Loading...
2004-10-21 Regular MeetingKodiak Island Borough October 21, 2004 - 7:30 p.m. Ms. Gabrielle LeDoux Borough Mayor Term Expires 2004 Mr. Tom Abell Assemblymember Tenn Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2004 (2006) Mr. Tuck Bonney Deputy Mayor Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2004 Mr. Robin i/einrichs Assemblymember Term Expires 2004 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblyrnember Term Expires 2005 Mr- Pat Carlson SCreugh rsogcr Ms. Judith A. Nielsen @ .Q 4 rough Clerk tough Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of August 19 and September 2, 200 6. AWARDS AND PRESENTATIONS A. Longevity Award. B. Employee of the Quarter. C. Presentation of Certified Municipal Clerk Designation. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers - Dr. Mollie Tevrucht B. Alaska Department of Environmental Conservation - Jeff Brownlee 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1 -800- 478 -5736) (Local Telephone Number 486 - 3231) A. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1.04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. 10. BOROUGH MANAGER'S REPORT Assembly Agenda Regular Meeting Assembly Chambers 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenda Page 1 12. UNFINISHED BUSINESS A. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. B. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage ti Kodiak. 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY 2005 -07 Ratifying and Certifying the Results of the Municipal Election Held October 5, 2004. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -08 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series B in the Principal Amount of Not to Exceed $11,050,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. D. OTHER ITEMS 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 2. Disposal of Onion Bay Property. 3. Oath of Office to Newly- Elected Assembly Members. 4. Oath of Office to Newly - Elected Mayor. 5. Presentation to Out -Going Assembly Member. 6. Presentation to Out -Going Mayor. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of July 21 and August 18, 2004; and Special Meeting of July 21, 2004. 2. Womens Bay Service Area Board Regular Meetings of May 10, June 7, and July 19, 2004. 3. Kodiak Island Borough School District Board of Education Regular Meeting of August 30 and Special Meetings of September 13 and16, 2004. B. REPORTS 1. Kodiak Island Borough September 2004 Financial Report. 15. CITIZEN COMMENTS 16. ASSLMr3LY IVIEIVIBER COivIIVIEN T S 17. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assert 1" Chambers. Kodiak Island Borough October 21, 2004 Assembly Ag P' Kodiak Island Borough Ageflda AsseflthtY October 2 1, 2 004 - 7:30 p• Ms. Gabrielle LeD Borough m Term Expi 2004 Mr. To Abell Term r e u blhembe Tenn ExpireS 2005 MAsse b Anderson em Terr E &me xpire 2 004 (20061 Mr. rue DePuty is Bonney Ass emb, 8 e or Term ExPlres 2005 Ms. ear Brans Ter EXpm es m2004 Mr. Ra Ass bra / yeinrichs Terms EXP!nes 2004 M A s s e ac// Re nneY Terr � / v . nney Ei rlorres 2 Ms. /Van Ars 0 Y Wells yr Terr E xp es 2005 Mr. p a kJ, Carlson `/h Manager Ms _ Bo s • r A. Nielsen v 9h Clerk 111 Is Island Borough ce der 21, 2004 Assembly Chambers Regular Meeting m. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station El. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL q APPROVAL OF AGENDA MINUTES September 2, s of August 19 and 5 APPROVAL OF M Borough Assembly Regular Meeting A. Kodiak Island 04 6. AWARDS AND PRESENTATIONS A. Longevity Award. B. Employee of the Quarter. C Presentation of Certified Municipal Clerk Designation. a 7, CITIZENS' COMMENTS (Limited to Three Minutes per Spe aker) man ,_ (^^' A. Agenda Items Not Scheduled for Public Hearing and 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers - g Alaska Department of Environn 9. PUBLIC HEARING (Limited to Five N (Toll Free Telephone Number 1 -800 -4 3231) A. Ordinance No. FY 2005 -07 An Ordinances Title 1 General Pro Section 1.04.030 Definitions Chapter 2.15 Borough Chapter 2.16 Borough Assembt, Section 2.16.0560 Declari1 g and n Fi n ace Ch 3.1 S eance Chapter 3.16 Contract, Order „ , � � Change nn Section �• ��• �-- 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenc Page 12. UNFINISHED BUSINESS Kodiak Island Borough October 21, 2004 A. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. B. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage 1 Kodiak. 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY 2005 -07 Ratifying and Certifying the Results of the Municipal Election Held October 5, 2004. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -08 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series B in the Principal Amount of Not to Exceed $ 11,050,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. D. OTHER ITEMS 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. 2. Disposal of Onion Bay Property. 3. Oath of Office to Newly- Elected Assembly Members. 4. Oath of Office to Newly- Elected Mayor. 5. Presentation to Out -Going Assembly Member. 6. Presentation to Out -Going Mayor. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of July 21 and August 18, 2004; and Special Meeting of July 21, 2004. 2. Womens Bay Service Area Board Regular Meetings of May 10, June 7, and July 19, 2004. 3. Kodiak Island Borough School District Board of Education Regular Meeting of August 30 and Special Meetings of September 13 and16, 2004. B. REPORTS 1. Kodiak Island Borough September 2004 Financial Report. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assemk Chambers. Assembly Agenda Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 19, 2004 A regular meeting of the Kodiak Island Borough Assembly was held August 19, 2004 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Mike Anderson, Robin Heinrichs, and Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. HEINRICHS moved to excuse Assemblymembers Tuck Bonney, Pat Branson, and Cecil Ranney, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES DRAFT A. Kodiak Island Borough Assembly Special Meeting of June 24, Regular Meeting of July 15, and Special Meeting of July 29, 2004. HEINRICHS moved to approve the minutes as submitted, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Lifesaving Awards Mayor LeDoux presented "Life Saving Awards" to Sarah Blondin, Tyson Patterson, Bryan Gilbert, Julia Becker, Amy Barns, and Wade Hall, thanking them for their quick actions and efforts in aiding a young man who was drowning in Lake Gertrude. B. Proclamation - Kodiak Island Borough Family Week Mayor LeDoux proclaimed April 25 -29, 2005 as "Kodiak Island Borough Family Week" encouraging the school district, organizations, and the family community to recognize the importance of strong family connections. Val Miller of Faith Resources Unlimited accepted the proclamation. CITIZENS' COMMENTS Tess Dietrich said her dog was trapped at the Brechan's asphalt plant in Bells Flats and had to be given euthanasia. She felt it could have been prevented if the plant had adequate fencing and said a child could have ended up in the same situation. She asked the Assembly to assess the situation. Kodiak Island Borough Assembly Minutes August 19, 2004 Page 1 Sarah Thayer phoned in support of Ordinance No. 2004 -14. David Colwell spoke in support of Tess Dietrich and asked the Assembly to look at the open tar pit to avoid future casualties. COMMITTEE REPORTS - None. PUBLIC HEARING A. Ordinance No. 2004 -14 Placing a Ballot Measure Before the Voters at the October 5, 2004 Regular Municipal Election That, If Passed by the Voters, Would Exempt the Borough's Municipal Officers and Candidates for Elective Office of the Kodiak Island Borough from the Requirements of the State of Alaska Public Officials Financial Disclosure Law. HEINRICHS moved to adopt Ordinance No. 2004 -14, seconded by ABELL Manager Carlson said Alaska Statutes 39.50.145 provided that a municipality may exempt its municipal officers from the Alaska Public Officials Financial Disclosure Law if a majority of the voters voting on the question at a regular election vote to exempt its municipal officers. Assemblymember Abell said the voters failed this twice before and he felt the finances of elected officials was public information. Assemblymember Wells said the disclosure law was in place for a reason and supported maintaining the status quo. Assemblymember Heinrichs said the State should have a repository to file disclosure statements. He suggested writing a letter to APOC and having a conversation with Mark Hickey to lobby for this. Mayor LeDoux called for public testimony; seeing and hearing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Abell, Anderson, Heinrichs, Wells BOROUGH MANAGER'S REPORT Manager Carlson reported on the Exxon Valdez Oil Spill grant that the Borough administered regarding landfill and household hazardous waste. He said the Department of Environmental Conservation (DEC) had a proposal before them to withdraw the balance of the grant. He would speak to the Council on Monday regarding the positive aspects of the grant. He said the formal process for the Trinity Islands final assessment was moving forward. He said the drive way to the Sawmill property was being brought up to the State standards to prepare it for sale. He was working on acquiring some patents for the Pillar Creek area and the Eagle Harbor tracts. He received a notice of violation from DEC on the Landfill and he was reviewing the procedural aspects to address the issue. In response to Mayor LeDoux, he said the fiber optic cable would bring better access to the community including marketing, the stock market, value -added fish, and other opportunities. This would also be open to the Kenai Peninsula and would be a key link to a statewide system. Kodiak Island Borough Assembly Minutes August 19, 2004 Page 2 MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux was excited about the fiber optic cable as a tremendous economic benefit to Kodiak. She was sorry about Tess Dietrich's loss and wanted to discuss the fencing issue at the next work session. She said the life - saving awards were appropriate and was pleased to see young people helping others. She agreed with the Assembly's failure to adopt Ordinance 2004 -14. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -40 Kodiak Fisheries Research Center (KFRC) Janitorial Services. WELLS moved to award Contract No. 2004 -40 to All Action Cleaning in an amount not to exceed the base bid price of $40,600, seconded by HEINRICHS Manager Carlson said this would award the custodial contract for janitorial services at the KFRC. The Engineering and Facilities Department received four bids and recommended awarding the contract to All- Action Cleaning. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell 2. Contract No. 2004 -43 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District. WELLS moved to award Contract No. 2004 -43 with Providence Kodiak Island Counseling Center for Counseling Services to the Kodiak Island Borough School District in an amount not to exceed $381,350, seconded by HEINRICHS Manager Carlson said this would allow the Manager to execute a contract with Providence Counseling Center for counseling services to the School District during the next school year. The new director, Scott Selby, worked with the School District to determine the programs'. scope and requirements to ensure quality service within the budgeted amount. Assemblymember Wells said this was a valued service to the community and was also a model program in the State. She fully supported the contract and felt this type of service made Kodiak a good place to live. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $6,210,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation a New School Pool 6 -Lane, 1 Diving Board; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. Kodiak Island Borough Assembly Minutes August 19, 2004 Page 3 ABELL moved to adopt Ordinance No. FY 2005 -04 in first reading to advance to public hearing on September 2, 2004, seconded by HEINRICHS Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the construction of a new pool facility. The school district identified the area between the high school and Armory to build the facility with an estimated cost of $6,210,000. This would facilitate the recovery of the existing pool space for athletic programs relieving space for voc -ed programs which would minimize the bond cost of addressing needs at the high school. Assemblymember Wells recognized that no one wanted their taxes raised; however, she said it was important to provide swimming lessons and saving even one child from drowning made the pool worthwhile. Assemblymember Abell said Kodiak needed a place for family activities and he was happy to see this come together. Assemblymember Heinrichs said the committee had the vision to incorporate the needs of the community and he was pleased with the outcome. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Heinrichs 2. Ordinance No. FY 2005 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $4,190,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements Including Without Limitation the Kodiak High School Voc Ed /Classroom Reclamation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. WELLS moved to adopt Ordinance No. FY 2005 -05 in first reading to advance public hearing on September 2, 2004, seconded by ABELL Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the remodel of the high school to increase the amount of voc ed classroom space. The school district estimated the cost to be $4,190,000 and identified two design scenarios based on whether or not the pool bond was approved. Assemblymember Abell said this would take advantage of state instead of doing the work at full cost to the community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Wells to Assemblymember Wells said seismic studies would occur prior to any work and she felt this was a very well thought out plan. Assemblymember Heinrichs was pleased to see this project that would remodel the high school to reclaim vocational spaces that were lost over time. reimbursement Heinrichs, 3. Ordinance No. FY 2005 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,805,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the Kodiak Island Borough Assembly Minutes August 19, 2004 Page 4 North Star Elementary Addition (6 Classrooms); and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. HEINRICHS moved to adopt Ordinance No. FY 2005 -06 in first reading to advance to public hearing on September 2, 2004, seconded by WELLS Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the addition of six new classrooms at North Star Elementary School. This would facilitate future student growth increased use of the facility as an evacuation center for the north end of Kodiak. The school district estimated the cost to be $2,805,000. Assemblymember Abell said this would especially accommodate the need for special education classrooms. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell D. OTHER ITEMS 1. Purchase of Scott Air -Paks for Womens Bay Volunteer Fire Department. HEINRICHS moved to approve the purchase of 16 Scott Air -Paks for Womens Bay Fire Station from Eagle Enterprises, Inc. of Anchorage, Alaska in an amount not to exceed the base bid price of $27,468, seconded by ABELL Manager Carlson said this authorized the expenditure of Homeland Security Grant funds for air -paks for emergency responders at the Womens Bay Volunteer Fire Department. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson 2. Appointment to the Service Area No. 1 Board. ABELL moved to appoint Ed Mahoney to the Service Area No. 1 Board for a term to expire October, 2005, seconded by WELLS Clerk Nielsen said Ed Mahoney was the only applicant for this seat that would expire October 2005. Charlie Lorenson, Service Area No. 1 Board chair, on behalf of the Board, asked the Assembly to move forward with the appointment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Heinrichs, 3. Acceptance of a NOAA Grant for a Gulf of Alaska Hydrographic Survey. WELLS moved to accept the NOAA grant in the amount of $2,473,694 for a hydrographic survey of the fiber optic route from Anchorage to Kodiak via Cook Inlet, seconded by ABELL Manager Carlson said this would authorize the grant agreement with NOAA to facilitate the Assembly's Strategid Plan to ensure that Borough citizens had access to high quality telecommunications. Kodiak Island Borough Assembly Minutes August 19, 2004 Page 5 Assemblymember Heinrichs felt fiber optics would expand opportunities for Kodiak. Manager Carlson saw this gaining momentum and said AT &T representatives would travel to Kodiak to do a survey. Mayor LeDoux said the Assembly's lobbying trip to Washington DC was time well spent. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Heinrichs, Wells CITIZEN COMMENTS Casey Janz, Planning and Zoning Commissioner, invited the Assembly to join the Commission in their discussion on the mobile home park section of the code. She looked forward to the formation of a Gravel Task Force in Kodiak. As a private citizen, she said she was in support of the proposed new pool. Iver Malutin phoned to ask for an update on the Anton Larsen Bay boat ramp. He was glad to see the fiber optic grant award accepted. In response, Manager Carlson said the boat ramp needed to be redesigned. He would continue to work with the Corps of Engineers for approval and permits. Cheryl Boehland thanked the Assembly for failing Ordinance 2004 -14. ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated the Life Saving Award recipients. He was pleased to see the Kodiak Family Week proclamation. He said the bond committee completed their work and this was a unique time to take advantage of the 60% State reimbursement. He looked forward to the new fiber optics. He asked Manager Carlson to brief the Assembly on DEC's notice of violation at the next work session. Assemblymember Anderson was honored to be appointed as an Assemblymember. Assemblymember Wells congratulated the parents of the Life Saving Award recipients. She asked everyone to drive carefully as school would start soon. She wanted the Assembly to review the fencing ordinance. Assemblymember Abell congratulated the Life Saving Award recipients. He concurred with Assemblymember Wells about reviewing the fencing ordinance. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, August 26 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, September 2 at 7:30 p.m. in the assembly chambers. She announced that the primary election would be held Tuesday, August 24 and voters could vote absentee in the Borough Clerk's office through August 23. Kodiak Island Borough Assembly Minutes August 19, 2004 Page 6 EXECUTIVE SESSION A. Matters That the Immediate Public Knowledge of Which Would Tend to Affect Adversely the Finances of the Borough Regarding: 1. The Borough's Bidding Process. HEINRICHS moved to convene into executive session to discuss the Borough's bidding process, a matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough, seconded by WELLS Manager Carlson said it was up to the Assembly if there was a need to convene into executive session. Assemblymember Anderson saw no need to convene into executive session as he was familiar with the code and would declare any needed conflict of interest. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell 2. The Borough's Interests in Tract A of Bells Flats Subdivision. HEINRICHS moved to convene into executive session to discuss the Borough's interests in Tract A of Bells Flats Subdivision, a matter that the immediate public knowledge would tend to affect adversely the finances of the Borough, seconded by WELLS Assemblymember Heinrichs requested background information in a memo form before further discussion of this subject. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson ADJOURNMENT With no objection, the mayor adjourns the meeting at 9:10 p.m. ATTEST: Gabrielle LeDoux, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 19, 2004 Page 7 A regular meeting of the Kodiak Island Borough Assembly was held September 2, 2004 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sargent Major David Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Robin Heinrichs, Cecil Ranney, and Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA B. Payroll Week Proclamation CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Special Assembly Meeting September 2, 2004 DRAFT HEINRICHS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None. AWARDS AND PRESENTATIONS A. Fetal Alcohol Syndrome Awareness Month Mayor LeDoux proclaimed the month of September as "Fetal Alcohol Syndrome Awareness Month" to promote awareness of the effects of prenatal exposure to alcohol, to increase compassion for those individuals so affected, to minimize further effects, and to ensure healthier communities across Alaska. Assemblymember Wells accepted the proclamation and encouraged everyone to educate themselves regarding the effects of alcohol to pregnant women. Mayor LeDoux proclaimed September 5 -11, 2004 as "Payroll Week" in honor of Kodiak Island Borough Accounting /Payroll Technician Sharon Kennedy and all employees who work in the payroll profession. Doug Letch Kodiak Football League board member, thanked the Assembly for continuing to support the League and invited them to the game on Saturday. COMMITTEE REPORTS A. KIBSD General Obligation Bonds Power Point Presentation Norm Wooten, KIBSD Board of Education member, presented the General Obligation Ronda Power Pai r tat. Assemblymember Branson thanked Mr. Wooten for the presentation and the Bond Committee for their hard work. Assemblymember Heinrichs said the SWAMC Board discussed the returned uncashed checks from the mitigation distribution. He would provide more information soon. Kodiak Island Borough September 2, 2004 Assembly Minutes Page 1 In response to Assemblymember Branson, he said many communities volunteered to give additional membership dues and SWAMC decided to put out the idea to other communities. PUBLIC HEARING A. Ordinance No. FY 2005 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $6,210,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation a New School Pool 6- Lane, 1 Diving Board; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. HEINRICHS moved to adopt Ordinance No. FY 2005 -04, seconded by BRANSON BRANSON moved to amend Ordinance No. FY 2005 -04 by substitution to renumber from Proposition No. 2 to Proposition No. 1, seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney, Wells Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the construction of a new pool facility. The school district identified the area between the high school and Armory to build the facility with an estimated cost of $6,210,000. This would facilitate the recovery of the existing pool space for athletic programs relieving space for voc -ed programs which would minimize the bond cost of addressing needs at the high school. At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 04, under Section 3 by changing the words: "thirty percent (30 %)" to: "sixty percent (60 %) ", seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell Mayor LeDoux opened the public hearing. Barbara Williams thanked Norm Wooten for the presentation and Bob Tucker for his consideration in the bond committee process. Mayor LeDoux closed the public hearing. Assemblymember Branson said it was a great opportunity for the public to vote on a new pool with handicap access. She thanked the bond committee for their hard work. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY : Bonney, n-..- Wells, Abell dr+♦-7cret n BL G++JVll, Heinrichs, Ranncy, rr�a +u Abell, ♦ •••• •• B. Ordinance No. FY 2005 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $4,190,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the Kodiak High School Voc Ed /Classroom Reclamation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. Kodiak Island Borough Assembly Minutes September 2, 2004 Page 2 HEINRICHS moved to adopt Ordinance No. FY 2005 -05, seconded by BRANSON WELLS moved to amend Ordinance No. FY 2005 -05 by substitution to renumber from Proposition No. 3 to Proposition No. 2, seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Welts, Abell, Anderson, Bonney Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the remodel of the high school to increase the amount of voc ed classroom space. The school district estimated the cost to be $4,190,000 and identified two design scenarios based on whether or not the pool bond was approved. At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 05, under Section 3 by changing the words: "thirty percent (30 %)" to: "sixty percent (60 %) ", seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Heinrichs, Ranney, Welts, Abell, Anderson, Bonney, Branson Mayor LeDoux opened the public hearing; seeing and hearing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney, Branson, Heinrichs C. Ordinance No. FY 2005 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,805,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the North Star Elementary Addition (6 Classrooms); and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. WELLS moved to adopt Ordinance No. FY 2005 -06, seconded by BRANSON BRANSON moved to amend Ordinance No. FY 2005 -06 by substitution to renumber from Proposition No. 4 to Proposition No. 3, seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Bonney, Branson, Heinrichs, Ranney Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the addition of six new classrooms at North Star Elementary School. This would facilitate future student growth increased use of the facility as an evacuation center for the north end of Knriiak The anhnnl dictrint cchimated the at to be 2 $ ❑nC 000 y u , v , „� At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 06, under Section 3 by changing the words thirty percent (30 %) to sixty percent (60 %), seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney, Wells Kodiak Island Borough Assembly Minutes September 2, 2004 Page 3 Mayor LeDoux opened the public hearing. Scott Arndt said it was poor management to bond for 20 years. He was concerned about the maintenance costs on the new buildings. Mayor LeDoux closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell After an 8- minute recess; Mayor LeDoux reconvened the meeting at 8:43 p.m. BOROUGH MANAGER'S REPORT Manager Carlson had submitted his written manager's report and a report regarding Block 3, Tract A of Bells Flats Subdivision in the Assembly's mail. Assemblymember Branson thanked Manager Carlson for his written report. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux thanked Norm Wooten and the Bond Committee. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. FY 2005 -04 Requesting That per the Requirements of the National Environmental Policy Act (NEPA), the Department of Natural Resources (DNR) Shall Require a Third Party Supplemental Environmental Impact Statement (SEIS) Addressing the Current Land Use Authority Request by Alaska Aerospace Development Corporation (AADC) for Management Authority Over an Additional 14,048 Acres of State Lands Around the Kodiak Launch Complex (KLC) at Narrow Cape Area. WELLS moved to adopt Resolution No. FY 2005 -04, seconded by ABELL Manager Carlson said it was appropriate for the Assembly to request that DNR complete a third party Supplemental EIS and delay further review of AADC's current management authority request until a third party SEIS is prepared and reviewed by the appropriate entities and the public. Assemblymember Wells wanted a rational approach taken to address community concern. Assemblymember Anderson said the SEIS would address the concern. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell C. ORDINANCES FOR INTRODUCTION - None. Kodiak Island Borough Assembly Minutes September 2, 2004 Page 4 D. OTHER ITEMS 1. Purchase of a Skid Steer Loader for Baler /Landfill Operations. HEINRICHS moved to approve the purchase of a Case60XT Skid Steer Loader from Yukon Equipment in an amount not to exceed $37,000, seconded by BRANSON Manager Carlson noted the attached memo from staff addressed adequately the previous questions of the Assembly. Assemblymember Anderson was familiar with heavy equipment and said the old, similar equipment at the landfill held up very well. Assemblymember Abell thanked Manager Carlson and felt this was the best choice. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY : Branson, Heinrichs, Ranney, Wells, Abell, Anderson 2. Appointment to Board Seat on the Providence Kodiak Island Service Area Community Board. BRANSON moved to voice non - objection to the appointment of Mr. Ron Acarrequi to the board seat on the Providence Kodiak Island Service Area Community Board to expire December 2004, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Anderson, Bonney, Branson 3. Confirmation of Mayoral Appointment to the Parks and Recreation Committee for a term to Expire December 2005. BONNEY moved to confirm the mayoral appointment of Kevin Foster to a seat on the Parks and Recreation Committee for a term to expire December 2005, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney, Branson, Heinrichs CITIZEN COMMENTS - None. ASSEMBLYMEMBER COMMENTS Assemblymember election. She suggested that Assemblymember volunteerism in Bayside Volunte from his career Assemblymember would draft in about the liabi Assemblymember than raising t Assemblymembers Branson congratulated Mayor LeDoux for winning the primary served as a crossing guard with the senior citizens and other Assemblymembers may want to participate. Heinrichs said Doug Mathers was an excellent example of the community and thanked him for his 20 years of service at er Fire Department. He said Dr. Zimmer would take a break to volunteer his service abroad. H wished him we,, - ---- - --._. .._ .._....,... .aw wall. Bonney requested a copy of the letter that Manager Carlson response to DEC regarding Landfill issues. He was concerned lities and would like to see those taken care of. Anderson wanted the Borough find alternative sources other axes. He visited the landfill and suggested that other might want to check the current situation at the landfill. Kodiak Island Borough Assembly Minutes September 2, 2004 Page 5 Assemblymember Wells reminded everyone to slow down for children walking to school. She said the Health Fair would be held on Saturday, September 11 in the High School commons. Assemblymember Abell thanked Manager Carlson his written report. In response to Scott Arndt's comments, he said everyone should educate themselves on the current status of Borough buildings to have an educated vote. He said visiting the landfill was a good idea. Assemblymember Ranney said there were many activities scheduled this weekend and hoped for continued great weather. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, September 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, September 16 at 7:30 p.m. in the assembly chambers. The Borough Offices would be closed on Monday, September 6 in observance of Labor Day. EXECUTIVE SESSION A. Confidential Attorney - Client Communications Made for the Purpose of Facilitating the Rendition of Professional Legal Services to the Borough. BONNEY moved to convene into executive session to discuss Confidential Attorney - Client Communications Made for the Purpose of Facilitating the Rendition of Professional Legal Services to the Borough, seconded by WELLS ROLL CALL VOTE ON MOTION: Wells, Abell, Anderson, Bonney, Branson, Heinrichs, Ranney After the vote, Mayor LeDoux asked Manager Carlson, the Borough attorney, and the Borough Clerk's Office Staff to join in executive session and recessed the regular meeting. Upon returning from the executive session, Mayor LeDoux reconvened the regular meeting and announced that no action will be taken as a result of the executive session. ADJOURNMENT With no objection, Mayor LeDoux adjourned the meeting at 9:50 p.m. ATTEST: Gabrielle LeDoux, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes September 2, 2004 Page 6 Meeting of: October 21, 2004 Kodiak Island Borough AGENDA STATEMENT Sec. 29.20.160. Procedures of governing bodies. Sec. 29.20.260. Executive absence. ITEM NO. 9_A Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1.04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. This ordinance will amend the code in accordance with the following Alaska Statutes sections: (a) The assembly shall elect from among its members a presiding officer and a deputy presiding officer to serve at the pleasure of the members, except that in a borough that has adopted a manager form of government under AS 29.20.460 - 29.20.510 the mayor serves as presiding officer. In a city the mayor serves as presiding officer. If the presiding officer is not present or if the presiding officer is personally disqualified, the deputy presiding officer shall preside. The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the borough mayor's temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager's absence or disability. Fiscal Notes: Expenditure amount: APPROVAL FOR AGENDA: Recommended motion: Move to amend Ordinance No. FY 2005 -07 by substitution. SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2005 -07 Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/07/2004 Public Hearing: 10/21/2004 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 1 GENERAL PROVISIONS CHAPTER 1.04 GENERAL PROVISIONS SECTION 1.04.030 DEFINITIONS TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.080 EXECUTIVE ABSENCE CHAPTER 2.16 BOROUGH ASSEMBL Y SECTION 2.16.050 OATH – DEPUTY MAYOR OFFICER SECTION 2.16.060 DECLARING AND FILLING VACANCIES CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.030 TYPES OF MEETINGS TITLE 3 REVENUE AND FINANCE CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURE SECTION 3.16.100 CHANGE ORDERS – MANAGER AUTHORITY WHEREAS, the following amendments are in accordance with A.S. 29.20 .160 21,40260; Sections: Chapter 1.04 GENERAL PROVISIONS NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 1 General Provisions, Chapter 1.04 General Provisions is hereby amended as follows: 1.04.01 Grammatical interpretation. 1.04.02 Tense, number, and gender. 1.04.03 Definitions. 1.04.04 Effective dates of ordinances, resolutions, and other actions of the assembly —Time. 1.04.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough; unless the context otherwise requires: A. "Assembly" means the elected governing body of the Kodiak Island Borough; B. "Borough" means the Kodiak Island Borough; C. "Administrative official" means the individual designated by assembly resolution to act as manager during the manager's absence or disability; D. "Attorney" means the legal advisor of the governing body and other officials of the borough; E. "Clerk" means the borough clerk duly appointed by the assembly; Kodiak Island Borough, Alaska Ordinance No, FY2005 -07 Page 1 of 6 F. "Code" means the Code of Ordinances of the borough; G. "Deputy mayor srgsldlrfg, =office means the deputy presiding officer of the assembly appointed by the assembly; H. "Law" includes ordinances of the borough; I. "Manager" means the chief administrator of the borough; J. "Mayor" means the elected mayor of the borough and presiding officer of the assembly; K. "Oath" means an oath or an affirmation in all cases where by law an affirmation may be submitted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed "; L. "Owner", as applied to a building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; M. "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; N. "Registered mail" means registered or certified mail; O. "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and P. "Seal" means the corporate seal of the borough. Section 3: Title 2 Administration and Personnel, Chapter 2.15 Rules of the Assembly is hereby amended as follows: Sections: Chapter 2.15 BOROUGH MAYOR 2.15.010 Office created. 2.15.020 Qualification and election of borough mayor. 2.15.030 Oath of office. 2.15.040 Duties. 2.15.050 Assembly participation. 2.15.060 Veto. 2.15.070 Miscellaneous. 2.15.080 Executive absence. 2.15.090 Vacancy in the office of mayor. 2.15.100 Filling a vacancy. 2.15.080 Executive absence. In the mayor's absence, the deputy mayerpgi= " pgt shall preside at all regular and special meetin s and perform the duties assigned by the mayor or assembly. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 2 of 6 Section 4: Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly is hereby amended as follows: Sections: Chapter 2.16 BOROUGH ASSEMBLY 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.050 Oath -- Deputy mayerbt'(B(n ti 2.16.060 Declaring and filling vacancies. 2.16.070 Absences. 2.16.150 Ordinance - -Form. 2.16.160 Ordinance -- Adoption. 2.16.170 Resolution- -Form. 2.16.180 Resolution -- Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.050 Oath -- Deputy mayor 8 'difitakei. A. The clerk shall administer the oath of office to newly elected and certified assemblymembers on the first regular meeting date following each borough election. B. The assembly shall elect from among its members a deputy Iiiayorraiditiblailloir, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy meyer f gidiRtd bff ides is not present or disqualifies himself, the senior assemblymember present shall act as the chair. When a member of the assembly is acting as the "chair ", the member retains all privileges otherwise held as a member of the assembly. 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assemblymember's seat vacant when the assemblymember: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half (Y) of all regular assembly meetings of the assembly in a six (6) month period. B. If less than ninety (90) days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than ninety (90) days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for fourteen (14) days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than thirty (30) days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. C. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in subsection 2.17.040(A) of this title for the election of the deputy mayorpteMI&hniffi P. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 3 of 6 D. Notwithstanding B of this section, if the membership of the assembly is reduced to fewer than four (4) assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven (7) days after the quorum was reduced to less than four (4) assemblymembers. E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. Section 5: Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly is hereby amended as follows: Chapter 2.17 Sections: RULES OF THE ASSEMBLY 2.17.010 Authority. 2.17.020 General rules. 2.17.030 Types of meetings. 2.17.040 Organization and presiding officer. 2.17.050 Committees and duties. 2.17.060 Order of business and agenda. 2.17.070 Ordinances, resolutions, and motions. 2.17.075 Emergency ordinances. 2.17.080 Debate. 2.17.090 Citizens' rights. 2.17.100 Miscellaneous. 2.17.030 Types of meetings. A. Regular meeting: The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursday of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one (1) newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds (2/3) vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. B Special meetings: Special meetings may be called by the mayor, deputy mayetagretra or by three (3) members of the assembly and, except in an emergency, upon no less than twenty -four (24) hours effective notice to each member. Effective notice shall be written or oral. The notice shall indicate time, location and the purpose of the special meeting and by whom called. The calendar for a special meeting shall be as follows: 1. roll call 2. citizens' comments 3. consideration of matters in the call for the special meeting 4. adjournment Matters not included in the call for the special meeting may not be considered. Special meetings shall commence and adjourn as provided in subsection A of this section unless specifically amended. C. Adjourned or recessed meetings: If the assembly has not concluded the agenda, the time and place of the resumption of the meeting shall be announced or the items shall be carried over to the following regular meeting or taken up at a special meeting called for that purpose. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 4 of 6 D. Work sessions: The assembly may meet informally in work sessions, at the call of the mayor, deputy mayor] residint,60100, or by three (3) members of the assembly, to review forthcoming programs of the borough, receive progress reports on current programs or projects or receive other similar information from the manager, provided that all discussions and conclusions thereon shall be informal. Work sessions are public and no formal action shall be taken by the assembly. E. Executive sessions: The assembly may meet in executive session, at the call of the mayor, deputy magefjr" 1 jldift- ffie , or any four (4) members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. potential or pending litigation to which the borough may become or is a party; b. any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; or d. matters involving negotiations with labor organizations representing borough employees; e. matters which by law or ordinance are required to be confidential; f. confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. matters pertaining to personnel; and h. land acquisition or disposal. F. This section does not apply to quasi - judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. 2.17.040 Organization and deputy mayer004010011160. A. Organization: The assembly shall annually, at the November meeting, elect from its members a deputy meyer _ , if i J Mer to serve at the assembly's pleasure. B. Election of the deputy mayor . i it elfib I of the assembly shall be in the following manner: 1. as the first order of new business, nominations for deputy ffrayarbagjeindplbrfibtif shall be opened. 2. nominations may be made by any member of the assembly. 3. at the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one (1) other person, tally the ballots. The clerk shall announce the results. 4. a majority vote of the assembly shall be required for election. 5. if no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two (2) remaining and balloting shall continue until one (1) candidate is elected. C Deputy mayor w o_ i i , , The deputy mayorO[ S Si€ j? «rt sshall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy trayerrffaufnat0560 is not present, or is unable to act, the senior assemblymember present shall preside as the chair. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 5 of 6 Section 6: Title 3 Revenue and Finance, Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures are hereby amended as follows: Chapter 3.16 Sections: 3.16.010 Contract, purchase, sale, and transfer procedures. 3.16.020 Limitation on manager's authority. 3.16.030 Open market procedures. 3.16.040 Advertising for bids. 3.16.050 Processing of bids. 3.16.060 Local preference. 3.16.070 Exceptions to bidding requirements. 3.16.080 Lowest responsible bidder. 3.16.090 Requirements mandatory. 3.16.100 Change orders -- Manager authority. 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals -- Negotiated procurement. 3.16.100 Change orders -- Manager authority. The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed ten thousand (10,000) dollars. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of: A. The mayor and deputy mayorp;304:gg; B. The mayor and one (1) assembly member in the absence of the deputy mayor prai0irig 9f; C. The deputy mayerPffa j F and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy magerj4iig ATTEST: CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 6 of 6 SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2005 -07 Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/07/2004 Public Hearing: 10/21/2004 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 1 GENERAL PROVISIONS CHAPTER 1.04 GENERAL PROVISIONS SECTION 1.04.030 DEFINITIONS TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.080 EXECUTIVE ABSENCE CHAPTER 2.16 BOROUGH ASSEMBL SECTION 2.16.050 OATH– DEPUTY MAYOR SECTION 2.16.060 DECLARING AND FILLING VACANCIES CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.030 TYPES OF MEETINGS TITLE 3 REVENUE AND FINANCE CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURE SECTION 3.16.100 CHANGE ORDERS – MANAGER AUTHORITY WHEREAS, the following amendments are in accordance with A.S. 29.20.160 and A.S. 29.20.260; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 1 General Provisions, Chapter 1.04 General Provisions is hereby amended as follows: Sections: Chapter 1.04 GENERAL PROVISIONS 1.04.01 Grammatical interpretation. 1.04.02 Tense, number, and gender. 1.04.03 Definitions. 1.04.04 Effective dates of ordinances, resolutions, and other actions of the assembly —Time. 1.04.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough; unless the context otherwise requires: A. "Assembly" means the elected governing body of the Kodiak Island Borough; B. "Borough" means the Kodiak Island Borough; C. "Administrative official" means the individual designated by assembly resolution to act as manager during the manager's absence or disability; D. "Attorney" means the legal advisor of the governing body and other officials of the borough; E. "Clerk" means the borough clerk duly appointed by the assembly; Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Pagel of6 F. "Code" means the Code of Ordinances of the borough; G. "Deputy -mayor presiding officer" means the deputy presiding officer of the assembly appointed by the assembly; H. "Law" includes ordinances of the borough; I. "Manager" means the chief administrator of the borough; J. "Mayor" means the elected mayor of the borough and presiding officer of the assembly; K. "Oath" means an oath or an affirmation in all cases where by law an affirmation may be submitted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed "; L. "Owner ", as applied to a building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; M. "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; N. "Registered mail" means registered or certified mail; O. "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and P. "Seal" means the corporate seal of the borough. Section 3: Title 2 Administration and Personnel, Chapter 2.15 Rules of the Assembly is hereby amended as follows: Chapter 2.15 BOROUGH MAYOR Sections: 2.15.010 Office created. 2.15.020 Qualification and election of borough mayor. 2.15.030 Oath of office. 2.15.040 Duties. 2.15.050 Assembly participation. 2.15.060 Veto. 2.15.070 Miscellaneous. 2.15.080 Executive absence. 2.15.090 Vacancy in the office of mayor. 2.15.100 Filling a vacancy. 2.15.080 Executive absence. Al. In the mayor's absence, the deputy -mayor presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the borough mayor's temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager's absence or disability. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 2 of 6 Section 4: Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly is hereby amended as follows: Sections: Chapter 2.16 BOROUGH ASSEMBLY 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.050 Oath -- Deputy mayor presiding officer. 2.16.060 Declaring and filling vacancies. 2.16.070 Absences. 2.16.150 Ordinance - -Form. 2.16.160 Ordinance -- Adoption. 2.16.170 Resolution - -Form. 2.16.180 Resolution -- Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.050 Oath -- Deputy mayor presiding officer. A. The clerk shall administer the oath of office to newly elected and certified assemblymembers on the first regular meeting date following each borough election. B. The assembly shall elect from among its members a deputymayer presiding officer, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy mayor presiding officer is not present or disqualifies himself, the senior assemblymember present shall act as the chair. When a member of the assembly is acting as the "chair ", the member retains all privileges otherwise held as a member of the assembly. 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assemblymember's seat vacant when the assemblymember: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half (Y2)of all regular assembly meetings of the assembly in a six (6) month period. B. If less than ninety (90) days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than ninety (90) days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for fourteen (14) days after the first puuiication thereof, receive applications trom persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than thirty (30) days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. C. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in subsection 2.17.040(A) of this title for the election of the deputy mayor presiding officer. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 3of6 D. Notwithstanding B of this section, if the membership of the assembly is reduced to fewer than four (4) assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven (7) days after the quorum was reduced to less than four (4) assemblymembers. E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. Section 5: Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly is hereby amended as follows: Chapter 2.17 RULES OF THE ASSEMBLY Sections: 2.17.010 Authority. 2.17.020 General rules. 2.17.030 Types of meetings. 2.17.040 Organization and presiding officer. 2.17.050 Committees and duties. 2.17.060 Order of business and agenda. 2.17.070 Ordinances, resolutions, and motions. 2.17.075 Emergency ordinances. 2.17.080 Debate. 2.17.090 Citizens' rights. 2.17.100 Miscellaneous. 2.17.030 Types of meetings. A. Regular meeting: The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursday of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one (1) newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds (2/3) vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. B. Special meetings: Special meetings may be called by the mayor, deputy mayor presiding officer, or by three (3) members of the assembly and, except in an emergency, upon no less than twenty -four (24) hours effective notice to each member. Effective notice shall be written or oral. The notice shall indicate time, location and the purpose of the special meeting and by whom called. The calendar for a special meeting shall be as follows: 1. roll call 2. citizens' comments 3. consideration of matters in the call for the special meeting 4. adjournment Matters not included in the call for the special meeting may not be considered. Special meetings shall commence and adjourn as provided in subsection A of this section unless specifically amended. C. Adjourned or recessed meetings: If the assembly has not concluded the agenda, the Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 4 of 6 time and place of the resumption of the meeting shall be announced or the items shall be carried over to the following regular meeting or taken up at a special meeting called for that purpose. D. Work sessions: The assembly may meet informally in work sessions, at the call of the mayor, deputy mayor presiding officer, or by three (3) members of the assembly, to review forthcoming programs of the borough, receive progress reports on current programs or projects or receive other similar information from the manager, provided that all discussions and conclusions thereon shall be informal. Work sessions are public and no formal action shall be taken by the assembly. E. Executive sessions: The assembly may meet in executive session, at the call of the mayor, deputy mayor presiding officer, or any four (4) members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. potential or pending litigation to which the borough may become or is a party; b. any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; or d. matters involving negotiations with labor organizations representing borough employees; e. matters which by law or ordinance are required to be confidential; f. confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. matters pertaining to personnel; and h. land acquisition or disposal. F. This section does not apply to quasi - judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. 2A7.040 Organization and deputy mayor presiding officer. A. Organization: The assembly shall annually, at the November meeting, elect from its members a deputy mayor presiding officer to serve at the assembly's pleasure. B. Election of the deputy mayor presiding officer of the assembly shall be in the following manner: 1. as the first order of business, nominations for deputy mayor presiding officer shall be opened. 2. nominations may be made by any member of the assembly. 3. at the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one (1) other person, tally the ballots. The clerk shall announce the results. 4. a majority vote of the assembly shall be required for election. 5. if no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two (2) remaining and balloting shall continue until one (1) candidate is elected. C. Deputy mayor presiding officer: The deputymayar presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy mayor presiding officer is not present, or is unable to act, the senior assemblymember present shall preside as the chair. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 5 of 6 Section 6: Title 3 Revenue and Finance , Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures are hereby amended as follows: Chapter 3.16 Sections: 3.16.010 Contract, purchase, sale, and transfer procedures. 3.16.020 Limitation on manager's authority. 3.16.030 Open market procedures. 3.16.040 Advertising for bids. 3.16.050 Processing of bids. 3.16.060 Local preference. 3.16.070 Exceptions to bidding requirements. 3.16.080 Lowest responsible bidder. 3.16.090 Requirements mandatory. 3.16.100 Change orders -- Manager authority. 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals -- Negotiated procurement. 3.16.100 Change orders -- Manager authority. The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed ten thousand (10,000) dollars. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of: A. The mayor and deputy mayor presiding officer ; B. The mayor and one (1) assembly member in the absence of the deputy mayor presiding officer ; C. The deputy mayor presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy mayor presiding officer . ATTEST: CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2905 -07 Page 6 of 6 Meeting of: October 21, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 12.A Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. SUMMARY STATEMENT: The Community Development Department has advertised and solicited bids for the FY 05 -06 Towing Services Contract, which is a bi- annual service contract in support of the Borough's Junk Vehicle Removal Program. One responsive bid was received. The department's methodology in prior years has been to apply the service bid charge against recent experience with the Junk Vehicle Removal Program in order to estimate an annual service cost contract estimate. With just one responsive bid, this years' bid service charge was set against the bid service charge from the awarded FY 03 -04 contract for comparison purposes. After reviewing the bid, and calculating the projected estimates, it appears the two estimated annual contract costs are within 4 % of each other. The Community Development Department recommends that Rhino Towing be awarded the FY 05 -06 Towing Services Contract. FISCAL NOTES [0] N/A ACCOUNT NO. 530 - 731 - 430 -145 Solid Waste Disposal Expenditure Amount Required $ 13,100 ( +1 -) Budgeted I APPROVAL FOR AGENDA: I iayei The motion before the Assembly is: to approve Contract No. 2004 -51 with Rhino Towing in an amount not to exceed $ 13,100. Memorandum Enc. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.k Date: September 23 2004 KIB MANAGER To: Michelle R. Steams, AICP, Director, KIB / Community Development Department From: Martin Lydick, Associate Planner Code Enforcement RE: FY 05 - 06 Towing Services Contract The attached document, Bid Comparison Summary & Narrative, FY 05-06 Towing Services Contract, represents staff's analysis of the responsive bids received in response to Kodiak Island Borough's advertisement for towing services. This document includes staff's recommendation for award of the contract to bidder Rhino Towing. \\ dove\ Departments \CD\ENFUunk \TowContract \FY 05 -06 \FY 05 -06 Contract Award Memo.doc9 /23/2004 FIVEl SEP 2 4 2004 .,J Bid Comparison Summary & Narrative FY 05 - 06 Towing Services Contract Responsive bids for the FY 05 -06 Towing Services Contract were received from one contractor, Mr. Murray A. Zimmer, dba Rhino Towing. Data Recap A review of multi -year data reveals a continuing downward trend in yearly average tows. FY 03 -04 contract cost estimates were based an average of 200 units per year. Actual units averaged 167 over the two -year period. Methodology Previous comparisons for towing services contracts each relied upon different years', i.e., calendar vs. fiscal, nominal figures of tow units for comparison purposes. The distinction appears to be the latest available full 12 -month period data for which staff had a degree of comfort with respect to data integrity. For bid comparison purposes for the FY 05 -06 Towing Services Contract, staff has chosen to use a five (5) year average, i.e., 178 units. Past practice has been to record an estimated cost only for those categories of service actually supplied during the last reporting period chosen for comparison purposes, whether that period was a calendar or fiscal year. For the purpose of comparison, staff has used "bid cost of category of service" from the FY03 -04 contract in the table below. *BWS Basic Wrecker Service * *HD_ Heavy Duty ** *This service is applicable for those units without wheels /tires & /or axles. The Kodiak Island Borough's most recent contractor utilized a rollback truck when necessary. The apparent low bid is $13,057 per annum (Rhino Towing) based on staff analysis of the projected services to be provided. Given the nature of the analysis, i.e., using past years' data to project future service requirements, staff considers the bid to be a realistic representation of service cost. \\ dove\ Departments \CD \ENF\Junk \TowContract \FY 05 -06 \FY 05 -06 Bid Comparison Summary.doc9f23 /2004 Page 1 of 1 BWS* Dolly Service Added Weight Mileage HD ** Wrecker Mileage Extra Labor Winch Service Contract estimate Units 178 0 * ** 3.5 380 3.5 160 4.5 2 FY03- 04 $9,790 $0 $70 $1,140 $420 $960 $90 $40 $12,510 Rhino $9,790 $0 $45 $1,520 $262 $960 $180 $300 $13,057 Bid Comparison Summary & Narrative FY 05 - 06 Towing Services Contract Responsive bids for the FY 05 -06 Towing Services Contract were received from one contractor, Mr. Murray A. Zimmer, dba Rhino Towing. Data Recap A review of multi -year data reveals a continuing downward trend in yearly average tows. FY 03 -04 contract cost estimates were based an average of 200 units per year. Actual units averaged 167 over the two -year period. Methodology Previous comparisons for towing services contracts each relied upon different years', i.e., calendar vs. fiscal, nominal figures of tow units for comparison purposes. The distinction appears to be the latest available full 12 -month period data for which staff had a degree of comfort with respect to data integrity. For bid comparison purposes for the FY 05 -06 Towing Services Contract, staff has chosen to use a five (5) year average, i.e., 178 units. Past practice has been to record an estimated cost only for those categories of service actually supplied during the last reporting period chosen for comparison purposes, whether that period was a calendar or fiscal year. For the purpose of comparison, staff has used "bid cost of category of service" from the FY03 -04 contract in the table below. *BWS Basic Wrecker Service * *HD_ Heavy Duty ** *This service is applicable for those units without wheels /tires & /or axles. The Kodiak Island Borough's most recent contractor utilized a rollback truck when necessary. The apparent low bid is $13,057 per annum (Rhino Towing) based on staff analysis of the projected services to be provided. Given the nature of the analysis, i.e., using past years' data to project future service requirements, staff considers the bid to be a realistic representation of service cost. \\ dove\ Departments \CD \ENF\Junk \TowContract \FY 05 -06 \FY 05 -06 Bid Comparison Summary.doc9f23 /2004 Page 1 of 1 FY 05 — 06 Tow Services Contract KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and hereinafter "CONTRACTOR," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, Kodiak Island Borough Code Title 10 Chapter 10, as amended, authorizes the removal of motor vehicles from public streets and other public or private property which have been abandoned, or otherwise constitute a danger to the public health, safety, or welfare; and WHEREAS, the KIB wishes to contract for certain services associated with the towing of such vehicles; and WHEREAS, the CONTRACTOR desires to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. Exclusive Contract. This agreement shall constitute an exclusive services' contract between the KIB and the CONTRACTOR for the services herein specified, and the KIB covenants that it will not contract with any other private party for the provision of said services during the term hereof except on an emergency basis or when the CONTRACTOR is unavailable or does not have sufficient and proper equipment with which to perform a specific task. 2. Duration. This contract shall be in full force and effect through June 30, 2006 beginning on the date of execution. 3. Services and Equipment to be provided by CONTRACTOR. (a) Throughout the term of this contract, CONTRACTOR shall be available eight hours per day, Monday through Friday, to tow junk vehicles or other junk pursuant to the request of the Borough Manager or his authorized agent. The CONTRACTOR shall deliver junk vehicles or other junk to the KIB Landfill during normal operating hours unless other arrangements have been made with the Borough Manager or his authorized agent C: \Documents and Settings \jnielsen \Local Settings\Temporary Internet Files \OLK13 \FY 05 -06 Contract.docl0 /1/2004 Page 1 of 6 FY 05 — 06 Tow Services Contract (b) CONTRACTOR shall only remove designated vehicles at the written request of the KIB and shall maintain and make available to the KIB such records as it may require, including, but not by way of limitation, written records reflecting the date, time, and place of the towing of each vehicle and an inventory of its contents at the time of towing. This agreement includes towing services only, and no part or parts shall be removed from any vehicle other than these parts necessary to allow the safe transportation of the vehicle. Any parts so removed shall be delivered with the vehicle to the designated location. (c) The KIB shall designate in writing the location to which vehicles /junk shall be delivered. This location may be changed upon written designation of the KIB. 4. Fees and Expenses. The KIB shall be responsible for and shall pay, upon monthly billings, all towing charges associated with vehicles which are towed to the designated location, and it shall be the sole responsibility of the KIB to recover any such charges from the registered owners of such vehicles or their agents where such recovery is authorized. Further, the KIB shall be responsible for payment of the CONTRACTOR's fees and expenses, as authorized by this agreement, in those instances where an official request for a tow truck is cancelled after the truck has been dispatched or where a tow truck responds to an official request in a timely manner and finds the vehicle specified in the towing request to have left the scene prior to the truck's arrival. Nothing in this agreement shall be construed as setting rates for or causing the KIB to become liable for services rendered by the CONTRACTOR to private citizens merely because a KIB employee may have relayed to the CONTRACTOR by radio, telephone, or other means the citizen's request for assistance. (b) A schedule of fees to be charged is attached hereto as Schedule A and may be changed or modified only upon written agreement of the CONTRACTOR and the KIB. 5. Best Efforts /Early Termination. (a) The CONTRACTOR agrees to exert his best efforts to provide good and adequate service and to perform under this agreement with care and diligence, reasonably approximating the best art the towing business has achieved at any given time during the life of this contract. If, at any time the iifo of this contrart the KIB determines in nnnri faith that the contractor is not performing to this standard, the KIB may give the contractor written notice to correct the specified deficiency and, if not corrected within ten (10) days after such notice, the contract may be terminated immediately at the option of the KIB. C: \Documents and Settings \jnielsen \Local Settings \Temporary Internet Files \OLK13 \FY 05-06 Contract.docl0 /1/2004 Page 2 of 6 (b) Notwithstanding the above, the KIB may terminate this Contract at any time if it determines that the CONTRACTOR has failed to comply with State or KIB laws governing the towing of motor vehicles or if it determines that the CONTRACTOR's records are inadequate to demonstrate said compliance. 6. Disposal of Records. Upon the expiration of this contract or its early termination, the CONTRACTOR shall make available to the KIB all of its records concerning any vehicle which has been towed. All other records maintained by the CONTRACTOR pursuant to this contract shall be retained for at least three (3) years after completion of this contract and made available to the KIB upon request. Notwithstanding any other provisions of this contract, in no event shall the CONTRACTOR destroy any records maintained for this contract without the prior written consent of the KIB. 7. Insurance. (A) Indemnification: To the fullest extent permitted by law, Contractor; agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. Commercial General Liability insurance with a minimum of $1,000,000 per occurrence and /or aggregate combined single limit, personal Injury, bodily Injury, and property damage. Workers' Compensation insurance in accordance with all applicable statutes of the State of Alaska, including a minimum of $1,000,000 Employers Liability coverage. Vehicle Liability insurance including applicable uninsured / underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. (B) (C) (D) FY 05 — 06 Tow Services Contract C: \Documents and Settings \jnielsen \Local Settings \Temporary Internet Files \OLK13 \FY 05 -06 Contract.docl0 /1/2004 Page 3 of 6 FY 05 — 06 Tow Services Contract (E) Additional Insured: "The following shall be Additional Insureds: The Kodiak Island Borough, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees, and volunteers ". "This coverage shall be primary to the Kodiak Island Borough, and not contributing with any other insurance or similar protection available to the Kodiak Island Borough, whether other available coverage be primary, contributing or excess." (F) Continuation of Coverage If any of the above coverage's expire during the term of this contract, CONTRACTOR shall deliver renewal certificates and /or policies to the Kodiak Island Borough at least ten (10) days prior to the expiration date. CONTRACTOR shall not commence with operations under this agreement until they have obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the state of Alaska. All coverage shall be with carriers acceptable to the Kodiak Island Borough. If CONTRACTOR fails to comply with the insurance requirements of this agreement, the Kodiak Island Borough may terminate the agreement on ten days' written notice. CONTRACTOR covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with CONTRACTOR use under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. (G) Notice of Cancellation Required: Sixty (60) days Notice of Cancellation or Change, Non - Renewal, Reduction and /or Materials Change shall be sent to: Martin Lydick, Associate Planner Code Enforcement, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, Room 205, telephone (907) 486 _ 9061 Monuments and Settings \jnielsen \Local Settings \Temporary Internet Files \OLK13 \FY 05 -06 Contract.docl0 /1/2004 Page 4 of 6 FY 05 — 06 Tow Services Contract (H) Evidence of Coverage Required: CONTRACTOR shall provide to the Kodiak Island Borough at the time that the contracts are presented to them for execution, certificates of insurance and /or policies, acceptable to the Kodiak Island Borough, as listed below: Two (2) copies of Certificate of Workers' Compensation Insurance. Two (2) copies of Certificate of Commercial General Liability Insurance. Two (2) copies of Certificate of Vehicle Liability Insurance. 8. Lost Property. CONTRACTOR assumes full and exclusive responsibility for loss due to property damaged, lost, or stolen while in its' custody or control or while the CONTRACTOR is otherwise acting pursuant to this contract and agrees to hold the KIB safe and harmless against any claim, action, or suit relating to lost or stolen property. 9. Federal, State, and Municipal Laws. The CONTRACTOR covenants that at the time of execution of this contract, CONTRACTOR is in compliance with any and all federal and state laws and regulations and KIB ordinances and that CONTRACTOR shall remain and operate in compliance therewith so long as this contract is in effect. 10. State Licenses. The CONTRACTOR must possess a valid business license from the State of Alaska. In addition, all drivers used by the CONTRACTOR must have a valid driver's license from the State of Alaska. All drivers used to haul combined loads of greater than 26,000 pounds gross vehicle weight (tow truck and load) must have a valid commercial driver's license from the State of Alaska appropriate for vehicles that are required to provide the services referred to in this agreement. 11. Non - assignability. The parties stipulate and agree that the services rendered under this contract are of such a nature that the rights and duties arising to the CONTRACTOR hereunder shall not be delegable or assignable to another party. Nothing in this contract is intended, however, to restrict the CONTRACTOR in his selection of employees to carry out this contract or any of its terms. 12. Non - waiver. Failure on the part of the KIB on any one or more occasions to enforce its rights under this agreement or the rights or remedies accruing to it upon default by the CONTRACTOR of any of the provisions hereof s hall not be construed as a waiver of those rights or remedies. Ci \Documents and Settings \jnielsen \Local Settings \Temporary Internet Files \OLK13 \FY 05 -06 Contract.docl0 /1/2004 Page 5 of 6 FY 05 — 06 Tow Services Contract 13. Entire Agreement. This contract constitutes the full and entire agreement of the parties and replaces and supersedes any prior contemporaneous written or oral negotiations or agreements between them. IN WITNESS WHEREOF, these parties have signed this contract on the dates indicated below. KODIAK ISLAND BOROUGH CONTRACTOR B By: Title: Title: Address: Address: Date: Date: ATTEST WITNESS By: By: Date: Date: C: \Documents and Settings \jnielsen \Local Settings \Temporary Internet Files \OLK13 \FY 05 -06 Contract.docl0 /1/2004 Page 6 of 6 Meeting of: October 21, 2004 Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey fro Anchorage to Kodiak. This project will result in KIB owning the work product of the Marine Fiber Optic Survey between Kodiak and Anchorage with service to Kenai and Homer. The intent would be to license the contractor KKCC,LLC exclusively for a two -year period to provide sufficient time for them to install the fiber optic cable. Provisions are in place should that fail to happen along with other considerations that protect KIB's position and control of this valuable asset. Fiscal Notes: Expenditure amount: $2 , 473, 694 APPROVAL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT ITEM NO 12.B Contract No. 200452 The motion before the Assembly is: to award Contract No. 200452 In the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC and authorize the manager to enter into a two -year license agreement. Judi Nielsen From: Pat Carlson Sent: Thursday, October 14, 2004 2:16 PM To: Judi Nielsen Subject: RE: Cable Contract Fiber Optic Fiber Cable Milestone 10- 7- 04...:ontract 10- 14 -04... Hi Nancy, your view is correct and has come up before, the only way to achieve that level of security is with a staff attorney restricted from outside employment, which is an option. I will have copies of the conflict and employment letters and Joe Reece available via telephone for any questions regarding the survey contract. I have attached new copies of the agreement and Attachment A which hopefully can be opened.... Thanks Pat Original Message From: Nancy Wells [mailto:nwells @kanaweb.org] Sent: Thursday, October 14, 2004 1:01 PM To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson Subject: Cable Contract Pat, Thanks for the quick response. However, a conflict is not a matter of just not representing US in a matter jointly WITH someone else. There -is a conflict when someone who works for US, works for or represents someone else who is doing business WITH'us. I suggest having a copy of the borough Conflict of Interest Ordinance at the meeting. 1 SECTION 3. TERMS OF PAYMENT 1. The Services to be performed under this Agreement are divided into Milestones as set forth in Exhibit A. Payment for the Services shall be made in three installments, which shall correspond to the Milestones completed as of the invoice date. For each invoice, KKCC shall deposit the Work Product completed for each invoiced Milestone with the KIB Borough Manager. Where the Work Product comprises intangible work effort, KKCC shall submit a written statement of the percent completion of that task as of the invoice date. CONSTRUCTION and LICENSE AGREEMENT Between KODIAK ISLAND BOROUGH and KODIAK KENAI CABLE COMPANY, LLC In consideration of the mutual promises contained herein, Kodiak Island Borough ( "KIB ") and Kodiak Kenai Cable Company, LLC ( "KKCC ") hereby agree as follows: SECTION 1. SCOPE OF SERVICES 1. KKCC will prepare marine hydrographic /bathymetric surveys and associated desktop studies, engineering, and permitting for a marine fiber optic cable link in accordance with this Construction and Licensing Agreement (the "Agreement "). KKCC will provide all labor, materials, documentation, equipment, tools and transportation as necessary to perform the survey and engineering services described in Exhibit A (the "Services "). KIB shall be the sole owner of all work product created by the Services performed under this Agreement including but not limited to plans, specifications, drawings, hydrographic data, and digital files ( "Work Product "). SECTION 2. COMPENSATION 1. KIB will pay to KKCC a fixed price of $2,473,694.00 for the Services as set forth in Section 3 (the "Compensation "). KIB administrative expenses of $74,639 are included in the Compensation and shall be retained by KIB. 2. Upon receipt of the invoice and confirmation of the deposit of the Work Product, KIB shall authorize payment of the invoice KIB shall retain 10% of each invoice amount until the Services are complete. KOD003 0001 f0211018.002CR 10/14/04 3. After the execution of this Agreement, KKCC shall present the first invoice to KIB. KKCC shall present the second invoice to KIB in December 2004, and the third invoice in February 2005, or upon completion of the Services whichever last occurs. 4. No payments shall be due while KKCC is in default in respect of any of the provisions of this Agreement and KIB may withhold from KKCC the amount of any claim by a third party against either KKCC or KIB based upon an alleged failure of KKCC to perform the Services hereunder in accordance with the provisions of this Agreement. SECTION 4. LICENSE 1. KIB shall be the sole owner of all Work Product created under this Agreement. KIB shall license to KKCC the right to use the Work Product deposited with KIB under Section 3 of this Agreement under the following terms and conditions: a. Grant of License. KIB hereby grants KKCC an exclusive, non- transferable right to use the Work Product for a period of two and one half years from the date of this Agreement (the "License ") for the purpose of constructing its proposed fiber optic cable and related facilities (the "Fiber Optic Cable "). b. Restrictions. KKCC may not sell, resell, lease, rent, assign, transfer, license, sublicense, publish, disclose, or otherwise distribute or grant rights to the Work Product or any part of it, including without limitation any derivative works of the Work Product, to any other individual or entity, except KKCC's own employees, agents, advisors, contractors, subcontractors and potential subcontractors for purposes of construction and maintenance of the Fiber Optic Cable, and as required by law. c. Termination of License. At KIB's discretion, upon termination of the License KKCC shall promptly return to KIB all Work Product and all modifications and adaptations of the Work Product in KKCC's possession, or shall destroy any copies of the Work Product and any modifications and adaptations thereto. If KIB directs KKCC to destroy any copies of the Work Product and modifications and adaptations thereto, KKCC shall certify in writing that the same have been destroyed. d. Ownership Rights. Except to the extent of the license created herein, all right, title, and interest in and to the Work Product and all copies, modifications, and adaptations thereof shall be and remain the property of KIB, and KKCC shall not take any action that would adversely affect KIB's ownership rights in any way. KKCC shall take all steps necessary to protect KKCC's proprietary rights in the Work Product. ANC 77869v2 51081 -9 2 vnnnM nnnl nn91 R nr»ra I nil a /nd e. Renewal. If the Services under this Agreement have been completed in accordance with the schedule set forth in Exhibit A, and if the Fiber Optic Cable is laid and operational no later than the end of the two and one half year License period, KKCC shall have the option to renew the License under the following terms and conditions: SECTION 6. DELAY • The license shall be non - exclusive; and • The license shall be effective for a 20 -year period, renewable at the discretion of KKCC for two additional 5 -year periods provided that the KKCC fiber -optic cable continues to serve Kodiak and the Kenai Peninsula. SECTION 5. PERFORMANCE PERIOD 1. The Services shall be completed no later than September 30, 2005 (the "Completion Date "). 1. KKCC shall be liable for all direct damages that KIB may incur due to any delay in the completion of the Services hereunder, excepting only those delays excused by force majeure or other causes not within the control of KKCC, which could not be avoided by the exercise of due care by KKCC 2. If KKCC is delayed in starting or completing Services because of a breach by KIB of any of its duties owed hereunder to KKCC, KKCC's sole and exclusive remedy shall be an extension of time for completion, commensurate with the actual extent of the delay actually caused by such breach. 3. When KKCC determines that a force majeure or some other event not within the control of KKCC, which could not be avoided by the exercise of due care by KKCC, has or will cause a delay of Services, the date of delivery or performance of any other obligation of KKCC hereunder may be extended for a period of time equal to the time lost by reason of the delay. KKCC shall notify KIB not more than thirty (30) days after the occurrence of the event that KKCC believes will result in a delay. In the absence of such notification, KKCC shall have lost the right to claim that the Services were delayed by the occurrence of such event ANC 77869v2 51081 -9 3 KOD0030001 fj0211018.002CR 10/14/04 SECTION 7. PERMITS 1. KKCC shall obtain and maintain current for the duration of this Agreement, all required Federal, State and local licenses and permits. All costs incurred by KKCC in obtaining and maintaining permits shall be included in the Agreement price. SECTION 8. COMPLIANCE WITH FUNDING REQUIREMENTS 1. KIB's source of funding for payments made under this Agreement is a federal grant. KKCC agrees to comply, and to cause all subcontractors to comply, with all applicable local, state and federal statutes and regulations with which compliance is required under the grant. SECTION 9. ARBITRATION, DISPUTES AND CLAIMS 1. Any and all disputes, claims or disagreements arising between the parties hereto shall be subject to binding arbitration conducted under the commercial arbitration rules of the American Arbitration Association, which arbitration shall be held in Anchorage, Alaska. The arbitration award may be enforced by any court having jurisdiction over the parties. 2. Notwithstanding the fact that a dispute may exist between KIB and KKCC regarding any matter relating to the performance of the Services or the License, KKCC shall nevertheless proceed, when so directed by KIB, with the Services in accordance with existing specifications and established schedules. 3. The substantially prevailing party in the arbitration concerning this Agreement or any project hereunder shall be entitled to costs and a reasonable attorney's fee in addition to any damages or relief granted. SECTION 10. GOVERNING LAW 1. This Agreement is made subject to and shall be governed and construed in accordance with the laws of the State of Alaska and the authority granted to the individual parties thereunder. 2. The headings and subheadings contained in this Agreement are used solely for convenience and do not constitute a part of the Agreement between the parties hereto, nor should they be used to aid in any manner in the construction or interpretation of this Agreement. ANC 77869v2 51081 -9 4 vnnnm nnm 010110152 1102C in/1a/0a SECTION 11. INDEMNIFICATION, DEFENSE & HOLD HARMLESS 1. Except as otherwise provided in AS 45.45.900, KKCC shall indemnify, save harmless and defend KIB, its officers, agents and employees from any and all liability, including without limitation all costs, damages, reasonable attomeys fees, and expenses, for all actions and/or claims, including without limitation claims for contribution or indemnification, resulting from deaths, injuries, loss or damages arising directly or indirectly as a result, wholly or in part, of any error, omission, act or failure to act on the part of KKCC, and /or any of its subcontractors and /or anyone, including but not limited to MB, its officers, agents, and employees, directly or indirectly employed or utilized by KKCC or otherwise involved in the preparation for and /or the performance of this Agreement, or any Services awarded hereunder, including without limitation suppliers, mechanics, materialmen, sureties or insurers. SECTION 12. INDEPENDENT CONTRACTOR & AGENCY 1. KKCC agrees to perform the Services described in this Agreement as an independent contractor and not as a subcontractor, agent, or employee of KIB. 2. Nothing in this Agreement shall be interpreted to make KKCC the agent of KIB or MB the agent of KKCC. 3. If any part of the Services are to be performed by a subcontractor, the terms and conditions of this Agreement shall apply to such subcontractor. KKCC shall administer its subcontracts. No approval of a subcontract shall relieve KKCC from any of its obligations or liabilities under this Agreement. SECTION 13. SEVERABILITY 1. If any provision of this Agreement shall be finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected by such adjudication, and the remaining provisions of the Agreement shall remain in full force and effect as if such provision so adjudicated to be invalid had not been included herein. SECTION 14. NO THIRD PARTY BENEFICIARY 1. This Agreement and all rights hereunder are intended for the sole benefit of the parties hereto, and subject only to an assignment permitted by Section 18, if any, and shall not imply or create any rights on the part of, or obligations to, any other entity not a party to this Agreement. No provision of the Agreement documents is intended nor shall be construed to be for the benefit of any third party. ANC 77869v2 51081 -9 5 KOD003 0001 £0211018.002CR 10/14/04 SECTION 15. TERMINATION 1. At any time after the acceptance of the Agreement, KIB shall have the absolute right to terminate the Agreement, in whole or in part, if in its sole discretion, it determines that either or both of the following has occurred: (1) a material breach of the Agreement after notice is given by KIB which breach has not been cured within thirty (30) days of the delivery of such notice; or (2) an event of default as described in Section 16. In addition to such rights of termination, KIB reserves any and all rights it may have by law. 2. KIB shall within thirty (30) days after termination of the Agreement make payment to KKCC for services rendered up to the time of termination less any disputed amounts, unless the termination is a product of KKCC's failure to perform the Services as agreed. 3. Upon such notice of termination, KKCC shall stop the performance of Services hereunder except as may be necessary to carry out such notice of termination, and take any other action toward termination of the Services, which KIB may reasonably direct. 4. If KIB terminates a portion of the Services covered by the Agreement, KKCC shall continue to perform all portions of the Services not terminated; as to the portions of the Services not terminated, the Agreement shall remain in full force and effect. In no event shall KIB be liable to KKCC for any anticipated profits on any portion of the Services terminated by KIB or for any other sum except as set forth in this Agreement. The remedies of KKCC specified herein shall constitute the exclusive remedies of KKCC in the event of termination, in whole or in part, by KIB. In no event shall KIB pay KKCC termination costs aggregating in excess of the Agreement price. 5. Upon any termination of this Agreement, all of the terms and provisions of the Agreement shall remain in full force and effect as to all Work Product or Services delivered to KIB prior to or in connection with such termination. 6. In the event of KIB's failure or inability to perform, KKCC reserves any and all rights it may have by law. SECTION 16. DEFAULT 1 The fnlinwing events shall he considered Events of Default under this Agreement: a. The failure of KKCC to meet any scheduled Milestones as set forth in Exhibit A. b. The failure of KKCC to complete a Milestone within the budgeted dollar amount set forth for that Milestone, unless KKCC provides funds to pay ANC 77869v2 51081 -9 6 KOD003 0001 1)0211018.002CR 1 for any such overage, and holds KIB harmless for any claims related to such overages. c. The breach by KKCC of any warranty set forth in Section 17 of this Agreement. d. Failure of KKCC to execute a contract for supply and construction of the cable system no later than December 15, 2005. e. The Fiber Optic Cable is not laid and operational at the expiration of the initial License period. SECTION 17. WARRANTIES AND REPRESENTATIONS 1. KKCC expressly represents and warrants that it is a validly formed limited liability company in good standing under the laws of the State of Alaska, and that it is in all respects qualified to enter into this Agreement and perform the Services contemplated by the Agreement. 2. KKCC further represents and warrants that it has carefully examined the proposed Agreement and understands the local conditions and other matters which might affect the performance and cost of the Services and it is satisfied that the Services can be performed on the schedule and at the costs set forth on Exhibit A. KKCC represents that it has identified subcontractors who are necessary to complete the Services and that the subcontractors are in all respects qualified to perform the Services, or portions, thereof, for which they have been or will be hired. SECTION 18. NOTICES AND CORRESPONDENCE 1. Any notice hereunder shall be in writing, and shall be deemed given when personally delivered or on the second business day following its deposit in the U.S. mail, registered or certified, return receipt requested, or other nationally (U.S.) recognized courier service addressed to the intended recipient at the address for such intended recipient set forth below or such other address as the intended recipient shall have previously given by notice to the sender. If to KIB Manager TCndiak TclanA Pnr..nnh 710 Mill Bay Road Kodiak, AK 99615 ANC 77869v2 51081 -9 7 KOD003 0001 f0211018.002CR 10/14/04 If to KKCC Emil Christiansen, Sr., President Kodiak -Kenai Cable Company, LLC 1007 W Third Ave Ste 201 Anchorage AK 99501 2. Any notice or communication given by personal delivery or sent by ovemight I carrier, telegram, telex, or facsimile in the manner set forth above shall be deemed given I upon receipt. Any party hereto may change its notice address by giving notice to the other parties, in the manner set forth herein; provided, however, that no change of address notice shall be effective until received by the other party. SECTION 19. EQUAL OPPORTUNITY I. KKCC represents that it is in compliance with applicable laws, regulations, and orders with respect to equal employment opportunity and either has heretofore provided or will provide to KIB the certifications and representations regarding equal employment opportunity that MB may require under such laws, regulations and orders. KKCC further agrees to: a. Comply with all applicable provisions of 7 AAC Chapter 78; b. Post in conspicuous places, accessible to employees and applicants for employment, at the location of the Services, notices setting forth the provisions of AS 18.80.220. c. State, in solicitations or advertisements for employees to perform the Services, that KKCC is an equal opportunity employer and that all qualified applicants will be considered for employment without regard to race, religion, color, national origin, age, physical handicap, sex, or marital status. d. Send to each labor union or representative of workers with which KKCC has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the KKCC's commitments to equal employment opportunity and post copies of this notice in conspicuous places accessible to employees and applicants for employment at the location of the Services. e. Promptly comply with all directives issued by any local, state or federal agency which KIB considers essential to ensure compliance with local, state and federal laws, regulations and ordinances relating to the prevention of discriminatory employment practices. ANC 77869v2 51081 -9 8 K011003 0001 60211018.002CR 10/14/04 f. Require all subcontractors who perform any portion of the Services to comply with this Section 19. SECTION 20. ASSIGNMENTS 1. Except insofar as this Agreement specifically permits assignments, any assignments by KKCC of its interest in any part of this Agreement or any delegation of duties under this Agreement without the express written consent of KIB (which shall not be unreasonably withheld or delayed), shall be void, and any attempt by KKCC to assign any part of its interest or delegate duties under this Agreement shall give KIB the right to immediately terminate this Agreement. SECTION 21. PROPRIETARY AND CONFIDENTIAL INFORMATION 1. KIB and KKCC hereby acknowledge that, for the initial License period and any extension thereof, the Work Product includes confidential business information of KKCC. Except to the extent necessary to comply with the valid order of a governmental entity or court of competent jurisdiction, all information and data, including Work Product, regardless of form, that is received from KKCC and/or prepared by KKCC for this Agreement shall be treated as confidential by KIB and KIB shall not disclose such information or data to competitors of KKCC. Notwithstanding the foregoing, KIB is free after the original exclusive license period to use the Work Product and other information and data for its own purposes and to license its use to other parties, provided such purposes do not include any activity in competition with the Fiber Optic Cable. SECTION 22. SUCCESSORS IN INTEREST 1. Each and every clause and provision herein contained shall be binding upon and inure to the benefit of the successor, heirs and assigns of the parties hereto and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. SECTION 23. ENTIRE AGREEMENT 1. The terms of this Agreement and any provisions adopted by reference or otherwise incorporated into this Agreement set forth the full intent of the parties regarding the matters covered by this Agreement. Neither party is relying on or may rely on any written or oral collateral, prior, or contemporaneous agreements, assurances, representations or warranties not set forth in this Agreement. No modifications of this Agreement shall be implied in law or equity, nor may any part hereof be amended, supplemented, waived or modified without an instrument in writing signed by both parties. ANC 77869v2 51081 -9 9 KOD003 0001 13021 1018.002CR 10/14/04 SECTION 24. COUNTERPARTS AND EFFECTIVENESS 1. This Agreement and any amendments, waivers, consents or supplements hereto or in connection herewith may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto. In witness whereof the parties have executed this Agreement upon the dates indicated below. KODIAK ISLAND BOROUGH B DATE: Patrick S. Carlson Its: Manager ATTEST: Judith A. Nielsen Borough Clerk KODIAK KENAI CABLE COMPANY, LLC BY DATE: Emil Christiansen, Sr. Its: President STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) The foregoing Construction and License Agreement was acknowiedged before me this day of October, 2004, by Patrick S. Carlson, Manager of the Kodiak Island Borough, on behalf of the Borough. ANC 77869v2 51081 -9 KOD003 0001 1j0211018.002CR 10/14/04 Notary Public in and for the State of Alaska My Commission Expires: 10 STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) The foregoing Construction and License Agreement was acknowledged before me this _ day of October, 2004, by Emil Christiansen, Sr., President of the Kodiak -Kenai Cable Company, LLC, an Alaska limited liability company, on behalf of the company. ANC 77869v2 51081 -9 KOD003 0001 t50211018.002CR 10/14/04 Notary Public in and for the State of Alaska My Commission Expires: 11 Invoice Total $0 $o 0$ I 0$ 0$ 0$ om ,'rj: O9Z'L9$ 1 099'99$ 0$ 009'I. EZ$ 000'901.$ 9ZL`9 L 3$ $448,5251 I o$ I 0$ 0$ 9L4`9L$ o$ 1£LL'b Invoic( Total $0 $0 "9Z$ $45, Invoice Total $568,100 $125,359 I OOL`Ef$ 693`00E$ L94`9L$ 90L`£Ob$ 0$ 9Lb`9L$ $486,450 $0 $2,019,529 (£96`1. OW I I $1,817,576 $87,500 $622,205 097`9817$ $150,000 $74,639 469'EL4'Z$ I I OOL'£b$ 1 683`00£$ $15,451 009'91. Z$ Milestone Offshore hydrographic/bathymetric route surveys report Engineering foundation studies preparatory to hydrographic a. Permitting feasibility & initiation J ) saipnls AIILgiseaj dopisaa iq saipnls u2csap pun 3uuaaui &ua suialsAs 'a d. Additional expenses I Permitting, desktop, systems, & route engineering consultin a. Permitting, landing site, systems & engineering studies 1 b. Final permits, landing site & aquatic lands approvals Shallow water /near -shore marine surveys Landing site surveys & outside plant engineering Kodiak Island Borough administrative expenses [] afe,ulsaar %OT EMI** 1 Total: c`, d' co . UJ 2 1 2 w co Ce CO 0 LU CO CU co Z O Q H0 D Y • c Z O m To it • 1- LL Kodiak Kenai Fiber Link, LLC Milestones Davis Wright Tremaine LLP JOSEPH L. REECE DIRECT (907) 257 -5325 josephreece@dwr.com September 24, 2004 Mr. Patrick S. Carlson Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Pat: Scope of Representation. Engagement Terms. pECCOVE 11 OCT 1 4 2004 D BOROUGH CLERK'S OFFICE SUITE 800 701 WEST EIGHTH AVENUE ANCHORAGE, AK 99501-3408 ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE WASHINGTON, D.C. SHANGHAI TEL (907) 257 -5300 FAX (907) 257 -5399 Thank you for selecting Davis Wright Tremaine LLP to represent Kodiak Island Borough in certain legal matters. This letter confirms our representation of the Kodiak Island Borough for a specific set of transactions. We understand that we will be representing Kodiak Island Borough in connection with its arrangements to obtain a marine survey using federal funds, and licensing the use of that survey to Kodiak Kenai Cable Company, LLC. Based on our discussions to date, we expect that our services will include structuring the transactions in a way which will accomplish the goals and protect the Borough's interest, and preparing the documentation necessary to carry out the transactions. At Davis Wright Tremaine LLP, we believe it is essential that our clients and we have the same understanding of the client- attorney relationship. With this in mind, enclosed for your review is a copy of our Standard Terms of Engagement for Legal Services, which describes in greater detail the basis on which we provide legal services to our clients. As supplemented by this letter, the Standard Terms of Engagement comprises our engagement agreement. Therefore, we ask that you review it carefully and contact us promptly if you have any questions about our relationship. Mr. Patrick S. Carlson September 24, 2004 Page 2 Legal Fees. Fees for services are based on a variety of factors including, for example, time and effort involved, the experience of those doing the work, the complexity of the matter, and the amount involved. Of these and other considerations, the time devoted and the experience of those providing the services will be given the most weight. For example, my rate is at present $305 per hour. Others who will be or may be involved on your behalf and their hourly rates include Karmyn Olmstead, whose hourly rate is at present $145. We are pleased that you are entrusting your work to us, and we will do our best to provide you with prompt, high quality legal counsel. It is important for us to know how our clients feel about the services we provide. If you ever feel that we are not meeting this commitment or you have other questions about our relationship, please do not hesitate to call me or our Anchorage Partner -in- Charge, David W. Oesting. We look forward to serving you. Very truly yours, Davis Wright Tremaine LLP Joseph Reece JLR \sanp Encl. cc: Central Records David W. Oesting ANC 77577v 1 24824 -1 Anchorage aU /.L4 hUU4 ♦nu 14.0i ran. oo, ... .iv.. o.,... ..... VIA FAX 907.486.9374 Patrick S. Carlson, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Dear Pat: 7399 \02L004.wpd cc Ronald N. Bemtsen, Sr. Emil Christiansen, Sr. Harold Christiansen, Sr. Alfred Crafty Tanya K. Inga George Inga, Sr. Annie Pestrikof.F Jeffrey Peterson Linda Mae Suydam October 14, 2004 Pursuant to your request this letter confirms that the Kodiak -Kenai Cable Company, LLC is a wholly owned subsidiary of Old .Harbor Native Corporation and that the officers and directors of the Kodiak -Kenai Cable Company are as follows: Officers Emil Christiansen, Sr. President Linda Suydam Vice President Tanya 1C Inga Secretary Annie Pestrikoff Treasurer p EC IIfl OCT 1 4 2004 J BOROUGH CLERK'S OFFICE If you have any additional questions, please don't hesitate to contact me. Very truly yours, KOD NAI CAB�AIV�, LLC Emil Christiansen, Sr., President � i' 1007 W. 3rd Avenue, Suite 201, Anchorage, AK 99501 • (907) 278 -6100 • FAX (907) 222 - 2760 C. WALTER EBELL •TTOaNEY AT LAW ADMITTED TO ALASKA AND WASHINGTON OAPs EMAIL: W01,011010Sm SnCYSID Emil Christiansen, Sr., President Kodiak -Kenai Cable Company, LLC 1007 W. 3rd Ave., Suite 201 Anchorage AK 99501 Patrick S. Carlson, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 JAMIN, EBELL, SCHMITT & MASON A PROFESSIONAL CORPORATION ATTOR NLYs AT LAW SUITE EDI 1007 WEST THIRD AVENUE ANCHOSIAOE. ALA;KA B9 SO TELEPHONE: COOP taa61G0 F/'C$IMILEI (RT)) eaE REPLY TO: ANCHORAGE OFFICE October 4, 2004 Re: Kodiak -Kenai Cable Company, LLC Our File No. 7398 -2 Dear Gentlemen: Enclosed for your files is a copy of a letter which has been signed by both of you, regarding the waiver of conflict of interest in this matter. If you have any questions or require additional information, please let us know. Best regards. CWEiab Enclosure cc: Joseph L. Reece, Esq. Very truly yours, 7• "l,.L__ T• auw a:va•aa ELL, SCHMITT & MASON KootaK OFFICE: 223 CAROLYN STARRY KODAK, ALASKA PSSI! TELEPHONE: (0071 A0S.SOS. FACGIMILEI (•6YP NO - Sun SEATTLE OFFICE: MUTUAL LIFE BUILDING SOS PIKST AU ENUE, StISTE DSO SEATTLE. WASHINGTON SOMA 1 LL.PN0HC. (MEW GEE•743. FAc3IMILEI I SOLI GE] -7011 C. WALTER E•ELL ATTORNEY AT LAW AOMITTCII TO ALASKA amp vA .oM •ARY E-MAIL Webell Came n Emil Christiansen, Sr„ President Kodiak -Kenai Cable Company, LLC 1007 W 3' Avenue, Suite 201 Anchorage AK 99501 Patrick S. Carlson, Manager Kodiak Island Borough 710 Mill Bay Rural Kodiak, AK 99615 JAMIN, EBELL, SCHMITT & MASON Re: Waiver of Conflict of Interest Our File No. 7398 -2 Dear Gentlemen: A FRORC55IONAL CORPORATION ATTORNEYS AT LAW SUITE COI 1007 WEST THIRD AVENUE ANC RARE. ALASKA OOSOI TCLEPHONC: (907) 8766100 1009IMILE: t90!) 9 &LJ190 REPLY TO; ANCHORAGE OFFICE September 27, 2004 KODIAK Orrice: Ala CAROLYN •iRCET HCb1AN, A A••A sass• TELEPHONE: 1 00)110{ • SONA rACCIM ILE 1 SOY/ 4(•. Suit 5EATT1,E PRICE: MUTUAL LIFE !UILOINO 505 FIRST AVENUC. ZUITE 3n0 SEATTLE. WA8MINOTON •8104 TCLCPWONCt (Z0C) Qk *••a. FACSIMILE: heel •¢]•75(1 The Kodiak -Kenai Cable Company, LLC has asked that this firm represent it in a matter currently pending before the Kodiak Island Borough Assembly. The matter involves a sole source contract to be submitted to the Kodiak Island Borough byKodiak -Kenai Cable Company, LLC. The Kodiak Island Borough is represented by separate counsel, Mr. Joseph L. Reece of Davis Wright Tremaine, LLP As I explained to Mr. Christiansen this firm currently serves as general counsel for the Kodiak Island Borough; and 1 also explained to Mr. Carlson this firm currently represents Kodiak - Kenai Cable Company, LLC regarding all business matters. I flrtther explained to the gentlemen that the firm could not assist the Kodiak -Kenai Cable Company, LLC in this contract matter unless both parties waived the conflict of interest and consented to the firm representing the Kodiak -Kenai Cable Company, LLC exclusively in this matter. This letter is intended to advise you of the conflict of interest and of the ethical implications of the firm representing the Kodiak -Kenai Cable Company, LLC exclusively in this matter in the event each of you agrees to waive the potential conflict of interest. Messrs. Carlson and Christiansen each stated verbally this firm could represent the Kodiak -Kenai Cable Company; however, we are required to procure the consent of each party in writing. Therefore, if the terms outlined in this letter are satisfactory to cach of you, please sign and return the enclosed copy of this letter acknowledging that you have read and understand it and consent to the firm representing the Kodiak -Kenai Cable Company, LLC exclusively in the contract Emil Christiansen, Sr, Mr. Patrick S. Carlson September 27, 2004 Page 2 matter. If you have any questions about anything discussed in this letter, please let me know. Also, you should each feel free to consult with another attorney about the effect of signing this letter. Best regards. CWE/sm cc: Joseph L. Reece, Esq. DATED: DATED: 4^ a es. o 47021A1S tetter.wpd Very truly yours, JAMIN, EBELL, SCHMITT & MASON aciec C. Walter Ebell CONSENT We have read the foregoing letter and we understand its contents. We consent to the law firm of Jamin, Ebell, Schmitt & Mason representing the Kodiak -Kenai Cable Company, LLC exclusively in the above - described contract proceeding pending before the Kodiak Island Borough Assembly, Emil Christiansen, Sr., President Kodiak-Kenai Cable Company, LLC Patrick S. Carlson, Manager Kodiak Island Boroug ly, A nzreeu Aneej: G (( arouy/ 9/;94 Emil Christiansen, Sr. Mr, Patrick S. Carlson September 27, 2004 Page 2 Therefore, if the terms outlined in this letter are satisfactory to each of you, please sign and return the enclosed copy of this Letter acknowledging that you have read and understand it and consent to the firm representing the Kodiak -Kenai Cable Company, LLC exclusively in the contract matter. If you have any questions about anything discussed in this letter, please let me know. Also, you should each feel free to consult with another attorney about the effect of signing this letter. CWE/sm ce: Joseph L. Reece, Esq. DATED; Best regards. 4702102L002.wpd Very truly yours, JAMIN, EBELL, SCHMITT St MASON e7 C. Walter Ebell CONSENT We have read the foregoing letter and we understand its contents. We consent to the law firm ofJamin, Ebell, Schmitt & Mason representing the Kodiak -Kenai Cable Company, LLC exclusively in the above- described contract proceeding pending before the Kodiak Island Borough Assembly. p DATED: 4'x9.7 -a00f4 4w t ( ,4 Emil Christiansen, Sr., President Kodiak - Kenai Cable Company, LLC Patrick S. Carlson, Manager Kodiak Island Borough Meeting of October 21, 2004 Ratifying and Certifying the Results of the Municipal Election Held October 5, 2004. This is to certify and ratify the October 5, 2004 Kodiak Island Borough Municipal Election. APPROVAL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT Recommended motion: Move to adopt Resolution No. FY 2005 -07. ITEM NO. 13.B.1 Resolution No. FY2005 -07 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -07 Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/21/2004 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 5, 2004 WHEREAS, the Kodiak Island Borough held a Regular Election on October 5, 2004, at which time candidates for the following office to be filled were voted on: Borough Mayor - One (1) three -year term Borough Assembly - Two (2) three -year terms Borough Assembly - One (1) two -year term School Board - One (1) three -year term Fire Protection Area No. 1 Board - Two (2) three -year terms Service Area No. 1 Board - Two (2) three -year terms Bay View Road Service Area Board - Two (2) three -year terms Monashka Bay Road Service Area Board - Two (2) three -year terms Womens Bay Service Area Board -Two (2) three -year terms WHEREAS, the Canvassing Board of the Kodiak Island Borough met on October 7 and 13, 2004 and tallied the votes of Absentee Ballots, Questioned Ballots, and Special Needs Ballots together with votes counted on election night; and WHEREAS, the tallies as recorded by the Canvass Board are as follows: KODIAK ISLAND BOROUGH MAYOR - One (1) three -year term SELBY, Jerome 1343 KING, Dave 724 MAHONEY, Ed 390 Write -ins 12 KODIAK ISLAND BOROUGH ASSEMBLY - Two (2) three -year terms WILLIAMS, Barbara. 1215 BRANSON, Pat 1194 OSWALT, Reed 974 HEINRICHS, Robin. 872 Write -ins 25 KODIAK ISLAND BOROUGH ASSEMBLY - One (1) three -year term ANDERSON, Mike . 2181 Write -ins 53 KIB SCHOOL DISTRICT BOARD OF EDUCATION - One (1) three -year term BROWN, Roy 1926 Write -ins 78 Kodiak Island Borough Alaska Resolution No. FY 2005 -07 Rage 1 of 5 FIRE PROTECTION AREA NO. 1 BOARD - One (1) three -year term CASEY, ROBERT. 730 Write -ins 11 SERVICE AREA NO. 1 BOARD - Two (2) three -year terms SPALINGER, GREG. 572 ARNDT, SCOTT 453 Write -ins 22 BAY VIEW ROAD SERVICE AREA BOARD - Two (2) three - year terms Write -ins OSWALT, Reed 5 BLACK, Dawn 3 ROBERTS, Fred 3 HAGEMEYER, Gail 2 FINN, Fru 1 BAKER, Rick 1 BLACK, Joe 1 HAGEMEYER, Henry 1 KUTCHICK, Natasha 1 LOPEZ, Greg 1 MARCH, Jeff 1 SCHAUFF, James 1 SPALINGER, Greg 1 YOVINO, Bill 1 MONASHKA BAY ROAD SERVICE AREA BOARD- Two (2) three - year terms Write -ins DEVRIES, Andrew 12 SUNDBERG, Dave 8 CASSELL, Steve 7 WITHROW, Mark 4 STUTES, Louise 4 DEHART, Steve 2 FOX, Don 2 HAMER, Jeff 2 SPIVEY, Randy 2 STEFFENSEN, Steven 2 AUITO, Dan 1 DAVIDSON, Kia 1 CRAWFORD, James 1 DILLON, Shawn 1 DOOLEY, Tom 1 DOWELL, John 1 r,.., n_L 1 r 1 , ODU LOPEZ, Greg 1 OGG, Dan 1 OSWALT, Reed 1 RAZZO, Greg 1 THUMMEL, Sandy 1 TURNER, Darlene 1 YNGUE, Glenn 1 ZIMMER, Dr. 1 Kodiak Island Borough Alaska Resolution No. FY 2005 -07 Page 2 of 5 WOMENS BAY SERVICE AREA BOARD - Two (2) three -year terms Write -ins CONRAD, Dave 18 TOMS, Russ 12 GONDEK, Ed 7 LYNCH, Chris 3 TROSVIG, Tom 3 DRYDEN, Steve 2 MORTON, Mike 2 RICE, Marie 2 ROBERTS, Bill 2 WALTMAN, Fred 2 BLAU, Forrest 1 BLEU, Forest 1 BUBEN, Vern 1 CARLSON, Eric 1 CARVER, Gary 1 COBIS, Jim 1 DUNGAN, Peter 1 EGLE, Greg 1 FLINDERS, Val 1 GONDACK, Ed 1 GRIFFIN, Karen 1 GRIFFIN, Scott 1 HARRIS, Ted 1 HAIGHT, Michael 1 HALES, Bob 1 HAUK, Jim 1 HEUMAN, Dave 1 HICKEY, Mary Ann 1 HILL, John 1 HOCUM, Tim 1 HOCUM, Timothy 1 HOGEN, Doug 1 HUMANS, David 1 ISADORE, John 1 JACKSON, David 1 JOLIN, Ron 1 LEE, George 1 LOFQUIST, John 1 McFARLAND, Jack 1 NIELSEN, Chris 1 OLSEN, Peter 1 PETIT, Patty 1 PROKOPOWICH, Dave 1 RICE, Dale 1 SCHWENTES, Tom 1 SPRINGER, Tom 1 TESCH, Tim 1 VARGO, Steve 1 WELLS, Jim 1 Kodiak Island Borough Alaska Resolution No. FY 2005 -07 Page 3 of 5 PROPOSITION NO. 1 YES 1346 NO 1109 PROPOSITION NO. 2 YES 1325 NO 1111 PROPOSITION NO. 3 YES 1064 NO 1379 TOTAL REGISTERED VOTERS Precinct 605 Precinct 608 Precinct 615 Precinct 618 Precinct 620 Precinct 622 Precinct 625 Precinct 635 Precinct 645 TOTAL TOTAL VOTES CAST Chiniak 127 Flats 2114 Kodiak Island South 222 Kodiak No. 1 2054 Kodiak No. 2 1857 Mission Road 2731 Old Harbor 156 Ouzinkie 146 Port Lions 264 9671 Chiniak 39 30.7% Flats 249 11.8% Kodiak Island South 42 18.9% Kodiak No. 1 497 24.2% Kodiak No. 2 380 20.5% Mission Road 869 31.8% Old Harbor 63 40.4% Ouzinkie 71 48.6% Port Lions 62 23.5% 3.4% 26.9% Precinct 605 Precinct 608 Precinct 615 Precinct 618 Precinct 620 Precinct 622 Precinct 625 Precinct 635 Precinct 645 Absentee, Questioned, Special Needs ... 327 TOTAL 2599 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Assembly finds that the Municipal Election of October 5, 2004 was validly held and hereby ratifies and certifies the results of the election. Section 2: In the Borough -wide election for MAYOR, Jerome Selby was elected to a three - year term, having received the highest vote tally. Section 3: In the Borough -wide election for ASSEMBLY, Barbara Williams and Pat Branson were elected to three -year terms each, having received the highest vote tallies. Section 4: In the Borough -wide election for ASSEMBLY, Mike Anderson was elected to a two -year term, having received the highest vote tally. Kodiak Island Borough Alaska Resolution No. FY 2005 -07 Page 4 of 5 Section 5: In the Borough -wide election for SCHOOL BOARD, Roy Brown was elected to a three -year term on the Board of Education, having received the highest vote tally. Section 6: In FIRE PROTECTION AREA NO. 1, Robert Casey was elected to a three -year term on the Board, having received the highest vote tally. Section 7: In SERVICE AREA NO. 1, Greg Spalinger and Scott Arndt were elected to three - year terms on the Board having received the highest vote tallies. Section 8: In the BAY VIEW ROAD SERVICE AREA, Reed Oswalt was elected to a three - year term on the Board, having received the highest write -in vote tally. As Mr. Oswalt currently serves on the board and cannot hold two seats, his choice would be to either resign the current seat or decline to assume the duties of the newly elected seat. In either case a vacancy would be created that would be filled per KIB 4.15.040 Section 9: In the BAY VIEW ROAD SERVICE AREA, Don Black and Fred Roberts each received three write -in votes, to be decided by lot. Decided by lot, Dawn Black was elected to a three -year term on the Board. Section 10: In the MONASHKA BAY ROAD SERVICE AREA, Andrew DeVries and Dave Sundberg were elected to three -year terms on the Board, having received the highest write -in vote tallies. Section 11: In the WOMENS BAY SERVICE AREA, Dave Conrad and Russ Toms were elected to three -year terms on the Board, having received the highest write -in vote tallies. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF , 2004 ATTEST: Gabrielle LeDoux, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Alaska Resolution No. FY 2005 -07 Page 5 of 5 Regular Meeting of October 21, 2004 This ordinance provides for the bonds to be sold. APPROVAL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.1 Ordinance No. FY 2005 -08 An Ordinance of the Kodiak Island Borough Assembly Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series B in the Principal Amount of Not to Exceed $11,050,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. Fiscal Notes: Expenditure amount: Recommended motion: Move to adopt Ordinance No. FY2005 -08 in first reading to advance to public hearing on November 4, 2004. Introduced by: Manager Carlson Requested by: Assembly Drafted by: Bond Counsel Introduced: 10/21/2004 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2005 -08 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION SCHOOL BONDS, 2004 SERIES B IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $11,050,000 TO PROVIDE FUNDS FOR SCHOOL AND RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS OF ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR RELATED MATTERS WHEREAS, pursuant to Ordinance No. 2004 -03 of the Kodiak Island Borough, Alaska (the "Borough"), adopted March 18, 2004, a question whether the Borough should issue not to exceed $2,765,000 in general obligation bonds for the purpose of financing the planning, design and construction of school and related capital improvements in the Borough, referred to at the special Borough election held on April 20, 2004 as Proposition No. 1 ( "April Proposition 1 "), was passed and approved; and WHEREAS, pursuant to Ordinance No. FY2005 -04 of the Borough, adopted September 2, 2004, a question whether the Borough should issue not to exceed $6,210,000 in general obligation bonds for the purpose of financing the planning, design and construction of school and related capital improvements in the Borough, referred to at the regular Borough election held on October 5, 2004 as Proposition No. 1 ( "October Proposition 1 "), was passed and approved; and WHEREAS, pursuant to Ordinance No. FY2005 -05 of the Borough, adopted September 2, 2004, a question whether the Borough should issue not to exceed $4,190,000 in general obligation bonds for the purpose of financing the planning, design and construction of school and related capital improvements in the Borough, referred to at the regular Borough election held on October 5, 2004 as Proposition No. 2 ( "October Proposition 2 "), was passed and approved; and WHEREAS, said elections have been duly canvassed and the results thereof certified and confirmed in accordance with law, and $650,000 principal amount of general obligation bonds remains unissued under April Proposition 1, $6,210,000 principal amount of general obligation bonds remains unissued under October Proposition 1, and $4,190,000 principal amount of general obligation bonds remains unissued under October Proposition 2; and WHEREAS, the Assembly finds that it is in the best interest of the Borough to plan, design and construct the school capital improvements described in April Proposition 1 as the Kodiak High School Pool Space Reclamation; in October Proposition 1 as the New School Pool, 6 -Lane, 1 Diving Board; and in October Proposition 2 as the Kodiak High Voc Ed /Classroom Reclamation i c ( lectv&y the "Project"); (collectively, t " u lc rlvjc�.t , and to issue not to exceed $650,000 principal amount of general obligation bonds referred to in April Proposition 1, not to exceed $6,210,000 principal amount of general obligation bonds referred to in October Proposition 1, and not to exceed $4,190,000 principal amount of general obligation bonds referred to in October Proposition 2, to pay costs of the Project and costs of issuing the bonds; and Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 1 of 12 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of the Borough Manager and Borough Finance Director authority to determine the maturity amounts, interest rates and other details of the bonds, and to determine other matters that are not provided for in this ordinance; and WHEREAS, there has been presented to the Borough the form of a Loan Agreement between the Alaska Municipal Bond Bank and the Borough, which provides for the Alaska Municipal Bond Bank to purchase the bonds on the terms and conditions set forth therein and in this ordinance, and it is in the best interest of the Borough that the Borough sell the bonds to the Alaska Municipal Bond Bank under such terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Definitions. In addition to terms which are defined in the recitals above, the following terms shall have the following meanings in this ordinance: (a) "Assembly" means the Assembly of the Kodiak Island Borough, as the general legislative authority of the Kodiak Island Borough, as the same shall be duly and regularly constituted from time to time. (b) "Bond" or "Bonds" means any of the "General Obligation School Bonds, 2004 Series B" of the Kodiak Island Borough, the issuance and sale of which are authorized herein. (c) "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation of the State of Alaska. (d) "Bond Bank Bonds" means the General Obligation Bonds, 2004 Series D of the Bond Bank. (e) "Bond Register" means the registration books maintained by the Registrar, which include the names and addresses of the Registered Owners of the Bonds or their nominees. (f) 'Borough" means the Kodiak Island Borough, a municipal corporation of the State of Alaska, organized as a second class Borough under Title 29 of the Alaska Statutes. (g) "Code" means the Internal Revenue Code of 1986, as amended from time to time, together with all regulations applicable thereto. (k) "Cost" or "rnoto" moons the rnct of nlnnninn rlocinninn crnnirinn property for, acquiring, constructing, installing and equipping the Project, including interest on the Bonds during the period of planning, designing, acquiring property for, acquiring, constructing, installing and equipping the Project, the cost whether incurred by the Borough or by another of field surveys and advance planning undertaken in connection with the Project properly allocable to the Project, the cost of acquisition of any land or interest therein required as the site or sites of the Project or for use in connection therewith, the Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 2 of 12 cost of any indemnity and surety bonds and premiums on insurance incurred in connection with the Project prior to or during construction thereof, all related direct administrative and inspection expenses whether incurred by the Borough or by another in connection with the Project prior to or during construction thereof, all related direct administrative and inspection expenses whether incurred by the Borough or by another in connection with the Project prior to or during construction thereof and allocable portions of direct costs of the Borough, legal fees, costs of issuance of the Bonds by the Borough, including financing charges and fees and expenses of bond counsel, financial advisors and consultants in connection therewith, the cost of any bond insurance premium and bond ratings, the cost of audits, the cost of all machinery, apparatus and equipment, cost of engineering, architectural services, designs, plans, specifications and surveys, estimates of cost, the reimbursement of all moneys advanced from whatever source for the payment of any item or items of cost of the Project, and all other expenses necessary or incidental to the acquisition and development of the Project, the financing thereof and the putting of the same in use and operation. (1) "Government Obligations" means obligations that are either (i) direct obligations of the United States of America or (ii) obligations of an agency or instrumentality of the United States of America the timely payment of the principal of and interest on which are unconditionally guaranteed by the United States of America 0) "Loan Agreement" means the Loan Agreement between the Borough and the Bond Bank concerning the Bonds. (k) "Ordinance" means this Ordinance No. FY 2005 -08 of the Borough. (1) 'Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. (m) 'Registrar" means the Borough Treasurer. Section 3: Authorization of Bonds and Purpose of Issuance. For the purpose of providing part of the funds required to pay the Costs of the Project, to provide for original issue discount, if any, and to pay all costs incidental thereto and to the issuance of the Bonds, the Borough hereby authorizes and determines to issue and sell the Bonds in the aggregate principal amount of not to exceed $11,050,000. Section 4: Obligation of Bonds. The Bonds shall be direct and general obligations of the Borough and the full faith and credit of the Borough are hereby pledged to the payment of the principal of and interest on the Bonds. The Borough hereby irrevocably pledges and covenants that it will levy and collect taxes upon all taxable property within the Borough without limitation as to rate or amount, in amounts sufficient, together with other funds legally available therefor. to pay the principai of and interest on the Bonds as the same become due and payable. Section 5: Designation, Maturities, Interest Rates, and Other Details of Bonds. The Bonds shall be designated "Kodiak Island Borough, Alaska, General Obligation School Bonds, 2004 Series B." The Bonds shall be in the denomination of $5,000 or any integral multiple thereof, shall be numbered separately in the manner and with such additional designation as the Registrar deems necessary for purposes of Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 3 of 12 identification, and may have endorsed thereon such legends or text as may be necessary or appropriate to conform to the rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Bonds shall mature in one or more years commencing no earlier than 2005 and ending no later than 2025, with the principal amount of each maturity not exceeding $1,500,000. The Bonds shall bear interest from their date, payable commencing on a date on or after July 1, 2005, and semi - annually thereafter in each year. Interest will be computed on the basis of a 360 -day year consisting of twelve 30 -day months. Subject to Section 3 and the remainder of this section, the dated date, the principal and interest payment dates, the record dates for interest payments, the aggregate principal amount, the principal amount of each maturity, and the interest rates on the Bonds shall be determined at the time of execution of the Loan Agreement under Section 18. Section 6: Optional Redemption. The Bonds, if any, subject to optional redemption by the Borough, the time or times when such Bonds are subject to optional redemption, the terms upon which such Bonds may be redeemed, and the redemption price or redemption prices for such Bonds, shall be determined at the time of execution of the Loan Agreement under Section 18. Section 7: Selection of Bonds for Redemption; Notice of Redemption. (a) Selection of Bonds for Redemption. When the Bond Bank is the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in this subsection (a). If the Borough redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such other manner determined by the Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the Borough shall treat such Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal amount of a Bond is redeemed, upon surrender of such Bond at the office of the Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations authorized herein. (b) Notice of Redemption. When the Bond Bank is the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be given as provided i the Loan Agr When the Bond Rank is not the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be made as provided in this subsection (b). Notice of redemption shall be mailed not less than 30 nor more than 45 days prior to the date fixed for redemption by first class mail to Registered Owners of the Bonds to be redeemed at their addresses as they appear on the Bond Register on the day the notice is mailed. Notice of redemption shall be deemed to have been given when the notice is mailed as herein provided, whether or not it is actually received by the Registered Owners. Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 4 of 12 Section 8: All notices of redemption shall be dated and shall state: (1) the redemption date; (2) the redemption price; (3) if fewer than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office of the Registrar. Official notice of redemption having been given as aforesaid, Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date, such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender of any Bond for partial redemption, there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. Each check or other transfer of funds issued to pay the redemption price of Bonds shall bear the CUSIP number, if any, identifying, by maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Form of Bond. Each Bond shall be in substantially the following form, with such variations, omissions and insertions as may be required or permitted by this Ordinance: UNITED STATES OF AMERICA STATE OF ALASKA KODIAK ISLAND BOROUGH (A Municipal Corporation of the State of Alaska) NO. $ GENERAL OBLIGATION SCHOOL BOND, 2004 SERIES B REGISTERED OWNER: PRINCIPAL AMOUNT: The Kodiak Island Borough (the "Borough"), a municipal corporation of Me state of Alaska, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or its registered assigns, the principal amount shown above in the following installments on of each of the following years, and to pay interest on such installments from the date hereof, payable on , 200_ and semiannually thereafter on the _ days of and of each year, at the rates per annum as follows: Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 5 of 12 Year Principal Interest Amount Rate When this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank "), payment of principal and interest shall be made as provided in the Loan Agreement between the Bond Bank and the Borough (the "Loan Agreement "). When this Bond is not owned by the Bond Bank, installments of principal and interest on this Bond shall be paid by check or draft mailed by first class mail to the Registered Owner as of the close of business on the day of the month each installment payment date; provided that the final installment of principal and interest on this Bond shall be payable upon presentation and surrender of this Bond by the Registered Owner at the office of the Registrar. Interest will be computed on the basis of a 360 -day year consisting of twelve 30 -day months. Both principal of and interest on this Bond are payable in lawful money of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is one of the General Obligation School Bonds, 2004 Series B of the Kodiak Island Borough, Alaska, of like tenor and effect except as to interest rate, serial number and maturity, aggregating $ in principal amount, and constituting Bonds authorized for the purpose of paying the cost of school and related capital improvements in the Borough, and is issued under Ordinance No. FY2005 -_ of the Borough entitled: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION SCHOOL BONDS, 2004 SERIES B IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $11,050,000 TO PROVIDE FUNDS FOR SCHOOL AND RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS OF ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR RELATED MATTERS (the "Ordinance "). Installments of principal of this Bond due on and after , 20 , shall be subject to prepayment on and after , 20 , at the option of the Borough (subject to any applicable provisions of the Loan Agreement), in such principal amounts and from such maturities as the Borough may determine, and by lot within a maturity, at a redemption price equal to the principal amount 4.. L.......r a rl ran, infcrcc4 In tha rlotc of nrcno ,mcn4 This Bond is transferable as provided in the Ordinance, (i) only upon the bond register of the Borough, and (ii) upon surrender of this Bond together with a written instrument of transfer duly executed by the registered owner or the duly authorized attorney of the registered owner, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and maturity shall be Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 6 of 12 issued to the transferee in exchange therefor as provided in the Ordinance and upon the payment of charges, if any, as therein prescribed. The Borough may treat and consider the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price, if any, hereof and interest due hereon and for all other purposes whatsoever. This Bond is a general obligation of the Kodiak Island Borough, and the full faith and credit of the Borough are pledged for the payment of the principal of and interest on the Bond as the same shall become due. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the constitution or statutes of the State of Alaska to exist, to have happened or to have been performed precedent to or in the issuance of this Bond exist, have happened and have been performed, and that the series of Bonds of which this is one, together with all other indebtedness of the Borough, is within every debt and other limit prescribed by said constitution or statutes. IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, ALASKA, has caused this Bond to be signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to be impressed or otherwise reproduced hereon and attested by the manual or facsimile signature of its Clerk, all as of the day of 2004. ATTEST: Clerk Mayor [SEAL] Section 9: Execution. The Bonds shall be executed in the name of the Borough by the manual or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) shall be impressed or otherwise reproduced thereon and attested by the manual or facsimile signature of the Borough Clerk. The execution of a Bond on behalf of the Borough by persons who at the time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such person shall have ceased to hold office at the time of delivery of the Bond or shall not have held office on the date of the Bond. Section 10: Payment of Principal and Interest. The Bonds shall be payable in lawful money of the United States of America which at the time of payment is legal tender for the payment of public and private debts. When the Bond Bank is the Registered Owner of the Bonds, payment of principal and interest on the Bonds shall be made as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, installments of principal and interest on the Bonds shall be paid by check mailed by first class mail to the Registered Owner as of the record date for the installment payment at the address appearing on the Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 7 of 12 Bond Register; provided that the final installment of principal and interest on a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner at the office of the Registrar. Section 11: Registration. The Bonds shall be issued only in registered form as to both principal and interest. The Borough designates the Borough Treasurer as Registrar for the Bonds. The Registrar shall keep, or cause to be kept, the Bond Register at the principal office of the Borough. The Borough covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. The Borough and the Registrar may treat the person in whose name any Bond shall be registered as the absolute owner of such Bond for all purposes, whether or not the Bond shall be overdue, and all payments of principal of and interest on a Bond made to the Registered Owner thereof or upon its order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the Borough nor the Registrar shall be affected by any notice to the contrary. Section 12: Transfer and Exchange. Bonds shall be transferred only upon the books for the registration and transfer of Bonds kept at the office of the Registrar. Upon surrender for transfer or exchange of any Bond at such office, with a written instrument of transfer or authorization for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, the Borough shall execute and deliver an equal aggregate principal amount of Bonds of the same maturity of any authorized denominations, subject to such reasonable regulations as the Borough may prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in connection with such transfer or exchange. All Bonds surrendered for transfer or exchange shall be canceled by the Registrar. Section 13: Bonds Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar of a mutilated Bond, the Borough shall execute and deliver a new Bond of like maturity and principal amount. Upon filing with the Registrar of evidence satisfactory to the Borough that a Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing the Borough with indemnity satisfactory to it, the Borough shall execute and deliver a new Bond of like maturity and principal amount. The person requesting the execution and delivery of a new Bond under this section shall comply with such other reasonable regulations as the Borough may prescribe and pay such expenses as the Borough may incur in connection therewith. Section 14: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the Bonds representing accrued interest on the Bonds shall be applied to pay a portion of the interest due on the Bonds on the first interest payment date for the Bonds. The eale nrnreerIc of the Rnnds representing original issue premium on the Bonds shall be applied to pay issuance costs of the Bonds, a portion of the interest due on the Bonds on the first interest payment date for the Bonds, or Costs of the Project, and shall be deposited in such manner, as the Borough Manager or the Borough Finance Director may determine. The remaining sale proceeds of the Bonds shall be applied to pay Costs of the Project and issuance costs of the Bonds, and shall be deposited in the appropriate funds or accounts of the Borough for such purposes. Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 8 of 12 Section 15: Tax Covenants. The Borough covenants to comply with any and all applicable requirements set forth in the Code in effect from time to time to the extent that such compliance shall be necessary for the exclusion of the interest on the Bonds from gross income for federal income tax purposes. The Borough covenants that it will make no use of the proceeds of the Bonds which will cause the Bonds to be "arbitrage bonds" subject to federal income taxation by reason of Section 148 of the Code. The Borough covenants that it will not take or permit any action that would cause the Bonds to be "private activity bonds" as defined in Section 141 of the Code. Section 16: Amendatory and Supplemental Ordinances. (a) The Assembly from time to time and at any time may adopt an ordinance or ordinances supplemental hereto, which ordinance or ordinances thereafter shall become a part of this Ordinance, for any one or more of the following purposes: (1) To add to the covenants and agreements of the Borough in this Ordinance, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the Borough. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this Ordinance or in regard to matters or questions arising under this Ordinance as the Assembly may deem necessary or desirable and not inconsistent with this Ordinance and which shall not adversely affect the interests of the Registered Owners of the Bonds. Any such supplemental ordinance may be adopted without the consent of the Registered Owners of any of the Bonds at any time outstanding, notwithstanding any of the provisions of subsection (b) of this section. (b) With the consent of the Registered Owners of not less than 60 percent in aggregate principal amount of the Bonds at the time outstanding, the Assembly may adopt an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance shall: (1) Extend the fixed maturity of any of the Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the Registered Owners of each Bond so affected; or (2) Reduce the aforesaid percentage of Registered Owners of Bonds required to approve any such supplemental ordinance without the consent of the Registered Owners of all of the Bonds then outstanding. It shall not be necessary for the consent of the Registered Owners of the Bonds under this subsection to approve the particular form of any proposed Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 9 of 12 supplemental ordinance, but it shall be sufficient if such consent approves the substance thereof. (c) Upon the adoption of any supplemental ordinance under this section, this Ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the Borough and all Registered Owners of outstanding Bonds shall thereafter be subject in all respects to such modification and amendment, and all the terms and conditions of the supplemental ordinance shall be deemed to be part of the terms and conditions of this Ordinance for any and all purposes. (d) Bonds executed and delivered after the execution of any supplemental ordinance adopted under this section may bear a notation as to any matter provided for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new Bonds modified so as to conform, in the opinion of the Borough, to any modification of this Ordinance contained in any such supplemental ordinance may be prepared by the Borough and delivered without cost to the Registered Owners of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. Section 17: Defeasance. In the event money and /or non - callable Government Obligations maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any or all of the Bonds in accordance with their terms are set aside in a special trust account to effect such redemption or retirement and such moneys and the principal of and interest on such Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made to pay or secure the payment of the principal of and interest on such Bonds and such Bonds shall be deemed not to be outstanding. Section 18: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond Bank as provided in the Loan Agreement. Subject to the limitations provided in Sections 3 and 5, each of the Borough Manager and the Borough Finance Director is hereby authorized to determine the aggregate principal amount, maturity amounts, interest rates, yields, dated date, principal and interest payment dates, redemption terms, if any, for the Bonds, and other details of the Bonds; provided that the true interest cost of the Bonds, expressed as an annual rate, does not exceed 6.5 percent. In determining the maturity amounts, sinking fund installments, if any, interest rates, yields, and redemption terms, if any, for the Bonds, the Borough Manager or Borough Finance Director shall take into account those factors which, in his judgment, will result in the lowest true interest cost on the Bonds to their maturity, including without limitation current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Based upon the foregoing determinations, the Borough Manager and the Borough Finance Director each is authorized to execute the 1 n Anracmcnt in ci ihctantially tha form presented at this meeting, Section 19: Official Statement. The distribution of the preliminary Official Statement for the Bond Bank Bonds in substantially the form presented at this meeting is approved as it pertains to the Borough and the Bonds. The information in the preliminary Official Statement relating to the Borough and the Bonds may be modified as the Borough Manager or Borough Finance Director may determine. The Borough Manager and Borough Finance Director each is hereby authorized to approve the Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 10 of 12 form of the final Official Statement for the Bond Bank Bonds as it pertains to the Borough and the Bonds. Section 20: Authority of Officers. The Mayor, the acting Mayor, the Borough Manager, the acting Borough Manager, the Borough Finance Director, the acting Borough Finance Director, the Borough Clerk, and the acting Borough Clerk each is authorized and directed to do and perform all things and determine all matters not determined by this Ordinance, to the end that the Borough may carry out its obligations under the Bonds and this Ordinance. Section 21: Miscellaneous. (a) All payments made by the Borough of, or on account of, the principal of or interest on the Bonds shall be made on the several Bonds ratably and in proportion to the amount due thereon, respectively, for principal or interest as the case may be. (b) No recourse shall be had for the payment of the principal of or the interest on the Bonds or for any claim based thereon or on this Ordinance against any member of the Assembly or officer of the Borough or any person executing the Bonds. The Bonds are not and shall not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the Borough, and do not and shall not create or constitute an indebtedness or obligation, either legal, moral or otherwise, of said state or of any political subdivision thereof, except the Borough. Section 22: Continuing Disclosure. The Borough hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate that has been presented at this meeting. Notwithstanding any other provision of this Ordinance, failure of the Borough to comply with the Continuing Disclosure Certificate shall not be considered a default of the Borough's obligations under this Ordinance, the Loan Agreement or the Bonds; however, the beneficial owner of any Bond or Bond Bank Bond may bring an action for specific performance, to cause the Borough to comply with its obligations under this section. Section 23: Severability. If any one or more of the provisions of this Ordinance shall be declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions of this Ordinance and shall in no way affect the validity of the other provisions of this Ordinance or of the Bonds. Section 24: Effective Date. This Ordinance shall become effective upon passage and approval. Kodiak Island Borough, Alaska Ordinance No. FY 2005 -08 Page 11 of 12 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No FY 2005 -08 Page 12 of 12 Regular Meeting of October 21, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.1 Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. This action seeks late approval of a senior citizen application after the statutory deadline of March 15 of each year. State Statutes allow the governing body to approve a late application for good cause and direct the Assessor to accept the application as though it was timely filed. In this case, the senior was a new applicant and was unaware of the particulars of eligibility for the program. If the senior had timely filed her application it would have been approved by the Assessor. AS 29.45.030(f) allows the Assembly to waive the claimant's failure to make timely application for the intervening years based on his misunderstanding of this requirement. Fiscal Notes: Expenditure amount: APPROVAL FOR AGENDA: Recommended motion: Move to Waive the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed. KODIAKISLAND BOROUGH Assessing Department TO: Pat Carlson, Borough Manager FROM: Debra Rippey, Appraiser Technician DATE: October 12, 2004 SUBJECT: Late File Senior Citizen MEMORANDUM Jeanne Bennett has submitted the attached application. She is applying for a senior exemption as a late file Senior Citizen for tax year 2004. As stated in her late file affidavit, Jeanne has been under the impression that both she and her spouse must be 65 years of age before an exemption could be granted and did not apply for the exemption when she turned 65 in September 2003. Because she was 65 on January 1, 2004, she would have been eligible for the exemption in Tax Year 2004. Please review this application for approval of a tax year 2004 late file exemption. Thank you. Kodiak Island Borough Assessing Department Adjustment Request Date: October 11, 2004 Account: R1510000014 Adjustment No: 2005 -19R Abatement: X Refund: Re -bill: Name: Jeanne M. Bennett P.O. Box 368 Kodiak, AK 99615 Legal: KADIAK AK TR A -4 UNIT 5 Explanation of Change: Late file Senior Citizen. Property owner should be exempted 100 %. Please abate for TY 2004. Valuation Total Tax Assessed Value: 2004 $ 132,600 Add: Subtract: 2004 $ 132,600 Corrected Value: 2004 - 0 - Prepared by: Debra Rippey Date: 10/11/2004 Approved by: Date: NAME:�PI4 (3Eaigetr ADDRESS: 2a eX2X CITY, ST, ZIP: i IAKtAke9q4./ )' SPOUSE: - S.A.-}N, F. -Bide-r3- ACCOUNT #: 060 cern `. LEGAL ADDRESS: D\ Ack.. ikk i p A- U L IT Jc PHYSICAL ADDRESS: SI 12. U309 Dy ■-4.3 1 I HEREBY APPLY FOR THE SENIOR CITIZEN PROPERTY TAX EXEMPTION AS PROVIDED FOR IN AS 29.45.030(E), FOR THE 2004 ASSESSMENT YEAR. I CERTIFY BY SIGNING BELOW THAT THE INFORMATION ON THIS APPLICATION IS TRUE AND CORRECT. I ALSO CERTIFY THAT THE ABOVE PROPERTY IS MY PRINCIPAL RESIDENCE, THAT I RESIDED ON THE PROPERTY MORE THAN 80 DAYS IN 2003, AND THAT OTHER THAN AS NOTED I HAVE NOT HAD ANY COMMERCIAL OR RENTAL USE OF THE PROPERTY DURING 2003. I FURTHER CERTIFY THAT I AM AWARE THAT A FALSE STATEMENT IS PUNISHABLE BY FINE OR IMPRISONMENT AS PROVIDED FOR IN AS 11.56.210 AND DENIAL OF AN EXEMPTION FROM PROPERTY TAXES. ARE YOU THE OWNER OF THE LAND AND IMPROVEMENTS LISTED ABOVE? YES X NO PERCENTAGE OF THE PROPERTY USED FOR COMMERCIAL /RENTAL PURPOSES IN 2003. N IA DID ANY OTHER PARTIES RESIDE ON THE PROPERTY IN 2003? YES NO X DID YOU RECEIVE A PERMANENT FUND DIVIDEND FOR 2003? YES HOW MANY DAYS DURING 2003 WERE YOU AWAY FROM THIS RESIDENCE? X NO 2004 SENIOR CITIZEN PROPERTY TAX EXEMPTION APPLICATION FAILURE TO COMPLETE THIS FORM IN FULL MAY RESULT IN DENIAL OF EXEMPTION 1 i44A-c )1 e> 1 NA URE OF APPLICANT / /t l o OFFICIAL USE ONLY New Filing Approved PFD 2003 Denied KODIAK ISLAND BOROUGH ASSESSING DEPARTMENT 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486 -9353 • Fax (907) 486 -9395 E -mail: drippey@kib.co.kodiak.ak.us TELEPHONE: /-7gp/ .. ggF SPOUSE'S DATE OF BIRTH: 3)3006 TCA: 1 SCHOOL DIST: k ISIS t/ U SIGNATURE OF WITNESS '° /II /1 - DATE OF BIRTH: 'ilagin Dt � A �� T � / - �/ / �� WITNESS NAME- - 1 PRINT TE ED Ap�� /nu cam° l� v l c cc riA\ - WITNESS ADDRESS DDRESS WITNESS CITY, STATE, ZIP Please return to the Kodiak Island Borough Assessing Department in the enclosed return envelope before the filing deadline of January 15, 2004. If you have any questions, please contact our office at 486 -9353. I, tGiwv- -e / rt , am applying late for my 2004 Senior Citizen's l� / k / Exemption for the following Inical-4-- _ • - _ 7,A a .e . ./ / . , ?' G¢iz vr�, ��er, it )%( 1-ta -4 a-- s.,a(_ t.�.�-e- —c_-- KODIAK ISLAND BOROUGH 2004 SENIOR CITIZEN PROPERTY TAX EXEMPTION LATE FILE AFFIDAVIT iq/I /09. ./tnr4 »i g>"... DATE N•TURE Regular Meeting of October 21, 2004 Disposal of Onion Bay Property. This is a request for disposal of Borough land according to KIB Code Section 18.20.030 made by owners of adjacent private land in Onion Bay. The Planning and Zoning Commission has adopted a resolution according to KIBC 18.30.020 recommending that the Borough Assembly dispose of the 1.79 acre tract to the applicant for fair market value, with the costs associated with survey, appraisal, title search, agreement preparateion and documentation recordation borne by the applicant. Two conditions of approval are recommended by the Commission. The first would require the applicant to record and file a Title 16 conforming plat consolidating the acquisition tract with with the existing 3.46 acre private parcel, creating a 5.25 acre lot satisfying the five acre minimum lot size of the C- Conservation zoning district. The second conditon would be the platting of a fify (50) foot wide pedestrian access easement for general public use along the front property line adjacent to Onion Bay which would extend approximately sixty (60) feet northeasterly along the front of the existing private parcel, to provide minimum legal access to the remainder portion of Borough land otherwise obstructed by a steep bluff at the front. The applicant has expressed no objection to either condition. Attached is a brief staff report providing background information, an appraisal report establishing a fair market value for the requested 1.79 acre disposal, and a copy of the survey indicating the proposed disposal request. FISCAL NOTES: ACCOUNT NO.: ❑ N/A Expenditure Amount Required: Budgeted: 0 APPROVAL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.2 RECOMMENDED MOTION: Staff recommends approval of this request consistent with the Planning and Zoning Commission recommendation for disposal to the applicant with two conditions of approval for fair market value based on the attached appraisal report. Kodiak Island Borough Assessing Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9353 Fax (907) 486 -9395 E -mail: rscholze @kib.co.kodiak.ak.us TO: Kodiak Island Borough Assembly THROUGH: Pat Carlson, Borough Manager FROM: Bob Scholze, Appraiser /Acting Assessor DATE: October 12, 2004 SUBJECT: Proposed Onion Bay Land Disposal Appraisal Report: Ptn. Section 33, Onion Bay BACKGROUND This request for disposal of Borough land according to Kodiak Island Borough Code (KIBC) Section 18.20.030 was made by the owners of an adjacent property in Onion Bay with the expressed purpose of bringing their nonconforming three and one half acre lot into conformity with the minimum lot size in the C- Conservation Zoning District. The applicants currently own Tract C, ASLS 76 -233 located on the eastern shore of Onion Bay, a 3.46 acre parcel improved with a recreational cabin, a boat house, and an outhouse. Tract C was surveyed, recorded and transferred into private ownership as part of a State "open -to- entry" land disposal in the 1970's, predating the 1980 "grandfathering" date. Consequently, the tract is designated as a nonconforming lot under KIBC 17.30.050 since it is less that the five (5) acre minimum lot size required for the zoning district. Acquisition of the 1.79 acre portion of adjacent unsubdivided Borough land, as indicated in the existing g T_ a Will result in a n e w con ; g 5.25 attached survey, and consolidation with Cxrll� 11u C will result iu a new w...., g acre lot with no additional subdivision potential. In February of 2004 the Planning and Zoning Commission adopted a resolution according to KIBC 18.30.020.A recommending that the Borough Assembly dispose of the 1.79 portion to the 1 of 3 October 1, 2004 applicant for fair market value, with the costs associated with survey, appraisal, title search, agreement preparation and document recordation borne by the applicant. It is understood that terms are cash at closing. A condition of approval was recommended by the Commission requiring the applicant to record and file a Title 16 conforming plat effecting the consolidation of the parcels within twenty -four (24) months of Assembly approval to finalize the land disposal. The Commission also recommended a site visit by staff to determine the advisability of retaining a pedestrian easement across the disposed portion for public access that might be needed in support of a future disposal of the remainder Borough land, since a formidable bluff otherwise fronts it along Onion Bay. That site visit was conducted during the summer. As a result, staff recommends that a fifty (50) foot wide pedestrian access easement be retained for general public use along the front property line adjacent to Onion Bay, extending approximately sixty (60) feet northeasterly along the front of existing Tract C. This access easement must be indicated on the final plat. This would be consistent with public access platted as part of other KIB subdivisions on tideland (for example, Onion Bay Subdivision, Plat 90 -56). The fifty (50) foot width of the easement exceeds the Commission recommendation, but, after the site visit, staff feels it is the minimum necessary to insure that at least a portion of it covers the top of the bluff. The applicants have expressed no objection to either the proposed fifty -foot wide pedestrian easement or to its extension onto their existing Tract C. APPRAISAL REPORT Related to the request for disposal, a market review has been conducted in order to determine the value of a fee simple estate as of the above date. According to a survey by Horizon Land Surveying dated December 18, 2003, the subject is an irregular triangle shape consisting of 1.79 acres. The tract's 476 feet of frontage on Onion Bay is characterized by a high bluff. The high bench created by this bluff on the westerly most portion of the tract affords a commanding view over Onion Bay not available from existing Tract C. In determining the market value of the subject tract, the appraiser reviewed sales of remote properties of similar size. The most relevant of these, because it was recent as well as close geographically, was sale of Lot 1, Onion Bay Subdivision P Addition in 2004 for $47,000, as confirmed by the buyer. Lot 1, located approximately one half mile across Onion Bay from the subject, consists of 6.75 acres, has good direct access to the Bay and contains a small cabin and a storage building, both in extremely poor condition. The Borough acse.ccerl value of $4d 900 for the land ^ « ly of Lot •,� ..viu Only vl Lvt 1 would appear t0 accurately reflect its vacant lot value after applying a minimal improvement value to the badly deteriorated buildings. This lends a per acre value ($44,900/6.75) of $6,652, which, if applied to the subject tract, would result in a value ($6.652 x 1.79 acres) of $11,907. Since the remote recreational/residential market in Kodiak is normally traded on a site basis and not per unit Appraisal Report: Ptn. Section 33, Onion Bay 2 of 3 October I, 2004 (square foot or acre), this may overstate the value of the acquisition tract since it cannot, by itself, be a legal lot in the C- Conservation zoning district. Applying, however, that per acre value to the entire consolidated 5.25 acre lot results in a value of $34,900, or an increase of $7,400 over the current assessed value ($27,500) of Tract C. A 20% premium has been added to the value contributed by the acquired tract ($7,400 x 1.20 = $8,880) for the considerable additional front frontage ( +10 %) as well as the exceptional panoramic view of the Bay available from the westerly point (+10 %). This is consistent with previous findings for this kind of disposal that the percentage increase in size as a function of the increase in market value of the site best reflects the market value of the subject. Utilizing this concept in analyzing comparable sales, the appraiser has found that generally the increase in value was approximately fifty percent (50 %) of the increase in size. In this case, the increase in lot size is 52 %, while the increase in lot value is 32 %, or 61% of the additional size. Consequently, the appraiser finds the value of the 1.79 acre subject tract requested for disposal as of October 1, 2004 to be: $8,880 EIGHT THOUSAND EIGHT HUNDRED AND EIGHTY DOLLARS This restricted appraisal report is brief in format and a departure from the standard reporting requirements. Supporting data and information are filed in the Assessing Department and are available for review to insure a complete understanding of the appraisal process, conclusions and limiting conditions. This appraisal contains an unbiased opinion of value and has been completed in compliance with the Uniform Standards of Professional Practice. The analysis and conclusions are considered reliable, but the appraiser reserves the right to modify his value conclusions should unknown factors come to light. This report is the property of the Kodiak Island Borough and cannot be used, copied or transmitted without the written approval of the Borough Manager. Signed ob Scholze, A raiser /Acting Assessor, KIB Cc: Judi Neilsen, Borough Clerk Martin Lydick, Associate Planner, Community Development Department Appraisal Report: Ptn. Section 33, Onion Bay Dat Attachments: Copy of Preliminary Survey proposing to consolidate a 1.79 acre portion of T24, R24W, Section 33 with Tract C, ASLS 76 -233 to create a new 5.25 acre tract. 3 of 3 October 1, 2004 0. Q c 0 tki Q Q 7 N ca z 0 0 uJ 0 3 Y V q NO /NO } w KODIAK ISLAND BOROUGH � PLANNING AND ZONING COMMISSI REGULAR MEETING JULY 21, 2004 MINUTES � � I. CALL TO ORDER The regulaz meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAII2 FRIEND on July 21, 2004 in the Borough Assembly Chambers. IL ROLL CALL Commissioners Present III. IV V. VII. Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt A quorum was established. APPROVAL OF AGENDA Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Lori Demi, Dtafting Technician Community D'evelopment Dept. COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER BOEALAND, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the May 19, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS , A) Case 504-009. Request for a vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement along the west lot line of Aleutian Homes Subdivision, Block 8, Lot 17. P& Z Minutes: 7uly 21, 2004 Page 1 of 5 • if 8TAf reported one hundred twenty -eight (128) public hearing notices were distributed for this,fegbest with none retumed prior to the meeting. Staff recommended approval of tl4is req'u4‘ . iS IONER CARVER MOVED TO grant preliminary approval of the vacation, n.accord ce with KIBC 16.60, of a ten (10) foot utility easement, along the west lot line of Aleutian Homes Subdivision, Block 8, Lot 17, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] Prior to becoming final, this application for vacation must be reviewed by the Kodiak City Council. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Council approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. B) Case SO4 -010. Request for preliminary approval of a replat, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A -1A and A -1B creating Russian Hill Subdivision, Lot 4A and Russian Creek Subdivision, Lots A -1A -1 and A -1B -1 and the vacation, in accordance with KIBC P & Z Minutes: July 21, 2004 Page 2 of 5 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1A and A -1B. STAFF indicated nineteen (19) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 4 Russian Hill Subdivision, and Lots A -1A & A -1B Russian Creek Subdivision, and the vacation, in accordance with KI$C 16.60, of a ten (10) foot utility easement, through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1A and A -1B, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2] The application for utility easement vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. P & Z Minutes: July 21, 2004 Page 3 of 5 • VIII. OLD BUSINESS A) GIS Needs Assessment Final Report — June 2004. IX. NEW BUSINESS A) Resolution requesting the Assembly appoint a Task Force to Study Gravel Needs and Issues. COMMISSIONER CARVER MOVED TO ADOPT the resolution as presented. The motion was SECONDED by COMMISSIONER JANZ and carried by unanimous voice vote. B) Fiscal Year '05 Alaska Coastal Management Program Requirements. COMMISSIONER CARVER MOVED TO ACCEPT the report as submitted. The motion was SECONDED by COMMISSIONER KING and carried by unanimous voice vote. C) Staff analysis of Commissioner King's Draft Revisions to KIBC 17.26. • The Commission agreed through general consensus to hold a work session to discuss this issue August 25, 2004 at 7:OOpm. X. COMMUNICATIONS A) Letter dated May 11, 2004 to Darlene Williamson, Associate Broker, GRI from Martin Lydick regarding New Kodiak Townsite, Block 3, Lot 17. B) Letter dated May 27, 2004 to Lisa Holzapfel, RTCA Program Manager from Michelle Steams regarding continuation of RTCA Assistance in FY '05. C) Public Notice of the AADC request for extended management of authority. KIB Assembly Resolution 2004 -19 D) E -mail dated June 10, 2004 from Ruth Booth, DNR, regarding Kodiak Area Plan status. E) Letter dated May 11, 2004 to Erdman Family Ltd Partnership from Duane Dvorak regarding Notice of Denial. F) Letter dated June 24, 2004 to Tony Drabek, Chief Executive, Natives of Kodiak, from Michelle Stearns regarding final approval of S91 -033. There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item F of Communications. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. P & Z Minutes: July 21, 2004 Page 4 of 5 XI. REPORTS COMMISSIONER MCMURRY MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no Commissioner comments. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:05p.m. ATTEST By: STAFF reported the following meeting schedule: • August 11, 2004 work session at 7:30 p.m. in the KIB Conference room. • August 18, 2004 regular meeting at 7:30 p.:m. in the Assembly Chambers. There were no further reports. Erin Whipple, Secretary Community Development Department DATE APPROVED: August 13, 2004 P & Z Minutes: July 21, 2004 B KODIAK ISLAND BOROUGH PLANNING AND ZO eb G C MISSION Jerr.l rien., Chair Page 5 of 5 I. CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING AUGUST 18, 2004 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on August 13, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt A quorum was established. III APPROVAL OF AGENDA Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner • Community Development Dept. Erin Whipple, Secretary Community Development Dept. G ECJEIVE OCT 1 8 2004 BOROUGH CLERK'S OFFICE COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER CARVER MOVED TO APPROVE the minutes of the July 21, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the July 21, 2004 Planning and Zoning Commission special meeting as amended. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS P & Z Minutes: August 18, 2004 Page 1 of 6 A) Case SO4 -013. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Tract IC, Russian Creek Subdivision creating Lots K1 through K6, Russian Creek Subdivision and the vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement extending along the north, east, and a portion of the southern lot lines of the proposed subdivision and a ten (10) foot sewer easement extending diagonally through the subdivision STAFF reported thirty (30) public hearing notices were mailed on July 30, 2004 with none being returned prior to the meeting. Staff recommended approval of the subdivision portion of this request subject to four (4) conditions of approval. Staff recommended approval of the vacation of the ten (10) foot sewer easement while recommending that the ten (10) foot utility easement remain based on requests from Kodiak Electric Association and Island Cable. COMMISSIONER OSWALT MOVED TO approve the preliminary plat of Tract K Russian Creek Alaska Subdivision creating Lots K -1 thru K -6, subject to four (4) conditions of approval, and to adopt those Findings of Fact Numbered One thru Two in the staff report dated July 29 2004, as Findings of Fact for Case SO4 -013. CONDITIONS OF APPROVAL 1. Prepare a soils report in accordance with KIBC 16.40.040 (A -13) that addresses the capability of the soils to support the proposed development pattern and capability of sites to support on -site wastewater disposal systems. 2. Flagstem note to read "Access easement for the benefit of Lots K -3 and K -4. Utility easement for the benefit of Lots K -2, K -3, K -4, and K -5." 3. Place a note on the face of the final plat noticing prospective purchasers that development of lots within the subdivision is subject to ADEC approval of wastewater and potable water systems. 4. The structure located on proposed lot K -1, and identified on the preliminary plat as "Barn/House" must demonstrate compliance with the terms of the original grant of conditional use, or, must come before the Commission as "A Request to Modify" the conditional use permit per KIBC17.67.020 A. FINDINGS OF FACT 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.40.040, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.40.050, generally.. The motion was SECONDED by COMMISSIONER BOEHLAND. P & Z Minutes: August 18, 2004 Page 2 of 6 [ 7TTT 111 Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened. The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER JANZ MOVED TO approve the vacation of a ten (10) foot sewer easement extending diagonally through the subdivision, and to adopt those Findings of Fact Numbered Three thru ix in the staff report dated July 29 2004, as Findings of Fact for Case SO4 -013. FINDINGS OF FACT 3. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 4. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 5. This request for vacation does not unduly diminish the public's interests. 6. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. V1-1.11.1 U V JI1\EiSJ A) Case S02 -009. Extension Request — A request to extend the preliminary approval for Case S02 -009 until December 23, 2005, and to amend the compliance deadline in Condition of Approval # 2 until May 15, 2005. Staff recommended approval of this request. P & Z Minutes: August 18, 2004 Page 3 of 6 COMMISSIONER KING MOVED TO approve an amendment of preliminary plat approval for Case S02 -009, to extend the compliance date set forth in Condition of Approval #2 until May 15 2005. CONDITION OF APPROVAL (as amended) 2. Within twenty -nine (29) months (by May 15, 2005), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn on proposed Lot 3 to a single - family residence, or it must be otherwise brought into compliance with Title 17 Zoning. Absent this, zoning enforcement action will be initiated. COMMISSIONER MCMURRY SECONDED the motion. The question was called and CARRIED by unanimous roll call vote. B) Case S02 -008. Extension Request — A request to extend the preliminary approval for Case S02 -008 and to amend Condition of Approval #2 allowing the use of wood and metal for the construction of the privacy fence. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO approve a one (1) year extension of the preliminary plat approval granted for Case S02 -008, including an amendment of Condition of Approval #2, to allow a wood and metal fence in lieu of a chain -link fence, and to confirm the two (2) conditions of approval contained in the action letter dated May 17` 2002. CONDITIONS OF APPROVAL 1. Prior to final plat approval, a drainage plan will be submitted to the KIB Engineering/Facilities Department for review and approval. 2. A six foot high wood and metal fence, similar to the fence described in the February 25, 2000 letter by the former property owner, with a minimum opacity of 50 %, is approved by the Commission as the required screening between residential and commercial use districts, and the fence shall be installed on the lot boundary between Lot 3 and adjacent Lot 4, Alagnak Acres Subdivision prior to the sale of proposed of zo -" g compliance or b Lots 3A through 3F, or the issuance �� �� � �=• =Y••••••�� or ��••�•••s permits for residential construction on these lots. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. P & Z Minutes: August 18, 2004 Page 4 of 6 COMMISSIONER JANZ SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. IX. NEW BUSINESS There was no new business: X. COMMUNICATIONS A) Letter dated July 19, 2004 to Gail Philips, Exxon Valdez Oil Spill Trustee Council, from Michelle R. Steams regarding Saupe -FY05- ShoreZone Mapping - Kodiak Island. B) Letter dated July 22, 2004 to David L. Kelly, Department of Natural Resources, from Michelle R. Stearns regarding Case 04 -007, request for conditional use permit. C) Newsletter dated August 2, 2004 providing updates on the Chiniak Community Plan Update D) Updated Assembly Roster E) Letter dated July 27, 2004 to Pat Carlson from Mark Kozak, City Public Works, regarding the Kodiak Municipal Airports System Plan. F) Letter dated July 15, 2004 to Pat Carlson from David King, Kodiak Island Sportsman's Association, regarding a request to lease land. G) Letter dated July 22, 2004 to David King, Kodiak Island Sportsman's Association, from Michelle R. Stearns regarding KISA letter dated July 15, 2004. H) Letter dated July 29, 2004 to Michelle Steams from Gail Phillips, Exxon Valdez Oil Spill Trustee Council, regarding letter of support for the Saupe ShoreZone Mapping proposal. There were no further communications. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE RECEIPT of item A through item H of Communications. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. XL REPORTS 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans for this area. COMMISSIONER JANZ reported that she had attended the last Assembly meeting and invited had the Assembly members to the August 25, 2004 mobile home park work session. A) Meeting schedule: • August 25, 2004 mobile home park code work session at 7.00pm in the KIB conference room. • September 8, 2004 work session at 7:30 p.m. in the KIB Conference room. • September 15, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. P & Z Minutes: August 18, 2004 Page 5 of 6 ATTEST By: There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER CARVER, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Reminded everyone to vote on August 24"'. COMMISSIONER CARVER: Also reminded everyone to vote. COMMISSIONER FRIEND: Also reminded everyone to vote and thanked staff for all their work. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 7:46 p.m. Erin Whipple, Secret Community Development Department DATE APPROVED: September 15, 2004. KODIAK ISLAND BOROUGH PLANNING AND ZO %� MISSION By: am. 7e tSirrend, Chair P & Z Minutes: August 18, 2004 Page 6 of 6 p I. CALL TO ORDER The special meeting of the Planning and Zoning Commission was called to order at 8:15p.m. by CHAIR FRIEND on July 21, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI SPECIAL MEETING JULY 21, 2004 MINUTES A quorum was established. III APPROVAL OF AGENDA Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak Associate Planner Community Development Dept. Lori Demi, Drafting Technician Community Development Dept. joEcE rvEn 11E1 OCT 5 2004 BOROUGH CLERK'S OFFICE COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. IV. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 04 -007. Request for a special meeting called by the Planning & Zoning Chair, per KIBC 2.39.130, to hear a request for a conditional use permit, per KIBC 17.67, allowing a gravel quarry located at the protracted NW 1/2 o _ f the NF ofT31S R2OW Section 23. STAFF reported eight (8) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request. P & Z Minutes: Special Meeting July 21, 2004 Page 1 of 4 • COMMISSIONER OSWALT MOVED TO grant a conditional use permit, in accordance with )(IBC 17.67, allowing a gravel quarry located at the protracted NW '/< of.the NE VI of Township 31 South Range 20 West Section 23 subject to the eight (8) conditions of approval contained in the staff report dated June 25 2004, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The applicant to provide an engineered gravel plan, which includes: (a) Survey bearings & distances marking the boundaries of the project site. (b) Point(s) of ingress / egress. (c) Topographical data at a minimum of five (5) foot contour intervals establishing current elevations of: i. overall site ii. drainages iii. waterways (d) Topographical data projecting finished grades upon closure. 2. The site shall be re- contoured in conformity with a final grading/site plan to be reviewed and approved by the Building Official prior to the initiation of material extraction activities. 3. Re- establish & maintain the twenty five (25) foot buffer zone between the stream watercourse and activity and equipment operations related to the project. 4. Re- establish & maintain the one hundred (100) foot wide greenbelt/buffer along the Pasagshak / Narrow Cape Road. 5. Provide appropriate traffic notice signage during hours of operation. 6. Provide appropriate dust control measures during hours of operation. 7. Implement security design / controls at the point(s) of ingress / egress sufficient to discourage unauthorized entry & use of the site. 8. Provide a written summary report notifying the Borough of completed reclamation activity upon closure. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The site has been disturbed by other extraction activities in the past. Prior reclamation appears to have been nonexistent. It appears to be the intent of the applicant in this case to properly reclaim and to restore the site to a condition substantially similar to its' natural condition, P & Z Minutes: Special Meeting July 21, 2004 Page 2 of 4 • based on general references contained in the narrative reclamation plan. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C- Conservation zoning district. A more detailed site plan (engineered gravel plan) is recommended, as a condition of approval, to show existing and proposed contours for the site, access and control points. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. Site development and actual pit design shall be guided by the principals of due diligence. Per Conditions of Approval, the site is to be re- contoured in conformity with applicable Borough grading requirements, this will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety; signage notifying the public of truck traffic is to be posted during periods of operation; and appropriate dust control measures will be undertaken by the applicant. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. As Conditions of Approval, the applicant is required to provide a description of the site sufficient to establish the minimum lot area (five [5] acres) for the zoning district, and to re- establish & maintain stream and roadside setbacks and buffers. As Conditions of Approval, the applicant is required to implement security design / controls at point(s) of ingress / egress sufficient to discourage unauthorized entry, unpermitted use, or intentional abuse of the site and the resources contained therein. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. This conditional use permit is not for the purpose of supplying a public need. However, this conditional use permit will contribute to the economic vitality of the community at large, and will provide ancillary benefits in the form of enhanced surface transportation corridors utilized and enjoyed by the general public. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: • Hearing and seeing none. P & Z Minutes: Special Meeting July 21, 2004 Page 3 of 4 • Public hearing closed. Regular session opened: The questions was called on the amendment and CARRIED, four yeas to three nays by roll call vote. Commissioners King, McMurry and Oswalt were the nays. The question was called on the main motion and CARRIED by unanimous roll call vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:13 p.m. • ATTEST COMMISSIONER CARVER MOVED TO AMEND the motion adding condition of approval 1.e. stating: "Storm Water Protection Plan that defines measures to ensure that there is no interception of natural stream load or down stream release of fine sediments as a result of extraction activity." The motion was SECONDED by COMMISSIONER BOEHLAND. By: C A Lel ( /A 11.„1, Erin Whipple, Secretary Community Development Department DATE APPROVED: August 12, 2004. KODIAK ISLAND BOROUGH PLANNING AND ZON G COMM , ION B ltd a t Jerro Friend, Chair P & Z Minutes: Special Meeting July 21, 2004 Page 4 of 4 Women's Bay Service Area Board Regular Meeting Minutes May 10, 2004 CALL TO ORDER 7:05 pm Members Present — Chris Lynch, David Conrad, Tom Demi, Russ Toms, Ed Gondek Citizen's Comments — None Approval of Minutes — Minutes from the March 8, March 22 and April 5 meeting were approved as submitted, Old Business New Business Fire Department — Fire Truck Status — Dave will verify shipping. Dave and Russ will travel to Pierce and inspect the new truck prior to shipping. Volunteer Recruitment — The Women's Bay Community Council will help sponsor a party for the new fire truck and recruiting drive. Scott Packs will be delivered after we get a letter from Bayside's Board. Dave will go to their meeting. RFP etc. grants should be determined by June 1 Road Service Area — Drainage along Sargent Creek from Chiniak Dr. to just before the Fire Station. — The board agreed to proceed with the ditching; consider ditching other side and make a pond to hold water. We need to clean Kalsin Dr. culvert and crack seal. Road Service — There is a meeting at Peterson Elementary this evening to discuss the Women's Bay Comp Plan. Meeting was adjourned at 8:00 p.m. Next Meeting — June 7, 2004 Respect y Submitted, tiw w Chair Person OCT 4 2004 D I BOROUGH CLERK'S OFFICE Women's Bay Service Area Board Regular Meeting Minutes June 7, 2004 CALL TO ORDER 7:05 pm Old Business Kevin Riddle will submit his resignation to the MB Clerk. Meeting was adjourned at 8:00 p.m. Next Meeting — July 12, 2004 Res a fully Submitted Chair Person Witness CE 11 V E till\ OCT 4 2004 BOROUGH CLERK'S OFFICE Members Present — Chris Lynch, David Conrad, Tom Demi, Russ Toms, Ed Gondek, Kevin Riddle Citizens Present — Dave Rittenhouse, Jerry LaFollette Citizen's Comments — None Approval of Minutes — Minutes from the May 10 meeting were approved as submitted. Fire Department — Fire Truck Status — Dave will verify shipping. Dave and Russ traveled to Pierce to inspect the new truck prior to shipping. A slide show followed the meeting. Volunteer Recruitment — New people are showing up to meetings and 4 new members have joined. Still plan to have a kick off volunteer recruitment at the end of July. Road Service Area — Drainage on Kalsin Dr. — Dave R. voiced his concern that he was still not happy with the work that was done. Chris L. spoke to Bud and told him that the driveway was silting due to material used. Bud would call Tony D. New Business Fire Department — New fire truck — Horizon will ship fire truck for free; Dave C. will travel to Tacoma one last time to verify misc. It was motioned and approved to pay for Dave's per diem. Road Service — Chris will call for grading and rolling on Bells Flats Road, she will also check with BEI on using any RAP. Women's Bay Service Area Board Regular Meeting Minutes July 19, 2004 CALL TO ORDER 7:05 pm Members Present — Chris Lynch, David Conrad, Tom Demi, Russ Toms, Ed Gondek Citizens Present — Karen & Gerry LaFollette, Kevin Arndt Citizen's Comments — Karen and Gerry showed photos of snow damage and stated concern over not being paid by Kevin; Kevin will take care of dispute. I reiterated that the ROW was required and explained permit process; contractor will call for locates. Approval of Minutes — Minutes from the June meeting were approved as submitted. Old Business Fire Department — Fire Truck Status — Dave did not go to Tacoma to check truck; we got a good deal on high combat fire hose. Truck arrived damaged; not covered on carrier insurance; $1200 to repair and remove transit coating. There are still parts still missing. We received 2 new generators Volunteer Recruitment — Planning kick off at the end of August. Road Service Area — Ditching is complete along Sargent Creek road. A new spring has developed along Preston Lane. New Business Fire Department — We need to bring the 20 year constitution up to date. Priorities need to be revisited. Check into 16 yr old as volunteer. Fire department is not to spend any money until fire truck is resolved. Road Service — Work List was developed and will be delivered to contractor. Meeting was adjourned at 8:00 p.m. Next Meeting — To be determined. Respectfilly Submitted, L Chair Person Witness The Board of Education of the Kodiak Island Borough School District met in regular session on August 30, 2004, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Acting Board President Elizabeth Odell called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Absent: Barry Still, excused Jeff Stephan, excused Scott Williams CDR John Furman A quorum was established. ALSO PRESENT: MINUTES: Betty Walters Dave Jones Ted Nussbaum Porfiria Lopez -Trout Brian O'Leary Meri Holden Barbara Williams KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 30, 2004 Norm Wooten Jordan Rogers Bill Watkins Bob Meade Heather Wheeler Larry LeDoux Darcy Stielstra Tom Quass Steve Kreber Elizabeth Odell Bob Tucker Jack Walsh Marilyn Davidson Ron Fried Leslie Soughers JoAnne Quass Wes Hanna The minutes of the Regular Meeting of July 26, 2004 and the Special Meetings of August 5, 2004, August 16, 2004, and August 23, 2004 were to be considered for approval and/or correction. MOTION SCOTT WILLIAMS moved to approve the minutes of the Regular Meeting of July 26, 2004 with corrections and the minutes of the Special Meetings of August 5, 2004, August 16, 2004, and n...! August 2Z 200 .... 4..a NORM .1_J the �__a]_._ __d it ___...[ J t Lµ MJI. c✓, LVVT 4J YI MJMIIL\.U. INI jfl1VI 1V VV 1 L1V JGL.VIIUGU the UIUUTJII alIU 11 V4JL IGU unanimously by a voice vote of all members present. - gECEIVE ti OCT 5 2004 BOROUGH CLERK'S OFFICE SCHOOL BOARD REGULAR MEETING August 30, 2004 Page 2 RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: None CORRESPONDENCE: None PROGRAM /STAFF REPORTS: 1. Kodiak Community Centers Learning Programs — Lead teacher /coordinator Ted Nussbaum and principals Ron Fried and Marilyn Davidson presented an overview of the new Kodiak Community Centers Learning.programs. This program will focus on addressing the academic needs of students in grades 2 -5 and will be housed at East Elementary and Main Elementary. Lead teacher /coordinator Ted Nussbaum shared an overview of the Kodiak Community Centers Learning Program (also known as K.a.C.L.a.C.) via a PowerPoint presentation. He stated that the grant focuses on community-based academic and physical activities that motivate kids and parents to take ownership of each child's learning to improve the chances for success in education. SUPERINTENDENT'S REPORT: 1. Superintendent Walters welcomed back students, staff and families as well as all the volunteers who work with our schools. 2. She thanked the administrators and secretaries who continue to monitor enrollment as students enter the building. 3. Thanks to Margaret Reed, Kathy Rostad and Mary Rietze for welcoming new teachers to Kodiak and making sure they had a place stay. UNFINISHED BUSINESS: 1. School Board Policy Section, 8.2.12, Travel Authorization and Reimbursement, Second Reading and Public Hearing — Board members made additional revisions to this section at the i Sesson o f J 1 n .UU ...-d d aL,... the t . first at h D......1.... u ac 'Work Session of July ate, cuu-r and �aaa�u ua a�:vi$ivia5 ill u wm reading as the Regular Meeting of July 26, 2004. MOTION NORM WOOTEN moved to approve School Board Policy, Section 8.2.12, Travel Authorization and Reimbursement, in the second reading. SCOTT WILLIAMS seconded the motion. SCHOOL BOARD REGULAR MEETING August 30, 2004 Page 3 At 7:20 p.m. the Regular Meeting was closed and a Public Hearing opened. There being no public comment, at 7:22 p.m. the Public Hearing was closed and the Regular Meeting reopened. A roll call vote was taken on the motion and it carried unanimously. 2. School Board Policy Section 5.3, School Age Entrance, Second Reading and Public Hearing — This revision is based on House Bill 338, which changes the age for school entrance from August 15 to September 1 to make Alaska consistent with other states. MOTION SCOTT WILLIAMS moved to approve School Board Policy, Section 5.37, High School Graduation, in the second reading. NORM WOOTEN seconded the motion. At 7:23 p.m. the Regular Meeting was closed and a Public Hearing opened. There being no public comment, at 7:25 p.m. the Public Hearing was closed and the Regular Meeting reopened. A roll call vote was taken on the motion and it carried unanimously. NEW BUSINESS: 1. 2003/2004 Certificated Contracts — Administration has five certificated contracts ready for Board approval. MOTION NORM WOOTEN moved to approve certificated contracts for the 2004/2005 school year to Sara Bruce — MA +0/3 in the amount of $23,811 for .5 FTE Kodiak Middle School; Patrick (McGee) Dunroven — MA +0/8 in the amount of $55,482, plus $344 village stipend for 1.0 FTE Larsen Bay School; Jennifer McDugald — MA +0/8 in the amount of $53,692 for 1.0 FTE Dtstrict -wide English as a Second Language; Joy Mudd — BA +18/3 in the amount of $44,454 for 1.0 FTE Peterson Elementary School; and Leatha Wheater — BA +18/4 in the amount of $23,433 for .5 FTE Peterson Elementary School. SCOTT WILLIAMS seconded the motion and it carried unanimously by a roll call vote of all members present. 2. FY 05 Alaska Community Centers Learning Program Grant Award — This grant will fund activities at Main Elementary and East Elementary focusing on increasing student achievement of below proficient students in grades 2 -4, and would provide enrichment and opportunities for students before school, after school, and in summer immersion projects. MOTION SCOTT WILLIAMS moved to accept the FY 05 Alaska Community Centers Learning Program Grant Award in the amount of $286,667. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING August 30, 2004 Page 4 3. FY 05 Food Service Budget — The FY 05 Food Service Budget was a discussion item at your August 16, 2004 work session and is before Board members for their approval. MOTION NORM WOOTEN moved to approve the FY 05 Food Service Budget in the amount of $876,140 as presented by Director of Finance Dave Jones. SCOTT WILLIAMS seconded the motion and it carried unanimously by a roll call vote of all members present. 4. FY 05 Pupil Transportation Budget — The District is currently entering the fourth year of our second five -year contract with Laidlaw. MOTION NORM WOOTEN moved to approve the FY 05 Pupil Transportation Budget in the amount of $1,274,339 as presented by Director of Finance Dave Jones. SCOTT WILLIAMS seconded the motion and it carried unanimously by a roll call vote of all members present. 5. FY 05 Indian Education Act Grant Award — This provides supplemental assistance for the educational programs of Alaska Native and American Indian students in the District. MOTION SCOTT WILLIAMS moved to accept the FY 05 Indian Education Act Grant Award in the amount of $172,983. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for September calls for a Work Session on Monday, September 13, 2004 in the District's conference room and a Regular Meeting on Monday, September 27, 2004 in the Borough Assembly Chambers. COMMUNITY COMMENTS: 1. North Star Elementary School Principal Larry LeDoux expressed his appreciation of the wonderful job the Maintenance and Custodial staff did in preparing the school for the new school year. He also thanked the North Star Elementary School PTA for the recently purchased swing sets for the playground. BOARD COMMENTS: 1. Jordan Rodgers welcomed everyone back to school and wished them a good year. 2. CDR Furman inquired as to how many positions were still unfilled. He asked drivers be careful and aware of the red flashing lights on school buses. SCHOOL BOARD REGULAR MEETING August 30, 2004 Page 5 Superintendent Walters responded that there are a couple of vacant positions based on the current enrollment that are closing tomorrow. Substitutes are ready to go into those classes. She encouraged community members and families to call the District if they were aware of new families moving to Kodiak. 3. Scott Williams welcomed back students and asked that drivers pay attention to children going to and from school. He thanked Ted Nussbaum, Marilyn Davidson and Ron Fried on their work on the Kodiak Community Centers Learning Program. It looks like a fantastic program for all students! He encouraged students and families who are eligible for free and reduced lunches to apply. Good luck on the first day. 4. Norm Wooten welcomed everyone back to school. He encouraged the community to think about the upcoming Bond elections and become informed voters. If any group would like information on projects please contact the District office. 5. Elizabeth Odell shared that she attended the first day of inservice and was very impressed by how engaged -staff were in the sectionals and discussions. She also had the opportunity to meet most of the new teachers. She welcomed the new Regional Rural Principal Howard Wayne to the District. ADJOURNMENT: NORM WOOTEN moved to adjourn the Regular Meeting. SCOTT WILLIAMS seconded the motion. There being no further business, Acting President Elizabeth Odell adjourned the Regular Meeting at 7:51 p.m. Respectfully Submitted, Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 27, 2004. Clerk of the Board The Board of Education of the Kodiak Island Borough School District met in special session on September 13, 2004, in the School District Conference Room. Board President Jeff Stephan called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Elizabeth Odell Barry Still Jeff Stephan Scott Williams CDR Furman Jordan Rodgers A quorum was established. ALSO PRESENT: Betty Walters Dave Jones Jack Walsh Larry LeDoux Howard Wayne Porfiria Lopez -Trout Bob Meade Brian O'Leary Heather Wheeler Darcy Stielstra Marilyn Davidson Ron Fried Phillip Johnson Josh Lewis Mel LeVan Meri Holden Mary Linscheid Teri Schneider Josef Emmerson Kamala Donohue Brian Donohue Carmel Carty Sue Ball Cid Blase Alice LeVan Isa Stihl Wirz Stacy Ross Mike Ross Fred Fogle Drew Herman Lew Lowrey NEW BUSINESS: 1. 2004/2005 Certificated Contracts — Administration has one certificated contract ready for Board approval. MOTION SCOTT WILLIAMS moved to approve a certificated contract for the 2004/2005 school year to Kim Raisley — BA +0/0 in the amount of $33,543 for 1.0 FTE Peterson Elementary School. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote. ADJOURNMENT: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 13, 2004 NORM WOOTEN moved to adjourn the Special Meeting. BARRY STILL seconded the motion, and it carried unanimously by a voice vote. SCHOOL BOARD SPECIAL MEETING September 13, 2004 Page 2 There being no further business, President Jeff Stephan adjourned the Special Meeting at 7:03 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 27, 2004. Clerk of the Board Respectfully Submitted, Karen Englund Executive Secretary OCT 5 2004 D BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 16, 2004 The Board of Education of the Kodiak Island Borough School District met in special session on September 16, 2004, in the School District Conference Room. Board President Jeff Stephan called the meeting to order at 5:15 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Jeff Stephan Absent: CDR John Furman, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters NEW BUSINESS: Elizabeth Odell Scott Williams Dave Jones Director of Finance Dave Jones expressed his concerns as the District's Risk Manager about a concern that was expressed to him by an administrative staff person with respect to the Board's evaluation of the Superintendent. Dave also expressed his opinion and guidance with respect to how the Board should go about its evaluation of the Superintendent. Dave also told the Board about what a very good job Betty Walters has done as Superintendent and that he supported Betty Walters in her role as Superintendent. 1. Executive Session — Superintendent's Evaluation Barry Still MOTION BARRY STILL moved to enter into Executive Session to discuss the Superintendent's Evaluation and to include Superintendent Betty Walters. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote. At 5:24 p.m. the Special Meeting recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 9:55 p.m. SCHOOL BOARD SPECIAL MEETING September 16, 2004 Page 2 ADJOURNMENT: NORM WOOTEN moved to adjourn the Special Meeting. BARRY STILL seconded the motion, and it carried unanimously by a voice vote. There being no further business, President Jeff Stephan adjourned the Special Meeting at 10:05 p.m. Clerk of the Board Respectfully Submitted, Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 27, 2004. EC E O U E OCT 5 2004 BOROUGH CLERK'S OFFICE CO a. `0 5 E a . 0 Mr. Rannev 1I Mr. Heinrichs ivies OlilibUR Mr. Bonney I k: C0 t0 . . . . .. s _ . . a I 1 Ms. We TOTAL in cacti nfa tie1 Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Anderson Mr. Abell C0 0:f o G 1 Mr. Heinrichs Ms Brinson Mr. Bonney Mr. Anderson Mr. Abell i_< . .. v , ..e TOTAL Mr. Ramsey Mr. Heinrichs Ms. Brunson Mr. Bonney Mr. Anderson Mr. Abell By: Second: PP) 1/ IP f .< . .'vet TOTAL . Mr Rannev Mr Heinrich° Mr. Anderson d N1r. Bonney Ms Rtancnn , . ntfr Abell .. i \ \ \\.\ c.„ �I CO a. `0 5 E a . 0 0 0 0 0 0 a 0 0 Mr. Heinrichs Mr. Bonney Mr. Anderson t to ---za- z k. " Il TOTAL In caw of a tipl Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Abell VI rd Cs g A c� N A- 0 Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Abell I • , net TOTAL Mr. Ramey Y Mr. Heinrichs Ms. Branson I/ Mr. Bonney Mr. Anderson Mr. Abell By: Second: 6 7,., oW 0/ r✓ 1C�s. Orel TOTAL Mr. Rannev Mr Heinrncs fi✓ Ms. Bmn nn Mr. Bonney Mr Anrlervnn b Mr Abell o �I 0 0 0 0 0 a 0 0 roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: CC fbp/ 1 2mq Please print your name Ic4 c((rL Please print your name Kodiak Island Borough October 21, 2004 - 7:30 p.m. 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOT /ON 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOT /ON 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of August 19 and September 2, 2004. Recommended motion: Move to approve the minutes as submitted. Ask if there are any corrections or additions to the minutes. VOICE VOTE ON MOT /ON 6. AWARDS AND PRESENTATIONS A. Longevity Award - Manager Carlson B. Employee of the Quarter - Manager Carlson C. Presentation of Certified Municipal Clerk Designation - Deputy Mayor Bonney Kodiak Island Borough October 21, 2004 Assembly Guidelines Regular Meeting Assembly Chambers Assembly Guidelines Page 1 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. (Limited to three minutes per speaker.) Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers - Dr. Mollie Tevrucht B. Alaska Department of Environmental Conservation - Jeff Brownlee Ask if any other member of the audience has a committee report. Ask if any member of the assembly has a committee report. 9. PUBLIC HEARING A. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1 .04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. Recommended motion: Move to adopt Ordinance No. FY 2005 -07. Clerk's note: attached on pink paper is the substituded version that is available to the public. Recommended motion: Move to amend Ordinance No. FY 2005 -07 by substitution to add the amendment to KIBC section 2.15.080 Executive Absence in accordance with A.S. 29.20.260. ROLL CALL VOTE ON MOTION TO AMEND Staff report. Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Kodiak Island Borough Assembly Guidelines October 21, 2004 Page 2 Toll Free Telephone Number 1- 800 - 478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOT /ON TO ADOPT 10. BOROUGH MANAGER'S REPORT - Manager Carlson 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor LeDoux 12. UNFINISHED BUSINESS A. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. Clerk's note: The motion before you is to approve Contract No. 2004 -51 with Rhino Towing of Kodiak, Alaska in an amount not to exceed $ 13,100. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. Clerk's note: The motion before you is to approve Contract No. 2004 -52 in the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC of Anchorage, Alaska and authorize the manager to enter into a two -year license agreement. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY 2005 -07 Ratifying and Certifying the Results of the Municipal Election Held October 5, 2004. Kodiak Island Borough Assembly Guidelines October 21, 2004 Page 3 Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOT /ON C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -08 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series B in the Principal Amount of Not to Exceed $11,050,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. Recommended motion: Move to adopt Ordinance No. FY 2005 -08 in first reading to advance to public hearing on November 4, 2004. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOT /ON D. OTHER ITEMS Kodiak Island Borough October 21, 2004 Recommended motion: Move to adopt Resolution No. FY 2005 -01 Staff report. 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. Recommended motion: Move to waive the claimant's failure to make timely application for exemption and authorize the Assessor to accept the application as if timely filed. Staff report. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Disposal of Onion Bay Property. Recommended motion: Move to authorize the Manager to c t th transaction to dispose of Borough property located at Tract C, ASLS 76 -233 for a fair market value of $8,880 subject to the replat and easement dedication as depicted in the appraisal report. Staff report. Assembly Guidelines Page 4 Kodiak Island Borough October 21, 2004 Assembly discussion. ROLL CALL VOTE ON MOT /ON 3. Oath of Office to Newly- Elected Assembly Members. The Borough Clerk will administer the Oath of Office to Newly- Elected Assemb /ymembers Mike Anderson, Pat Branson, and Barbara Williams. 4. Oath of Office to Newly- Elected Mayor. The Borough Clerk will administer the Oath of Office to Newly- Elected Mayor Jerome Selby. 5. Presentation to Out -Going Assembly Member. Deputy Mayor Bonney presents the plaque to Out -Going Assemb /ymember Robin Heinrichs. 6. Presentation to Out -Going Mayor. Deputy Mayor Bonney presents the plaque to Out -Going Mayor Gabrielle LeDoux. 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS: • The Assembly will meet in a work session on Thursday, October 28 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, November 4 at 7:30 p.m. in the assembly chambers. • The Genera/ Election will be held on Tuesday, November 2, 2004. • Absentee voting for the Genera/ Election is available in the Borough Clerk's office through November 1s If you have any questions regarding your poling precinct- please call the Rnrough Clerk's Office at 4ab- ysi �.. ..,�. e .. 486-9310. • - , - - - - -- 16. ADJOURNMENT With no objection, Mayor LeDoux adjourns the meeting. Please invite the audience to join you for cake. Assembly Guidelines Page 5