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2011-02-03 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 3, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*u) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting of January 6, 2011. 6. AWARDS AND PRESENTATIONS A. National Teen Dating Violence Awareness and Prevention Month 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 A. Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough In Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of The Kodiak Island Borough. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -22 Supply and Installation of Digital HVAC Control for the Main Air Handler Unit in the Borough Building. 2. Contract No. FY2011 -23 Supply and Installation of Digital HVAC Controls for Karluk School. B. Resolutions 1. * Resolution No. FY2011 -16 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2011 and Establishing the Date When Taxes Become Delinquent. 2. Resolution No. FY2011 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2011 -2015. 3. Resolution No. FY2011 -18 Authorizing the Borough To Issue General Obligation School Bonds, 2011 Series A In the Principal Amount Not To Exceed $8,000,000 To Provide Funds For School and Related Capital Improvements In the Borough and To Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. C. Ordinances for Introduction - None. D. Other Items 1. Confirmation of the Assembly Appointment to the Board of Equalization. 2. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fisheries and Oceanic Research Board Regular Meeting of November 2, 2009. 2. Parks and Recreation Committee Regular Meetings of October 26, 2010, November 23, 2010, December 14, 2010, and December 28, 2010. 3. Service Area No. 1 Board Regular Meeting of December 6, 2010. B. Reports 1. Kodiak Island Borough School District Regular Meeting Summaries of November 22, 2010, and December 13, 2010, and Special Meeting Summaries of December 20, 2010, and January 10, 2011. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 6, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 6, 2011, 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 Mr. Ron Painter. Deputy Presiding Officer Friend led the Pledge of Allegiance. Present were Deputy Presiding Officer Friend, Assembly members Carol Austerman, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Mayor Selby who was absent due to personal reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. JEFFREY moved to amend the agenda by adding Executive Session Item 14.A Review of an Order Denying a Litigant's Motion for Partial Summary Judgment and Granting Borough's Motion for Summary Judgment. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. APPROVAL OF MINUTES A. Regular Meeting Minutes of December 2, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Deputy Presiding Officer Friend presented the Student of the Month Award for December 2010 to Jayse Taan, a senior at Kodiak High School. Dr. Robert Foy, NOAA Fisheries Laboratory Director gave a presentation on Ocean Acidification and Coastal Kodiak. CITIZENS' COMMENTS Richard Walker addressed the Assembly on suggested improvements to parks in Kodiak specifically addressing the six -lane track and resurfacing of Baranof field. COMMITTEE REPORTS Matt Jamin gave an update on the financial status between Exxon and the Kodiak Island Borough. He also reported that the issue of Exxon documents being retained under protective order would be resolved within the next month. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 1 PUBLIC HEARING A. Ordinance No. FY2011 -08 Determining the Disposition of Tax Foreclosed Properties from 2008 and Prior Tax Years, Establishing Intention to Surplus and Sell the Same, Finding that a Public Need Does not Exist for These Properties, and Authorizing Land Sale Number Seventeen Terms and Conditions. JEFFREY moved to adopt Ordinance No. FY2011 -08. The Kodiak Island Borough acquired real properties as a result of the tax foreclosure procedure from 2008 and prior tax years. Staff followed AS 29.45.460 Disposition and Sale of Foreclosed Property. The Planning and Zoning Commission reviewed the list of 2008 and prior tax years for foreclosed properties as required by KIBC 18.10.030, conducted a public hearing on the disposition of the subject parcels, and made a formal recommendation to the Assembly. The Manager recommended that the tax - foreclosed parcels be declared not to be of "public need" and be offered at a future Borough land sale. Staff recommended a sealed bid auction be conducted in Spring 2011. The bidders would be required to enclose a 10% deposit based on the minimum bid amount shown in the bid packet. The remaining balance would be required to be paid within thirty days. Manager Gifford explained that the dates of the bid opening had changed due to the cancellation of the Assembly meeting of December 16, 2010, and a future amendment would be submitted for Assembly approval. Deputy Presiding Officer Friend opened the public hearing. Seeing and hearing none, Deputy Presiding Officer Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. B. Ordinance No. FY2011 -09 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. KAPLAN moved to adopt Ordinance No. FY2011 -09. Certain real property was deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. The Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 at a public hearing in June 2008. They were declared surplus to "public need" by the Assembly (Ordinance No. FY2009 -05) and determined to be available for future land sale. The United Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T30S R28W SM, Tax Lot 1811 Zachar Bay and parcel T31S R28W SM, Tax Lot 2903 Amook Bay at fair market value from the Borough. Each of these parcels was approximately ten acres.ln a letter dated September 3, 2010, USFWS tendered a fair market value offer of $18,000 for parcel T30S R28W TL 1811 Zachar Bay and a fair market value offer of $15,000 for parcel T31S 28W TL 2903 Amook Bay. Both of these offers were based on an approved appraisal, and confirmed as fair market value by the Borough Assessor. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS promoted efficient management for public recreation and refuge for wildlife consistent with the goals and objectives of the comprehensive plan. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 2 Deputy Presiding Officer Friend opened the public hearing. Seeing and hearing none, Deputy Presiding Officer Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. C. State of Alaska Alcoholic Beverage Control Board Liquor License Application for the Transfer of Ownership (Stock Transfer Only) for the Mecca Lounge, 302 W. Marine Way,Kodiak, AK. (Applicant: Mecca Inc.) STUTES moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Request for the Transfer of Ownership (Stock Transfer Only) for the Mecca Lounge, 302 W. Marine Way, Kodiak, AK. (Applicant: Mecca Inc.) The Clerk's office followed KIBC 5.01.030 New License and Transfer Procedure. After investigation, it was determined that the Borough had no interest that could be protected by protesting the application. One hundred seventy -two public hearing notices were sent out; one non - objection notice was received and was provided to the Assembly. Deputy Presiding Officer Friend opened the public hearing. Seeing and hearing none, Deputy Presiding Officer Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported that Manager Gifford was on vacation and would be returning January 12, 2011. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -20 Civil Engineering Consulting Services. STUTES moved to authorize the manager to execute Contract No. FY2011 -20 with Lounsbury & Associates, Inc. of Anchorage, Alaska for the Civil Engineering Consulting Term Contract in an undetermined amount and for a term of three years with the option to extend for two additional years. The Kodiak Island Borough was in need of various professional services related to civil engineering. On August 6, 2010, the Kodiak Island Borough solicited for proposals to provide civil engineering and consulting services for a term of three years with the option to extend for two additional one year periods. By September 2, 2010, nine proposals were received and the solicitation was closed as advertised. Four shortlisted firms were presented to the evaluation team resulting in the selection of Lounsbury & Associates, Inc. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 3 The scope of work would include assistance with planning, design, and estimating for projects such as road improvements, drainage, trails, subdivision reviews, fish - passage road crossings, traffic studies, and land surveys. Work would be authorized as a task order based on cost estimates and paid on a time expenses basis in accordance with the agreed fee schedule. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Resolutions 1. Resolution No. FY2011 -14 Adopting a Federal Capital Improvement Program for Federal Fiscal Year 2012. KAPLAN moved to adopt Resolution No. FY2011 -14. The resolution designated the Borough's top five federal legislative capital improvement project priorities for federal fiscal year 2012. They were the projects that the Borough forwarded to its congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Resolution No. FY2011 -15 Certifying the FY2011 Shared Fisheries Business Tax Program Application To Be True and Correct. JEFFREY moved to adopt Resolution No. FY2011 -15. AS 29.60.450 required that a municipality participate in the FY2011 Shared Fisheries Business Tax Program, the municipality demonstrates to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2008 from fisheries business activities. The Department of Community and Economic Development prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2009. 3AAC 134.100 required the governing body of the municipality to include with the municipality's FY2011 program application an approved resolution certifying the information contained in the application to be true and correct. The resolution certified the information contained in the Kodiak Island Borough FY2011 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 4 Ordinances for Introduction 1. Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). JEFFREY moved to adopt Ordinance No. FY2011 -10 in first reading to advance to public hearing at the next regular meeting of the Assembly. At its regular meeting of November 19, 2010, the Planning and Zoning Commission held a public hearing on Case 11 -008 Painter Family Trust. After the public hearing, the Commission found that a rezone from RR -Rural Residential to B- Business was justified in the context of surrounding development and the expressions of support from nearby residents. The Commission deferred adoption of the findings of fact for this case until its regular meeting on December 15, 2010. The Commission, in addition to finding the request consistent with the comprehensive plan, also provided certain recommendations to accompany this request regarding screening and concerns about traffic congestion. The Kodiak Island Borough Planning and Zoning Commission recommended the approval of this zoning change. CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. Other Items 1. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications for Kalsin Bay Inn, Lic. #622 (Package Store) and Kalsin Bay Inn, Lic. #621 (Beverage Dispensary). (Applicant: Wayne L. Sargent) STUTES moved to voice protest to the State of Alaska Alcoholic Beverage Control Board for the renewal application for the Kalsin Bay Inn, Lic. #622 (Package Store) and Lic. #621 (Beverage Dispensary) (Applicant: Wayne Sargent) based on unpaid taxes. After the Clerk's office routine investigation following KIBC 5.01.020 License renewal procedure, it was determined that the Borough voice protest based on unpaid taxes. ROLL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. 2. Confirmation of Assembly Appointment to the Board of Equalization. JEFFREY moved to confirm the Assembly appointment of Ms. Cheryl McNeil to the Board of Equalization alternate seat for a term to expire December 2013. Two seats on the Board of Equalization expired December 31, 2010, one regular seat and an alternate seat. One application was received from Ms. Cheryl McNeil on December 1, 2010, for the alternate seat for a term to expire December 2013. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 5 3. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission City Seat. JEFFREY moved to confirm the mayoral appointment of Mr. Alan Schmitt to the Planning and Zoning Commission City Seat for a term to expire December 2011. The city seat was vacant on the Planning and Zoning Commission for a term to expire December 2011. An application was received from Mr. Alan Schmitt who was a City resident. His application was forwarded to the City Council for a recommendation as required by KIBC 2.105.010. At its work session of December 7, 2010, the City Council forwarded its recommendation of Mr. Schmitt's appointment to the city seat for a term to expire December 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. 4. Assembly Direction to the Treasurer /Finance Director to Publish the 2010 Roll of Real Properties Subject to Foreclosure. KAPLAN moved to direct the Finance Director to publish the 2010 roll of real properties subject to foreclosure in a newspaper of general circulation in the Borough. Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall, within such time as the assembly directs, make up a roll in duplicate of all real property subject to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as the owner of tax - delinquent property, a description of each property as it appears on the latest tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon accruing the day six months after the day of delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the borough for the years shown. The roll shall be known as the foreclosure list of the borough for the year in which it is made up, and the original of it shall be filed with the clerk and remain open to inspection by the public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. EXECUTIVE SESSION A. Review of an Order Denying a Litigant's Motion for Partial Summary Judgment and Granting KIB's Motion for Summary Judgment. JEFFREY moved to convene into executive session to discuss a review of an order denying a litigant's motion for partial summary judgment and granting the Borough's motion for summary judgment which qualifies for executive session as pending litigation to which the Borough is a party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Deputy Presiding Officer Friend recessed the regular meeting at 9 p.m. and convened the executive session. Kodiak Island Borough Assembly Minutes January 6, 2011 Page 6 Deputy Presiding Officer Friend reconvened the regular meeting at 9:27 p.m. No action was taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members Lynch, Kaplan, Jeffrey, Austerman, Fulp, Stutes, and Friend congratulated Jayse Taan and thanked Dr. Foy for his presentation. Assembly member Jeffrey wished everyone a Happy New Year and good luck to the Joe Floyd Tournament teams. She announced that the Board of Fish reception was scheduled for January 11, 2011, and the Governor's Reception on January 16, 2011. Assembly member Stutes recognized that the Solid Waste Advisory Board had a full board and she was looking forward to more information on transfer stations. Deputy Presiding Officer Friend reported that he visited transfer stations in Hawaii and would share pictures with the Assembly. Announcements The next Assembly work session would be held on Thursday, January 13, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, January 20, 2011. The Borough Assembly would meet Saturday, January 15, 2011, at 9 a.m. at the Kodiak Fisheries Research Center to discuss the Kodiak Island Borough Strategic Plan. The Borough offices would be closed Monday, January 17, 2011, in observance of Martin Luther King Day. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting adjourned at 9:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes January 6, 2011 Page 7 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough In Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of The Kodiak Island Borough. SUMMARY: This ordinance would amend KIBC 2.20.040 and institute KIBC 2.25.040 requiring both the Borough Mayor and Assembly members to obtain Assembly approval before stating or announcing the position of the Borough on a given issue in writing or electronic form to avoid or reduce the potential for confusion and misunderstanding. Clerk's note: This ordinance was requested by Assembly member Stutes. It was placed on the agenda on November 4, 2010, addressing Mayoral communication only. During packet review, the Assembly gave direction to the Clerk to address assembly members also. The attached revision was sent to the Borough attorney for legal review and there was no objection to the proposed revisions. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: o APPROVAL FOR AGENDA: d 1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -11. Introduced by: Assembly member Stutes Requested by: Assembly member Stutes Drafted by: Assembly member Stutes Introduced: 01/20/2011 2 Public Hearing: 02/03/2011 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2011 -11 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.20 BOROUGH 10 MAYOR SECTION 2.20.040 DUTIES AND CHAPTER 2.25 BOROUGH ASSEMBL BY 11 INSTITUTING SECTION 2.25.040 REPRESENTATION OF ASSEMBLY POSITION TO 12 REQUIRE ASSEMBLY DISCUSSION OR APPROVAL BEFORE STATING OR 13 ANNOUNCING THE POSITION OF THE BOROUGH IN ANY WRITTEN OR ELECTRONIC 14 COMMUNICATION OR GIVING TESTIMONY BEFORE ANY LEGISLATIVE OR 15 REGULATORY BODY AS A REPRESENTATIVE OF THE KODIAK ISLAND BOROUGH 16 17 WHEREAS, the Mayor acts as a ceremonial head of the Borough and neither the Mayor 18 nor individual Assembly members has authority to determine or establish policy on issues of 19 interest to the Borough; and 20 21 WHEREAS, the Assembly is responsible for establishing Borough policy by ordinance, 22 resolution, or other actions; and 23 24 WHEREAS, communications initiated or signed by the Mayor which appear to announce 25 the Borough's policy or position on issues of public interest could be misleading or 26 prejudicial to the Borough's interest if the Assembly has not discussed the issues or 27 established a policy or position on the issue in question; and 28 29 WHEREAS, requiring the Mayor or Assembly members to obtain Assembly discussion or 30 approval before stating or announcing the position of the Borough on a given issue would 31 avoid or reduce the potential for confusion or misunderstanding; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH THAT: 35 36 Section 1: This ordinance is of a general and permanent nature and shall become a 37 part of the Kodiak Island Borough Code of Ordinances; 38 39 Section 3: Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section 40 2.20.040 Duties is hereby amended as follows: 41 42 2.20.040 Duties. 43 A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all 44 assembly meetings, and sign ordinances and other documents on the borough's behalf 45 upon assembly authorization. The failure of the mayor to sign an ordinance or resolution 46 does not invalidate them. 47 B. Before claiming to speak for the borough, borough assembly, and /or borough 48 residents or announcing the position of the borough in any written or electronic Kodiak Island Borough Ordinance No. FY2011 -11 Page 1 of 2 49 communication, the mayor must obtain authorization from the assembly or base such 50 communication on a good faith belief that the mayor is speaking on behalf of the 51 assembly. This subsection shall not be interpreted as restricting the mayor's right to 52 state his or her personal opinion on any issue. Official borough letterhead shall not 53 be used for any personal communications by the Mayor or any Assembly member. 54 BC. Members of boards, committees, and commissions, except for members of the board of 55 adjustment, members of the board of equalization, and elected service area board 56 members, are appointed by the mayor and confirmed by the assembly in accordance with 57 KIBC 2.100.030. 58 59 Section 3: Title 2 Administration and Personnel Chapter 2.25 Borough Assembly is 60 hereby amended by instituting Section 2.25.040 Representation of assembly 61 position as follows: 62 63 2.25.040 Representation of assembly position. 64 A. The official position of the assembly is that taken as a result of debate and vote, 65 with the prevailing majority forming the official position. 66 B. Views and opinions of individual members of the assembly are not the official 67 position of the assembly. 68 C. The assembly may authorize a member of the assembly to serve as the official 69 assembly spokesperson on a given issue. 70 D. Before claiming to speak for the borough, borough assembly, and /or borough 71 residents or announcing the position of the borough in any written or electronic 72 communication, any assembly member must obtain authorization from the assembly. 73 74 Section 3: This ordinance shall become effective upon adoption. 75 76 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 77 THIS DAY OF 2011 78 79 80 KODIAK ISLAND BOROUGH 81 82 83 84 Jerome M. Selby, Borough Mayor 85 86 ATTEST: 87 88 89 90 Nova M. Javier, MMC, Borough Clerk 91 92 Kodiak Island Borough Ordinance No. FY2011 -11 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2011 -22 Supply and Installation of Digital HVAC Control for the Main Air Handler Unit in the Borough Building. SUMMARY: KIBC 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The air handling controls and louvers in the Borough Building have been malfunctioning for many years and are identified in the Renewal and Replacement schedule for replacement. This upgrade will improve indoor air quality, reduce energy waste, and eliminate the labor expense needed to control the system manually. The scope of work includes demolition of the old pneumatic system and installation of direct digital controls of Air Handling Unit #1, domestic hot water, and heating zones. The Universal Network Controller will provide web accessible control and monitoring including email alarms. Barber - Colman DDC controls are the selected Borough standard, and have been installed in all new facilities including all schools, KFRC, and the hospital. A standardization of products, installation, maintenance and support services is a common practice for both economic and operational reasons. Standardization allows for the efficient parts inventory, training, and handling of the facilities' mechanical control systems; the systems are integrated and networked. The use of a Sole Source Preferred Product, Barber - Colman Controls and its sole vendor in Alaska, Control Contractors, Inc. of Anchorage, has been in place for many years due to the uniqueness of the services. CCI has provided an estimate of $39,123 to complete this scope of work. Payment will be made on an actual time and materials basis. Funding sources include $32,810 from the Energy block Grant and $6,313 from the Renewal and Replacement Fund. FISCAL NOTES: Account No.: 430 - 534 - 430 -140 Project # 10023.6A.E Amount Budgeted: $39,123 Expenditure Required: $39,123 APPROVAL FOR AGENDA: 4 tt- RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -22 with Control Contractors, Inc of Anchorage, AK for the supply and installation of digital HVAC controls for the main air handler (AHU #1) in the Borough Building in an amount not to exceed $39,123. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. FY 2011 -22 THIS AGREEMENT, made this 4th day of February , A.D., 2011, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Control Contractors, Inc. of Anchorage, Alaska, a Corporation, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETI -I: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to demo the old System, furnish and install the materials and to do and perform all the work and labor as per CCI Quote dated 12/3/10 Kodiak Borough Building DDC Controls to include Option 1 within the Kodiak Island Borough, Kodiak, Alaska, for the amount not to exceed Thirty Nine Thousand One Hundred Twenty Three ($39,123.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor /Manufacturer agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and /or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.1 Contract FY2011 -22 CCI Agreement Borough Building HVAC.doc Page 1 of 4 contract. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B . Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. The Contract entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 8. Standard Specifications Incorporated by reference 2. Change Orders 9. Information for Bidders 3. Addenda 10. Advertisement for Bids 4. Supplementary Conditions 11. Bid Form 5. Specifications 12. Performance and Payment Bond 6. Contract Drawings 13. Notice of Intent to Award 7. General Conditions 14. Notice to Proceed https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.1 Contract FY2011 -22 CCI Agreement Borough Building HVAC.doc Page 2 of 4 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided however, although the supplemental condition incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion/delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor /Manufacturer. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Control Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from February to June, 2011. https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.1 Contract FY2011 -22 CCI Agreement Borough Building HVAC.doc Page 3 of 4 KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: Attest: By Nova M. Javier, MMC Borough Clerk https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.1 Contract FY2011 -22 CCI Agreement Borough Building HVAC.doc Page 4 of 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2011 REGULAR MEETING ITEM NO: 13.A.2 TITLE: Contract No. FY2011 -23 Supply and Installation of Digital HVAC Controls for Karluk School. SUMMARY: KIBC 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The air handling controls at the Karluk School have been malfunctioning for many years and are identified in the Renewal and Replacement schedule for replacement. This upgrade will improve indoor air quality, reduce energy waste, and eliminate the labor expense needed to control the system manually. The scope of work includes demolition of the old 80/80 computerized system and installation of new Network 8000 direct digital controls for the following systems, Boiler, Pump Controls, Air Handler 1 &2, Baseboard controls and heating zones. The Universal Network Controller will provide web accessible controls. Barber - Colman DDC controls are the selected Borough standard, and have been installed in all new facilities including all schools, KFRC, and the hospital. A standardization of products, installation, maintenance and support services is a common practice for both economic and operational reasons. Standardization allows for the efficient parts inventory, training, and handling of the facilities' mechanical control systems; the systems are integrated and networked. The use of a Sole Source Preferred Product, Barber - Colman Controls and its sole vendor in Alaska, Control Contractors, Inc. of Anchorage, has been in place for many years due to the uniqueness of the services. CCI has provided an estimate of $52,537 to complete this scope of work. Payment will be made on an actual time and materials basis, This project is due to be funded by the Renewal and Replacement Fund. FISCAL NOTES: Account No.: 469 - 552 450 — 430 Project # 11010 - 5 Amount Budgeted: $59,400 Expenditure Required: $ 52,537 APPROVAL FOR AGENDA: /„ _ - RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2011 -23 with Control Contractors, Inc of Anchorage, AK for the supply and installation of digital HVAC controls for Karluk School in an amount not to exceed $54,500. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. FY 2011 -23 THIS AGREEMENT, made this 4th day of February, A.D., 2011 , between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Control Contractors, Inc. of Anchorage, Alaska, a Corporation, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish and install the materials and to do and perform all the work and labor required in the construction of Karluk HVAC Controls Project in the Kodiak Island Borough, Kodiak, Alaska, for the amount not to exceed Fifty Two Thousand Five Hundred thirty Seven ($52,537.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which arc by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor /Manufacturer agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and /or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.2 Contract FY2011 -23 CCI Agreement Karluk HVAC controls.doc Page 1 of 4 contract. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B . Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. The Contract entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 8. Standard Specifications Incorporated by reference 2. Change Orders 9. Information for Bidders 3. Addenda 10. Advertisement for Bids 4. Supplementary Conditions 11. Bid Form 5. Specifications 12. Performance and Payment Bond 6. Contract Drawings 13. Notice of Intent to Award 7. General Conditions 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.2 Contract FY2011 -23 CCI Agreement Karluk HVAC controls.doc Page 2 of 4 inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided however, although the supplemental condition incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One I- Iundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion /delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor /Manufacturer. The bonds given by the Contractor in the sum of 50% Payment Bond, and 50% Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Control Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.2 Contract FY2011 -23 CCI Agreement Karluk HVAC controls.doc Page 3 of 4 The terms of this agreement shall be from February to June, 2011. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: Attest: By Nova M. Javier, MMC Borough Clerk https: / /share.kodiakak.us /clerks /Shared Documents /02032011 REGULAR MEETING /13.A.2 Contract FY2011 -23 CCI Agreement Karluk HVAC controls.doc Page 4 of 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 03, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2011 -16 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2011 and Establishing the Date When Taxes Become Delinquent. SUMMARY: Alaska Statutes 29.45.240. Establishment of levy and determination of rate. (a) The power granted to a municipality to assess, levy, and collect a property tax shall be exercised by means of an ordinance. The rate of levy, the date of equalization, and the date when taxes become delinquent shall be fixed by resolution. The Board of Equalization hearing of appeals from the 2011 assessed valuations of real and personal property within the Kodiak Island Borough will be held on Monday, May 2 and Tuesday, May 3, 2011, and will continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals have been heard. This meeting(s) will start at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough. This resolution also reflects that the date taxes are due is on October 17, 2011, unless the taxpayer elects to pay the taxes in two equal installments, then the first half is due on August 15, 2011, and the second half is due on November 15, 2011. APPROVAL FOR AGENDA: /�4`� //C RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -16. Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Borough Clerk Introduced: 02/03/2010 Adopted: 1 KODIAK ISLAND BOROUGH 2 RESOLUTION NO. FY2011 -16 3 4 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 5 ESTABLISHING THE DATE FOR THE CITIZENS BOARD OF EQUALIZATION 6 HEARINGS FOR THE YEAR 2011 AND ESTABLISHING THE DATE 7 WHEN TAXES BECOME DELINQUENT 8 9 WHEREAS, part of the public notification process is the setting of dates, by resolution, of 10 Board of Equalization hearings for appeals; and 11 12 WHEREAS, the date taxes become delinquent shall be fixed by resolution; and 13 14 WHEREAS, the actions are required by Alaska Statutes 29.45.240; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH THAT: 18 19 Section 1: The Board of Equalization hearing of appeals from the 2011 assessed 20 valuations of real and personal property within the Kodiak Island Borough, 21 Alaska will be held on Monday, May 2, 2011, and Tuesday, May 3, 2011 and 22 will continue from day to day as established by the Board of Equalization and 23 the Borough Clerk until all properly filed appeals have been heard. This 24 meeting(s) will start at 7:30 p.m. in the assembly chambers of the Kodiak 25 Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. 26 27 Section 2: The date taxes are due is October 17, 2011, unless the taxpayer elects to 28 pay the taxes in two equal installments, then the first half is due on August 29 15, 2011, and the second half is due on November 15, 2011. 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF FEBRUARY, 2011 33 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 ATTEST: Jerome M. Selby, Borough Mayor 40 41 42 43 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -16 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2010 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2011 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2011 -2015. SUMMARY: The Assembly held a strategic planning session January 15, 2011, and the session culminated in the preparation of the attached resolution. APPROVAL FOR AGENDA: / RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -17. I Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Assembly 4 Introduced: 02/03/2011 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2011 -17 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ADOPTING THE KODIAK ISLAND BOROUGH 12 STRATEGIC PLAN FOR THE YEARS 2011 -2015 13 14 WHEREAS, the Kodiak Island Borough Assembly held a strategic planning session on 15 January 15, 2011; and A 16 17 WHEREAS, this session culminated in the preparation of the Kodiak Island Borough 18 Strategic Plan for the years 2011 -2015; and 19 g �� �, 20 WHEREAS, the Kodiak Island Borough Strategic Plan outlines the \Kodiak Island 21 Borough's mission, vision, and guiding principles; an 22 \ 23 WHEREAS, the Kodiak Island Borough Assembly desires a formal adoption of the Kodiak 24 Island Borough Strategic Plan; �y 25 \'= 26 NOW THEREFORE, BE IT RESOLVED■BY■THE KODIAK ISLAND BOROUGH 27 ASSEMBLY that the Kodiak Island Borough St ategic Plan for %the years 2011 -2015 which 28 outlines the Kodiak Island_ Borough's mission visiona d� guiding principles is hereby 29 adopted. \( y 30 \ 31 ADOPTED- BY ASSEMBLY OF THEKODIAK ISLAND BOROUGH 32 THIS\ i DA)OF , 2011 33 34 35 KODIAK ISLAND BOROUGH 36 : ,,` 37 38 39 Jerome M. Selby, Borough Mayor 40 41 ATTEST: 42 43 44 45 Nova M. Javier, MMC, Borough Clerk 46 Kodiak Island Borough Resolution No. FY2011 - 17 Page 1 of 14 47 48 Uland 49 50 , .' O f 51 'C r{x fi Yn 52 v *0 „, . 53 �F" ; e.5.' 5 .0 's 4 oo6i a• f 55 56 pp� 57 STRATEGIC PLAN,, y 58 (FISCAL YEARS 2011 - 201.5)( 59 Adopted by the Kodiak Island Borough Assembly 60 61 Resolution No .F FY2011, -17 62 63 KODIAK ISLAND BOROUGH'S MISSION; VI ON, AND GUIDING PRINCIPLES 64 .. 65 I. MISSION 66 To provide quality service to the ,public in a fiscally.;e \nsible manner while fulfilling 67 Borough responsibilities and exercising_powers required by Alaska Statute Title 29 and 68 the Kodiak Island Borough Code of Ordinances. 69 r 70 II. VISION �\\ 71 The Kodiak Island/Borough is trusted and respected as a leader in 72 providing the high qual of \services t the public in a cost effective, sustainable, and 73 efficient manner tha. t'is open, dynamic ed. \\ 74 / 75 III. OUR GUIDINGPRINCIPLE - -1�, -. , / 76 • A CCES S BII LT \\ 77 AA citizens and employees 'throughout the Borough, regardless of abilities, will have 78 ready access to our s ervices and facilities. Language and culture will not be barriers. N. 79 Our�operations will be�open to the public and will ensure fair and equitable treatment 80 for all \\ 81 • ACCOUNTABILIT 82 We will en p ublic funds will be administered as required by State and Federal 83 laws in a manner that maximizes services in balance with available resources. We 84 will do so in full accordance with the law and in the public interest with the highest 85 degree of integrity. 86 • CUSTOMERS 87 We will operate in a customer - driven manner both internally and externally with a 88 focus on treating all persons with courtesy and respect. We will strive to provide the 89 highest quality service and ensure customer satisfaction. 90 • DIVERSITY 91 We will treat all citizens with dignity and respect. We will demonstrate through our 92 actions an understanding and appreciation for cultural diversity and individual Kodiak Island Borough Resolution No. FY2011 -17 Page 2 of 14 93 differences. Under no circumstances will harassment or discrimination of a sexual, 94 religious, or racial nature be tolerated. 95 • VALUED EMPLOYEES AND VOLUNTEERS 96 We will enable and encourage employees and volunteers to self manage their work 97 with the expectation that they are accountable for their decisions and actions. We will 98 strive to provide and maintain quality - working conditions along with providing the 99 resources necessary for success. While recognizing the importance of each 100 member's contributions to the operation, we will nurture teamwork and recognize and 101 reward hard work, creativity, and innovation. 102 • PURSUIT OF EXCELLENCE 103 We are committed to quality and excellence, will strive for continuous improvements 104 and creativity, and will not be satisfied with "that's the wa`y; a have always done it." 105 • MISSION- DRIVEN (/`.\ \ 106 We will focus our efforts on the mission of the Kodiak Island Borough and not allow 107 needless rules and bureaucracy to get in the / way�of accom our objectives. 108 Flexibility and responsiveness, with accountability, will be the pr boundaries of 109 our operation. \ 110 • INTEGRITY, LOYALTY, AND TRUST � 111 Ethical conduct is paramount and we will workstcreate environment of trust and 112 loyalty based on open, honest, and positive interactions with whomever we have 113 contact. \\ 114 • STEWARDSHIP 115 We are committed to and expect the mo usepf the public's resources and 116 will strive to maximize the life, valu , nd utilit / of - the public property under our 117 trusteeship. \ ! 1 / ! 118 • TEAMWORK \ \� 119 We will worrp`ofessionally and cooperatively together as a team with a spirit of 120 mutual respect to accomplish_our mission, recognizing the important contributions 121 and solutions each the operation. 122 !/ \ 123 IV. KODIAK ISLAND BOROUGH \ GOALS 124 TIie;Kodiak Island Borough was created as a regional government to serve the public by 125 financing administer the primary functions of Education, Assessment and 126 Collection °y - axes, Land Use through Planning and Zoning, Mental and Physical 127 Health, and General Administration. Other services include Solid Waste Collection and 128 Disposal, Parks and Recreation, Economic Development, and Animal Control, and Fire 129 Protection and`First'FZesponder Emergency Medical Services, and other services that 130 will be provided when adopted by service areas. It is our overall goal to provide these 131 services in an efficient and cost effective manner, taking into consideration a staffing and 132 funding plan that strives for public satisfaction. The following strategies are designed to 133 accomplish these goals and are modified annually to be used as a foundation for the 134 design and implementation of the Kodiak Island Borough's annual budget. 135 136 V. KODIAK ISLAND BOROUGH'S CORE STRATEGIES 137 Overall strategic theme: To build and maintain credibility, trust, and accountability to the 138 public. We must continually work to improve our services and allocate our resources 139 wisely. We must listen carefully to our citizens and to fully and effectively inform them of 140 how our actions are addressing their needs and concerns. Kodiak Island Borough Resolution No. FY2011 - Page 3 of 14 141 142 Table of Powers 143 144 MANDATORY POWERS 145 A. Education 146 B. General Administration and Finance 147 C. Tax Assessment and Collection 148 D. Planning and Zoning 149 150 ADOPTED POWERS 151 E. Emergency Services Planning 152 F. Community Health (restricted area - wide)' 153 G. Solid Waste Collection and Disposal (non area -wide, outside cities, 154 except City of Kodiak) 155 H. Parks and Recreation (non area -wide, outside cities) ities) 156 I. Economic Development (non area -wide, outside cities) 157 J. Animal Control (non area -wide, outside cities) 158 K. Road Maintenance and Construction (service areas) 159 L. Street Lighting (service areas) `\ \ .7 160 M. Fire Protection and First Responder Emergency Medical Services 161 (service areas) 162 163 A. Education Goals and Objectives 164 1. Pursue increased funding at the statee and federal level to%' `' offset the local cost for 165 education. \V'''''') � 166 a. Maintain a vigilant and active\obbying' effort—to ensure a strong voice for 167 education at the state and federaklevel. 168 b. Continue toactively \ participate and, support regional organizations such as the 169 Alaska Municipal League and the Southwest Alaska Municipal Conference as 170 vehicles for increased funding for education. N. 171 c. Continue to ssupport and "pursues statewide fewide Borough formation and school district 172 consolidation in order t reate a fairer distribution of the cost of education. 173 d. /Supportdlegislative to adopt a cost differential foundation formula program 174 that will address the additional cost of education in rural areas. 175 --,e. Encourage the Legislature to forward fund education. 176 fEncourage the\Sfate Legislature to continue funding school construction to the 177 maximum. j 178 g. Work with all educational programs through the state -wide workforce advisory 179 council toamake adjustments for the long -term. 180 N L'/ 181 2. Continue to improve on our positive and cooperative working relationship and with 182 the KIBSD tormaximize efficiency and positive outcomes. 183 a. Maintain an ongoing and open dialogue between the Borough and KIBSD 184 including quarterly joint work sessions. 185 b. Annually review all in -kind projects and operations prior to budget preparations 186 by both bodies, and stipulate service types, levels and agreed costs and financial 187 plans. Provide annual funding for maintanence projects on an ongoing basis. This adopted power is restricted to Hospital and Mental Health services only. Kodiak Island Borough Resolution No. FY2011 -17 Page 4 of 14 188 c. Annually review with KIBSD all facilities and generate a comprehensive needs 189 and condition survey for incorporation into Item A.2.a b. which documents a short 190 (one -year) and long (six -year) plan to address funding, staffing, and projects to 191 address any deficiencies for each facility. 192 d. Encourage the KIBSD to fully fund annual maintenance needs of facilities. 193 e. Create a long -term fiscal plan for budget purposes that deals with the 194 contribution cap and the fiscal shortfalls projected that minimizes negative 195 impacts on school district operations and ensures solid educational programs 196 and adequate maintenance and operations of school facilities. 197 f. Seek cooperative solutions to educational needs that are balanced, sustainable, 198 and effective. 199 200 3. Continue with the current momentum towards addressing,the physical condition and 201 safety needs of educational facilities to ensure saferhealthy, sustainable, and well - 202 maintained facilities that are conducive to a positive learning -e`nvironment. 203 a. Develop and proceed with the planning, detigr and constrbction of school and 204 related capital improvements as approved / by t v oters. 205 b. Continue to seek funding for student- afety projects including safe student 206 access to school facilities. / 207 c. Build partnerships with other entities . and sSeek N. 208 additional funding for capital improveme =� e _ • _ e ` - - • _ • _ _ 209 conctructod duo to cignificant construction c o o t.incroacos cinco votor approval 210 and sad-- efbends. \\ 211 d. In conjunction with the school.distnct, develop programwplans that will improve 212 f,�repla acility maintenance, renewal cement, and guide facility planning into the 213 future. \\ >7." ----,-7 214 e. Develop a funding strategy that a maintenance needs are adequately 215 funded. 7;--..,:\,, � V 216 f. Support vocational \educational programs that address regional needs and 217 includee co 'effort betweenNeducational providers and employers. This 218 endeavor will,incfude)possible renovation of the existing voc -ed space to create a 219 community voc ed ' facifity-thafis- designed to integrate the program needs of the 220 KIBSD Kodiak College- in'lheir efforts to prepare students for entry into 221 /the workforce�Continu'e,to support vocational opportunities and training. 222 , \Support local, l, federa and -state efforts to continue the NOAA Discovery Lab 223 Program. \\\ t/ 224 \ 225 B. General Administration a nd Finance Goals and Objectives 226 1. Create a L ong- term,fiscal plan that incorporates KIBSD funding and maintenance 227 costs for all'Borough operations including enterprise funds. 228 a. Create a Tong -term fiscal plan to produce a reliable and comprehensive plan 229 reflecting / assumptions and fiscal projections under the current fiscal and political 230 environment. 231 b. Create an annual review of potential financial resources for income of the Kodiak 232 Island Borough budget including but not limited to fisheries, logging, tourism, 233 Alaska Aerospace Corporation, fisheries and oceanic research, and potential 234 federal and state funds. 235 236 2. Continue to provide reliable and competent accounting services to all Borough 237 departments and outside agencies. 238 a. Timely reconciliation of all accounts. Kodiak Island Borough Resolution No. FY2011 -17 Page 5 of 14 239 b. Prompt payment of all bills. 240 c. Preparation of a comprehensive annual financial report that meets the standards 241 of the Government Finance Officers Association. 242 d. Prepare accurate and timely monthly financial reports. 243 e. Keep accurate records of all Borough fixed assets. 244 f. Comply with terms and conditions of grants, including the reporting requirements 245 of the Federal and State granting agencies. 246 g. Prepare a "Popular Annual Financial Report" that conforms to the standards of 247 the Government Finance Officers popular reporting program and mail to 248 registered voters of Kodiak Island Borough. 249 //�� 250 3. To professionally manage the Borough's cash and investments>to include the corpus 251 of the Facilities Fund. 252 a. To manage the Borough's investment portfolio°'Nin\the following order of 253 importance: 254 i. Protect the investments of the Borough,/ 255 ii. Provide liquidity to pay ongoing obligations of the Borough. 256 iii. Provide interest earnings to help defray the use of property taxes. 257 b. To monitor the banking agreement,,with� our bank'and issue and eval RFP's 258 for banking services. \\ 1 )/ 259 c. To be proactive in the detection and prevention of fraud. 260 261 4. Provide a comprehensive risk management program for the Borough, including the \ 262 school district. \�'- \\-7 263 a. Identify all property that needs to be insured and determine appropriate values 264 and deductable limits. \\ .> �../ 265 b. Evaluate risk management coverage >and financial condition of various insurers 266 and re- insurers: \\ / 267 c. Reduce risk /by promoting safe practices by employees and identifying potential 268 hazards. 269 �\ 270 5. Prepare_abudget each'year -for adoptiori by the Borough Assembly. 271 a. / Ensure hesbudget the standards set by the Government Finance Officers 272 / Association. \ \ 273 , /bEnsure usersfees cover the actual cost of providing the service unless a lower 274 fr ''\ level of funding has been approved by the Assembly to minimize general fund 275 \subsidies of special services. 276 c. Pa `for all recurrin expenditures with recurring revenues and to use 277 nonrecurring revenues for nonrecurring expenditures. g 278 d. Have a <positive,undesignated fund balance of at least 15% of the previous year's 279 ex enditures /and transfers out and have a ositive cash balance in all 280 governmental funds at the end of each fiscal year. 281 e. Provide for adequate maintenance of capital plant and equipment and for its 282 timely replacement. 283 284 6. Maintain and shelter a diversified and stable revenue structure from short-run 285 fluctuations in any one revenue source. 286 a. Maintain a diversified and stable economic base by supporting policies that 287 promote tourism, fishing, agriculture, and commercial and industrial employment. 288 b. Institute standard user fees and charges for specialized programs and services, 289 where possible and reasonable. Rates will be established to recover operational 290 as well as capital or debt service costs. Kodiak Island Borough Resolution No. FY2011 -17 Page 6 of 14 291 7. To provide safe and efficient Information Technology (IT) 292 Services to staff and the Assembly 293 a. Provide current equipment and software to Borough employees and Assembly. 294 b. Insure safety of Borough records through timely and complete backups. 295 c. Evaluate new software and hardware for use by the Borough. 296 297 8. Maintain and expand our internet presence. 298 a. The web site should allow public access to meeting schedules, agendas, 299 packets, minutes, and review items. 300 b. The web site should allow public access to all Borough records that are not of a 301 confidential nature. 302 c. The web site should include access to a fully functional Geographic Information 303 System that can be manipulated by layers to /show trails, wetlands, land 304 ownership, evacuation plans and additional link1to'otherrpublic resources. 305 d. Use technology to increase communication between Kodi Island communities. 306 e. Provide a popular social networking platform for the purpose of disiminatinq 307 information to the public. {/ 308 309 9. Maintain and expand our comprehensiv System°(GIS). 310 a. Continue extending the base map layer ih thge`o \ database beyond the road 311 system to include the entire borough. / 312 b. Synchronize the GIS map with the property records in the assessing department 313 database, enabling the generation of maps displaying any given selection of legal 314 or physical property characterstios, \ ". j 315 c. Set up a web server, to which the will be copied nightly, giving the 316 public continuous access to up-- to- dateprop record and user - defined maps. 317 _` \\ 318 10. Collect all Borough - receivables in a timely manner../ 319 a. Prepare andicollect property taxes i,, 319 accurate and prompt manner. 320 i. Mai aow inventory of tax - foreclosed property through regular sales that 321 minimizes negativetcommunity impacts. 322 ii. Ensure al�prop\rties are reviewed and selected for documented public 323 purposes prior to disposal in a•timely manner. 324 / / . O \ \ \ \ N 325 11. Continue to work with municipalities and other service providers to increase 326 efficiencies and coop th will lower costs to the citizens. 327 a Continue to pursue efficiencies by utilizing municipal services in a cooperative 328 manner with all m 329 b. Continue \ to review and evaluate all options for providing superior services 330 through consolidation, annexation, unification, or other methods that may 331 maximize•efficiencies. 332 c. Enforce road service area powers and operations. 333 d. Educate the public on how a neighborhood fits into service area powers and 334 procedures. 335 e. Establish a process that would develop roads improvements in a cost effective 336 manner. 337 338 12. Continue to review and implement land management strategies for public owne4 339 lands. This includes land sales that are in balance with the real estate market and 340 provide the transfer of developable public lands to the private sector in an equitable 341 and cost - effective manner. Reserve kg Borough land for public recreation (hunting, 342 hiking, berry picking, 4 four - wheelinq, etc.). Kodiak Island Borough Resolution No. FY2011 -17 Page 7 of 14 343 a. Evaluate all Borough land on a regular basis and conduct a sale of land that is 344 appropriate for development and in demand. 345 346 13. Operate and maintain Borough facilities in a safe, healthy, and attractive manner that 347 creates a positive environment for the community and ensures safe and reasonable 348 access for all citizens including the physically impaired. 349 a. Ensure lease rates of Borough facilities generate sufficient revenues to pay for 350 adequate operational and maintenance expenses. 351 b. Identify and seek funding sources to evaluate Borough facilities to ensure 352 earthquake survivability. 353 c. Ensure that all Borough buildings are brought into ADA compliance during 354 renovation. ,�''\ 355 d. Work cooperatively with local government entities t" o develop a sustainable 356 facilities replacement plan. 357 {/ / �\ 358 14. Develop and implement a methodology to systematically review and evaluate 359 Borough operations. �� 360 a. Review and update the Personnel Rules and Regulations. 361 b. Conduct an outside review of ,the\Borough.. salary scale 5 five 362 years. \\/:)'—'-'4 , 363 364 15. Complete necessary agreements to initiate and complete the construction of the new 365 Alaska Department of Fish and +Game ` facility on Near island. � 366 \ •`„- 367 C. Tax Assessment and Collection Goals and Objectives '1 , 368 1. Continue to provide a comprehensive to ation.and-assessment program that is fair 369 and equitable for all citizens that ass value of' properties at market value 370 a. Review all forms of.tazation to ensure 100% inclusion. 371 b. Continue ^torreview the property inventory to ensure that property descriptions are 372 current and a /_, V`i 373 c. Conduct field visits and revaluationsf another one -third of the properties on the 374 road - system an\c one -fifth of-th m properties in the borough, as part of the 375 Jcyclical- reappraisal•pr`ogram. The standard is every 3 three years on the 376 "f road system, every Cfive \years off the road system. 377 Ad. Complete a `restructure\ of Ale methods and procedures for handling personal 378 property accounts. This' includes: 1) Training staff in personal property 379 identification and appraisal; 2) Conducting desktop audits of each return; and 3) 380 Conduct on - site) audits of questionable returns and of arbitrarily selected 381 accouh, -• := 382 aad- as 383 384 2. Review taxation options with an eye towards diversification of taxation in order to 385 spread the tax burden as much as possible and provide adequate funding to 386 accomplish the mission statement. 387 a. . .. .. . • . - -- •- • ... _ •. .:. •: 0 - ee: t ... .e.. 388 b. Review policy that excludes property from taxation in road service areas if the 389 property fronts on a state Right of Way (ROW). 390 c. Review taxation policies on commercial tourism activities. 391 d. 392 393 Kodiak Island Borough Resolution No. FY2011 -17 Page 8 of 14 394 395 3. Complete the implementation of the new database and accurate conversion of data 396 from the old database. 397 398 quality control. Continue to review each property card to convert available data 399 to the PACS database. 400 b. !e -.••e• - a- - -_ .e e. .e e - ee _ . _•e _e e-_-. Once 401 all road system parcels are converted to the PACS database initiate an annual 402 review to update all properties to annual fluctuations in values. 403 c. Continue to sSpecify and calibrate land, cost, and depreciation schedules for all 404 properties in the PACS database. 405 d. Initiate utilization of aerial photography and Borough GIS resources to help 406 identify remote areas that require further on site inspections and also to update 407 property improvement information. j 408 r 409 4. Initiate procedures to scan all existing hard files'into Laserfiche and PACS images to 410 work toward a paperless environment. 411 412 5. Continue working with IT MIS to bring pertinent data from PACS into a public access 413 system for use over the borough website. \\///\,, �✓ 414 415 D. Planning and Zoning Goals and Objectives - Community Development 416 1. Develop a framework to create \a "sustainable community ", one that does not focus 417 on the quantity of growth, but the \quali y of.life and balances short term needs of the 418 community with the long term results of development. 419 a. Develop a work plan that addressesrthe healthy safety, and welfare of existing 420 neighborhoods thei( /physical and economic degradation and 421 promotes the quality of growth through the revitalization of infrastructure and 422 public areas\ \ } \\\\ 423 b. -e - - . 1 1 =- e- - "--" ' -ee e.-- e •e 424 \. \' .,% ?e 425 0 •_ c -•c a e. .c_ _ e ee e__ '° _ e••••. e 426 // individual ®proporty,,o ol. Cont ue to work with state and federal energy 427 programs to;the.benefit of the,Boroug 428 \ \ / 429 2. Meet'quarterly with Planning and Zoning Commission to review existing issues 430 and'new,initiatives related to planning, zoning, and subdivisions. 431 a- Provide a training program for Commissioners that addresses their need to 432 understand the gal and community responsibilities of the position as well as 433 promoting the'talent and expertise needed at this level. 434 b- Provide for commission attendance at new commissioner training events, 435 subscription services to appropriate planning commissioner journals and on -line 436 resources. 437 cc. Provide regular training through the Borough Clerk's office on the open meetings 438 act and parliamentary procedure to ensure that commission meetings offer fair 439 and equitable treatment to all citizens who choose to participate. 440 441 3. Complete and adopt code revisions to Title 16 (subdivision), Title 17 (Zoning), and 442 Title 18 (Borough Real Property) that are appropriate and focused on the needs and 443 direction of borough residents as expressed in the adopted comprehensive plan. 444 .......-'-,- ° e . ..... Kodiak Island Borough Resolution No. FY2011 -17 Page 9 of 14 445 • • e : -e• .. e • e cimplifying tho zoning codo for 446 • 447 : ::::: . e • ... - 448 onsuro that thoy are appropriate and focucod on tho noods and diroction of 449 450 a. Periodically analyze the zoning of private land that is available for development in 451 order to determine whether there is an adequate balance of land in each of the 452 zoning categories. 453 454 2. Develop a Transportation System that is multi -modal and coordinated in order to 455 create a system that makes it easy to travel throughout the•Kodiak Island Borough, 456 including remote communities and areas. 457 a. Review new subdivision development to determine the impact of traffic 458 generation on existing roads, bike trails, and publi . ran 459 b. Review existing and proposed parking requi \ to determine if they 460 adequately support a thriving downtown core`area other important areas of the 461 community. ,� \, 462 c. Incorporate pedestrian (bike and walking") trails long with new road construction. 463 d. Review subdivisions with an eyeeto provide space for public, transportation 464 options and to add to the development of a comprehennsive trails system. 465 466 3. Work with tho U.S. Concus Bur au to accuratoly account for all rocidonts living in 467 __.__ 468 a— Roviow U.S. Concus Buroa \ - ..... 468 accuratoly.idontify tho location of citios, 469 _e :_, _•e a •: a e.e. e -c- ::. ' _e :, _ - - e.., ::- 470 harbor- residents) �\\ d ! f �� ) , 471 b. Coordinatc with _ Concus Bureau workors in thoir effort to locato housos, 472 a� `�/ 2/ `/ \ \`�,, 474 5. Oil and GasrPrograms ' 475 a. Review and ° modify f111lllnecessary the T ri- Borough Position Paper" on oil and gas 476 drilling�in the ShelikofStraits and -lower Cook Inlet. 477 b. Lobby fdr`changes the CoastaI'Management Plan to allow for the addition of 478 fineanin ful enforceable olicies that reflect local concerns and which allow 479 C \ borough residents a "gre ° ater opportunity to interact with state and federal 480 agencies during "the coordinated review of development projects within the 481 Borough's coastal zone.'Encourage a rewrite of this plan to give the Borough the 482 m ax i mum author possible to govern its own coastal zone and resources and to 483 have,a seat at the table on larger resource development issues that recognizes 484 the local /(commercial, subsistence, and sport caught fish and game) 485 resources‘as-important resources. 486 } ` - : e •: : - - - : • cc'. --e- - -•'' •'. • 487 addroccos tho rocponco ctratogios for Oil Spill and Hazardous Subctanco 488 Reloaco clean up, and which idontifios concitivo areas and strategic aroac 489 around the island, providos a contact list of rocpondors and which providoc 490 e- . ':_:r•.: :e : '' 491 specficareas. 492 c. Support the sharing of Federal offshore oil and gas revenue with coastal 493 communities in order to provide for planning and implementation of measures to 494 address coastal impacts due to oil and gas development. 495 Kodiak Island Borough Resolution No. FY2011 -17 Page 10 of 14 496 6. Continue to work towards the delivery of high quality services with reasonable 497 staffing levels by encouraging the efficient use of assets and by vigorously pursuing 498 state /federal planning grants. 499 a. Seek out and utilize other State and Federal planning programs and integrate 500 them with existing Borough planning needs to maximize resources. 501 b. - '.. _.. -. . . 7. • e -_.. -. ..e -ee -- e es 502 503 . 504 b. Improve code enforcement throughout the community by continually educating 505 residents on the zoning issues and the proper way to handle garbage and junk 506 vehicles. 507 c. Review current method of enforcement of code violationsns assa misdemeanor and 508 institute a program of civil fines through a ticketing procedure. 509 /, 510 7 Monitor and review the Building Inspection Program t nsure an efficient and cost 511 effective program for the community. 512 //� 513 8. Help educate residents throughout the borough with the Coastal Management Plan 514 and how it may affect their community development in subsistence y an areas 515 adjacent to the village. v } ' 516 \ 517 E. Emergency Services Planning – Community Development 518 1. Continue to work with the con um nities around t island (City of Kodiak and rural 519 communities) as well as other emergency responders to an up -to -date 520 emergency response plan for each geographib.area. 521 a. Continue to seek out and implement grant - programs to aid in funding the update 522 of emergency plans, responders equipment purchases, and training 523 ./7.-- 23 0 ortunities. `'`\ \\C\ v 524 b. Prrovide ✓opportunities to ensure that all emergency personnel and Incident 525 Command`Center staff are fully trained' to perform their tasks in the case of 526 emergency. \\I "Th 527 c. Continue,to educate the responses and procedures in the cases of 528 /emergency.\ \\ 529 d. Replace tsunami sirens around Kodiak Island. 530 . - e\Update the village Hazard Plan Annexes making each village eligible 531 \for \ hazard mitigation grants prior to a disaster. 532 f. Organize and leads Local Emergency Planning Committee (LEPC) meetings with 533 first.responders and policy makers. 534 \ \ ‘ 535 F. Community Health-Goals and Objectives 536 1. Create long -t facilities Master Plan for the Counseling Center. 537 a. Work with the consultant and advisory groups to create a long -term plan for 538 health facility maintenance and construction to serve the needs and changing 539 demographics of the community. 540 b. Seek out additional grant opportunities. 541 542 2. Seek to acquire sufficient land to support future Hospital growth that is reflective of 543 the long -term facilities plan for the Hospital. 544 a. Utilizing the product of F.1.a., seek to acquire sufficient land to serve any future 545 construction needs. Kodiak Island Borough Resolution No. FY2011 -17 Page 11 of 14 546 b. Work cooperatively with Providence to cep-lase facilitate replacement of the care 547 center with a new facility that will meet the current and future needs of long -term 548 care. 549 c. Work cooperatively with Providence to provide a better facility, and possibly 550 closer to the hospital, for rehab services. 551 d. Seek to research all options in order to provide quality health care to citizens of 552 Kodiak Island. 553 554 3. Continue to advocate for appropriate full reimbursement of hospital costs and citizen 555 medical expenses by the State, Federal government, and Coast Guard in a fairer 556 manner. 557 558 4. Seek out additional grant opportunities. 559 560 5. Advocate for the best health care in a coordinated man er with Federal, State, and 561 local agencies. 562 563 6. Work with other agencies in Kodiak to develop oquality facilities for ' ce - nior Kodiak 564 Island citizens. / f 565 566 G. Solid Waste Collection and Disposal Goals and Objectives 567 1. Implement the comprehensive- waste management plan that addresses the 568 solid waste function for the next a 20 to 50 years in .,cost effective and efficient 569 manner. .j 570 a. Continue to monitor the Solid W Ft - ser. SFady a. Continue } 571 b. Identify future site and begin sit c ontrol plann - processes for landfill expansion 572 area. ,,/. \ V 573 c. Continue to steps that will to extend the existing landfill site life through 574 comprehensive recycling and other`means e - - e • e - - e e - - e • e - e e • e 575 e- e •_ -. e= :• -e - 576 d. Continue to investigate federal and state loans and grants to pay for lateral 577 expansion and closeout ofthe.existing "footprinr upon closure. 578 e. / / / /Encourage KIBSD \and Kodiak College to recycle waste and to add recycling 579 ( education to t ed programs. 580 ,>- -.f. \To Continue "to coordinat /with the City of Kodiak on the junk auto removal 581 \program. \ \ C 582 g. Develop and implement transfer stations. 583 584 2. Evaluate and analyze the recycling program to create a long -term participatory 585 program and;plan`,that is sustainable. 586 a. Adopt policy supporting reduction, re -use, and recycling of materials as 587 preferable / to landfill disposal and encourage all citizens and businesses to 588 participate. 589 b. Adopt policy and procedures enseuraging requiring rate payers to recycle certain 590 specified materials 591 c. Develop Expand a fee structure to give rate payers incentives to recycle i.e. 592 "Pay-As-You-Throw". 593 d. Commit to diversion goals of 25 %- by- 2O4-2-aed 50% by 2020. 594 = = = 595 596 H. Parks and Recreation Goals and Objectives Kodiak Island Borough Resolution No. FY2011 -17 Page 12 of 14 597 1. Evaluate and identify those lands under Borough ownership that would be 598 appropriate for developed or passive parks and recreation facilities, with a goal of a 599 comprehensive Parks and Recreation Plan to guide future decisions. 600 a. Review urban areas for potential neighborhood pocket parks in areas of growth. 601 b. Develop standards for playground equipment and related improvements to 602 ensure the highest degree of utility at the lowest reasonable cost. 603 c. Meet with the Parks and Recreation Committee on a quarterly basis. 604 d. Retain access to public lands for the enjoyment of all recreation users. 605 e. Create an interconnected system of multi -use bicycle and pedestrian paths for 606 residents and visitors. This trail system should link schools, parks, 607 neighborhoods, and trails with ether multiple destination points. 608 f. Continue to work with the City of Kodiak and the Kodiak�lsland Borough school 609 district to ensure that the construction, operation, and maintenance of joint use 610 facilities are efficiently managed in the be`s \sts of the overall 611 1 community. 612 613 2. Complete a road system trails plan and Trails,User's Guide using public participation 614 and existing trails with a focus on a trail network that is interconnected and allows for 615 minimum user conflict and maximum use by'all citizens. ) n 616 /l " < 617 3. Encourage the Parks and Recreation Committee to move ahead with conceptual 618 plans for Mill Bay Park, End of the Road Park, d winter year -round use of urban 619 lakes. 620 > . 621 I. Economic Development Goals and Object 622 1. Maintain vigilance and effective p arrticipa ti on"in fishery politics and legislation that 623 advocates for longterm \ preservation of landings / o f product to the Borough and 624 ensures any environmental restrictions on fisheries are based on sound science and 625 fairly reflect any�socio- ecohomic impacts\on our region. 626 a. Continue t o \ w ` ork with the City of Kodiak and Kodiak Fisheries Advisory Council 627 (KFAC) to pur`su a "Comprehensive and effective program that leads to 628 sustainable and�economically,p fisheries that ensure the long -term 629 r ,'he`alth'of thetfishery.,h`abitat and ecosystem. 630 ID!Explore a shared fisheries representative for the Kodiak Island Borough and the 631 'y City of Kodiak'at`all levels of'fisheries management meetings. 632 c. Find and work with industry representatives that have a regional and cooperative 633 focus to assist in the direction of efforts and resources in affecting fisheries policy 634 arid. \egislation. ) ) 635 d. Determ ne strategies to create a statewide force to offset negative, 636 incorrect or'rriisleading information about fisheries. 637 e. Encourage /development of educational programs at FITC, KFRC, Kodiak 638 College, and KIBSD that support seafood science protects and fisheries and 639 aquatic research in the Kodiak Archipelago. 640 f. Encourage the private sector development of the home porting of the University 641 of Alaska Research Vessel. 642 643 2. - - - • - -- •- - -e•-- - • -- • -- e -- - -- - • Seek to implement the • 644 recommendation of the Island -Wide Transportation Feasibility Study. 645 646 3. Actively pursue development of airport capacity and look for opportunities for fish 647 cargo. Kodiak Island Borough Resolution No. FY2011 -17 Page 13 of 14 648 649 4. Continue to pursue high quality telecommunications access through fiber optics and 650 Internet access to outlying areas. 651 a. Ensure that telecommunications are is integrated into the long -term plans that to 652 allow for maximum efficiencies and minimize redundancies through use of 653 common easements and infrastructure. 654 655 5. Review ways to promote, encourage, and support the development of small 656 businesses /home businesses including those in the outlying communities. 657 658 6. Work with Kodiak Chamber of Commerce and Kodiak Island Convention Visitors 659 Bureau to promote quality tourism growth. r 660 C 661 7. Work with employers for new lob opportunities /with community agencies as 662 determined through the Kodiak Workforce Regional Advisory Council. 663 664 J. Animal Control Goals and Objectives / .. 665 1. Continue to support a program that protects the public and animals'in a cooperative 666 cost effective and efficient manner. 1.-- \:\ )' f 667 a. Continue to have the Community Development Department monitor the contract to 668 ensure conflicts are minimized and public health and safety are maximized. 669 � 670 K. Fire Protection and First Res Emergency `Medical Services Goals and 671 Objectives 672 t'-'%'-')'''''''''''''' } \ ov 673 1. Continue to support fire, rescue, and emergency medical services that protect the 674 lives and prop .p` blic. \U� 1 // / 675 / , 676 2. Maintain an adequate staff of volunteers who are properly equipped and trained for 677 the services they pro \vide) C 678 \ Vj."- -- °`` 679 3. Continue to•supporPthe'cooperative training and emergency responses between the 680 Borough — Fire Protection Service Areas and other emergency services within the 681 d ; rb ° orough. - \ \> i `\ Kodiak Island Borough Resolution No. FY2011 -17 Page 14 of 14 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 03, 2010 REGULAR MEETING ITEM NO: 13.8.3 TITLE: Resolution No. FY2011 -18 Authorizing the Borough To Issue General Obligation School Bonds, 2011 Series A In the Principal Amount Not To Exceed $8,000,000 To Provide Funds For School and Related Capital Improvements In the Borough and To Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. SUMMARY: This resolution allows the Borough to issue the first $8,000,000 of the approved $76,410,000 High School Renovation and Additions bonds to finance the initial architectural and engineering design work. At this time we are planning on selling an additional $25,000,000 in FY2012, $25,000,000 in FY2013, and $18,310,000 in FY2014. FISCAL NOTES: Account No.: Amount Budgeted: No payments will be made until FY2012 Expenditure Required: Approximately $250,000 per year for 20 years. This is the net amount after state reimbursement of 60 %. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Moved to adopt Resolution No. FY2011 -18. Introduced by: Borough Manager Requested by: Finance Director Drafted by: Bond Counsel Introduced: 02/03/2011 Adopted: 1 KODIAK ISLAND BOROUGH 2 RESOLUTION NO. FY2011 -18 3 4 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 5 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION 6 SCHOOL BONDS, 2011 SERIES A IN THE PRINCIPAL AMOUNT NOT TO 7 EXCEED $8,000,000 TO PROVIDE FUNDS FOR SCHOOL AND RELATED 8 CAPITAL IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS OF 9 ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH BONDS, 10 AUTHORIZING THEIR SALE, AND PROVIDING FOR RELATED MATTERS 11 12 WHEREAS, pursuant to Ordinance No. FY2010 -03 of the Kodiak Island Borough, Alaska 13 (the "Borough "), adopted August 6, 2009, a question whether the Borough should issue not 14 to exceed $76,310,000 in general obligation bonds for the purpose of paying the cost of 15 planning, designing and constructing school and related capital improvements in the 16 Borough, including without limitation the reconstruction and renovation of the Kodiak High 17 School, referred to at the regular Borough election held on October 6, 2009 as Proposition 18 No. 1 ( "Proposition 1 "), was passed and approved; and 19 20 WHEREAS, said election has been duly canvassed and the results thereof certified and 21 confirmed in accordance with law, and $76,310,000 principal amount of general obligation 22 bonds remains unissued under Proposition 1; and 23 24 WHEREAS, the Assembly finds that it is in the best interest of the Borough to plan, design 25 and construct the school capital improvements described in Proposition 1 as the 26 reconstruction and renovation of the Kodiak High School (the "Project "), and to issue not to 27 exceed $8,000,000 principal amount of general obligation bonds referred to in Proposition 1, 28 to pay part of the costs of the Project and costs of issuing the bonds; and 29 30 WHEREAS, Section 29.47.410 of the Alaska Statutes provides that the Assembly by 31 resolution may provide for the form and manner of sale of bonds and notes; and 32 33 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of 34 the Borough Manager and Borough Finance Director authority to determine the maturity 35 amounts, interest rates and other details of the bonds, and to determine other matters that 36 are not provided for in this resolution; and 37 38 WHEREAS, the Borough intends to sell the bonds to the Alaska Municipal Bond Bank, 39 which will purchase the bonds with the proceeds of an issue of its general obligation bonds; 40 and 41 42 WHEREAS, there has been presented to the Borough the form of a Loan Agreement 43 between the Alaska Municipal Bond Bank and the Borough, which provides for the Alaska 44 Municipal Bond Bank to purchase the bonds on the terms and conditions set forth therein 45 and in this resolution, and it is in the best interest of the Borough that the Borough sell the 46 bonds to the Alaska Municipal Bond Bank under such terms and conditions. 47 Kodiak Island Borough Resolution No. FY2011 -18 Page 1 of 12 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 48 49 Section 1: Definitions. In addition to terms which are defined in the recitals above, the 50 following terms shall have the following meanings in this resolution: 51 52 (a) "Assembly" means the Assembly of the Kodiak Island Borough, as the 53 general legislative authority of the Kodiak Island Borough, as the same shall 54 be duly and regularly constituted from time to time. 55 56 (b) "Bond" or "Bonds" means any of the "General Obligation School 57 Bonds, 2011 Series A" of the Kodiak Island Borough, the issuance and sale 58 of which are authorized herein. 59 60 (c) "Bond Bank" means the Alaska Municipal Bond Bank, a public 61 corporation of the State of Alaska. 62 63 (d) "Bond Bank Bonds" means the series of general obligation bonds 64 issued by the Bond Bank, all or part of the proceeds of which are used to 65 purchase the Bonds. 66 67 (e) "Bond Register" means the registration books maintained by the 68 Registrar, which include the names and addresses of the Registered Owners 69 of the Bonds or their nominees. 70 71 (f) "Borough" means the Kodiak Island Borough, a municipal corporation 72 of the State of Alaska, organized as a second class Borough under Title 29 of 73 the Alaska Statutes. 74 75 (g) "Code" means the Internal Revenue Code of 1986, as amended from 76 time to time, together with all regulations applicable thereto. 77 78 (h) "Cost" or "Costs" means the cost of planning, designing, acquiring 79 property for, acquiring, constructing, installing and equipping the Project, 80 including interest on the Bonds during the period of planning, designing, 81 acquiring property for, acquiring, constructing, installing and equipping the 82 Project, the cost whether incurred by the Borough or by another of field 83 surveys and advance planning undertaken in connection with the Project 84 properly allocable to the Project, the cost of acquisition of any land or interest 85 therein required as the site or sites of the Project or for use in connection 86 therewith, the cost of any indemnity and surety bonds and premiums on 87 insurance incurred in connection with the Project prior to or during 88 construction thereof, all related direct administrative and inspection expenses 89 whether incurred by the Borough or by another in connection with the Project 90 prior to or during construction thereof and allocable portions of direct costs of 91 the Borough, legal fees, costs of issuance of the Bonds by the Borough, 92 including financing charges and fees and expenses of bond counsel, financial 93 advisors and consultants in connection therewith, the cost of any bond 94 insurance premium and bond ratings, the cost of audits, the cost of all 95 machinery, apparatus and equipment, cost of engineering, architectural Kodiak Island Borough Resolution No. FY2011 -18 Page 2 of 12 96 services, designs, plans, specifications and surveys, estimates of cost, the 97 reimbursement of all moneys advanced from whatever source for the 98 payment of any item or items of cost of the Project, and all other expenses 99 necessary or incidental to the acquisition and development of the Project, the 100 financing thereof and the putting of the same in use and operation. 101 102 (i) "Government Obligations" means obligations that are either (i) direct 103 obligations of the United States of America or (H) obligations of an agency or 104 instrumentality of the United States of America the timely payment of the 105 principal of and interest on which are unconditionally guaranteed by the 106 United States of America 107 108 0) "Loan Agreement" means the Loan Agreement between the Borough 109 and the Bond Bank concerning the Bonds. 110 111 (k) "Registered Owner" means the person named as the registered 112 owner of a Bond in the Bond Register. 113 114 (I) "Registrar" means the Borough Finance Director, or any successor 115 that the Borough may appoint by resolution. 116 117 (m) "Resolution" means this Resolution No. FY2011 -_ of the Borough. 118 119 Section 2: Authorization of Bonds and Purpose of Issuance. For the purpose of 120 providing part of the funds required to pay the Costs of the Project, to provide 121 for original issue discount, if any, and to pay all costs incidental thereto and to 122 the issuance of the Bonds, the Borough hereby authorizes and determines to 123 issue and sell the Bonds in the aggregate principal amount of not to exceed 124 $8,000,000. 125 126 Section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of the 127 Borough and the full faith and credit of the Borough are hereby pledged to the 128 payment of the principal of and interest on the Bonds. The Borough hereby 129 irrevocably pledges and covenants that it will levy and collect taxes upon all 130 taxable property within the Borough without limitation as to rate or amount, in 131 amounts sufficient, together with other funds legally available therefor, to pay 132 the principal of and interest on the Bonds as the same become due and 133 payable. 134 135 Section 4: Designation, Maturities, Interest Rates, and Other Details of Bonds. The 136 Bonds shall be designated "Kodiak Island Borough, Alaska, General 137 Obligation School Bonds, 2011 Series A." The Bonds shall be in the 138 denomination of $5,000 or any integral multiple thereof, shall be numbered 139 separately in the manner and with such additional designation as the 140 Registrar deems necessary for purposes of identification, and may have 141 endorsed thereon such legends or text as may be necessary or appropriate 142 to conform to the rules and regulations of any governmental authority or any 143 usage or requirement of law with respect thereto. 144 145 146 Kodiak Island Borough Resolution No. FY2011 -18 Page 3 of 12 147 The Bonds shall mature in one or more years commencing no earlier than 148 2011 and ending no later than 2032. The Bonds shall bear interest from their 149 date, payable commencing on a date on or after July 1, 2011 and semi - 150 annually thereafter. Interest will be computed on the basis of a 360 -day year 151 consisting of twelve 30 -day months. 152 153 Subject to Section 2 and the remainder of this section, the dated date, the 154 principal and interest payment dates, the record dates for interest payments, 155 the aggregate principal amount, the principal amount of each maturity, and 156 the interest rates on the Bonds shall be determined at the time of execution of 157 the Loan Agreement under Section 17. 158 159 Section 5: Optional Redemption. The Bonds, if any, subject to optional redemption by 160 the Borough, the time or times when such Bonds are subject to optional 161 redemption, the terms upon which such Bonds may be redeemed, and the 162 redemption price or redemption prices for such Bonds, shall be determined at 163 the time of execution of the Loan Agreement under Section 17. 164 165 Section 6: Selection of Bonds for Redemption; Notice of Redemption. 166 167 (a) Selection of Bonds for Redemption. When the Bond Bank is the 168 Registered Owner of the Bonds, the selection of Bonds to be redeemed shall 169 be made as provided in the Loan Agreement. When the Bond Bank is not the 170 Registered Owner of the Bonds, the selection of Bonds to be redeemed shall 171 be made as provided in this subsection (a). If the Borough redeems at any 172 one time fewer than all of the Bonds having the same maturity date, the 173 particular Bonds or portions of Bonds of such maturity to be redeemed shall 174 be selected by lot (or in such other manner determined by the Registrar) in 175 increments of $5,000. In the case of a Bond of a denomination greater than 176 $5,000, the Borough shall treat such Bond as representing such number of 177 separate Bonds each of the denomination of $5,000 as is obtained by 178 dividing the actual principal amount of such Bond by $5,000. In the event 179 that only a portion of the principal amount of a Bond is redeemed, upon 180 surrender of such Bond at the office of the Registrar there shall be issued to 181 the Registered Owner, without charge therefor, for the then unredeemed 182 balance of the principal sum thereof, at the option of the Registered Owner, a 183 Bond or Bonds of like maturity and interest rate in any of the denominations 184 authorized herein. 185 186 (b) Notice of Redemption. When the Bond Bank is the Registered Owner 187 of the Bonds, notice of any intended redemption of Bonds shall be given as 188 provided in the Loan Agreement. When the Bond Bank is not the Registered 189 Owner of the Bonds, notice of any intended redemption of Bonds shall be 190 made as provided in this subsection (b). Notice of redemption shall be 191 mailed not less than 30 or more than 45 days prior to the date fixed for 192 redemption by first class mail to Registered Owners of the Bonds to be 193 redeemed at their addresses as they appear on the Bond Register on the day 194 the notice is mailed. Notice of redemption shall be deemed to have been 195 given when the notice is mailed as herein provided, whether or not it is 196 actually received by the Registered Owners. All notices of redemption shall 197 be dated and shall state: (1) the redemption date; (2) the redemption price; Kodiak Island Borough Resolution No. FY2011 -18 Page 4 of 12 198 (3) if fewer than all outstanding Bonds are to be redeemed, the identification 199 (and, in the case of partial redemption, the respective principal amounts) of 200 the Bonds to be redeemed; (4) that on the redemption date the redemption 201 price will become due and payable upon each such Bond or portion thereof 202 called for redemption, and that interest thereon shall cease to accrue from 203 and after said date; and (5) the place where such Bonds are to be 204 surrendered for payment of the redemption price, which place of payment 205 shall be the office of the Registrar. 206 207 Official notice of redemption having been given as aforesaid, Bonds or 208 portions of Bonds to be redeemed shall, on the redemption date, become due 209 and payable at the redemption price therein specified, and from and after 210 such date, such Bonds or portions of Bonds shall cease to bear interest. 211 Upon surrender of such Bonds for redemption in accordance with said notice, 212 such Bonds shall be paid at the redemption price. Installments of interest 213 due on or prior to the redemption date shall be payable as herein provided for 214 payment of interest. All Bonds which have been redeemed shall be canceled 215 and destroyed by the Registrar and shall not be reissued. 216 217 Each check or other transfer of funds issued to pay the redemption price of 218 Bonds shall bear the CUSIP number, if any, identifying, by maturity the Bonds 219 being redeemed with the proceeds of such check or other transfer. 220 221 Section 7: Form of Bond. Each Bond shall be in substantially the following form, with 222 such variations, omissions and insertions as may be required or permitted by 223 this Resolution: 224 225 UNITED STATES OF AMERICA 226 STATE OF ALASKA 227 228 KODIAK ISLAND BOROUGH 229 (A Municipal Corporation of the State of Alaska) 230 231 NO. $ 232 233 234 GENERAL OBLIGATION SCHOOL BOND, 2011 SERIES A 235 236 REGISTERED OWNER: 237 238 PRINCIPAL AMOUNT: 239 240 The Kodiak Island Borough (the "Borough "), a municipal corporation 241 of the State of Alaska, hereby acknowledges itself to owe and for value 242 received promises to pay to the Registered Owner identified above, or its 243 registered assigns, the principal amount shown above in the following 244 installments on of each of the following years, and to pay 245 interest on such installments from the date hereof, payable on 246 , 201_ and semiannually thereafter on the _ days of 247 and of each year, at the rates per annum as 248 follows: • Kodiak Island Borough Resolution No. FY2011 -18 Page 5 of 12 Principal Interest Year Amount Rate 249 250 251 When this Bond is owned by the Alaska Municipal Bond Bank (the 252 "Bond Bank "), payment of principal and interest shall be made as provided in 253 the Loan Agreement between the Bond Bank and the Borough (the "Loan 254 Agreement "). When this Bond is not owned by the Bond Bank, installments 255 of principal and interest on this Bond shall be paid by check or draft mailed by 256 first class mail to the Registered Owner as of the close of business on the 257 15 day of the month before each installment payment date; provided that the 258 final installment of principal and interest on this Bond shall be payable upon 259 presentation and surrender of this Bond by the Registered Owner at the office 260 of the Registrar. Interest will be computed on the basis of a 360 -day year 261 consisting of twelve 30 -day months. Both principal of and interest on this 262 Bond are payable in lawful money of the United States of America which, on 263 the respective dates of payment thereof, shall be legal tender for the payment 264 of public and private debts. 265 266 This Bond is one of the General Obligation School Bonds, 2011 267 Series A of the Kodiak Island Borough, Alaska, of like tenor and effect except 268 as to interest rate, serial number and maturity, aggregating 269 $ in principal amount, and constituting Bonds authorized for 270 the purpose of paying the cost of school and related capital improvements in 271 the Borough, and is issued under Resolution No. FY2011 - of the Borough 272 entitled: 273 274 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 275 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE 276 GENERAL OBLIGATION SCHOOL BONDS, 2011 SERIES A 277 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED 278 $8,000,000 TO PROVIDE FUNDS FOR SCHOOL AND 279 RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH 280 AND TO PAY COSTS OF ISSUING THE BONDS, FIXING 281 CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING 282 THEIR SALE, AND PROVIDING FOR RELATED MATTERS 283 284 (the "Resolution"). 285 286 Installments of principal of this Bond due on and after , 20_, 287 shall be subject to prepayment on and after , 20 at the option 288 of the Borough (subject to any applicable provisions of the Loan Agreement), 289 in such principal amounts and from such maturities as the Borough may 290 determine, and by lot within a maturity, at a redemption price equal to the 291 principal amount to be prepaid, plus accrued interest to the date of 292 prepayment. 293 Kodiak Island Borough Resolution No. FY2011 -18 Page 6 of 12 294 This Bond is transferable as provided in the Resolution, (i) only upon 295 the bond register of the Borough, and (ii) upon surrender of this Bond 296 together with a written instrument of transfer duly executed by the registered 297 owner or the duly authorized attorney of the registered owner, and thereupon 298 a new fully registered Bond or Bonds in the same aggregate principal amount 299 and maturity shall be issued to the transferee in exchange therefor as 300 provided in the Resolution and upon the payment of charges, if any, as 301 therein prescribed. The Borough may treat and consider the person in whose 302 name this Bond is registered as the absolute owner hereof for the purpose of 303 receiving payment of, or on account of, the principal or redemption price, if 304 any, hereof and interest due hereon and for all other purposes whatsoever. 305 306 This Bond is a general obligation of the Kodiak Island Borough, and 307 the full faith and credit of the Borough are pledged for the payment of the 308 principal of and interest on the Bond as the same shall become due. 309 310 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or 311 things required by the constitution or statutes of the State of Alaska to exist, 312 to have happened or to have been performed precedent to or in the issuance 313 of this Bond exist, have happened and have been performed, and that the 314 series of Bonds of which this is one, together with all other indebtedness of 315 the Borough, is within every debt and other limit prescribed by said 316 constitution or statutes. 317 318 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, 319 ALASKA, has caused this Bond to be signed in its name and on its behalf by 320 the manual or facsimile signature of its Mayor and its corporate seal (or a 321 facsimile thereof) to be impressed or otherwise reproduced hereon and 322 attested by the manual or facsimile signature of its Clerk, all as of the 323 day of 2011. 324 325 326 327 Mayor 328 ATTEST: 329 330 331 332 Clerk 333 334 [SEAL] 335 336 Section 8: Execution. The Bonds shall be executed in the name of the Borough by the 337 manual or facsimile signature of the Mayor, and its corporate seal (or a 338 facsimile thereof) shall be impressed or otherwise reproduced thereon and 339 attested by the manual or facsimile signature of the Borough Clerk. The 340 execution of a Bond on behalf of the Borough by persons who at the time of 341 the execution are duly authorized to hold the proper offices shall be valid and 342 sufficient for all purposes, although any such person shall have ceased to 343 hold office at the time of delivery of the Bond or shall not have held office on 344 the date of the Bond. Kodiak Island Borough Resolution No. FY2011 -18 Page 7 of 12 345 346 Section 9: Payment of Principal and Interest. The Bonds shall be payable in lawful 347 money of the United States of America which at the time of payment is legal 348 tender for the payment of public and private debts. When the Bond Bank is 349 the Registered Owner of the Bonds, payment of principal and interest on the 350 Bonds shall be made as provided in the Loan Agreement. When the Bond 351 Bank is not the Registered Owner of the Bonds, installments of principal and 352 interest on the Bonds shall be paid by check mailed by first class mail to the 353 Registered Owner as of the record date for the installment payment at the 354 address appearing on the Bond Register; provided that the final installment of 355 principal and interest on a Bond shall be payable upon presentation and 356 surrender of the Bond by the Registered Owner at the office of the Registrar. 357 358 Section 10: Registration. The Bonds shall be issued only in registered form as to both 359 principal and interest. The Borough designates the Borough Finance Director 360 as Registrar for the Bonds. The Registrar shall keep, or cause to be kept, the 361 Bond Register at the principal office of the Borough. The Borough covenants 362 that, until all Bonds have been surrendered and canceled, it will maintain a 363 system for recording the ownership of each Bond that complies with the 364 provisions of Section 149 of the Code. The Borough and the Registrar may 365 treat the person in whose name any Bond shall be registered as the absolute 366 owner of such Bond for all purposes, whether or not the Bond shall be 367 overdue, and all payments of principal of and interest on a Bond made to the 368 Registered Owner thereof or upon its order shall be valid and effectual to 369 satisfy and discharge the liability upon such Bond to the extent of the sum or 370 sums so paid, and neither the Borough nor the Registrar shall be affected by 371 any notice to the contrary. 372 373 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the books for 374 the registration and transfer of Bonds kept at the office of the Registrar. 375 Upon surrender for transfer or exchange of any Bond at such office, with a 376 written instrument of transfer or authorization for exchange in form and with 377 guaranty of signature satisfactory to the Registrar, duly executed by the 378 Registered Owner or the duly authorized attorney of the Registered Owner, 379 the Borough shall execute and deliver an equal aggregate principal amount of 380 Bonds of the same maturity of any authorized denominations, subject to such 381 reasonable regulations as the Borough may prescribe and upon payment 382 sufficient to reimburse it for any tax, fee or other governmental charge 383 required to be paid in connection with such transfer or exchange. All Bonds 384 surrendered for transfer or exchange shall be canceled by the Registrar. 385 386 Section 12: Bonds Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar 387 of a mutilated Bond, the Borough shall execute and deliver a new Bond of like 388 maturity and principal amount. Upon filing with the Registrar of evidence 389 satisfactory to the Borough that a Bond has been destroyed, stolen or lost 390 and of the ownership thereof, and upon furnishing the Borough with indemnity 391 satisfactory to it, the Borough shall execute and deliver a new Bond of like 392 maturity and principal amount. The person requesting the execution and 393 delivery of a new Bond under this section shall comply with such other 394 reasonable regulations as the Borough may prescribe and pay such 395 expenses as the Borough may incur in connection therewith. Kodiak Island Borough Resolution No. FY2011 -18 Page 8 of 12 396 397 Section 13: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the 398 Bonds representing accrued interest on the Bonds shall be applied to pay a 399 portion of the interest due on the Bonds on the first interest payment date for 400 the Bonds. The sale proceeds of the Bonds representing original issue 401 premium on the Bonds shall be applied to pay issuance costs of the Bonds, a 402 portion of the interest due on the Bonds on the first interest payment date for 403 the Bonds, or Costs of the Project, and shall be deposited in such manner, as 404 the Borough Manager or the Borough Finance Director may determine. The 405 remaining sale proceeds of the Bonds shall be applied to pay Costs of the 406 Project and issuance costs of the Bonds, and shall be deposited in the 407 appropriate funds or accounts of the Borough for such purposes. 408 409 Section 14: Tax Covenants. The Borough covenants to comply with any and all 410 applicable requirements set forth in the Code in effect from time to time to the 411 extent that such compliance shall be necessary for the exclusion of the 412 interest on the Bonds from gross income for federal income tax purposes. 413 The Borough covenants that it will make no use of the proceeds of the Bonds 414 which will cause the Bonds to be "arbitrage bonds" subject to federal income 415 taxation by reason of Section 148 of the Code. The Borough covenants that 416 it will not take or permit any action that would cause the Bonds to be "private 417 activity bonds" as defined in Section 141 of the Code. 418 419 Section 15: Amendatory and Supplemental Resolutions. 420 421 (a) The Assembly from time to time and at any time may adopt a 422 resolution or resolutions supplemental hereto, which resolution or resolutions 423 thereafter shall become a part of this Resolution, for any one or more of the 424 following purposes: 425 426 (1) To add to the covenants and agreements of the Borough in 427 this Resolution, other covenants and agreements thereafter to be 428 observed, or to surrender any right or power herein reserved to or 429 conferred upon the Borough. 430 431 (2) To make such provisions for the purpose of curing any 432 ambiguities or of curing, correcting or supplementing any defective 433 provision contained in this Resolution or in regard to matters or 434 questions arising under this Resolution as the Assembly may deem 435 necessary or desirable and not inconsistent with this Resolution and 436 which shall not adversely affect the interests of the Registered 437 Owners of the Bonds. 438 439 Any such supplemental resolution may be adopted without the consent of the 440 Registered Owners of any of the Bonds at any time outstanding, 441 notwithstanding any of the provisions of subsection (b) of this section. 442 443 (b) With the consent of the Registered Owners of not less than 60 444 percent in aggregate principal amount of the Bonds at the time outstanding, 445 the Assembly may adopt a resolution or resolutions supplemental hereto for 446 the purpose of adding any provisions to or changing in any manner or Kodiak Island Borough Resolution No. FY2011 -18 Page 9 of 12 447 eliminating any of the provisions of this Resolution or of any supplemental 448 resolution; provided, however, that no such supplemental resolution shall: 449 450 (1) Extend the fixed maturity of any of the Bonds, or reduce the 451 rate of interest thereon, or extend the time of payments of interest 452 from their due date, or reduce the amount of the principal thereof, or 453 reduce any premium payable on the redemption thereof, without the 454 consent of the Registered Owners of each Bond so affected; or 455 456 (2) Reduce the aforesaid percentage of Registered Owners of 457 Bonds required to approve any such supplemental resolution without 458 the consent of the Registered Owners of all of the Bonds then 459 outstanding. 460 461 It shall not be necessary for the consent of the Registered Owners of the 462 Bonds under this subsection to approve the particular form of any proposed 463 supplemental resolution, but it shall be sufficient if such consent approves the 464 substance thereof. 465 466 (c) Upon the adoption of any supplemental resolution under this section, 467 this Resolution shall be deemed to be modified and amended in accordance 468 therewith, and the respective rights, duties and obligations under this 469 Resolution of the Borough and all Registered Owners of outstanding Bonds 470 shall thereafter be subject in all respects to such modification and 471 amendment, and all the terms and conditions of the supplemental resolution 472 shall be deemed to be part of the terms and conditions of this Resolution for 473 any and all purposes. 474 475 (d) Bonds executed and delivered after the adoption of any supplemental 476 resolution under this section may bear a notation as to any matter provided 477 for in such supplemental resolution, and if such supplemental resolution shall 478 so provide, new Bonds modified so as to conform, in the opinion of the 479 Borough, to any modification of this Resolution contained in any such 480 supplemental resolution may be prepared by the Borough and delivered 481 without cost to the Registered Owners of the Bonds then outstanding, upon 482 surrender for cancellation of such Bonds in equal aggregate principal 483 amounts. 484 485 Section 16: Defeasance. In the event money and /or non - callable Government 486 Obligations maturing at such times and bearing interest to be earned thereon 487 in amounts sufficient to redeem and retire any or all of the Bonds in 488 accordance with their terms are set aside in a special trust account to effect 489 such redemption or retirement and such moneys and the principal of and 490 interest on such Government Obligations are irrevocably set aside and 491 pledged for such purpose, then no further payments need be made to pay or 492 secure the payment of the principal of and interest on such Bonds and such 493 Bonds shall be deemed not to be outstanding. 494 495 Section 17: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond Bank 496 as provided in the Loan Agreement. Subject to the limitations provided in 497 Sections 2 and 4, each of the Borough Manager and the Borough Finance Kodiak Island Borough Resolution No. FY2011 -18 Page 10 of 12 498 Director is hereby authorized to determine the aggregate principal amount, 499 maturity amounts, interest rates, yields, dated date, principal and interest 500 payment dates, redemption terms, if any, for the Bonds, and other details of 501 the Bonds; provided that the true interest cost of the Bonds, expressed as an 502 annual rate, does not exceed 6.0 percent. In determining the maturity 503 amounts, interest rates, yields, and redemption terms, if any, for the Bonds, 504 the Borough Manager or Borough Finance Director shall take into account 505 those factors which, in his judgment, will result in the lowest true interest cost 506 on the Bonds to their maturity, including without limitation current financial 507 market conditions and current interest rates for obligations comparable in 508 tenor and quality to the Bonds. Based upon the foregoing determinations, the 509 Borough Manager and the Borough Finance Director each is authorized to 510 execute the Loan Agreement, in substantially the form presented at this 511 meeting. 512 513 Section 18: Authority of Officers. The Mayor, the acting Mayor, the Borough Manager, 514 the acting Borough Manager, the Borough Finance Director, the acting 515 Borough Finance Director, the Borough Clerk, and the acting Borough Clerk 516 each is authorized and directed to do and perform all things and determine all 517 matters not determined by this Resolution, to the end that the Borough may 518 carry out its obligations under the Bonds and this Resolution. 519 520 Section 19: Prohibited Sale of Bonds. No person, firm or corporation, or any agent or 521 employee thereof, acting as financial consultant to the Borough under an 522 agreement for payment in connection with the sale of the Bonds is eligible to 523 purchase the Bonds as a member of the original underwriting syndicate either 524 at public or private sale. 525 526 Section 20: Ongoing Disclosure. The Borough acknowledges that under Rule 15c2 12 of 527 the Securities and Exchange Commission (the "Rule ") the Borough may now 528 or in the future be an "obligated person" with respect to the Bond Bank 529 Bonds. In accordance with the Rule and as the Bond Bank may require, the 530 Borough shall undertake to provide certain annual financial information and 531 operating data as shall be set forth in the Loan Agreement. 532 533 Section 21: Miscellaneous. 534 535 (a) All payments made by the Borough of, or on account of, the principal 536 of or interest on the Bonds shall be made on the several Bonds ratably and in 537 proportion to the amount due thereon, respectively, for principal or interest as 538 the case may be. 539 540 (b) No recourse shall be had for the payment of the principal of or the 541 interest on the Bonds or for any claim based thereon or on this Resolution 542 against any member of the Assembly or officer of the Borough or any person 543 executing the Bonds. The Bonds are not and shall not be in any way a debt 544 or liability of the State of Alaska or of any political subdivision thereof, except 545 the Borough, and do not and shall not create or constitute an indebtedness or 546 obligation, either legal, moral or otherwise, of said state or of any political 547 subdivision thereof, except the Borough. 548 Kodiak Island Borough Resolution No. FY2011 -18 Page 11 of 12 549 Section 22: Severability. If any one or more of the provisions of this Resolution shall be 550 declared by any court of competent jurisdiction to be contrary to law, then 551 such provision shall be null and void and shall be deemed separable from the 552 remaining provisions of this Resolution and shall in no way affect the validity 553 of the other provisions of this Resolution or of the Bonds. 554 555 Section 22: Effective Date. This Resolution shall become effective upon passage and 556 approval. 557 558 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 559 THIS _ DAY OF FEBRUARY 2011 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -18 Page 12 of 12 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Confirmation of the Assembly Appointment to the Board of Equalization. SUMMARY: On January 26, 2011, Ms. Carrie Morton submitted an application for the vacant seat on the Board of Equalization for a term to expire December 2013. 3.35.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. 2. Alternate Members. The assembly shall appoint alternate members. The alternate members shall be named by the assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board of appellants. 5. Term of Office. Upon confirmation, members and alternate members shall serve for three years or until their successors are appointed and confirmed. Of the member initially appointed, two shall serve three -year terms, two shall serve two -year terms, and one shall serve a one -year term. • FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the Assembly appointment of Ms. Carrie Morton to the Board of Equalization for a term to expire December 2013. Jessica Kilborn From: support @civicplus.com . I„ l� I Sent: Wednesday, January 26, 2011 10:01 AM To: Nova Javier; Marylynn McFarland; Jessica Kilborn I Subject: Online Form Submittal: Board Application Form I JAN 2 6 2011 .i The following form was submitted via your website: Board Application Form I ;;(;;toil;} Select the Board, Commission, or Committee applying for:: Board of Equalization Full Name:: Carrie A. Morton VOTER ID NO. VERIFIED BY: S7 Yl' " APPLICANTS RESIDENCE: B OUCH ( CITY I ) DATE APPOINTED'. Residence Address:: 3434 Spruce Cape Road TERM EXPIRES ON: APPOINTMENT LETTER: ROSTER: OATH OF OFFICE: Mailing Address (if different from above):: P.O. Box 2601 FINANCIAL DISCLOSURE: Home Phone Number:: 9074868877 Work Number:: 9074811044 Cell or Fax Number: : 9075391235 Occupation:: Mortgage Lender, Branch Manager Email Address (This address will be used for correspondence):: mortonc@residentialmtg.com Length of residency in Kodiak:: 22 years Are you a registered voter ?:: Yes High School:: Taylor Allderdice College:: Chatham University Trade or Business School:: Hobbies:: Exercise, travel, reading. Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which:: Lions, Senior Citizens of Kodiak Endownment Board Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: BOE Please list organization memberships and positions held:: 1 C KODIAK ISLAND BOROUGH b - ,. C- IfT4IZ t E E QUA LIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Cheryl Boehland 2012 486 -3480 539 -8529 cherylboehlandqmail.com PO Box 8529 Kodiak, AK 99615 Mark Anderson 2012 486 -3377 486 -7950 mandersonfnbalaska.com 1124 Stellar Way Kodiak, AK 99615 Cassandra Juenger 2011 486 -2221 486 -9325 942 -2200 cassandra123(a gci.net 3899 Harry Nielsen Kodiak, AK 99615 John Parker 2011 486 -3084 486 -3084 toybox(a gci.net PO Box 191 Kodiak, AK 99615 vacant .2013. Cheryl McNeil (Alternate) 2013 486 -8415 486 -3100 mcneilmom(a�yahoo.com 2147 Three Sisters Way Kodiak, AK 99615 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 ST -n m '^"' ; `f 4;!-. , ASSESSOR BILL ROBERTS , , ' -9350 brobertslo�kodiakak.us BOROUGH CLERK NOVA M : VA VI .4 - 93'10 nlavier(&kodiakak.us r 1 ;ASSESSICk : 4 A t �£ k .. pNG DEPARTM ..r . OFFICE OF THE BOROUGH CLERK 1 '^ te 710 L B MILAY ■ROAD }z . J , -: 710MILL BAY ROAD n ROOM i i y * Tr r 4 " * ' ROOM 101 biro F K" , tlKOOIAK; AK 9999 a. 615 IC,x '� KODIAK, AK 99615 Revision Date: 1/26/2011 Revised by: JK KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 3, 2011 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. SUMMARY: Cook Inlet Regional Citizens Advisory Council (RCAC) is a council formed in late 1990 as a non - profit corporation. Its mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consists of special interest groups and municipality seats which includes the Kodiak Island Borough. Ms. Elizabeth Chilton expressed an interest to Karen Delaney, Cook Inlet RCAC Asst. Executive Director, to continue her service on the board as the representative for the Kodiak Island Borough. This is her second term on the board and this seat is to expire in March of 2014. Mayor Selby requested the confirmation of his appointment of Ms. Chilton. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to expire March 2014 to Cook Inlet Regional Citizens Advisory Council. [ "The mission of the Council is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet." COOK INLET Cr?: - R C A C • Members .. Alaska State November 19, 2010 Chamber of Commerce Kodiak Island Borough Mayor Jerome Selby Alaska Native P.O. Box 1962 Groups Kodiak. AK 99615 Dear Mayor Selby: Environmental • Groups The Cook Inlet Regional Citizens Advisory Council (RCAC) is a citizen's oversight council for oil operations in the Cook Inlet area; organized under provisions in the Oil Pollution Act of 1990 (OPA 90). The Council's mission is to represent the citizens of Recreational Cook Inlet in promoting environmentally safe marine transportation and oil facility Groups operations in Cook Inlet. Aquaculture The Council, formed in late 1990, as a not for profit corporation, consists of special Associations interest groups and municipality seats, which includes the Kodiak Island Borough. The Board of Directors are elected on a 3 year rotating. basis. The three -year term for Fishing the Kodiak Island Borough seat expires in. March of 2011 The seat is currently held Organizations by Ms. Liz Chilton. City of Kodiak Your participation in this membership process is important to us! Please submit to . our office by January 24, 2011, written notification of your continued appointment of Ms. Chilton or the name of her replacement. City of Kenai If you have any questions about Cook Inlet RCAC or the selection process, please feel • free to contact meat 907 - 283 -7222 or delaney a,circac,org . We look forward to City of Seldovia hearing from you in the very near future: City of Homer Sincerely yours, Kodiak lsland Borough Karen Delaney • Assistant Executive Director Kenai Peninsula cc: Liz Chilton Borough CIRCAC Board of Directors Municipality of AnchoragC - • Cook Inlet Regional Citizens Advisory Council • P.O. Box 2029, Kendi, AK 99611 -8033 Phone.: (907) 283 -7222 r Fax (907) 283 -6102 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — November 22, 2010 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes - Regular Meeting Minutes of October 25, 2010, and Special Meeting Minutes of November 8, 2010, as presented. *Approval of the 2010/2011 Facility Use Agreement for Old Harbor School as presented. *Approval to allow student C. M. to enroll at the Learning Center for the 2010/2011 school year to complete the requirements for a high school diploma and to waive tuition. *Acceptance of the FY11 Special Education IDEA Grant Amendment in the amount of $936,067 for a total grant award of $1,023,914. *Approval of the request to bid 2011/2012 Supplies and Services to include: - Student transportation - Document production equipment - Insurance brokerage -E -rate services and equipment Priority I Telecommunications: - digital transmission services (WAN, Ethernet, fiber optics, ISDN, satellite service, T -1, etc.) - Telephone services (local, long distance, One -Call messaging, 800 service) - Cellular telephone services -Video and audio teleconferencing services - Interconnected voice over IP Internet Access: -E -mail services - Basic internet access (DSL, T -1, wireless, domain name, dynamic host configuration, firewall protection) - Web hosting - Interconnected voice over IP Priority 2 Internal Connections: - Cabling/connectors - Circuit cards and components Kodiak Island Borough School District Board of Education Regular Meeting — November 22, 2010 SUMMARY Page 2 of 3 -Data distribution (LAN controllers, access points, switches, routers, VOIP -Data protection (firewall, tape backup, UPS) - Servers and storage devices - Server -based software - Telephone and video components Basic maintenance of internal connections - Kodiak High School yearbook production - District photography services - Kodiak High School vending services - Custodial supplies -Milk - Perishables - General office and art supplies - Cafeteria food and supplies *Approval to remove Item 12.03, Request to Increase Purchase Order Number 01051006, General Communications, Inc., from the agenda. PRESENTED: School Board President Norm Wooten presented a Volunteer of the Month certificate of appreciation to Old Harbor School Volunteer Kay Barnowsky. APPROVED: Motion to acknowledge receipt of the September 2010 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $9,082,519 and year -to -date general fund expenditures in the amount of $4,701,652. APPOINTED: School Board President Norm Wooten appointed Board members to the following committee assignments: Citizen Advisory Committees Budget Development Committee — All Board members Career & Technical Education Committee — Peggy Rauwolf Certificated Evaluation Committee — Petal Ruch Curriculum Advisory Committee — Petal Ruch Facilities Review Committee — Norm Wooten Native Education Committee — Melissa Borton Policy Review Committee — Norm Wooten, Melissa Borton Safe & Drug -Free Schools Committee — LCDR Brad Apitz Staff Development Committee — Melissa Borton Strategic Education Plan Committee — All Board members Technology Committee — Jeff Stephan, Peggy Rauwolf Wellness Advisory Committee — Jeff Stephan Kodiak Island Borough School District Board of Education Regular Meeting — November 22, 2010 SUMMARY Page 3 of 3 Community Partnership Groups Architectural Review Board —Norm Wooten, Petal Ruch/Alternate Association of Alaska School Board Legislative Liaison — Norm Wooten, Jeff Stephan Borough Parks & Recreation Committee — Peggy Rauwolf, Norm Wooten /Alternate Kodiak Workforce Regional Advisory Council — Peggy Rauwolf APPROVED: Motion to approve the 2010/2011 School Board Meeting Calendar revision as presented. APPROVED: Motion to adopt the following Board Policy revisions in their first reading and to forward the policies to the December 13, 2010, Regular Meeting for a second reading and public hearing: BP 0530, Discontinuation or Closure of Schools BP 3515.4, Recovery for Property Loss or Damage BP 4030, Nondiscrimination in Employment BP 41 11.2, Legal Status Requirement BP 5118, Transfers BP 5119, Children of Military Families BP 5125.3, Withholding Grades, Diploma or Transcripts BP 5131.5, Vandalism, Theft and Graffiti BP 6145, Extracurricular Activities BP 6159, Individualized Education Program BP 6164.4, Child Find BB 9110, Board Membership BB 9270, Conflict of Interest BB 9310, Policy Manual BB 9311, Board Policies APPROVED: Motion to approve purchase requisition number 00025910 to Integrated Health & Wellness in the amount of $35,680 for an on -line employee wellness incentive program. APPROVED: Motion to approve a 2010/2011 certificated contract to Danielle Specht — BA+54/7 in the amount of $42,978 plus $816 special education stipend for 1.0 FTE behavior specialist at North Star Elementary School for 121 days. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.nsifPublic KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — December 13, 2010 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes — Regular Meeting Minutes of November 22, 2010, as presented. *Approval of Out -of -State Student Travel for Kodiak High School World History Class students. *Approval of the FY10 Audit Report as presented. *Acceptance of the FYI 1 Fresh Fruit and Vegetable Program Grant Award in the amount of $14,144. *Approval of purchase requisition number 00025945 to Oregon Educational Technology Consortium in the amount of $13,620 for Smart Boards. *Approval of the request to increase purchase order number 01051006 to General Communications, Inc. in the amount of $43,282.92 for a total amount of $1,200,910.92. *Approval of purchase requisition number 00026003 to NTS Staffing in the amount of $78,000 for speech/language services for the period of January 3, 2011, to May 24, 2011. *Approval of purchase requisition number 00026016 to Follett Software Company in the amount of $11,834.09 for library services improvement. PRESENTED: School Board President Norm Wooten presented a Volunteer of the Month certificate of appreciation to Kodiak Middle School Volunteer Destiny Fitzgerald. ADOPTED: Motion to adopt the following Board Policy and Board Bylaw revisions as presented in their second reading: BP 0530 Discontinuation or Closure of Schools BP 3515.4 Recovery for Property Loss or Damage BP 4030 Nondiscrimination in Employment BP 4111.2 Legal Status Requirement BP 5118 Transfers BP 5119 Children of Military Families Kodiak Island Borough School District Board of Education Regular Meeting — December 13, 2010 SUMMARY Page 2 of 2 BP 5125.3 Withholding Grades, Diploma or Transcripts BP 5131.5 Vandalism, Theft and Graffiti BP 6145 Extracurricular Activities BP 6159 Indivichualized Education Program BP 6164.4 Child Find BB 9110 Board Membership BB 9270 Conflict of Interest BB 9310 Policy Manual BB 931 l Board Policies APPROVED: Motion to acknowledge receipt of the October 2010 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $12,044,661 and year -to -date general fund expenditures in the amount of $8,523,466. APPROVED: Motion to approve purchase requisition number 00026129 to Kodiak Island Housing Authority in the amount of $12,000 for a teacher housing lease in Port Lions for the period of September I, 2010, through June 30, 2011. APPROVED: Motion to allow student P.S. to enroll at the Learning Center and Learning Cafe for the remainder of the 2010/2011 school year to complete the requirements for a high school diploma and to waive tuition. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.nsf/Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — January 10, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve a 2010/2011 certificated contract to Brian Olivera — MA +O/8 in the amount of $33,799, plus $654 special education stipend, plus $654 village stipend, for 1.0 FTE special education teacher at Ouzinkie School for 97 days. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — December 20, 2010 SUMMARY ACTION ITEMS: APPROVED: Motion to approve purchase requisition number 00026167 to Apple Computer, Inc. in the amount of $986,187.62 for Macbooks and related software, equipment and services; and purchase requisition number 00026168 to Apple Computer, Inc. in the amount of $130,053.00 for iPads and cases. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: (19)490/ I Please PRINT your name Please PRINT your name Sco/ ijJ/ ti So # $r1Jf Kodiak Island Borough Assembly Regular Meeting Guidelines February 3, 2011, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly member who is absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting of January 6, 2011. *Resolution No. FY2011 -16 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2011 and Establishing the Date When Taxes Become Delinquent. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of January 6, 2011. 6. AWARDS AND PRESENTATIONS A. National Teen Dating Violence Awareness and Prevention Month - Mayor Selby —S 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Kodiak College Presentation — Barbara Bolson Kodiak Island Borough Assembly Guidelines February 3, 2011 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2011 -11 Amending Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough In Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of The Kodiak Island Borough. Recommended motion: Move to adopt Ordinance No. FY2011 -11. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -22 Supply and Installation of Digital HVAC Control for the Main Air Handler Unit in the Borough Building. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -22 with Control Contractors, Inc of Anchorage, AK for the supply and installation of digital HVAC controls for the main air handler (AHU #1) in the Borough Building in an amount not to exceed $39,123. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 3, 2011 Page 2 2. Contract No. FY2011 -23 Supply and Installation of Digital HVAC Controls for Karluk School. Recommended motion: Move to authorize the Manager to execute Contract No. FY2011 -23 with Control Contractors, Inc of Anchorage, AK for the supply and installation of digital HVAC controls for Karluk School in an amount not to exceed $54,500. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. *Resolution No. FY2011 -16 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2011 and Establishing the Date When Taxes Become Delinquent. 2. Resolution No. FY2011 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2011 -2015. Recommended motion: Move to adopt Resolution No. FY2011 -17. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2011 -18 Authorizing the Borough To Issue General Obligation School Bonds, 2011 Series A In the Principal Amount Not To Exceed $8,000,000 To Provide Funds For School and Related Capital Improvements In the Borough and To Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. Clerk's note: Attached on (greeniipapel is information requested by the Assembly concerning the bond sale authorization. Recommended motion: Move to adopt Resolution No. FY2011 -18. Staff report — Manager Gifford • Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines February 3, 2011 Page 3 D. Other Items 1. Confirmation of the Assembly Appointment to the Board of Equalization. Recommended motion: Move to confirm the Assembly appointment of Ms. Carrie Morton to the Board of Equalization for a term to expire December 2013. Staff report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. Recommended motion: Move to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to expire March 2014 to Cook Inlet Regional Citizens Advisory Council. Staff report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly work session scheduled for Thursday, February 10, 2011, and the regular meeting scheduled for Thursday, February 17, 2011, have been canceled. The Mayor and /or members of the Assembly will be traveling to attend the Alaska Municipal League in Juneau February 7 -9, 2011, and Southwest Alaska Municipal Conference in Anchorage February 8 -12, 2011. The next Assembly work session will be held on Thursday, February 24, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, March 3, 2011. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 3, 2011 Page 4 From: Karl Short Sent: Monday, January 31, 2011 4:33 PM To: Rick Gifford Subject: Attached 2011 Kodiak Island Borough Loan This is the proposed bond schedule. Page one shows the sources and uses of the Series 2011 One Kodiak Island Borough Loan. It shows how much we expect td sell the bonds for and what we are going to use the proceeds for. Page two shows the amount of bonds we are selling for each year and what the coupon rate is on these bonds. The coupon is the amount that the Borough pays with the maturity of the bonds. The coupon rate is not the actual interest we are paying on the bond issue. When you look at page 3 of the schedule the yield column is the estimated actual interest rate that we will pay. This estimate should be very close to the actual amount. We are setting this issue up so that some of the bonds (3/1/2022 to 3/1/27) may be called early. By this time we may be able to refinance these bonds and pay a lower interest rate. • • • r • Jan 19, 2011 11:46 am Prepared by Western Financial Group, LLC Page 3 BOND PRICING Alaska Municipal Bond Bank Series 2011 One Kodiak Island Borough Loan Maturity Call Call Bond Component Date Amount Rate Yield Price Date Price All Bond Maturities: 03/01/2012 260,000 3.000% 0.620% 102.368 03/01/2013 270,000 3.000% 1.040% 103.869 03/01/2014 280,000 3.000% 1.460% 104.504 03/01/2015 285,000 4.000% 1.970% 107.771 03/01/2016 295,000 4.000% 2.340% 107.789 03/01/2017 310,000 4.000% 2.720% 107.042 03/01/2018 320,000 5.000% 3.090% 111.940 03/01/2019 340,000 5.000% 3.430% 110.903 03/01/2020 355,000 5.000% 3.710% 109.794 03/01/2021 370.000 5.000% 3.960% 108.519 03/01/2022 390,000 5.000% 4.180% 106.646 C 03/01/2021 100.000 03/01/2023 410,000 5.000% 4.350% 105.225 C 03/01/2021 100.000 03/01/2024 430,000 5.000% 4.510% 103.909 C 03/01/2021 100.000 03/01/2025 450.000 5.000% 4.670% 102.612 C 03/01/2021 100.000 03/01/2026 • 475,000 5.000% 4.820% 101.415 C 03/01/2021 100.000 03/01/2027 500,000 5.000% 4.960% 100.312 C 03/01/2021 100.000 03/01/2028 525,000 5.000% 5.090% 98.984 03/01/2029 550,000 5.000% 5.190% 97.794 03/01/2030 575,000 5.250% 5.280% 99.642 03/01/2031 610,000 5.300% 5.350% 99.390 8,000,000 Dated Date 03/01/2011 Delivery Date 03/01/2011 First Coupon 09/01/2011 Par Amount 8,000,000.00 Premium 298,675.95 Production • 8,298,675.95 103.733449% Undenvriter's Discount - 43,538.75 - 0.544234% Purchase Price 8,255,137.20 103.189215% Accrued Interest Net Proceeds 8,255,137.20 • � • • I Jan 19, 2011 11:46 am Prepared by Western Financial Group, LLC . Page 2 • BOND DEBT SERVICE Alaska Municipal Bond Bank Series 2011 One Kodiak Island Borough Loan • Period Annual Ending Principal Coupon Interest Debt Service Debt Service 09/01/2011 189,083.75 189,083.75 03/01/2012 260,000 3.000% 189.083.75 449,083.75 638,167.50 , 09/01/2012 185,183.75 185,183.75 03/01/2013 270,000 3.000% 185,183.75 455,183.75 640,367.50 09/01/2013 181.133.75 181,133.75 03/01/2014 280.000 3.000% 181.133.75 461,133.75 642,267.50 09/01/2014 176.933.75 176,933.75 03/01/2015 285,000 4.000% 176,933.75 461,933.75 638,867.50 , 09/01/2015 171,233.75 171,233.75 03/01/2016 295,000 4.000% 171,233.75 466,233.75 637.467.50 • 09/01/2016 165.333.75 165.333.75 03/01/2017 310,000 4.000% 165,333.75 475,333.75 640,667.50 09/01/2017 159,133.75 159,133.75 , 03/01/2018 320,000 5.000% 159,133.75 479,133.75 638,267.50 09/01/2018 151,133.75 151,133.75 03/01/2019 340,000 5.000% 151,133.75 491,133.75 642,267.50 09/01/2019 142,633.75 142,633.75 03/01/2020 355,000 5.000% 142,633.75 497,633.75 640,267.50 . 09/01/2020 133.758.75 133,758.75 03/01/2021 370,000 5.000% 133,758.75 503,758.75 637,517.50 09/01/2021 124,508.75 124,508.75 03/01/2022 390,000 5.000% 124,508.75 514,508.75 639,017.50 09/01/2022 114,758.75 114,758.75 03/01/2023 410,000 ' 5.000% 114,758.75 524,758.75 639,517.50 09/01/2023 - 104.508.75 104,508.75 03/01/2024 430,000 5.000% 104,508.75 534,508.75 639,017.50 09/01/2024 93.758.75 93,758.75 03/01/2025 450,000 5.000% 93,758.75 543,758.75 637,517.50 • 09/01/2025 82,508.75 82,508.75 03/01/2026 475,000 5.000% 82,508.75 557,508.75 640,017.50 09/01/2026 70,633.75 70,633.75 03/01/2027 500,000 5.000% 70,633.75 570,633.75 641,267.50 09/01/2027 - 58.133.75 58,133.75 03/01/2028 525,000 5.000% 58,133.75 583,133.75 641,267.50 09/01/2028 45.008.75 45,008.75 03/01/2029 550.000 5.000% 45,008.75 595,008.75 640,017.50 09/01/2029 31.258.75 31.258.75 03/01/2030 575,000 5.250% 31,258.75 606,258.75 637,517.50 09/01/2030 16,165.00 16,165.00 03/01/2031 610,000 5.300% 16,165.00 626,165.00 642,330.00 8,000,000 4,793,612.50 12,793,612.50 12,793,612.50 Jan 19, 2011 11:46 am Prepared by Western Financial Group, LLC Page 1 SOURCES AND USES OF FUNDS Alaska Municipal Bond Bank Series 2011 One Kodiak Island Borough Loan Sources: Bond Proceeds: Par Amount 8,000,000.00 Net Premium 298,675.95 8,298,675.95 Uscs: Project Fund Deposits: Project Fund Deposit 8,252,000.00 Delivery Date Expenses: Underwriter's Discount 43,538.75 Other Uses of Funds: Additional Proceeds 3,137.20 8,298,675.95 Regular �/ Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET D Date: Or dr b I Convened: Recessed: Reconvened: Adjourned: BY: BY: I 1 BY: B Y: �a B Y: , �, I SECOND: SECOND: . I SECOND:-141-04 SECOND: SECOND: i � i ) G\)‘" A e i \\ ,,4 \ J DIP j ) gst : YES .NO YES NO . ' YES .NO -YES NO - ' . ; . YES NO Ms. Austerman V Ms. Austerman Ms. Austerman ✓ Ms. Austerman$i ✓ Ms. Austerman t/ Mr. Friend 1 Mr. Friend Mr. Friend X / Mr. Friend Mr. Friend Ms. Fulp Ms. Fulp Ms. Fulp ✓ Ms. Fulp ✓ Ms. Fulp - V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey ✓ Ms. Jeffrey ✓ Ms. Jeffrey t/ Mr. Kaplan / Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan V Ms. Lynch V Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch V Ms. Stutes 1/ Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes p/ [CHANGE OF VOTE? RANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: TOTAL: TOTAL: 4 3 TOTAL: 4 3 TOTAL: r'/ 0 The mayor ma vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby - / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET P O Regular t/ Special Date: I o ii Convened: Recessed: Reconvened: Adjourned: BY: BY: / I BY: V t I , I BY: BY: J ii6-- 11 ' , ',' (� � SECOND: �I`� SECOND': ECOND: SECOND: � : ��� SECOND: f � '^ itt � Asti r S ti\ 1 /1 c Y ` 33°C-{(1/\19' . \N \ ICI) 0 Oa-VC) \94/tY 1, y � cuca r OY YES. aN0 . YES'- NO = YES' NO YES " NO - tYES .NO . Ms. Austerman v Ms. Austerman Ms. Austerman V Ms. Austerman ✓ Ms. Austermt ✓ Mr. Friend Mr. Friend ✓ Mr. Friend ✓ Mr. Friend ✓ Mr. Friend ✓ Ms. Fulp 1/ Ms. Fulp ✓ Ms. Fulp Ms. Fulp ✓ Ms. Fulp Ms. Jeffrey , / Ms. Jeffrey Ms. Jeffrey ✓ Ms. Jeffrey 1 Ms. Jeffrey Mr. Kaplan v , / Mr. Kaplan Mr. Kaplan Mr. Kaplan V ✓' Mr. Kaplan ✓ Ms. Lynch �/, / Ms. Lynch / Ms. Lynch / Ms. Lynch n V Ms. Lynch Ms. Stutes V ,/ Ms. Stutes v Ms. Stutes ✓ Ms. Stutes Ny ✓ Ms. Stutes ' .,_CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' • _ '- TOTAL: 1 0 TOTAL: 7 0 TOTAL: 7 0 TOTAL: 17 V TOTAL: � b The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assem y. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular / Date: $� or • 0 Convened: Recessed: Reconvened: Adjourned: Of . 6D 0 0' . BY T _ C BY: BY: BY: BY: SECOND: ��v��1 UUU SECOND: SECOND: SECOND: SECOND: OK-V Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Friend (F V Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Jeffrey I Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Stutes v Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes 12 _ : ICHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?[. _ TOTAL: q C) TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby W I L L 74 Al . 4- G� RCAC Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the Alyeska terminal and associated tankers." In Anchorage: 3709 Spenard Road / Suite 100 / Anchorage, Alaska 99503 / (907) 277 -7222 / FAX (907) 277 -4523 In Valdez: P.O. Box 3089 / 130 South Meals / Suite 202 /Valdez, Alaska 99686 / (907) 834 -5000 / FAX (907) 835 -5926 MEMBERS January 5, 2011 Alaska State Chamber of Commerce City Clerk Kodiak Island Borough Alaska Wilderness 710 Mill Bay Road Recreation & Tourism Association Kodiak, AK 99615 Chugach Alaska To Whom It May Concern, Corporation of Cordova Signed into law by President Barack Obama on October 15, 2010, the Coast City Guard Authorization Act of 2010 and 2011 in Section 711 amends the Oil City of Homer Pollution Act of 1990 to require that laden double - hulled oil tankers in Prince William Sound be escorted by at least two highly capable towing vessels. City of Kodiak Preserving the dual tugboat escort system in Prince William Sound is City of Seldovia recognized by numerous individuals and communities as being one of our best and most enduring safeguards available to prevent future environmental City of Seward disasters. Successful passage of the Coast Guard Authorization Act demonstrates the effectiveness of having a unified stakeholder voice City of Valdez participating in crucial decisions about oil transportation safety. City of Whittier In recognition of your work to ensure these protections were preserved in law Community of and extended to double - hulled tankers, the Prince William Sound Citizens' Chene Bay Advisory Council wishes to present you with this copy of the Coast Guard Authorization Act. We hope that this copy of the Act reminds you of the Community of Tatltlek efforts that have been made by yourself and many others to protect our Prince William Sound. • Cordova District Fishermen United On behalf of the council, thank you for a job well done. Kenai Peninsula Borough Sincerely, Kodiak Island �i1. Borough V Valter Parker Kodiak Village Mayors President of the Board Association Oil Spill Region Environmental Coalition Port Graham Corporation Prince William Sound Aquaculture Corporation 0 Printed on Recycled Paper K . :. : • .. ... ?: .:,:„' %:;:'' / ,..qIWW. cy ) -;-?.'.:.:Y.1'...>:::2:Y.:):::.:.;:.:::: •. VALDEZ . •- . , 9• , ' ---- ., kur _ 1•1111w •11 VALDE - /V 0 ,...1 oi. N•rt - ' • nd • A, ‘,) c A, . ■,) w G ) 4 ,J ,C, d ,/ ,',.j,/ •=t), T• TITLEK . cp sther Gin;air . _.0 WHITTIER S Is !. d n 6 Island • O. • Is 0 * 1 • p ,s, ', PORT FI DP1/4 • t , Elligh Reef 9 v# , i , , , , , . % . ...0 .. . 60°-4-07-N \ ''' 4 No1:21Wand - 9 4 9e ° P it) ConOal Sound A3ri ...._ , 2 ' WILLIAM S gfr C % • DOVA '1.• 6 a• i # V < .,, I • • :c _ • •:7 , , .„..--- , , Hinchinbrook -r<■:, •-i 4 C - I•chinbrdok Ent /slan ra • e 0 a 0 <IS • l a , ■ , d' 0 I I • et • a ,„ 41 , • it 4- Cs 05 lb from the Valdez Terminal Oil tanker route to and ,, , _ • Alk, B • 7 C a e ...la GET T , , 'ug t ' o ....\ 0 0' _J v I . '... BAY .. ■ . Ili C C Lfr OF ALASK . • - .... . • • a4r,' : § 3 -1.4 '' "^ 4 f ". 2 s ..r� - : , " t `{ " r, v y �t PROTECTI NG PRINCE WILLIAM SOUND A ND ) '> vi ...''t WI S e- ' T IlEREST;"OF HE e • EXXON VAL E " i� ' '" - ' " 'k ' '" _ s LL A RE A " A LD . ADYi5 0RY C O UNCIL�EX PR = ^' 'F` "113 ' Fem.��"�t, ° 'Egg 3r b f. BE iT9RESOLVED.rthat the Aluka State Legislature sup orts the - t , ' ` " ` ...i t' - .. ., ! ,.. "y ' 't i '' ''t. . ff co myPrince 'iWtllamt Sound "b Paceompan}rng 1 load oil tanker with at leastt two" ess ,'c" '"tA 7„,::1„.,,4' HfR 19 Paned b theALukn'Houre a S enate, March 27. 2009 x � 44W � o vsel it x KODIAK ISLA c&,, The dual eswrt cove of tankers op in William Sound bas ped.,,,t,,, ,, ee oilftrans ,.o tem t , t, world c..Their t ] continuedruse ..is nex qe lnsur ; ,z to- protect, the; environment 0f rincei PW illiam'3Sou d an d manta n' e z :cell 1 l flow,ofoil ma e ° `,$ fT `„a' u ., " { "M) " , + r j , FOR YOUR COMMITMENT TO, SUPPORT FOR, AND ACHIE Jv ° `'f`Ser or lua`Murkows May S '� ° � � ry p� ".. g 2009 -A « � sr ^ r rr x y AS §71 1 (b) OF THE COAST GUARD AUTHORIZATION A� The dua th'maayyuinesover[he Watt & USE OF DUAL ESCORT VESSELS FOR DOUBLE-HULLE '�'tlts [dual escort tu fordouble- hull m this bdl' uard AuthorizauonAct]nas , victory for termiprotec a SOUND, ALASKA THEREBY HELPING: ah- [Coast G non of important watershed. ' .a'. ' In: + a a X Senator Mark Be Sept mbrr.2009 - fi , To facilitate the uninterrupted safe transport of oil from the Valde xt a h+it' yf '� , + , - " w t• ° - another major oil spill in the Sound; "Whg weaken the m in oil traiiT o s ys te ms ' we�have in''pplace)aow' twn v [m Pnnce�Willia d] which as th • To protect the waters, the marine resources, species, and human se in•.the worlds ` tC` �' { ¢� > n their habitat, and other natural resources of the Sound and of the ? ' Con greoma n Do l'oun 0 06 � vz s �`"T'o`t # ' 5� 'L• a '.a 2u t x; 4 1 ; � t " ' a • To protect the environment and the lives and livelihoods of peoplt C o n gresstona l ,acuon i re to amen dOPAO19 9 'e zte n ti' the r Spill Area • dual escortirequirement ` #.tlt assistance'k we must i g..., V remain wgtlantIn ensu ossible transportation standards a°" _ ..t ' ' �3 >ea 1 ' W 6 .+, mA Gott �`� p er t A - , `5 gati �.• G Ik',.� �,�, '[, ' ��" s . f�„ �. r"f , ID ysxr rd Gout.Sarah in a lettertt Congre:War: dekgarron vi s s � t "cif t r g� „ j f n t r" �g , # d v T F iC�m AP 2 — k t a sh ;fir t' . myy�;/ � .. Y p ° q w. w g3 Y } j `" '' 3n k �"" t '�,' A `+ " , „vs,' s. � us t d aF p . pr v ' ' ._ } tro s rt � ,' �P"^'f e'-."n"i, ' � ` xry tL � We mus do eve possi to prevent anothe or o d s d l 4° ;;; f - "-�' 0;04. c' ,, -44 l a L est anyone be tempted toleet down the eve j . t Keehe tugs on the �° " - , se. r .� ` .s.,, - ca. �"n�' `a, rID, #4 , "" Sound and the oil out ofit a 'i i" �u, 4.. � ) ' 4. ,±'� aaY 3'�¢ "s s� l ` 4 `*F � "' *x � w^ t ` > I' <° f.:,;:.wAneborage DatfyNeFii h # '';a �s < „y m. , y 'k s rk +".'.,k k 4"-:-;,41? m a t 1410 n Senate should s tlt Ales�ka' "tlel aot Iles t he Sea 9“,'W " ''s 1 ' k r a ` 4 � tl L • a `'• 5~ • 443;11412:S. r simdaz a bein a dvocated b q Don""',Yo and t t s t `4' �' s t x ' ,' s d Lin .� gi - ry Ye, t p r ig ' a a r r $ 141:4,U40,4=47," ,. . .,b ur '. a ros i ., t +v s t i~ �. sho Fo do, someone cuts a comer we all ends re (S.ging; a a t" "'r � -0- "a - Ent r , � . 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' • n m:aa w.9 - a .' p a.wr. eeir� mri.w Ps ai ? e � e 4 � '234 n a medal s ca v House � s�tmwvt.. , . ,,metw. of y ryy ; 0 . . b �'' 4 a z. �P °1r t U nitd Smtr q ®CISM Ltn06r1TIL .Irmo ora2tr0. l h . ' ' f ® = to � is) imoar Tins -ms Att mar be did t 790.st Guard S f 9k'" '+• ` `Jr 4 ) A ubrinbea Ad olaaie' y4 �' < 5 P° I { D - -.(hl TA NG or (ba ftlnx T . tale tf mvtwY 1 , rNn Act ' ,«° ' gb:bis 4 f 244 e.nuus.' adman. y S r • t • 4 l a ? `3s tt- yt mmir- esmtnen.noN �, j a r ' ' 4"x '' `+ `e .6 a. . roL A__c— .w . W a.m!a. x w +r q , t e — I S, .,r sn- miarotiem.- " 1 a t i F * rc ` • .m i I. ' ml s.�mdp ra.v..or a ..:at..d'. � 4 4i ". '.' .. � , .+.caw v .�s: -t e , . '`•££11't,r , ,✓ ` . 1 ,, yayyrr �L t- 3 .' 9.e Kt Cosa a..pmia m u. Amid r:r. sauna.' Mm lava) k " °aA`k�b^k. t' '�. -4 A ' t 'maw t p1 pYtjp �✓ w x ' fur t Wr. ,...WwW .. - ° et ,{' ^'lb'y,r'i 1yypytYom� £ �T Bni,Y 1. .-as i0. R. ,. yay.v ,t biSI ..tP9np 1 i, ^ fi'- 4 • .><su'e.a.wam. .er:w..trsaes 7r a^:. Ill: y " ° d: : art mm,asrar.�a mr mm . we nt wpamm.a ...pwmoaw 0 nines. s )"t A o ty id 5 act. fle' Mfeel pawweb m a.m. R P a) ; e1.6° m a+°°`tle "°'a'""` r Original Source Alaska Department of Natural Resources, I c m a mu. t intim* �, .r : tnt. u4.- swprow Sal NA V I Wnoa e:: mr Sand et ti ..a.:rar.b • - se seL a.nu. was t.•w.a•sAesma+.pn ®Pm.....m. -m • t '§ • Goes of Cordova, Homer, Kodiak, Seldovia, Seward, Valdez &Whittier 4 &e sw raBJN mutlrbbOmprvtY.. �+ • am sw a.w.t.almaa.at Alaska Wilderness Recreation &Tourism Association sines °e � "n"` a tt a th "p°' ®` °w`°' Communities of Tatitlek and Chenega Bay a Kodiak Village Mayors Association ' ,=t. '^ . _ ". t Chugach Alaska Corpondon Reg a, ,...;. .. t a „: °a n,:.... x we, r�'. - -r <w .x • s ..:,: +s.: six: "...�. ° a :. . ' >. ^.a , a. .- �•.'e: Kenai Peninsula BorouF.h . i' '` x :M• ^, FF n4. " p� . a E1)' . ri S a . " =sue,. e k {` z . q y � R " 9 '� 4'i y i 9 R °'� r { x d UND R EGIONAL, Gt e z ER T P L 1 1 1 =is " 1 c- * '��' � '+`� ar � � � ";s STAT`i12905) e y H:t S ES ITS DEEP APPRECI Nr O Ire '_ r, ' ,°.. `^ , , : `' w:':�ry .. ....s 4 .`:- ,IL a� � y p•. rite ; ,7. X " Secu Tug Esc ■for Laden Oil N D B OROUGH N , T ank ers . _ : (b Dual Escort „ Ye s sels �� foi t 4 .±. T ,ftat 1 � q ' , 5x . Double HulledM Tank m rPrince' Wil i am ?MENT OF THE ENACTMENT OF FEDERAL LEGISLATION v. R 1 °, A ; e oa i 4� like- tM-a ` r ; 'OF 2OlO(P. L. 111-281) TO ENSURE THE CONTINUED ' ' ")v* , � ` � . 0. -�` ” , r ,z '^.$'k r Sound T he regturement r , ' , AI,: OIL LADEN TANKERS TRANSITING PRINCE WILLIAM ; • f,. s . t ; : i � f '' '° . t y. t r ' r r re lating t0.1''.7' single hulledl «tankers Prince ✓larine Terminal through Prince William Sound and to help prevent r "u 14` „, .. to rut' " 'f'''' { x a ,� , . b 2 x escorte d ices injured by the Exxon Valdez oil spill, the fish and wildlife and t 4 * 0 S= ' g l Oil Spill Area; and a.. � - j - ' tire Exxon Valdez P by It least 2'ltowtng vessels or other , ,tz ving and working in the Sound and the rest of the Exxon Valdez Oil y ,, E ra a :` v ex .. t f z c onstdered l o3l a a pp rop riate b thSecre e ta ry ' es; -.''` , n' $";'v' ;; ; "of-o,. x'#v . S'a„ I g,b, ,ea ▪ +€ e ; ;„ x r.3a l � + a , °� s i z . " shalli"apply to d tankers over >« �.s " +. � lz lz^ f .P " :war s 4,1 1"'e'• . lac # .4' �„"'t+r" snip i $ g f � ; r r + -`„ • • E ° ' e a ; e ' m e A Asti' 4 fl 'r' x 5 ��� rOSS LOIIS trans OCttn - Ulk r sal, w. >e.rx � altlek y ' g � l ,� ' E. � e y d .-4. ,tE `•. P t . .144 ?€ t ▪ v- � 1 2 -x. 3 , n p 'd,,,,,..,4* t 4 r, ' . . 1 x k , f ti' WILLIAM � r 1 ' f,. ' ' 4Princer°Willlani Sound, Alaska , - y i1 ter SOUND j : " 3 D t + >s ` .' Kenai "I r,i ' : -,1,2, 0 I k ^. „yaw .✓ a ' .. tie"^''! ;320 S ji �� �� ' . _ r.".•.., " : , k.•ir ; a •t.- Y fa eV 40t ,} a n d d 1 � ) i, ,rt se 4 61' ,..E ,, ,,, e ', \ ` 5'I' �„ r v . Ara, 1 tf 1 /`"°°""""a 1 8+31445' a ama-us Neat ,�r . 1�' , ` P 5 do. l 4 d ll. uodiro,rcu.wb wN b U id . j .a.mr b.. a r".Ibr c. °° ..rd.a w Pr f 70 L,. " may, wC rv odl a. Im:t«r. «v«�.ImNw rvw eHb.. «meu«I.uea itae - , #. u e b 4 d $ de , n N.W b.atl WLd W ofbr uefouller.r.ba - ;tr o d + •- � _ de e t nem w v..... a w° b rb P w.. f a • be—I— i yvn ' >, vereu•ciu.^ ,._ .r Ne V' Sr i no un. idea wr.m er I SIS l ss oe c , 4. ti neon «u�r n & a at . advar s.+< ax r�.«arl «,. elsr 1 1 • Kodiak _ .: / , / mow t. THE EXXON VALDEZ a°u au &� p j ? OIL SPILL AREA ' ' ` iY , Southcenlral Alaska • 4 'ft o 126 m11. $242: r7 "` 4 t Exxon Valdez " sti - °r N . , h A PPROVED Oil Spill Area 01151110 O . 1 nds Records Information Section, May 31 1995 (as enhanced November, 2010) 1 •. "' r ` ` 144, Prince William Sound Aquawltme Corporation , a ` s O r, Oil Spill Region Environmental Coalition � c Alaska State Clamber of Commerce ' ) AA �'` l 4. . \C/YC 6 ° Cordon District Fishermen United -. ., I Adtisory CommOh' Port Graham Corporation 1 '. r z Kodiak Island Bomug .x 1 'n'vt Bi nnefe "*'-,"35c_ "+..+X "kair "'°' ^ ?La'rhav x'cTirSSII , w