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2016-02-04 Regular MeetingPage 4-12 13 14-15 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 4, 2016, 6:30 p.m., Assembly Chambers INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 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. 5. *APPROVAL OF MINUTES A. *Regular Meeting Minutes of January 7, 2016. 2016-01-07rmminutes. 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Teen Dating Violence Awareness Month National Teen Dating Violence Awareness and Prevention Month B. Coast Guard Appreciation Day Coast Guard Appreciation Proclamation 8. COMMITTEE REPORTS Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 1 of 98 9. PUBLIC HEARING 16-32 A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. Ordinance No. FY2016-12 Building Code - Engineering - Pdf 2016-02-01 Comments on Engineering Ordinance No. FY2016- 12 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 33-68 A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. Reconsideration Fish Analyst Contract - Pdf 13. NEW BUSINESS 13.A. Contracts 13.6. Resolutions 69-72 1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Resolution No. FY2016-26 Communities CIP List - Pdf 13.C. Ordinances for Introduction 13.D. Other Items 73-78 1. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board (Ms. Summer Blain). MBRSAB Application, Roster, and Board's Recommendation - Pdf 79-90 2. Confirmation of the Mayoral Appointment to the Kodiak Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 98 Workforce Regional Advisory Council Business Management Information Technology Seat (Paul Vandyke). KWRAC Applicants, Roster, and Code Section - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.13. Reports 91 -98 1. December 2015 Change Order Report, KHS Wilson, Other Projects Report, Project Budget Summary, and Project Contingency Summary. December 2015 Project Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at93 www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough .k wwwodiakak.us Page 3 of 98 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 7, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on January 7, 2016, 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 Assembly member Dan Rohrer. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA PETERSON moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of January 2016 as National Stalking Awareness Month and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS Neal Cooper spoke in favor of people's rights and spoke against marijuana. He shared an example of what was happening in Oregon due to marijuana and in relation to the effects to come to our community. Brent Watkins spoke about citizens' comments being missed and thanked Mayor Friend for reaching out to him on the matter. Alexus Kwachka spoke about the importance of transparency and commended staff for their hard work. Jeff Stewart spoke on the advertising efforts for the borough manager position and questioned the credentials required. COMMITTEE REPORTS Fire Protection Area No. 1 Board Chairman Scott Arndt introduced the new Fire Chief Mr. Howard Rue III and gave a brief update to the projects they were working on. Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 1 of 9 'Regular Meeting Minutes of January 7, 2016. Page 4 of 98 AGENDA ITEM #5.A. Mayor Friend provided a brief update on the Local Emergency Planning Committee meeting he attended Tuesday, January 5 and encouraged attendance to future meetings. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. SKINNER moved to voice non -protest to the Stale of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership, Location Change, and DBA Name Change permit Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. The application was for a liquor license transfer of ownership and dba name change permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. The Clerk's Office mailed out 14 public hearing notices on Tuesday, December 15, 2015. One response had been received by Jamie Brooks, Chief, Central Region Aviation Leasing, State of Alaska, Department of Transportation and Public Facilities. CROW moved to postpone to the regular meeting on January 21, 2016. Concerns were raised regarding outreach to the outlying villages and missing the 60 -day comment period. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Stephens, and Symmons. Mayor Friend opened the public hearing. Brent Watkins reported seeing multiple advertisements in the Kodiak Daily Mirror. Mayor Friend closed the public hearing. CROW moved to postpone to a special meeting on January 14, 2016. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: LeDoux, Rohrer, Stephens, Symmons, and Crow (Ayes); Peterson and Skinner (Noes). B. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. ROHRER moved to voice non -protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and DBA Name Change permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 2 of 9 'Regular Meeting Minutes of January 7, 2016. Page 5 of 98 AGENDA ITEM #5.A. The application was for a liquor license transfer of ownership and dba name change permit for Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island Grocers #1796. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. The Clerk's Office mailed out 45 public hearing notices on Tuesday, December 15, 2015. Two responses had been received; one from the applicant and one from the Alcohol Beverage Control Board rescinding the application. ROHRER moved to postpone indefinitely. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. C. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003). SKINNER moved to adopt Ordinance No. FY2016-10 The request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial. A comprehensive Plan amendment was a necessary prerequisite to rezone the subject lot from C -Conservation to (- Industrial. If the Future Land Use designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their November 18, 2015 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. The Clerk's Office mailed out five public hearing notices on Friday, December 18, 2015. No responses had been received. Mayor Friend opened the public hearing. Brent Watkins spoke in favor of approving Ordinance No. FY2016-10. Mayor Friend closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, LeDoux, and Peterson. D. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 3 of 9 'Regular Meeting Minutes of January 7, 2016. Page 6 of 98 AGENDA ITEM #5.A. Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. SKINNER moved to adopt Ordinance No. FY2016-11. The purpose of the ordinance was to change the commencement and adjournment times for Assembly regular meetings and regular work sessions. The ordinance also provided flexibility to call other meetings and work sessions as the Assembly deemed appropriate as long as reasonable public notice was given. Staff checked with KMXT Manager Mike Wall who stated that the meeting time change could be accommodated and they would continue the broadcasting of Assembly meetings. The Assembly also requested that Section 2.30.060 Order of Business and Agenda be amended by switching the order of awards and presentations and citizens' comments. Mayor Friend opened the public hearing. Scott Arndt and Judi Kidder spoke in opposition to changing the meeting time and suggested moving citizens' comments to appear before executive sessions. Judi Kidder suggested moving Assembly members' comments before executive sessions as well. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, Peterson, and Rohrer. BOROUGH MANAGER'S REPORT Manager Cassidy announced there was a joint work session with the City Council scheduled for Wednesday, January 27, 2016 to receive a presentation from the Alcohol Beverage Control Board, Director Cynthia Franklin. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • He and Assembly member Skinner met with Kodiak Island Borough School Board members Duncan Fields and Bob Foy for preliminary discussion on budget meetings • Invited community to participate in the strategic planning special work session scheduled for Saturday, January 16, 2016 in the borough assembly chambers • Received a sponsorship request for the State of the Alaska State Budget community presentation UNFINISHED BUSINESS 1. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 4 of 9 "Regular Meeting Minutes of January 7, 2016. Page 7 of 98 AGENDA ITEM #5.A. Prohibited Land Use. The motion on the floor was: Move to adopt Ordinance No. FY2016-07. CROW moved to adopt Ordinance No. FY2016-07 by substitution. There was a growing awareness of the need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address the multi -faceted issue. Some of the existing regulatory requirements for recreational vehicle parks had been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks. The amendments addressed the issue by reducing or eliminating some of the zoning requirements for recreational vehicle park development. The Planning and Zoning Commission held work sessions and/or special meetings to review the proposed amendments on August 12, September 2, September 9, October 7, October 14, and November 10, 2015. The Commission held public hearings on the amendments at their September 16, 2015 and November 18, 2015 regular meetings. Following the November 18, 2015 public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending Chapters 17.25 KIBC, 17.165 KIBC, and related Chapters of Title 17, Zoning to revise and update the standards for recreational vehicle parks in the Borough. The Assembly postponed Ordinance No. FY2016-07 on December 17, 2015 to the January 7, 2016 regular meeting. The Assembly requested that they be provided a copy of the Attorney's review. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Crow, LeDoux, Peterson, Rohrer, and Skinner (Ayes); Stephens and Symmons (Noes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Crow, LeDoux, Peterson, Rohrer, and Skinner (Ayes); Symmons and Stephens (Noes). Z 141 1b9ILII* : Contracts None. Resolutions 1. Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. ROHRER moved to adopt Resolution FY2016-22. The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 5 of 9 *Regular Meeting Minutes of January 7, 2016. Page 8 of 98 AGENDA ITEM #5.A. processors and sharing the collected taxes with affected municipalities. Applications must be submitted annually by municipalities to receive an allocation from the program. The resolution would allow the Kodiak Island Borough to submit its application for the FY2016 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application was a required portion of the application. The FY2016 Shared Fisheries Business Tax allocation would be based on the population of each of the cities within the borough, and the Borough's allocation would be based on the total population of the Borough less the population of each of the cities. Last year Kodiak Island Borough received $60,771.55 as their share. The total allocation to The Kodiak Area FMA for FY2015 was $193,352. For FY2016 Kodiak Island Borough was slated to receive $80,882.25 and the total allocation to the Kodiak Area FMA for FY2016 was $255,742.52. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Stephens, and Symmons. 2. Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $1,815,000 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. CROW moved to adopt Resolution No. FY2016-23 On October 6, 2009, the Kodiak Island Borough voters approved the sale of $76,310,000 in general obligation bonds for the expansion and renovation of the Kodiak High School facility. Resolution No. FY2016-23 approved the sale and sets certain details of the bonds. This would be the fifth sale of bonds related to the project, the previous four sales added up to $65,000,000 and there was $11,310,000 remaining unissued currently. The bond issue was reimbursable by the State of Alaska at 70%. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Stephens, Symmons, and Crow. 3. Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a Kodiak Representative to the North Pacific Fishery Management Council LEDOUX moved to adopt Resolution No. FY2016-24. The resolution was prepared at the request of Assembly member Skinner. The purpose of the resolution was to urge Governor Walker to appoint a Kodiak representative to the North Pacific Fishery Management Council (NPFMC). Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 6 of 9 "Regular Meeting Minutes of January 7, 2016. Page 9 of 98 AGENDA ITEM #5.A. The Assembly had adopted such a resolution in 2001, Resolution 2001-09 was adopted recommending KIB resident Kevin O'Leary to the NPFMC. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. Ordinances for Introduction None. Other Items Declaring a Seat on the Solid Waste Advisory Board Vacant (Ms. Tia Leber). PETERSON moved to accept, with regret, the resignation of Ms. Tia Leber from the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancy per Borough code. Ms. Tia Leber had served on the Solid Waste Advisory Board (SWAB) since August of 2015. Ms. Leber announced that her family was moving out of Kodiak at the last SWAB meeting. Notice was also stated in a previous text to the Clerk's Office staff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, LeDoux, and Peterson. 2. Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Jeff Stewart). PETERSON moved to confirm the mayoral appointment of Mr. Jeff Stewart to the Solid Waste Advisory Board for a term to expire December 2016. There were currently two vacancies on the Solid Waste Advisory Board for terms to expire December 2016. An application was received from Mr. Jeff Stewart on December 14, 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, Peterson, and Rohrer. 3. Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr. Patrick Saltonstall, Mr. Helm Johnson, and Mr. Ben Millstein). ROHRER moved to confirm the Mayoral appointments to the Parks and Recreation Committee as follows: • Mr. Helm Johnson for a term to expire December 2018 • Mr. Patrick Saltonstall for a term to expire December 2018 • Mr. Ben Millstein for a term to expire December 2017 There were currently five vacancies on the Parks and Recreation Committee and the Borough Clerk's Office had received applications from the following incumbents Mr. Helm Johnson on December 1 and Mr. Patrick Saltonstall on December 18; and an application for a vacancy from Mr. Ben Millstein on November 13, 2015. Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 7 of 9 'Regular Meeting Minutes of January 7, 2016. Page 10 of 98 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. ROHRER moved to suspend the rules to move agenda items 15 and 16 to position 14 and 15. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Stephens. CITIZENS' COMMENTS Judi Kidder spoke about public process and following the Borough Code. Scott Arndt provided clarification and background to Ordinance No. FY2016-07. Neal Cooper expressed appreciation for the efforts Assembly member LeDoux had made on engineering requirements. Brent Watkins spoke about the engineering requirement being unregulated and against State Statutes. He also spoke about land he had purchased, the illegal utilities ran on his lot, and that he was seeking reimbursement from the City of Kodiak and was not sure if it would come to the Borough as well. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux spoke about the importance of getting the word out to our rural citizens. He spoke appreciatively on the joint meeting with the City Council and the UA President and his staff. Assembly member Symmons expressed gratitude to Assembly member LeDoux for leading by example. He expressed appreciation to the public who come forward and encouraged the public to participate. Assembly member Skinner welcomed new fire chief and assistant clerk. She expressed interest in receiving the budget updates before the strategic planning special work session meeting. Assembly member Rohrer spoke on reevaluating the process of public notices. He clarified an earlier statement and stated his responsibility to uphold state statute and borough code. Assembly member Stephens agreed with Assembly member Skinner's request to get the budget questions answered before the strategic planning special work session and agreed with Assembly member Rohrer in regards to upholding codes and statutes. He also spoke to the predicament facing the JMHP residents. Assembly member Peterson was happy Ordinance No. FY2016-07 was adopted. He expressed caution on not micromanaging borough staff. Assembly member Crow expressed gratitude toward the participating public. He welcomed Fire Chief Rue III and Assistant Clerk Laurie. He expressed desire for a community forum. Assembly member Crow attended the LEPC meeting and spoke to his review of the local emergency planning. Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 8 of 9 *Regular Meeting Minutes of January 7, 2016. Page 11 of 98 AGENDA ITEM #5.A. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, January 14 at 6:30 p.m. in the Borough Conference Room; a strategic planning meeting would be held on Saturday, January 16 at 8:30 a.m. in the Borough Assembly Chambers ;a special work session followed by a special meeting would be held on Tuesday, January 19 at 6:30 p.m. in the Borough Conference Room; and the next Assembly regular meeting would be held on Thursday, January 21 at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Strategies in Negotiating the Hospital Lease. ROHRER moved to convene into executive session. ROLL CALL VOTE ON MOTION: Crow, LeDoux, Peterson, Rohrer, Skinner, Stephens, and Symmons. ROHRER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION: LeDoux, Peterson, Rohrer, Skinner, Stephens, Symmons, and Crow. After the vote, Mayor Friend recessed the regular meeting at 10:07 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10:50 p.m. and announced that Assembly members Dan Rohrer, Rebecca Skinner, and Mel Stephens would join Staff as a part of the Hospital Lease Negotiating Team. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 10:50 p.m ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes January 7, 2016 Page 9 of 9 'Regular Meeting Minutes of January 7, 2016. Page 12 of 98 AGENDA ITEM #7.A. V ,r / ��v v / i' N , PrVICIMA0400 DECLARING FEBRUARY 2016 AS NATIONAL TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH WHEREAS, teen dating violence, a pattern of controlling behaviors by one teen over another in a relationship, is a crime that impacts youth and families in Alaska and across the country; and WHEREAS, protecting Alaska's most valuable resource, our youth, demands both awareness and action as we strive to ensure their health, safety, and well-being as they develop into the next generation of leaders, parents, and strong role models; and WHEREAS, teen dating violence includes verbal, emotional, or physical abuse. One in I I adolescents reports being a victim of physical dating violence, while more than one in four teenagers have been in a relationship where a partner is verbally abusive; and WHEREAS, victims of violent relationships in adolescence suffer not only from the crime itself, but from severe potential long-term consequences, including higher risk for substance abuse and eating disorders; and WHEREAS, every teen represent the potential of a wonderful life, and the State of Alaska joins with both Houses of Congress and Americans across the country in working to increase awareness and prevention of teen dating violence. NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim the month of February 2016 as: National Teen Dating Violence Awareness and Prevention Month OFir xf/nerr xixnaf O�/rmr. /rnnnrm xl IV - CyPmrA Armuc diir n «JfcrrA Feaw y'u, j&c. Teen Dating Violence Awareness Month Page 13 of 98 AGENDA ITEM #7.B. G. frd aftha C4-Capr C Zmkk QWaand 0`0araugh, Alafkzr Pro'clinnailaff DECLARING COAST GUARD APPRECIATION DAY WHEREAS, the citizens of Kodiak wish to acknowledge and honor the men and women of the United States Coast Guard; and WHEREAS, members of die Coast Guard are our friends and neighbors who contribute their time and talents to the well-being of our community; and WHEREAS, we are deeply grateful to the men and women of the Coast Guard, and their families, for their sacrifices and devotion to duty, which preserve the safety of our fishermen and the boating public; and WHEREAS, the Kodiak community will gather on February 20, 2016 to honor all members of the Coast Guard and their families; NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough, do hereby proclaim February 20, 2016 as: Coast Guard Appreciation Day in Kodiak and urge citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to five, work, and play. To the men and women of the United States Coast Guard - "We Applaud YOu"I 01/ M11n r wh+ia=f 0/1 aw hereraao set Iny CS'&idmdtaniseIk iiih'Al k d&olC 0,2/0q/n2011a Coast Guard Appreciation Day Page 14 of 98 v7me. AGENDA ITEM #7.B. _ - KODIAK �_ CHAMBER ofCOMMERCE ImE kr"rf..w'ar-x,J"Vla F..a.k Ar.,6.a%19 rAx 191rr�irr wvl "Iakchamhrarr E=11:thamhere1md1akarx November 19, 2015 The Honorable Jerold Friend Mayor of the Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Friend, The Kodiak Chamber of Commerce will be honoring the men and women of the U.S. Coast Guard here in Kodiak, Alaska. This celebration, called "We Applaud You," is to be held on Saturday, February 20's, 2016 at the Kodiak Harbor Convention Center in downtown Kodiak The celebration will be the Kodiak community's opportunity to say, "Thank you" to the many unsung heroes of the Coast Guard here in Kodiak As pan of the evening's activities, we would like to present proclamations from many different individuals, groups or organizations. These proclamations and letters will recognize the Coast Guard community for their Individual and collective efforts in making Kodiak and all the navigable waters or Alaska a snfu and better place to live and work If you could arrange to prepare a letter or proclamation of support addressed to the U.S. Coast Guam men and women of Kodiak it would be greatly appreciated. Under separate cover, you will be receiving an invitation to the evening event. If you rue unable to attend the evening festivities, it would be appreciated if these letters or proclamations could be forwarded to the Kodiak Chamber of Commerce at the above address no later than Friday, February 126. 2016. For your convenience, you can fax the proclamation to us at (907) 486-7605. Thank you in advance for your support of our efforts to honor the U.S. Coast Guard. Should you have queslionp or suggestions S�" this program, please feel free to contact the Chamber office. NOv 2 4 2015 Dedicated to Kodiak's Economic Future Coast Guard Appreciation Day Page 15 of 98 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH G� ..FEBRUARY 4. 2016 ASSEMBLY REGULAR MEETING 4y TITLE: Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KI BC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. ORIGINATOR: Larry LeDoux FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. The Joint Building Code Review Committee will be meeting on Wednesday, January 27 and items on their agenda are the following: • Review the 2012 International Residential Code's Engineering Provisions for High Wind and High Seismic Locations • Review of KIB Ordinance No. FY2016-12 Any comments that will be received from the Committee before the February 4 Assembly regular meeting will be added to the packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-12. Kodiak Island Borough Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 16 of 98 r_1TLION�1VNIAWIRT, I Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 17 of 98 Introduced by: Borough Manager Requested by: Assembly Member LeDou% Drafted by: Assembly member LeDoux 2 Introduced: 01/2121316 3 Public Hearing: 02/092016 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION I I CHAPTER 15.10 BUILDING CODES TO ADD A LOCAL EXCEPTION 12 TO ELIMINATE THE REQUIREMENT FOR ENGINEERING FOR 13 CERTAIN RESIDENTIAL CONSTRUCTION IN THE BOROUGH 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough has adopted KIBC 16 Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, 17 alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, 18 height, area, and maintenance of buildings or structures in the borough; and 19 20 WHEREAS, In accordance with Chapter 15.10 KIBC, the Kodiak Island Borough 21 adopted by reference the 2012 International Residential Code (IRC) for One- and Two - 22 Family Dwellings (Ordinance FY 2013-09); and 23 24 WHEREAS, the IRC requires engineering certification for structures that are not 25 designed to meet the prescriptive standards of the building code; and 26 27 WHEREAS, chapter 15.10 KIBC includes a number of local exemptions, exceptions, and 28 amendments to the standard building code requirements to reflect local condilons and 29 building practices; and 30 31 WHEREAS, in discussions related to the high cost of home construction in Kodiak, the 32 additional expense of engineering for certain new construction, additions, or remodeling 33 projects has been noted as a significant expense; and 34 35 WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to 36 the cost of complying with applicable engineering requirements for construction; and 37 38 WHEREAS, for decades, prior to the 2013 adoption of the IRC, safe and structurally 39 sound residential buildings were erected without the need or expense of engineering 40 required by the IRC; and 41 42 WHEREAS, the public necessity and general welfare of the community may be better 43 served by amending the code to reduce or eliminate some engineering requirements for 44 new or expanded residential construction; and 45 46 WHEREAS, the Borough Assembly set aside time for public Input and discussion; and 47 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 1 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 17 of 98 AGENDA ITEM O.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 18 of 98 48 WHEREAS, the Borough Assembly, as a part of process, would hold public hearings to 49 adopt the amendments to eliminate certain engineering requirements for residential 50 construction; and 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: This ordinance is of a general and permanent nature and shall become a 56 part of the Kodiak Island Borough Code of Ordinances; and 57 58 Section 2: This ordinance shall be effective upon adoption. 59 60 Section 3: Section R105.3 of the 2012 International Residential Code for One- and 61 Two -Family Dwellings, as previously adopted by Ordinance FY2013-09, is 62 hereby amended and readopted as follows: 63 64 R105.3 Application for permit. 65 To obtain a permit, the applicant shall first file an application therefor in 66 writing on a form furnished by the department of tient l' etT building 67 official for that purpose. Such application shall: 68 69 1. Identify and describe the work to be covered by the permit for which 70 application is made. 71 2. Describe the land on which the proposed work is to be done by legal 72 description, street address or similar description that will readily identify 73 and definitely locate the proposed building or work. 74 3. Indicate the use and occupancy for which the proposed work is 75 intended. 76 4. Be accompanied by construction documents or reasonably detailed 77 building or work plans and other information as required in Section 78 R106.1. 79 5. Stale the valuation of the proposed work. 80 6. Be signed by the applicant or the applicent's proposed agent. 81 7. Give such other data and information as required by the building official. 82 83 Section 4: Section R106.1 of the 2012 International Residential Code for One- and 84 Two -Family Dwellings, as previously adopted by Ordinance FY2013-09, is 85 hereby amended and readopted as follows: 86 87 R106.1 Submittal documents. 88 Submittal documents consisting of construction documents or reasonably 89 detailed building or work plans (which need not be prepared by a 90 registered design professional), and other data shall be submitted in two 91 or more sets with each application for a permit. T4Construction 92 documents shall be prepared by a registered design professional where 93 required by the statutes of the jurisdiction in which the project is to be 94 constructed. Where special conditions exist, the building official is 95 authorized to require additional construction documents to be prepared by a 96 registered design professional notwithstanding the submission of 97 building or work plans prepared by someone other than a registered 98 design professional. Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 2 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 18 of 98 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 19 of 98 99 100 Exception: The building official Is authorized to waive the submission of 101 construction documents, detailed building or work plans, and other data 102 not required to be prepared by a registered design professional if it is found 103 that the nature of the work applied for is such that reviewing of construction 104 documents or building or work plans is not necessary to obtain 105 compliance with this code. 106 107 R106.1.1 Information on construction documents or building or work 108Ip ans. 109 Construction documents or building or work plans shall be drawn upon 110 suitable material. Electronic media documents are permitted to be III submitted when approved by the building official. Construction documents 112 and building or work Plans shall be of sufficient clarity to indicate the 113 location, nature and extent of the work proposed and show in detail that it 114 will conform to the provisions of this code and relevant laws, ordinances, 115 rules and regulations, as determined by the building official. Where required 116 by the building official, all braced wall lines shall be identified on the 117 construction documents or building or work plans and all pertinent 118 information including, but not limited to, bracing methods, the location and 119 length of braced wall panels, and foundation requirements of braced wall 120 panels at top and bottom shall be provided. 121 122 Section 5: Nothing herein is intended to vitiate or otherwise alter the previous adoption 123 of subsections R106.1.2 and R106.1.3. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS DAY OF 2016 127 128 129 KODIAK ISLAND BOROUGH 130 131 132 133 Jerrol Friend, Borough Mayor 134 135 ATTEST: 136 137 138 139 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 3 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 19 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 20 of 98 JOINT BUILDING CODE REVIEW COMMITTEE AGENDA JANUARY 27, 2016 3:30 P.M. CITY OF KODIAK CONFERENCE ROOM 710 MILL BAY RD, ROOM 116 A. MEETING CALLED TO ORDERIROLL CALL B. ELECTION OF OFFICERS A. CO-CHAIR C. APPROVAL OF AGENDA D. APPROVAL OF MINUTES. N/A E. UNFINISHED BUSINESS A. NONE F. NEW BUSINESS A. REVIEW THE 2012 INTERNATIONAL RESIDENTIAL CODE'S ENGINEERING PROVISIONS FOR HIGH WIND AND HIGH SEISMIC LOCATIONS B. REVIEW OF KIB ORDINANCE NO.FY2016-12 G. PUBLIC COMMENTS H. BOARD MEMBER COMMENTS I. NEXT MEETING J. ADJOURNMENT Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 20 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 21 of 98 Mathers, Doug From: Bob Pederson [bpedemon@kodiakak.us] Sent: Friday, October 09, 2015 11:36 AM To: Mainers, Doug Cc: Kniaziowski, Aimee; Kozak, Mark; Hansen, Ted; Bud Cassidy; Bill Roberts; Nova Javier Subject: Building code and engineering requirements Good morning Doug: Thank you for attending and participating In the discussions at the Assembly work session last night. Following the discussion, l believe it was abundantly clear that the Assembly desires to have a definitive meeting schedule for the Joint Building Code Review Committee to address the engineering requirements for one and two-family dwelling units. I also noted that Assembly members were specifically interested in the following topics: 1. How do the ISO ratings for communities without engineering requirements impact insurance rates for homeowners? 2. Explore raising the size of structures for which no engineering is required (e.g., from 200 to 1,200 sq. ft.). 3. Could the engineering requirements be eliminated for one and two-family single -story, structures. 4. Could the 15% limit for additions without engineering be raised? Please let me know if I have left something out of this list. Once you have a draft schedule of meetings, please let me know so I may forward that Information to the Clerk and Assembly members. Thank you, Robert H. Pederson AICP Community Development Director boedersonPkodikak.us (907)486-9360 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 21 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 22 of 98 BUILDING DEPARTMENT 710 hIILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers�la citv.kodiak.ak.us TELEPHONE 907486-8070 thansent@citv.kodiak.ak.us 907486.8072 FAX 907486-8600 October 16, 201 i Robert H. Pedersen AICP Director, Community Development Department, Kodiak Island Borough Dear Bob, You sent an e-mail requesting information that you believed the Assembly members were interested in having answers to the following topics based on comments made during the work session. Question 1. Flow do the ISO ratings for communities without engineering requirements impact insurance rates for homeowners? Answer. As oftoday this has not been addressed. Question 2. Explore raising the size of structures for which no engineering is required (e.g, from 200 to 1,200 sq. ft.)? Answer. the 2012 International Residential Code exempts one-story detached accessory structures not exceeding 200 square feet from any building permit requirements. Any structure 201 square feet or larger could be built without engineering as long as the submitted design complied with the prescriptive design methods as set forth in sections R301.2.1.1 for wind and R301.22.1.2, item 2. for seismic of the 2012 International Residential Code. Question 3. Could the engineering requirements be eliminated for one and two-family single -story structures? Answer: a building designer could design a building without engineering as long as the submitted design complied with the prescriptive design methods as set forth in sections R3012.1.1 for wind and R301.2.2.12, item 2. for seismic of the 2012 International Residential Code. A building designer could produce a design that would never comply with non -engineered prescriptive design therefore requiring engineering, e.g. to many Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 22 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 23 of 98 opening causing to little sheathing for adequate bracing, out of plane bmce/sheanvalls to name a few reasons. Question 4. Could the 15% limit for additions without engineering be raised? Answer. this amendment was made to allow for a very simple addition utilizing the most restrictive prescriptive design direct from the code which lowered wind and seismic requirements and that is why it was limited to 15% and one time use. A building designer could increase this percentage by utilizing the prescriptive design methods as set forth in sections R301.2.1.1 for wind and R301.2.2.1.2, item 2. for seismic of the 2012 International Residential Code. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 23 of 98 AGENDA ITEM O.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 24 of 98 CITY OF KODIAK RESOLUTION NUMBER 2015-34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK DOCU- MENTING THE JOINT BUILDING CODE REVIEW COMMITTEE'S COMPOSITION AND APPOINTMENT PROCESS WHEREAS, there has been no consistent appointment method in the history of the Joint Building Code Review Committee; and WHEREAS, historically, the Borough Mayor appoints Borough representatives from the Architectural Review Board and, typically, the City appointees have been members of the City's Building Code Board of Appeals; and WHEREAS, on June 30, 2015, direction was given by the City Council and Borough Assembly to formally document the Joint Building Code Review Committee's composition; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, this resolution hereby documents the Joint Building Code Review Committee's composition and appointment process. 1. Membership. The Joint Building Code Review Committee shall be composed of six (6) voting members and two ex -officio non-voting members: a. Two members hum the City of Kodiak's Building Code Board of Appeals appointed by the City Mayor b. Two representatives from the KID Architectural Review Board appointed by the Bor- ough Mayor c. One elected official from the City Council d. One elected official from the Borough Assembly c. The Building Inspector staff shall serve as ex -officio, non-voting members of the work group 2. Organization. The work group shall designate two co-chairs at the first meeting of the calendar year and will alternate presiding at the meetings. 3. Admiaislnlive assistance. The City's Public Works Department sill provide administrative assistance for this Committee. 4. Consensus. The affirmative votes of four (4) committee members shall be required to build consensus of the committee. The members shall review and revise the respective City and Borough building codes and strive to maintain identical regulations for recommendation to the City Council and Borough Assembly for adoption. Rnututlon No. 201544 Pege I oft Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 24 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 25 of 98 o� CITY OF K 1ODI,AKw, �� _� i U Y u✓v�`�'� ATTEST: CITY CLERK Adopted: November 12, 2015 Resolution Na. 2015--24 Page 2 art Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 25 of 98 AGENDA ITEM O.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 26 of 98 Introduced by Borough Manager I Requested by Assembly Member LCDaux Drafted by Assembly member LeDoux 2 ASSEMBLY MEMBER Introduced 012112016 3 LEDOUX'S VERSION Public Hearing. Adopted 4 VERSION 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION I I CHAPTER 16.10 BUILDING CODES TO ADD A LOCAL EXCEPTION 12 TO ELIMINATE THE REQUIREMENT FOR ENGINEERING FOR 13 CERTAIN RESIDENTIAL CONSTRUCTION IN THE BOROUGH 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough has adopted KIBC 16 Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, 17 alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, 18 height, area, and maintenance of buildings or structures In the borough; and 19 20 WHEREAS, In accordance with Chapter 15.10 KIBC, the Kodiak Island Borough 21 adopted by reference the 2012 International Residential Code (IRC) for One- and Two - 22 Family Dwellings (Ordinance FY 2013.09); and 23 24 WHEREAS, the IRC requires engineering certification for structures that are not 25 designed to meet the prescriptive standards of the building code; and 26 27 WHEREAS, chapter 15.10 KIBC includes a number of local exemptions, exceptions, and 28 amendments to the standard building code requirements to reflect local condilons and 29 building practices; and 30 31 WHEREAS, in discussions related to the high cost of home construction in Kodiak, the 32 additional expense of engineering for certain new construction, additions, or remodeling 33 projects has been noted as a significant expense; and 34 35 WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to 36 the cost of complying with applicable engineering requirements for construction; and 37 38 WHEREAS, for decades, prior to the 2013 adoption of the IRC, safe and structurally 39 sound residential buildings were erected without the need or expense of engineering 40 required by the IRC; and 41 42 WHEREAS, the public necessity and general welfare of the community may be better 43 served by amending the code to reduce or eliminate some engineering requirements for 44 new or expanded residential construction; and 45 46 WHEREAS, the Borough Assembly set aside Ume for public input and discussion; and 47 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 1 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 26 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 27 of 98 48 WHEREAS, the Borough Assembly, as a part of process, would hold pubic hearings to 49 adopt the amendments to elirrinate certain engineering requirements for residential 50 construction; and 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: This ordinance Is of a general and permanent nature and shall become a 56 part of the Kodiak Island Borough Code of Ordinances; and 57 58 Section 2: This ordinance shall be effective upon adoption. 59 60 Section 3: Section R105.3 of the 2012 International Residential Code for One- and 61 Two -Family Dwellings, as previously adopted by Ordinance FY201M9, is 62 hereby amended and readopted as follows: 63 64 R105.3 Application for permit 65 To obtain a permit, the applicant shall first file an application therefore in 66 writing on a form furnished by the building official for that purpose. Such 67 application shall: 68 69 1. Identify and describe the work to be covered by the permit for which 70 application is made. 71 2. Describe the land on which the proposed work is to be done by legal 72 description, street address or similar description that will readily identify 73 and definitely locale the proposed building or work 74 3. Indicate the use and occupancy for which the proposed work Is 75 intended. 76 4. Be accompanied by construction documents or reasonably detailed 77 building of work plans and other information as required In Section 78 R106.1. 79 5. Slate the valuation of the proposed work 80 6. Be signed by the applicant or he applicanCs proposed agent 81 7. Give such other data and information as required by the building official. 82 83 Section 4: Section R106.1 of the 2012 International Residential Code for One- and 84 Two -Family Dwellings, as previously adopted by Ordinance FY2013-09, is 85 hereby amended and readopted as follows: 86 87 R105,1 Submittal documents. 88 Submittal documents consisting of construction documents or reasonably 89 detailed building or work plans (which need not be prepared by a registered 90 design professional), and other data shall be submitted in two or more sets 91 with each application for a permit. Tice-{Cjonstruction documents shall be 92 prepared by a registered design professional where required by the statutes 93 or the Jurisdiction in which the project Is to be constructed. Where special 94 conditions eidsl, the building official is authorized to require additional 95 construction documents to be prepared by a registered design professional 96 notwithstanding the submission of building or work plans prepared by 97 someone other than a registered design professional. 98 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 2 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 27 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 28 of 98 99 Exception: The building official Is authorized to waive the submission of 100 construction documents, detailed building or work plans, and other data not 101 required to be prepared by a registered design professional if it is found that 102 the nature of the work applied for Is such that reviewing of construction 103 documents or building or work plans is not necessary to obtain compliance 104 with this code. 105 106 R106.1.1 Information on construction documents or building or work 107 plans. 108 Construction documents or building or work plans shall be drawn upon 109 suitable material. Electronic media documents are permitted to be 110 submitted when approved by the building official, Construction documents H] I and building or work plans shall be of sufficient clarity to Indicate the 112 location, nature and extent of the work proposed and show in detail that it 113 will conform to the provisions of this code and relevant laws, ordinances, 114 rules and regulations, as determined by the building official. Where required 115 by the building official, all braced wall lines shall be identified on the 116 construction documents or building or work plans and all pertinent 117 information including, but not limited to, bracing methods, the location and 118 length of braced wall panels, and foundation requirements of braced wall 119 panels at lop and bottom shall be provided. 120 121 Section 5: Nothing herein is intended to vitiate or otherwise alter the previous adoption 122 of subsections R106.1.2 and R106.1.3. 123 124 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 125 THIS DAY OF 2016 126 127 128 KODIAK ISLAND BOROUGH 129 130 131 132 Jerrol Friend, Borough Mayor 133 134 ATTEST: 135 136 137 138 Nava M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 3 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 28 of 98 AGENDA ITEM O.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 29 of 98 BUILDING DEPARTMENT 710 NULL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers(alcitv.kudiak.ak.us TELEPHONE 907486-8070 thensen(alcitv.kodiak.ak.m 907486-8072 FAX 907496-8600 September 3, 2015 Robert H. Pedersen AICP Director, Community Development Departrnen% Kodiak Island Borough Dear Bob, With regard to a memo explaining the curtently adopted Residential Building Code requirements about engineering homes, I guess the best place to start is with the information the adoption committee reviewed in the nine meetings held prior to making the recommendation to adopt to the Assembly. Exhibit A is 7 pages and is the document laying out the step by step process for design requirements for the 2012 IRC. The first paragraph of page two is in reference to the code section that allows non -engineered design, IRC section R30122.12, paragraph 2, referenced an page 4 of 7, exhibit A.�- Exhibit B is 10 pages and is the package of information trying to use the method referenced in IRC section R301.2.2.1.2, paragraph 1, referenced on page 4 of 7, exhibit A. This was the Building Departments attempt at allowing an additional method for contractors to design buildings without engineering as described in pages 1 and 2 of exhibit B. The end result of this exercise was the engineer's calculations determined it was not possible with this method. We have received feed back in the Building Department that there is concern about the requirements for engineering causing a lack of affordable housing. We do not believe this to be a factual statement based on the following example. A local contractor built his mother a home, it is two bedrooms, 1,080 S/F home with a 368 S/F attached garage, placed on a RI lot of 10,306 SIR lust what the industry would consider a starter home. This home sold to the mother for 5280,000, but appraised for 5305,000. Nice of the son to give his mom a deal! The engineering on this home was $1,800.00, which is 0.59016% of the appraised price. This same contractor has another home under contract, a slightly larger two story unit and using a different engineer for design has said the engineering on Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 29 of 98 AGENDA ITEM #9.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code... Page 30 of 98 that project is 52,000.00. We we aware of $5,000.00 engineering bills for new homes but these homes are typically much larger than what would be considered a starter home. So it does not appear that engineering is a significant cost to building a starter (affordable) home. Under the previously adopted Building Code we saw approximately 50% of the new houses being built either being fully engineered or partially engineered because they could not be concocted under prescriptive design methods in the 1997 Uniform Building Code. Kodiak Island has eight know faults, six or which are in the Narrow Cape area, ref. Sauber and Teem study seismic risk near Alaska launch facility 12003, and if you are a believer in the theory that global warming will bring more severe weather, why would you want to eliminate engineering for one end two family homes. The Building Department is astonished that the Assembly would feel the need to arbitrarily reduce the safety factor of a homejust on the grounds that a lower income family would be purchasing it, and that be their public legacy for generations to come. In closing the 2012 IRC does have a method for a Home Designer to build a one or two family home via a prescriptive method; it was discussed as an option during the Code adoption hearings. The opinion of the Building Department was that this method would not see much use since it would require the purchase of a 2012 Residential Building Cade, the 2012 Wood Footed Constmction Manual and require sometime of the designer. And at the time of the discussion the Building Department was unaware of any Contractor in town owning a copy of the 1997 UBC, so they probably were not going In buy a copy of the 2012 IRC, they would go the easier but more costly route and use an engineer for design. Since adopting the 2012 IRC, one building code has been purchased from the Building Department and it was not by a contractor who regularly builds residential construction. Sincerely. Ted Hamch Deputy Building Official City of Kodiak / Kodiak Island Borough Cc. Doug Mathers, Building Official 2 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code... Page 30 of 98 February 1, 2016 Dear Commissioners, Borough Assembly City Council Planning and Zoning Re: Affordable Housing in Kodiak AGENDA ITEM #9.A. Labeling and passing an ordinance to delete engineering sounds very attractive, especially with our cost of living, materials and labor in Kodiak. BUT, we all really know that to have affordable housing here (which will always he higher than the mainland), some or all of these things will need to happen. - open up more land so the cost of lots decreases smaller building sizes - cut back to more affordable Flooring, cabinets, counters - look to less expensive plumbing fixtures, heating systems, lighting Planning is very important, we are accustomed to more living space which in turn costs more for heat and electricity. A family of 4 can comfortably live In a 1,000 sq k house, instead of 2,000 sq ft. Especially young people and first time home buys need to discuss cut back options with their contractors. Homeowners need to keep in close contact with lenders, contractors and suppliers to avoid cost overrun. These affordable household items can be upgraded as equity grows to make for a more custom home. Most people In Kodiak aren't aware there is a fuel surcharges on freight (which fluctuates) of 16.8% to 33%, this really takes a bite out of budgets as well. I went to a heating course in the 1980's and IBR predicted that for housing to be affordable in the future (now) housing would be built smaller, 7' ceilings, smaller window sizes and less windows, etc, it's in the codes but rarely used. Check with your building officials as they have good ideas. It's unclear to me who assumes the structural liability in this as well. In closing PLEASE do not put structural integrity at risk this will only hurt the homeowners and our community! Sincerely, Jo n Butler, Owner/Operator John's Heating Service and Member of Code Review Committee Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 31 of 98 AGENDA ITEM O.A. To have engineering or not to have engineering, that is the question I am an Alaska licensed general contractor with a residential endorsement, this is a state licensing requirement to build SFR up to four-plex. My career started at a lumberyard in N.D. at age 15, by age of 201 was building custom homes in Kodiak, fast forward to 2016 1 have been in business for 16 years with over 27 years' experience on our Island building, designing, upgrading, repairing, and maintaining many newer & older homes. Over the course of time I have seen many changes in how we build homes. In Kodiak new building standards have been adopted throughout the years, requiring smaller spacing between pickets on guardrails or handrails, more nailing on a sheer wall, larger hold down for seismic uplift and wind loading. Many groups have analyzed standards for consumer safety and protection, whether It be the ICC, IRC, IBC,IECC for building safety and energy standards or the health department regulating safe food handling guidelines or the transportation department requiring states to have seat belt laws. Standards are in place and adopted for consumer safety and protection, NOT Affordability. I think everyone agrees we have a beautiful new high school, built too many very stringent standards. Was it affordable? The design had to be engineered for the safety of the occupants. We also completed systemic retrofits to other schools/ buildings in the borough and city. People are in their homes more than commercial buildings, shouldn't we protect their safety there as well? So one might ask, Why should we relax an adopted standard, that many groups, with more relevant experience than the KIB assembly, have examined and scrutinized with hard facts, data, engineering calculations, history, and safety in mind for the protection of consumers. There is less than 10 builders in Kodiak with credentials to build homes. I can't speak for all residentially endorsed builders, but not one assembly member reached out to ask me any questions regarding engineering costs and benefits. I have never paid more than 1% of the total project cost to engineer SFR. Are you going to make housing affordable in Kodiak by cherry picking adopted standards ?- NO The single biggest factor in consumer affordability is the interest rate on a mortgage. With interest rates at historic lows we should be making more land shovel ready now. By building better safer engineered structures, we not only protect a healthy tax base, but protect people WHEN not IF we have the next seismic catastrophe. Haw many dead in residential structures is acceptable to you? Where will liability fall Chris Kostelecky, Detail Construction Inc. 481-1608 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 32 of 98 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 4. 2016 p ASSEMBLY REGULAR MEETING TITLE: i RECONSIDERATION of Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Assembly member Rohrer seconded by Assembly member LeDoux filed a motion to reconsider the vote taken on Contract No. FY2014-26. At the Assembly meeting, Assembly member Rohrer should make the motion to reconsider. Once the motion is seconded, discussion should focus on the REASON TO RECONSIDER the vote. Assembly member Rohrer as the maker of the motion should speak first on the matter. If the motion to reconsider passes with a majority vote, the original motion "which is to approve a one year extension to Contract No. FY2014-26" will be before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained on an specific vote even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. RECOMMENDED MOTION: Move to reconsider the vote taken on Contract No. FY2014-26. Kodiak Island Borough RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 33 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 34 of 98 RECONSIDERATION AFFIDAVIT having voted on the prevailing side, file my intent to reconsider the vote taken on Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. J�F Si nature LOVA 9 SWORN to before me this 21° of January 2016. PUBLIC /9.. ' F A`Po',FP Nol ry Public In and For Alas / My Commission Expires: /Ali-�.C�� / L I, �1 IAC, second the reconsideration affidavit filed by Assembly member Daniel Rohrer. Si ature SUB No SWORN to before me this t , 2lud January 201 . 140Tggy Notary Public In For Ala ka and an PUBLIG My Commission Expires: W s �OF AlP KIBC 2.30.e1 A motion to reconsider may be applied to any ordinance, resolufion, or action of the assembly and has precedence over all motions except the motion to adjourn An assembly member may make e motion to reconsider only if. I. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because It did not receive the required number of }yes'votes, then those assembly members voting 'no' shall constitute the prevailing side regardless of the relative number of 'yes' and 'no' votes cast on the queslion, An assembly member who charges his vole in accordance with these rules shall be a member of the side an which his vote is finally recorded by the Clerk. 2. The assembly member makes the motion to reconsider on the same day and al the same meeting at which the vole to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to may; or 3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of Intent to reconsider is signed before the motion is considered. Such a nation for reconsideration requires a majority vole to cam/. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the'next regular assembly meeting' as that lens Is used in this section. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 34 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 35 of 98 Ir Cohtna�� Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services This AGREEMENT, made and entered into this 7thlh day of February, 2014 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the Stale of Alaska, hereinafter referred to as the "Borough", the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City" and MCCARTY AND ASSOCIATES a sole proprietor company authorized to do business in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough and City wish to enter into a contract with an independent contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; and WHEREAS, in response to a request for proposals, Contractor submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — McCarty & Associates proposal dated January 21, 2014 Exhibit B — Borough and City's request for proposals 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough and City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 "Borough/City Fisheries Work Group" is a sub -committee of the Borough Assembly and City Council consisting of three Assembly members and three Council members (KIS Assembly Resolution FY2013-32). 1.5 "City" shall mean the City of Kodiak, Alaska. Page 1 of 10 Mamimh HO.Usemheathermccarty Ua ry-Mad Dmnloads:Pmfessioml Services Ayreemenl Fnharias Ana"I-McGarry(2) (2).d. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 35 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 36 of 98 1.6 "Contracting Officers" shall mean Borough Manager and the City Manager, and include any successor or authorized representatives. 1.7 "Contractor" shall mean McCarty and Associates. 1.8 "Fisheries Analyst Services" shall include monitoring, analyzing, and reporting to the Borough and City on fisheries issues and policy developments that may impact or affect the economy and communities with the City and the Borough, as further described in the Borough's and City's request for proposals (Exhibit B) and Contractor's proposal (E hibit A). #1 " 111 2.0 TERM OF AGREEMENT. This Agreement shall take effect on Februara,'2014. This Agreement shall remain in full force and effect for two years expiring on February 6, 2016. This Agreement may be extended for two one year options to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. Contractor will be paid $5,000 per month, at the beginning of each month, and reimbursed for reasonable travel -related costs including airfare, local transportation, lodging and per diem for meals based on the current US Government Services Administration (GSA) agency schedule. The Contractor will submit monthly invoices, detailing work and expenses incurred. The Borough and City will each pay one half of each accurate monthly invoice. 4.0 SCOPE OF SERVICES. The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Analyst Services based on approved standards and instructions [as specifically described in Exhibits A and B.] When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association (KRAA). Attendance at other meetings may be requested by the Borough/City Fisheries Work Group. Additional Contractor fee for additional meetings (if any) must be agreed to, in writing, and approved by the Borough/City Fisheries Work group. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Pelle 2 of 10 Maanlosh HD.Users:healhartn=ny'. Llordry'.Mail Downloads: Professional Sms ABreenenl Fisheries Arubst- McCarty(l) (2).dx RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 36 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 37 of 98 5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the Borough and City within 30 days following the end of each calendar quarter. Contractor shall also report, written and/or oral, to the Borough/City Fisheries Sub -committee after each fisheries meeting aftended and attend Borough/City Joint Work Sessions when requested by the Borough/City Fisheries Sub- ubcommittee. committee.Joint work sessions are anticipated to occur on a quarterly basis. 6.0 PERSONNEUORGANIZATION 6.1 Key Personnel. Fisheries Analyst Services provided by the Contractor will be performed by: Heather McCarty 6.2 Channes in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts to provide Fisheries Analyst Services. The Contractor accepts the relationship of trust and confidence established between it and the Borough and City by this Agreement. The Contractor covenants with the Borough and City to furnish its best skill and judgment. The Contractor shall provide all services in a competent manner. 6.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorties having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough and City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this Agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the Borough or City for a claim of, or liability for, its (the Borough or City, as applicable) independent negligent acts, errors, and omissions. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor Page 3 of 10 Mamlo h HDUsere:healheenwny:Li W:Mai1 Downbaes:Pr asmi lseM Agreement F4her Analyst - McCall) (2) d. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 37 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 38 of 98 and the Borough and City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor", "Borough" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough and City means negligence other than in the Borough's and City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work. 11.0 INSURANCE. The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough and City are additional insured thereunder as respects liability arising out of or from the work performed by Contractor. b. Borough and City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry - Page 4 of 10 Macintosh MO. Usem heaMea ady Library Mail Downloads Professional Services Agreement Fisaedes Analyst-MCCany(2) (2) doc RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 38 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 39 of 98 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough and City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough and City hereunder, be delivered to the Borough and City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property, of the Contractor. Copies will be made available to the Borough and City upon request Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough and City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or Its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough and City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page 5 of 10 Maonlnh HO:Usm:heaMe�dy.UbmlyWe Dmnloads:P IeGswnal services Agreement Flsheres Analyst-Mccany(2( (2) d. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 39 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 40 of 98 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by any party upon ten (10) days written notice if another party fails substantially to perform in accordance with its terms. If the Borough or City terminates this Agreement, they will pay the Contractor a sum equal to the percentage of work completed and accepted that can be substantiated by the Contractor, offset by any amounts owed to the Borough or City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspensign or Termination. Any party may at any time terminate or suspend this Agreement upon 30 days' prior written notice to each of the other parties, for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the dale of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Following receipt of a Notice of Termination or suspension and except as otherwise directed by the Contracting Officers, the Contractor shall: a. perform only work authorized under this Agreement through the termination or suspension date and to the extent specified in the Notice; and b. deliver in the manner, at the times, and to the extent directed by the Contracting Officers, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during Page 6 of to Mav,loah HC:Uaem:eeanu,m=rty:U1xaq:Mafl Do rloads.Prcfesslonal Services Agreemem FB Giles Ann"[• McCany(2) (:) d. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 40 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 41 of 98 employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officers. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough or of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. Additional services not specifically provided for in this Agreement will not be compensated. 25.2 Changes in Scope of Work. The Contracting Officers may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work to the extent authorized by Borough and City appropriations. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of Page 7 of 10 Macinroa HMUWM:heathen rty:lbma :Mal Ovdn :Proles , iSery es Agreemenl Famdea Mayer-MceaM(Z) (]),clot RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 41 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 42 of 98 any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25A Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officers, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 2540 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly (for the Borough) or City Council (for the City) and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the Borough and City under Section 17 to terminate this Agreement. 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough and City before execution of this Agreement, if any, shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Page B of 10 Wontosb HD9 Mhealheim=ny:Libmq.Mail Downbads:Pmws ional services Agreement FaMres Anaryat-MCCady(2) Rldw RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 42 of 98 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 43 of 98 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough McCarty and Associates Attn: Borough Manager Attn: Heather McCarty 710 Mill Bay Road, Room 125 1537 Pine Street Kodiak, AK 99615 Juneau, AK 99801 bcassidy(cDkodiakak.us hdmccarty_@gmail.com City of Kodiak Attn: City Manager 710 Mill Bay Road Kodiak, AK 99615 akniaziowski(alcity.kodiak. ak. us Page 9 of 10 Madntosh HO:thms: Malherm=ftr, ary Mail Dv Wds'Pmfessional services Agr enl Fisheres Anarysl- MceaM(z) (2) soc RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 43 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 44 of 98 IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough McCarty and Associates By: Charles E. Cass, yKJl� By: Heather McCarty Is Mana a Title: Owner / Date: n � i '9 t9(e BorD erk (Borough seal) City of Kodiak By: Aim�wski - Title: City Mani er — ATTEST: O Debra Madar, MMC City Clerk AS (City seal) Page 10 of 10 Macintosh HD.them heathmmcrarly.Lbnrymail Downbads_Pmbssional Service¢ Agreement Fisheries Analyst - McCarty (2) (2)A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 44 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 45 of 98 '^RE%IYIfEO FRLW-EMC"- IME -101— ItOM4FYIMAIAERWIipW3 FO RY$•'� POLICY NUMBER: X2021239 Insurance:. ArBcnY Nu,wl Cowan SAFECO INSURANCE COMPANY OF INDIANA AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: RENEWAL 3IM BALSILER PO BOX 20871 POLICY PERIOD FROM: ]AN. 31 2014 ]UNE AD AK 99802-0871 TO: ]AN. 31 2015 at 12:01 A.M. standard tme at the address of the insured as AGENT: stated herein. BUDGET INSURANCE AGENCY AGENT TELEPHONE: 3090 DOUGLAS HWY (907) 586-2603 JUNEAU AK 99801-1914 RATED DRIVERS JIM 9ALSIGER, HEATHER MCCARTY 1967 VOLVO 1800 2 DOOR SEDAN IDA 183451024294 2010 SUBARU FORESTER 2.5X LIMI 4 DOOR IDA JF25H6DC3AH751591 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COVERAGES 1967 VOLV LIMITS PREMIUMS 1 2010 SOBA LIMITS PREMIUMS LIABILITY: BODILY INJURY $50,000 5 83.10 550,000 S 106.70 Each Person Each Person S10D.000 $100,000 Each Occurrence Each Occurrence PROPERTY DAMAGE 525,000 51.30 $25.000 85.20 Each Occurrence Each Occurrence MEDICAL PAYMENTS $5,000 17.50 $5,000 24.60 UNINSURED AND UNDERINSURED MOTORISTS: BODILY INJURY 550,000 38.90 550,000 38.90 Each Person Each Person $100,000 5100,000 Each Accident Each Accident PROPERTY DAMAGE $25,000 32.70 525,000 32.70 Each Accident Each Accident COMPREHENSIVE Actual Cash Value 104.40 Less 5100 Deductible Full Safety Glass COLLISION Actual Cash Value 221.10 Less S1OD0 Deductible ---------- ---------- TOTAL S 223.50 TOTAL S 613.60 TOTAL EACH VEHICLE: 1967 VOLV S 223.50 2010 SURA 613.60 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES $ 937.10 DISCOUNTS & SAFECO SAFETY REWARDS You saved 5153.90 Included ---------- TOTAL12 MONTH PREMIUM FOR ALL VEHICLES ................................. S 837.10 IF YOU PAYIN FULL OR USE THE 2 -PAY PLAN THE PREMIUM WILL BE REDUCED TO S 737.10- -This includes the available 5100.00 billing plan discount. -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 SA-16911EP 090 Page 1 of 7 DATE PREPARED: DEC. 22 2013 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 45 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 46 of 98 Kodiak Island Borough OFFICE of the MANAGER 710 Nlill Bay Road dry _ Kodiak, Alaska 99615 Phone (907) 486-9301 Pax (907) 486-9374 E-mail: hl awidYOkodlakakxs January 30, 2014 Heather McCarty McCarty and Associates 1537 Pine Street Juneau, AK 99801 RE: Contract Insurance Requirements Dear Ms. McCarty: This letter reflects the decision of the Contracting Officers to modify the insurance requirements described in Section 11.0 of the Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services. Pursuant to the authority granted to the Contracting Officer to revise the amounts and types of insurance to be provided by you as the Contractor, this letter acknowledges our agreement that professional liability insurance shall not be required. Workers' Compensation is only required if McCarty and Associates has employees. If not, no workers'compensation insurance is required. pNO,& �` •, G Kodiak Island Borough `Qtp Y Charles E. Cassidy, Jr., Baro g an er 9�SKA City of Kodi k i test: Aimee Knfaz ows a, City Manager U� a ca t moi' RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 46 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 47 of 98 —'PfmRNlE enidf I,E.VIC KVE iNECNIm'al iR/N3aC'q,IW YP,eI UPE a]p 1A1N.LL EORYS ®' a insurance. POLICY NUMBER: H2O21239 A usmn swn,a c—m,,, SAFECO INSURANCE COMPANY OF INDIANA AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: RENEWAL JIM BALSIGER PO BOX 20871 POLICY PEfl100 FROM: ]AH. 31 2014 JUNEAU AM 99802-0871 TO: IAN. 31 2015 at 12:01 A.M. standard time at the address of the insured as AGENT: slated herein. BUDGET INSURANCE AGENCY AGENT TELEPHONE: 3090 DOUGLAS HWY (907) SBG-2603 JUNEAU AM 99801-1914 RATED DRIVERS JIM BALSIGER, HEATHER MCCARTY 1967 VOLVO 1800 2 DOOR SEDAN IDI 183451024294 2010 SUBARU FORESTER 2.SX LIMI 4 DOOR IDR JF25HSDC3AH751591 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COVERAGES 1967 VOLV LIMITS PREMIUMS ZBI0 SUBA LIMITS PREMIUMS LIABILITY: BODILY INJURY SSD,000 S 83.10 SSO,D00 S 106.70 Each Person Each Person 5100,000 SI00,000 Each Occurrence Each Occurrence PROPERTY DAMAGE $25,000 51.30 525.000 85.20 Each Occurrence Each Occurrence MEDICAL PAYMENTS 55,000 17.50 55,000 24.60 UNINSURED AND UNDERINSURED MOTORISTS: BODILY INJURY 550,000 38.90 550,000 38.90 Each Person Each Person S1OD.000 5100,000 Each Accident Each Accident PROPERTY DAMAGE $25,000 32.70 $25,000 32.70 Each Accident Each Accident COMPREHENSIVE Actual Cash Value 104.40 Less $100 Deductible Full Safety Glass COLLISION Actual Cash Value 221.10 Less $1000 Deductible ---------- -_----.--- TOTAL 1 223.50 TOTAL S 613.60 TOTAL EACH VEHICLE: 1967 VOLV S 223.50 2010 SOBA 613.60 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES S 837.10 DISCOUNTS A, SAFECO SAFETY REWARDS You saved $153.90 Included TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. S 837.10 IF YOU PAYIN FULL OR USE THE 2 -PAY PLAN THE PREMIUM WILL BE REDUCED TO S 737.10• 'This includes the available $100.00 billing plan discount. -CONTINUED- P 0 BOX 515097. LOS ANGELES, CA 90051 SA 1697MP S% Page 1 of 2 DATE PREPARED: DEC. 27 2013 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 47 of 98 AGENDA 7£m mzA RECONSIDERATION yContract No. R&,BJoint Contract w� @@#y@ } 0 | , ` I! n 2 - _ § - q ) k\ {) ) !!) m = ti )\ /)}{\ )® - C; $ / E )§ ! _ ! (�� LU` L. 2 = ! UUO \ \ /\ }\ : §;t| . - (k () §) \ \ RECONSIDERATION yContract No. R&,BJoint Contract w� @@#y@ AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 49 of 98 E�ivi6 it R - January 21, 2014 Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: I son submitting this proposal in response to the Request for Proposals for the services of a Fisheries Analyst for the Kodiak Island Borough end the City of Kodiak. Along with this transmittal letter I attach the required Implementation Plan, my company profile and work experience and credentials in the form of an expended CV, my proposed fee, and four references. It is with great pleasure and anticipation that I submit a proposal to work with the community leaders and people of Kodiak I am a 35 -year resident of coastal Alaska fishing communities, from a commercial salmon fishing family, and a true believer in the need for reasonable and informed local decision-making to sustain and develop this state's fisheries resources. Although I have never lived in Kodiak, I have been visiting your beautiful island regularly for more than 20 years, as a long-time member of the Policy Council for yom "Fish Tech" Center, as a faithfid ComFish attendee, as a member of the North Pacific Council "family," and as a consultant for a Kodiak processor who works with all species. My experience and familiarity with the local commercial and sport fisheries has been augmented by ten years of work with a community development group in the Bering Sea, where I gained an appreciation for the importance of subsistence fisheries to the Alaska Native cultures. The long association with the University of Alaska School of Fisheries and Ocean Sciences in both an advisory capacity and as an administrator of an industry - funded marine research program has given me insight into the important rate of science in sustaining fisheries. I also served for three years as the fishery representative on the North Pacific Research Board, advocating for research in support of pressing fishery management issues. As to current experiecee in the fishery regulatory process, I have attended every meeting of the North Pacific Fisheries Management Council (NPFMC) for the last 15 years, serving on a Council committee, making testimony and moving forward a number of important Council actions on behalf of employers and clients.) have also been to every regular meeting of the International Pacific Halibut Commission (IPHC) for the last six years, and have served on its Processor Advisory Group during that period. I cut my regulatory teeth on salmon issues when 1 worked with the salmon industry in Prince William Sound, moving actions through the Board of Fisheries (BOF) and the Department of Fish and Game. I have not spent a lot of time in the last few years at the BOF, but 1 am very familiar with that process. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 49 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 50 of 98 Because of my varied experiences, I understand fishery resource management issues in Alaska, from several different perspectives; harvesting, processing, aquaculture, marketing, Alaska Native culture, sustainability, research and education. I have participated in formal and informal bodies, boards and commissions at all levels, and am able to communicate well in those settings. 1 am very conversant with the Slate Constitution and the Scale and Federal fishery regulations, and with the processes that create them. The Magnuson Stevens Act with its national standards has been in my briefcase for years, and is dog-eared from use. t have taken a national course in the NEPA regulations that guide Federal regulatory decision- making. One of my personal and professional hallmarks is fairness and honesty; 1 hope that conversations with my references will bring that cur. Because I have represented many different sectors and interests, and have lived in and focused on fishing communities, 1 really do perceive and approach issues from multiple angles — and always with the interests of the community uppermost. 1 believe I can offer unbiased fisheries analysis and advice to the community leaders of Kodiak. It is clear to me that some might consider my work with a Kodiak processor a conflict of interest with representing the City and Borough of Kodiak. If I am asked to work with Kodiak, I am prepared to immediately and completely end that professional relationship. My other client relationships, in my opinion, could not be judged a conflict of interest. Regarding technical considerations, l do have property and car insurance, including liability insurance, and can provide that information. I do not have professional liability insurance, as it has not been required in other contracts and it is a considerable expense. I am in the process of renewing my Alaska business license. I believe I have provided all of the required information —but if you have any questions or need additional information please call or email me any time. I look forward to hearing from you, and to serving the people of Kodiak. Best regards, `/n/ II J, Heather McCarty RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 50 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 51 of 98 Heather Davies McCarty McCarty and Associates 1537 Pine Street Juneau, Alaska 99801 (907) 586-4260, cell (907) 351-6794 Email: hdmccarty@gmail.com Overview The groups principal has a professional background in state and federal government relations and advocacy, marine research management, public relations and education, collaborative ocean policy development, seafood marketing and sales, commercial fishing, advertising, aquaculture policy development, marine resource conservation, seafood product development, video and print production, fisheries journalism, public speaking and reaching. In 1996, moved from commercial salmon fishing and private non-profit salmon aquaculture to a mid-sized seafood company involved in salmon processing, and in harvesting and processing pollock and other groundfish in Alaska. In 1996, began representing the association of mid -water Pollock catcher/processors, dealing with state and federal agencies, the Alaska Legislature, and Alaskan fishing communities and organizations. During 1999/2000, conceived and implemented the formation of the Pollock Conservation Cooperative Research Center (PCCRC) at the University of Alaska Fairbanks School of Fisheries and Oceans Sciences, which has to date provided 513 million in marine research funding to the University. With other sectors, in 2001 founded a fishing industry coalition in Juncau to undertake public education and resource conservation for Alaska's fisheries, the Marine Conservation Alliance. Began McCarty and Associates in Juneau in December 2001. The group's current major clients include the PCCRC at the School of Fisheries and Ocean Sciences; the Central Bering Sea Fishermen's Association, a Western Alaska Community Development Quota (CDQ) group on St. Paul Island; and Pacific Seafood Kodiak, a groundfish and salmon processing company. Recent past clients include Signature Seafoods, an Alaska salmon processing company in Southeast Alaska, and Chignik Fishermen United, an association of Gulf of Alaska salmon sciners. In 2003, helped bring together the diverse sectors of industry, Alaska Native entities, communities, agencies and conservation groups in the Pribilof Island Collaborative to seek common ground on resource issues in the Bering Sea RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 51 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 52 of 98 Work Experience President. McCarty and Associates, Juneau, Dec. 2001 to present Director of Alaska Affairs, At -sea Processors Association, Jan. 1998 to Dec. 2001 Business Development Manager, Golden Age Fisheries, Juneau, Jan. 1996 to Jan. 1998 Marketing Manager, Prince William Sound Aquaculture Corp., Cordova, 1992.1995 Public Relations Manager, Prince William Sound Aquaculture Corp., 1989.1995 Fisheries policy, government affairs and public relations consultant, 1985 to present Fisheries jaumalist, 1982-1989 Editor, Cordova Times, 1979-1981 and 1984-1985 Manager, Alaska Legislative Information Office, Cordova, 1983-1984 Commercial salmon seine and gillnet fisherman. Cordova, 1976 to 1996 English andjoumalism professor, Walla Walla Community College, WA, 1969-1976 Education BA, English, Whitman College, Walla Walla, Washington, 1969 Industry and Public Service Marine Fisheries Advisory Committee (MAFAC), national advisory committee to National Marine Fisheries Service, member 2005 to 2011, Chairman 2010 to 2011 North Pacific Research Board, Executive Board Member for Fisheries 2009 to 2012, Advisory Panel Chair 2003 to 2007 Advisory Council, School of Fisheries and Ocean Sciences (SFOS), University of Alaska Fairbanks (UAF), Vice -Chairman 1998 to present, member since 1994 International Pacific Halibut Commission, Processor Advisory Group, member2006 to present RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 52 of 98 r_rWW10%TIMii FEN RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 53 of 98 Policy Council, Fishery Industrial Technology Center Kodiak, SFOS, UAE, Chairman 1994 to 1999, member 1993 to present Alaska King Crab Research, Rehabilitation and Biology (AKCRRAB) Program, Founder and Steering Committee member, 2006 to present, Co -Chairman 2011 to present Alaska Seafood Marketing Institute (ASMI), Vice Chairman, 2003-2004, Board of Directors, 1994 to 2004 Pribilof Island Collaborative, Steering Committee, 2003 to present Alaska State Task Force on Marine Protected Areas, 2003 Alaska Legislative Salmon Task Force, Governance Committee, 2002 to 2004 North Pacific Anadmmoas Fish Commission, Annual Meeting 2D03, U.S. Advisor Managing OurNation's Fisheries, a conference on fisheries management in the United States, Washington D.C, November 2003, Scientific Research Panel presenter Sheldon Jackson College, Sitka, Board of Trustees, Vice Chairman, 2001 to present Heinz Ccnter/NMFS Workshop on IFQ and Community Programs, panelist May 2002 Juneau Economic Development Council Board of Directors, 2002 to 2005 North Pacific Fisheries Management Council, Essential Fish Habitat Commitee, 2001 to 2006 Marine Conservation Alliance, Chairman, EFH/MPA Committee, 2001 to 2006; Board Treasurer 2003 United Fishermen of Alaska, Board of Directors 1999 to 2001 Alaska Fisheries Development Foundation, President, 1997 to 2002, member 1993 to 2002 Governor's Task Force for Non -Tanker Oil Transport, 2000 ASMI Salmon Crisis Response Committee, Co -Chairman, 1996 ASMI Legislative Committee, 1996 Governor's Task Force, State Loan Evaluation, 1996 Salmon for Alaska's Future, Steering Comminee, 1996 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 53 of 98 AGENDA ITEM #12.A. Prince William Sound Fisheries Ecosystem Research Planning Group, 1993-1994 Alaska Dept, of Commerce Salmon Development Project Steering Committee, 1992 PWS Economic Development Council, Board of Directors, 1992-1995 City Council, Cordova, Alaska, 1991. 1992 Cordova Oil Spill Committee, 1989-1990 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 54 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 55 of 98 Implementation Plan Overview The work of the Kodiak Fisheries Analyst must be informed by a thorough understanding of the importance of the fisheries resources to the diverse user groups, support industries and governmental entities in the community of Kodiak Residents of the City and Borough of Kodiak, and the non-residents who use the fisheries and community services, share a common goal: sustainable management of the marine resources in a manner that supports the resource users and the economy of Kodiak. Without the docks, the roads, the water, the power, the hospital, the repair shops, the grocery stores, the fuel dealers, the medical care, the airport, the Coast Guard —the community assets — there would be no support for the warld-class Gulf of Alaska fisheries. Without the processors there would be no harvest coming to town. Without the harvesters there would be no processors. And without the fish, there would be no user groups and support businesses, and the economy of Kodiak would be greedy reduced. The monitoring and analysis of pertinent fisheries issues and processes will be informed by the clear goals and objectives of the community and the user groups. The issues will be reported regulmly, with an analysis of how each issue and policy decision is likely to affect the community and its economy. Sco in Working with the Borough Assembly and Manager, the City Council and Manager, and the Kodiak Fisheries Work Group, we will review the overall goals and the specific expectations of those groups, as well as determine the best methods of reportage and information transfer. In addition, I will also communicate early on with the major fisheries, civic and regulatory organizations in Kodiak to mare fully understand their points of view regarding the importance of the marine resources to Kodiak. Of particular interest will be the comprehensive lin of ten community objectives recently developed by the Fisheries Work Group. This excellent list was put together after a number of meetings of that group in relation to the expected rationalization of the major groundfish fisheries in the Gulf of Alaska. However, the principles therein can be applied to many other fishery-rclated issues and processes, both Federal and State. It may be helpful to further refine those principles tluough a discussion process as needed, and use them as a basic measure for the analysis of fisheries issues and policies. I understand the City and Borough have discussed commissioning an economic study to further quantify the contribution and importance of the fishing industry to the Kodiak community. Ifthe resources are available and the City and Borough agree, 1 support such a study, and can advise the process of developing the scope of work and identifying potential experts. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 55 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 56 of 98 The important questions are: what is the importance of the fisheries to the people and economy of Kodiak Island, and what are the principles that will guide the development of the policy positions and strategies of the community. Activities and Deliverables 1 will attend every meeting of the North Pacific Fisheries Management Council (NPFMC) and the International Pacific Halibut Commission (IPHC). I will also attend all meetings of the Alaska Board of Fisheries and any other meetings where regulatory changes relevant to the Kodiak area fisheries are discussed. I will also monitor and review all actions and decisions of the National Marine Fisheries Service and the State of Alaska Department of Fish and Game that might affect Kodiak fisheries. Within a week after the conclusion of each ofthese meetings, I will provide to the Borough Assembly and the City Council a written summary of issues and actions that could affect the Kodiak economy. On a quarterly schedule, 1 will pmvide written reports to the Borough Assembly and the City Council, and make presentations at theirjoint meetings. The reports will include a summary of work performed, as well as a description and preliminary analysis of ongoing issues and proposed regulatory changes. As often as needed and directed I will prepare analyses of the economic impact of proposed regulatory changes, both Federal and State. It is important that community leaders have the background information to fully understand and make policy decisions an the fisheries issues that will affect their constituents. With my knowledge of fisheries management and background in collaborative discussion and mediation, I can offer the Borough and Council and Fisheries Work Group both historical perspective and the most current aspects of each issue. This sort of infamtatian exchange can Iake place as often as desired— I will make myself available as the Council and Assembly directs, but suggest at least one or two introductory workshop -style session on major issues towards the beginning of the contract. I will also be available to address other community groups as directed. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 56 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 57 of 98 Proposed Fee Schedule 1 propose to provide the services and deliverables detailed in the Implementation Plan, and any additional duties as assigned, for a fee of $5,000 per month, payable upon presentation of an invoice at the end of each month. The City and Borough will reimburse McCarty and Associates upon presentation of receipts for travel costs to and from the Island of Kodiak, and lodging and meals, for the quarterly hips required by the contract, and any other travel to Kodiak directed and approved by the City and Borough. The costs of attending all five regular annual meetings of the North Pacific Fisheries Management Council will be born by McCarty and Associates. The costs of attending the International Pacific Halibut Commission (two meetings annually), and the pertinent meetings of the Alaska Board of Fisheries or any other regulatory body, as directed and approved by the City and Borough, will also be reimbursed upon presentation of receipts. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 57 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 58 of 98 References Paula Cullenberg Director, Alaska Sea Grant Program and Kodiak Seafood and Marine Science Center Work phone: 907 274-9691 Email: Paula.cullenberFa alaska.edu Doug DeMaster, PhD Director, Alaska Fisheries Science Center, Juneau and Seattle Work phone: 907 789-6617 Cell phone: 206 399-1531 Email: douglMdedemaster(alnoaa.cov Denby Lloyd Executive Director, North Pacific Research Board, Anchorage Cell phone: 907 321-1490 Email: denbv.11ovd Fgmail.c0m Chris Oliver Executive Director, North Pacific Fisheries Management Council, Anchorage Work phone: 907 271-2809 Email: chris.olivernnoaa.gov RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 58 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 59 of 98 EX�•6.1 /j. Request for Proposals: FISHERIES ANALYST 1. AUTHORITY A. The authority to issue this Request for Proposal (RFP) is granted under KIBC 3.30.1 10 Competitive sealed proposals — Negotiated procurement. 2. PURPOSE AND INTENT A. It is the primary intent of this RFP is to select a qualified firm or individual to act as a Fisheries Analyst. The Fisheries Analyst will work jointly for the local governments of Kodiak Island: the Kodiak Island Borough (KIB) and the City of Kodiak (City). The selected proposer will enter into a term contract for a period of two years with options for two additional one year extensions. The term contract will include a six month initial review to ensure an understanding of the Scope. The contract will also include a termination clause by either party with a 30 day notice. B. The work shall be performed in compliance with all applicable federal, state and local requirements. The KIB and City require all work to be performed efficiently, cost effectively, and according to best business practices of the industry. 3. BACKGROUND/SITUATION The economy of the Kodiak region is based on it healthy, diverse and well- -managed fisheries resource that includes more than 30 species of fish harvested and processed onshore. The Kodiak region comprises all fisheries user groups — subsistence, sponfish, commercial sponftsh, personal use, commercial fish, the processing sector, fisheries research and protection sectors, and the fishing industry support sector. Policy development and regulatory management in the Kodiak region is challenging because of the need to address such diverse and competing concerns as species fished, vessel size, gear type, limited entry permits, quota share, limited license permits, and crew share interests. 4. SCOPE (aim or purpose) The primary role of the Fisheries Analyst will be to monitor, analyze and report on fisheries issues and policy developments 'but may impact or affect the economy and community of Kodiak. A. Monitor actions and pending decisions of regulatory bodies such as the NOAA/National Marine Fisheries Service, the State of Alaska Department of Fish and Game, and International Pacific Halibut Commission to anticipate regulatory actions that could impact Kodiak's economy. B. Attend meetings of the North Pacific Fisheries Management Council, Stale of Alaska Board of Fisheries, and other fishery meetings us directed, to RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 59 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 60 of 98 provide a summary of issues, discussion and actions to the Assembly/City Council that could impact Kodiak's economy. C. Provide written quarterly report to both the Borough Assembly and the City Council and make presentations of joint Borough Assembly/City Council work sessions. Reporting should include discussions or updates of ongoing concerns, introductions or proposed changes, and a summary or work performed since the previous mport. D. Prepare analyses of potential impacts of proposed regulatory changes on the Kodiak economy. E. Provide information to Assembly/Council to analyze and understand issues based on facts and from a neutral point or view, and to make decisions or develop positions on issues affecting or impacting the economy and people of Kodiak. F. The successful proposer should possess the following qualifications: I. An understanding of local and regional fisheries to include species, vessel and gear types, fisheries user groups — subsistence, sportfish, commercial sportFish, personal use and commercial fish, and the processing sector. 2. A thorough understanding of the Slate constitution regarding Alaska's fisheries and all state and federal fisheries laws and regulations. 3. An understanding of fisheries msource management issues and how they affect Kodiak's seafood industry and economy. 4. Documented recent experience in state and federal fisheries resource management processes. 5. Current or recent involvement in the fisheries regulatory process in both the Stale and Federal environment, specifically the North Pacific Fisheries Management Council, IPHC and AK Department or Fish and Game, Board of Fish. 6. Familiarity with the Magnuson Stevens Act and hod the national standards pertain to community fisheries. 7. Ability to communicate effectively with local government bodies and to provide written reports both to and on behalf of the governing bodies. g. The ability to remain neutral on divisive issues. 9. The ability to work well with boards and commission at the federal, state and local levels. 10. Ability to provide applicable insurance coverage, such as workers' compensation, commercial automobile liability and professional liability. I I. Possession ora State of Alaska Business License. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 60 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 61 of 98 In the eventthat the proposer does not possess the above qualifications, the proposer must include a plan for addressing the lack of experience or qualification. Additionally, if a proposer possesses a perceived conflict of interest, the proposer must also include a discussion about how the conflict or interest will be avoided G. The successful proposer will enter into a professional services contract that must be approved by the Kodiak Island Borough Assembly and Kodiak City Council. S. REQUIRED INFORMATION A. Proposals must include: • Transmittal Letter • Implementation Plan • Company Profile • Experience • Credentials • Proposed Fee • References • Ability to provide applicable insurance coverage 6. PROPOSAL PROCESS A. Proposals will be accepted until 3:00 PM on Tuesday, January 21, 2014. It is the proposer's responsibility to deliver proposals to: - Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 (907)486-9301 Faxed and electronic proposals will not be accepted. B. Proposals must be clearly marked: FISHERIES ANALYST SERVICFS PROPOSAL Provide six unbound copies of the proposal. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 61 of 98 AGENDA ITEM #12.A. C. Evaluation Methodology: Each proposal will be evaluated according to criteria and given the relative weight shown in the table below. PROPOSED RATES 25% QUALIFICATIONS/EXPERIENCE 25% IMPLEMENTATION PLAN 25% REFERENCES 15% OVERALL QUALITY OF PROPOSAL 10% A recommendation of the top respondent will be made based on the results of reference checks, qualifications of the firm and response to the Scope of service provided. This will be submitted to the Kodiak Island Borough Assembly and the City of Kodiak City Council for approval and award. D. Miscellaneous The KIB and City reserve the right to reject or accept any or all bids, to waive irregularities or informalities in the proposal, and to give particular uttention to the qualifications of the Proposer. KIB and City reserve the right to issue written addenda to revise or clarify the RFP, respond to questions, and/or extend or shorten the due date of Proposals. KIB and City retain the right to cancel the RFP process if it is in their best interest. Any cost incurred by proposers for the preparation and submittal of the proposal is the sole responsibility of the proposer. A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. All proposals become part of the public record and no pan of any proposal may be confidential. All proposals and other material submitted become KIB and City property and may be returned only at their option. KIB and City assume no responsibility or liability for the transmission, delay, or delivery of proposals by either public or private carriers. Any and all media announcements pertaining to this RFP require KB and City's prior written approval. This RFP does not obligate KB and City or the selected proposer until a contract is signed and upproved by all panics. Contact Borough Manager Bud Cassidy at (907) 486-9302 or at bcassidyCakodiukuk.us with questions regarding this solicitation. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 62 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 63 of 98 April 16, 2014 To: City and Borough of Kodiak From: Heather McCarty, Fishery Analyst Re: North Pacific Council meeting, April 2014 Summary of Council motions The Council passed three motions regarding the Gulf of Alaska Trawl Bycatch Management agenda Item. Although the Council did not yet provide alternatives and initiate a formal analytical process, the content of the three motions will be analyzed In expanded discussion papers. Taken together, they will provide for analysis and additional information regarding most of the elements that your Kodiak letter asked to have included for further consideration. The value of the Kodiak community contribution to the Council discussion was noted on several occasions, and was greatly appreciated. Council members publicly expressed how much they need and want continuing feedback from the Kodiak community on relevant elements of the program as it is developed. The first motion Is an expansion of the State's original cooperative structure framework motion that we commented on, and that was the subject of the discussion paper we reviewed. The new motion adds several things: it specifies 100% observer coverage; adds consideration of allocation of several target species in addition to Pollock and cod; includes crab along with salmon and halibut as Prohibited Species; includes specific alternative suites of years for eligibility and processor association; and provides specific alternative percentages for vessel and processor caps. This motion continues to refine the elements of the voluntary cooperative structure, with harvesters and their historic processor associated for at least the first two years of the program, and the requirement that the cooperative agreement must be signed by the processor and 51 to 80% of the license holders. It retains the option of having the community In which the processor Is located also sign the cooperative agreement This leaves open the possibility (motion, section 7g) that the community could participate in setting contract elements such as "bycatch management, active participation, mechanisms to facilitate entry, community provisions." It was clear that the State and the Council Is asking for further analysis of this potential path for community participation for the achievement of community goals. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 63 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 64 of 98 The motion also elaborates on regional delivery requirements (motion, section 9b), proposing that target species would be required to be landed in the region designated based an historic delivery patterns during a particular suite of years, either the qualifying years or 2011-2012. This section also includes an OPTION for a PORT of Kodiak landing requirement for delivery of target species historically delivered in Kodiak. The section on community stability also Includes the provision (section 9c) that individuals or entities must meet certain fishery participation criteria in order to be eligible to purchase a trawl license with associated history. It does not include those criteria, but Council staff noted in a subsequent meeting that this could be a placeholder for other Council objectives. The motion Includes a request for Information on latent trawl licenses and their effect on the proposed cooperative program, to evaluate the need for further recency criteria. It was noted In subsequent meetings that some trawl licenses could end up with no quota or very little quota, depending on the suite of years chosen for qualification. The second Council motion picked up the CFA proposal submitted to the Council and asked that it be reviewed. The Council asked for "an assessment of how a CFA construct could be used to address the Council's problem statement and the goals and objectives" for the action. The discussion will "compare and contrast the CFA tool with provisions In the [main) motion that may provide specific community protections" In their discussion about this motion, some Council members Indicated that they were voting to analyze the concept rather than the specific CFA proposal, and that the proposal could provide Information for analysis but not necessarily a template. One member said he wanted to work on community protection through adaptive management Another member said the proposal could "morph into something else, one of the mechanisms that allows us to do adaptive management" It was pointed out that coastal communities supported analysis of the concept The third motion was specifically about adaptive management, asking for a discussion paper on the West Coast Trawl program adaptive management quota provision. The maker of the motion indicated it was important to better understand how that provision was arrived at in the Pacific Council process, how is it being used, and why the decisions were made to Include it In the program. Potential Council schedule The Council asked that the expanded discussion papers come back to them for consideration at either the October or December Council meeting. It is more likely to be December, but that will not be decided until late summer. At that meeting late in 2014, it Is expected that the Council will adopt a suite of alternatives, and initiate a RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 64 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 65 of 98 formal analysis. Final Council decision on the program will occur after that analysts Is complete, no earlier than late 2015. Following the final decision, the National Marine Fisheries Service undertakes to write the Proposed Rule, which implements in regulation the content of the final Council decision. The Proposed Rule is out for public review for a set period of time, and then the public comments are responded to, and a Final Rule is posted in the Federal Register- this process can take up to 18 months. State Waters Fishery issues The federal process is made more complicated by the need for the State of Alaska to undertake a concurrent process to consider the coordination of the parallel fisheries In State waters (0 to 3 miles) with the federal fisheries under a new management program. Also, the Board of Fisheries (BOF) received a proposal from a Gulf trawler to create a State pollock fishery open to all gear types and funded by 25% of the total allowable catch of Pollock 1 attended the meeting yesterday of the BOF Central Gulf of Alaska Walleye Pollock Workgroup as they considered these issues. The workgroup is made up of harvesters -by gear type and region - processors, and NMFS, Council and ADF&G staff - a large group. The group did not include community representatives or Western Gulf reps, so the chair Intends to add a harvester and a processor from the Western Gulf, a representative of the Kodiak community, and a representative of a Western Gulf community. The next meeting of this workgroup is in October, just prior to the October Council meeting. Recommendations As I have pointed out in my emails this week, we have some timing questions to consider at your upcoming meeting. We will be discussing the Gulf Trawl Bycatch action and several other issues with the visitors from NMFS, but we do not have time In advance of that discussion to discuss amongst ourselves and react to the Council action from last week So the discussion tomorrow- as John indicated - will necessarily be limited to the contents of our previous position letter. I recommend that at the beginning of the meeting I give a brief update acknowledging and summarizing the recent Council actions, and saying that we have not had the opportunity to review and analyze those actions - but that we intend to at subsequent meetings. We should have the three motions available for the public I also recommend that the FWG schedule another meeting as soon as is workable to discuss in more depth the Council actions, the State Waters issues, and the plans for moving forward with community participation In this process. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 65 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 66 of 98 December 29, 2015 Bud Cassidy, Borough Manager Kodiak Island Borough Aimee Kniaziowski, City Manager City of Kodiak Dear Bud and Aimee: As you know, the two-year contract between McCarty and Associates, the City and the Borough is, in effect until February 6, 2016. The contract Is renewable by mutual agreement of the parties to the contract, so 1 felt it was timely to communicate with you both about future plans. I want to let you both know that 1 very much appreciate your help and encouragement, and that of your efficient and friendly staffs. l especially compliment both the City and the Borough on the careful and conscientious way your teams have supported the meetings of the Kodiak Fishery Work Group (KFWG) and the community roundtable forums. Their attention to detail and process is exemplary. I also would like to formally request your consideration of renewing the contract. I believe the KFWG and the community of Kodiak have benefitted from the work we have collectively done at the North Pacific Council and in other forums. The community of Kodiak is clearly perceived as an example of how fishing -dependent communities can successfully interact with management bodies. We have had the good fortune of having intelligent and motivated co-chairs, and committed members of the KFWG; it has been a true pleasure to work with that group. 1 am also pleased that the community has, with deliberation, agreed to a contract to do some important baseline fisheries -related economic data - gathering, which will lay the groundwork for further analysis of management plans. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 66 of 98 AGENDA ITEM #12.A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 67 of 98 Although not the only fisheries issue of importance to Kodiak, the outcome of the Council's Gulf Trawl Bycatch Management (GTBM) action will have a tremendous effect on the community. That action is really just beginning, and the next 18 months will clearly be a time of great need for the kind of unbiased information and analysis that 1 believe 1 can continue to provide. Please let me know if you need something more formal from me, and what your joint process and timeline is for making a renewal decision. I am happy to appear before the City Council and/or the Borough Assembly if those bodies should wish to discuss this with me, and of course 1 am always available to you. Best regards, /feather McCarty Heather McCarty Cc: Major Pat Branson, City of Kodiak Major Jerrol Friend, Kodiak Island Borough John Whiddon, Co-chair, KFWG Rebecca Skinner, Co-chair, KFWG RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 67 of 98 r_1rd-1,m_vr�a„FEM-1I RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 68 of 98 C o E �8n Sn 88888888 8 8 0 88 8 :° M /� ry ry rvrvrvry rvrvrvh N n� rvn n O � Z u P p E E a C E o > .0 m m o --- -- PP -PP-P - MO aar �� sss"s.a"oar c,a aaa as � aSaaam a z Z7 aas as ogo��sao a a �� Fy�� o o 10 a ooR o0 00„0� o o v Q� (A aaa as ��eSaaa ; S 2a a 3 o^oS SS ogg0R$��^.0 t o g �� o O aaa a U o oo a�aaamaa � o oos ss ogso� 3a 2 0 6 s� o a N 8 a 8> �� 6^m��^off g a rry a e o0o aT a;a oa S ipO OOOtitiw o o a y y0 d z z a � i f Pa Pu u ua u a a u 222222 a s n u . SSS SS SSSSSSSS S S S SS S � R9 $naE H 22222222 n a n cn n Q a 9 HHHH89H H V 9 b9 P N E3 sH p 10 10 10 13 10 11 SKy LL4F�¢n8¢51C¢¢¢QG�G��c¢a¢¢aii .�. gg 0 RECONSIDERATION of Contract No. FY2014-26 Joint Contract Wit... Page 68 of 98 AGENDA ITEM #13.61.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT G` FEBRUARY 4, 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities there are improvements and infrastructure that include docks, airports, community utilities and facilities. Project needs have been identified and prioritized by each community and forwarded to the Kodiak Island Borough for inclusion in a 2016 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation RECOMMENDED MOTION: Move to adopt Resolution No. FY2016-26. Kodiak Island Borough Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 69 of 98 AGENDA ITEM #13.6.1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 70 of 98 1 Introduced by: Manager Cassidy 2 Requested by: Assembly 3 Drafted by Special projects support, Christiansen 4 Introduced on: 02/04/2016 5 Adopted on: 6 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY 2016-26 10 11 12 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A 13 2016 KODIAK ISLAND BOROUGH COMMUNITIES STATE LEGISLATIVE CAPITAL 14 IMPROVEMENT PROJECTS PRIORITY LIST 15 16 WHEREAS, the Kodiak Island Borough is a regional government representing the citizens and 17 communities of the Kodiak Island Archipelago; and 18 19 WHEREAS, these communities include the citizens and visitors of the Kodiak Island Borough 20 which is a second class borough, the home rule city of Kodiak, the second class cities of Akhiok, 21 Larsen Bay, Old Harbor, Ouzinkie, and Port Lions; and the unincorporated community of Karluk; 22 and 23 24 WHEREAS, the governing bodies of these communities have developed a list of improvement 25 and infrastructure needs for their citizens and visitors; and 26 27 WHEREAS, Community Capital Improvement Project (CIP) needs are identified and prioritized 28 by each of the Communities and forwarded to the Kodiak Island Borough for inclusion into an 29 island wide list to be considered by the Alaska Legislature; and 30 31 WHEREAS, the Kodiak Island Borough as the regional government is supportive of all identified 32 community Capital improvement project needs. 33 34 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT the Kodiak Island Borough Communities 2016 State Legislative Capital 36 Improvement Projects Priority Lists are as follows: 37 38 Kodiak Island Borough 39 1. M/V Tustumena Replacement Vessel Construction $50,000,000 40 2. Anton Larsen Bay Road Extension to Ice Free Water $8,000,000 41 3. East Elementary Traffic Flow Improvements $2,000,000 42 4. Drainage Improvements to the Chiniak Highway at Sargent Creek $54,000 43 5. Service Area Road Improvements and Paving $5,000,000 44 6. Fire Protection Area No. 1 Fire Tanker/Tender Vehicle $100,000 45 7. Mill Bay Beach Access Upgrade $200,000 46 8. Monashka Bay Water and Sewer Project Feasibility, Planning and Design 47 $500,000 48 49 Kodiak Island Borough Resolution No. FY2016-26 Page 1 of 3 Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 70 of 98 AGENDA ITEM #13.B.1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 71 of 98 50 City of Kodiak 51 1. Mill Bay Road Pavement Rehabilitation $1,500,000 52 2. State Municipal Matching Grant and Harbor Facilities Grant Programs 53 3. State Revenue Sharing 54 4. Replacement Ambulance $200,000 55 5. Firefighting and Safety Equipment $62,550 56 6. Shelikof Street Bulkhead Parking $1,565,000 57 50 City of Akhlok 59 1. Advance Payment System for Electric Services $65,000 60 2. Generator Upgrade $125,000 61 3. New Electrical Line Installation $2,000,000 62 4. Feasibility Study of Wind, Solar and Hydro Power $150,000 63 5. New Dump Site $200,000 64 6. Fuel Truck Purchase $75,000 65 66 City of Larsen Bay 67 1. Septic Pump Truck $300,000 68 2. Landfill Burn Box $120,000 69 3. Boat Harbor Light Replacement $250,000 70 4. Replacement of Aggregate on Roads $500,000 71 5. Replace Garage/Machine Shop $650,000 72 6. Upgrade City Hall $700,000 73 7. Upgrade Hydro Dam and Reservoir $1,250,000 74 75 City of Old Harbor 76 1. Airport Improvements $8,000,000 77 2. Hydroelectric Power Project $8,000,000 78 3. Bear Proof Dumpsters/Dumper Repair $20,000 79 4. Emergency Response skiff with outboard motor and trailer $75,000 so 5. City Shop $200,000 81 6. Landfill Building $130,000 82 7. Water Distribution System Upgrade $1,435,000 83 8. Backhoe/Loader $50,000 84 85 City of Ouzinkie 86 1. Water Transmission Line Replacement $880,000 87 2. Electrical Infrastructure Upgrade $1,000,000 88 3. Alternative Energy Development Projects $750,000 89 4. Agricultural Development $500,000 90 5. Anton Larsen Bay Road Extension $8,000,000 91 6. Alaska Marine Highway, MN Tustumena Replacement 92 7. Electrical Upgrade to Boat Harbor $20,000 93 8. Equipment Upgrades $225,000 94 9. Community Roads Resurfacing $3,600,000 95 10. Ouzinkie Municipal Building $1,400,000 96 11. Heavy Equipment Storage Building/Shop $250,000 97 12. Fire Hall Roof Replacement $20,000 98 13. Fire Hall Furnace Replacement $10,000 99 14. Tourism Development $827,500 Kodiak Island Borough Resolution No. FY2016-26 Page 2 of 3 Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 71 of 98 AGENDA ITEM #13.6.1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 72 of 98 100 101 City of Port Lions 102 1. Small Boat Harbor Stub Breakwater $1,800,000 103 2. MN Tuslumena Replacement Vessel Construction $250,000,000 104 3. Rock Screen & Conveyor $375,000 105 4. City Maintenance Buildings Maintenance $50,000 106 5. Anion Larsen Bay Road Extension $6,000,000 107 6. New Subdivision Development $800,000 106 7. Harbor Water Main $1,000,000 109 8. Road Upgrades $1,200,000 110 9. Airport Extension $3,000,000 111 10. Salmon Enhancement $35,000 112 11. Disaster Relief Equipment $50,000 113 12. Small Boat Harbor Dock Crane $75,000 114 115 Community of Karluk 116 1. Design and Install Community Water Tank 8 Distribution System $800,000 117 2. Purchase 120 KW Generator $200,000 118 3. Plan & Design Water Treatment Plant $200,000 119 4. Community Hall/Clinic Renovation $300,000 120 5. Landfill Relocation $400,000 121 6. Grant Writer Assistance $8,000 122 7. Education Assistance for Kaduk School $10,000 123 124 125 BE IT FURTHER RESOLVED THAT the Kodiak Island Borough administration is hereby 126 Instructed to advise the Governor and our Legislative Representatives of the Slate of Alaska of 127 the Kodiak Island Borough Communities 2016 State Legislative Capital Improvements Project 128 Priority List adopted by the Kodiak Island Borough Assembly 129 130 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 131 THIS DAY OF 2016 132 133 KODIAK ISLAND BOROUGH 134 135 136 137 Jerrol Friend, Borough Mayor 138 139 ATTEST: 140 141 142 143 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2016-26 Page 3 of 3 Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borou... Page 72 of 98 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 4. ASSEMBLY REGULARR MEETING TITLE: (Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board (Ms. Summer Blain). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: There are currently two vacancies on the Monashka Bay Road Service Area Board and the Clerk's Office received an application from Ms. Summer Blain on January 11, 2016 for a seat to expire 2018. On Wednesday, January 13 the Clerk's office forwarded the application to the board for their recommendation. On Tuesday, January 19 the Clerk's office received the Boards recommendation to bring Ms. Summer Blain forward to serve on the board. The Board did show concern regarding her residence address but her residence address is 2648 Devils Prong which resides in the service area. KIBC 4.15.040 Vacancies E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. RECOMMENDED MOTION: Move to Confirm the Assembly Appointment of Ms. Summer Blain to the Monashka Bay Road Service Area Board for a seat to expire 2018. Kodiak Island Borough Confirmation of the Assembly Appointment to the Monashka Bay... Page 73 of 98 AGENDA ITEM #13.D.1. Confirmation of the Assembly Appointment to the Monashka Bay... Page 74 of 98 Angela MacKenzie " From: noreplyLmcivicplus.com Sent: Monday, January 11. 20164:47 PM RECEIVED To: Clerks Subject: Online Form Submittal: Board Application Form JAN ) 1 2016 Board Application Form eOap°L� Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Monashka Bay Road Service Area Board Commission, or Committee applying for Designated seat or group Field not completed. representation (if applicable): Full Name Summer Blain Residence Address 2648 Devils Prong Mailing Address 1122 Mission Rd Email Address (This address endlessummer19800vahoo.com will be used for correspondence) - - Home Phone Number 9079427682 (numeric only) Work Number (numeric 9074875320 only) Cell or Fac Number (numeric 9079427682 only) Employer/Occupation USCG/ Engineering Technician RESIDENCY INFORMATION Length or residency in 12 years Kodiak r Confirmation of the Assembly Appointment to the Monashka Bay... Page 74 of 98 AGENDA ITEM #13.D.1. Confirmation of the Assembly Appointment to the Monashka Bay... Page 75 of 98 Registered to vole in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length of Residence in 4 years Service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Field nor completed. or participate in Explain your main reason for To serve my community applying What background, Background in engineering, construction and project experience, or expertise will management. you bring to the board/commi t lee/commiss ion membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y/ N Applicant's Residence: Borough City Dale of Appointment Term Expires On Appointment Letter Rosier Oath of Office APOC POFD Statement: N/A Attached On File z Confirmation of the Assembly Appointment to the Monashka Bay... Page 75 of 98 AGENDA ITEM #13.D.1. Confirmation of the Assembly Appointment to the Monashka Bay... Page 76 of 98 KODIAK ISLAND BOROUGH MONASHKA BAY ROAD SERVICE AREA BOARD NAME TERM HOME WORK EMAIL PHONE PHONE Andrew Dano (Vice Chair) 2017 486-6823 lrashfish(alaci.nel 2139 Forest Dr. Kodiak, AK 99615 Thomas Lance (Chair) 2016 486-5044 486-5044 soruceoardens(aTalaska.net 1338 Mountain View Drive 654-9293 Kodiak, AK 99615 (Cell) VACANT 2018 Randy Spivey 2016 539-1328 539-1328 soiveviodvC&omail.com 1709 Three Sisters Way Kodiak, AK 99615 VACANT 2018 This board Is governed by Kodiak Island Borough Code 4.60 Revision nate: 11/2/2015 Revised by: AM Confirmation of the Assembly Appointment to the Monashka Bay... Page 76 of 98 AGENDA ITEM #13.D.1. Confirmation of the Assembly Appointment to the Monashka Bay... Page 77 of 98 Angela MacKenzie Subject: FVJ: MBRSA Re: RECEIVED AN APPLICATION FOR THE BOARD From: Tom lance fmallto:soruceaardensCaalaska.netl Sent: Saturday, January 16, 2016 6:19 PM To: Angela MacKenzie Cc: Andy Dano; Randy Spivey; Nova Javier; Laurie Pardee Subject: MBRSA Re: RECEIVED AN APPLICATION FOR THE BOARD 1 conducted an informal poll of MBRSA Board, and all are in favor of forwarding Summer Blain's application to KIB Assembly for approval to serve as the fourth MBRSA Supervisor. We did note that her application shows a mailing address as 1122 Mission Road If her primary residence is 1122 Mission Road (not within MBRSA), is she still eligible to serve? Thank you Tom lhnmaa/nnce Chain A/onaahl u Bar, X1;A (c) 654-9193 Prl 486-5044 t Confirmation of the Assembly Appointment to the Monashka Bay... Page 77 of 98 AGENDA ITEM #13.D.1. Confirmation of the Assembly Appointment to the Monashka Bay... Page 78 of 98 Angela MacKenzie Subject FW: RESIDENCE ADDRESS From: Summer Blaln rmailto:endlessummerl980(dvahrw.mml Sent: Tuesday, January 19, 2016 10:42 AM To: Angela MacKenzie Subject: Re: RESIDENCE ADDRESS Yes it is. Sent from my Whore On Jan 19, 2016, at 8:49 AM, Angela MacKenzie <amackenzleftodlakak.us> wrote: HI Summer, We received your application to serve on the Monashka Bay Road Service Area Board and just want to clarify your residence address Is 2648 Devils Prong? Thank you, An MacKenzie Deputy Clerk <ima8e003.png> Office of the Borough Clerk Kodiak Island Borough 710 Atilt Bay Road, Room 102 Kodiak, AK 99615 I5 907.486.9310 R 907.486.9391 amackenzieralkodiakakus r PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. <2016.01-11-MBRSAB-APP-BLAtN.pol> 1 Confirmation of the Assembly Appointment to the Monashka Bay... Page 78 of 98 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT r _ FEBRUARY 4, 2016 ASSEMBLY REGULAR MEETING br i TITLE: Confirmation of the Mayoral Appointment to the Kodiak Workforce Regional Advisory Council Business Management Information Technology Seat (Paul Vandyke). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: On July 2, 2015 the Clerk' Office received an application from Mr. Paul VanDyke and on October 28, 2015 received an application from Mr. Frank Hack both for the Business Management and IT seat. The KWRAC met on Tuesday, January 12, 2016 and recommended Mr. Paul VanDyke to fill the Business Management and Information Technology seat for a term to expire December 2016. RECOMMENDED MOTION: Move to appoint Mr. Paul VanDyke to the Business Management and Information Technology seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2016. Kodiak Island Borough Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 79 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 80 of 98 From: m Ngowusa To: ❑ebs Subject. enUm rpm SuIxniUal: Bo Applimb Farm Gate: Twr IaY. wY Ole 2015 3:02:09 PM The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Kodiak Workforce Regional Advisory Council Designated seat or group representation (if applicable):: Information Technology Full Name: Paul VanDyke Residence Address: 2678 Lakeview Drive Mailing Address : P Email Address (This address will be used for correspondence): pvandyke@kodiakak.us Home Phone Number (numeric only): 9079422904 Work Number (numeric only): 9074869336 Cell or Fax Number (numeric only): 9079422904 Employer/Occupation: Kodiak Island Borough Length of residency in Kodiak: 35 years Registered to vote in Kodiak?: Yes Length of Residence in Service Area: Are you currently serving on other Boards, Commissions, or Committees?: No If yes, which: Organindons you belong to or participate In: USGC Auxiliary Alderwood Homeowners Assn Explain your main reason for applying: I believe that Kodiak is a great place to live and work. To have a successful community, we need jobs in many industry sectors. I also strongly believe that we need multiple skill levels in those industry jobs. To create a sustainable community we need to have organic job creation with our local workforce in the industries that are needed. What background, experience, or expertise will you bring to the board/committee/commission membership7: I have been In the IT field for over 20 years and have taught IT classes at Kodiak College. I am also very supportive of internship programs and am working with others to develop the Kodiak Internship Network. This will bring learning opportunities to students that may allow them to find local job opportunities. Are you available for regular meetings?: Yes FOR CLERKS OFFICE STAFF ONLY: Registered Voter of the Borough: Y N Applicant's Residence: Borough City Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 80 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 81 of 98 Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: APOC POFD Statement: N/A Attached On File Additional Information: Form submitted on: 7/2/2015 3:02:03 PM Submitted from IP Address: 209.165.152.100 Referrer Page: No Referrer - Direct Link Form Address: htto•/h•.^:.:v kodiakak us+Forms asox?FID=72 Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 81 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 82 of 98 Board Application Form K w M -,, Please complete the online forth below. Please be aware that the Informadon given on your appllcallan Is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and mating Information. RECEE VED G4L V L PERSONAL INFORMATION LOCT2 0 2019 Select the Board. Commission, or Committee applying for' Kodiak Wmkfon:e Regional Advisory Council BOROUGHCLERKS OFF10E KO9I ALASM Designated seat or group representation (If applicable): Business Management and IT Full Name Frank James Hack Residence Address' 3925 Wolverine Way, Apt 1 Mailing Address' 3925 Wolverine Way 01 Email Address (This address will be used for correspondence)' sasdevelopw@yahmcm Home Phone Number (numeric onty)' Work Number (numeric only)' 9075126910 9075125910 Call or Fa: Number (numeric only)' Employer/Occupation' Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 82 of 98 ITcWiM-MlZVEEi N -W Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 83 of 98 9975126919 soft RESIDENCY INFORMATION Length of residency In Kodiak' 4 months Registered to vote In Kodiak?' o Yes No FOR SERVICE AREA BOARD APPLICANTS Length of Residence In Service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees?' Yes a No If yes, which Organizations you belong to or participate In Explain your main reason for applying To participate In the cornmunl y Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 83 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 84 of 98 What background, experience, or expertise will you bring to the board/commiheefcommisslon membership? 20 years of InfOrmallen Technology experience Are you available for regular meetings?' a Yes No pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members lerm, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and Is notexcused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y_ N Applicant's Residence: Borough_ City _ Data of Appointment Tom Expires On Appointment Letter Roster Oath of Of0ce APOC POFD Statement: NIA . Attached On File Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 84 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 85 of 98 KODIAK ISLAND BOROUGH ORICE REGIONAL ADVISORY COUNCIL NAME TERM WORK CELL EMAIL PHONE PHONE KODIAK ISLAND BOROUGH Yearly dermis symmonsfrakibassemblv.oro Borough Assembly Member Appointment 6541045 Dennis Symmons CITY OF KODIAK 2017 486-8690 53&7600 amwiowskilRcilv.ko 1iak.ak us City Manager Aimee Knia iowski 710 Mill Bay Road. Roam 216 Kodiak, AK 99615 UAA KODIAK COLLEGE 2017 486-1220 a f.gIebemr&kadi.k..I.ka.edu Director 486-1219 schichem.1tD odiak.alasusedu Alan Fugleberg 486-1250 117 Benny Benson Drive (Fax) Kodiak. AK 99615 KODIAK ISLAND BOROUGH SCHOOL DISTRICT 2016 486-5929 rkniwiovski(-hodzonlines.corn School Board Member Rick Knimiowski 421 Mill Bay Road Kodiak, AK 99615 UNIVERSITY OF ALASKA FAIRBANKS, KODIAK 2017 486-1529 hhhimelNmm(Malaska.edu SEAFOOD AND MARINE SCIENCE CENTER 486-1540 Associate Professor (Fax) Brian Himelblcom 118 Tndenl Way Kodiak, AK 99615 Alternate, Quentin Fong Ofonn(dtsfos of ado VILLAGE REPRESENTATIVE 2017 Vacant KONIAG, INC. 2016 4814129 ssimmons0honiao.corn Manager, Shareholder Relations Stacey Simmons 194 Alimaq Drive Kodiak, AK 99615 KODIAK CHAMBER OF COMMERCE 2016 486-5557 486-7605 trevor(@kodiak or Executive Direcbr Trevor Brown 100 E. Marine Way, Suite 300 Kodiak, AK 99615 DEPARTMENT OF LABOR KODIAK JOB CENTER 2017 486-3105 mche1,mdnam(&alaske.gov Employment Security Manager Ext. 3 Rachel Putnam 211 Mission Rd., Suite 103 Kodiak, AK 99615 UNITED STATES COAST GUARD 2017 487-5836 david.a. husted(81usm.mil Executive Officer David Husted, Commander Hangar 2 Coast Guard Air Station Kodiak, AK Roster continued on the next page.... Revision Date: 1/14/2016 Revised by: AM Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 85 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 86 of 98 KODIAK ISLAND BOROUGH K WORKFORCE REGIONAL ADVISORY COUNCIL NAME TERM WORK CELL EMAIL PHONE PHONE AGRICULTUREAND NATURAL RESOURCES 2017 VACANT BUSINESS MANAGEMENT AND IT 2016 VACANT HEALTH AND SPORTS FITNESS 2017 VACANT HUMAN RESOURCE SERVICES 2016 486-9558 brenda.zawacldaprovidenre.are Providence Kodiak Island Medical Center Brenda Zawacki PO Box 8662 Kodiak, AK 99615 ARCHITECTURE, CONSTRUCTION, AND ENGINEERING 2017 VACANT ARTS AND COMMUNICATION 2017 942-1903 486-1229 onfiniaredl2➢amail.com Kodiak College Assistant English Professor Jared Griffin PO Box 2094 Kodiak, AK 99615 CITIZEN AT LARGE 2017 5395015 alishaiWafo0nak.com Alisha Drabek PO Box 261 Kodiak, AK 99615 EX -OFFICIO STAFF 481-6202 smcdonaId0l(Rkft sd orn Kodiak Island Borough School District Superintendent St.ad McDonald 722 Mill Bay Road Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.155 KIBSD ADMINISTRATIVE ASSISTANT, WES HANNA 481-6202 whannaDl0-kibad.orn BOROUGH DEPUTY CLERK, ANGELA MACKENZIE 486-9311 amackenzieLftodiakok.us K ODIAK ISLAND BOROUGH SCHOOL DISTRICT OFFICE OF THE BOROUGH CLERK O FFICE OF THE SUPERINTENDENT 710 MILL BAY ROAD ]22 MILL BAY ROAD ROOM 101 KODIAK, AK 99615 KODIAK. AK 99615 Revision Data 1/142016 Revised by AM Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 86 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 87 of 98 Kodiak Island Borough Code Chaptar2.155 KODIAK WORKFORCE REGIONAL ADVISORY Page 1 of 4 COUNCIL Chapter 2.155 KODIAK WORKFORCE REGIONAL ADVISORY COUNCIL Sections: 2.155010 Created — Membership. 2.155.020 Organization. 2.155.030 Term, compensation, and appointments. 2.155 nen Powers and duties. 2155.050 Administrative assistance. 2.155.060 Quorum and voting requirements. 2.155.070 Conflict of Interest. 2.155.060 Procedure. 2155.090 Reports and minutes. ' Editar's rote: Ord. FY2015-07 reestablishes the Kodiak workforce regional advisory council effective midnight December 31, 2014. 2155.010 Created — Membership. There Is created a Kodak workforce regional advisory council which will consist of one appointed seal and 16 designated seats on the councll. Each holder of the following designated seats will be Invited to participate on the council either personally or by a designated representative: A. Kodiak Island Borough; B. City of Kodiak; C. University of Alaska Anchorage Kodiak College; D. Kodiak Island Borough School District; E. Fishery Industrial Technology Center; F. Village representative; G. Kodiak, Alaska, Native Corporations; H. Kodiak Chamber of Commerce; t. Department of Labor; J. United States Coast Guard. Each holder of the following designated seats will be appointed to the council from the following The Kodiak Island Borough Cade is cunenl thrash Ordinance FY2016-06, passed September 17, 2015. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 87 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 88 of 98 Kodiak Island Borough Code Chapter 2.155 KODIAK WORKFORCE REGIONAL ADVISORY Page 2 of COUNCIL designated business groups: K. Agriculture and natural resources; L Business management and IT; M. Health and sports fitness; N. Human resource services; O. Architecture, construction, and engineering; P. Arts and communication. [Ord. FY2011-04 §2, 2010]. 2.155.020 Organization. The council shall designate its chair and vice -chair at the first meeting of the calendar year and shall hold at least one meeting semi-annually. The council shall give reasonable pudic notice of its meetings. [Ord. FY2011-04 §2, 2010]. 2.155.030 Term, compensation, and appointments. A. The term of each member is three years. The regular term shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year the tens expires. B. Members of the council shall serve without compensation. C. The clerk shall provide a standard application form for interested persons to complete. The form, letters, or other expressions of interest shall be made to the clerk who shall forward copies to the council D. The council may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. Vacancies occur and are filled as provided in KIBC 2.100.070. [Ord. FY2011-04 §2, 20101. 2.155.040 Powers and duties. The council shall define regional priorities for workforce development, and show how they are linked to employer demand, economic development, and education or training strategies. Specifically, it should: A. Gather, review, and assess local employment data, local skills, and skill gaps; B. Set priorities to target priority industries and occupations, as well as education and training The Kodak Island Borough Code is current ihmugh Ordinance FV201G06, passed September 17, 2015. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 88 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 89 of 98 Kodiak Island Borough Code Chapter 2.155 KODIAK WORKFORCE REGIONAL ADVISORY Page 3 of 4 CWNCIL strategies that best fit the community needs; C. Provide oversight and advice on One -Slop Jab Center operations to ensure they are meeting regional and local needs; D. Develop or endorse regional projects that are aligned with the Identified regional priorities; E. Establish plans for developing regional priorities, and will work together with the AWIB on Information sharing and planning outcome reviews; and F. Provide an opportunity for educational organizations and local businesses to work together to prepare students for future employment and meet the needs for business employees. [Ord. FY2011- 04 §2, 2010]. 2.155.050 Administrative assistance. The manager or designee shall: A. Furnish the council with copies of all requested documents and other information necessary or reasonably related to council functions; B. Provide the council with such supplies, meeting space, and secretarial assistance as the manager deems reasonably required; C. Refer to the council, for Its discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and D. Transmit all recommendations and other communications from the council to the assembly or educational organizations as designated by the council. [Ord. FY2011-04 §2, 2010]. 2155.050 Quorum and voting requirements. A majority of the holders of the appointed and designated seats or their designated representatives shall be a quorum for the transaction of business. The affirmative votes of the majority of the holders of the appointed and designated seats or their designated representatives shall be required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may adjourn or recess a meeting to a later time or date. [Ord. FY2011-04 §2, 2010]. 2.155.W0 Conflict of Interest. Every member shall vote on all questions unless the member has a substantial direct or substantial Indirect financial Interest in the matter being discussed. The provisions of KIBC 2.35.010 apply to all members. [Ord. FY2011-04 §2,2010]. - 2.155.OBO Procedure. The Kodiak Island Ba ugh Code is current through ordinance FY2016-05, passed September 17, 2015. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 89 of 98 AGENDA ITEM #13.D.2. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 90 of 98 Kodiak Island Borough Code Chapter 2.155 KODIAK WORKFORCE REGIONAL ADVISORY Page 4 of 4 COUNCIL Procedural rules and order of business shall be established, except as otherwise provided by law, subject to approval by the assembly. In all matters of procedure not covered by rules adopted by the council, Robert's Rules of Order, as revised, shall be applicable and shall govern. [Ord. FY2011-04 §2, 2010]. 2.155.090 Reports and minutes. Minutes of the proceedings shall be kept, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the clerk and shall be a public record. [Ord. FY2011-04 §2, 2010]. The Kori Island Borough Code is cunont through Ordinance FY2016-06, passed September 17, 2015. Confirmation of the Mayoral Appointment to the Kodiak Workfo... Page 90 of 98 AGENDA ITEM #17.8.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending December 31, 2015 LANDFILL LATERAL EXPANSION Phase I of the Landfill Lateral Expansion project was clearing, excavation and realignment of the road at the landfill, and was completed in August 2012. Phase II was construction of a new fully -lined landfill cell and leachate collection system, and was completed in November 2015. Phase 111 is construction of a new Leachate Treatment Plant, and has progressed to the point that the new plant is currently operational. ASRC SKW Eskimos, Inc. is gathering materials to complete the punch list items and is scheduled to be on site in early January 2016 to make the final corrections. The underground pump vault between the leachate lagoon and the treatment plant has a leak that is currently being reviewed by ASRC. The plant is functioning in semi-automatic mode and will not be placed in 24-hour run status until the leak is repaired. Staff anticipates the first wasting of collected and filtered waste solids to take place in mid to late January 2016. As described at the Assembly meeting on December 17, 2015, there have been complaints from local neighbors about excess noise being generated from the machinery in the treatment plant, specifically the high volume blowers. Staff is currently waiting for pricing from the contractor to install silencers to mitigate the noise. Pricing is also pending on installation of fall protection for the large concrete tanks and reconfiguration of some of the chemical pumps. BALER BUILDING FLOOR REPLACEMENT The concrete topping on the Floor at the Baler Building is severely worn down, particularly in the area directly in front of the baler equipment. A bid package for repairs to the floor was compiled by staff based on the concrete topping product used when the floor was last repaired in 2007. Bids were opened on September 10, 2015, and four bids were received. On October 1, 2015, the Assembly voted to approve a contract to the low bidder, Diversified Construction of Eagle River, Alaska. Construction is scheduled for January lith through 25th. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received a Alaska Legislature grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for installation of the new generator. Due to the cost for December 2015 Change Order Report, KHS Wilson, Other Project... Page 91 of 98 Grr 4NAT-�I MEMiw-- installation the project will need to go out for public bid. Staff is currently compiling a bid package, and the project is scheduled to go out for bid by the end of January 2016. FLOORING REPLACEMENT— MAIN AND PETERSON This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring at the Main Elementary gymnasium and throughout Peterson Elementary School. KIB issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Preliminary design is now underway. This work is scheduled to be completed during summer 2016. PETERSON BOILERS AND CONTROLS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. KIB issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Preliminary design is now underway, and includes looking at possible energy saving alternatives such as electric boilers vs. fuel oil boilers. This work is scheduled to be completed during summer 2016. Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering, Inc. Project Status Report—December 2015 Page 2 December 2015 Change Order Report, KHS Wilson, Other Project... Page 92 of 98 AGENDA ITEM #17.8.1. December 2015 Change Order Report, KHS Wilson, Other Project... Page 93 of 98 WILSON ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation Period Ending; December 31, 2015 Summary: Phase 9 of the Kodiak High School renovation project was deemed substantially complete this period on December 18, 2015. This final phase of the project includes the completion of Natural Resources, Dance Studio, Sports Fitness Lounge, the Cafe and the Student Store. Also completed in this phase is the renovation of existing Boys and Girls Restrooms which was added to the project through a change order utilizing project contingency funds. The remaining balance of FF&E was Installed over the winter break allowing staff and student to see the completed space upon their return to campus. Bid Alternates that were awarded will continue through the winter. Exterior metal siding at Area D, E & F will commence in January and be completed in March. ADA upgrades to the Area B elevator are 80% complete with State inspections scheduled for next period. Renovation to the Area B East Stair Tower was also completed 90% this period. With the exception of landscape planting, all work within the contract base bid is now complete. Work This Period: • Phase 9 Area D completed • FF&E installations in Phase 9 • Owner move -in activity Area D • Area B East Stair Tower renovations - • Area B Elevator ADA up -grade Work Scheduled Next Period: • Complete Area B Stair Tower • Complete Area B Elevator upgrade Sports Fitness lounge • Ongoing punch list corrections • Commence exterior siding Area D Schedule Status: Phase 9 completion revised to December 18, 2015 - - -� �- - Scheduled Milestones In Progress RFI's Phase Start Milestone % Complete Last Period 08- 4 4-5-13 11-18-14 100% This Period 06 - 5 6-1-14 08-21-14 98% Open RFI's 00 6 6-1-14 11-01-15 99% Natural Resources 7 5-15-15 08-20-15 98% Total To -Date 792 8 3-01-15 08-20-15 96% 9 6-01-15 12-18-15 95% 7177 Bruce Walter, Project Manager Dance Studio December 2015 Change Order Report, KHS Wilson, Other Project... Page 93 of 98 AGENDA ITEM #17.8.1. December 2015 Change Order Report Vl O R N O] r1 N 01 n OO m tp O n V1 V1 O x O p O Q O O N v � O � O a v d Y O O y h LL ° �A N O titi � h r0 Q v H t o j N 3 O N M O Ln `w CS m a E p U d '^ j O w C -O ia d E o m U c .+ � a� o N o¢ o v o �= W a O U rn ti O O Y � a O O W w m °1 N C 2 m U' f0 l7 ¢ c o o ., _ d C � C a • O � �� O a p U x d O v ,p Z w v a c v� O c v 0 c W p � 0 _ 2 ¢ v w Y � LL � i December 2015 Change Order Report 2 m U' f0 l7 m Q U `w l7 _ d C � C a � _ 2 LL Y � LL , KHS Wilson, Other Project... Page 94 of 98 AGENDA ITEM #17.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 To: Bud Cassidy, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending December 31, 2015 Below is a summary of approved change orders for capital projects for December 2015: Baler Building Floor Diversified Construction.Inc. - Contract 2016-24 Change Order #1- $11,804.65 Remove and replace additional 180 sf of concrete topping per Cost Proposal 001. This additional area Is a portion of the area included In Bid Alternate 2. Removing and replacing this additional area will eliminate a low spot in the middle of the floor, and provide a better finished product. Substantial Completion date is extended from December 15, 2015 to February 15, 2016 due to extended lead time for materials. Kodiak High School Addition and Renovation Watterson Construction Co. - Contract 2013-24 Change Order#64-$62,508.00 PCO #244- During the design phase civil engineers at PND surveyed the project site and developed unit quantities for bidding and monitoring unit costs activities. Unit quantities for rock excavation were developed from geotechnical boring samples. While boring samples indicated the presence of rock, the actual amount of rock required for removal was unknown. PND Engineers estimated 650 cubic yards of rock excavation based on standard civil engineering practices. Approximately 1,480 cubic yards of rock excavation was required over the life of project, exceeding the engineers estimate. After carefully monitoring the work and performing a thorough audit of invoices, PCO 244 was submitted for the total additional cost of $62,508. Change Order #65 - $5,375.00 PCO #236- Watterson Construction employs a Kodiak resident, Bruce Drummond, who is a very talented plaster artist. Bruce proposed covering the exposed two-story concrete shear wall in Corridor 81068 with a colored plater stucco finish. Samples were provided and approved by the Change Orders - December 2015 December 2015 Change Order Report, KHS Wilson, Other Project... Page 95 of 98 AGENDA ITEM #17.8.1. KIB project management team. With a relatively low cost for his efforts and materials, It was decided that this work would be completed through the contract with Watterson and paid from the Art in Public Places contingency budget. $4,616.00 PCO #237—The artist at Art in Public Places Site #4 needed assistance with a man life and an extra hand to Install his school of salmon that is suspended from the roof structure in Commons B106B. Watterson Construction provided a man lift and one laborer for this effort. The artist agreed to and approved this cost, and the cost was deducted from the artist's contract. $2,290.00 PCO #240—The artist at Art in Public Places Site #1 requested that her stainless steel bear prints not be Installed In the exterior concrete walkways. She was concerned that the potential for snow removal using salt would have a negative impact on the artwork. The credit offered in this PCO 240 is the labor credit. ($1,531.00) Wilson Engineering. Inc.—Contract 2014-32 Change Order#2-$29,298.00 Extend contract completion date from December 31, 2015 to June 30, 2016 per Article 2.1 Option for Extension. Along with this extension in time an amount equal to one-month extension in cost will be added to the contract, per Article 3.2 Monthly Extension. Landfill Lateral Expansion Phase III ASRC SKW Eskimos, In. — Contract 2014-24 Change Order #7 - $0.00 This change order has been prepared to allow for the completion of existing contracted work and potential additionally required tasks not originally identified in the contract documents. This no cost change will extend the contract date through March 31, 2016. Change Order #8 - $100,830.00 This change order has been prepared to provide the material and labor for the installation of an OSHA required fall protection system. This system was not identified in the original design and planning stages of the work. Staff has identified a manufactured system that has been designed to meet the standards and meet the fall protection requirements. CH2M Hill. Inc. — Contract 2007-22 Change Order #22 - $0.00 This change order is created to provide continued services during construction to allow for the completion of existing contracted work and potential additionally required tasks not originally identified In the contract documents. This no cost change will extend the contract date through March 31, 2016. Women's Bay Emergency Shelter Wolverine Supply. Inc. — Contract 2015-21 Change Order #11- $3,930.78 RFP 25 -RS — Change Order #9 approved a Time & Materials amount of $6,626.00 to trace neutral conductors to circuiting at the apartment and provide and install new AFCI breakers. The final cost was $6,912.73. This change order is to make up the difference. $286.73 Change Orders - December 2015 Page 2 December 2015 Change Order Report, KHS Wilson, Other Project... Page 96 of 98 AGENDA ITEM #17.6.1. RFP 27 — Provide power for CO and NO2 detector and connection between detector, timer switch, and fan/damper components required for complete operation. $1,611.19 RFP 28—Provide electrical connection from well tank pressure switch to start existing well pump when pressure drops below set point. $2,032.86 Change Orders - December 2015 Page 3 December 2015 Change Order Report, KHS Wilson, Other Project... Page 97 of 98 AGENDA ITEM #17.8.1. December 2015 Change Order Report, KHS Wilson, Other Project... Page 98 of 98 t z 019 E Q m ' 3 a t O � _ N C q s u a t 10 ,C p a m' t u a v o o E ° a E O C U V R V 0_ _ t f Z r n 7 V December 2015 Change Order Report, KHS Wilson, Other Project... Page 98 of 98 Mayor and Assembly members, Mr. Bruce Short would like his email below read during citizens comments regarding the Aton Larsen Bay Road Extension Project. His email was addressed to Jill Taylor who is an Environmental Impact Analyst with the Department of Transportation.' From: Bruce and Margaret Short rmailto:ootuks(@amaiLcoml Sent: Thursday, February 04, 2016 11:02 AM To: Bud Cassidy Subject: Fwd: Kodiak Anton Larsen Bay Road Extension Project #68420 Good morning Bud , another wet and wonderful Kodiak one ! I've written comments concerning the Anton Larsen Road extension Project. I'd like to have them heard at the Assembly meeting if this would be appropriate since the CIP is on the agenda. Without phone, and the trip in being what it is, could you tell me the best way to do thi ---------- Forwarded message --------- From: Bruce and Margaret Short <ootuks .gmail.com> Date: Thu, Feb 4, 2016 at 10:50 AM Subject: Kodiak Anton Larsen Bay Road Extension Project #68420 To: Jill.taylorna,alaska.gov Cc: Sen.Gary.Stevens(a'�,akleg.gov RRe resentative.LOulse.Stutesaakleg.gOV Hello Jill I am a full time resident in Anton Larsen Bay and have lived here 37 years. I'd like to comment on the validity of the need for this project for year round access. Though the ice has been a problem for access to the dock in the past for as much as 3 months in the winter, that situation has been radically different in recent years. The warmer weather and ocean temperatures the last 3 years have reduced the ice so that I could have accessed the dock every day of the winter. I feel this trend will probably continue. Ice does still form when fresh water, no wind and cold temperatures occur at the same time, but the ice has not gotten thick, and does not last like it used to. I think this project could be an unnecessary expensive redundancy. Funding for maintenance would be much more effective in my opinion, the mountain pass the road passes over is very vulnerable to snow drifting that has blocked access for weeks at a time in the past. If we do have cold temperatures that may preclude any accessibility offered by this project much of the time anyway. Bruce Short PO Box 4 Kodiak Kodiak Island Borough Assembly Regular Meeting Guidelines February 4, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Micheal Bates of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend 3. ROLL CALL KIBC 2.25.070.... 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 Assembly Members Frank Peterson and Rebecca Skinner who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (�F) 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. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by adding an Executive Session to review the skype interview questions that will be asked of the finalists for the Manager's position. Note: KIBC 2.30.060 (C) Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 5. APPROVAL OF MINUTES 'Regular Meeting Minutes of January 7, 2016. Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 1 tit.. MAP` iC "C 2T At at, IA; 4A t -,i Ir e wo U, 011 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Clerk's Note: Attached on M paper are comments from Mr. Bruce Short that he would like to be read into the record. 7. AWARDS AND PRESENTATIONS A. National Teen Dating Violence Awareness and Prevention Month — Mayor Friend • Accepting: Kodiak Womens Resource and Crisis Center Outreach Coordinator Lauren Humphrey B. Coast Guard Appreciation Day — Mayor Friend • Accepting: Kodiak Chamber of Commerce Director Trevor Brown 8. COMMITTEE REPORTS Continued on next page... Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 2 .� 56 �. 'z ;.a:'; _ i�LCh,i' .J"i `1 !'�: 3P+' . ''. �7$ 4%.: '*7. :. v'. ^. 1'.• _�'.� �� .A G''ei��`.� tee... .i `y7t: .'P. •i !�LYF•. ," ' }x'1 '•f � � .1 `:G. f;'F�:J�. -i e9 �� 4: ^'}F�.,•"�_ :,'1)E... 3C'Sr3 e V, •��: ., ". ,is t. � :Ry �. •ipir. �v .ie`i:, '�'..i .It;. 4r -,..'J *'d✓SA 9. PUBLIC HEARING A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. Note: At the work session of January 28 the Assembly discussed postponing this item until the end of April. Because this item has been advertised for public hearing it is suggested to have a public hearing to allow citizens to comment before moving to postpone. Recommended motion: Move to adopt Ordinance No. FY2016-12. Staff Report —Manager Cassidy. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. 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. Recommended motion: Move to postpone Ordinance No. FY2016-12 to the regular meeting of April 21, 2016. Assembly discussion focusing on postponment. ROLL CALL VOTE ON MOTION TO POSTPONE. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 3 :4! if i!{ # i,.` etjw ,p:.f1 7`% i ^ a.''•3+- c.i i?� �: •x;: L•f .; t7� I ' eS. :b� _ .�1-•.il:�'; 10 c .,. iry J in."] iY j r'tiii: a'�f ' :3L`t �t ... . >"!R'u r II'. -"Y' ,.a c`-:LimaiA^ i `.;. > 'lrAc�v . •,.yai�kj ..i,: � a'�.�. ... I' r1 .:•L c.: :'� {1 F yn'i 1_' xN:+- 5tl i•• (• �.f,IM ii. �`9. ..I .. r. 4 . o: ... - rL;s,f. �'i ��ci�, ty .... -)FKi.blC•.f c'SS i.y�: - 'li. r'}�;;: ;,-M3..�:w—• .;:r; _; ..., V.5' =ala tte,' 'I.. •'�4. '�:nf'v1{ 12. UNFINISHED BUSINESS A. RECONSIDERATION of Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. Assembly member Rohrer should be the maker of the motion. Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services to extend the contract for one year. Clerk's Note: Discussion is to focus STRICTLY on the reason to reconsider the vote. Staff Report — Deputy Clerk MacKenzie. Assembly discussion. ROLL CALL VOTE ON MOTION TO RECONSIDER. If the motion to reconsider fails, move to NEW BUSINESS If the motion to reconsider passes with a majority vote, the original motion "which is to approve a one year extension to Contract No. FY2014-26 " will be before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Staff Report — Manager Cassidy Assembly discussion ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts — None. Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 4 W Rod A Ismou -I x-1004 i 3 :]ult..1,5 V:c`, v". fi-PV. lawomua Qq. Q Ira, -Aewi! ;- ",v ft. " 4 : J. . 41-1. .: -A in-, won -11.1"Vnr lov7W.S 1 ; Rw A- 1 4 TAM w M 0 . -v - - - , '. r I .. `iii * yl . - : v-, , . a ;? . ";l 3T , *!A� , :11 AI B. Resolutions 1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Recommended motion: Move to adopt Resolution No. FY2016-26. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. D. Other Items 1. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board (Ms. Summer Blain). Recommended motion: Move to Confirm the Assembly Appointment of Ms. Summer Blain to the Monashka Bay Road Service Area Board for a seat to expire 2018. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of the Mayoral Appointment to the Kodiak Workforce Regional Advisory Council Business Management Information Technology Seat (Paul VanDyke). Recommended motion: Move to appoint Mr. Paul VanDyke to the Business Management and Information Technology seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2016. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Guidelines February 4, 2016 Page 5 40, Qi: - . . - - J I o!-' ��.) - ay? I .' ; tt lal I. v., P'it "* - ly, -) . %) 0"%A k'. fin liqyo :"4 S;lj rjl ii y,ir .A f 41, 1e K.4!si Yvc:. - Ar -it. 4�1 Announcements — Mayor Friend The next Assembly work session will be held on February 11 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for February 18 at 6:30 p.m. in the Borough Assembly Chambers. Clerk's note: Proceed with Adjournment if agenda was not amended. 16. EXECUTIVE SESSION A. Review the skype interview questions that will be asked of the finalists for the Manager's position. Recommended motion: Move to convene into executive session to review the skype interview questions that will be asked of the finalists for the Manager's position, Discussion which qualifies for executive session as a matter that would tend to defame or prejudice the character or reputation of any person. Ko A subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Clerk's Office, and Human Resource staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces no action is to be taken as a result of the executive session and announces 7. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. 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R ! ) j k § - `) L § / § < .. / \> m S £ § 5 £ & 5 \ ( ( \ g [- \ / C/ T§ � ( \ § 10 rF/§) a # .. / R @ § -i § CL Ir § ® e k k 0 m I'; z ;xj 1 1 I I .4 I ^Y - 11I y.: � ✓ ' I 1 Y rhj I'; z ;xj 1 1 I KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: oaf OH I AI Please PRINT your name Please PRINT your name I o S S ��%% Y An SiienAs- View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of February 4, 2016, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, February 18, 2016, at 6:30 p.m. in the Borough Assembly Chambers. PROCLAIMED the Month of February 2016 as Teen Dating Violence Awareness and Prevention Month. PROCLAIMED February 20, 2016 as Coast Guard Appreciation Day Applauding their Efforts in Making Kodiak and all the Navigable Waters of Alaska a Safer and Better Place to Live, Work, and Play. POSTPONED Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough to the Regular Meeting of May 5, 2016. RECONSIDERED, AMENDED and APROVED a Six Month Extension to Contract No. FY2014-26 Fisheries Analyst Consultant Services With Heather McCarty of McCarty and Associates of Juneau, Alaska. ADOPTED Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. CONFIRMED the Assembly Appointment of Ms. Summer Blain to the Monashka Bay Road Service Area Board for a Term to Expire 2018. CONFIRMED the Mayoral Appointment of Mr. Paul VanDyke to the Kodiak Workforce Regional Advisory Council Business Management Information Technology Seat for a Term to Expire December 2016. Vol. FY2016, No. 17 February 5, 2016 Kodiak Island Borough Assembly Newsletter