fire Chief’s Response Vehicle Procurement
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IMPORTANT
BIDDER REGISTRATION FORM
Upon receipt of these bid documents, the contractor shall fill out the information below and return to the
Kodiak Island Borough in order to provide contact information to receive notification about additional
information, addendum and any other information which may impact bid time or quantities. Only
registered bidders will receive notifications.
Contractor’s Contact Information
Name of Company: ____________________________________________________________________
Contact Name: _______________________________________________________________________
Address: ____________________________________________________________________________
Phone Number: _______________________________________________________________________
Fax Number: _________________________________________________________________________
Email: ______________________________________________________________________________
Return this form via fax, email, regular mail, or hand delivered to the following location:
Patricia Valerio AND Lee A Finlayson, Fire Chief
Engineering & Facilities Secretary Bayside Fire and Rescue Department
Kodiak Island Borough Kodiak Island Borough
710 Mill Bay Road 710 Mill Bay Road
Kodiak, AK 99615 Kodiak, Alaska 99615-6398
Phone: 907-486-9343 Phone: 907-486-4536
Fax: 907-486-9394 Fax: (907) 486-9394
Email: pvalerio@kodiakak.us Email: lfinlayson@kodiakak.us
END OF BIDDER REGISTRATION FORM
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Invitation to Bid
Bayside Fire Chief’s Response Vehicle Procurement
Page 4 of 15
I. SCOPE OF WORK
The Kodiak Island Borough desires to purchase a new fire chiefs response vehicle.
Procurement of all specified equipment to include all freight costs to the Kodiak Island Borough
Bayside Fire and Rescue, 4606 E Rezanof Dr, Kodiak, Alaska 99615. The fire chief’s response
vehicle must be received no later than September 30, 2022 or by a date as agreed upon by the
selected winning bidder and the Borough.
II. EQUIPMENT SPECIFICATIONS
Please see attached Appendix C.
III. SCHEDULE AND SUBMISSION
1) Schedule
Bid Package Available: April 25th, 2022
Requests for information/clarification Due: May 6th, 2022
Sealed Bids Due: May 20th, 2022 at 3:00 pm local time
Fire Chiefs Response Vehicle Delivery Deadline: September 30, 2022 or by a date as agreed
upon by the selected winning bidder and the Borough.
The Borough reserves the right to make adjustments to the above noted schedule as
necessary.
2) Questions
Bidders may contact the Borough for clarification and information pertaining to this request for
bids. Any requests for information or clarification must be submitted in writing by email to
Patricia Valerio, pvalerio@kodiakak.us , by May 6th, 2022 by 3:00 pm local time.
All written questions and written responses to all questions will be posted on the Borough's web
page as Addenda and emailed to all registered bidders. All addenda will be included in contract
documents.
3) Bid Submission
Bids submitted in response to this Invitation to Bid must meet the specifications set forth herein.
Only those bidders providing complete information as required will be considered for evaluation.
Any major deviation from these specifications will be cause for rejection of the bid at the
Borough's discretion.
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Invitation to Bid
Bayside Fire Chief’s Response Vehicle Procurement
Page 5 of 15
Bids must include the following information:
Cover Letter, including:
a) Project title
b) Name and address of the entity submitting the bid
c) Contact person's name, mailing or street addresses, phone and fax numbers and
email address
d) Submission of the letter will constitute a representation by your firm that your firm is
willing and able to perform the commitments contained in the bid.
Completed Bid Form and Acknowledgement of Addenda
Bidders are required to submit a bid price and acknowledge any issued addenda on the
attached Appendix A.
The Borough intends to award this contract to the firm that it considers will provide the best
overall product. The Borough reserves the right to accept other than the lowest priced offer and
to reject any bids that are not responsive to this request.
Proposed Equipment
Bidders are required to provide sufficient documentation to define the equipment being provided
in this scope of work. Such documentation may include, but is not limited to detailed vendor
quote, vendor catalog sheets, general data sheets, drawings and sketches or specification and
warranty information.
4) Submittal
One original and one copy of your bid package must be received by the Office of the Borough
Finance Office no later than 3:00 P.M. (local time), May 20th 2022. Bids shall be sealed and
addressed to:
Finance Office – Room 104
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
The outside of the sealed envelope must be identified as: BAYSIDE FIRE AND RESCUE FIRE
CHIEFS’ RESPONSE VEHICLE PROCUREMENT.
Late bids and bids sent by facsimile or email will not be accepted. It shall not be sufficient to
show that the bid was mailed in time to be received before scheduled closing time, postmarks
will not be accepted.
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Invitation to Bid
Bayside Fire Chief’s Response Vehicle Procurement
Page 6 of 15
IV. TERMS AND CONDITIONS
1) Errors and Omissions
Proposers are responsible for reviewing all portions of this Invitation to Bid. Proposers are to
promptly notify the Borough, in writing, if the proposer discovers any ambiguity, discrepancy,
omission or other error in the Invitation to Bid. Any such notification should be directed to the
Borough promptly after discovery, but in no event later than seven working days prior to the
date for receipt of bids.
2) Contract
Bid shall be good for 90 days. A successful proposer will be expected to enter into a written
contract with the Kodiak Island Borough prior to the purchase of the equipment. A copy of the
standard Kodiak Island Borough Equipment Purchase Agreement is attached as Appendix B.
3) Manufacturer's Name
Any manufacturer's name, trade name, brand name, information and catalog numbers used
herein are for proposes of description and establishing general quality levels. References are
not intended to be restrictive of any products that manufacturer may offer. The determination as
to whether any alternate product or service is equal shall be made by the Kodiak Island Borough
and such determination shall be final and binding among all bidders.
4) Specifications
Any deviations from bid specifications indicated herein must be clearly stated otherwise it will be
considered that items offered are in strict compliance with the specifications, and successful
bidder will be held responsible. Deviations must be explained in detail.
5) Placing of Orders
The award of this bid does not constitute an order. Before shipments or service provided the
bidder must receive a contract approved by the Borough Assembly and signed by the Borough
Manager.
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Appendix A: Bid Form
Bayside Fire Chief’s Response Vehicle Procurement
Page 7 of 15
APPENDIX A
BID FORM
Company Name _______________________________________________________________
Representative Name ______________________________ Title ________________________
Address _____________________________________________________________________
City ___________________________ State __________ Zip Code _____________________
Phone Number _____________________ Email address _______________________________
Total cost of fire chief’s response replacement vehicle shall not to exceed 60,000 USD
this vehicle should be in the form of half ton, fully electric truck as outlined in Appendix
C. Bids should be submitted to the Kodiak Borough Offices, 710 Mill Bay Road , Kodiak
Alaska 99615:
(if differences exist between the written and printed form, the written form shall prevail)
_______________________________________________________________________dollars
(written)
$_________________
(printed)
Bidder is required to acknowledge receipt of all addenda. Provide the number and date of
each. Attach additional sheets if necessary.
Addendum Number Date
__________________ ____________
__________________ ____________
__________________ ____________
__________________ ____________
I have read and understand the requirements of this Invitation to Bid and agree to comply
except as noted below:
____________________________________________________________________________
____________________________________________________________________________
Submitted by: __________________________________ Date: _________________________
(Signature of individual listed above)
AGENDA ITEM #14.D.1.
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Appendix B: Kodiak Island Borough Equipment Purchase Agreement
Bayside Fire Chief’s Response Vehicle Procurement
Page 8 of 15
APPENDIX B
KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT`
Contract No.
THIS AGREEMENT made this by a date to be determined, between the Kodiak Island
Borough, acting by and through its Borough Manager, party of the first part, and vendor to be
named, hereinafter called the Distributor.
WITNESSETH: That the Distributor, for and in consideration of the payment or payments
herein specified and agreed to by the party of the first part, hereby covenants and agrees to
furnish a EV PICKUP TRUCK for the Kodiak Island Borough per the Specifications Appendix C
for same and for the sum of sixty thousand & 00/100 ($60,000.00) Dollars.
The Distributor further covenants and agrees that the manufacturing of said EV PICKUP
TRUCK shall be done to the complete satisfaction of the Kodiak Island Borough, subject to
inspection at all times and approval by any participating agency of the Government of the United
States of America, and in accordance with the laws of the State of Alaska and rules and
regulations of said Federal Agency.
The Distributor further covenants and agrees that the manufacturing of said EV PICKUP
TRUCK shall be done and performed in the best and most workmanlike manner and that all and
every of said materials and labor shall be in strict and entire conformity in every respect with the
Specifications. Distributor will abide by and perform all stipulations, covenants, and agreements
specified in the Contract Documents, all of which are by reference hereby made a part of this
Contract, as to all premises therein. In the case of any said materials or labor shall be rejected
by the Borough Manager or his assistant or authorized representative, as defective or
unsuitable, then the said materials shall be removed or replaced with other approved materials
and the said labor shall be done anew to the satisfaction and the approval of the Borough
Manager or his representatives, at the cost and expense of the Distributor.
To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of,
indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials,
employees and volunteers and others working on behalf of the Kodiak Island Borough against
any and all claims, demands, suits or loss, including all costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the Kodiak Island
Borough, its elected and appointed officials, employees, volunteers or others working on behalf
of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death
and/or property damage, including loss of use thereof, which arises out of or is in any way
connected or associated with this Agreement.
The agreement entered into by the acceptance of the Distributor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and if not attached, are to be treated as attached.
1. Agreement
2. Invitation to Bid
3. Specifications
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Appendix B: Kodiak Island Borough Equipment Purchase Agreement
Bayside Fire Chief’s Response Vehicle Procurement
Page 9 of 15
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or inconsistency shall be resolved upon the basis of the numerical order. The document
or documents assigned the small number or numbers being controlling over any documents
having a larger number in the numerical order set forth above.
The Distributor further covenants and agrees that said EV PICKUP TRUCK shall be furnished
and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before
September 30th, 2022 (or date agreed upon by Distributor and Borough). It is expressly
understood and agreed that in case of the failure on the part the Distributor for any reason,
except with the written consent of the Borough Manager, to complete the furnishing and delivery
of said EV PICKUP TRUCK before the aforesaid date, the party of the first part shall have the
right to deduct from any monies due or which may become due the Distributor, or if no monies
shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($
100) per day for each and every calendar day elapsing between the time stipulated, and the
actual date of delivery in accordance with the terms thereof: said deduction to be made, or said
sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon
receipt of written notice from the Distributor of the existing causes over which said Distributor
has no control and which must delay the delivery of EV PICKUP TRUCK, the Borough Manager
may at his discretion, extend the period herein before specified for the delivery of the said EV
PICKUP TRUCK, and in such case the Distributor shall become liable for said liquidated
damages for delays commencing from the date on which said extended period shall expire.
The Distributor hereby agrees to receive the prices set forth in the proposal as full
compensation for delivering the EV PICKUP TRUCK to complete said Agreement to the
satisfaction of the Borough Manager.
It is further distinctly agreed that the Distributor shall not assign this contract, or any part thereof
or any right to any of the monies to be paid to a third party.
Payment for services rendered under this Agreement shall be made by the Kodiak Island
Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and
invoicing by Distributor.
IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him/her vested,
has executed this contract on behalf of the Kodiak Island Borough, and the vendor to be
named have hereunto set their hands and seals, the day and year first above written.
The terms of this agreement shall be from DATES TO BE DETERMINED.
KODIAK ISLAND BOROUGH DISTRIBUTOR
By _________________________ By ________________________
Borough Manager Title:
Attest:
By _______________________________
Boroughs Clerk
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Appendix C: Specifications
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Page 10 of 15
APPENDIX C
SPECIFICATIONS
GENERAL SPECIFICATION:
It is the purpose of this specification to describe a new electric powered, All/four-wheel drive,
crew cab, trailer tow package of the manufacturer's latest current model and design.
Unit shall include all standard equipment and accessories as advertised in manufacturer's
specification sheet of model offered, unless otherwise specified herein.
APPLICATION:
General standard Electric pickup vehicle application.
TYPICAL UNITS:
Ford F-150 EV or Chevrolet Silverado EV pre-approved equivalent provided all the following
minimum specifications are met.
1.0 POWER TRAIN:
1.1 Motor:
1.1.1 Dual eMotor – Standard- Range Battery of 300 mile range minimum
1.1.2 Pro (110)
1.1.3 110-volt AC power cords for battery to be plugged into waterproof, 110-volt AC.
1.1.3.1 All wiring to be adequately secured and protected in a loom or similar
protection.
2.0 DRIVE TRAIN:
2.1 Transmission:
2.1.1 Power shift at least six speeds, forward and reverse.
2.2 Axles:
2.2.1 4-wheel drive
3.0 CHASSIS:
3.1 Operating weight half ton
3.2 Crew cab, four door 5 ½ foot bed
3.3 Tires:
3.3.1 To be 275/65R 18 All-terrain (A/T) Tires or equivalent
3.3.2 Spare Tire with Mounted Wheel: To be same as above with mounted wheel
3.4 Tow package w/ tow technology package or equivalent
3.5 Bedliner
4.0 ELECTRICAL SYSTEM:
4.1 Master electrical switch to cut off all power source from battery to starter and remainder of
electrical system with full factory warranty i.e. 8 to 10 years or 100,000 miles.
4.6 Lighting System:
4.6.1 Standard OEM
5.0 CAB:
5.1 Standard OEM
5.2 Recirculating personnel heater (Minimum 30,000 BTU) and defroster(s). Defroster(s) to be
zoned to windshield wiper area(s), minimum.
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5.3 Front window wipers and washers. Wiper motors to be highest capacity available from
OEM. To include OEM intermittent feature on front minimum.
5.4 Sun visors.
5.5 Operator’s Seat: 6-way adjustable, cloth or cloth/vinyl covered, suspension type with seat
belt.
5.6 Lockable doors.
5.7 Mirrors: To include an LED Side-view mirror spotlights, heated, power glass with turn
signal
5.8 Horn
5.10 To include OEM air conditioning.
6.0 INSTRUMENTATION:
6.1 All gauges as noted below shall read in U.S. units of measure (not metric) at time of
delivery.
6.2 Gauges and/or indicators, OEM
6.3 Navigation System
6.4 Forward Collision warning
7.0 MISCELLANEOUS:
7.1 Key FOB
7.1.1 Three (3) sets of keys, minimum, to be provided.
7.2 Backup Alarm: Electronic,
7.3 Fire decals and emergency lighting to be installed by outside vendor.
7.4 Warranty: Standard warranty.
7.5 Paint: Manufacturer’s standard Red Metallic paint.
7.6 Publications:
7.6.1 To include parts, service, and operator's manuals.
7.7 Final price to be FOB Kodiak, Alaska
SPECIAL TERMS AND CONDITIONS
8.0 DELIVERY:
8.1 Pre-delivery service: Prior to delivery, each vehicle, piece of equipment or attachment
shall be serviced and inspected by the dealer or his agent. A certification of this inspection
must include the following (as applicable to the type of equipment):
8.1.1 Dealer and vehicle identification
8.1.2 Check-off of service and inspection performed including a list of all fluids
including type, weight and specification that are in the equipment as delivered for
all fluid compartments.
8.1.3 The vehicle’s differential and transmission, and other fluid compartments shall be
filled to the manufacturer’s recommended capacity.
8.1.4 Battery system shall be charged to at least register a full on the gauge, unless
restricted by the commercial carrier, when vehicle arrives at the delivery location.
8.1.5 The vehicle shall be clean and free from defects when delivered and should be
ready for immediate and continued use upon delivery.
8.1.6 Units delivered in an incomplete state, or that have deficiencies per the
specification, are subject to the damage charges as noted in paragraph below.
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Appendix C: Specifications
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9.0 DAMAGES FOR LATE DELIVERY AND NON-CONFORMING GOODS:
9.1 In the event that the goods are delivered late or in the event that the goods do not conform
in all material respects to the contract specifications, the Borough shall be entitled to offset
against the Contract Price, as liquidated damages and not as penalty, an amount equal to:
$380 per day,
9.1.2 Multiplied by the number of days elapsing between the delivery date provided in
the specifications and the date that conforming goods are delivered to the
Borough. The number of days for which liquidated damages shall apply shall
include, in the case of non-conforming goods, the time reasonably necessary for
the Borough to inspect the goods.
10.0 WARRANTY:
10.1 Standard Warranty Package: Unless otherwise stipulated by this contract, the contractor
will provide an 8 to 10 year (96 to 120-month) full (100%) warranty.
10.1.1 Full (100%) Parts and Labor Warranty Coverage of all components for the full
factory warranty, from the date the unit is placed in service.
10.1.2 Full Warranty Coverage includes all cost of labor, parts, freight of parts or
associated tools, transportation and travel, lubricants, miscellaneous cost, etc., to
place the unit in like-new condition.
10.1.3 Should the manufacturer’s standard warranty exceed the minimum Borough
warranty requirements, the manufacturer’s warranty will run in conjunction with
and enhance the Borough’s warranty, then continue for the remainder of its term.
10.2 General Warranty Requirements for all Equipment:
10.2.1 Warranty Exceptions:
10.2.1.1 For clarification, warranty does not apply to normal wear and tear or
maintenance items, accident damages, misuse of equipment or failure
to operate or maintain equipment as prescribed by
vendor/manufacturer.
10.2.2 Warranty on Attachments: Same as Standard Warranty Package.
10.2.3 In-Service Date:
10.2.3.1 Warranty on vehicles not placed in service immediately upon receipt
because of time lag to construct body components and/or installation
of special equipment, or due to seasonal usage or other delay, shall
be warranted from the date the vehicle is placed in service. The
receiving agency shall notify the vendor/manufacturer in writing of the
actual "in service" date. Notification of the requirement for delayed
warranty will be provided on delivery orders whenever possible.
10.2.4 Authorized Warranty: For the purpose of this contract, the contractor must meet
the following applicable requirements:
10.2.4.1 Contractor must:
10.2.4.1.1 possess a current Alaska Motor Vehicle Dealer License
pursuant to AS 08.66.010 through AS 08.66.090, when
offering motor vehicles, trailers or semi-trailers, and.
10.2.4.1.2 be a manufacturer(s) authorized warranty service dealer
for the unit, a minimum of one year, and.
10.2.4.1.3 have the capability of providing warranty servicing and
repair work within the State of Alaska, with an authorized
warranty repair facility in Anchorage or Fairbanks, as a
minimum.
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Appendix C: Specifications
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10.2.4.2 Contractor, if appropriate, shall submit the name, address, Alaska
business license of any subcontractor who will provide the warranty
servicing and repair work referenced in paragraph 14.1 above. The
contractor must also provide contractual documentation or
agreements with the subcontractor ensuring the Borough that the
subcontractor will provide complete contract performance on behalf of
the contractor as set forth in the Bid and verification that the work
provided will maintain manufacturer’s warranty requirements.
10.2.4.2.1 Approval of all subcontractors must take place prior to the
bid opening.
10.2.4.2.2 The use of a subcontractor does not exclude the
provisions as noted in paragraphs 13.2.4.1, and
subsequent paragraphs, as requirements to the contractor.
10.2.5 Warranty Claims:
10.2.5.1 Warranty will be provided at the unit’s assigned (in-service) location.
Because of the remote location of some equipment, it is not always
practical to deliver equipment to authorized warranty repair facilities.
In these cases, the contractor may perform warranty work at the
Borough's location or, the Borough, at its discretion, reserves the right
to perform the warranty work and be reimbursed by the vendor.
10.2.5.2 The Borough has established a warranty procedure whereby the
contractor is to be notified via letter, fax, email, etc. that warranty work
needs to be performed. If time is of the essence, a telephone call
confirmed by one of the above written procedures may be utilized.
The contractor must notify the Borough immediately that it will begin
to perform the warranty work at the equipment location within 48
hours from receipt of written notification. The Borough may, at its
discretion, proceed to make warranty repairs with its own work force
in the case of emergency situation or to preclude excessive downtime
(greater than 48 hours).
10.2.5.3 Failure to notify the Borough, that the contractor intends to begin to
perform warranty work promptly under this paragraph, by the end of
the business day following the Borough’s notification that work is
required to be performed, is considered a contractual breach.
10.2.7 Factory Recall:
10.2.7.1 Nationwide factory recall or product update programs are the
responsibility of the contractor and/or manufacturer. Because of the
remoteness of some equipment this is not always practicable or
economical. In such cases, factory recall and modification work will be
handled the same as warranty work. Factory recall notices sent to the
Borough should, in addition to serial number, include model, year, and
dealer from who purchased.
11.0 PUBLICATIONS:
11.1 To include service, parts and operator’s manuals.
11.2 All manuals are to be pre-assembled in factory binders prior to delivery.
11.3 Publications are to be received by the Borough not later than 30 days after delivery of the
unit. Delivery will not be considered complete until the publications for each unit have been
received by the Borough.
11.4 Service Manuals:
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11.4.1 Complete set(s), paper books and compact disc if available to include applicable
information covering prime unit and attachments:
11.4.1.1 Body, chassis, and electrical
11.4.1.2 Motors, transmission, and differential(s) (service and rebuild)
11.4.1.3 Electrical and Vacuum troubleshooting
11.4.1.4 Wiring diagrams
11.4.1.5 Service specifications
11.5 Parts Manuals:
11.5.1 Complete set(s), paper books and electronic format if available to include prime
unit and attachments, including updates. If updates are not provided during the
one-year warranty period, the Borough will order them from the manufacturer and
bill the contractor for the full cost, including shipping.
11.5.2 Parts manuals are to be customized by serial number.
11.6 Operator’s Manuals: Complete set(s) to include prime unit and attachments.
11.7 Quantities: Publications, when required, will be ordered on the same Purchase Order as
the unit itself.
11.8 Manuals: To be delivered to, and receipt signed by person(s) as noted on the Purchase
Order.
11.9 Service Bulletins, etc.:
11.9.1 The contractor must provide appropriate service bulletins, technical support
bulletins, service letters, product support bulletins, and/or any other information
type notifications that are sent out to the contractor or used by the manufacturer
in the maintenance and report of the vehicle, equipment or attachments being
provided. The intent of this clause is that the Borough be provided notification of
any and all changes or improvements that may affect the maintenance, reliability,
longevity, and safety of our equipment.
11.9.2 This information will be provided as soon as possible to person(s) as noted on
the Purchase Order.
12.0 INSPECTIONS:
12.1 The Borough's inspection of all materials and equipment upon delivery is for the sole
purpose of identification. Such inspection shall not be construed as final or as acceptance
of the materials or equipment if materials or equipment do not conform to contract
requirements. If there are any apparent defects in the materials or equipment at the time of
delivery, the Borough will promptly notify the contractor thereof. Without limiting any other
rights of the Borough, the Borough at its option, may require the contractor to:
16.1.1 Repair or replace at contractor's expense, any or all the damaged goods,
16.1.2 refund the price of any or all the damaged goods, or
16.1.3 accept the return of any or all the damaged goods.
12.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or
removing or replacing any or all the defective materials or equipment will be charged
against the contractor.
13.0 REPLACEMENT PARTS:
13.1 The Borough shall expect the dealer or manufacturer to provide replacement wear parts to
the Borough’s facilities within two (2) working days of order. All other parts must be
available within ten (10) working days.
13.2 Back-order procedures: Back orders are acceptable; however, the ordering shop shall be
apprised at time of original orders as to the expected delay in delivery.
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13.3 Warranty: All products supplied by the contractor shall be warranted against defects in
materials and workmanship for the full factory warranty, commencing at the time of
installation if the installation is within 12 months of purchase. The cost of any defective
product and the labor required to replace the defective product shall be the obligation of
the contractor.
13.3.1 If the manufacturer’s warranty exceeds the stated warranty, then manufacturer’s
warranty supersedes.
13.3.2 Parts Return: Within 12 months of purchase the Borough is to be allowed to
return new parts with full refund fewer shipping charges.
13.3.3 Invoicing: Full description of item is required on all invoices, packing lists and
billings.
AGENDA ITEM #14.D.1.
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KODIAK ISLAND BOROUGH
MeetingType: v, Date: q)
Please PRINT your name legibly Please PRINT your name legibly
Cb�
Regular / Special
Convened: (0'. �'2 0 011V
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Date:
Recessed:
Reconvened:
Adjourned:
BY:
SECOND:
BY: 4
SECOND:6b
BY: �k
SECOND:
BY: S
SECOND: L
� BY: �
SECOND: (�
YES
NO
YES
NO YES NO
YES NO
YES NO
Mr. Arndt
V
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Delgado
Mr. Delgado
Mr. Delgado
Mr. Delgado
Mr. Delgado Skv
Mr. Griffin
.
Mr. Smiley
miler.
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Mr. SmithVL
Mr. SmitK
Mr. Smith
Mr. Smith V
Mr. Smith
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Ms. Williams
Ms. Williams
Ms. Williams
Ms. Williams
Ms. Williams V
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL:
TOTAL:
TOTAL:
TOTAL:
TOTAL:
EC)
The mayor may pot vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Roberts
I V
I
Mayor Roberts
Mayor Roberts
Mayor Roberts7-
1
Mayor Roberts
1
I
L—
• Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3
Reconsideration on the same day, suspension of rules, limit of extend debate, previous question
• Majority vote is majority of the membership (quorum). Point of Order and Recess.
/ Spec al KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
g
ular V
Re i Date: O ��
Convened:
Recessed:
Reconvened:
Adjourned:
BY:
SECOND:
,V
BY:
SECOND:
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BY:
SECOND:
BY: J
SECOND: t�
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BY:
SECOND:
YES NO
YES NO
YES NO YES
NO
YES
NO
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Delgado
Mr. Delgado
Mr. Delgado
Mr. Delgado
Mr. Delgado
m
Mr. Sm
Mr. Smith
Mr. Smith VMr.
Smith
Mr. Smith
Mr. Smith
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Ms. Williams V
Ms. Williams v
Ms. Williams V
Ms. Williams
Ms. Williams
WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?
TOTAL:
TOTAL:
TOTAL:
14
1
TOTAL:
I
I
I TOTAL:
The mayor may not vote except in the case where only six members of the asse
bly are present and there is a three/three
tie vote of the assembly.
Mayor Roberts
Mayor Roberts
Mayor Roberts
Mayor Roberts
Mayor Roberts
• Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3
Reconsideration on the same day, suspension of rules, limit of extend debate, previous question
• Majority vote is majority of the membership (quorum). Point of Order and Recess.
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2022, No. 30 April 22, 2022
At Its Regular Meeting Of April 21, 2022, The Kodiak Island Borough Assembly Took The Following
Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On May 5, 2022, At 6:30
p.m. In The Borough Assembly Chambers.
ADOPTED Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.145.070
Regarding Communication Tower Approval Criteria.
ADOPTED Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund
AUTHORIZED Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Services
During Construction For The Landfill Stage 3 Closure Project In An Amount Not To Exceed $25,000
ADVANCED Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section 2.30.020
General Rules By Removing The Provisions That Pertain To Declaration Of A Disaster Or Emergency
To Public Hearing At The Next Regular Meeting Of The Assembly
AUTHORIZED Fire Protection Area No. 1 To Move Forward With The Advertisement Of The Invitation
For Bid For Bayside Fire Station Chief's Response Vehicle Purchase