2005-03-10 Work SessionASSEMBLY WORK SESSION
March 10, 2005 - 7:30 p.m.
Borough Conference Room
AGENDA
CITIZENS' COMMENTS (limited to three minutes per speaker)
ITEMS FOR DISCUSSION
1. School Board - Capital Projects
2. Eligible Crab Community Entity Resolutions
3. ADF &G Building Joint Resolution
4. City Annexation of Watershed and Requested Private Property
5. Narrow Cape Land Use
PACKET REVIEW
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLYMEMBER COMMENTS
Poskoc MOva-
6 1/1, tol za°5@ 8 � ant
KODIAK ISLAND BOROUGH
WORK SESSION MEETING
^Ic
Work Session Meeting of:
please print your name
1. / y " ; /c'X'/2E-j
2. 1 \ r
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Kodiak Island Borough
MEMORAN
Borough Assembly
Nancy Galstad, Borough Manager
Karleton Short, Finance Director
School District in Kind
March 10, 2005
UM
Bud Cassidy asked me to prepare a spreadsheet on how much we have budgeted for in -kind
services to the school district and how much we have spent this year. I already had a spreadsheet
showing these expenses for the last ten years so I thought that I would include this data as well.
When looking at the current year numbers you have to remember that many invoices will not be
paid for 20 to 30 days, some even longer. The building insurance has been paid for FY2005
however. This came in $92,000 under budget This is partially offset by their liability insurance
coming in $14,000 more than budget.
Snow removal should come in below budget. I do not know how much we will spend on
maintenance by the end of the year.
Not shown on this spreadsheet is the amount the Borough paid for reimbursement of school
district debt. In FY 2005 this will amount to $393,000, or over 1/2 mill.
Between FY 1995 and FY 2004 the contribution to the school district went from 5.2 mills to 9.1
mills, an increase of 3.9 mills.
Kodiak Island Borough
Transfers and Expenditures to KIBSD
FY 2005
General Fund 100 -180
MIS
Mental Health
Crossing Guard
Audit
Liability Insurance
Sub Total
FY2005
Budget
126,650
381,350
12,000
37,000
92,000
649,000
Building & Grounds Fund 220 -234
Building Insurance 275,000
Snow Removal 30,000
Minor Repairs 53,000
Major Repairs
Projects 80,000
Sub total 438,000
TOTAL Inkind 1,087,000
Direct contribution 7,326,440
Total contribution 8,413,440
YTD
02/28/2005
84,433
190,675
6,000
24,210
106,171
411,489
182,911
7,331
Percent
Available Used
42,217 67%
190,675 50%
6,000 50%
12,790 65%
- 14,171 115%
237,511 63%
92,089 67%
30,000 0%
45,669 14%
0
80,000 0%
247,758 43%
190,242
601,731 485,269 55%
4,884,293 2,442,147 67%
5,486,024 2,927,416 65%
4
10
C
Z
0
O
O
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
SUPPORTING THE UNITED SALMON ASSOCIATION
FISHERIES ECONOMIC DEVELOPMENT GRANT
WHEREAS, the State of Alaska is soliciting grant applications which provide funding for
processing equipment to enhance the processing and marketing of salmon products; and
WHEREAS, the United Salmon Association, a non - profit corporation, and Alaska Fresh
Seafoods have developed a joint application to process high quality coho and pink salmon
products for a market which has been developed over the last two years through the
coordinated efforts of the Kodiak Branding and Marketing Committees of the Kodiak
Chamber of Commerce and the United Salmon Association; and
IA otkulin
WHEREAS, the united efforts of the fishing entities —and the processing industry are a
positive step forward for a stronger salmon market in the future;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Department of Commerce, Community, & Economic Development is
urged to fund this application for the furtherance of salmon processing and marketing in
Kodiak.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2005
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Borough Mayor
Judith A. Nielsen, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2005 -20
Introduced by: Mayor Selby
Requested by: Mayor Selby
Introduced: 03/17/2005
Adopted:
Kodiak Island Borough, Alaska Resolution No. FY2005 -20
Page 1 of 1
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
SUPPORTING THE UNITED SALMON ASSOCIATION
FISHERIES ECONOMIC DEVELOPMENT GRANT
WHEREAS, the State of Alaska is soliciting grant applications which provide funding for
processing equipment to enhance the processing and marketing of salmon products; and
WHEREAS, the United Salmon Association, a non - profit corporation, and Alaska Fresh
Seafoods have developed a joint application to process high quality coho and pink salmon
products for a market which has been developed over the last two years through the
coordinated efforts of the Kodiak Branding and Marketing Committees of the Kodiak
Chamber of Commerce and the United Salmon Association; and
WHEREAS, the united efforts of the fishing entities and the processing industry are a
positive step forward for a stronger salmon market in the future;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Department of Commerce, Community, & Economic Development is
urged to fund this application for the furtherance of salmon processing and marketing in
Kodiak.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2005
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Borough Mayor
Judith A. Nielsen, cMc, Borough Clerk
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2005 -20
Introduced by: Mayor Selby
Requested by: Mayor Selby
Introduced: 03/17/2005
Adopted:
Kodiak Island Borough, Alaska Resolution No. FY2005 -20
Page 1 of 1
State of Alaska Land Classifications for the lands under the Kodiak Rocket Launch
Complex IMLA
INTRODUCTION
The Rocket Launch IMLA is identified in two different "Unit Numbers" as identified in the State
of Alaska's Kodiak Area Plan, recently adopted. Below is a discussion about the land
classification of each unit.
Original IMLA (2880 Acres)
• Kodiak Area Plan — Unit Number K - (Rocket Launch)
• Current Classification — Gu Rd (General Use /Recreational Dispersed
• Management Intent
Except as noted below, parcel is to be managed for multiple uses, primarily grazing,
habitat, dispersed recreation, and the operations of the Kodiak Launch Complex.
Management shall be consistent with the management agreement between DNR and the
Alaska Aerospace Development Corporation (ADL 226285). The area within one - quarter
mile of the coast within Section 4 and 6 and the west half of section 9 are designated Rd.
Public access and the opportunity for public use of this areas trails, beaches and natural
resources (fossil beds) are to be maintained in authorizations granted by DNR. Protect
deer range and anadromous stream.
• Resources /Uses /Additional Information
This parcel is defined by the boundaries of an ILMA (ADL226285) issued to Alaska
Aerospace Development Corporation to operate an orbital launch facility near Narrow
Cape. There is also a grazing lease (ADL 221677) and a lease for a Coast Guard Loran
Site (ADL 67915) on this parcel. It is a fairly flat area comprising of moist tundra
vegetation of tall grasses. It includes low- density winter range for deer. The western
portion of the parcel is crossed by an anadromous stream that provides rearing areas for
Coho salmon. The Alaska Heritage Resources Survey (AHRS) reports several prehistoric
and historic heritage sites in or near this parcel. The portion of this parcel adjacent to the
coast is designated `Recreation' by the land use plan for the Pasagshak Area of the
Kodiak Island Borough
Addition to the IMLA (837 Acres)
• Kodiak Area Plan — Unit Number K - 44a
• Current Classification — Gr, Rd General Use/Recreation Dispersed
• Management Intent
Manage for grazing and public recreation. Add that DNR Grazing management plans
must take into consideration protection of lagoons and beach meadow strips
• Comments
Original unit (K -44) was divided between the portion with the active grazing lease
(K44A) and the portion outside of the grazing lease (K44B). Unit K -44A includes the
Burton Ranch, an area that has been used for grazing and recreation on a long -term basis
Below are the definitions for the State of Alaska's land classifications
1. Gu — General Use
Land that contains one of more resource values, none of which is of sufficiently high
value to merit designation as a primary use, or, because of the size of the parcel, a variety
of uses can be accommodated with appropriate siting and design considerations. General
Use may also apply where there is a lack of resource, economic, or other information
with which to assign a specific land use designation, and/or the lack of current demand
implies that development is unlikely within the planning period. Uplands with this
classification are available for conveyance to municipalities unless stated otherwise in the
parcel's management intent, but cannot be sold to individuals. Tidelands with this
designation cannot be conveyed except to municipalities under AS 38.05.820 and AS
38.05.825.
This designation can be assigned to both uplands and tidelands. When applied to
tidelands, this would include tidelands, shore lands and submerged lands not designated
in tideland parcels or tideland resource management zones for specific habitat, harvest,
economic, or recreation functions. These areas are generally considered appropriate for a
wide variety of uses such as set net sites, mariculture facilities, or other typical uses of
tidelands. Whether and how a tideland area designated General Use is to be managed
will be decided through formal state and federal permitting procedures. Tidelands and
submerged lands fall within the purview of the Alaska Coastal Zone Management
Program, and most development proposals require a Coastal Zone Consistency
Determination before a use or facility can be authorized. In instances where the Coastal
Zone Management Program does not apply, tideland use will be decided by DNR
permitting actions. Most tidelands and submerged lands within the planning area,
including those specific parcels designated Harvest (Hv), are recognized to contain
important fisheries of one or more type; subsistence, recreational or commercial harvest.
Areas not specifically identified with a designation on the Plan Maps; not otherwise
classified in this plan; or that are acquired by the state subsequent to the approval date of
this plan, are designated General Use.
Rd — Public Recreation and Tourism - Dispersed
This designation applies to those areas that offer or have a high potential for dispersed
recreation or tourism and where desirable recreation conditions are scattered or
widespread rather than localized. Developed facilities are generally not necessary other
than trails, trail signs, primitive campsites, and other minor improvements. Land in this
designation may be conveyed to municipalities depending on the parcel's management
intent and the relative value of the recreation resources for which the parcel was
designated. These lands cannot be sold to individuals. This designating can also apply to
tidelands. If used as a tideland designation, it applies to areas that are widely used for
recreation by either commercial recreation operators or the public, and are usually
associated with the use of fisheries or the viewing of a unique or scenic area. Use
patterns are dispersed over a fairly large area, and few public facilities are provided other
than boat launches, docks, and mooring buoys. Tidelands can be conveyed to
municipalities under certain conditions, but cannot be transferred to individuals.
CO 0
c
t
� N
l
o w .
s- - Wb
o
m a-' N - 0 CO
m Tm a C
t z
C RI 0
0 > d E N
N 9 0 a)
E°
c i.
-3 r L 0
(1.) L
V a ) Ea)
N a1 7 o
E c E `m
o E
-a 0 -0 c
O a
i
• a —'�c
U .cc 3� `o
O c o a 2
✓ ° w 0
y «
O c c •-
x 0co00
s '
a cl
L
2 7'
o L °.
N ye
w
o 4
q CC
;
c 0 n
G s J
1 --
N a
to N O O ` u « 00
4 G p . 0 G C •C O o
.0 U L E 3 i3 O C c� W t� 0 [a L C C
p y'9 e :c ;- ��E'$oN z.---z- Ca E7n o o '_'� � ' , c yr
w n ' O
p N y Q c 3 p m
rill oQ^°d,Es °vQ o bN�❑ N o > t a
w y 3 F X t 7 u 5'. > o
7 d c o. 0 5 c d N w 3 co.
Z °>)-0 Y.'.5. ° r' c )C:i N .5 ^ o c 7 '0 « 5 o E V .1 e erc
� Z ca a> e 7 F W o � `" ° q q c o s a � 'V F v `° c v a w d
O W �C - ❑ c`�" , =- .c H N C c , # ) I - . m cc 0 paAEckv �
T Qa o A s H q A L° m «� 6 ._. @V 4, V 6 z u E V
IS ille 0 Ilia m k �0 4 bE
Post -Ir Fax / Note 7871
�tB 4 /o
I eL �y
to t# 1
po G`
t
S t.�
Rom / cs
1
COJnept.
J
Co.
Phones
Phone #
Max#
Fax
Mar. 4. 2005 11.46AM 907 586 1097
MAR -02 -2005 WED 02:08 FN S0A DNR SCRO Land
No.1039 P. 1/1
icazeis
FAX NO. 907 269 8913
STATE OF ALASKA
Department ot.Natural Resource
Division of Mining, Land and Water
INTERAGENCY LAND MANAGEMENT ASSIGNMENT
(Kodiak Launch Complex)
ADL # 225285
r�
Dated this clay of 2b( ,203
P. 02
Thle is an amendment of the existing IL14IA. This authorisation updates and replaces the original
ILMA dated May 18,1994.
The Department of Natural Resources. Division of Mining, Land and Water, Seuthcentral Region, 550 W. 7
Ave., Suite 900C, Anchorage, AK 99501 hereinafter known as the Assignor, assigns, to the Alaska
Aerospace Development Corporation 4300 0 Street, Smite 101, Anchorage, AK 99503, hereinafter known as the
Assignee, jurisdiction and management of the land described on the attached Exhibit "A ".
Jurisdiction and management includes the authority to manage the surface and so much of the subsurface as
specified in the development plan approved by the Division of Mining, Land and Water, attached and made part
of this document as Exhibit "B" - Special Stipulation # 3, in order to make use of the land for an orbital launch
facility, or other aeraspaet related activities within the jurisdiction of the Assignee.
The right of the Assignee or Assignee's contractor(s) to construct, maintain, or improve and remove buildings,
roads, airports, and works of other description, and to use or remove sand, gravel, timber or other materials en or
near the surface for purposes directly related to the.project is limited to those expressly stated in the approved
development plan, and is subject to the stipulations attached and made part of this document as Exhibit "B ",
The right to grant or permit the creation of third party interests for utilities or other public works (such as roads,
pipelines, etc.) that are extensions of improvements from adjoining lands end do not interfere with the approved
use of the tract is subject to the written approval of the Division of Mining, Land & Water. The assignment, grant
or any other creation of third party interest for any use other than those specified is not permitted unless such uses
are specified on Exhibit "Et" attached to this document or are specifically authorized in writing by the Division of
Mining, Land & Water. The Division of Mining, Land & Water reserves jurisdiction and management of all
minerals including all and gas in the above described land. Lands that are in excess of the Assignee's needs shall
be returned to the management jurisdiction of the Division of Minting, Land & Water upon a finding that the site
has been rehabilitated to the satisfaction of rho Regional Manager of the Division of Mining, Land & Water.
The term of this assignment is 30 years from the date of issuance and will expire at midnight on the I7' day of
May, 2024. The assignment may be renewed under the same terms and conditions provided the subject property
continues to be used for an orbital launch facility or other aerospace related activities.
Mar. 4 2005 11 :46AM 907 586 1097
MAR -02 -2006 WED 02:08 PM SOA DNR SCRO land
ILMA
AFL 236285
Paget an
UNITED STATES OF AMERICA)
State of Alaska
Judicial District
UNITED STATES OF AMERICA}
State of Alaska
Judicial District 1
OFFICIAL SEAL
STATE of ALA
MARTHA CCHOMNTHAL
'$ NOTARY PUBLIC
Notary .Public7n and
My commissio`f.expugs
1, s
���i %i ° r jjl
No 1039 P. 2/7
FAX NO. 907 269 8913 P. 03
CQ.44-.1 /7r / GTA jrl���
Richard B. Thompson - Regions Manager
ONR - Division of Mining, Land and Water
T S IS TO CERT Y that on this �h day of Ce l 20 O before me personally appeared
_ I V t I A .se? G� - - 1 - yy ZScrINI of the Department of Natural Res urccs of the Stitt of Alaska, who executed
the foregoing Interagency Land Management Assignment and acknowledged he/she voluntarily signed the same,
IN TESTIMONY WBEREOF, I have hereunto set tny hand and affixis hi„ the day and year
AT? .
The teens and conditions of the interest conveyed herein are hereb ace red by the Alaska Aerospace
Development Corporation, for public purposes this sa day of ' , 200 .
Pet Ladner
Alaslca Aerospace Development Corporation
T CE I Tlb Y that on this 3 of 20 "'afore me personally appeared
4C of the Alaska Aerospace Dev opment Corporation, who executed the
foregoing Interagency Land Management Assignment and aoknowledge he/she voluntarily signed the same.
IN TESTIMONY WHEREOF, T have hereunto set my d an. the m . f is s 1 tht day and year
shown above.
Notary Public in and for the to o a
My commission expir s:
Mar, 4. 2005 11:46AM 901 586 1091
MAR -02 -2005 WED 02:09 PM SOA DNR SORO Land
Interagency Land Management Assignment ADL 11 226285
EXIIIBIT "A"
The following uplands are covered under this management assignment:
Township 31 South, Range 19 West, Seward Meridian:
al All state lands within Sections 31, 32, 33 and 34; and
b] All state lends within the S 4 of Section 29 and S of Section 30.
Township 32 South, Range 19 West, Seward Meridian:
al All state lands within Sections 3, 4, 5, 6 and 9.
Containing approximately 3117 acres.
No,1039 P. 3/7
FAX NO. 907 269 8913 P. 04
Mar. 4, 2005 11 :46AM 907 586 1097
MAR-02-2005 WED 02:09 PM SOA DNR SCRO Land
Amended Interagency Land Management Assignment: ADL # 226285
Special Stipulations
EX'U BIT "B"
14.1039 P. 4/7
FAX N0. 907 269 8913 P, 05
1. Term of Aaeiynment (OA Condition of Returned Lend, The term ofthts assignment is 30 years.
expiring on the 17 day of May, 2024. lf, upon expiration of this ILMA, the assignee desires a renewal
under the same terms and conditions, and provided the ILMA parcel continues to be used for an orbital
launch facility or other aerospace - related activities, by the assignee, a written request for renewal moat be
submitted within 60.days prior to the expiration of this agreement. A renewal may be issued under the
same tens and conditions for a period sotto exceed 30 years.
Land returned to the Division of Mining, Land and Water, Department of Natural Resources (Division)
shall be returned in a condition acceptable to tha Director, which may include rehabilitation of the she (to a
similar condition as of May 1S, 1994, the effective date of the original ILMA) and/or removal of any
improvements, equipment, and materials. The assignment may be cancelled for non -use or Violation of the
terms and conditions of the assignment
2. Review of Assignment. pursuant to AS 38.04,060 (b), this assignment is subject to review by the
Division of Mining, Land and Water for possible utilization other than for the purposes assigned when
considered In the best interest of the state.
In the event the ILMA parcel is inspected by the Division of Mining. Land and Water to determine
compliance with the terms and conditions of the agreement, the Alaska Aerospace Development
Corporation may be charged $100.00 or the Division's actual expenses, as determined by the Director.
3. Yreka Development Plan. The Division of Mining, Land and Water is in ieeeipt of the original
project development plan submitted In 1994. The assignee shall submit an updated development plan to the
Division of Mining, Land and Water detailing the construction of improvements since 1094 and detailing
the construction of improvements applied for in this authorization. Any aigniffoant additions or corrections
to this updated development plan mast be submitted to (and approved by) the Division of Mining, Land and
Water prior to construction of any future Improvements,
4. Use of Subsurface. This assignment does not authorize the use of the subsurface estate or any
materials an the site unless specifically authorized by these stipulations, the use Is Included in the
development plan, or authorized in writing by the Division of Mining, Land and Water. The assignee shall
have the right to drill water wells as are approved by the Division and are depicted on the project
development plan.
5. Material Pursuant to 11 PAC 71,015, the assignee shall not sell, transfer, or donate material
including gravel, sand, rock, or peat to a third party except as necessary to construct and maintain the
facility when the material k used within the confines of thin assignment. The assignee shall have the right
to take all soil borings and to conduct all other tests necessary for the design of an orbital latmch facility.
6. 'limber, If clearing timber on the site is required. creating will he conducted only In accordance with
the development and updated development plan, and any useable timber shall be made available to the
public. Assignee must coordinate with the Division of Forestry, Department of Natural Resources prior to
clearing of any timber
Mar. 4. 2006 11:47AM 907 586 1097
MAR-02 -2005 WED 02:10 PM SOA DNR SCRO Land
Exldbit
Ant. 2262as
Page 2 ore
No.1039 P. 5/7
FAX NO, 907 269 8913 P. 06
7, Project Constsuetlon and Survey. Pursuant to AS 38.95.160, a professional architect, engineer, or
surveyor shall supervise the location and design of any improvements on the pact mid shall be responsible
for preparing a plat for recording in the appropriate record district if the cost of such improvements are
more than $100,000. Each registered profineional shall be responsible far that part of the project to which
his or her license pertains. Tho assignee Is responsible for compliance with AS 38.95.180.
8. Geophysical Hazards. Pursuant to 6 AAC 80,050, Alaska Aerospace Development Corporation shall
ensure that siting, design, end construction measures for the storage facility minimize risk from potential
faulting and earthquake hazards identified in the vicinity of the project
9. indemnity. la connection with the entry on or use of lands assigned to the Alaska Aerospace
Development Corporation by the Division of Mining, Land and Water, Department of Natural Reeducate,
the Alaska Aerospace Development Corporation shall ensure that its contractors, subcontractors, and their
employees shall indemnify, save harmless, and defend the state, 16 agents and its employees from and
against all rlalms or actions for Injuries ordamagos sustained by any person or property arising directly or
indirectly from the construction or the contractor's performance of the contract, except when the sole
proximate 'cause of the injury or damage is the state's negligence,
10. Notification of Unauthorized Discharge The assignee shall immediately notify the Department of
Natural Resources and the Department of Environmental Conservation by phone of any unauthorized
discharges of oil to water, any discharge of hazardous substances (other than all), and any discharge of oil
greater than 55 gallons solely to land, and outside an impermeable revetment_ Ifa discharge of oil is greater
then 10 gallons bur less than 55 gallons lc must be reported within 4$ hours by phone or fax. If a discharge is
leas than 10 gallone it may be repotted in writing on a monthly basis. if an unauthorized discharge greater than
55 gallons is made to a secondary containment, It must be reported within 48 hours by phone or fax.
All tires end explosions must also be reported. The Department of Natural Resources (DNR) 24-hour spill
report number Is (907) 451-2618; the fax number Is (907)451-2751. The Department of Env
Conservation (DEC) oIl spill report number Is (800) 478 -9300. DNR and DEC shall be supplied with ail
friilow- up 'caideat reports.
1 Fuel and Hazardous Substeneass. Secondary containment shall be provided for fuel and hazardous
substances.
a. Exception for short-term storage et small volumes. The requirement for a secondary containment Is
waived for those fuels and hazardous substances In comaincrs with a volume of 55 gallons or less which are
In place for 7 days or less, provided that rho Corot combined volume in piece without containment on a pad or
work area does not exceed 660 gpllana for Stol, hydraulic fluid. or lubricants or 55 gallons of other hazardous
substances.
b. Container narking. All Independent Ebel end hazardous substance containers shall tze marked wihh.the
contents and the "assignee's name.
c. Fuel or hazardous substance transfers. Secondary containment or drip pans must be planed under all
container or vehicle fuel kink hues and euttot pointa hose connections, and hose ends during Mel or .
hazardous suhsumcc transfers: Appropdate spill rsponse equipment must be an hand during any transfer or
handling nr fuel or hazardous substances to respond to a spill of up to 5 gallons.
d. Storing container neerwoterbodies. Containers with a volume larger than 55 gallons, which contain
flit or hvardons substances, shall not he placed within 100 feet ore waterbody
Mar. 4. 2005 11:47AM 901 586 1097
MAR -2005 WED 02:11 PM SOA DNR SCRO Land
•
exdibh B
APt. 226255
Page 3 °t'4
No.1039 P. 6/7
FAX 110. 907 269 8913 P. 07
e. Exceptions The Division of Mining, Land and Water may, under unique Or special circumstances. grant
exceptions to these stipulations en a case -by -Casa begs. Requests for exceptions should be made to the
Southccnhul Regional Office n (907)26P-8562,
f. Definitions.
" Conat [viers" are defined as any Itcm which is used to hold fuel orhazardous aubstancas. his
Includes tanks, drums, that tanks on small equipment suto as light pipets end generators, flow test
holding tanks, stop oil oinks, bladders and bags. Mannhblded tanks must be considered as asingle
independent oentainor. Vehicles are not Intended to be included under this definition,
"Hnaardeua substance" is defined under AS 46.03125(5) as: (a) an element or compound which.
when it enters the atmosphere, crater or lend, presents an imminent and substantial danger to the
public health or welfare, including fish, animals or vegetation; (b) ail; or (c) a substance dcfinad as
a hazardous aubsmnce under 42 U.S.C. 9601(14).
"Seeondery containment" is defined u an impermeable diked Area or portable iatperrneeble
containment structure capable of containing 110 percent of the volume of thc largest independent
container. Double - walled tanks do not qualify es secondary containment unites es dxoeptiin Is
granted for particular tmtk
12. Alaska Historic Preservation Act. The Alaska Historic preservation Act AS 41.35.200) prohibits
the apprepriadon, excavation, removal, injury, or destruction of any state -owned historic, prehistoric
(paleontological) or archaeological site without a permit from the Commissioner of the Alaska Depanment
of Natural Resources. If the proposed activities reveal Cultural orpaleontological resources, you must
C8/A6 any activities that may damage the site and immediately contact the State Historic preservation Office
(907 - 269 -8721) and the U.S. Army corps of Engineers (907.753 -2712) so that consultation per section 106
of the Natural Historic Preservation Act may proceed.
13. Sentinel Historic Preservation Act. If a grant or other funding for constmcdon of f :tllties is
received by the assignee from the Air Force or another federal agony, compliance with Section 1% ofthe
National Historic Preservation Act and its implementing regulations, 36 CFR 800, Is required prior to
authorizing construction.
14. Pacfltty Funding, If Bands are not available for the proposed orbital space launch facility or other
site•relatad aerospace activities within 10 years from the dato of approval of this authorization, the
authorization will automatically terminate.
15. Valid Rxistine Rights. This assignment is subject to all valid existing rights, easements, rights of
way, and reservations of record. Additional easements may be dedicated orgranted by the Division of
Mining, Land and Water with written concurrence of the asaigaee.
16- Pubtie Access. Public Access to state lands, tidelands and waterwayashall not be blocked or
restricted in any way on state land. The assignee may restrict public access through the ILMA parcel to
protect public safety and the assignee's improvements
17. Reservations. This amended ILMA is subject to the following:
Grazing tease ADL 221677
Public &asement ADL 221571
Mar. 4. 2005 11:48AM 907 586 1097
, MRR-02 - 2005 WED 02:12 PM SOA DNR SCRO Land
samba 6
ADL 226285
Page 4 of
No.1039 P. 7/7
FAX NO, 907 269 8913 P. 08
*Public and Charitable Lease 67915 — *Upon expiration of the term in ADL 67915 or the earlier
termination of ADL 67915 for any mason, the real property subject to ADL 67915 shall become
part orthls ILMA and Alaska Aerospace Development Corporation shall enjoy the use thereof
pursuant to elm terms of this ILMA.
18. Amendments. Any request to amend the ILMA by the Alaska Aerospace Development Corporation
may result In a fee being charged as determined by the Director. The the may not exceed the lesser of
$3,000.00 or seven percent of the fair market value added as a result of the amendment.
19, Responsibility, Issuance of this amended ILMA does not relieve the Alaska Aerospace Development
Corporadon of the responsibility of obtaining any other permits, approvals or licenses es may be required
by other duly authorized state, local or federal agencies. This includes the Alaska Department of
Transportation and Public redlines who maintain and manage the Narrow Cape /Pasagshak rood.
20, Radio Interference. The Alaska Aerospace Development Corporation will cooperate and work with
the US Coast Guard to ensure that all communication and electronic equipment are compatible.
KODIAKISLAND BOROUGH
Engineering & Facilities Department
MEMORANDUM
DATE: March 8, 2005
Vt
TO: Nancy Galstad, Borough Manager b/
FROM: Bud Cassidy, Engineering and Facilities
SUBJ: Bond Project Status Report
Seismic Vulnerability Study
Voters approved bonds in the amount of $500,000 to fund this project. The scope of work
includes analyzing 14 of our school buildings and evaluating their structural response to probable
earthquakes. Many of our buildings or their original core structures were built in the 1950's and
1960's. Though they were constructed to meet the seismic codes of their time, we have come a
long way in understanding a building's response to ground motion. Codes have been improved.
We need buildings that meet current seismic codes. This study will also have a geologic
component. Where are the faults that could rupture, what are their reoccurrence intervals, and
what kind of ground motion will be created? All this will determine a building's response to the
probable ground motion.
A Request for Proposals (RFP) is out on the street for firms to respond to. These responses are
due tomorrow - March 11. Firms interested in performing this work are generally
Architecture/Engineering firms who will partner with Geologic /Geotechnical firms. Responses to
the RFP will be reviewed by staff and the Architectural Review Board (ARB) to select the best -
qualified firm(s) to perform the work. This is a very technical project and will involve a lot of
staff time and effort to respond to the needs of the successful firm.
Other Bond Projects
The seismic evaluation of our school structures is really the basis of many of our other bond
projects and will be performed first. What we are trying to accomplish is to not throw good
money after bad buildings. This may slow things a bit, but we will be able to prioritize which
buildings need to be looked at first. I am thinking the two village schools and the Area Wide
School building should be first. They are the biggest of our bond projects, totaling over $5
million.
Preparation of Projects
All of these projects require the retrieval of the old construction documents (blue prints) used to
construct the original buildings. These "plan sets" include the architectural, mechanical, and
electrical drawings as well as other site information. Presently we are doing an inventory of our
plan sets. These documents are in a 24" x 36" format and include upward to 30- 50 pages. At
this stage, we have found that we do not have all the documents is our archive room and are
working with the School District to see what plan sets they may have. We have purchased a large
format scanner. This machine will scan these documents to make them electronic so that they can
be easily retrieved, emailed, or copied without ever handling the "plan set" ever again. The value
of performing this process is the ability to just look at a single page or pages of the plan set
without having to touch the plan set. Should someone out of state need a copy, it can be easily
emailed.
New Swimming Pool
The community identified the need for a new swimming pool. This pool will be a stand -alone
structure. That is, it will not be tied to an existing building. This was done so that pool
construction could begin while the seismic evaluation of the other buildings is being performed.
The pool will be constructed according to the latest building codes for seismic safety. The site
for the new pool has not been identified
An RFP for the design of the pool will come out shortly — by late March. As approved by voters,
the pool will be a 6 -lane competitive pool with a "zero entry" handicapped accessible area.
Construction Costs to build this facility are $6,210,000.
Schedule of other Projects
Though a number of projects will not begin until after the completion of the seismic vulnerability
study, there are still a number of smaller projects that can proceed. These include:
• KMS concrete repair ($237,918)
• District Wide Floor Covering ($728,708$)
• KHS Asbestos removal project ($304,704)
• High School Heating/Ventilation ($250,000)
Two new Positions
KIB has hired two new positions to be associated with these bond projects. As of March 7, both
positions are in place.
Price Escalation
One of the things that is affecting our projects is the continuing increase of building material and
labor. Steel, plywood, and cement are the items that have written about most. These increases
will require us to rethink our approach. Some of the things we may be able to do will make us
more efficient. Hiring a common architect for similar projects will reduce the number of
professionals and consultants that staff will have to interface with. There is an economy of scale
by doing this. Aggregating multiple projects into one project for folks to bid on is another
method. Strategic sourcing similar to buying in bulk allows larger purchasing of items to make
the unit cost cheaper. We will also look at this.
ARTICLES OF INCORPORATION
OF
KODIAK FISHERIES DEVELOPMENT ASSOCIATION
The undersigned incorporators hereby adopt the following Articles
of Incorporation:
ARTICLE I
The name of the corporation is Kodiak Fisheries Development
Association (the "Corporation ").
ARTICLE II
The Corporation shall have perpetual duration.
ARTICLE III
The Corporation is organized exclusively to promote the social
welfare of the City of Kodiak and the Kodiak Island Borough (together, the
"Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue
Code of the United States (as the same may be amended, supplemented, or
replaced from time to time, the "Internal Revenue Code "). Subject to the
foregoing, the specific purposes for which the Corporation is organized are as
follows:
A. To act as an Eligible Crab Community Entity ( "ECCE ") on
behalf of the Kodiak Community for purposes of exercising rights of first refusal
in connection with proposed transfers of processor quota shares and individual
processor quota, pursuant to the Bering Sea /Aleutian Island crab rationalization
program regulations set forth at 50 C.F.R. part 680, as the same may be amended
from time to time (the - Regulations ");
B. Subject to the Council of the City of Kodiak and the Kodiak
Island Borough Assembly specifically authorizing it to do so, to act as an Eligible
Crab Community Organization ( "ECCO ") for the Kodiak Community for
purposes of holding crab rationalization quota shares on behalf of the Kodiak
Community and making the resulting individual fishing quota available to
residents of the Kodiak Community; and
C. In general, to exercise those powers set forth in AS 10.20.005,
et seq., as now enacted or as may hereafter be amended, and to exercise such
other powers that now are or hereafter may be conferred by law upon a
corporation organized for the purposes set forth herein or that are necessary or
incidental to the powers so conferred, subject only to such limitations that are or
may be prescribed by state or federal law, any resolution of the Council of the
City of Kodiak or the Kodiak Island Borough Assembly, these Articles of
Incorporation, and the Corporation's Bylaws, including without limitation the
limitations placed on organizations exempt from taxation under Section 501(c)(4)
of the Internal Revenue Code.
ARTICLE IV
Provisions for regulating the affairs of the Corporation, including
provisions for distribution of assets on final liquidation, are as follows:
A. The Corporation shall not engage in any transactions or
activities prohibited by the applicable sections of Subchapter F of Chapter 1 of
the Internal Revenue Code, or of the Alaska Nonprofit Corporation Act, as they
are now in effect or may be afterwards amended, supplemented, or replaced.
B. No more than an unsubstantial part of the Corporation's
activities shall consist of unrelated trade or business as defined in Section 513 of
the Internal Revenue Code.
C. No part of the net earnings of the Corporation shall inure to
the benefit of any private individual, or any officer, director, employee, or agent
of the Corporation or substantial contribution to it, except as reasonable
compensation for services actually rendered to the Corporation.
D. No loan shall be made by the Corporation to any director or
officer of the Corporation.
E. The Corporation shall not directly or indirectly participate or
intervene in any political campaign on behalf of or in opposition to any
candidate for public office, ballot initiative, or other voter resolution, nor shall
any substantial part of its activities consist of attempting to influence legislation
by propaganda or otherwise.
F. The Corporation shall be dissolved in accordance with the
relevant provisions of the Alaska Nonprofit Corporation Act, AS 10.20.290 et seq.
Upon dissolution of the Corporation, its assets shall be distributed to
organizations whose purposes and activities are substantially the same as those
of the Corporation for one or more exempt purposes within the meaning of
Section 501(c)(3) of the Internal Revenue Code, or shall be distributed to the
federal government or to a state or local government, for a similar public
purpose. Any such assets not so disposed of by the Corporation in the course of
winding up its affairs shall be disposed of by a court of competent jurisdiction in
the judicial district in which the principal office of the Corporation is then
located, exclusively for such exempt purposes or to such organization or
organizations as said court shall determine are organized and operated
exclusively for such exempt purposes.
G. The Corporation shall have no members.
H. The management of the Corporation is hereby vested in its
Board of Directors. The number of directors, their terms, and their qualifications
shall be as specified in the Bylaws of the Corporation.
ARTICLE V
LIMITATION OF LIABILITY
A director of the Corporation shall not be personally liable to the
Corporation for monetary damages for conduct as a director, except for:
Corporation;
A. Any breach of the director's duty of loyalty to the
B. Acts or omissions involving intentional misconduct
by the director or a knowing violation of law by the director; or
C. Any transaction from which the director will
personally receive a benefit in money, property, or services to which the director
is not legally entitled.
If the Alaska Nonprofit Corporation Art is amended to authori
corporate action further eliminating or limiting the personal liability of directors,
then the liability of a director of the Corporation shall be eliminated or limited to
the fullest extent permitted by the Alaska Nonprofit Corporation Act, as so
amended. Any repeal or modification of the foregoing paragraph by the
Corporation shall not adversely affect any right or protection of a director of the
3
Corporation with respect to any rights or omissions of such director occurring
prior to such repeal or modification.
ARTICLE VI
REGISTERED AGENT
The name of the initial registered agent and the address of the
initial registered office of the Corporation are:
National Registered Agents, Inc.
801 West 10th Street, Suite 300
Juneau, Alaska 99801
ARTICLE VII
INITIAL DIRECTORS
The Corporation's initial Board of Directors shall consist of three (3)
persons who shall serve until their successors are elected and qualify The names
and addresses of the initial directors are:
Name: Ms. Linda Freed
Address:
Name: Mr. Jerome Selby
Address
Name: Mr. Joseph Sullivan
Address:
4
are:
The names and addresses of the incorporators of the Corporation
Name: Ms. Linda Freed
Address:
Name: Mr. Jerome Selby
Address:
Name: Mr. Joseph Sullivan
Address:
EXECUTED this day of March, 2005.
,Incorporator ,Incorporator
, Incorporator
ARTICLE VIII
INCORPORATORS
U: \JMSP\DOCUMENTS\ ARTICLES OF INCROPORAT ION- KODIAK ECCE-3488-002A.DOC
5
BYLAWS
OF
KODIAK FISHERIES DEVELOPMENT ASSOCIATION
ARTICLE I - NAME AND LOCATION
Section 1. Name. The name of the organization shall be Kodiak
Fisheries Development Association (the "Corporation ").
Section 2. Location. The initial office of the Corporation shall be
located at . Thereafter, the office shall
be located as the Corporation's Board of Directors may determine.
ARTICLE II - PURPOSE
The Corporation is organized exclusively to promote the social
welfare of the City of Kodiak and the Kodiak Island Borough (together, the
"Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue
Code of the United States (as the same may be amended, supplemented, or
replaced from time to time, the "Internal Revenue Code "). Subject to the
foregoing, the specific purposes for which the Corporation is organized are as
follows:
A. To act as an Eligible Crab Community Entity ( "ECCE ") on
behalf of the Kodiak Community for purposes of exercising rights of first refusal
in connection with proposed transfers of processor quota shares ( "PQS") and
individual processor quota ( "IPQ "), pursuant to the Bering Sea /Aleutian Island
( "BS /AI ") crab rationalization program regulations set forth at 50 C.F.R. part 680,
as the same may be amended from time to time (the Regulations ");
B. If the Council of the City of Kodiak and the Kodiak Island
Borough Assembly authorize it to do so, to act as an Eligible Crab Community
Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab
rationalization quota shares ( "QS ") on behalf of the Kodiak Community and
making the resulting individual fishing quota ( "IFQ ") available to residents of
the Kodiak Community; and
C. In general, to exercise those powers set forth in AS 10.20.005,
et seq., as now enacted or as may hereafter be amended, and to exercise such
other powers that now are or hereafter may be conferred by law upon a
corporation organized for the purposes set forth herein or that are necessary or
incidental to the powers so conferred, subject only to such limitations that are or
may be prescribed by state or federal law, any resolution of the Council of the
City of Kodiak or the Kodiak Island Borough Assembly, these Articles of
Incorporation, and the Corporation's Bylaws, including without limitation the
limitations placed on organizations exempt from taxation under Section 501(c)(4)
of the Internal Revenue Code.
ARTICLE III - MEMBERSHIP
The Corporation shall have no members.
ARTICLE IV - BOARD OF DIRECTORS
Section 1. Functions and Powers. The initial Board of Directors
(the "Initial Board ") shall have the authority to adopt the Corporation's initial
Bylaws, elect its initial officers, and take whatever steps may be appropriate to
qualify it as an ECCE with the National Marine Fisheries Service pursuant to the
Regulations. All other authority to act as a board of directors for the Corporation
shall be reserved to the Board of Directors appointed pursuant to Article IV,
Section 3, below (the "Board of Directors" or the "Board "). The Board of
Directors shall manage the affairs of the Corporation. The Board shall have the
power to supervise, control, and direct the affairs of the Corporation; determine
its policies within the limits of the Articles of Incorporation and these Bylaws;
collect, administer, and disburse the Corporation's funds; approve projects, and
otherwise actively pursue and promote the purposes of the Corporation. The
salaries, if any, of all employees of the Corporation shall be determined by or
under the direction of the Board of Directors. The Board shall review
expenditures for the prior year and approve a proposed budget for the
Corporation's coming fiscal year at its annual meeting.
Section 2. Number. The number of directors serving on the Initial
Board shall be three (3). The number of Directors serving on the Board of
Directors shall be seven (7). The Initial Directors shall be named by the
incorporators and shall remain in office until their successors are designated and
qualified in accordance with Article IV, Section 3, below.
Section 3. Composition and Voting Rights. The Board of Directors
of the Corporation shall be appointed by the Council of the City of Kodiak and
the Kodiak Island Borough Assembly, as follows:
A. Two (2) directors shall be appointed by the City of Kodiak;
2
B. Two (2) directors shall be appointed by the Kodiak Island
Borough; and
C. Three (3) directors shall be jointly appointed by the City of
Kodiak and the Kodiak Island Borough.
At least two (2) directors shall represent the interests of Kodiak Community
BS/ AI crab harvesters, and at least two (2) directors shall represent the interests
of Kodiak Community BS/ AI crab processors. Except as otherwise provided in
the Corporation's Articles of Incorporation or these Bylaws, approval by a three -
fifths (3/5) vote of the directors present at or participating in any meeting is
required for all Board action.
Section 4. Meetings. Meetings of the Corporation's Board of
Directors shall be held at times and places designated by the Board. Special
meetings of the Board may be called by a majority of the Board or by the
President. Participation in a Board meeting by means of a telecommunications
device that allows all parties to hear each other at the same time shall be the
equivalent of presence in person at a meeting.
Section 5. Public Participation at Meetings. Members of the public
shall be permitted to attend and shall be given an opportunity to be heard at all
meetings of the Corporation's Board of Directors; provided that the Board may
from time to time enter closed executive session as permissible under Alaska
statutes.
Section 6. Notice of Meetings. Notice of each meeting describing
the matters to come before the Board at that meeting shall be given in writing to
each director by mail, facsimile, or electronic mail transmission, not less than
three (3) days prior to the meeting. In addition, reasonable public notice of any
meeting of the Corporation's directors, which notice shall include the meeting's
date, time, and place, shall be given at least three (3) days in advance of the
meeting, in accordance with A.S. 44.62.310(e).
Section 7. Waiver of Notice. A director may waive any notice
required to be given by signing a written waiver either before or after the
meeting. A director may not waive the failure to give public notice per A.S.
44.62.310(e).
Section 8. Presumption of Assent: A director who is present at a
meeting of the Board of Directors at which action on any corporate matter is taken
shall be presumed to have assented to the action taken unless:
3
A. The director objects at the beginning of the meeting, or
promptly upon the director's arrival, to holding the meeting or transacting business
at the meeting;
B. The director's dissent or abstention from the action taken is
entered in the minutes of the meeting; or
C. The director files a written dissent or abstention with the
presiding officer of the meeting before its adjournment or with the Corporation
within a reasonable time after adjournment of the meeting.
The right of dissent or abstention is not available to a director who votes in favor of
the action taken.
Section 9. Qucirin. Presence of five - sevenths (5/ 7) of the directors
shall constitute a quorum for the transaction of business at all meetings.
Section 10. Action Without a Meeting. The Corporation's Board of
Directors may not take action without a meeting.
Section 11. Removal. A director may be removed from the Board
of Directors at the discretion of the entity or entities that appointed such director.
A director may also be removed by the Board if he or she is absent from three (3)
consecutive Board meetings without being excused by a majority of the other
directors.
Section 12. Remuneration. No stated salary shall be paid directors
for their service, but by resolution of the Board of Directors a fixed sum and
expenses of attendance, if any, may be allowed for attendance at each regular or
special meeting of the Board; provided, that nothing herein contained shall be
construed to preclude any director from serving the Corporation in any other
capacity and receiving compensation for such service. Members of committees of
the Board of Directors may be compensated for attending committee meetings.
ARTICLE V - COMMITTEES
Section 1. Designation. The Board of Directors may appoint
committees to assist and advise the Board with those functions, powers, duties,
and tenure as the Board deems appropriate. Each committee shall consist of at
least two (2) directors and such other persons as the Board may designate who
need not be members of the Board of Directors.
4
Section 2. Limitation of Committee Powers. Committees shall
exercise advisory authority only, and any committee recommendation shall
require subsequent action by the Board of Directors before binding the
Corporation. Without limiting the foregoing, no committee shall have the
authority of the Board of Directors to amend, alter, or repeal these Bylaws; to
elect, appoint, or remove any member of any such committee or any officer or
director of the Corporation (except as previously provided herein); amend or
restate the Corporation's Articles of Incorporation; adopt a plan of merger or
consolidation with another corporation; authorize the sale, lease, exchange, or
mortgage of all or substantially all of the property and assets of the Corporation;
authorize the voluntary dissolution of the Corporation or to revoke proceedings
therefor; adopt a plan for the distribution of the assets of the Corporation; amend,
alter, or repeal any resolution of the Board of Directors; adopt or amend the
budget of the Corporation; or act as otherwise prohibited by law.
ARTICLE VI - OFFICERS AND EXECUTIVE DIRECTOR
Section 1. Number and Title. The officers of the Corporation shall
be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall
be elected by the Board of Directors. In addition, the Board may authorize the
appointment of an Executive Director of the Corporation in accordance with
Section 8, below. The Secretary and the Treasurer may be, but need not be,
members of the Board.
Section 2. Election. Officers shall be elected annually, at the first
meeting following appointment of the Board. The Initial Directors may elect
interim officers, who shall hold office only until the Board of Directors is
appointed.
Section 3. Term. Officers other than those elected by the Initial
Board shall hold office for one (1) year terms, and all officers shall serve until
their respective successors are elected and qualified.
Section 4. Resignation. Any officer of the Corporation may resign at
any time by giving written notice to the Board of Directors, or to any other officer of
the Corporation. Any such resignation is effective when the notice is delivered,
unless the notice specifies a later date, and shall be without prejudice to the contract
rights, if any, of such officer.
Section 5. Removal. The Board of Directors may remove any officer
or agent appointed by it, with or without cause. The removal shall be without
prejudice to the contract rights, if any, of the person so removed.
5
Section 6. Vacancies. If the office of any officer becomes vacant by
any reason, the directors may appoint a successor who shall hold office for the
unexpired term.
Section 7. Salaries The salaries, if any, of the officers shall be fixed
from time to time by the Board of Directors.
Section 8. Executive Director. At the discretion of the Board of
Directors, and upon the approval of all directors, the Board may authorize the
Corporation to retain an Executive Director, who shall be responsible for the
administration and management of the Corporation and be directly responsible
to the Board of Directors. If the Board of Directors authorizes an Executive
Director, the Executive Director shall be appointed and may be removed by the
President, subject to the approval of a majority of the Board of Directors. The
Executive Director may, but need not, be a director of the Corporation.
ARTICLE VII - DUTIES OF OFFICERS
Section 1. President. The President shall preside at all meetings of
the Board of Directors and shall have such other powers as provided by these
Bylaws or as are delegated by the Board of Directors. The Board of Directors
may authorize the President to exercise all the powers and functions of the Board
of Directors in the management and discretion of the affairs of the Corporation,
provided that under no circumstances may the President take action that is
contrary to the direction of the Board of Directors or otherwise exceeds the
limitations set forth in Article V, Section 2 (which shall apply to the President as
though the President were a committee). The President shall prepare, or cause to
be prepared, and promptly sent to the Board of Directors, reports on any action
he or she takes on behalf of the Corporation.
Section 2. Vice President. The Vice President shall, in the absence
or disability of the President, perform the duties of the President and such other
duties as may be assigned by the Board of Directors.
Section 3. Secretary. The Secretary shall supervise the keeping of
the minutes of all meetings of the Board of Directors of the Corporation. The
Secretary shall have charge of such books and papers as the Board of Directors
may direct, including without limitation those records specified in Article VIII,
below, which shall, at all reasonable times, be open to the examination of any
the Secretary. T Secretary shall arrange upon reasonable notice to LLIC JCCTC LQry. The JCl:1 ClCll �' D11Q11 0.11 allge tV
provide proper notice of all meetings of the Board of Directors.
6
Section 4. Treasurer. The Treasurer shall supervise the keeping of
full and accurate accounts of receipts and disbursements in books belonging to
the Corporation. The Treasurer shall arrange to have all assets received by the
Corporation managed as the Board of Directors provide.
Section 5. Contract Rights. The appointment of an officer does not of
itself create any contract rights in favor of the officer.
ARTICLE VIII - BOOKS AND RECORDS
Section 1. Books of Accounts and Minutes. The Corporation:
A. Shall keep as permanent records minutes of all meetings of its
Board of Directors and a record of all recommendations of any committee(s) of the
Board of Directors;
B. Shall maintain appropriate accounting records;
C. Shall keep a copy of the following records at its principal office:
1. The Articles or Restated Articles of Incorporation and all
amendments to them currently in effect;
2. The Bylaws or Restated Bylaws and all amendments to
them currently in effect;
3. Its financial statements for the past three (3) years,
including balance sheets showing in reasonable detail the financial condition of the
Corporation as of the close of each fiscal year, and an income statement showing
the results of its operations during each fiscal year prepared on the basis of
generally accepted accounting principles or, if not, prepared on a basis explained
therein;
4. A list of the names and business addresses of its current
directors and officers;
Alaska;
5. Its most recent biennial report delivered to the State of
ECCE, and d u _ ll supporting
Its Application to become an n�.�n, d�� �ukiyoriuig
documents, including but not limited to all right of first refusal contracts with PQS
and/or IPQ holders;
7
7. Records related to every right of first refusal offered to the
Corporation, its response to the same, and all related documents; and
8. All reports the Corporation may submit to the National
Marine Fisheries Service or the State of Alaska.
Section 2. Copies of Resolutions. Any person dealing with the
Corporation may rely upon a copy of any of the records of the proceedings,
resolutions, or votes of the Board of Directors or shareholders, when certified by
the President or Secretary.
ARTICLE IX - MISCELLANEOUS PROVISIONS
Section 1. Checks and Notes. All financial instruments of the
Corporation shall be signed by the officer or officers designated by the Board of
Directors.
Section 2. Fiscal Year. The fiscal year of the Corporation shall be
from January 1 through December 31.
Section 3. Deposits. All funds of the Corporation not otherwise
employed shall be deposited in interest - bearing accounts selected by the
Treasurer and approved by a majority of the directors.
Section 4. Acceptance of Gifts, Donations, etc. No gift, donation,
bequest, or subscription to the Corporation shall be deemed to have been
accepted until acted upon affirmatively by the Board of Directors.
Section 5. Conflict of Interest. A director may be present during
and participate in discussion and action regarding any Corporation transaction
with respect to which a director has a direct or indirect material financial interest
if and only if: (a) the director discloses the material facts of his or her financial
interest; (b) the Board authorizes the conflicting interest transaction by a vote
sufficient to meet the Board action requirements of these Bylaws, without
counting any interested director's vote; and (c) the Board can demonstrate by
clear and compelling evidence that the transaction is reasonable and fair to the
Corporation at the time it is authorized, approved, or ratified. If any of the
foregoing conditions are not satisfied with respect to any transaction involving
the Corporation in connection with which a director has a direct or indirect
i interest, d i eau may not be present and may no t
material financial inreresr, such Ulre( Nr may 1IV1 be Yre�cru during aa,u may not
participate in any discussion or action with respect to such transaction.
8
ARTICLE X - PARLIAMENTARY PROCEDURE
The most recent edition of Robert's Rules of Order shall govern
questions of parliamentary procedure at all meetings of the Board of Directors,
the Executive Committee, or any other committee of the Corporation.
ARTICLE XI - AMENDMENTS
These Bylaws may be amended or replaced at any regular or
special meeting of the Board of Directors by unanimous vote of all directors,
provided that no change to the Bylaws shall be made unless the notice of the
meeting at which they are changed: (i) specifies the proposed change as a
purpose of that meeting; and (ii) provides the text of the proposed change as part
of the meeting notice.
ARTICLE XII - INDEMNIFICATION, INSURANCE, AND BONDING
Section 1. Officers and Directors. The Corporation shall indemnify
and defend all present and former directors, officers, employees, and agents of
the Corporation against any expenses of any proceeding (including by or in the
right of the Corporation) to which they are parties because they are or were
directors, officers, employees, or agents of the Corporation, all as defined and to
the fullest extent permitted by law.
Section 2. Insurance. The Corporation may purchase and maintain
insurance on behalf of any person who is or was serving at the request of the
Corporation as a director, officer, employee, or agent of another corporation,
partnership, joint venture, trust, other enterprise, or employee benefit plan
against any liability asserted against such person and incurred by such person in
any such capacity or arising out of such person's status as such, whether or not
the Corporation would have the power to indemnify such person against such
liability under the provisions of this Article.
Section 3. Bonding. The Board may require that any person
authorized to sign checks for the Corporation shall furnish, at the expense of the
Corporation, a fidelity bond in such sum as the Board shall prescribe.
U:\ ` RS CT\CORPORATE \BYLAW&ECC- ECCO.DOC
ADOPTED: March , 2005.
, President
, Secretary
10
5. Narrow Cape Land Use
PACKET REVIEW
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLYMEMBER COMMENTS
ASSEMBLY WORK SESSION
March 10, 2005 - 7:30 p.m.
Borough Conference Room
CITIZENS' COMMENTS (limited to three minutes per speaker) r�
ITEMS FOR DISCUSSION
School Board - Capital Projects e3 3\ V ' A '
n.�
ble Crab Community Entity Resolution
4. City Annexation of Watershed and Requested Private Property
ADF &G Bu i . mg om ' - . ion
1 AGENDA
1 ON LEAVE
Branson - March 4 -13 - April 14 -23
Anderson - March 11 -30
Raney - April 18 -22 - AML Spring Conference - Juneau
Selby - April 18 -22 - AML Conference of Mayors - Juneau
March 2005
10 - 7:30 pm Assembly Work Session - CR
CANCELED City Council Regular Meeting
15- 7:00 pm Architectural Review Board Meeting - KFRC CR
16- 7:30 pm Planning and Zoning Commission Regular Meeting - AC
17- 7:30 pm Assembly Regular Meeting - AC
21- 5:15 pm School Board Budget Work Session - SD /CR
7:00 pm Womens Bay Service Area Board Budget Public Hearing - WBFH /
22- 7:00 pm Parks and Recreation Committee Meeting - CR
7:00 pm Bay View Road Service Area Road Budget Public Hearing - BFH 1 ,
7:30 pm City Council Work Session - SD /CR V
23- 7:30 pm Planning and Zoning Commission Work Session - CR
7:30 pm Service Area No. 1 Board Meeting - BFH
24- 7:30 pm City Council Regular Meeting - AC n
28- CLOSED Borough Offices Closed in Observance of Seward's Day
5:15 pm School Board Budget Work Session - SD /CR
7:00 pm School Regular Meeting - AC
31- 7:30 pm Assembly Work Session - CR (Planning and Zoning Commission)
April 2005
4- 5:15 pm School Board Budget Work Session - SD /CR
7:00 pm School Board Work Session - SD /CR
7- 7:30 pm Assembly Regular Meeting - AC
11- 5:15 pm School Board Budget Work Session - SD /CR
12- 7:00 pm Parks and Recreation Committee Meeting - CR
7:30 pm City Council Work Session - SD /CR
13- 7:30 pm Planning and Zoning Commission Work Session - CR n j,
14- 7:30 pm City Council Work Regular - CR n _ n l th�e(,��7�OO
7:30 pm City Council Regular Meeting - AC "`f 7 AWJtX� - / " """""'
18- 5:15 pm School Board Budget Work Session - SD /CR
7:00 pm School Board Regular Meeting - AC
20- 7:30 pm Planning and Zoning Commission Regular Meeting - AC
21- 7:30 pm Assembly Regular Meeting - AC
26- 7:00 pm Parks and Recreation Committee Meeting - CR
7:30 pm City Council Work Session - SD /CR
7:30 pm Assembly Work Session - CR - r }� arias lQ/
7:30 pm City Council Regular Meeting - AC ma y' � qv
ASSEMBLY CALENDAR
ntal /
XW C L p fa-
egeZZ4
/ /a /2005 44
Alaska Pacific Environmental Services Anchorage, LLC ( "APESA ") is an
Alaskan owned refuse company operating currently in the Anchorage area.
APESA was formed in 2003 by a number of former managers and
employees of Waste Management to provide a competitive alternative for
waste collection operations in Alaska. As part of this effort, APESA
acquired two small companies in Anchorage, Alaska Waste Transfer and
Commercial Refuse and began competing with Waste Management in that
market. In November of 2004, APESA and Waste Management entered into
an agreement whereby APESA would be acquiring all the assets used by
Waste Management in Anchorage, the Matanuska - Susitna Valley, the Kenai
Peninsula and Kodiak Island. The parties hope to close the transaction by
April 1, 2005 subject to approval of the transfer of the certificated operations
by the Regulatory Commission of Alaska. Kodiak is the only transaction
that does not require regulatory approval and it is scheduled to close by
March 31, 2005, subject to completion of contractual due diligence and
assignment of the existing Borough contract. We respectfully request this re
assigment at the 07 April at which time we will have all pertinent
requirements ready.
In support of an assignment of the contract by the Kodiak Island Borough,
APESA offers the following. APESA has agreed to retain all the existing
Kodiak employees, including Caroll Mahoney as the General Manager of
Kodiak operations This will insure that the transition to new ownership will
be seamless to the Borough and its' residents and that the community will
continue to receive the high quality of service it has become accustomed to
in the last few years. The management support for the operation will be
strengthened by having Alaska based management and ownership that will
allow for greater responsiveness and return of many services to the Alaskan
communities it serves, including use of local vendors and support for local
issues. APESA has significant strength in the senior management team,
employing many of the former senior executives of Waste Management in
Alaska. For example, the general manager of APESA is Bobby Cox, who
was formerly the Division Vice President of Waste Management of Alaska
until 2001. Prior to working for Waste Management, Mr. Cox was the
President of Anchorage Refuse, Inc for a number of years Since leaving
Waste Management, Mr. Cox purchased and continues to operate successful
refuse companies in Juneau, Ketchikan, Nome and Dutch Harbor. In
addition, John Wylie, former Division Controller for Waste Management of
Alaska is a partner in APESA and brings his experience from Waste and
from a number of other prominent Alaskan companies Craig Gales, former
Division Sales Manager for Waste Management is a partner and brings over
15 years of refuse experience to the company. The principal financial
support for the company comes from the partners of JL Properties, which is
one of the largest and most successful Alaskan-owned property
development firms. John Rubini and Leonard Hyde, the principals of JL, are
committed to the Alaskan market and see this as an opportunity to extend the
range of services they offer in their community development efforts.
Upon closing of the transaction, APESA looks forward to bringing back
locally- owned, committed service to the Alaskan communities it serves.
Should you need further information, please contact Bobby Cox at (907)
522 -0905, Cell (907) 230 -2044 or Caroll Mahoney at (907) 486 -5308.
Thanks for your consideration and we look forward to working together with
you to meet the refuse needs of the Borough.
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Kodiak Island Borough
MEMORAN
Borough Assembly
Nancy Galstad, Borough Manager
Karleton Short, Finance Director
School District in Kind
March 10, 2005
U M
Bud Cassidy asked me to prepare a spreadsheet on how much we have budgeted for in -kind
services to the school district and how much we have spent this year. I already had a spreadsheet
showing these expenses for the last ten years so I thought that I would include this data as well.
When looking at the current year numbers you have to remember that many invoices will not be
paid for 20 to 30 days, some even longer. The building insurance has been paid for FY2005
however. This came in $92,000 under budget. This is partially offset by their liability insurance
coming in $14,000 more than budget.
Snow removal should come in below budget. I do not know how much we will spend on
maintenance by the end of the year.
Not shown on this spreadsheet is the amount the Borough paid for reimbursement of school
district debt. In FY 2005 this will amount to $393,000, or over 1/2 mill.
Between FY 1995 and FY 2004 the contribution to the school district went from 5.2 mills to 9.1
mills, an increase of 3.9 mills.
Kodiak Island Borough
Transfers and Expenditures to KIBSD
FY 2005
General Fund 100 -180
MIS
Mental Health
Crossing Guard
Audit
Liability Insurance
Sub Total
Building & Grounds Fund
Building Insurance
Snow Removal
Minor Repairs
Major Repairs
Projects
Sub total
TOTAL Inkind
Direct contribution
Total contribution
FY2005
Budget
126,650
381,350
12,000
37,000
92,000
649,000
220 -234
275,000
30,000
53,000
80,000
438,000
1,087,000
7,326,440
8,413,440
YTD Percent
02/28/2005 Available Used
84,433
190,675
6,000
24,210
106,171
411,489
182,911
7,331
190,242
601,731
4,884,293
5,486,024
42,217 67%
190,675 50%
6,000 50%
12,790 65%
- 14,171 115%
237,511 63%
92,089 67%
30,000 0%
45,669 14%
0
80,000 0%
247,758 43%
485,269 55%
2,442,147 67%
2,927,416 65%
1995 134,550
1996 214,690
1997 198,340
1998 315 530
1999 264,520
2000 121,409
2001 126,645
2002 126,650
2003 126,650
2004 130,000
GENERAL. FUND Fund 100, Dept 180
Kodiak Island Borough Contributions to the School District
BUILDING AND GROUNDS Fund 220, Dept. 234
Mental Crossing Liability
Building Snow Minor Major
TOTAL Direct Total Assessed Mill Rate
MIS Health Guard Audit Insurance Sub Total Insurance Renioval R • irs Re • : irs pro Sub total Inklnd contribution contribution Value E • Natant
- 29,993 62,634 227,177 88,701 18,732
- 19,664 34,584 268,938 82,220 2,514
465,480 28,136 36,996 728,952 90,636 25,299 -
398 ,675 40,619 46,717 801,541 84,827 21,189 3,804
399,600 28,666 39,194 731,980 65,678 34,478 4,900
381,345 49,039 44,350 596,143 78,617 26,590 9,554
381,345 49339 36,917 594,246 77,622 4,507
381,345 10,250 31,924 38,421 588,590 74,602 40,950 38,566
381,350 8595 34,893 73,917 625,405 293,891 18,344 2,518
381,350 10,345 62,425 87,941 672,061 245,560 41,346 38
2005 Budget 126,650 381,350 12,000 37,000 92,000 649,000 275,000 30,000 53,000
0 2262005 84,433 190,675 6,000 24,210 106,171 411,489 182,911 7,331
Available 42,217 190,675 6,000 12,790 - 14,171 237,511 92,089 30,000 45,669
107,432
84,734
115,935
109,820
105,056
15,507 48,043 178,311
7,521 89,650
11,141 21,000 186,259
15,395 330,148
13,347 300,291
334,609
353,672
844,887
911,361
837,036
774,454
683,896
774,849
955,553
972,352
3,200,000
3,975,000
3,995,000
4,804,000
5,655,840
5,556,310
5,966,440
6,331,440
6,626,440
7,049,645
3,534,609
4,328,672
4,839,887
5,715,361
6,492,876
6,330,764
6,650,336
7,106,289
7,581,993
8,021,997
80,000 438,000 1,087,000 7,326,440 8,413,440 783,909,250
190242.04 601,731 4,884,293 5,486,024
80,000 247,758 485,269 2,442,147 2,927,416
9,000,000
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
Total Contribution to KIBSD
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
10.00
9.00
8.00
7.00
6.00
5.00
4.00
3.00
2.00
1.00
Mill Rate Equivelant of Contribution
617,779,056
640,462,576
654,134,651
681,345,890
686,856,392
715,749,035
748,755,543
752,051 892
760,451,857
770,636,765
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
5.18
6.21
6.11
7.05
8.23
7.76
7.97
8.42
8.71
9.15
9.35
