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2005-10-20 Regular MeetingKodiak Island Borough October 20, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Reed Oswalt Assemblymember Term Expires 2005 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy We/ /s Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough October 20, 2005 Assembly Agenda Regular Meeting Assembly Chambers 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 Special Meeting of June 30 and Regular Meeting of September 1, 2005. 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 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. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. Assembly Agenda Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -19 for Purchase of P -25 Radio Equipment. 2. Contract No. FY2006 -20 Sole Source Contract for the Preparation of a Pre - Disaster Mitigation Plan. 3. Contract No. 95 -47D Amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union. B. RESOLUTIONS 1. Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. 2. Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and Conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. 3. Resolution No. FY2006 -15 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Rural Communities Capital Improvement Projects Priority List. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. 2. Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem. D. OTHER ITEMS 1. Acknowledging Receipt of the Architectural /Engineering Review Board's Recommendation for Architectural and Construction Services to Assist the KIB in Designing and Constructing a New Pool Facility. 2. Oath of Office to Newly- Elected Assembly Members. 3. Presentation to Outgoing Assembly Members. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Regular Meeting of August 29, and Special Meetings of September 6, 12, and 22, 2005. 2. Architectural Engineering Review Board Meeting of March 29, 2005. B. REPORTS 1. Kodiak Island Borough September 2005 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 Assembl Chambers. Kodiak Island Borough Assembly Agenda October 20, 2005 Page 2 Kodiak Island Borough October 20, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Reed Oswalt Assemblymember Term Expires 2005 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough October 20, 2005 Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION DRAFT 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of June 30 and Regular Meeting of September 1, 2005. 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 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. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Bui /dings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. Assembly Agenda Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -19 for Purchase of P -25 Radio Equipment. 2. Contract No. Plan. 3. Contract No. IBEW Union. B. RESOLUTIONS FY2006 -20 Sole Source Contract for the Preparation of a Pre - Disaster Mitigation 95 -47D Amending Contract No. 95 -47 Collective Bargaining Agreement with the Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. Resolution No. FY2006 -13A Amending Resolution No. FY2006 -13 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Capital Improvements Projects Priority List. 3. Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and Conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. ADD owrhy/Ng e, r/€ s e iP d2Eso. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. Ave Pte them oat. D. OTHER ITEMS 1. Acknowledging Receipt of the Architectural /Engineering Review Board's Recommendation for Architectural and Construction Services to Assist the KIB in Desiging and Constructing a New Pool Facility. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Regular Meeting of August 29, and Special Meetings of September 6, 12, and 22, 2005. 2. Architectural Engineering Review Board Meeting of March 29, 2005. B. REPORTS 1. Kodiak Island Borough September 2005 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 Assem Chambers. Kodiak Island Borough Assembly Agenda October 20, 2005 Page 2 KODIAK ISLAND BOROUGH Special Assembly Meeting June 30, 2005 i special meeting of the Kodiak Island Borough Assembly was held May 12, 2005 in the Kodiak Island Borough Conference Room at 710 Mill Bay Road. The meeting was called to order at 10:33 p.m. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Reed Oswalt, Nancy Wells, and Barbara Williams. Absent was Cecil Ranney. Staff present were Manager Rick Gifford, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. WELLS moved to excuse Assemblymember Cecil Ranney, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING A. EXECUTIVE SESSION - MATTERS PERTAINING TO PERSONNEL 1. Borough Clerk's Performance Evaluation AND Borough Clerk's Employment Contract. Clerk Nielsen requested that her evaluation be conducted in public. The Assembly had general round table discussion about Clerk Nielsen's performance. Assemblymember Bonney would prepare the final written evaluation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY ADJOURNMENT Bonney moved to adjourn, seconded by Branson ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY The meeting adjourned at 11:39 p.m ATTEST: Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough June 30, 2005 Jerome Selby, Mayor Assembly Minutes Page 1 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 1, 2005 A regular meeting of the Kodiak Island Borough Assembly was held September 1, 2005 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 Jerome Selby, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Cecil Ranney, and Barbara Williams. Absent was Assemblymember Nancy Wells and Reed Oswalt. Staff present were Manager Gifford, Clerk Judi Nielsen, and Assistant Clerk Jessica Basuel. Branson moved to excuse Assemblymembers Wells and Oswalt seconded by Tuck Bonney VOICE VOTE ON MOTION TO EXCUSE CARRIED UNANIMOUSLY APPROVAL OF AGENDA Williams moved to approve the agenda, seconded by Branson VOICE VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of June 16, July 7, and August 4, 2005. Branson moved to approve the minutes as submitted, seconded by Williams Branson corrected the June 16 minutes to reflect that Assemblymember Oswalt was absent. VOICE VOTE ON MOTION TO APPROVE AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Proclamations Mayor Selby proclaimed the 4 Monday of September as "Family Day - a Day to Eat Dinner with Your Children" and the month of September as "Fetal Alcohol Syndrome Awareness Month ". CITIZENS' COMMENTS Mel Stephens said if assessed property values were increased, the mil rate should be reduced to create less dissatisfaction with property owners. COMMITTEE REPORTS A. AADC Update - Martha Schoenthal Mayor Selby said if Ms. Schoenthal does not make it to today's meeting, she will make her presentation at the next meeting. PUBLIC HEARING A. Ordinance No. FY2006 -02 Amending Title 15 Buildings and Construction to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. Branson Move to adopt Ordinance No. FY2006 -02 seconded by Bonney Manager Gifford reported that on July 11, 2005, the Joint City /Borough Building Code Review Committee adopted the 2003 International Building Code Kodiak Island Borough September 1, 2005 Assembly Minutes Page 1 including, Appendix H, Signs; 2003 International Fire Code; 2003 International Mechanical Code; 2003 Uniform Plumbing Code; and the 2005 National Electrical Code. Also included are the State of Alaska's Amendments to the 2003 IBC; 2003 IFC, and 2003 IMC. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Ranney, Williams, BOROUGH MANAGER'S REPORT Manager Gifford reported that new hires were Dria Halloway as the General Accountant and Lisa Mercato as the Interpretive Specialist. The Landfill was inspected on August 24 and DEC issued the Borough's highest score ever of 89 %. The amended hospital lease, capital projects list, and Woodland Acres Paving would be submitted to the Assembly soon. Ik Icard was invited to a future work session to give an update of the status of the Kodiak Fiber Optic Cable Project. Manager Gifford would be out through next Monday, September 5. There was general discussion about including school district projects in the CIP list. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated the Bailer staff and Bud Cassidy for the achievement on the landfill operation. He said property assessment was about equity for property owners and not about raising money. He encouraged everyone to participate in helping the hurricane victims and wished everyone a great Labor Day weekend. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -05A Amending Resolution No. FY2006 -05 Authorizing Land Sale Number Fifteen and Establishing Terms and Conditions. Abell moved to adopt Resolution No. FY2006 -05A, seconded by Branson Manager Gifford said this would remove the parcel in Bells Flats Subdivision that was previously added to the resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Williams, Abell 2. Resolution No. 1995 -01F Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Series in the Clerk's Office and Series CD -19 Original Mylar Copies of all Plats Filed with the Borough. Branson moved to adopt Resolution No. 1995 -01F seconded by Tuck Bonney Manager Gifford said that staff recommended adopting resolution 1995 -01F. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams, Abell, Bonney Kodiak Island Borough Assembly Minutes September 1, 2005 Page 2 3. Resolution No. FY2006 -09 Urging that the Governor and Legislature Designate Two Seats for Kodiak Residents on the Alaska Aerospace Development Corporation Board of Directors. Branson moved to adopt Resolution No. FY2006 -09 seconded by Tuck Bonney Manager Gifford said the staff recommended adopting resolution FY2006 -09. Branson thanked City Councilman Dave Woodruff and Mayor Selby for bringing this forward to recognize the importance of having two Kodiak seats with two Kodiak residents on the AADC board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Williams, Abell, Bonney, Branson C. ORDINANCES FOR INTRODUCT - None D. OTHER ITEMS - None \/, CITIZ TS Mar grope thanked Mh , yy orselby for explaining the meaning of "assessing dispose ruise ship garbage. to know how much the Borough was paid to ASSEMBLYMEMBER COMMENTS Assemblymember Williams thanked She hoped the community would Mayor Selby for the assessment explanation. pond to the needs of the hurricane victims. Assemblymember Bonney said this said Cod and Pollock season would year they had a good Pink Salmon season. He open soon. Assemblymember Ranney wished everyone a good weekend. Assemblymember Branson thanked Mayor Selby for his comment on assessment. closed The Borough Offices would be the Labor Day holiday. on Monday, September 5 in observance of The Assembly would meet in a work 7:30 p.m. in the Borough session on Thursday, September 8, 2005 at September 15, 2005 at 7:30 p.m. :e room and a regular meeting on Thursday, in the Assembly Chambers. ADJOURNMENT Branson moved to adjourn the meeting, seconded by Tom Abell ROLL CALL VOTE ON MOTION Branson, Ranney D UNANIMOUSLY: Williams, Abell, Bonney, The meeting adjourned at 8:02 p.m. Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough September 1, 2005 Jerome M. Selby, Mayor Assembly Minutes Page 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 9.A Ordinance No. FY 2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. In response to the Assembly's request, the Planning and Zoning Commission spent over a year reviewing KIBC 17.26, the mobile home park code. The Commission gathered information on the condition of local mobile home parks, and held public work sessions to discuss possible code changes. The Commission has now recommended certain amendments to KIBC Title 15 and Title 17 regarding the standards for the development and operation of mobile home parks and to address many of the issues raised regarding the health, safety, and welfare of mobile home park residents. Staff is recommending an amendment to Section 17.26.070: H. No addition or combination of additions shall increase the area of the mobile home as originally manufactured by more than 100 %. No addition or combination of additions shall extend in the vertical dimension beyond the maximum height of the horizontal plane established by the existing mobile home. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: Recommended motion: Move to adopt Ordinance FY 2006 -03. 17.26.070 Mobile home spaces. A. "Mobile home space" means a plot of ground at least thirty (30) feet in width and of sufficient length to meet all separation distances specified in this section and located within a mobile home park intended for the accommodation of a mobile home. B. No mobile home space shall contain more than one mobile home or doublewide mobile home. No other dwelling unit shall occupy a mobile home space. C. No combination of mobile home, addition thereto, or accessory building, shall occupy more than fifty (50) percent of the mobile home space. D Each mobile home space within the park shall have direct access to a park street. The park Street system shall have a connection to a public Street with a right -of -way of not less than fifty (50) feet. E. No portion of a mobile home will be within twenty -five (25) feet of any public street not within the mobile home park, nor shall it be within ten (10) feet of any park street. F. No portion of a mobile home, excluding the tongue, shall be closer than ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either stricture are without openings and constructed of materials that will provide a one (1) hour fire resistance rating or the structures are separated by a one (1) hour fire - rated barrier. G. An accessory building or a structure constructed of combustible materials shall be located no closer than five (5) feet from any other accessory building or structure within or adjacent to the mobile home space, and no closer than six (6) feet from any mobile home. H. No addition or combination of additions shall increase the area of the mobile home as originally manufactured by more than 100 %. No addition or combination of additions shall extend in the vertical dimension beyond the maximum height of the horizontal plane established by the existing mobile home. Section 1: Kodiak Island Borough, Alaska Introduced by Manager Gifford Drafted by, by Community Development Introduced: 10/06/2005 Public Hearing: 10/20/2005 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -03 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION CHAFFER 15.20 MOBILE HOMES SECTION 15.20.010 DEFINITIONS AND TITLE 17 ZONING CHAPTER 17.26 MOBILE HOME PARKS WHEREAS, the Kodiak Island Borough Assembly requested that the Planning and Zoning Commission review KIBC 17.26, the mobile home park code; and WHEREAS, the Planning and Zoning Commission spent more than one year reviewing the code, gathering information on the condition of local mobile home parks, and holding public work sessions to discuss possible code changes; and WHEREAS, the Commission has recommended certain amendments to KIBC Title 15 and Title 17 regarding the standards for the development and operation of mobile home parks and to address many of the issues raised regarding the health, safety, and welfare of mobile home park residents; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 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 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions is hereby amended as follows: 15.20.010 Definitions. A. "Mobile home" means a structure transportable in one (1) or more sections, which is eight (8) body feet or more in width and is forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. B. "Mobile home park" means any area, or premises, where space for ten (10) seven (7) or more mobile homes are rented, held for rent, or for which free occupancy is permitted to users for the purpose of securing their trade and meets all the requirements of Chapter 17.26 of this code. C. "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, and motor homes. Ordinance No. FY2006.03 Page lof 5 Section 3: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.005 Definitions is hereby amended as follows: 17.26.005 Definitions. For the purpose of this title the following definitions apply. A. "Mobile home" means a single -story structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width er and forty (40) body feet or more in length, or, when erected on -site is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on -site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but does not include bay windows. 24CFR Part 3280. B. "Mobile home park" means a tract of land upon which ten -(10) seven (7) or more mobile home spaces are located, established, or maintained for occupancy by mobile homes. Section 4: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.008 Definitions is hereby added as follows: 17.26.10 Applicability of this chapter A. Except as provided in section 17.36 of this title, all mobile home parks within the borough shall bt constructed, operated, and maintained in accordance with the standards set forth in this chapter. Complete responsibility for standards established by this chapter and for construction within a mobile home park shall rest with the owner of such park. When a mobile home park site plan is approved, the provisions of chapter 17.26 of this title will apply in lieu of the provisions of the underlying zoning district. Section 5: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.010 Districts where permitted is hereby amended as follows: 17.26.010 Districts where permitted. A. Mobile home parks shall be permitted only in the R3-- Multifamily Residential District and B Aas a conditional use in the B -- Business District. Section 6: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.020 Plan review is hereby amended as follows: 17.26.020 Plan review. A. An Every application for zoning compliance for a mobile home or a mobile home park shall include a site plan of the proposed mobile home park or expansion of an existing mobile home park except in instances where the building footprint and /or building placement is not altered. The site plan shall include: 1. The exterior boundaries of the subject property, its dimensions, and the area of the lot; and 2. All the items required by chapter 17.26 of this eede title. B. Plans for drainage, solid waste disposal, lighting, sewer, water, and roads for a mobile home park Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 2of 5 shall be prepared by a registered engineer and reviewed and approved by the engineering and facilities department prior to construction of the mobile home park. C. An as -built survey may be required to accompany zoning compliance permit applications. When required, the as -built survey will show the mobile home space boundaries, space size, parking area proposed mobile home footprint, as well as separation distances and parking areas on all adjoining mobile home park spaces. Section 7: Title 17 Zoning 4 Chapter 17.26 Mobile Horne Parks Section 17.26.030 Park streets is hereby amended as follows: 17.26.030 Park streets. A. All park streets shall be at least gravel, well- drained, maintained, and open to traffic at all times and AB. Two -way traffic. Each driving lane shall meet the minimum requirements for the design and construction of local roads within a subdivision as provided in Title 16 of this code;, BC. One -way traffic. The driving lane shall be at least twelve (12) feet wide;, 8D. Dead -end streets shall have a turn- around or cul -de -sac approved by the engineering and facilities department; -and DE. No dead -end street shall exceed five hundred (500) feet in length. Section 8: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.040 Parking is hereby amended as follows: 17.26.040 Parking. There shall be at least two (2) residential parking spaces included in each mobile home space, with minimum dimensions of nine (9) feet by eighteen (18) feet in size. Alternatively, the total amount of required parking for all mobile home spaces may be within a common parking area inside the mobile home park; subject to approval of the parking plan before the planning and zoning commission as a non - public hearing agenda item. All common parking areas shall be designed and approved as specified in section 17.57.080 of this chapter. Section 9: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.050 Walks is hereby amended as follows: 17.26.050 Walks. Provisions shall be made for at least a thirty (30) inch wide, well - drained gfavekkadrs and made of at a minimum the material as the park street, within the park for foot traffic to and from all mobile home spaces. Walkways shall not be included within the mobile home space. Section 10: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.060 Street names is hereby amended as follows: 17.26.060 Street names. Posting of street names and space numbers /addresses are the responsibility of the -ewner of the mobile home park owner. Street names and space numbers shall be assigned by the mobile home park owner and submitted to the community development department for review and approval subject to applicable street naming requirements. The established street names and space numbers /addresses shall be made available to other public agencies (e.g., fire department, law enforcement agencies, post office) by the community development department. Eaeh-mobile-home Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 3of 5 Section 11: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.070 Mobile home spaces is hereby amended as follows: 17.26.70 Spaee- eoverage Mobile home spaces. A. "Mobile home space" means a plot of ground at least thirty (30) feet in width and of sufficient length to meet all separation distances specified in this section and located within a mobile home park intended for the accommodation of a mobile home. B. No mobile home space shall contain more than one (1) mobile home or doublewide mobile home. No other dwelling unity shall occupy a mobile home space. C. No combination of mobile home, addition thereto, or accessory building, shall occupy more than fifty (50) percent of the mobile home space. D. Each mobile home space within the park shall have direct access to a park street. The park street system shall have a connection to a public street with a right -of -way of not less than fifty (50) feet. E. No portion of a mobile home will be within twenty -five (25) feet of any public street not within the mobile home park, nor shall it be within ten (10) feet of any park street. F. No portion of a mobile home, excluding the tongue, shall be closer than ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a one (1) hour fire resistance rating or the structures are separated by a one (1) hour fire -rated barrier. G. An accessory building or a structure constructed of combustible materials shall be located no closer than five (5) feet from any other accessory building or structure within or adjacent to the mobile home space, and no closer than six (6) feet from any mobile home. 1-I. No addition or combination of additions shall increase the area of the mobile home as originally manufactured by more than one hundred (100) percent. Section 12: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.100 Minimum distances is hereby repealed: follower - A. Any aeccssory building six (6) feet; C. Any exterior property line ten (10) feet; E. Any park strcct: tcn (10) fcct. .. . Section 13: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.110 Screening is hereby amended as follows: 17.26.110 Screening. The commission may require that a fence, wall, or hedge be established and maintained between the mobile home park and any other lot if there is a written complaint found by the planning and zoning commission to warrant such screening. Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 4of 5 Section 14: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.120 Parking of mobile homes is hereby amended as follows: 17.26.120 Parking of mobile homes. A mobile home shall not remain more than seventy -two (72) hours in a park unless it is parked in a mobile home space or in a designated on -site storage area referenced in chapter 17.26.090 of this title. Section 15: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.130 Mobile homes on individual lots is hereby amended as follows: 17.26.130 Mobile homes on individual lots. A. No more than one (1) mobile home shall be allowed on an individual lot, unless the mobile home is iocat,.d parked in a mobile home park. A single mobile home on an individual lot shall be subject to any ordinances which pertain to single - family residences: • - , B. Individual mobile homes shall be subject to the minimum lot size and setback requirements of the particular zoning district in which they are to be located; and C. All mobile homes must be inspected and receive a certificate of occupancy from the building official prior to occupancy, except in those municipalities where the building code has not been adopted. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Ordinance No. FY2006 -03 Page 5of 5 4-14 10. SUPPLIES: Providence shall take ownership all of the supplies maintained at the Hospital at the commencement of this Lease Agreement. Providence shall supply and maintain all expendable Hospital supplies as may be required in Providence's discretion for the proper operation of the Hospital. Providence shall, as part of its cost of operating the Hospital, supply and maintain all expendable hospital /medical supplies as may be required in Providence's discretion for the proper operation of Hospital. Upon termination of this Agreement, at et KIB has the option to purchase all of the supplies in inventory as well as floor stock items maintained at the Hospital. REPLACED BY: 4-14 10. SUPPLIES: Providence shall take ownership all of the supplies maintained at the Hospital at the commencement of this Lease Agreement. Providence shall supply and maintain all expendable Hospital supplies as may be required in Providence's discretion for the proper operation of the Hospital. Upon termination of this Agreement, Providence will transfer ownership of all of the supplies maintained at the Hospital to KIB. The value of the supplies provided by Providence at the termination of this Agreement shall be equal to the value of the supplies transferred to Providence at the commencement of this Agreement increased by three percent annually. The increase will be prorated based on the number of months for partial years. A partial month will be considered a full month for the calculation. If providence does not transfer sufficient supplies under the formula in the previous sentence, then Providence will pay the balance to KIB at the time of termination. Likewise, if the value of inventory is greater than the calculation KIB will pay the balance to Providence at time of termination. 494. 16. ACCREDITATION: Providence will use its best efforts (so long as it is in the best interests of Providence and KIB) to cause the Hospital to become and remain accredited by the Joint Commission on the Accreditation of Health Care Organizations. Providence shall send to the KIB upon any loss of accreditation a written notice that the Hospital is no longer accredited and the reasons for non - accreditation. 20.1 17. .. . e• hi • 1 „ 22.2 19.2 Providence shall also provide tail coverage for hospital professional liability for the KIB b1=18 and Lutheran Health Services (LHS) Management System for the period in which LHS operated the Hospital by purchasing coverage with the current carrier which provides coverage for all occurrences since 1987. 22.3 19.3 KIB shall, at its expense, maintain throughout the term of this Agreement insurance to cover all conditions, events and liabilities arising out of its actions and activities relating to the Hospital. 7 f f MEDICARE /MEDICAID PARTICIPATION: Both parties hereby represents and warrants that they are not and at no time have been excluded from participation in any federally funded health care program, including Medicare and Medicaid. Both parties hereby agree to immediately notify the other of any threatened, proposed, or actual exclusion from any federally funded health care program, including Medicare and Medicaid. In the event that either party is excluded from participation in any federally funded health care program during the term of this Agreement, or if at any time after the effective date of this Agreement it is determined that either party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. 244 18. DISPOSAL OF MEDICAL WASTE AND /OR GARBAGE: Providence shall at it expense, properly and timely dispose of all medical waste and/or garbage refuse according to any and all laws governing disposal of the same. 22.1 19.1 INSURANCE Providence shall, at its expense, maintain throughout the term of this Agreement the following insurance: A. Insurance against loss or damage by fire and such other risks as may be included in the current KIB hazard insurance policy with extended coverage in an amount not less than the replacement value of the Premises from time to time; B. Insurance against claims for personal injury and property damage occurring on the Premises under public liability and malpractice policies with limits of not less than $1,000,000 per person, $3,000.000 per occurrence and $500,000 for property damage arising out of any single occurrence. Such insurance policies may provide for partial self - insurance under the same terms as the policies for hospitals owned and operated by Providence. KIB shall be named as an additional insured party on each such policy of insurance, and certificates thereof shall be furnished to KIB. EXHIBIT A PROVIDENCE HEALTH SYSTEM PHILOSOPHY MISSION AND VALUES r• Letter from Archbishop of Anchorage _T Francis T. Hurley Orrin of toe Arcnbtbeop apchelocese of anchoRace 221 caption amtat • anthosacc as 901o1d00 90741117890 • fat 907rui3aae September 9, 1996 Mr. Duuytss Bruce Administrator Providence Alaska Medical Center 3200 Providence Orive P.C. Box 196604 Anchorage, AK 99519 -6604 Dear Mr. Bruce. The :nitietive of Providence Alaska Medical Center to enter into an pperating agreement with small Alaskan rural communities for the purpose of providing better health care for more people is one that I applaud. It without question i fully consistent with the commitment of the Catholit Church and the Sisters of Providence to meet the human as well as the spiritual needs of people. From my own observation of with the health care available In the smatter communities of Southcentral Alaska, I know how much the people strongly desire that more medical services be more readily available to them locally. Local communities can not meet the escalating costs of medical equipment and care. The people are often prevented from traveling to medical centers in Anchorage because of distance and weather. In addition to that, ft Is the desire of patients to be close to their ramifies, friends and ministers it the time of illness. The operating agreement being developed by the City of Kodiak and by Providence Alaska Medical Center will alleviate these dttticulttes. The plan is. if you will allow a play on words, providential. Forging operating agreements presents some difficulties in communities where there are many varied and at times conflicting attitudes and convictions about what medical practices are morally permissible. The guidelines utilized for Catholic health care systems are Contained In the Ethical and Reli ious Directives for Health Services of the Catholic Bishops of the United States TFie s tity orItoaiak has standards for Kodiak Hospitst. you have Indicated that the City of Kodiak deems it necessary that their long standing practice of elective sterilization be continued. As you know this practice is not within the Directives. You ask if it would be within the parameters of the Catholic teaching for Providence Medical Center to tolerate the continuance of that practice within the City of Kodiak as part of the agreement. 18 September 9, 1996 Page i 1 take note of an important factor. hospital. The operating (ease does accepted terms of the lease Identify allow both Providence and the City commitments. Kodiak Hospital remains a community not change that. The mutually the principles and practices that will of Kodiak to be faithful to their in this context I make an observation about moral decisions. Moral decisions are generally not made by the application of only one principle. Rather, several principles must be recognized and brought into harmony. In this instance the principle of cooperation may be brought into play with our principles relative to life and respect for the human body. Within the principle of cooperation 'and under certain conditions and circumstances it is permissible that one may cooperate materially, in an action of another that is contrary to one's convictions. in my j4d'ment the principle of material cooperation does apply in the situation that prevails in Kodiak. Kodiak Hospital remains a community hospital. The operating agreement with Providence Alaska Medical Center goes not transform It Into a Catholic Hospital. Rather Kodiak Hospital remains a ern.munity hospital of the City of Kodiak. The mutually accepted terns of agreement define the practices that will be permitted. The material cooperation fine sterilisation in no way Implies approval of the procedure by Providence. I hope that the arrangement with the City of Kodiak comes to completion. 1 know the community well. 1 was personally involved in working out an agreement with the adininistrators of the City for the establishment of Brviher Francis Shelter - Kodiak. Cod bless 19 Sincerely In Christ. re-44 *Francis T. Hurley Archbishop of Anchorage EXHIBIT B ENCUMBRANCES AND SECURITY INTERESTS There are no encumbrances and security interests. 20 EXHIBIT C American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets Revised 2004 Edition (See Attached) The book that would be attached here is available in the Manager's Office for review and will be included in the original contract 21 Assumptions: Useful Life of Equipment 5 EXHIBIT D $150,000 $150,000 $150,000 $150,000 $150,000 $750,000 $30,000 $30,000 $30,000 $30,000 $60,000 $30,000 $30,000 $30,000 $90,000 $30,000 $30,000 $30,000 $30,000 $120,000 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 $0 $30,000 $60,000 $90,000 $120,000 $300,000 22 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 12.A Contract No. 97 -07 -B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. The attached lease is an amendment and restatement of the original Contract 1997 -66 with Providence Health System in Alaska to lease and operate Kodiak Island Hospital. The term of the lease is from April 21, 1997 to April 20, 2007 with an option to extend for ten years. In 1997 Providence leased the Hospital with a $2,000,000 down payment and then lease payments of $720,000 per year for the next ten years. If Providence did not lease the Hospital for the full ten years then the proportional amount of the $2,000,000 down payment would be returned to Providence Health System in Alaska. The reason for the proposed amendments is to clear up ambiguities in the original lease that have been realized from several years of operating the hospital; clean up and eliminate unnecessary provisions that are no longer pertinent, can be integrated with the amendments and recognize new confidentiality requirements; maximize cost reimbursement from Medicare /Medicaid through depreciation of equipment; and recognize the relationship with Kodiak Community Health Center ( "KCHC ") and its operations within the hospital campus. The amended lease recognizes the operation of KCHC. Currently KCHC leases its space from Providence. The amended Providence lease proposes that Kodiak Island Borough ( "KIB ") will negotiate a lease directly with KCHC and the lease payments with Providence will be adjusted accordingly to take into account the lease with KCHC. Currently, KIB purchases $150,000 of equipment for the hospital every year. Since KIB purchases the equipment, the equipment is on the Borough's books. The amended lease will provide that KIB give Providence $150,000 each year for Providence to purchase equipment. The equipment will then be on Providence's books and Providence will be able to recapture the depreciation in their Medicare /Medicaid rates. In a recent presentation at a KIB Work Session, Hospital officials estimated an increase value to the community over 10 years of approximately $600,000 generated from Medicare and Medicaid reimbursement. The amended lease deletes the profit sharing language. The amended lease allows Providence to retain any profits for use by the hospital for equipment and operations. Providence will spend 50% of each year's profits, up to $200,000 for equipment and retain the profits for the benefit of the Kodiak Island Hospital. Under the current profit sharing provision, Hospital officials indicate the need to have operating income at twice the net operating margin in order to maintain sufficient working capital to operate and to fund cash Current Contract Proposed Contract KIB purchased $150,000 in equipment each year and kept title. KIB will give Providence $150,000 to purchase new equipment each year. KIB retained half of net income (including depreciation on capital assets) less capital expenditures. If an asset is purchased and then depreciated it is a capital expenditure. Providence will keep all income. Providence will spend 50 %, up to $200,000, of the previous year's income on equipment to be used at the Kodiak Hospital. Providence had to leave a like amount of operating supplies when they left the Hospital. ($277,000) KIB will give all operating supplies to Providence. Lease payments of $720,000 per year. Providence provided an initial down payment of $2,000,000 for construction of new facility. Lease payments of $720,000 per year. reserves to replace equipment and expand services to the community. In addition, Hospital officials indicate that dividing the profits with the KIB actually is increasing costs to the community, as prices have to be significantly increased to operate at an acceptable margin. The following table summarizes the financial amendments to the contract: FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: The motion before the Assembly is to approve Contract No. 97 -07B with Providence Health System - Washington d /b /a Providence Health System in Alaska. AMENDED AND RESTATED LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, a municipal corporation of the State of Alaska (hereinafter referred to as "KIB ") and _ . • .,. . -, - L . • .,, ... SYSTEM IN ALASKA Providence Health System - Washington d/b /a Providence Health System in Alaska, a Washington non -profit corporation (hereinafter referred to as "Providence "). WITNESSETH: WHEREAS, KIB is the owner of certain real property consisting of a Health Care Facility together with improvements located thereon, and certain Equipment located in and about the Premises known as Kodiak Island Hospital and Care Center, (hereinafter referred to as the "Hospital "); WHEREAS, the Bereugh KIB, in the interests of sound fiscal management and to ensure the continued operation of the Hospital in a professional and efficient manner, has requested Providence to lease and operate the Hospital; WHEREAS, Providence owns and operates a number of health care facilities, that are operated in keeping with its philosophy, mission and values; and WHEREAS, Providence desires to lease the Premises and the Equipment from KIB, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and each of the parties intending to be legally bound hereby, it is mutually agreed as follows: 1.4 AGREEMENT TO LEASE: KIB agrees to lease to Providence and Providence agrees to take from KIB, the Premises and Equipment described herein, for the term and upon the terms and conditions set forth in this Agreement. 2.4 PREMISES: The real estate which is the subject matter of this Agreement is described as follows: Ineluding all `Premises "). Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. buildings appurtenances, and improvements thereto, (herein referred to as hespital—faeility, Notwithstanding anything to the contrary, Providence recognizes and acknowledges that KIB has may leased space to ( "KC " other entiities contingent upon available space and advance approval from • Providence . 3.1 EQUIPMENT: The Equipment which is the subject matter of this Agreement is all of the Equipment presently located in or on the Premises, in an "as is" condition,-and-all-Equipment to be acquired during the torm of the Agreement. The 1991 Champion Coach 18 pass gor bus at the inception of this Lease Agreement and all Equipment subsequently acquired directly by the KIB. 3.2 NEW AND REPLACEMENT EQUIPMENT: The KIB agrees to provide budget a minimum of $150,000 per each year effective for the KIB fiscal year beginning July 1, 2005, for purchase or lease purchase of new and replacement Equipment for use in the Hospital for the depreciable life of the equipment unless otherwise approved by KIB. This contribution will be paid to Providence on or before January 31 of each calendar year of the Agreement. Providence will place these funds in a Funded Depreciation account for the sole purpose of purchasing or lease purchasing new and replacement equipment for the Hospital. New and replacement equipment will remain on the balance sheet of Providence for the duration of the Lease Agreement. Providence at the termination or expiration of this Agreement, including Agreement extensions, will transfer assets in an amount equal to the estimated book value of equipment Exhibit D purchased with KIB contributions based upon an average useful life of 5 years. KIB di„cussed. The funds for purchase may be provided by the Fern Fuller Estate and Charitable 3.3 ADDITIONAL EQUIPMENT: Providence may purchase additional equipment to be used in the maintenance or improvement of the Hospital's operations. Such additional equipment shall be Providence's property, and shall be tagged as such. Upon termination or expiration of this Agreement, KIB may purchase any items of equipment used in the Hospital and paid for by Providence. The purchase price shall be the - market Providence's book value of the acquired equipment • • prineiples. Minor equipment previously expensed by Providence and equipment and furnishings purchased by Providence with no book value shall be contributed to the MB at the termination or expiration of this Agreement. Any equipment or personal property which belongs to Providence and is not purchased by K1B may be removed by Providence after the termination or expiration of this Agreement. 4.1 TERM OF AGREEMENT: The Premises and Equipment shall be leased to Providence by KIB for a term of ten (10) years, commencing on April 21, 1997, through and including April 20, 2007, unless sooner terminated as hereinafter provided. 4.2 ADDITIONAL TERM: Provided that Providence is not in default under this Lease Agreement, Providence shall have the option to extend this Lease Agreement for one additional term of ten (10) years by providing KIB with 180 days prior written notice. The extended term shall be on the same terms and conditions of this Lease Agreement, or as such terms and conditions are modified upon mutual written agreement of both parties, with monthly lease payments to be established by negotiation. 2 Here is reciprocal language: 1. Medicare /Medicaid Participation. Both parties hereby represents and warrants that they are not and at no time has been excluded from participation in any federally funded health care program, including Medicare and Medicaid. Both parties hereby agree to immediately notify the other of any threatened, proposed, or actual exclusion from any federally funded health care program, including Medicare and Medicaid. In the event that either party is excluded from participation in any federally funded health care program during the term of this Agreement, or if at any time after the effective date of this Agreement it is determined that either party is in breach of this Section, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. 4.3 SURRENDER OF PREMISES: At the expiration of the term of this agreement or upon the termination of this agreement as provided for herein, Providence shall surrender possession of the Premises and Equipment to MB as set forth under the terms of this Agreement. 5.1 FIRST RIGHT TO PURCHASE: KIB hereby gives and grants to Providence the first right to purchase all of KIB' S interest in the Hospital, Premises, and Equipment at any time from the date of this Agreement until the termination of this Agreement as provided for herein. Said right of first refusal shall include space leased from KIB by KC-11E other entities. KIB shall make any sale of said interest in the Hospital, Premises and Equipment between KIB and a third party conditioned upon and subject to Providence's first right to purchase as set out herein, including but not limited to space under Lease between KIB and C other entities. Providence shall have the right to accept the purchase price and the terms of the intended sale to the third party as the terms and conditions of the sale between MB and Providence. 5.2 NOTICE: Providence may exercise its first right to purchase by executing an agreement within ninety (90) days of notice of KIB'S intent to sell its interest in the Hospital, Premises and Equipment and-Equipment, on terms and conditions as agreed between the parties. If Providence does not exercise its first right to purchase as provided for herein or enter into a purchase with KIB within ninety (90) days of the notice by KIB to Providence of its first right to purchase, then and in that event Providence's first right to purchase shall lapse and KIB may sell the Hospital, Premises and Equipment or any part thereof to said third party or any other parties on substantially the same terms stated in the notice. If KIB does not sell and convey the Hospital, Premises and Equipment within 90 days after expiration of the 90 day notice period, any further transaction shall be deemed a new determination by KIB to sell and convey the Hospital, Premises and Equipment and the provisions of this Section 5.1 and 5.2 shall be applicable. 64 MONTHLY LEASE PAYMENT SCHEDULE. The fixed minimum monthly lease payment during the term of this Agreement shall be SIXTY THOUSAND DOLLARS ($60,000) payable by Tenant Providence in equal monthly installments, on or before the first day of each month in advance, at the office of KIB or at such other place designated by KIB, without any prior demand therefore, and without any deduction or setoff whatsoever. Notwithstanding anything to the contrary, this amount shall be reduced by the equivalent of the of the square foot cost of the hospital, not to include services, ($720,000 times percent of area used) of the premises KIB is leasing to KCMG other entities, regardless of the actual amount KIB charges KCIIG other entities the leased space. 7.1 1 1 1 • / 1 1 • S:d- HOSPITAL OPERATIONS: Providence shall be responsible for the total operations of the hospital. Providence shall operate the Hospital under the name Providence Kodiak Island Medical Center. Except as otherwise stated herein, Providence assumes all the rights, duties, 3 liabilities and obligations which shall arise out of its operation of the Hospital and other activities on the Premises during the term of this Agreement. Providence shall cause all expenses incurred in operation of the Hospital after the effective dated of this Agreement to be paid, including, but not limited to, utilities, insurance, salaries, supplies, fees, benefits and other costs normally incurred in the operation of the Hospital. Providence will spend an amount equal to or greater than 50% of the net operating income, up to a maximum of $200,000, per calendar year for equipment or capital assets to be used at Hospital. These funds will be kept in a Providence Funded Depreciation account restricted for use at the Hospital. Unused portions of these funds will be carried forward to subsequent years. Funds can also be used to pay debt obligations of Providence Kodiak Island Medical Center. At the termination or expiration of this Lease Agreement unused funds will revert to KIB. 8.2 "' and cash collections from patients, third party payers and other 84 7.2 SEPARATE ACCOUNTING: Providence shall maintain separate accounting records and financial statements for the operations of the Hospital and shall provide KIB with the Hospital's year -end financial statements. KIB recognizes that Providence may, at its discretion, change the fiscal year of the Hospital to be aligned with Providence Health System. 84 7.3 TRAINING: Providence may conduct medical educational training programs at the Hospital, including training of interns and residents and other medical /technical personnel, in a manner consistent with applicable governmental regulations. 84 7.4 ACCESS TO BUSINESS RECORDS: Providence shall have access to all prior financial, business, medical and other Kodiak Island Hospital books and records, including, but not limited to, admitting register books, pricing schedules of the Kodiak Island Hospital and room services, patients' insurance records, pertinent Kodiak Island Hospital personnel records and such other books and records as are necessary to the continued operation of the Hospital. Original copies of all such books and records shall be maintained and stored in the Hospital at all times. No such books and records may be destroyed without the consent of the KIB, and in no event will patient medical records be destroyed, except in accordance with federal and state laws, rules and regulations. KIB agrees to defend and hold Providence harmless against all claims, liability and expense resulting from acts or omissions of KIB in connection with such books and records and relating to the period prior to the effective date of this Agreement. KIB shall continue to be liable for the performance of all agreements related to such books and records not so assigned to Providence. 4 94- 8. UTILITIES: Providence shall arrange and pay for all utilities and other services to be furnished to the Premises, including gas. fuel, oil, electricity, sewer, water, telephone, and garbage collection. _ this- .agreement. exceed- $520,Oo0, -19:-19 TAXES: Providence shall be responsible for and shall pay before delinquency all governmental taxes, assessments charges or Liens assessed during the term of this agreement against any leasehold interest or property of any kind or income or sales of any kind related to the Premises. KIB acknowledges that Providence will be entitled to a property tax exemption for property used exclusively for non -profit hospital purposes pursuant to AS 29.45.030(a)(3), except to the extent that the leasehold Premises are used by non - exempt parties for their private business purposes as elaborated in Greater Anchorage Area Borough v. Sisters of Charity, 553 P.2d 467 (Alaska 1976). Providence may contest, by appropriate proceedings, any tax assessment, charge or lien, but such contest shall not subject any part of the Premises or Equipment to forfeiture or loss. Providence and KIB agree to negotiate in good faith regarding any KIB property taxes levied or assessed on the Premises and Equipment owned by KIB and leased to Providence, or any property owned by Providence during the term of this Agreement. 10. SUPPLIES: Providence shall take ownership all of the supplies maintained at the Hospital at the commencement of this Lease Agreement. Providence shall supply and maintain all expendable Hospital supplies as may be required in Providence's discretion for the proper operation of the Hospital. Providence shall, as part of its cost of operating the Hospital, supply and maintain all expendable hospital/medical supplies as may be required in Providence's discretion for the proper operation of Hospital. Upon termination of this Agreement, grevidenee has the option to purchase all of the supplies in inventory as well as floor stock items maintained at the Hos al 4-24- 11. USE: Providence shall use and operate the Premises for a general acute care hospital, extended care facility, home health care provider, retail pharmacy and for any additional health care related purposes as may be appropriate. Providence shall provide, equip and maintain adequate facilities for the continuation of full range general medical and surgery services . as economically feasible and warranted by the local physicians' levels of ability and the reasonable needs of the community, as determined in Providence's sole discretion and in accordance with the terms and conditions as set forth in this 5 Agreement. Contingent on Borough approval Providence may convert parts of the Premises into use for other related purposes consistent with KIB 's obligation to supply its inhabitants with facilities for the care of sick and injured persons. Providence shall operate and maintain a duly licensed Hospital under the Alaska Statutes and in accordance with the standards prescribed by the Alaska Department of Health and Social Services. 13.1 12. QUIET ENJOYMENT: KIB warrants that Providence, upon paying the rent and any other charges as provided for in this Agreement and upon performing all other obligations herein, shall quietly have, hold and enjoy the Premises without hindrance. 444 13. WARRANTY OF TITLE: KIB hereby warrants that it has good and marketable title to the Premises, subject only to the encumbrances and security interests stated in Exhibit B, attached hereto and incorporated herein. 1-5.4 14. PRIOR AGREEMENTS: KIB warrants that entering into this Agreement does not breach any commitments or responsibilities of KIB under prior agreements, including but not limited to financing agreements, and that KIB shall defend and hold pProvidence harmless from any claims, liabilities and expenses arising from or in any way related to any prior agreements of KIB except to the extent such agreements are assumed by Providence. 15. BUILDING REGULATIONS: As of April 21, 1997, KIB warrants that there are no existing violations of applicable building, fire and health code regulations of which it is aware. KIB is responsible for all costs of correcting any existing violations of applicable building, fire and health code regulations. Providence shall otherwise keep and maintain the Premises in good condition. 17.1 CLOSING ACTIVITIES: KIB shall, at its expense, conduct aa- audit- of-the . . _ f current ascots of the Hospital as identified in tho audit provided under scctions 17.1 of this 6 4-94 16. ACCREDITATION: Providence will use its best efforts (so long as it is in the best interests of Providence and KIB) to cause the Hospital to become and remain accredited by the Joint Commission on the Accreditation of Health Care Organizations. Providence shall send to the MB upon any loss of accreditation a written notice that the Hospital is no longer accredited and the reasons for non - accreditation. 20.1 17. QUALIFICATION FOR MEDICARE AND MEDICAID: Providence will use its best efforts (so long as it is in the mutual interests of KIB and Providence) to cause the Hospital to remain fully qualified as a provider of services under the `Medicare" program, the `Medicaid" program, or any program successor of either of the above or any other program by Federal, State or local governments providing for the payment or reimbursement for services rendered. 21.1 18. DISPOSAL OF MEDICAL WASTE AND /OR GARBAGE: Providence shall at it1s expense, properly and timely dispose of all medical waste and/or garbage refuse according to any and all laws governing disposal of the same. 22.1 19.1 INSURANCE Providence shall, at its expense, maintain throughout the term of this Agreement the following insurance: A. Insurance against loss or damage by fire and such other risks as may be included in the current KIB hazard insurance policy with extended coverage in an amount not less than the replacement value of the Premises from time to time; B. Insurance against claims for personal injury and property damage occurring on the Premises under public liability and malpractice policies with limits of not less than $1,000,000 per person, $3,000.000 per occurrence and $500,000 for property damage arising out of any single occurrence. Such insurance policies may provide for partial self - insurance under the same terms as the policies for hospitals owned and operated by Providence. KIB shall be named as an additional insured party on each such policy of insurance, and certificates thereof shall be furnished to KIB. 22.2 19.2 Providence shall also provide tail coverage for hospital professional liability for the KIB ISIS• and Lutheran Health Services (LHS) Management System for the period in which LHS operated the Hospital by purchasing coverage with the current carrier which provides coverage for all occurrences since 1987. 22.3 19.3 MB shall, at its expense, maintain throughout the term of this Agreement insurance to cover all conditions, events and liabilities arising out of its actions and activities relating to the Hospital. 234 20.1 MAINTENANCE AND REPAIRS: Providence shall cause the Hospital to be maintained and repaired in accordance with all state and local codes, and keep the Hospital in a condition at all times reasonably acceptable to KIB, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care and such other maintenance and repair work as may be necessary. KIB shall provide and pay for any major maintenance and repairs in ount f $ t 00n . Major maintenance and repairs are defined as repairs greater than $25,000. If a repair is greater than or equal to $25,000, the KIB shall be responsible for the full amount of the repair. Providence shall be responsible for all repairs less than $24,999. If 7 repairs go over the $25,000 limit because maintenance or repairs were not accomplished by Providence in a timely manner, KIB reserves the right to perform repairs or maintenance. KIB will be reimbursed for all costs of such repairs and maintenance by Providence. If-Providence, after written notification by KIB refuses or neglects to perform 20.2 DEPRECIABLE CAPITAL ASSETS: KIB shall provide and pay for depreciable capital assets, mutually agreed to by KIB and Providence, including the cost of building components, land improvements, fixed equipment and building services equipment with useful lives of 10 years or more as defined by the latest edition of the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets (Exhibit C). Providence shall provide and pay for depreciable capital assets with useful lives of 9 years or less as defined by the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets. The Section 3.2 $150,000 equipment contribution will not be used to purchase these assets. 21.1 21. CONDITION ON SURRENDER: Upon termination or expiration of this Agreement, Providence shall surrender the Premises to KIB in substantially the same condition as exists on the date hereof, except for reasonable wear and tear. 25.1 22. IMPROVEMENTS AND ALTERATIONS: Providence shall make no alterations in, or additions or improvements to, the permanent structure of the Premises without first obtaining the written consent of KIB. Any additions and improvements made to the permanent structure of the Premises shall remain upon and be surrendered with such Premises as a part thereof at the expiration of the term of this Agreement, by lapse of time or as otherwise provided herein. 26.1 23. CONTRIBUTIONS: In the event that contributions are made to Providence for the benefit of the Hospital and/or KIB, the Providence may accept such contributions, it being understood, however, that Providence shall comply with the wishes of the donor insofar as they are compatible with the operation of the Hospital and that all property purchased with such contributions shall be and remain a part of the Hospital and the- pfeperty- e€-KIB shall revert to MB at the expiration or termination of Lease Agreement. Should the terms or conditions of the contribution indicate that it is intended for Providence and not for the Hospital or KIB, Providence shall accept the contribution on its own behalf and utilize the funds in its sole discretion. For purposes of this paragraph the term `contribution' shall include a gift, bequest, grant or donation of money or property. It is expressly understood that the term "contribution' does not include any money derived by, or from, taxes or other governmental funds or entities. 8 27.1 24. MEDICAL STAFF: Any medical physician or osteopathic physician holding an unlimited license or any appropriately licensed dentist, who is recommended for approval by the Medical Staff and approved by the governing board of Providence shall be permitted privileges to practice in the Hospital. This section does not prohibit Providence from entering into an exclusive contract for the practice of an anesthesiologist or another specialist for the benefit of the community. staff following tho c mmoncomont of tho lease term, subject to Providence's general 29.1 25. ADMISSION TO HOSPITAL: All persons in need of hospitalization shall be admitted to the Hospital without regard to race, creed, color, national origin or financial circumstances. 30.1 26.1 INDEMNIFICATION: Providence hereby agrees to indemnify and hold KIB harmless from and against any and all claims and demands for injury or death to persons and damage to property occurring on the Premises during the term hereof, and will defend KIB from any claim of liability on account thereof. Providence shall have no obligation for, and MB shall indemnify and hold Providence harmless from and against, any and all liability with respect to any claims resulting from the negligence of KIB or its agents or employees, or any claims arising out of acts or omissions which occurred prior to the effective date of this Agreement. 30.2 26.2 HAZARDOUS SUBSTANCE INDEMNIFICATIION BY PROVIDENCE: Providence shall indemnify, defend, and hold KIB harmless from and against any and all claims, demands, damages, losses, liens, costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by KIB arising directly or indirectly from or out of or in any way connected with (4A) any activities within the Hospital or on the Premises during the term of this Agreement which directly or indirectly resulted in the Premises being contaminated with Hazardous Substances; (2B) the discovery of Hazardous Substances on the Premises whose presence was caused during the term of this Agreement; and (3Q) the clean-up of Hazardous Substances on the Premises whose presence was caused during the term of this Agreement. 9 30.3 26.3 HAZARDOUS SUBSTANCE INDEMNIFICATION BY KIB: KIB shall indemnify, defend, and hold Providence harmless from and against any and all claims, demands, damages, losses, liens, costs, and expenses (including attorney's fees and disbursements) which accrue to or are incurred by Providence arising directly or indirectly from or out of or in any way connected with (-1-& any activities within the Hospital or on the Premises prior to the term of this Agreement which directly or indirectly resulted in the Hospital and/or the Premises being contaminated with Hazardous Substances; (aB) the discovery of Hazardous Substances on the Premises whose presence was caused prior to the term of this Agreement; and (3Q) the clean-up of Hazardous Substances on the Premises whose presence was caused prior to the term of this Agreement. 344 27.1 ACCESS TO RECORDS: KIB and Providence further agree that Providence shall retain and make available upon request for a period of four (4) years after the furnishing of such services (operation of the Hospital) as described in this Agreement, the books, documents and records which are necessary to certify the nature and extent of the costs thereof when requested by the Secretary of Health and Human Services or the Comptroller General, or any of their duly authorized representatives. 31.2 If Providence carries out any duties of this Agreement through a subcontract with a related organization, valued at $10,000 or more over a 12 -month period, the Subcontract shall also provide that the Secretary of Health and Human Services or the Comptroller General may have access to the subcontract and the subcontractor's books, documents and records necessary to verify the costs of the subcontract for a period of four (4) years after the services have been furnished. 31.3 This provision relating to the above retention and production of documents is included because of possible application of Section 1861 (v)(1)(1) of the Social Security Act to this Agreement; if this Section should be found to be inapplicable, then this clause shall be deemed to be inoperative and without force and effect. 34-4 27.2 PERSONNEL RECORDS: Should this Agreement terminate for any reason, Providence agrees to provide to KIB all personnel records for those employees who are to be re- employed by KIB who consent to the release of such records to KIB. 31.5 27.3 OPERATIONAL RECORDS: Except as otherwise provided herein, Providence agrees to provide KIB with the books, documents and records, including medical records, in regard to the operation of the Hospital, in accordance with all federal, state and local laws, rules and regulations including, but not limited to, privacy laws. 27.4 CONFIDENTIAL INFORMATION: Providence shall comply with all laws, regulations, directives or requirements in any form related to operating and managing hospitals and long -term care facilities, including, but not limited to the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), and regulations adopted under HIPAA. The MB shall not have access to Protected Health Information as defined by HIPAA. KIB has read 45 C.F.R. 164.504(0, understands Providence's position is that 45 C.F.R. 164.504(e) applies to this Agreement, and that Providence therefore has the following obligations: Providence agrees to hold all individually identifiable patient health information ( "Protected Health Information ") that may be shared, transferred, transmitted, or otherwise obtained pursuant to this Agreement strictly confidential, and provide all reasonable protections 10 to prevent the unauthorized use or disclosure of such information, including, but not limited to the protection afforded by applicable federal, state and local laws and/or regulations regarding the security and the confidentiality of patient health care information. Providence further agrees to make every reasonable effort to comply with any regulations, standards, or rules promulgated pursuant to the authority of the HIPAA, including those provisions listed below, as soon as possible, but in no event later than April 14, 2003. Providence may use and disclose Protected Health Information when necessary for Providence's proper management and administration (if such use or disclosure is necessary), or to carry out Providence's specific legal responsibilities pursuant to this Agreement. Specifically, Providence agrees as follows: (1) to maintain safeguards as necessary to ensure that the Protected Health Information is not used or disclosed except as provided herein; (2) to mitigate, if possible, any harmful effect known to Providence of a use or disclosure of Protected Health Information by Providence; (3) to ensure that any subcontractors or agents to whom it provides Protected Health Information will agree to the same restrictions and conditions that apply with respect to such information; (4) to make available respective internal practices, books and records relating to the use and disclosure of Protected Health Information to the Department of Health and Human Services or its agents; (5) to incorporate any amendments or corrections to Protected Health Information when notified that the information is inaccurate or incomplete; (6) to return or destroy all Protected Health Information that Providence still maintains in any form and not to retain any such Protected Health Information in any form upon termination or expiration of this Agreement, if feasible or if not feasible, Providence agrees to limit any uses of Protected Health Information after this Agreement's termination or expiration to those specific uses or disclosures that make it necessary for Providence to retain the information; (7) to ensure applicable policies are in place for providing access to Protected Health Information to the subject of that information; (8) if requested by the KIB, report to KIB any use or disclosure of Protected Health Information which is not provided for in the Agreement and (9) to make Protected Health Information and an accounting of disclosures available to the individual who is the subject of the information or to KIB, to the extent required by HIPAA. Breach of this section shall be considered material. 3I -.-6 27.5 STORAGE SPACE: Providence shall provide at no cost to KIB sufficient storage space for KIB to store its existing books and records relating to the Hospital. 32.1 28.1 MB TO APPDOVL ��n HOSPITAL ADMINISTRATOR: greviElense- agiees-te . ' . v .,, a n _. All e � i r • . rr � - . .. �.e administrators for Hospital shall be selected and hired with KIB consultation. Providence shall conduct annual evaluations regarding the Administrator in consultation with KIB. The Administrator shall attend meetings of the Kodiak Island Service Area Community Board and KIB, representing Providence and reporting on the condition and affairs of the Hospital. Providence agrees to provide reasonable support and assistance to the Administrator to enable the Administrator to administer the business and affairs of the Hospital in an efficient and business -like manner consistent with the needs of the community. 32.2 28.2 TERMINATION OF ADMINISTRATOR: Notwithstanding any other terms and conditions of this Agreement to the contrary, in the event this Agreement is terminated prior to the expiration of its full term, then Providence shall provide an Administrator for the Hospital on a contract basis for ninety days following the termination if requested by KIB. 11 Providence 33.1 29. KODIAK ISLAND HEALTH CARE FOUNDATION OFFICE SPACE: will work cooperatively with Kodiak Island Health Care Foundation to provide financial assistance at mutually agreed upon levels, subject to Providence's annual budgetary limitations, for the committed development of community healthcare. 344 30. GOVERNANCE: The overall management and control of the Hospital will rest with the Providence Alaska Regional Board. It is anticipated that two KIB residents will be eligible to participate as voting members on this Board. One member shall be the Chief of Staff and one member shall be the Board Chair of the Kodiak Island Service Area Community Board. 34.2 31. KODIAK ISLAND SERVICE AREA COMMUNITY BOARD: An Advisory Board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence to provide input to the hospital staff, the medical staff, and Providence Alaska Regional Board about the concerns of the community regarding the operation of the Hospital and to undertake the responsibilities set out at 7 AAC 13.030(b) and (c). One KIB Assembly member shall be appointed by Providence as a full voting member of the Kodiak Island Service Area Community Board, and Providence shall give KIB the opportunity for review and comment before appointments to the Board are made. Providence shall keep the Kodiak Island Service Area Community Board updated with respect to matters of Hospital policy and the relationship of the Hospital to the community and surrounding areas which it serves. 35.1 32. RIGHT TO ENTER PREMISES: Upon reasonable notice, Providence shall permit KIB, its agents and employees to have access to and to enter the Premises at all reasonable and necessary times to inspect the Premises. 36.1 33. DEFAULT REMEDIES: `Event of Default' means any one or more of the following events, whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body: A. Failure to pay rent required by Section 64 or 7.1 when such rent becomes due and payable, and continuance of such failure to pay for a period of ten (10) days; or B. Default in the performance, or breach of any other covenant or warranty by Providence under this Agreement, with the exception of any obligations imposed under Exhibit B, and continuance of such default or breach for a period of thirty (30) days after there has been given, by registered or certified mail, to Providence by KIB a written notice specifying such default or breach and requiring it to be remedied stating that such notice is a notice of default hereunder; or C. The entry of a decree or order by a court having jurisdiction in the premises adjudging Providence as bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of Providence under the Federal Bankruptcy Act or any other applicable Federal or State law, or appointing a receiver, liquidator, assignee, trustee (or other similar official) of Providence or of any substantial part e€ to its property, or ordering the winding up or liquidation of its affairs; or 12 D. The institution by Providence of proceedings to be adjudicated as bankrupt or insolvent, or the consent by it to the institution of bankruptcy or insolvency proceedings against it, or the filing by it of a petition or answer or consent seeking reorganization or relief under the Federal or State law, or the consent by it to the filing of any such assignee, trustee (or other similar official) of Providence or of any substantial part of its property, or the making by it of an assignment for the benefit of creditors, or the admission by it in writing of its inability to pay its debts generally as they become due, or the taking of corporate action by Providence in furtherance of any such action. 36.2 34. CONTINUING DEFAULT: If an Event of Default by Providence occurs and is continuing, KIB may: A. At its option, declare all installments of rent payable to be immediately due and payable by Providence; B. Re -enter and take possession of the Hospital without termination of this Agreement, and use its best efforts to sublease the Hospital for the account of Providence, holding Providence liable for the difference between the rent and other amounts payable by the sublessee and the rents and other amounts payable by Providence hereunder; C. Terminate this agreement, excluding Providence from possession of the Hospital and use its best efforts to lease the Hospital, or to another for the account of Providence, holding Providence liable for the difference between the rentals received and the rentals which would have been receivable hereunder; D. Terminate this Agreement, exclude Providence from possession of the Hospital and either operate the Hospital or contract with a responsible operator to operate the Hospital; E. With respect to any personal property, exercise any remedies available to a secured party under the Uniform Commercial Code; and/or F. Take whatever action at law or in equity may appear necessary or appropriate to collect the rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Providence under this Agreement. 37.1 35. TERMINATION: At any time either MB or Providence may terminate this Agreement by one year's written notice to the other party. This Agreement shall terminate one year from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to the termination. However, if Providence is required to perform any duty or provide any service under the terms of this agreement that is in conflict with the philosophy, mission and values of Sisters of Providence Health System, pursuant to Exhibit BA, Providence may terminate this Agreement upon 90 days prior written notice to KIB. Upon such termination, Providence shall surrender possession of the Hospital to KIB. On the effective date of such termination KIB shall have the option to purchase any such accounts receivable, inventory, or supplies or- equipment at a fair value agreed to by both parties. MB shall have option to purchase equipment pursuant to Section 3.3 of this Agreement. Providence agrees to co- operate in such a way as to allow KIB to show the Hospital to a prospective tenant or accommodate the active transition needs of KIB for the actual termination. KIB agrees to cooperate in such a way as to accommodate Providence transition needs and the removal of Providence's assets. 13 38.1 36. TRANSFERS OF LICENSES AND PERMITS: The parties will cooperate and jointly prepare and file all applications for transfer of licenses and permits incident to operation of the Hospital, including but not limited to transfer of permits for and inventories of alcohol, narcotics and dangerous drugs. 39.1 37. NOTICES: All notices, demands, or other writings in this Agreement provided to be given, made or sent, or which may be given, made or sent, by either party hereto to the other, shall be deemed to have been given, made or sent when made in writing and deposited in the United States Mail, Registered or Certified Mail, postage prepaid, and addressed as follows: KIB: Providence: I,4xyerManager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Regional Vice President and Chief Executive Providence Health System in Alaska 3200 Providence Drive P.O. Box 196604 Anchorage, Alaska 99519 -96604 39.2 38. The address to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. 40.1 39. ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and may sublease the Hospital, in whole or in part, only with the prior consent of the KIB, but subject to each of the following conditions: A. At the time of the making of any such assignment or sublease, there shall be no Eevent of Default under this Agreement; B. Any assignee will continue to operate the Hospital as a hospital, in accordance with this Agreement; C. Any assignee of this Agreement shall expressly assume and agree to perform and comply with all the covenants and provisions of this Agreement on the part of Providence and shall be jointly and severally liable with Providence for any default in respect to any such covenant or provision; D. No assignment or sublease shall relieve Providence from primary liability for all rents and other payments due and for the performance of all other obligations required under this Agreement, E. In the case of an assignment of the Agreement or a sublease of all or substantially all of the Hospital, the assignee or sublessee shall agree to pay all rent payable by it directly to KIB, less a pro -rata share of reasonable maintenance, repair, or administrative handling costs; 14 F. KIB shall be provided promptly a duplicate original of the instrument or instruments containing such assignment or sublease. Providence may not mortgage or grant a security interest in this Agreement or leasehold interest. Approval of all subleases assigned by Providence shall be concurrent with the terms of this Agreement. Nothing herein will prevent Providence from leasing space to physicians or other health care providers. No assignment for the benefit of creditors or by operation of law shall be effective to transfer any rights to the Assignee. 444 40. DAMAGE OR DESTRUCTION: When all or any part of the Hospital is destroyed or damaged, the KIB may: A. Proceed promptly to replace, repair, rebuild and restore the Hospital to substantially the same condition as existed before the taking or event causing the damage or destruction. B. All buildings, improvements and equipment acquired in the repair, rebuilding, replacement or restoration of the Hospital, together with any interests in land conveyed to the KIB as necessary for such restoration, shall become a part of the Hospital and available for use and occupancy by Providence without the payment of any rents other than those provided in Section 6 and 7.1. C. Rent shall be abated in the event of any destruction of damage to, or taking all or any part of the Hospital in proportion to the square footage which is unusable by Providence. D. If fifty percent (50 %) or more of the Premises are rendered untenantable by the aforementioned causes, KIB shall have the right to be exercised by notice in writing, from and after said occurrence, to elect not to reconstruct the Premises, and in such event this Agreement and the tenancy hereby created shall cease as of the date of such occurrence, the rent to be adjusted as of such date. 12.1 41. CONDEMNATION: If the Premises, or such part thereof as in the reasonable opinion of Providence renders the remainder unusable for its purpose shall be acquired by eminent domain, then this Agreement shall cease and terminate as of the date that possession is taken in such proceeding. Such termination, however, shall not be deemed to deprive Providence of any of its rights to receive compensation by reason of such taking. 434 42. WAIVER OF SUBROGATION: KIB and Providence, both on their own behalf and on behalf of all others claiming through or under either of them, hereby mutually waive and release all claims, liabilities and causes of action against the other and the agents, servants, employees and invitees of each other, for all loss, damage to or destruction of the Premises or any portion thereof, as well as the fixtures, equipment, supplies and other property of either party located in, upon or about the Premises resulting from fire or other perils covered by standard fire and extended coverage insurance, whether caused by the negligence of any of said persons or entities or otherwise, except to the extent such waiver would violate or otherwise abrogate the terms of such insurance coverage. 444 43. MISCELLANEOUS: All covenants and agreements in this Agreement by KIB or Providence shall bind their successors and assigns, whether so expressed or not. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and 15 enforceability of the remaining provisions shall not in any way be affected or impaired thereby. None of the terms, conditions, covenants or provisions of this Agreement can be waived by either party except by appropriate written instrument. The waiver by either party or any breach of any term, condition, covenant or provision herein contained shall not be deemed a waiver of the same of any term, condition, covenant, or provision herein contained or of any subsequent breach of the same or any other term, condition, covenant or provision herein. This Agreement shall be construed in accordance with the laws of the State of Alaska. Nothing in this Agreement, express or implied, shall give to any person, other than the parties hereto, and their successors and assigns, any benefit or other legal or equitable right, remedy or claim under this Agreement. The parties agree the effective date of this Amendment is January 1 2005. IN WITNESS WHEREOF the parties have respectively executed this Agreement the day and year written below. SISTERS OF ROVIDENCE HEALTH SYSTEM - WASHINGTON d/b /a Providence Health System in Alaska By: Its: Date KODIAK ISLAND BOROUGH By: Its: Date: ATTEST: STATE OF ALASKA THIRD JUDICIAL DISTRICT written. THIS IS TO CERTIFY that on the day of , before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Selby Rick Gifford, to me known to be the Mayer Manager of the KODIAK ISLAND BOROUGH, and known to me to be the person who executed the above and foregoing instrument on behalf of the municipality, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by the Borough Assembly. WITNESS my hand and notarial seal the day and year first above in this Certificate Notary Public in and for Alaska My commission Expires: 16 ss.: STATE OF ALASKA THIRD JUDICIAL DISTRICT written. Notary Public in and for Alaska My commission Expires: 17 ss.: THIS IS TO CERTIFY that on the day of , before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Al Parrish, to me known to be the Regional Vice President and Chief Executive, Sister;, Providence Health System Alaska, and known to me to be the person who executed the above and foregoing instrument on behalf of Providence Health System - Washington, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by Providence Health System — Washington Board of Directors. WITNESS my hand and notarial seal the day and year first above in this Certificate EXHIBIT D Estimated Book Value of KIB Contributions $150.000 $150,000 $150,000 $150,000 $150.000 $750,000 $30,000 _ _ _ $30,000 $30.000 $30.000 _ $60.000 $30.000 $30,000 $30,000 $90,000 $30,000 $30,000 $30.000 $30,000 $120.000 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 $30,000 $60,000 $90.000 $120.000 21 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.A.1. Contract No. FY2006 -19 Purchase of P -25 Radio Equipment. The purpose of this request is to enter into a contract (C 2006 -19) with Aksala Electronics, Inc. for the purchase of P25 radio equipment. This equipment is being paid for using FY'04 Homeland Security Grant funds. The grant allotted $40,000 for the purchase of specific types and models of P25 radio equipment. Due to the cost of this singular purchase being over $25,000, a formal bid process was completed according to Kodiak Island Borough procedures. The contract has been reviewed by the Kodiak Island Borough finance department. An inventory of the equipment is provided for your consideration. FISCAL NOTES: ACCOUNT NO.: 480 -518 ® N/A Expenditure Amount Required: $39,377 Budgeted: $40,000 APPROVAL FOR AGENDA: Recommend =d motion: Move to approve Contract No. FY2006 -19 with Aksala Electronics, Inc. for the purchase of P25 radio equipment in the amount of #39,377. RFP Details 8/26/2005 Ouantity Item Description Unit Price 23 Icom F70DS, 5 watt full P25 portable, 256 $1272.00 channels with 32 zones. Supports wide and narrow band channels. Wide frequency range, 136 -174 MHz, with no gaps. Alphanumeric radio. Meets IPX7 standards for waterproof (1 meter for 30 minutes). Scan features normal scan, single priority or dual priority features: MilSpec 810 C, D, and E. All radios come with BP -235 battery, antenna, brit clip and desk top rapid charger. 23 Icom BP -235 7.4V/1600 mAh Li -ion battery $71.00 20 Icom HM -138 waterproof speaker mic. $74.00 Meets the same IPX7 standards as listed above. 3 Icom HS -95 headset with boom mic and $200.00 push to talk unit (VS -1C) 3 Icom F1721D 50 watt full P25 portable, 256 $1538.00 channels with 32 zones. Supports wide and narrow band channels. Wide frequency range, 136 -174 MHz, with no gaps. Alphanumeric radio. Scan features normal scan, single priority or dual priority features. MilSpec 810 C, D, and E. All radios come with the HM -148 had mic, mounting bracket and DC power cable. 2 Six portable bank charger $507.00 2 Icom RMK -2, remote mounting kits for the mobile radios. Needed for Womens Bay Engine and Squad -14 $120.00 Sub -Total Installation: Bayside Fire Chiefs truck and Squad -14 Installation: Womens Bay VFD Engine UPS -Blue shipping Total Icom radio products are warrantied for 2 years from date of purchase. Warranty is for defects in workmanship and materials. Extended Price $29256.00 $ 1633.00 $ 1480.00 $ 600.00 $ 4614.00 $ 1014.00 $ 240.00 $38837.00 $ 120.00 $ 120.00 $ 300.00 $39377.00 Accessories, one year. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.A.2 Contract No. FY2006 -20 Sole Source Contract for the Preparation of a Pre - Disaster Mitigation Plan. The Borough has under contract, a firm to review the ability of our school facilities to withstand seismic ground motion. This work has shown that a number of our educational buildings are in need of reinforcement work. One of the tasks outlined in the existing contract is to prepare an application to the Federal Emergency Management Agency (FEMA) for a Pre - Disaster Mitigation Seismic Project Grant. These applications are being completed by Mr. Ken Goettel of Goettel and Associates, Inc. This funding, if approved, will provide up to 75% of the cost to repair and reinforce our structures. But to be eligible for the award of this money, a FEMA approved "Pre- Disaster Mitigation Plan" must already be approved and in place. At this time the Borough does not have a pre - disaster mitigation hazard plan in place. If approved by the assembly, the award of a sole source contract for the completion of a Pre - Disaster Mitigation Plan will go to Goettel & Associates Inc. Based on KIBC 3.16.070(a) and (b) a sole source contract is allowable if the need is unique or jeopardizes the public's health and safety. Staff thinks that Mr. Goettel is uniquely qualified to perform this planning effort because he is familiar with our other efforts to acquire funding from FEMA for seismic construction projects. To qualify for the Pre - Disaster Mitigation Seismic Project Grants there is an urgent need to start the planning process immediately. Soliciting for a consultant will delay the planning effort 6 -8 weeks we think that will jeopardize our ability to acquire the seismic funding. That deadline is April 2006. Mr. Goettel will span both FEMA efforts and not have to familiarize himself with the projects. He has completed a number of plans for other counties around the country. Seventy -Five percent of the funding to pay for this Pre- Disaster Mitigation planning effort is covered by yet another successful grant application to FEMA by the Community Development Department. This grant award is in the amount of $41,723 and with the KIB match brings the total funding for the project to $55,631. The expenditure of $34,000 of the project amount will go to complete the plan by Mr. Goettel. The remainder will be used for travel to the villages by KIB Staff and a consultant as well as pay for any other KIB planning staff time or in -kind contributions made toward the project. The Borough Engineering and Facilities Department and the Community Development Department recommends awarding a sole source to Ken Goettel & Associates in an amount not to exceed $34,000. FISCAL NOTES: ACCOUNT NO.: 430 - 454 - 452 -160 ® N/A Expenditure Amount Required: $34,000 Budgeted: $34,000 APPROVAL FOR AGENDA: Recommended motion: Move to approve Contract No. FY2006 -20 with Goettel & Associates, Inc. of San Francisco, CA in the amount of $34,000. Budget As per the grant application, the total budget of $55,631 was allocated as follows: Professional Time Consultant KIB staff $24,650 $9,975 Travel and per diem costs Consultant $8,952 KB staff $6,754 Other direct costs $5,300 Total $55,631 For the consultant, the total allocation of budget for professional time, travel and per diem is $33,602. If less travel is required than originally suggested in the proposal, then perhaps budget categories can be reallocated to reflect more professional time (less travel) and perhaps the total allocation for the consultant could be adjusted modestly upwards. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.A.3. Contract No. 95 -47D Amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union. The current contract with IBEW for union employees expires on December 31, 2005. We have negotiated with IBEW to extend the contract for one year to December 31, 2006. The proposed amendment includes a 2.5% cost of living allowance (COLA) effective January 1, 2006. All the other provisions of the contract shall continue without change including the cost sharing of any health insurance premium increases. Currently the Borough pays 75% of any premium increase and the employee pays the remaining 25% of any increase. The annual budget impact for a 2.5% COLA is $62,760 for all employees (union and non - union). The impact to the FY2006 budget will be half of that amount since the increase will be effective January 1, 2006. In the past when COLA's changed the Borough's Salary Schedule (Appendix "A "), the COLA was also passed onto the non- union employees. It is my recommendation that the Borough adjust the Salary Schedule to reflect the 2.5% COLA for all employees, effective January 1, 2006. FISCAL NOTES: ACCOUNT NO.: Various funds and departments N/A Expenditure Amount Required: $31,380 Budgeted: Recommended motion: Move to approve Contract No. 95 -47D. AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT BETWEEN KODIAK ISLAND BOROUGH AND INTERNATIONAL BROTHERHOOD OF ELECTRIC WORKERS LOCAL UNION 1547 Pursuant to Section 20.2 of the Collective Bargaining Agreement between Kodiak Island Borough and International Brotherhood of Electric Workers Local Union 1547 - - December 1, 2002 through December 31, 2005 (the "Agreement"), the parties agree to the following: (1) Section 7.1 of the Agreement is amended by adding a new paragraph to read: Effective January 1, 2006, Kodiak Island Borough shall adjust the salary schedule in Appendix A by an increase of two and one -half percent (2.5 %) at salary step 7A with all other steps remaining at two and one - half percent (2.5 %) increments. The specific wage rates that are the product of these adjustments are identified in "Appendix A (1- 1 -06)" attached hereto and made a part hereof. (2) The Agreement shall be extended for a period of one year from January 1, 2006 through December 31, 2006. (3) All other provisions of the Agreement shall continue without change except as provided in this Amendment. taken. (4) All steps necessary to ratify and approve this Amendment have been INTERNATIONAL BROTIItRMUUU Ur cm-11%14r nvancna LOCAL 1547 AGREED to this /D of We bcr , 2005. By: G% Cleo Durr, Business Representative KODIAK ISLAND BOROUGH AGREED to this day of , 2005. By: Rick L. Gifford, Borough Manager Attest: Judith A. Nielsen, Borough Clerk Appendix A Salary Schedule Effective 1/1/2006 °m ^ O 4 `r- O N M� � N 1 8 W r N m 3- M LO N rn N r '- N O O 2 O ayyy f0 n0 O V O'- NO 10 0 1. 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N `gy CI m 10 i d a ' � m § {te n y- 49 cog os in co co ° WN 2 m g 0r W 0g NA N8 ro n m n $ 8 r ma O N m OD N W W c C CO m 0 r W co W n CO_ v gc C A- N 00 (gm o n n n� n c W n: m 100 c°0 W N m (O t0 rr (WO ( ( n V n u)' n M n N N t c�}0 cy cN0 c� l0 (cV� (c.�� cp N Ic OO) § m N a0 O N N aD N O c0 (O a ka r (0 Oni, n N N p °� s� 1� (� < NN NN ° N W N (0 M ° 0! cWO CO tO C Nn c�0 °] n V 1�m n CO <= <r Q t Q r <t Q 2 pp S Q r Q r Q r Q S Q p N O ° O N O c0 O Le? ° N S �y m m • N 0 N n n n) N N N N N N N 01 01 N N 01 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 4, 2005 WHEREAS, the Kodiak Island Borough held a Regular Election on October 4, 2005, at which time candidates for the following office to be filled were voted on: Borough Assembly - Three (3) three -year terms Borough Assembly - One (1) one -year term School Board - Two (2) three -year terms School Board - One (1) one -year term Fire Protection Area No. 1 Board - Two (2) three -year terms Service Area No. 1 Board - Three (3) three -year terms Bay View Road Service Area Board - One (1) three -year term Monashka Bay Road Service Area Board - One (1) three -year term Womens Bay Service Area Board -Three (3) three -year terms WHEREAS, the Canvassing Board of the Kodiak Island Borough met on October 5 and 12, 2005 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 ASSEMBLY - Three (3) three -year terms JEFFREY, Sue 1167 ABELL, Tom. 1154 OSWALT, Reed 920 WELLS, Nancy J 896 KAPLAN, David. 760 Write -ins 26 KODIAK ISLAND BOROUGH ASSEMBLY - One (1) three -year term STEPHENS, Mel. 966 BONNEY, Tuck 911 Write -ins 25 SCHOOL BOARD - Two (2) three -year terms ODELL, Elizabeth 1428 STEPHAN. Jeff 1297 Write -ins 68 Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -14 Introduced by: Requested by: Drafted by: Introduced: Adopted: SCHOOL BOARD - One (1) three -year term ARNDT, Scott 1406 Write -ins 90 FIRE PROTECTION AREA NO. 1 BOARD - Two (2) three -year terms DOLPH, Mike 455 SPALINGER, Greg 447 ARNDT, Scott 187 Write -ins 7 SERVICE AREA NO. 1 BOARD - Three (3) three year terms Assembly Borough Clerk Borough Clerk 10/20/2005 ARNDT, Kevin 305 MAHONEY, Ed 297 Write -ins 81 ADINOLFI, Sharon Lea 23 KING, David 6 PAULSON, Shelley 5 Resolution No. FY 2006 -14 Page 1 of 4 DOLPH, Mike 4 ARNDT, Scott 3 BILLINGS, Dave 3 SPALINGER, Greg 3 LORENSON, Charles 2 PERKINS, David 2 SMITH, Lucas 2 CARSTENS, Dick 1 CARSTENS, Judy 1 DAVIDSON, Cliff 1 ESCHU, Tom 1 FILBURN, Tim 1 FOXWORTHY, Dean 1 GARMER, Dan 1 HALL, Steve 1 HANSEN, Eric 1 HAWLEY, Fred 1 HEINRICHS, Robin 1 KETCHUM, Vanessa 1 MARLAR, Debbie 1 McFARLIN, Eric 1 MULLICAN, James 1 NELSON, Ken 1 OSWALT, Reed 1 PISTRO -COLE, Diana 1 POULOS, Jim Sr. 1 ROHRER, Don 1 SMITH, Robert 1 SPENCER, Jeff 1 SPENCER, Jennifer 1 STEFFENSEN, Steve 1 TURNER, Darlene 1 WEST, Donald N. 1 WITHROW, Mark 1 ZIMMER, Murray 1 BAY VIEW ROAD SERVICE AREA BOARD - One (1) three -year term Write -ins OSWALT, Reed 5 HAGEMEYER, Gale 3 EUFEMIA, Libby 1 HAGEMORE, Gale 1 HELLIGSO, Kent 1 KUTCHICK, Natasha 1 LOPEZ, Greg 1 SCHROEDER, Andrew 1 Mr. Street 1 MONASHKA BAY ROAD SERVICE AREA BOARD - One (1) three -year term Write -ins GLAGOLICH, Chaz 7 DeVRIES, Drew 2 Kodiak Island Borough Alaska FOX, Don 2 SMITH, Steve 2 TURNER, Darlelne 2 DAVIDSON, Cliff 1 DAVIDSON, Kai 1 DEHART, Elsa 1 HEGGE, Tricia 1 LOPEZ, Greg 1 McKINNEY, Martha 1 McNEIL, Bruce 1 OGG, Dan 1 SPIVEY, Randy 1 SUNDBERG, Dave 1 WALTON, Ed 1 WITHROW, Mark 1 WOMENS BAY SERVICE AREA BOARD - Three (3) three -year terms Write -ins GRIFFIN, Scott 10 BREITUNG, Craig 9 ISADORE, John 9 SCHAEFFER, Spencer 9 CONRAD, Dave 5 GONDEK, Ed 4 BELISLE, Richard 3 LYNCH, Chris 3 RIPPEY, Jim 3 COBIS, Jim 2 EAGLE, Greg 2 HANSEN, Jessica 2 HEUMAN, Dave 2 LEE, George 2 ROBERTS, Bill 2 TROSVIG, Tom 2 ALLEN, Pete 1 CARVER, Gary 1 DICK, Glen 1 DRYDEN, Steve 1 FLINDERS, Val 1 GIBBS, Ron 1 GRAHAM, Jim 1 HAMLIN, Ed 1 HANSON, Laurie 1 HICKEY, Mary Ann 1 MADSEN, Laurie 1 MEYERS, Maaike 1 PENN, Steve 1 PETERSON, Jim 1 RICE, Dale 1 RUSSELL, Penny 1 SALZER, Dave 1 SMITH, Phil 1 SPRINGER, Tom 1 STAGNER, Jewl 1 YOUNG, Brian 1 Resolution No. FY 2006 -14 Page 2 of 4 TOTAL REGISTERED VOTERS TOTAL VOTES CAST Precinct 605 Chiniak 121 Precinct 608 Flats 1,875 Precinct 615 Kodiak Island South 207 Precinct 618 Kodiak No. 1 1,982 Precinct 620 Kodiak No. 2 1,813 Precinct 622 Mission Road 2 766 Precinct 625 Old Harbor 144 Precinct 635 Ouzinkie 141 Precinct 645 Port Lions 233 TOTAL 9,282 Precinct 605 Chiniak 37 - 30.6% Precinct 608 Flats 170 - 9.0% Precinct 615 Kodiak Island South 39 - 18.9% Precinct 618 Kodiak No. 1 433 - 21.9% Precinct 620 Kodiak No. 2 356 - 19.7% Precinct 622 Mission Road 619 - 22.4% Precinct 625 Old Harbor 54 - 37.5% Precinct 635 Ouzinkie 54 - 38.3% Precinct 645 Port Lions 54 - 23.2% Absentee, Questioned, Special Needs 224 - 2.4% TOTAL 2040- 21.97% 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 4, 2005 was validly held and hereby ratifies and certifies the results of the election. Section 2: In the Borough -wide election for ASSEMBLY, Sue Jeffrey, Tom Abell, and Reed Oswalt were elected to three -year terms each, having received the highest vote tallies. Section 3: In the Borough -wide election for ASSEMBLY, Mel Stephens was elected to a one - year term, having received the highest vote tallly. Section 4: In the Borough -wide election for SCHOOL BOARD, Elizabeth Odell and Jeff Stephan were elected to three -year terms on the Board of Education, having received the highest vote tallies. Section 5: In the Borough -wide election for SCHOOL BOARD, Scott Arndt was elected to a one -year term on the Board of Education, having received the highest vote tally. Section 6: In FIRE PROTECTION AREA NO. 1, Mike Dolph and Greg Spalinger were elected to three -year terms on the Board, having received the highest vote tallies. Section 7: In SERVICE AREA NO. 1, Kevin Arndt and Ed Mahoney were elected to three -year terms on the Board having received the highest vote tallies. Section 8: In SERVICE AREA NO. 1, Sharon Lea Adinolfi was elected to a three -year term on the Board, having received the highest write -in vote tally. Kodiak Island Borough Alaska Resolution No. FY 2006 -14 Page 3 of 4 Section 9: Section 10: Section 11: Section 12: ATTEST: 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 KIBC 4.15.040. In the MONASHKA BAY ROAD SERVICE AREA, Chaz Glagolich was elected to a three -year term on the Board, having received the highest write -in vote tally. In the WOMENS BAY SERVICE AREA, Scott Griffin was elected to a three -year term on the Board, having received the highest write -in vote tally. In the WOMENS BAY SERVICE AREA, Craig Breitung, John Isadore, and Spencer Schaeffer received 9 write -in votes each. Drawn by lot by the Canvass Board, John Isadore and Spencer Schaeffer were elected to three -year terms on the Board. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF 2005 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY 2006 -14 Page 4 of 4 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.B.1 Resolution No. FY2006 -14 Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. The Canvass Board met on October 5 and 12, 2005 to count the absentee and questioned ballots and to canvass the election. This resolution ratifies and certifies the election as having been duly held. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: Recommended motion: Move to approve Resolution No. FY2006 -14. A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 4, 2005 WHEREAS, the Kodiak Island Borough held a Regular Electio time candidates for the following office to be filled were v Borough Assembly - Three (3) three -year Borough Assembly - One (1) one -year School Board - Two (2) three -year t School Board - One (1) one -year t Fire Protection Area No. 1 Board Service Area No. 1 Board - Tr ee Bay View Road Service Ar )) rd Monashka Bay Road Se r [, Yd Bo Womens Bay Service A? }(�hre WHEREAS, the Canvassing 2005 and tallied the votes together with votes cou WHEREAS, the tallies KODIAK ISLAN KODIAK ISLAND STEPH 966 BONNEY, 1 is „i a s 911 Write-ii 1f r ., ,;' 25 SCHOOL BOARD - Two (`'f year terms ODELL, Elizabeth 1428 STEPHAN. Jeff 1297 Write -ins 68 SCHOOL BOARD - One (1) three -year term ARNDT, Scott 1406 Write -ins Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -14 rd of 1167 1154 920 896 760 26 e 1) three -year term 90 Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/20/2005 Adopted: tober 4, 2005, at which w s: rm r 5 and 12, eds Ballots Resolution No. FY 2006 -14 Page 1 of 4 FIRE PROTECTION AREA NO. 1 BOARD - Two (2) three-year terms DOLPH, Mike 447 SPALINGER, Greg 455 ARNDT, Scott 187 Write-ins 7 SERVICE AREA NO. 1 BOARD - Three (3) three year terms ARNDT, Kevin 297 W1AH()NEY,Ed 305 Write-ins 87 ADINOLFI, Sharon Lea BAY VIEW ROAD SERVICE AREA BOARD One (1) thr Write-ins OSWALT, Reed HAGEMEYER, Gale EUFEMIA, Libby HAGEMORE, Gale HELLIGSO, Kent KUTCHICK, Natasha LOPEZ, Greg SCHROEDER, Andrew Mr. Street . . GL&�� - ��� ,/: D HE LOP McKI MnNB OGG, D SPIVEY, SUNDBER WALTON, E WITHROW, WOMENS BAY SERVICE AREA BOARD -Three (3) three-year terms Write-ins GRIFFIN, Scott 10 BREITUNG, Craig 9 ISADORE, John 9 SCHAEFFER, Spencer 9 Kodiak Island Borough Alaska .stri 1 2 2 2 3 1 1 1 1 1 1 1 1 1 1 1 1 Resolution No. FY 2006-14 Page 1 of 4 TOTAL REGISTERED VOTERS Precinct 605 Chiniak 121 Precinct 608 Flats 1,875 Precinct 615 Kodiak Island South 207 Precinct 618 Kodiak No. 1 1,982 Precinct 620 Kodiak No. 2 1,813 Precinct 622 Mission Road 2,766 Precinct 625 Old Harbor 144 Precinct 635 Ouzinkie 141 Precinct 645 Port Lions 233 TOTAL 9,282 TOTAL VOTES CAST NOW, THEREFORE, BE IT RES! ED BOROUGH THAT: Section 1: The Assert"!) Section 2: In,. Section 4: In Stej' recei Section 5: Section 6: Section 7: Precinct 605 Chiniak Precinct 608 Flats Precinct 615 Kodiak Island South Precinct 618 Kodiak No. 1 Precinct 620 Kodiak No. 2 Precinct 622 Mission Road Precinct 625 Old Harbor Precinct 635 Ouzinkie .. Precinct 645 Port Lions . Absentee, Questioned, TOTAL 0 ober 4, d05 was validly held and h@ lection. , Tom Abell, and Reed eceived the highest vote Section 3: '� ' a . z; i. _ Jd n . I ear ephen was elected to a one-year p In FIRE PRO to three -year OL BOARD, Elizabeth Odell and Jeff terms on the Board of Education, having In the Bo i =C k io ` or SCHOOL BOARD, Scott Arndt was elected to a one-year y n rd of Education, having received the highest vote tally. REA NO. 1, Mike Dolph and Greg Spalinger were elected n the Board, having received the highest vote tallies. In SERVICE AREA NO. 1, Kevin Arndt and Ed Mahoney were elected to three -year terms on the Board having received the highest vote tallies. Section 8: In SERVICE AREA NO. 1,Sharon Lea Adinolfi was elected to a three -year term on the Board, having received the highest write -in vote tally. Kodiak Island Borough Alaska Resolution No. FY 2006 -14 Page 1 of 4 Section 9: Section 10: Section 11: Section 12: ATTEST: 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 KIBC 4.15.040. In the MONASHKA BAY ROAD SERVICE AREA, Chaz Glagolich was elected to a three -year term on the Board, having received the highest write -in vote tally. In the WOMENS BAY SERVICE AREA,Scott Griffin elected to three -year terms on the Board, having received the highest write -in vote tallies. rote lby, Borough In the WOMENS BAY SERVICE AREA, Craig Breiturj Schaeffer received 9 write -in votes each. Dra John Isadore and Spencer Schaeffer were el Board. Judith A. Nielsen, CMC, goro Kodiak Island Borough Alaska ADOPTED BY THE KODIAK IS!_ 1 THIS D{'! ohn Isadore, and Spencer t by the Canvass Board, ree -year terms on the BLY 005 GH yor Resolution No. FY 2006 -14 Page 1 of 4 Item No. 133.2 Amending Resolution No. FY2006 -13 Adopting a Capital Improve ent Program for Fiscal Years 2006 -2010 and Establishing a Capital Improve •ents Projects Priority List. Assemblymember Williams requested that this resolution .e placed on the Agenda. This would amend the CIP list to place the N - ICpdi.. High School as the number one project. FISCAL NOTES: ACCOUNT NO.: ® N/A Exp diture Amount Re ired: Budgeted: APPRO AL FOR AGENDA: Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Resolution No. FY2 6 -13A Recommended motion: Move to adopt Resolution No. FY2006 -13A. Introduced by: Assemblymember Williams Requested by: Assemblymember Williams Introduced: 10/20/2005 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -13A A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2006 -13 ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok, and Old Harbor, and h WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Boroug for fiscal years 2006 through 2010; and WHEREAS, per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2006 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance; and WHEREAS, the Kodiak Island Borough is also served by the State of Alaska which maintains highways roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road Rezanof Drive, Mill Bay Road, Monashka Bay Road, Antone Larsen Bay Road, etc.; and WHEREAS, the State of Alaska administers the federal airport improvement program funds for the Kodiak Airport; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's five (5) year Capital Improvement Program (CIP), for FY 2006 to 2010, priorities are as follow: KIBSD SEISMIC REPAIRS AND SCHOOL FACILITY PROJECTS 1. New Kodiak High School 2. Kodiak Middle School Facility Seismic Upgrades 3. Kodiak High School Library'Science Lab Seismic Upgrades 4. Ouzinkie School Facility Seismic Upgrades 5. Kodiak High School Gym Non structural wall seismic upgrade 6. Old Harbor School Earthquake Mtigation Project (drainage) improvements 7. Kodiak Middle School Seismic Retaining Wall replacement 8. North Star Elementary School Drainage Improvement 9. Old Harbor Gym Roof Replacement 10. Larsen Bay Gym and Old Wing Roof Replacement 11. Village Earthquake projects (earth remmel around buildings) Kodiak Island Borough Alaska $ 67,500,000 $ 1,636,000 $ 545,500 $ 763,700 $ 109,000 $ 54,550 $ 54,550 $ 109,100 $ 218,200 $ 218,200 $ 327,300 Resolution No. FY2006 -13A Page 1 of 4 12. District Wide - Suspended Ceiling Reinforcement 13. District Wide - non - structural improvements (anchoring systems) 14. District Wide - Emergency Generators Plug and Electrical Panel 15. Building Boiler replacement and fuel tank replacement 16. High School Parking Lot Repaving 17. Middle School Access Road Paving 18. Peterson School Parking Lot Paving 19. Main and East Elementary Over & Under Pedestrian Passes 20. North Star Classroom Addition FACILITY PROJECTS 1 Womens Bay Tsunami Shelter 2. Providence Kodiak Island Medical Clinic (KIB Match) 3. New ADF &G Building Construction and ADF &G term lease paynent 4. Kodiak College Community Vocational Building (Phase I) 8. Chiniak Tsunami Shelter Addition 9. Armory Relocation Plan and Preliminary Design 10. KIB -Admin Building Renovation and Communication System 11. Maritime Museum Feasibility Study 12. Central Solid Waste Transfer Stations Planning & Design TRANSPORTATION PROJECTS 1. Anton Larsen Bay Road Extension to Ice Free Port 2. Sharatin Road Pavement 3. Woodland Acres (3rd -8th Addition) Pavement 4. Lilly Drive Pavement 5. Antone Way Pavement 6. Monashka Bay Boat Ramp & Parking 7. Pasagshak Boat Ramp & Parking 8. Perenosa Drive Construction (600') Kodiak Island Borough Alaska RECREATION & CULTURE PROJECTS 1. Mill Bay Beach Access and Recreation Upgrade 2. Island Lake Trail Upgrade 3. Lake Miam /Lake Summitt ATV Trail Improvements 4. White Sands Beach Park Upgrade 5. East Elementary Softball Field Upgrade 6. Bike Path Extensions Study 7. Men's Softball Field 8. All Purpose Field Complex 9. Kodiak Rodeo and State Fairgrounds Improvements TOTAL TOTAL TOTAL TOTAL $ 1,636,500 $ 300,000 $ 1,028,290 $ 821,860 $ 1,000,000 $ 48,000 $ 220,000 $ 106,000 $ 3,805,500 $ 80,502,250 $ 636,000 $ 848,000 $ 7,150,000 $ 10,600,000 $ 265,000 $ 265,000 $ 2,517,500 $ 53,000 $ 318.000 $ 22,652,500 $ 21,000,000 $ 300,000 $ 900,000 $ 300,000 $ 250,000 $ 318,000 $ 318,000 $ 100.000 $ 23,486,000 $ 53,000 $ 65,000 $ 23,000 $ 53,000 $ 25,000 $ 53,000 $ 20,000 $ 825,000 $ 106.000 $ 1,223,000 Resolution No. FY2006 -13A Page 2 of 4 1. Landfill Lateral Expansion Design 2. Landfill Lateral Expansion Construction, 3. Baler Building Condition Survey 4. Baler Building Roof Repairs 5. Second Chiniak Tsunami Siren 6. Tsunami Siren Replacement 7. Pasagshak Tsunami Siren 8. Spare Vertical Turbine Pump - KFRC 9. Tanker Truck for Bayside Fire 10. Fire Engine for Bayside Fire 11. Construction and Demolition Shredder 12. Metals Baler 13. Monashka Water $ Sewer Design Kodiak Island Borough Alaska UTILITY & OTHER PROJECTS Closure & Post Closure $ 500,000 $ 6,755,000 $ 31,000 $ 100,000 $ 26,500 $ 159,000 $ 53,000 $ 90,000 $ 277,000 $ 265,000 $ 265,000 $ 265,000 $ 1,166,000 TOTAL $ 9,952,500 KIBSD MAINTENANCE AND OPERATIONS PROJECTS 1. Emergency Communications 2. Tech Services - UPS Upgrade 3. Emergency power to District Server room at KMS 4. Underground Storage Tank Removal - Villages and Town 5. Maintenance: Install Additional Storage Mezzanine 6. Add Storage to back of Building - East Elementary 7. Replace Phone System - East Elementary 8. Replace Phone System - Peterson Elementary 9. Add Parking - East Elementary 10. Install New Fire Suppression in Server Room 11. District Wide Security Video Surveillance, Intrusion 12. Replace Rotten Roof on Bridge Over Playground 13. Replace Rotten Window Sills 14. Replace Kitchen Floor 15. Paint Exterior Of Building - Old Harbor and Akhiok 16. Paint Exposed Membrane on Gym Roof - Middle School 17. Metal Roofing Upgrade - East Elementary 18. Upgrade Crossing Lights /Flashers -Main Elementary 19. Install Crossing Lights /Flashers for Safety on Road - North Star 20. Vehicle Replacement 21. Village Upgrade Energy Lighting - (Ouzinkie, Old Harbor, Larsen Bay, Karluk) 22. Town Upgrade Energy Lighting - (East, Peterson, High School) 23. Repair /Re- commission HVAC Equipment - Middle School 24. Vocational Education Equipment Upgrades 25. Technology Upgrades 26. Village Communications IP Phones 27. Fire Alarm Panel Upgrades - (High School, KMS. Auditorium, East, Karluk) 28. ADA Hearing Impaired Systems District Wide 29. Fire Alarm Magnetic Door Closures - Middle School 30. Fire Alarm Magnetic Door Closures - East Elementary 31. Fire Alarm Magnetic Door Closures - High School $ 30,000 $ 75,000 $ 174,400 $ 827,000 $ 470,880 $ 106,820 $ 15,000 $ 18,000 $ 300,000 $ 15,000 $ 100,000 $ 43,600 $ 10,000 $ 21,800 $ 98,100 $ 13,500 $ 38,150 $ 18,300 $ 21,800 $ 130,000 $ 20,000 $ 50,000 $ 12,000 $ 180,000 $ 380,000 $ 60,000 $ 45,000 $ 10,000 $ 40,000 $ 30,000 $ 60,000 Resolution No. FY2006 -13A Page 3 of 4 32. Basketball Court Replacement -Old Harbor $ 21,800 33. Replace Old Wing Roofing - Larsen Bay $ 130,000 34. Floor Finishes in Hallways - Port Lions $ 18,000 35. Replace Floor Finishes Old Wing - Larsen Bay $ 26,160 36. Replace Floor Finishes -East Elementary $ 272,500 37. Floor Finishes - Peterson Elementary $ 272,500 38. Repair, Topcoat and Restripe Parking Lot -High School $ 1,237,172 39. Add Parking - High School $ 250,000 40. Pave Parking and Driveway - Peterson Elementary $ 275,000 41. Repair, Topcoat and Restripe Parking Lot - Middle School $ 45,099 42. Pave Dirt Parking Area - Main Elementary $ 143,880 43. Add Parking and Improee Access - North Star Elementary $ 1,700,000 44. Shelter Storage at each Building $ 250,000 45. Exterior Door Replacement - District Wide $ 41,000 (East, High School, Audit, Main, Karluk, Larsen Bay) 46. Replace Elevator Controls - Middle School $ 48,800 47. Replace Asbestos Siding on Borough Home - Akhiok $ 23,980 48. Replace Heating Controls - Karluk $ 80,660 49. Interior Finishes (Paint) -Main Elementary $ 98,880 50. Interior Finishes (Paint) -East Elementary $ 103,786 51. Interior Finishes (Paint) - Auditorium $ 167,315 52. Interior and Exterior Finishes (Paint) - Middle School $ 239,000 53. Interior and Exterior Finishes (Paint) - Larsen Bay $ 9,268 54. Interior Finishes (Paint) - Peterson Elementary $ 119,900 55. Interior Finishes (Paint) -High School $ 348,800 56. Replace Exterior Siding - East Elementary $ 228,900 57. Replace Plumbing Piping - East Elementary $ 31,610 58. Interior Finishes (Paint) - Akhiok $ 33,790 59. Interior and Exterior Finishes (Paint) - Karluk $ 65,520 60. Interior Floor Finishes - Karluk $ 32,700 61. Exterior Window Replacement Old Wing - East Elementary $ 147,150 62. Classroom Furniture - District Wide $ 120,000 63. Gym Floor Replacement -High School $ 175,000 64. Village Playground Replacement $ 220,000 65. Village Teacher Housing - Phase 1 $ 1,000,000 (1 Fourplex and 2 Duplexes in the Villages) ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk TOTAL $ 11,572,520 section 2: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2005 Kodiak Island Borough Alaska Resolution No. FY2006 -13A Page 4 of 4 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -06A Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 10/20/2005 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2006 -06 APPROVING TERMS AND CONDITIONS FOR SALE OF TAX FORECLOSED PROPERTY AT BOROUGH LAND SALE NUMBER FIFTEEN WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 et seq. br delinquent payment of taxes; and WHEREAS, by ordinance these parcels were declared not to be of public need and were ordained to be offered for sale at the next Borough land sale; and WHEREAS, the next Borough land sale is scheduled for October 22, 2005: and WHEREAS, the United Fish and Wildlife Service (IUSFWS) has expressed an interest in purchasing parcel #30 T3OS R28W TL 1804 Zachar Bay at fair market value from the Borough; and WHEREAS, this parcel was once part of the Kodiak National Wildlife Refuge; and WHEREAS, this type of action was previously discussed and approved in Ordinance No. 95 -05A to allow the USFWS to purchase these type of parcels from the Borough; NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: SECTION 1. The real property listed in on page three of this resolution have been certified by the finance department as foreclosed parcels. SECTION 2. It has been determined that a public need for said real property #30 on page three of this resolution does -net may exist; and therefore; has been removed form Land Sale Number Fifteen. SECTION 3. The Assembly authorizes the Borough to conduct an outcry auction of the tax foreclosed real property to be held on October 22, 2005 in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, and to cause a public notice to be published in a newspaper of general circulation in the Borough not less than thirty (30) days before the date of the sale. The foreclosed parcels will be sold for an amount not less than the judgment amount for taxes, plus penalties, interest and other related costs as shown in the list of parcels, certified by the finance department at a public outcry auction. SECTION 4. Ten percent (10 %) of the minimum bid amount for the property is due upon the signing of a purchase contract. This payment must be in the form of cash, a cashier's check, bank draft, certified check, wire, or any form acceptable to the Borough Finance Director. The remaining amount must be paid within 30 days. These payments must be in the same form(s) as listed above. Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 3 of 3 SECTION 5. SECTION 6. SECTION 7. SECTION 8. ATTEST: In the event that any of the parcels are sold for more than the amount of taxes, penalties, interest and other related costs, the Borough Finance Director shall provide written notice to the former record owner of the real property advising of the amount of excess and the manner in which a claim for the balance of the proceeds may be submitted. Notice is sufficient if mailed to the former record owner at his /her last address of record. Upon presentation of a proper claim, the Borough shall remit the excess to the former record of owner. A claim for the excess which is filed after six (6) months of the date of the sale is forever barred. All real property to be sold is subject to any and all restrictions of record, zoning ordinances, and any and all plat requirements and covenants. The Borough will execute and deliver to the buyer of any of the sale parcels a quitclaim deed without warranty or representation which will convey any and all interest the Borough might have in the real property. Prospective buyers shall be put on notice by this ordinance and by other means of publication in the public notice of the sale that the Borough does not vouch for its rights, title or interest in anyof the properties to be sold; and the prospective buyers are put on notice that the Borough shall be held harmless from any and all claims regarding title or possession to any of the properties on the list of real property to be sold. The prospective buyers shall also be advised in the public notice that the Borough reserves the right to withdraw any or all of the parcels listed for sale and that, pursuant to law, any or all of the real property listed for sale may be repurchased by the record owners, or their assigns or heirs, at any time before the sale. This resolution shall take effect immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 KODIAK ISLAND BOROUGH Judith A. Nielsen, CMC, Borough Clerk Jerome M. Selby, Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 3 of 3 DESCRIPTION OF LAND LEGAL DESCRIPTION 1 MONASHKA BAY BK 1 LT 12A 2 KODIAK TWNST BK 3 E PTN LT 8 3 u9s 321 a z,-E 2 4- MILL RD 4 PAI II S I T I!EwST ADD BK 3aw I T 1 5 PAULSiT2!E ST ADD BKSS iT2 6 7 ALEUTIA L T -23 8 .9V I AND A /, 2ND TOR 1 9 10 11 M 12 ,M.«ER,PT IST OY 2 OTAI I T I 13 MIL ERrTISTBK2/T2 14 MILLER PT BK 3 LT 4A -2 ROAD SYSTEM 15 T3OS R29W TL 3004 LARSEN BAY 16 T3OS R29W TL 3201 UYAK BAY 17 T3OS R29W TL 2901 UYAK BAY 18 T3OS R29W TL 2903 UYAK BAY 19 T3OS R29W TL 3003 LARSEN BAY 20 T3OS R29W TL 3601 UYAK BAY 21 T31S R29W TL 101 AMOOK ISLAND 22 T3OS R28W TL 3101 UYAK BAY 23 24 T31S R29W TL 1405 AMOOK ISLAND 25 SUNNY COVE LT 19 26 OLD HARBOR TR A BK 2 LT 1A 27 T3OS R29W TL 3205 UYAK BAY 28 29 AKHIOK BK 13A LT 5A 30 31 T31S R29W TL 1203 AMOOK ISLAND 32 T31S R29W TL 1404 AMOOK ISLAND 33 T31S R29W TL 3602 AMOOK ISLAND 34 T31S R3OW TL 303 UYAK BAY Kodiak Island Borough Alaska SIZE GENERAL LOCATION PROP MINIMUM ACRES PHYSICAL ADDRESS USE OFFER REMOTE PARCELS PARCELS 1.27 2887 BAY VIEW DR VAC 0.01 216 MILL BAY RD VAC 443 BUS 048 1- 116-- MISSION -R6 VAC 0:2.7 1441-MISSION-RD SFR 044 MHR 044 13 un . -ST SFR 243 RAV.R -4C 044 'VAC 044 UAC 343 3741-0TMEL4DIWAY .VAC 046 6 312 IVA LN ACC 444 3174 BAI IAA 16 VAC 1.07 988 KRAFT WAY ACC 8 10 7 8 10 9.5 10 10 5:42 1.72 2.13 0.23 10 048 0.19 40 10 8 10 10 UYAK BAY UYAK BAY UYAK BAY UYAK BAY UYAK BAY UYAK BAY UYAK BAY UYAK BAY WEST-SIDE-KODAK UYAK BAY SPRUCE ISLAND SALMONBERRY DR UYAK BAY MOSER -BA-Y AKHIOK I IYA AYAY UYAK BAY UYAK BAY UYAK BAY UYAK BAY VAC VAC VAC VAC VAC VAC VAC VAC FS VAC VAC SFR VAC FS SFR MAC VAC VAC VAC VAC PARCELS 3 to 13, 23, & 28 HAVE BEEN REPURCHASED AND REMOVED FROM THE LAND SALE ACCORDING TO BOROUGH CODE 3.20.140(B) 9,244.70 2,192.08 - 64 6352x57 X59 — 8,59946 4,864.46 7,524:4-4 ,1 ,-- 03.62 — 2,593x48 6 503 46 — x,593.93 —7,246:08 4,533.86 4,400.60 2,906.46 3,157.23 3,691.55 3,176.43 3,579.84 4,218.74 3,390.02 -- 8,538x89 857.31 1 ,733.43 5,617.18 1,042.71 —179, 3,583.42 1,639.87 1,233.29 1,572.78 1,572.78 1,640.08 Resolution No. FY2006 -06A Page 3 of 3 Regular Meeting of October 20, 2005 Kodiak Island Borough AGENDA STATEMENT Item No. 13.B.3 Resolution No. FY2006 -06A Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. The United Fish and Wildlife Service (IUSFWS) has expressed an interest in purchasing parcel #30 T3OS R28W TL 1804 Zachar Bay at fair market value from the Borough. This parcel was once part of the Kodiak National Wildlife Refuge; and This type of action was previously discussed and approved in Ordinance No. 95 -05A to allowthe USFWS to purchase these type of parcels from the Borough; FISCAL NOTES: ACCOUNT NO.: Z N/A Expenditure Amount Required: Budgeted: Recommended motion: Move to adopt Resolution No. FY2006 -06A. A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2006 -06 APPROVING TERMS AND CONDITIONS FOR SALE OF TAX FORECLOSED PROPERTY AT BOROUGH LAND SALE NUMBER FIFTEEN WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 et seq. for delinquent payment of taxes; and WHEREAS, by ordinance these parcels were declared not to be of public need and were ordained to be offered for sale at the next Borough land sale; and WHEREAS, the next Borough land sale is scheduled for October 22, 2005; and WHEREAS, the United Fish and Wildlife Service ( IUSFWS) has expressed an interest in purchasing parcel #30 T3OS R28W TL 1804 Zachar Bay at fair market value from the Borough; and WHEREAS, this parcel was once part of the Kodiak National Wildlife Refuge; and WHEREAS this type of action was previously discussed and approved in Ordinance No. 95 -05A to allow the USFWS to purchase these type of parcels from the Borough; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: SECTION 1. SECTION 2. SECTION 3. SECTION 4. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -06A Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 10/20/2005 Adopted: The real property listed in on page three of this resolution have been certified by the finance department as foreclosed parcels. It has been determined that a public need for said real property #30 on page three of this resolution does -not may exist; and therefore; has been removed form Land Sale Number Fifteen. The Assembly authorizes the Borough to conduct an outcry auction of the tax foreclosed real property to be held on October 22, 2005 in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, and to cause a public notice to be published in a newspaper of general circulation in the Borough not less than thirty (30) days before the date of the sale. The foreclosed parcels will be sold for an amount not less than the judgment amount for taxes, plus penalties, interest and other related costs as shown in the list of parcels, certified by the finance department at a public outcry auction. Ten percent (10%) of the minimum bid amount for the property is due upon the signing of a purchase contract. This payment must be in the form of cash, a cashier's check, bank draft, certified check, wire, or any form acceptable to the Borough Finance Director. The remaining amount must be paid within 30 days. These payments must be in the same form(s) as listed above. Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 1 of 3 SECTION 5. SECTION 6. SECTION 7. SECTION 8. ATTEST: In the event that any of the parcels are sold for more than the amount of taxes, penalties, interest and other related costs, the Borough Finance Director shall provide written notice to the former record owner of the real property advising of the amount of excess and the manner in which a claim for the balance of the proceeds may be submitted. Notice is sufficient if mailed to the former record owner at his /her last address of record. Upon presentation of a proper claim, the Borough shall remit the excess to the former record of owner. A claim for the excess which is filed after six (6) months of the date of the sale is forever barred. All real property to be sold is subject to any and all restrictions of record, zoning ordinances, and any and all plat requirements and covenants. The Borough will execute and deliver to the buyer of any of the sale parcels a quitclaim deed without warranty or representation which will convey any and all interest the Borough might have in the real property. Prospective buyers shall be put on notice by this ordinance and by other means of publication in the public notice of the sale that the Borough does not vouch for its rights, title or interest in anyof the properties to be sold; and the prospective buyers are put on notice that the Borough shall be held harmless from any and all claims regarding title or possession to any of the properties on the list of real property to be sold. The prospective buyers shall also be advised in the public notice that the Borough reserves the right to withdraw any or all of the parcels listed for sale and that, pursuant to law, any or all of the real property listed for sale may be repurchased by the record owners, or their assigns or heirs, at any time before the sale. This resolution shall take effect immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -06A Page 2 of 3 DESCRIPTION OF LAND SIZE LEGAL DESCRIPTION ACRES 1 MONASHKA BAY BK 1 LT 12A 2 KODIAK TWNST BK 3 E PTN LT 8 3 USS 3218 LT E -2A MILL BAY RD 4 PAULS LT 1 /EAST ADD BK 35A LT 1 5 PAULS LT 2 /EAST ADD BK 35A LT 2 6 ISLAND LAKE BK 2 LT 2 7 ALEUTIAMBK6 T23 8 HOLLAND AC 2ND TR P -1 9 ISLAND LAKE BK 2 LT 10 10 ISLAND LAKE BK 2 LT 11 11 MILLER PT BK 4 LT 1 12 MILLER PT 1ST BK 2 PTN LT 1 13 MILLER PT 1ST BK 2 LT 2 14 MILLER PT BK 3 LT 4A -2 15 T3OS R29W TL 3004 LARSEN BAY 16 T3OS R29W TL 3201 UYAK BAY 17 T3OS R29W TL 2901 UYAK BAY 18 T3OS R29W TL 2903 UYAK BAY 19 T3OS R29W TL 3003 LARSEN BAY 20 T3OS R29W TL 3601 UYAK BAY 21 T31S R29W TL 101 AMOOK ISLAND 22 T3OS R28W TL 3101 UYAK BAY 23 USS 1917 CAPE UCAT 24 T31S R29W TL 1405 AMOOK ISLAND 25 SUNNY COVE LT 19 26 OLD HARBOR TR A BK 2 LT 1A 27 T3OS R29W TL 3205 UYAK BAY 28 29 AKHIOK BK 13A LT 5A 30 T308 R28W TL 1801 7ACHAO BAY 31 T31S R29W TL 1203 AMOOK ISLAND 32 T31S R29W TL 1404 AMOOK ISLAND 33 T31S R29W TL 3602 AMOOK ISLAND 34 T31S R3OW TL 303 UYAK BAY Kodiak Island Borough Alaska ROAD SYSTEM PARCELS 1.27 0.01 1.13 0.18 0.27 0.14 044 2.23 0.14 0.14 3.23 0.66 1.24 1.07 REMOTE PARCELS GENERAL LOCATION PROP MINIMUM PHYSICAL ADDRESS USE OFFER 2887 BAY VIEW DR VAC 216 MILL BAY RD VAC 3338 MILL BAY RD BUS 1116 MISSION RD VAC 1118 MISSION RD SFR 3259 PTARMIGAN PASS : MHR 512 THORSCU %r SFR RAVEN CIR VAC 3147 PTARMIGAN PASS :VAC 3131 PTARMIGAN PASS :VAC 3741 OTMELOI WAY 3126 BALIKA LN 3174 BALIKA LN 988 KRAFT WAY 8 UYAK BAY 10 UYAK BAY 7 UYAK BAY 8 UYAK BAY 10 UYAK BAY 9.5 UYAK BAY 10 UYAK BAY 10 UYAK BAY 542 1.72 UYAK BAY 2.13 SPRUCE ISLAND 0.23 SALMONBERRY DR 10 UYAK BAY 048 MOSER -BA-Y 0.19 AKHIOK 40 UYA AY 10 UYAK BAY 8 UYAK BAY 10 UYAK BAY 10 UYAK BAY VAC ACC VAC ACC VAC VAC VAC VAC VAC VAC VAC VAC FS VAC VAC SFR VAC FS SFR VAC VAC VAC VAC VAC PARCELS 7, 23, & 28 HAVE BEEN REPURCHASED AND REMOVED FROM THE LAND SALE ACCORDING TO BOROUGH CODE 3.20.140(B) 9,244.70 2,192.08 61,955.80 6,352.57 13,556.59 8,599.06 -- 4 7,524.11 2,793.62 2,593.48 6,503.86 4,593.93 7,246.08 4,533.86 4,400.60 2,906.46 3,157.23 3,691.55 3,176.43 3,579.84 4,218.74 3,390.02 8 857.31 1,733.43 5,617.18 1,042.71 —14454a 3,583.42 --1763047 1,233.29 1,572.78 1,572.78 1,640.08 Resolution No. FY2006 -06A Page 3 of 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.B.3 Resolution No. FY2006 -15 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Rural Communities Capital Improvement Projects Priority List. The Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok, and Old Harbor. A five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010. The Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough communities, either directly or through service areas and contracts for construction and maintenance. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROV FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2006 -15. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -15 Introduced by: Manager Gifford Requested by: Assembly Introduced: 10/20/2005 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A RURAL COMMUNITIES CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok and Old Harbor; and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010; and WHEREAS. the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's Rural Communities five (5) year Capital Improvement Program (CIP), for FY 2006 to 2010, priorities are as follow: Akhiok 1. Backhoe or Front End Loader $ 50,000 2. Power Stats and Computers $ 40,000 3. New Generator $ 30,000 TOTAL $ 120,000 Larsen Bay 1. Deep Sea Dock Facility $ 5,000,000 2. Replacement Aggregate for Road System $ 100,000 3. Power plant upgrades $ 1,000,000 4. Rock Screener /Separator $ 75,000 5. Equipment Replacement $ 100,000 TOTAL $ 6,275,000 Old Harbor 1. Hydroelectric Power Project $ 4,500,000 2. Water Tank $ 2,000,000 3. Dock and Harbor Improvements $ 3,000,000 4. Airport Improvements $ 450,000 5. Industrial /Economic Development $ 300,000 6. Multi -use Sports field $ 15,000 7. Maintenance Equipment $ 400,000 TOTAL $ 10,665,000 Kodiak Island Borough Alaska Resolution No. FY2006 -15 Page 1 of 4 Ouzinkie 1. Alternative Energy Wind Generation System $ 250,000 2. Industrial Area Development Replacement Dock $ 5,727,000 3. Heavy Equipment Storage Building $ 250,000 4. Ouzinkie /Kodiak Island Rural Training and Development Center $ 500,000 5. Small Boat Harbor Parking and Access $ 350,000 6. Road Resurfacing, Repair and Rock Crusher $ 3,575,000 7. Landfill Maintenance Equipment $ 100,000 8. Improved Access to Hydro- Electric Plant $ 135,000 9. Fire Hydrant Replacement and Addition $ 100,000 10. Tourism, Recreational and Economic Development $ 100,000 11. John Deere Tractor with Backhoe $ 135,000 TOTAL $ 11,222,000 Port Lions 1. Public Dock Facility $ 5,000,000 2. Water Plant Upgrade $ 669,000 3. City Large Equipment $ 1,150,000 4. Solid Waste Disposal Site $ 350,000 5. Harbor Water Main $ 750,000 6. Road Upgrades and Extension $ 1,150,000 7. Public Safety Building $ 800,000 8. Maintenance Improvement Facility $ 100,000 9. Harbor Building $ 75,000 10. Municipal Building $ 250,000 11. Search and Rescue Skiff & Truck $ 100,000 12. New Subdivision $ 400,000 13. Outer Breakwater Stub $ 3,000,000 14. Boat Storage /Dry Dock Facility $ 650,000 15. Cold Storage Facility $ 250,000 TOTAL $ 14,694,000 Section 2: The Kodiak Island Borough administration is hereby instructed to advise the govemor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough Alaska Resolution No. FY2006 -15 Page 2 of 4 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.C.1 Ordinance No. FY 2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. Borough Code requires that the Assembly re- establish boards, committees, and commissions every three years. 2.39.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three (3) years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: Recommended motion: Move to adopt Ordinance No. FY 2006 -04. WHEREAS, all boards, committees, and commissions established under Chapter 2 of the Kodiak Island Borough Code of Ordinances shall terminate by every three years, unless affirmatively re- established or continued by the Assembly; and WHEREAS, the assembly shall hold a public hearing to receive testimony on the need for the continued existence of the board or commission from the general public and members of the board or commission; 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. The following boards, committees, and commissions are hereby re- established in the ..'.k Island Borough Code of Ordinances Chapter 2.39.180: Section 2: ATTEST: Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -04 Jerome M. Selby, Borough Mayor AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RE- ESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES CHAPTER 2.39 BOARDS AND COMMISSIONS Emergency Services Council ---- Economic Development Commission Parks and Recreation Committee Architectural /Engineering Review Board Airpnrr. Advisory Committee Providence Kodiak Island Hospital and Health Facilities Advisory Board Providence Kodiak Island Mental Health Center Advisory Board Personnel Advisory Board Arts Council Advisory Committee 'dial -Area Transit System Advisory Committee ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2005 KODIAK ISLAND BOROUGH Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/20/2005 Public Hearing: Adopted: Kodiak Island Borough, Alaska Ordinance No. FY2006 -04 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.C.2 Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per -Diem This ordinance would change the per -diem rate for employees, elected officials, and other people traveling on Borough business. It would move the Borough from a flat fee of $35.00 per day to the rate set by the US Government Services Administration (GSA) agency schedule. This rate is different for different localities. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2006 -05 in first reading to advance to public hearing on November 3, 2005. WHEREAS, the current per -diem rate for the employees and Assembly of the Borough is $35.00 per day, the same as in 1977; and WHEREAS, the cost to stay in various cities and towns varies greatly; and WHEREAS, the federal government has established per diem rates for most cities and towns in the United States and foreign countries; and WHEREAS, the federal rate stipulates that only 75 % of the per diem will be paid on the first and last day of travel; and WHEREAS, the Borough can adopt these per -diem rates and use the federal government research into the cost of meals and incidental expenses at different locations; 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 Personnel Rules and Regulations. Section 2: The Personnel Rules and Regulations is hereby amended as follows: Employees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and/or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incidental to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include: hotel rooms, auto rental, and telephone , :, . Employees will be paid a per diem for meals and incidental expenses equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non - contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http: / /www.gsa.gov /. The federal government regulations also specify that on the first and last day of travel per -diem will be 75% of the daily rate. Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -05 Introduced by Manager Gifford Requested by Finance Director Drafted by Finance Director Introduced: 10/20/2005 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING THE PERSONNEL RULES AND REGULATIONS BY ADOPTING THE FEDERAL RATE FOR PER DIEM Ordinance No. FY2006 -05 Page lof 2 When an employee is on official business not requiring an overnight stay, per diem he/she will be reimbunsed-for -75% of the daily rate. 1 1 1 I I . . . .. 11• All employees on official travel are expected to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are: first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel- related check requests or purchase orders, employees must submit a Travel Authorization Form (see sample form in Appendix B — Forms Section). Hotel rooms will generally be reserved and paid using the purchase order system. Reimbursement may be requested for hotel rooms with proper receipt submittal. An Advance for per diem can be requested prior to travel. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006.05 Page 2of 2 * All rates are in us uoaars Locality Seasons (Beg- End) Max Lodging Local Meals Rate Prop. Local Incidental Rate Footnote Footnote Rate Max Per Diem Rate Eff. Date Meals ADAK 01/01- 12/31 120 63 36 16 199 07/01/2003 259 06/01/2004 ANCHORAGE [INCL NAV RES] 05/01- 09/15 170 71 40 18 176 06/01/2004 ANCHORAGE [INCL NAV RES] 09/16- 04/30 95 65 37 16 254 05/01/2002 BARROW 01 /01- 12/31 159 76 42 19 196 06/01/2004 BETHEL 01/01- 12/31 119 62 35 15 197 10/01/2004 SETTLES 01/01- 12/31 135 50 29 12 163 05/01/2002 COLD BAY 01 /01- 12/31 90 58 33 15 206 10/01/1999 COLDFOOT 01/01- 12/31 135 57 33 14 172 07/01/2003 9PPER _INTER 05/16- 09/15 109 50 29 13 MAXIMUM PER DIEM RATES OUTSIDE THE CONTINENTAL UNITED STATES TRAVEL PER DIEM ALLOWANCES COUNTRY /STATE: ALASKA IMPORTANT NOTES: 1. Use the OTHER rate if neither the CITY nor MILITARY INSTALLATION is listed. 2. For other allowances that are based on per diem rates (e.g., TLE, TLA, TQSE, TQSA), see the appropriate rules for those allowances regarding what per diem rate to use. 3. The standard ONBASE INCIDENTAL RATE is $3.50 OCONUS wide. 4. When Government meals are directed, the appropriate Government meal rate, as prescribed in Appendix A, is applicable. 5. Per Diem Rate = Max Lodging + Meals (Local, Proportional, or Government) + Incidental Rate (Local or OnBase) https://secureapp2.hqda pentagon.mil /cgi- bin /pd- rates /opdrates.pl 10/13/2005 COPPER CENTER 09/16- 05/15 99 50 29 13 CORDOVA 05/01 09/30 110 59 34 15 CORDOVA 10 /01 04/30 85 58 33 14 CRAIG 04/15- 09/14 125 51 30 13 CRAIG 09/15- 04/14 95 49 29 12 DEADHORSE 01 /01 12/31 95 54 31 13 DELTA ]UNCTION 01/01- 12/31 89 60 34 15 DENALI NATIONAL PARK 06/01- 08/31 114 48 28 12 DENALI NATIONAL PARK 09/01 - 05/31 80 46 27 11 DILLINGHAM 01 /01 12/31 114 55 32 14 DUTCH HARBOR- UNALASKA 01 /O1- 12/31 121 58 33 15 FAIRBANKS OSJOl 09/15 159 70 39 18 FAIRBANKS 09/16- 04/30 75 63 36 16 FOOTLOOSE 01 /01 12/31 175 14 11 4 GLENNALLEN 05/01 09/30 125 58 33 15 GLENNALLEN 10/01- 04/30 89 55 32 14 HEALY 06/01- 08/31 114 48 28 12 HEALY 09 /01- 05/31 80 46 27 11 HOMER 05/15- 09/15 125 58 33 15 https:// secureapp2 .hgda.pentagon.mil /cgi bin /pd rates /opdrates.pl 184 157 189 156 162 164 174 137 183 194 247 154 193 198 158 174 137 198 04/01/200r 04/01/2005 04/01/2005 04/01/2005 05/01/2002 06/01/2004 04/01/2005 04/01/2005 06/01/2004 04/01/2005 06/01/2004 06/01/2004 06/01/2002 04/01/2005 04/01 /2005 04/01/2005 04/01/2005 04/01/2005 162 07/01/2003 10/13/2005 �•��. yuery ttesuns ps:// secureapp2 .hgda.penta /cgi bin /pd- rates /opd rates.pl rage j ui 1 0/11 lnnc MURPHY DOME OS /Ol 09/15 159 70 39 18 MURPHY DOME 09/16- 04/30 75 63 36 16 NOME 01 /01- 12/31 120 67 38 17 NUIQSUT 01 /01 12/31 180 42 25 11 PETERSBURG 01 /01 12/31 80 50 29 12 POINT HOPE 01 /01 12/31 130 56 32 14 POINT LAY 01 /01 12/31 105 54 31 13 PORT ALSWORTH 01/01- 12/31 135 70 39 18 PRUDHOE BAY 01/01- 12/31 95 54 31 13 SEWARD 05/01 09/30 145 63 36 16 SEWARD 10 /01- 04/30 62 57 33 14 SITKA -MT. EDGECUMBE 05/01- 09/30 119 53 31 13 SITKA -MT. EDGECUMBE 10/01- 04/30 99 51 30 13 SKAGWAY OS /Ol 09/30 135 66 37 16 SKAGWAY 10/01- 04/30 98 62 35 16 SLANA 05/01- 09/30 139 44 26 11 SLANA 10/01- 04/30 99 44 26 11 SPRUCE CAPE 01 /01- 12/31 112 64 36 16 ST. GEORGE 01/01- 12/31 129 44 26 11 TALKEETNA 01 /01- 12/31 100 71 40 18 https: / /secureapp2. hgda. pentagon. mil /cgi bin /pd rates /opdrates.pl 154 204 233 142 200 172 223 162 224 133 185 163 217 176 194 154 192 184 189 06/01/200• 04/01/2005 05/01/2002 06/01/2005 03/01/1999 03/01/1999 05/01/2002 05/01/2002 04/01/2005 04/01/20(" 04/01/2005 04/01/2005 04/01/2005 04/01/2005 02/01/2005 02/01/2005 04/01/2005 06/01/2004 07/01/2002 247 06/01/2004 10/13/2005 ,GIAK UMIAT UNALAKLEET VALDEZ VALDEZ WASILLA WASILLA WRANGELL WRANGELL [OTHER] 01/01 12/31 01/01 12/31 01/01 12/31 05/01- 10/01 10/02- 04/30 05/01- 09/30 10/01 04/30 05/01- 09/30 10/01 04/30 01/01- 12/31 01 /01 12/31 100 180 79 129 79 134 80 135 98 110 80 31 86 64 59 55 62 58 66 62 54 44 20 47 36 34 32 35 33 37 35 31 26 8 21 16 15 14 16 15 16 16 14 11 139 287 159 203 148 212 153 217 176 178 135 07/01/2002 04/01/2005 04/01/2003 04/01/2005 04/01/2005 04/01/2005 04/01/2005 04/01/2005 04/01/2005 03/01/1999 09/01/2001 TANANA KUTAT 01/01- 12/31 120 67 38 *Use the OTHER rate if neither the CITY nor MILITARY INSTALLATION is listed. Request a review of a Per Diem Rate. Find out more about (Prop. Meals) Proportional Per Diem? Per Diem Rates 17 204 04/01/2005 https://secureapp2.hqda.pentagon mil /cgi- bin /pd- rates /opdrates.pl 10/13/2005 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 20, 2005 Item No. 13.D.1 Acknowledging Receipt of the Architectural /Engineering Review Board's Recommendation for Architectural and Construction Services to Assist the KIB in Desiging and Constructing a New Pool Facility. The Architectural /Engineering Review Board [ARB] is the review board for the KIB Assembly and the Kodiak Island Borough for recommending Architects and Engineers for public projects. In accordance with KIBC 2.45.040(A), the ARB is forwarding a recommendation to the Assembly for the architectural firm selected to accomplish the design and construction assistance to build a new pool. Through an RFP process the ARB selected 3 firms to interview: USKH of Fairbanks, ECl/Hyer of Anchorage and Architects Alaska of Anchorage and Wasilla. After conducting the interviews, the ARB, staff and technical advisors selected the firm of ECI /Hyer to perform the work. This selection is based on a qualification basis only with a contract for price to be negotiated by staff and approved by the Assembly. FISCAL NOTES: ACCOUNT NO.: 420 - 500 - 031 -195 ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to acknowledge receipt of the Architectural /Engineering Review Board's recommendation for design and construction services leading to the design and construction of a new pool facility and direct the manager to enter into contract negotiations KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 29, 2005 The Board of Education of the Kodiak Island Borough School District met in regular session on August 29, 2005, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100 1 F M and televised by GCI Cablevision. Acting Board President Roy Brown called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: A quorum was established. ALSO PRESENT: MINUTES: Scott Amdt Jeff Stephan Jordan Rodgers Betty Walters Larry LeDoux Steve Kreber The minutes of the Regular Meeting of July 25, 2005 and the Special Meetings of August 1, 2005, August 15, 2005, and August 22, 2005 were to be considered for approval and/or correction. MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of July 25, 2005, and the minutes of the Special Meetings of August 1, 2005, August 15, 2005, and August 22, 2005 as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote. RECOGNITION OF VISITORS: Norm Wooten Roy Brown Bob Meade Ron Fried Kristin Inbody Elizabeth Odell LCDR Virginia Cameron Jack Walsh Stewart McDonald Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: None CORRESPONDENCE: None PROGRAM/STAFF REPORTS: None SCHOOL BOARD REGULAR MEETING August 29, 2005 Page 2 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. UNFINISHED BUSINESS: None NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administration has five certificated contracts ready for Board approval. MOTION ELIZABETH ODELL moved to approve certificated contracts for the 2005/2006 school year to Yvonne Boudreau — MA +0/0 in the amount of $40,517 for 1.0 FTE Main Elementary School; Arlene Hood — BA +0/0 in the amount of $35,541 for 1.0 FTE Peterson Elementary School; Lori Prysock — BA +0/3 in the amount of $43,360 for 1.0 FTE Peterson Elementary School; Tonya Heitman — BA +0/6 in the amount of $47,980 for 1.0 FTE North Star Elementary School; and David Wages - MA +0/5 in the amount of $52,245 for 1.0 FTE North Star Elementary School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. 2. Purchase Requisition Number 459006012 — This purchase requisition is for the annual fee for maintenance and continued technical support for staff members who utilize the PowerSchool database. MOTION NORM WOOTEN moved to approve Purchase Requisition Number 459006012 to Apple Computer, Inc., in the amount of $10,959.20. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote. FUTURE BUSINESS: 1. The meeting schedule for September calls for a Work Session on Monday, September 12, 2005 in the District's conference room and a Regular Meeting on Monday, September 26, 2005 in the Borough Assembly Chambers. 2. Anchorage School District EEO administrator Margo Bellamy will be visiting Kodiak on September 6 -8, 2005 to work with students, staff, parents and other community members regarding harassment, bullying and school safety. SCHOOL BOARD REGULAR MEETING August 29, 2005 Page 3 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. BOARD COMMENTS: 1. Jordan Rodgers welcomed everyone back to school and wished them a good year. 2. LCDR Cameron also welcomed everyone back to school. 3. Norm Wooten extended his thanks to staff and asked the listening audience to be aware of school zones and to drive carefully. 4. Scott Arndt also welcomed back staff and students. 5. Jeff Stephan welcomed back staff and students and wished them a safe and productive school year. 6. Elizabeth Odell echoed the sentiments of her colleagues. 7. Roy Brown thanked community members for their involvement in recent issues and congratulated the football team on their recent win. ADJOURNMENT: JEFF STEPHAN moved to adjourn the Regular Meeting. SCOTT ARNDT seconded the motion. There being no further business, Acting President Roy Brown adjourned the Regular Meeting at 7:16 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 26, 2005. . .M. 93. 9-o. the Board ectfu Sub fitted - . heila Roberts Administrative Assistant KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 6, 2005 The Board of Education of the Kodiak Island Borough School District met in special session on September 6, 2005, in the School District Conference Room. Acting Board President Roy Brown called the meeting to order at 12 p.m. ROLL CALL was taken, and the following members were present: Jeff Stephan Delayed: Elizabeth Odell Absent: Norm Wooten, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused ADJOURNMENT Special Meeting at 12:05 p.m. Scott Arndt Roy Brown A quorum was established. ALSO PRESENT: Betty Walters Dave Jones Jack Walsh NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administrators have three recommendations for certificated contracts prepared for Board approval. MOTION JEFF STEPHAN moved to approve certificated contracts for the 2005/2006 school year to Petra Strassberg — BA +36/5 in the amount of $49,757, plus $338 village stipend and $338 special education stipend for 1.0 FTE Old Harbor School; Monique Grasso — BA +0 /0 in the amount of $33,849 for 1.0 FTE Peterson Elementary School; and David Wesolowski — BA +0/0 in the amount of $32,719 for 1.0 FTE Kodiak High School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. MOTION SCOTT ARNDT moved to adjourn the Special Meeting. JEFF STEPHAN seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Acting Board President Roy Brown-adiourned the T ECIEOVE SEP 3 0 2005 BOROUGH CLERK'S OFFICE SCHOOL BOARD SPECIAL MEETING September 6, 2005 Page 2 Respectfully submitted, Sheila J. Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 26, 2005. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 12, 2005 The Board of Education of the Kodiak Island Borough School District met in special session on September 12, 2005, in the School District Conference Room. Acting Board President Roy Brown called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Scott Arndt Absent: Jeff Stephan, excused A quorum was established. ALSO PRESENT: Betty Walters Jack Walsh Ron Fried Mel LeVan Larry LeDoux Stewart McDonald NEW BUSINESS: Elizabeth Odell LCDR Virginia Cameron Dave Jones Bob Meade Chris Aguirre Barbara Bolson Heather Wheeler David Kitzler Roy Brown Jordan Rodgers Bill Watkins Karen Winkler Porfiria Lopez -Trout Bob Tucker Kristin Inbody Jay Barrett 1. 2005/2006 Certificated Contracts — Administrators have three recommendations for certificated contracts prepared for Board approval. MOTION NORM WOOTEN moved to approve certificated contracts for the 2005/2006 school year to Nicole Sherman — BA +0 /0 in the amount of $32,157 for 1.0 FTE Peterson Elementary School; Spruce Lynch — MA +0/3 in the amount of $45,267, plus $333 village stipend for 1.0 FTE Big Sandy Lake School; and Ken Cole — MA +36/8, in the amount of $14,809, plus $85 village stipend for 1.0 FTE (45 days) Karluk School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 2. 2005/2006 Big Sandy Lake School and Karluk School Calendars.— Big Sandy Lake School and Karluk School have re- opened for the 2005/2006 school year with 12 and 10 students respectively. - 1 , ECP WE SEP 3 0 2005 BOROUGH CLERK'S OFFICE SCHOOL BOARD SPECIAL MEETING September 12, 2005 Page 2 MOTION NORM WOOTEN moved to approve the 2005/2006 Big Sandy Lake School and Karluk School calendars as presented. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote of all members present. ADJOURNMENT MOTION NORM WOOTEN moved to adjourn the Special Meeting. SCOTT ARNDT seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Acting Board President Roy Brown adjourned the Special Meeting at 7:07 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 26, 2005. Res, ectfully submitted, Sheila J. Roberts Administrative Assistant The Board of Education of the Kodiak Island Borough School District met in special session on September 22, 2005, in the Borough Assembly Chambers. Acting Board President Elizabeth Odell called the meeting to order at 12 noon. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Elizabeth Odell Absent Roy Brown, excused Jeff Stephan, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters Larry LeDoux Jack Walsh NEW BUSINESS: ADJOURNMENT KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 22, 2005 Dave Jones Bud Cassidy Scott Arndt Bob Tucker Ken Smith E C E D V S E P 3 0 2005 BOROUGH CLERK'S OFFICE 1. 2005/2006 Certificated Contracts — Administrators have one recommendation for a certificated contract prepared for Board approval. MOTION NORM WOOTEN moved to approve a certificated contract for the 2005/2006 school year to Pamela Goodman — BA +18/5 in the amount of $43,964, plus $314 special education stipend for 1.0 FTE District -wide Special Education. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. MOTION NORM WOOTEN moved to adjourn the Special Meeting. SCOTT ARNDT seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Acting Board President Elizabeth Odell adjourned the Special Meeting at 12:09 p.m. '1 SCHOOL BOARD SPECIAL MEETING September 22, 2005 Page 2 k of the Board Res. -ctfully .mitted, Karen . E Executive Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 26, 2005. Minutes Architectural Review Board 29 March 2005 7:O0pm KIB Conference Room 11":5)E CEOVE 11 11 OCT 1 1 2005 BOROUGH CLERK'S OFFICE A. Call to Order Chairman Scott Arndt called the meeting to order at 7:O5pm. B. Roll Call Present were: Board Members Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling and Brent Watkins. Absent Members were Mike Anderson and Jay Johnston. Also in attendance were Robert Tucker [KIBSD], Gary Carver and Laura Kelly. In attendance from the KIB E/F Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. The Chair asked for a motion excusing those Members absent. A motion was made and seconded to excuse absent Members. There was a unanimous affirmative voice vote. C. Approval of Agenda B. Watkins moved and G. Hacker seconded a motion to approve the Agenda. There was an affirmative unanimous voice vote. D. Approval of Minutes The Chair 'asked that a motion be made to approve the 3 sets of Minutes received at the previous meeting [10 May, 9 June and 14 Sept. 2004] and the Minutes for the 15 March 2005 meeting. B. Watkins so moved and G. Hacker seconded the motion. There was an affirmative unanimous voice vote. E. Review /Scoring of Proposals for Seismic Valuation B. Cassidy said that the proposals received were quality proposals and that at this meeting the Board would be tasked with scoring them and deciding upon a "short list ". The short listed firms would then be invited to be interviewed by the Board. \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARB 29 Mar 2005.doc Page 1 of 2 The Chair asked Board Members, and the interested parties in attendance, to list their choices for a short list. After polling those present, the top five firms selected were: G &E Engineering Systems, Inc., Degenkolb, ABS, Coffman Engineers, Inc. and Hohbach- Lewin, Inc. G. Carver asked if the Board would be interviewing the firms' representatives in person. B. Cassidy responded in the affirmative. There was continued discussion re the interview process and the Board concurred in extending an invitation to the top 5 candidates. The Chair thanked all for their efforts in reviewing the Proposals. F. Scheduling of Next Meeting S. Arndt suggested the w/o 4/18/05 for scheduling the interviews. Wednesday and Thursday evenings [20 -21] were set aside to accommodate all 5 firms. There was discussion re the interview procedure and what type of firm members should be part of the interview process. There was a consensus that the Board would like to be able to interview a structural engineer, a geotechnical person, a project manager and a firm member who would be able to speak to funding [FEMA] issues. G. Adjournment The Chair adjourned the meeting at 7:47pm. Respectfully submitted: err .� -. Star Date: aron Lea A. % ecretar KIB Engineering /Facilities Dep' Approved by: Scott Arndt, Chair Architectural Review Board Date: / — /s — 2 0 0r \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARB 29 Mar 2005.doc Page 2 of 2 Kodiak Island Borough Assembly Newsletter Vol. FY2006, No. 6 Published Bi- Monthly October 21, 2005 At its Regular Meeting of October 7, 2005, the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED a Fifteen Year Longevity Award to Sharon Blakeslee, Programmer /Analyst in the Management Information Department. PRESENTED a Five Year Longevity Award to Brian Smith, Baler Operator in the Engineering and Facilities Department. PRESENTED the Employee of the Quarter Award to Alan Torres, Landfill Supervisor in the Engineering and Facilities Department. PRESENTED the Employee of the Quarter Award to Tracy Mitchell, Environment Specialist in the Engineering and Facilities Department. AMENDED, ADOPTED Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. APPROVED Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d/b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. APPROVED Contract No. FY2006 -19 for Purchase of P -25 Radio Equipment with Aksala Electronics, Inc. for the purchase of P25 radio equipment in the amount of $39,377. APPROVED Contract No. FY2006 -20 Sole Source Contract for the Preparation of a Pre - Disaster Mitigation Plan with Goettel & Associates, Inc. of San Francisco, CA in the amount of $34,000. APPROVED Contract No. 95-47D Amending Contract No. 95-47 Collective Bargaining Agreement with the IBEW Union to include a one -year extension of the contract and approval of a 2.5 percent Cost of Living Allowance (COLA) increase for all union and non -union Borough employees effective January 1 2006. ADOPTED Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. ADOPTED Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and Conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. ADOPTED Resolution No. FY2006 -15 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Rural Communities Capital Improvement Projects Priority List. ADVANCED Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions to public hearing on October 20, 2005. ADVANCED Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem to public hearing on October 20, 2005. ACKNOWLEDGED RECEIPT of the Architectural/Engineering Review Board's Recommendation for Architectural and Construction Services to Assist the KIB in Designing and Constructing a New Pool Facility and Directed the Manager to Enter into Contract Negotiations with ECI Hyer of Anchorage. ADMINISTERED Oath of Office to Newly- Elected Assemblymembers Tom Abell, Sue Jeffrey, and Mel Stephens. PRESENTED Plaques to Outgoing Assemblymembers Tuck Bonney and Nancy Wells. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on THURSDAY, November 3, 2005 at 7:30 p.m. in the Borough Assembly Chambers. M -ek. S� t ,as (c,I( 2 e 14 6 41 Ac l ),,,pi nrhG ail% 1 z Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: /0�1o�gaMr Please print your name if? EI Cn te a 0 0 o q a. 0 2. 0 II Ms Williams II Ms. Wells II Mr. Ramey II Mr. Oswalt II IVIS. nra[1n II Mr. Bonney II Mr. Abell CA eli 0 ` .S 0 a ` CC ` C v II-=- z Ms. Williams I Ms. Wells Mr. Oswalt Ms. Branson Mr. Bonney Mr. Abell Q n 0 a �c c ....__ G .< .. TOTAL Ms. Williams Ms. Wells Mr. Oswalt 1 Mr. Bonney Mr. Abell .< TOTAL Ms. Williams Ms. Wells , Mr. Ramey Mr. Oswalt Ms. Branson , Mr. Bonney P a/ Mr. Abell iota Pi 9 ot .9- --1 \ \ \\ \ \ \ , o z TOTAL Ms. Williams Ms. Wells , Mr. Oswalt Mr. Rannev , Ms. Branson Mr. Bonnev Mr. Abell 0 .-k \ \ \ .< 0 z if? EI Cn te a 0 0 o q a. 0 2. 0 1 Ms. Williams I' Ms. Wells Mr. Oswalt Ms. Branson P V Mr. Bonney Mr. Abell X re SJ v (/) o to wi ` I4c z TOTAL rt .......... ,.e., as Ms. Williams Ms. Wells T Mr. Oswalt 0 Ms. Branson Mr. Bormey Mr. Abell CO CO Q • jl Ms. Williams I Ms. Wells Mr. Ramey Mr. Oswalt Ms. Branson Mr. Bonney Mr. Abell VI LV TOTAL Ms Williams Ms Wells Mr. Ramey Mr. Oswalt Ms. Branson Mr. Bonney Mr. Abell 41 1 LP 0 l TOTAL Ms. Williams pfd 1 Ms. Wells Mr. Oswalt i Ms. Branson Mr. Bonney Mr. Abell 1✓ IV 1'1I z 5 N a 0 f OP Ma Williams Ms. Wells li 1Vll. Minty Mr. Oswalt Ms. Branson Mr. Bonney I Mr. Abell c0 to g `.. _ o s .. V � TOTAL In raw an fin) Mr. Oswalt Mr. Rann- Ms. Wells Ms. Williams Ms. Branson Mr. Bonney Mr. Abell <«< I v narriey Ms. Wells Ma Williams 1 Mr. Oswalt ar_ n Ms Branson ift Mr. Bonney Mr. Abell v LV I✓ Ms. Wells Ms. Williams TOTAL Ms. Branson Mr. Oswalt Mr. Raney Mr. Bonney Mr. Abell J< «< 1 1 II Ms. Branson Mr. Oswalt Mr. d Ms. Wells L A Ms. Williams TOTAL Mr. Bonney Mr. Abell C 0 1 s1 z i OP 0 0 a 0 tro Ms Williams Ms. Wells I Mr. Ramey 1 Mr. Oswalt Mr. Bonney I Mr. Abell n 0 R- by -----c0 c, -p ` fl II " II TOTAL Ms Williams Ms Wells „1 Mr. Ramey Mr. Oswalt Ms. Branson Mr. Abell n o MI `. I Jr Ms Williams Ms. Wells Mr. Ramey Mr. Oswalt Ms. Branson Mr. Bonney Mr. Abell TOTAL Ms Williams Ms Wells Mr. Ramey Mr. Oswalt Ms. Branson Mr. Bonney Mr. Abell Second: TOTAL Ms- Williams Ms. Wells Mr. Rannev Mr. Oswalt I , Ms. Branson Mr. Bonney Mr. Abell 1�1I 0 0 a 0 tro Manager's Report October 20, 2005 Personnel: Currently the Borough is advertising for a Senior Systems Analyst for the MIS Department. Application Deadline is November 15, 2005. The Borough's recently adopted Capital Projects Priority List has been sent to the Governor, Senator Gary Stevens and Representative LeDoux. We have also invited Senator Gary Stevens and Representative LeDoux to the Assembly's December 8 work session to discuss the Capital Projects Priority List and other legislative issues. Among many things, staff is currently working on an RFP for a consultant to review and make recommendations on the Borough's solid waste operations, including the collections and all the way to the various disposal alternatives. I hope to be able to discuss some of my ideas and concerns with the Assembly concerning the Borough's solid waste operations at a future Assembly work session. With regard to concerns that I've heard all summer long about violations of littering and illegal dumping, staff is going to start an education campaign to encourage residents to not litter or conduct illegal dumping and to help the Borough enforce these types of violations. That education campaign will read similar to the following and will be distributed through the various media available on the island as a way to get the information out: The Kodiak Island Borough will begin to apply enforcement of complaints and other violations including littering and illegal dumping. Littering and illegal dumping include: ❖ Bulky household items left next to dumpsters ❖ Trash or other waste items not placed within dumpsters ❖ Abandonment of vehicles on Borough property ❖ Commercial or Construction waste disposed of in public residential dumpsters Enforcement will include the issuance of a $300 fine for the first offense and $1000 for second and subsequent offenses. Bulky household items should be taken directly to the landfill or call Kodiak Sanitation (486 -5308) and they will come and pick it up. Kodiak Island Borough October 20, 2005 - 7:30 p.m. 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any absent Assemblymembers. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES 6. AWARDS AND PRESENTATIONS A. Longevity Awards - Manager Gifford B. Employee of the Quarter - Manager Gifford Assembly Guidelines Regular Meeting Assembly Chambers A. Kodiak Island Borough Assembly Special Meeting of June 30 and Regular Meeting of September 1, 2005. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Kodiak Island Borough Assembly Guidelines October 20, 2005 Page 1 8. COMMITTEE REPORTS - None 9. PUBLIC HEARING A. Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. Recommended motion: Move to adopt Ordinance No. FY2006 -03. Staff Report - Manager Gifford. Recommended motion: Move to amend Ordinance No. FY2006 -03 Section 17.26 070(H) by adding the words: 'No addition or combination of additions shall extend in the vertical dimension beyond the maximum height of the horizontal plane established by the existing mobile home ". ROLL CALL VOTE ON MOTION TO AMEND Open public hearing. Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800- 478 -5736 Public Testimony is limited to five minutes per speaker. Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO ADOPT 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. The motion before the Assembly is: to approve Contract No. 97 -07B with Providence Health System - Washington d /b /a Providence Health System in Alaska. (Clerk's note: attached on white paper is the proposed supply amendment, the changes to section 17, and EXHIBITS A, B, C, and D.) Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines October 20, 2005 Page 2 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -19 for Purchase of P -25 Radio Equipment. Recommended motion: Move to approve Contract No. FY2006 -19 with Aksala Electronics, Inc. for the purchase of P25 radio equipment in the amount of $39,377. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON 2. Contract No. FY2006 -20 Sole Source Contract for the Preparation of a Pre - Disaster Mitigation Plan. B. RESOLUTIONS Recommended motion: Move to approve Contract No. FY2006 -20 with Goettel & Associates, Inc. of San Francisco, CA in the amount of $34,000. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON 3. Contract No. 95 -47D Amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union. Recommended motion: Move to approve Contract No. 95 -47D amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union to include a one -year extension of the contract and approval of a 2.5 percent Cost of Living Allowance (COLA) increase for all union and non -union Borough employees effective January 1, 2006. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON 1. Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. (Clerk's note: attached on blue paper is the revised version that is available to the public.) Recommended motion: Move to adopt Resolution No. FY2006 -14. Staff report - Clerk Nielsen Assembly discussion. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines October 20, 2005 Page 3 2. Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and Conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. (Clerk's note: attached on pink paper is the revised version that is available to the public.) Recommended motion: Move to adopt Resolution No. FY2006 -06A. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON 3. Resolution No. FY2006 -15 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Rural Communities Capital Improvement Projects Priority List. (Clerk's note: attached on green paper is the resolution that is available to the public.) Recommended motion: Move to adopt Resolution No. FY2006 -15. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOT /ON C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. Recommended motion: Move to adopt Ordinance No. FY2006 -04 in first reading to advance to public hearing on November 3, 2005. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem. (Clerk's note: attached on white paper is the ordinance that is available to the public.) Recommended motion: Move to adopt Ordinance No. FY2006 -05 in first reading to advance to public hearing on November 3, 2005. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS Kodiak Island Borough Assembly Guidelines October 20, 2005 Page 4 1. Acknowledging Receipt of the Architectural /Engineering Review Board's Recommendation for Architectural and Construction Services to Assist the KIB in Designing and Constructing a New Pool Facility. Recommended motion: Move to acknowledge receipt of the Architectural/ Engineering Review Board's recommendation for design and construction services leading to the design and construction of a new pool facility and direct the manager to enter into contract negotiations. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Oath of Office to Newly- Elected Assemblymembers. The Borough Clerk will administer the Oath of Office to Newly - Elected Assemblymembers Tom Abell, Sue Jeffrey, Reed Oswalt, and Mel Stephens. 3. Presentation to Outgoing Assembly Members. Deputy Presiding Officer presents the plaque to out -going Assemblymember Nancy Wells. Senior Assemblymember Abell presents the plaque to out -going Assemblymember Tuck Bonney. 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly will meet in a work session on Thursday, October 27, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, November 3, 2005 at 7 :30 p.m. in the Assembly Chambers. The Borough's sale of foreclosed properties by outcry auction will be held on Saturday, October 22 in the Assembly chambers beginning at 9 :00 a.m. The Borough's Land Sale # 15 outcry auction will be held on Saturday, October 22 in the Assembly chambers beginning at 1 :00 p.m. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines October 20, 2005 Page 5