2018-09-20 Regular Meeting
AGENDA ITEM #12.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
land
AGENDA ITEM #12.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
19 SUBLETTING AND ASSIGNMENT
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
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AGENDA ITEM #12.B.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.A.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.A.1.
PROPOSED
MEMORANDUM OF AGREEMENT
Between
KODIAK ISLAND BOROUGH and the CITY OF KODIAK
for
BUILDING INSPECTION PROGRAM
On April 15, 1988, the Kodiak Island Borough and the City of Kodiak established a single program for the
inspection of buildings within the jurisdiction of both governments. This memorandum of agreement
(MOA) reestablishes the parameters of the shared building inspection program that serves the residents
of both jurisdictions.
Objectives
1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island
Borough.
2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island
Borough.
3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of
Kodiak.
4. To provide an economical, efficient, and effective building inspection program for residents of the
Kodiak Island Borough and the City of Kodiak.
Points of Agreement
1. The Kodiak Island Borough (hereinafter “Borough”) hereby contracts with the City of Kodiak
(hereinafter “City”) for building inspection services. Personnel aspects of the program are the
responsibility of the City, and the building official and deputy building official shall be employees of
the City.
A. This service will include the following:
(1) a full-time building official;
(2) a full-time deputy building official;
(3) typical functions associated with an operational building inspection program;
(4) administration and enforcement of Borough Code Title 15, Buildings and Construction,
including issuing permits, checking plans, performing field inspections, maintaining records
of each permit, and maintaining statistical records;
(5) records will be kept on each building permit and will include at a minimum, the following
applicable information: building permit applications, approved plans and specifications; the
as-built site plan; compaction report on engineered fills; and inspection reports on all
inspections performed; and
(6) issuance of a certificate of occupancy and/or final inspection report when construction, for
which a permit was issued, is completed. The borough assessor shall be provided with a
copy of all certificates of occupancy and/or final inspection reports on a monthly basis.
B. The Borough will supply the office space for building inspection program.
Page 1 of 6
AGENDA ITEM #13.A.1.
PROPOSED
C. The City will supply the vehicle for the building inspection program.
D. Monthly and annual reports of building permit activities will be submitted on forms agreed upon
by the Borough and the City Managers.
2. In all cases, the building official will be responsible for ensuring that all structures are in compliance
with locally adopted codes. The Borough or the City may, on a case-by-case basis, request from the
building official approval to use alternative personnel for ensuring that public construction projects
meet adopted codes. The building official may deny approval for the use of alternative personnel
based on the lack of appropriate qualifications of the personnel. All code compliance inspection
reports or similar records generated for public construction projects shall become part of the
building file maintained in the building inspection program office.
If approval is granted by the building official for the use of alternative personnel, a permit fee will
not be charged for the portion of the project inspected by the alternative personnel; however, the
value of any portion of a public construction project inspected by alternative personnel will be
included in the project owner’s portion of the permit value calculations for building inspection
program operations. If building inspection program staff perform code compliance inspections for a
public construction project, then the project will be charged the applicable building permit,
electrical permit, or plumbing permit fees, and the project or portion of the project inspected will
not be included in the permit value calculations for building inspection program operations.
The cost of the building inspection program will be split equally between the City and the Borough.
Payments by the Borough shall be made promptly upon billings submitted by the City.
3. The Borough Community Development Department will work with the City Department of Building
Safety to ensure adherence to this MOA is implemented. This MOA is not intended to replace
current day-to-day communications between staff, which are encouraged to continue. All policy
issues, whether City, Borough, or joint, will be referred to the Borough Manager and City Manager
for joint resolution.
A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A.
B. The MOA for the building fire safety inspection program for the Kodiak road system is
incorporated, in total, in this MOA and is labeled Appendix B.
4. The Borough and the City shall review and revise their respective Building Codes and maintain
identical regulations that include, but are not limited to, the following:
A. Building Code;
B. Electrical Code;
C. Plumbing Code;
D. Mechanical Code;
E. Fuel Gas Code;
F. Fire Code;
G. Ordinances providing for fire safety review and approval of plans and specifications, and the
enforcement of state fire statutes and regulations;
I. Building Valuations; and
J. Standard plans to address the common projects most often requiring engineering.
Page 2 of 6
AGENDA ITEM #13.A.1.
PROPOSED
5. The Borough shall adopt an ordinance that requires the identification of lot corners in the field prior
to commencement of construction.
6. Insurance
A. The City shall provide liability insurance. Upon request the City shall provide the Borough with
evidence of the insurance coverage in force. If the Borough should conclude that the insurance
coverage obtained by the City is inadequate to protect its interest, the Borough shall give the
City written notice of its concerns and shall request that the insurance coverage maintained by
the city be broadened or increased in certain particulars.
B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of
all subrogation claims against the other party.
C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims
or damages arising out of actions or omissions of the staff of the building inspection program
which are associated primarily with implementation of this agreement with respect to property
lying outside of the City and the City agrees to indemnify and hold harmless the Borough from
any and all uninsured claims or damages arising out of actions or omissions of the staff of the
building inspection program which are associated primarily with implementation of this
agreement with respect to property lying within the City.
7. The Borough and the City shall separately assume any legal costs associated with building inspection
program enforcement within their respective jurisdictions.
8. It is the responsibility of the building inspection program staff to initiate Borough and City building
and related code updates. All Borough and City code revisions that may affect the building
inspection program shall be provided to the building official for review and comment.
9. Standard Plans-The City and the Borough will jointly develop and pay for engineering designs for
small residential construction projects that are similar in nature that cannot be built prescriptively
under the building code. Total annual cost shall not exceed $15,000 annually, to be split evenly
between the parties. The Managers will work together to determine the plans to be developed.
10. This agreement may be terminated by either party upon ninety (90) days advance written notice to
the other party.
Term of Agreement
This agreement shall remain in effect from the date of signing until June 30, 2023.
Dated this day of , 2018
KODIAK ISLAND BOROUGH CITY OF KODIAK
Michael Powers, Borough Manager Mike Tvenge, City Manager
ATTEST: ATTEST:
Nova Javier, Borough Clerk Debra Marlar, City Clerk
Page 3 of 6
AGENDA ITEM #13.A.1.
PROPOSED
ZONING COMPLIANCE PROGRAM
Appendix A of the Building Inspection Program MOA
On March 1, 1984, the Kodiak Island Borough (Borough) and the City of Kodiak (City) established a
coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix
replaces the original Zoning Compliance MOA of 1984, and provides a procedure for the inspection of
zoning requirements through the building inspection program.
Objectives
1. To provide zoning compliance inspections in conjunction with building inspections as stated in the
points of agreement.
2. To ensure a coordinated and consistent zoning compliance inspection program.
3. To provide a specific and acceptable process that defines the responsibilities of the Borough and the
City for implementing zoning compliance inspections as a function of the building inspection
program.
Points of Agreement
1. No building permit will be issued without written zoning authorization from the Borough, except as
may be otherwise provided for in the Borough Code.
2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed
in a format mutually agreed to by the City and the Borough. The format shall include at a minimum
the following information:
A. property corner markers with identification or other acceptable markers must be in place and
available for verification of setback distances; and
B. applicant acknowledgment that the information provided on the authorization is correct, and
that the applicant agrees to comply with all ordinances and laws regulating zoning compliance.
3. The written zoning authorization will be specific in its identification of regulations that require
compliance, including any approvals or conditions specified by the Borough Planning and Zoning
Commission.
4. While conducting site inspections as part of the building inspection process, it will be the
responsibility of the Department of Building Safety staff to note all violations of the written zoning
authorization and to inform both the applicant and the Borough Community Development
Department of any violations including, but not limited to, the following:
a. setback requirements;
b. height restrictions;
c. off-street parking requirements and development standards; and
d. permitted uses.
5. In cases of confusion or conflict between the applicant and the building inspection program staff
over either the written zoning authorization or the imposition of specific zoning regulations, the
issue will be brought to the Community Development Department for resolution.
Page 4 of 6
AGENDA ITEM #13.A.1.
PROPOSED
6. In cases when there are violations of both the zoning and building codes, the Community
Development Department and Building Inspection Program staff shall engage in joint signatures on
violation letters and joint site inspections.
Page 5 of 6
AGENDA ITEM #13.A.1.
PROPOSED
FIRE SAFETY INSPECTION PROGRAM
Appendix B of the Building Inspection Program
The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated fire safety inspection
program throughout each respective jurisdiction.
Objective
To enforce State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted
pursuant to these statutes through a local fire safety program.
Points of Agreement
1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the
requirements of the fire safety program on the contiguous Kodiak road system.
2. Additional inspections requested by the Borough will be scheduled in as timely a manner as possible
by the City Fire Department.
3. The Borough shall be financially responsible for the fire safety inspection program outside the
boundaries of the City.
4. This agreement will adhere to the requirements of the City of Kodiak’s deferment from the State of
Alaska Fire Marshall and as outlined in AS 18.70 and 18.72
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AGENDA ITEM #13.A.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.A.2.
PROPOSED
MEMORANDUM OF AGREMENT
Between
KODIAK ISLAND BOROUGH and CITY OF KODIAK
for
ANIMAL CONTROL SERVICES
THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH,
hereinafter “KIB” and the CITY OF KODIAK, hereinafter “CITY,” in consideration of the mutual promises
contained herein and shall be effective July 1, 2018, as specified herein.
WHEREAS, the KIB adopted Ordinance No. 86-16-0(A) authorizing the control of animals outside
of cities for the purpose of protecting the public health and safety; and
WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island
Borough Subsection 6.04.200(C); and
WHEREAS, the CITY is willing to provide said services to the KIB.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
Section 1. DEFINITIONS.
In this contract:
A. “KIB” means the Kodiak Island Borough.
B. “Animal Code” means Chapter 6.04 of the Kodiak Island Borough Code and any amendments
thereto.
C. “Animal Shelter” means the City of Kodiak Animal Shelter.
D. “Chief Animal Control Officer” means the Kodiak Island Borough Manager or his/her designee.
E. “Complaint” means a request to the CITY for service or services.
F. “CITY” means City of Kodiak, its agents and employees.
Section 2. SCOPE OF SERVICES.
The CITY shall provide non-law enforcement personnel and resources to enforce KIB animal control and
related codes and ordinances, supplies, equipment, and a facility to perform those animal control services
set forth in this contract.
Page 1 of 6
AGENDA ITEM #13.A.2.
PROPOSED
Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S).
A.The CITY shall employ Community Service Officer(s) (CSO)/Animal Control Officer(s) (ACO)
who shall respond to complaints in the Kodiak Island Borough in the following priority: (1)
Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3)
dog bites or vicious dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7)
loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing
animal nuisance problems.
B.The CSO/ACO will patrol and respond to complaints originating within the communities of
Monashka Bay, Spruce Cape, Anton Larsen, Womans Bay, Chiniak, and Pasagshak. The
CSO/ACO will not patrol or respond to areas off the road system.
C.CSO/ACO(s) shall issue citations for subject violations of the Animal Code, participate in the
prosecution of such citations, and investigate and prepare reports regarding serious code
violations. CSO/ACO(s) shall impound stray dogs and other animals which are subject to
impoundment; when necessary, bring animals into the Animal Shelter under protective
custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary
conditions, premises where animals are kept, while responding to a complaint; administer
first aid to animals; participate in administrative hearings at the request of the Chief Animal
Control Officer; and generally assist, in a professional manner, citizens and other law
enforcement agencies who have requested help with animal problems.
D.The CITY shall provide around-the-clock, seven-days-per-week telephone answering service
to accept and record animal complaint and information calls from the public.
E.The CITY shall use its best efforts to respond in a timely manner to all complaint calls of an
emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received.
F. Patrol and non-emergency CSO/ACO response service shall be made available to the public
on a regular basis
Section 4. CARE, REDEMPTION, ADOPTION, AND DEPOSITION OF ANIMALS.
Care, redemption, adoption, and deposition of animals and hours of Animal Shelter operation shall
coincide with those established by the CITY, as a municipal government, for Animal Control operations
presently administered within the city limits. The CITY will provide the facility and furnishings, patrol
vehicles, operating supplies, and insurance.
Section 5. INSURANCE.
A. The CITY shall provide insurance coverage in the following amounts:
a. Workers’ Compensation insurance as required by AS 23.30.045 or any other applicable
statutes or regulations.
Page 2 of 6
AGENDA ITEM #13.A.2.
PROPOSED
b. General Liability insurance with a minimum of $10,000,000 per occurrence and/or
aggregate combined single limit, personal injury, bodily injury, and property damage.
c. Vehicle Liability insurance including applicable uninsured/underinsured coverage, with
limits of liability of not less than a minimum of $1,000,000 per occurrence combined
single limit bodily injury and property damage.
B. The following shall be Additional Insureds: The KIB, including all elected and appointed
officials, all employees and volunteers, all boards, commissions and/or authorities and their
board members, employees and volunteers. This coverage shall be primarily to the KIB, and
not contributing with any other insurance or similar protection available to the KIB, whether
other available coverage be primary, contributing, or excess.
C. To the extent allowed by law and subject to appropriation, KIB and City each hereby release
and agree to defend, indemnify, and hold the other party, elected and appointed officials,
employees, contractors, and volunteers harmless from and against all claims, demands,
causes of action, suits, damages, liabilities, losses, and expenses including court costs and
reasonable attorney's fees, and all loss, damage, injury, or death resulting to the indemnifying
party's property, subcontractors, or personnel, arising out of or in connection with the
services, or the performance of this agreement, whether or not such loss, damage, injury, or
death is alleged to be due to the act, omission, negligence (whether contributory, joint, or
sole) fault or strict liability of the indemnified party.
In no event shall either party be liable to the other for indirect, special, incidental or
consequential damages, including, but not limited to, loss of profits, loss of use of assets or
loss of product or facilities downtime.
D. A sixty (60) day Notice of Cancellation or Change, Non-Renewal, Reduction and/or Materials
Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this
agreement.
E. The CITY shall provide evidence of coverage, with endorsements, to the KIB at the time that
the contract is executed, as listed below:
• Certificate of Workers’ Compensation Insurance
• Certificate of General Liability Insurance
• Certificate of Vehicle Liability Insurance
F. If any of the above coverage is amended or expires during the term of the contract, the CITY
shall deliver renewal certificates and/or policies to the KIB at least ten (10) days prior to the
expiration date.
The CITY shall not commence operations under this agreement until it has obtained the
coverage required under the terms of this agreement. All coverage shall be with insurance
carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with
carriers acceptable to the KIB.
If the CITY fails to comply with the insurance requirements of this agreement, the KIB may
terminate the agreement on ten (10) days written notice. The CITY covenants to maintain all
Page 3 of 6
AGENDA ITEM #13.A.2.
PROPOSED
insurance policies required in this agreement for the period of time in which a person may
commence a civil action as prescribed by the applicable statute of limitations.
The coverage required by this agreement shall cover all claims arising in connection with the
CITY activity authorized under this agreement, whether or not asserted during the term of
this agreement and even though judicial proceedings may not be commenced until after this
agreement expires.
Section 6. LICENSING.
A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in
the KIB fee schedule.
B. The CITY shall post a public notice in the Animal Shelter lobby, as well as provide periodic
newspaper and public service announcements, stating that all dogs over three months of age
must be licensed.
C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY.
Section 7. CUSTOMER SERVICE.
The CITY will publish hours for public access to recover or adopt animals five days per week, and have
available emergency response capability to access the Animal Shelter on a twenty-four (24) hour per day
basis.
Section 8. FEE COLLECTION.
A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically
transfer the amount collected to the KIB.
B. Kodiak Island Borough may conduct a periodic audit or review of the CITY’s fee collection
process.
Section 9. CONTRACT TERM.
This contract is effective from the date of execution through June 30, 2020 and the parties may review
and renegotiate terms and costs annually.
Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT.
A. The KIB Community Development Department shall administer this contract on behalf of KIB.
B. The Kodiak City Manager shall administer this contract on behalf of the CITY.
Page 4 of 6
AGENDA ITEM #13.A.2.
PROPOSED
Section 11. NOTICES.
Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by
prepaid first class registered or certified mail, return receipt requested, to the following addresses:
KODIAK ISLAND BOROUGH CITY OF KODIAK
Borough Manager City Manager
710 Mill Bay Road #125 710 Mill Bay Road #114
Kodiak, AK 99615 Kodiak, AK 99615
Section 12. INSPECTION AND RETENTION OF RECORDS.
The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine
such records as well as any of the CITY’s records with respect to animal control matters at all times during
normal business hours and as often as KIB may deem necessary, including the City’s approved records
retention period after the termination of this contract. The CITY shall permit KIB to audit, examine, and
make copies, and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls,
records or personnel, and other data relating to any matter covered by this contract. The CITY shall
maintain all of its records pertaining to this contract for a period of not less than two years after
termination of this contract.
Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES.
A.Upon condition of satisfactory performance in all respects by the CITY and subject to the
remainder of this section, KIB shall pay the CITY a sum of $115,800.00 for year one and
$118,700 for year two. The compensation shall be paid in advance in semi-annual
installments, July 1 and January 1, and be prorated in the first year to reflect the late start of
the contract.
B.The CITY and KIB shall separately assume any legal costs associated with animal control
enforcement within their respective areas of jurisdiction.
C. The KIB shall be responsible for direct costs associated with the transportation, lodging,
feeding, and veterinarian services for animals outside the CITY that cannot be transported by
the Animal Control Officer and/or are not able to be lodged at the Kodiak Animal Shelter,
provided prior written approval has been obtained from KIB.
Section 14. AMENDMENT OR TERMINATION.
This Agreement will become effective July 1, 2018, and continue in force until June 30, 2020, except that,
in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party
upon thirty (30) days written notification to the other. The City will refund any prepaid amount within ten
days of termination, on a pro-rata basis. This Agreement may be amended by written agreement of the
parties.
Page 5 of 6
AGENDA ITEM #13.A.2.
PROPOSED
IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown
below:
CITY OF KODIAK KODIAK ISLAND BOROUGH
________________________ ___________________________
Mike Tvenge, City Manager Michael Powers, Borough Manager
ATTEST: ATTEST:
_________________________ __________________________
Debra Marlar, MMC, City Clerk Nova Javier, MMC, Borough Clerk
Page 6 of 6
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Page 1 of 2
Budget Year 2019
Animal Control Budget Worksheet
.00.00
50.00
512.00200.00500.00
3,601.003,496.001,000.001,628.003,000.003,000.003,700.005,101.00
Approved
45,184.0015,503.0010,054.0010,067.00$3,500.00$3,050.00$3,700.00$5,101.00
$49,297.00$41,748.00125,000.00
$125,200.00
2019 City Council
.00.00.00
84.57$0.00
577.02927.02927.12208.50$84.57
Amount
2,017.363,401.481,934.183,249.149,361.361,206.512,701.355,101.12
34,542.5212,909.48$2,701.35$5,101.12
$42,472.56$28,580.63125,000.00
2018 Actual $125,208.50
145 - Animal Control
140 - Police
Account DescriptionSalaries & WagesOvertimeHoliday PayAnnual LeaveSick LeaveHealth InsuranceSocial SecurityRetirement ContributionsPERS Obligation Gen FundUniformsWorkmens CompensationProfessional
ServicesAnimal Tag Admin FeeTraining & CertificationsSuppliesRepair & MaintenanceR & M VehicleImprov Other < $5000Vehicle Replace 100
100 - General Fund
Sub-Department
Department
EXPENSE
AccountFund410.100410.140410.160410.170410.180420.110420.120420.130420.131420.135420.200430.110430.170450.135450.310450.510450.550470.120470.130 Run by Karl Swanson on 09/13/2018 14:01:38
PM
AGENDA ITEM #13.A.2.
Page 2 of 2
Budget Year 2019
Animal Control Budget Worksheet
$0.00
Approved
$231,596.00$231,596.00$231,596.00$231,596.00$231,596.00
($231,596.00)($231,596.00)
2019 City Council
$0.00
Amount
2018 Actual $204,148.73$204,148.73$204,148.73$204,148.73$204,148.73
($204,148.73)($204,148.73)
Totals Totals Totals Totals
Net Grand TotalsNet Grand Totals
EXPENSE TOTALSEXPENSE TOTALS
140 - Police
EXPENSE GRAND TOTALS
REVENUE GRAND TOTALS
100 - General Fund100 - General Fund
145 - Animal Control
Department
FundFund
140 - Police
Sub-Department
Account Description
100 - General Fund
Department
EXPENSE
AccountFund Run by Karl Swanson on 09/13/2018 14:01:38 PM
AGENDA ITEM #13.A.2.
“The Humane Society of Kodiak is committed to preventing animal
cruelty, reducing the homeless and abandoned pet population, and
promoting the proper care of animals.”
AGENDA ITEM #13.A.2.
Shelter Statistics
Cc: HSK Board of Directors
Enc.
AGENDA ITEM #13.A.2.
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KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.A.3.
MEMORANDUM OF AGREEMENT
Between
KODIAK ISLAND BOROUGH and CITY OF KODIAK
for
PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES
THIS AGREEMENT is made and executed on the date and year hereinafter last specified by and
between the parties: the City of Kodiak, 710 Mill Bay Road, Kodiak, Alaska (the City) and the Kodiak
Island Borough, 710 Mill Bay Road, Kodiak, Alaska (the Borough).
PURPOSE: This agreement is to set forth the terms and conditions under which the City will be paid
by the Borough for the operation and maintenance of the Kodiak Enhanced 911 System (E-911)
including any necessary equipment upgrades.
WHEREAS: The Borough is authorized to impose an E-911 surcharge pursuant to AS 29.35.131 and
Kodiak Island Borough Resolution 95-45. Since January 1, 1996, telephone companies providing
local service have collected a monthly surcharge per local exchange access line, and more recently
also on wireless telephone accounts with local billing addresses (Resolution No. FY2018-05) and has
remitted the funds so collected to the Borough. The City has provided E-911 services for Kodiak
Island, since the inception of the system, as part of the City's public safety answering point (City
dispatch).
WHEREAS: Enhanced 911 System equipment and software is used to provide E-911 services to all
citizens with local telephone exchanges or any local 911 call. The City is responsible for the
operation and maintenance of the system. The City is also responsible for payment of monthly
preventative maintenance charges and a monthly equipment maintenance charges, in addition to a
monthly access line charge. Other operation and maintenance expenses include labor, equipment
and software.
ARTICLE I
1.Term of Agreement. This Agreement shall become effective upon execution and shall,
except as otherwise provided herein, continue in force for a period of three years.
2.Governing Law. The laws of the State of Alaska shall govern this Agreement and any suit or
legal action hereon shall be brought only in the courts of said State, in the Third Judicial
District at Kodiak Alaska.
3.Miscellaneous.
a.Relationship of Parties. Nothing herein contained shall be deemed or construed by the
parties hereto, nor by any third party, as creating the relationship of principal and agent
or of partnership or of joint venture between the parties hereto. It being understood
and agreed that neither the method of computing payment nor any other provision
contained herein, nor any act of the parties hereto, shall be deemed to create any
relationship between the parties hereto other than the relationship of the City as a
AGENDA ITEM #13.A.3.
party to the Borough for the provision of E-911 services.
b.Non-waiver. The failure of either party to insist in any one or more instances upon the
strict performance of any provision or covenant in this Agreement may not be
considered as a waiver or relinquishment for the future, but the provision or covenant
will continue in full force. The waiver by the parties of any provision or covenant in this
Agreement cannot be enforced or relied upon unless the waiver is in writing and signed
by both parties.
c.Severability. If any provision or covenant of this agreement is declared to be invalid by a
court of competent jurisdiction, the remaining covenants and provisions will continue in
full force.
d.Entire Agreement. This Agreement sets forth all the terms, conditions, and agreements
of the parties and supersedes any previous understandings or agreements regarding the
E-911 System whether oral or written. No modification or amendment of this
Agreement is effective unless in writing and signed by both the parties.
e.The City of Kodiak is liable for all claims resulting from lawsuits alleging any misuse or
lack of support of the E911 system.
f.Notice. Any notice required by this Agreement is not effective unless in writing to the
appropriate party at the address set forth in this Agreement or to any other address
which the parties subsequently designate in writing.
g.Notice of Cancellation Required. Sixty (60) days Notice of Cancellation or Change, Non-
Renewal, Reduction and/or Material Change shall be sent to: Borough Manager, 710
Mill Bay Road, Kodiak, AK 99615 and or City Manager, 710 Mill Bay Road, Room 115,
Kodiak, Alaska 99615.
ARTICLE II
In furtherance of this Agreement, the Borough shall reimburse all the amounts required under this
agreement and the City shall operate and maintain the E-911 System.
1.Management and Operation of E-911 System.
a.The Borough incurs certain expenses related to maintaining the accounting fund for
E911 surcharge revenue and expense reimbursements to the City. Such expenses
may include general liability insurance, administrative costs, etc. that are not
authorized uses for surcharge revenue per AS 29.35.131i. The Borough will provide
an invoice to the City for reimbursement of these expenses on an annual basis.
b.The City will provide an invoice, with supporting documentation, to the Borough
detailing expenses incurred for the maintenance and operation of the E911 system;
the invoice will include only those expenses incurred and allowable as described in
AS 29.35.131i. Reimbursement of allowable expenses will be made bi annually in
July and January in an amount up to the surcharges collected. Any unreimbursed
expenses from an invoice will remain as a payable due until the next payment cycle.
c.The Borough will provide to the City, annually, an income statement and balance
sheet of the fund. Any fund balance, or unspent surcharges will remain in the fund
to be used for future upgrade and/or replacement needs of the E911 system.
d.The Borough, with consultation from the City, will annually review the E911
surcharge and the related expenses to determine whether the current level of the
AGENDA ITEM #13.A.3.
surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911
system needs (per AS 29.35.131)
2.Amount of Agreement, Method and Computation of Payment
b.Upon receipt of an invoice detailing the eligible costs the Borough will remit to the
City the surcharges collected, less allowable costs. Payment will be made
annually in July and January for eligible expenses.
c.The City will provide a written report by July 31st of each year detailing the income
and expenses of the fiscal year and anticipated future needs for the Borough’s
review.
d.The Borough and the City will annually review the E911 surcharge and the related
expenses to determine whether the current level of the surcharge is adequate,
excessive, or insufficient to meet anticipated enhanced 911 system needs (per AS
29.35.131).
e.Any remaining surcharge collected by the Borough will remain in a Borough fund to
be used for future upgrades and replacement of the system and for Borough
expenses directly related to the establishment, maintenance and operation of an E-
911 system (per AS 29.35.131.i).
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands this _____ day of
_________________, 2018.
City of KodiakKodiak Island Borough
710 Mill Bay Road710 Mill Bay Road
Kodiak, AK 99615Kodiak, AK 99615
___________________________________________________________
Mike Tvenge, City ManagerMichael Powers, Borough Manager
Attest:Attest:
___________________________________________________________
Debra L. Marlar, MMC, City ClerkNova M. Javier, MMC, Borough Clerk
AGENDA ITEM #13.A.3.
AGENDA ITEM #13.A.3.
AGENDA ITEM #13.A.3.
AGENDA ITEM #13.A.3.
AGENDA ITEM #13.A.3.
AGENDA ITEM #13.D.1.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
KIBC 7.30.010
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.D.1.
MEMORANDUM
TO : Kodiak Island Borough Assembly
FROM : Nova M. Javier, MMC, Borough Clerk
DATE : September 20, 2018
RE. : Regular Municipal Election – October 2, 2018
=========================================
Pursuant to KIB 7.30.010, I respectfully request approval of the following individuals who have
volunteered to serve as election workers for the Borough’s October 2, 2018 Regular Municipal
Election.
Blue Text – verified voter registration
Revised: 09/11/2017
AGENDA ITEM #13.D.1.
Blue Text – verified voter registration
Revised: 09/11/2017
AGENDA ITEM #13.D.2.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.D.2.
KODIAK ISLAND BOROUGH
MONASHKA BAY ROAD SERVICE AREA BOARD
AGENDA ITEM #13.D.3.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 20, 2018
ASSEMBLY REGULAR MEETING
SUBJECT:
ORIGINATOR:
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #13.D.3.
Field not completed.
AGENDA ITEM #13.D.3.
Field not completed.
Field not completed.
AGENDA ITEM #13.D.3.
KODIAK ISLAND BOROUGH
ARCHITECTURAL/ENGINEERING REVIEW BOARD
BUILDING CODE BOARD OF APPEALS
-
--
STAFF:
E/F DIRECTOR, BOB TUCKER 486-9343 btucker@kodiakak.us
PROJ. MGR./INSPECTOR, MATT GANDEL 486-9211 mgandel@kodiakak.us
ENGINEERING & FACILITIES DEPARTMENT
PROJECTS OFFICE
720 EGAN WAY
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
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AGENDA ITEM #18.A.1.
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AGENDA ITEM #18.A.1.
AGENDA ITEM #18.A.1.
Kodiak Island Borough
Assembly Regular Meeting Guidelines
September 20, 2018, 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 Dave Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE — Mayor Rohrer.
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 member Skinner who is absent
due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA
Recommended motion: Move to approve the agenda.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES
None.
6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
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
4. address all remarks to the Assembly as a body and not to any member
thereof
rJ- NO PUBLIC HEARING COMMENTS AT THIS MEETING.
7. AWARDS AND PRESENTATIONS
None.
8. COMMITTEE REPORTS
9. PUBLIC HEARING
None.
10. BOROUGH MANAGER'S REPORT
Kodiak Island Borough Assembly Guidelines
September 20, 2018 Page 1
11
12.
MESSAGES FROM THE BOROUGH MAYOR
UNFINISHED BUSINESS
A. Contract No. FY2018-32 Approving a 55 -Year Lease to Fire Service Area 1
The motion is on the floor which is to "move to authorize the Manager to
execute Contract FY2018-32."
Staff recommends revising the motion on the floor to "move to authorize the
Manager to execute Contract FY2018-32 contingent upon the draft of sub-
leases to Service Area 1 for the storage of miscellaneous gear in the utility
building and on the property."
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Waiving of the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating
to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use
Ordinances with Respect to its Development of the Pacific Spaceport Complex —
Alaska.
The motion is on the floor which is to "waive the Confidentiality of the
Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska
Aerospace Corporation to Comply with Borough Land Use Ordinances with
Respect to its Development of the Pacific Spaceport Complex - Alaska."
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2019-05 Service Contract with the City of Kodiak for Building
Permit Services
Recommended Motion: Move to approve Contract No. FY2019-05 between
the Kodiak Island Borough and the City of Kodiak for the provision of
building permit and inspection services.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
September 20, 2018 Page 2
2. Contract No. FY2019-06 Service Agreement with the City of Kodiak to Provide
for Animal Control Services
Recommended Motion: Move to approve Contract No. FY2019-06 between
the Kodiak Island Borough and the City of Kodiak for the provision of
animal control services to the Borough.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
3. Contract No. FY2019-07 E911 Funding Agreement
Recommended Motion: Move to approve Contract No. FY2019-07 between
the Kodiak Island Borough and the City of Kodiak for the provision of a
telephone surcharge to be used for funding of the E911 system.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions — None.
C. Ordinances For Introduction — None.
D. Other Items
1. Approval of the October 2, 2018 Regular Municipal Election Workers
Recommended Motion: Move to appoint the election officials in each
precinct for the upcoming Municipal Election as listed in the memo
submitted by the Borough Clerk.
Staff Report — Clerk Javier.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
September 20, 2018 Page 3
14.
2. Declaring A Seat Vacant On The Monashka Bay Service Area Board (Mr. Randy
Spivey).
Recommended Motion: Move to declare the seat held by Mr. Randy Spivey
on the Monashka Bay Service Area Board for a term to expire December
2019 vacant and direct the Clerk to advertise the vacancy per Borough
Code.
Staff Report — Clerk Javier.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
3. Confirmation Of Mayoral Appointment To The Architectural Review Board (Mr.
Dennis Hunt).
Recommended Motion: Move to confirm the mayoral appointment of Mr.
Dennis Hunt to the Architectural/Engineering Review Board for a term to
expire 2019.
Staff Report — Clerk Javier.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
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
4. address all remarks to the Assembly as a body and not to any member
thereof
Kodiak Island Borough Assembly Guidelines
September 20, 2018 Page 4
15. ASSEMBLY MEMBERS' COMMENTS
Announcements
The next Assembly work session is scheduled on Thursday, September 27, 2018 at 6:30
p.m. in the School District Conference Room. The next regular meeting scheduled on
Thursday, October 4, 2018 has been cancelled.
We encourage the public to sign-up online for E -notifications to get notified once the
meeting packets are published. All meeting notices are available on the KIB website,
posted on the KIB Facebook page, and are also posted at the library, Safeway, and
Borough building. For those who do not have internet, you may call the Borough meeting
notification line at 486-9315.
The Local Municipal Absentee -In -Person voting is now available in the Clerk's Office
from 8 a.m. to 5 p.m. Monday to Friday until October 1. The Municipal Elections will be
on Tuesday, October 2, 2018. Polling hours are from 7 a.m. to 8 p.m. If you have any
questions regarding the Municipal Elections, please call the Clerk's Office at 486-9310.
16. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
Kodiak Island Borough Assembly Guidelines
September 20, 2018 Page 5
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KODIAK ISLAND BOROUGH
Meeting Type: Assembly UO)L*Vvleefo' Date: O%. U, 7,019
Please PRINT your name legibly Please PRINT your name legibly
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CA, S
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2019, No. 8 September 21, 2018
At Its Regular Meeting Of September 20, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next
Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 4, 2018, At 6:30 p.m. In The Borough Assembly
Chambers.
POSTPONED Contract No. FY2018-32 Approving A 55-Year Lease To Fire Service Area 1 To The
November 1, 2018 Regular Meeting Of The Assembly.
CONVENED Into Executive Session Regarding The Waiver Of The Privilege As It Relates To The
Borough’s Legal Strategy For Compelling Alaska Aerospace Corporation Compliance With The Borough
Land Use Ordinances Regarding The Pacific Spaceport Complex – Alaska; INVITED The Borough
Mayor, Assembly, Borough Attorney, Borough Manager, And Clerk’s Office Staff; And FAILED TO
WAIVE The Confidentiality Of The Attorney-Client Privileged Legal Opinion Relating To Compelling
Alaska Aerospace Corporation To Comply With Borough Land Use Ordinances With Respect To Its
Development Of The Pacific Spaceport Complex - Alaska.
POSTPONED Contract No. FY2019-05 Service Contract With The City Of Kodiak For Building Permit
Services To The November 1, 2018 Regular Meeting Of The Assembly.
AUTHORIZED The Manager To Execute Contract No. FY2019-06 Service Agreement With The City Of
Kodiak To Provide For Animal Control Services.
AUTHORIZED The Manager To Execute Contract No. FY2019-07 E911 Funding Agreement.
APPROVED the October 2, 2018 Regular Municipal Election Workers
DECLARED Mr. Randy Spivey’s Seat Vacant On The Monashka Bay Service Area Board And
DIRECTED The Borough Clerk To Advertise The Vacancy Per Borough Code.
CONFIRMED The Mayoral Appointment Of Mr. Dennis Hunt To The Architectural Review Board For A
Term To Expire On December 2019.