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2019-12-19 Regular Meeting 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 19, 2019, 6:30 p.m., Assembly Chambers Page 1. 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 5 - 12 A. *Regular Meeting Minutes Of December 5, 2019 2019-12-5 RM Minutes 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. Discover Kodiak Presentation, Aimee Williams, Executive Director 13 - 19 B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Presentation Regarding Notice of Public Scoping: Alaska Department of Environmental Conservation Oil Discharge Prevention and Contingency Plan Requirements. ADEC Regulatory Reform White Paper Resolution No. FY2020-19 Safeguarding Alaskas Oil Spill Page 1 of 132 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Prevention and Response Standards Additional Recommended Text C. Bayside Fire Department Chief, Chief Howard S. Rue III EFO 8. COMMITTEE REPORTS 9. PUBLIC HEARING 20 - 23 A. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts Output Document (AS - 1069) - Pdf 24 - 26 B. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund Output Document (AS - 1080) - Pdf 10. BOROUGH MANAGER'S REPORT 27 A. Borough Manager's Report For December 19, 2019 12192019 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 28 A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer Deputy Presiding Officer - Pdf 13. NEW BUSINESS 13.A. Contracts 29 - 45 1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test America for Landfill Analytical Services. Output Document (AS - 1093) - Pdf 46 - 56 2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the KIBSD Auxiliary Gymnasium Output Document (AS - 1097) - Pdf Page 2 of 132 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 57 - 64 3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the North Star Elementary Siding Phase 1 Project Output Document (AS - 1098) - Pdf 13.B. Resolutions 65 - 72 1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Borough School District for Major Maintenance and Construction Projects Output Document (AS - 1103) - Pdf 73 - 80 2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project Output Document (AS - 1104) - Pdf 13.C. Ordinances for Introduction 81 - 87 1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. Output Document (AS - 1099) - Pdf 13.D. Other Items 88 - 92 1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kodiak's Historical Salmon Fishery Letter of Support Fisheries 93 - 96 2. * Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Mahoney). Output Document (AS - 1095) - Pdf 97 - 125 3. * Confirmation Of Mayoral Appointments to the Different Boards, Committees, and Commissions. Output Document (AS - 1101) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS Page 3 of 132 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 16. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.B. Reports 126 - 132 1. November Projects Report November 2019 Projects Report Page 4 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 1 of 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 5, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on December 5, 2019 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. SCHROEDER moved to excuse Assembly members Kavanaugh and Turner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SCHROEDER moved to approve the agenda and the consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes Of November 7, 2019 were approved under consent agenda. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: Charles Barber AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly Member Skinner reported that South West Alaska Municipal Conference (SWAMC) has appointed a new director at its November 17-18, 2019 annual retreat. Assembly Member Dvorak reported on his attendance at the Solid Waste Advisory Board (SWAB) meeting of November 25, 2019 where dumpster concerns, the release of the new bear proof roll carts, baler operations, and wastewater activities were discussed. PUBLIC HEARING 1. State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (El Chicano Inc.). AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 5 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 2 of 8 DVORAK moved to voice non-protest to the State of Alaska liquor license transfer of location application for El Chicano Inc. License Number 3299. On October 22, 2019, the Kodiak Island Borough Clerk's Office received notification regarding the attached liquor license transfer of location application for El Chicano Inc. dba: El Chicano Mexican Restaurant. The application requests approval to change the current physical location from 103 Center Ave., to 402 Marine Way, Suite 100. The Clerk's Office followed KIB Code 5.01.030 New license and transfer process and processed the attached application. To summarize, the Clerk's Office checked with the different borough departments including the building official, Fire Marshal and landowners with 1,500 feet of the new location to determine if there was an interest which could be protested with the approval of the said license. The following feedback was returned as a result of the investigation: Manager's Office - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Assessing Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Building Official - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Community Development Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Engineering and Facilities Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Finance Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. Fire Marshal - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. The City of Kodiak Police Department reported 2-3 reports of trouble at this place of business in the past 12 months. The City of Kodiak has submitted their approval of the application. Community member, Nancy Sweeney returned her notice of public hearing with positive support in approving this application Notice of public hearing was advertised in the Daily Mirror on November 22, 2019 and November 29, 2019. 174 public hearing notices were sent out on November 20, 2019. There were two letters of support from Nancy Sweeney and Bob Brodi. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: None. Mayor Roberts closed the public hearing and convened the regular meeting. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 6 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 3 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. BOROUGH MANAGER’S REPORT Met with Major Mark Davis of the Salvation Army and received overview of their mission as well as a tour of the facilities, including the new food bank operation. Attended a meeting at the School District regarding the unexpected revenue the School District has received and discussed options for its use. Conducted follow up both before and after the Joint Work Session. Followed up on a complaint about trees near Shahafka Circle. Authorized removal of two leaning trees. Worked with staff on 2021 budget issues, accounts payable schedule and other Finance Department issues including the calling of numerous bonds (losing the higher rate callable bonds). Met with Engineering and Facilities staff on a variety of issues including pumps at Kodiak Fisheries Research Center (KFRC), building issues for the Borough Offices, Boiler/shop building, KFRC, Hospital and schools. Met with IBEW to conduct union negotiations and related follow up. Met with the Community Development Director regarding staffing, 2021 budget, the work plan and various duties and responsibilities. MESSAGES FROM THE BOROUGH MAYOR Reported on his attendance at the mayors summit on opioid abuse. Attended rocket launch master planning. Discussed Cook Inlet Regional Citizens Advisory Council letter regarding the election of a new member by February 2, 2020. UNFINISHED BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. ARNDT moved to postpone the election of Deputy Presiding Officer to the next Assembly regular meeting of December 19, 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Symmons, and Arndt. NEW BUSINESS Contracts 1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement. ARNDT moved to authorize the manager to execute Contract No. FY2020-09 Baler Building Fuel Tank Procurement. This contract is for procurement of a new fuel tank for the Baler Building. The existing underground storage tank was removed after a leak was discovered in August 2018, and a temporary tank is currently in place. The proposed new tank is a 4,000-gallon dual AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 7 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 4 of 8 compartment tank, with one side for building heating fuel and the other equipped with a dispensing station to fuel landfill vehicles and equipment. The contract includes fabrication of the tank and shipping to Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak 2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates. ARNDT moved to authorize the manager to execute Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates. This contract renews the contract for state lobbying services with Hickey & Associates for a period of three years, January 1, 2020 through December 31, 2023 at rate of $45,000 per year. ROLL CALL VOTE ON MOTION CARRIED: Skinner, Symmons, Arndt, Dvorak, and Schroeder. 3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. DVORAK moved to authorize the manager to execute Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include a structural analysis of the older portions of the Providence Kodiak Island Medical Center and development of a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are located in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder, and Skinner. 4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkler Piping at KFRC Tower. DVORAK moved to authorize the Borough Manager to execute Contract No. FY2020-13 with Taylor Fire Protection Services LLC in an amount not to exceed $53,097. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 8 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 5 of 8 Staff is requesting approval of this sole source contract since time is of the essence and Taylor Fire Protection Services LLC is the current provider for maintenance of the sprinkler system at this facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. Resolutions 1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. SKINNER moved to adopt Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. The amendment reflects the addition of the impound fees and the deletion of the boarding and adoption fees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak. 2. Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 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 Area. DVORAK moved to adopt Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 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 Area. This resolution will allow the Kodiak Island Borough to submit its application for the FY2020 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application is a required portion of the application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, and Schroeder. A. Ordinances For Introduction 1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. ARNDT moved to advance Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder, and Skinner. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 9 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 6 of 8 2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. ARNDT moved to advance Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. The objective of this ordinance is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent". ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. 3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. ARNDT moved to advance Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. This ordinance presents code changes necessary to utilize the Facilities Fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Symmons, and Arndt. B. Other Items 1. Releasing The Memo Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney. SKINNER moved to authorize the release of the memo regarding the process for loans or grants from the facilities fund from the Borough Attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak. 2. 2020 Kodiak Island Borough Annual Calendar. ARNDT moved to approve 2020 Kodiak Island Borough Annual Calendar. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, and Schroeder. 3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane Thompson). ARNDT moved to declare a seat on the Parks And Recreation Committee vacant, this seat is currently held by Mr. Shane Thompson and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. Mr. Thompson's seat is being vacated due to lack of attendance. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 10 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 7 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder, and Skinner. 4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George Lee). DVORAK moved to declare a seat on the Women’s Bay Service Area Board vacant, this seat is currently held by Mr. George Lee and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. Mr. George Lee’s seat is being vacated due to lack of attendance. ROLL CALL VOTE CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. CITIZENS' COMMENTS The following spoke under citizens’ comments: Jeff Stewart ASSEMBLY MEMBERS' COMMENTS Assembly Member Symmons spoke about those who serve the community by being on the different boards, committees, and commissions. Assembly Member Skinner had no comment. Assembly Member Schroeder spoke about the abandoned vehicles. Assembly Member Dvorak had no comment. Assembly Member Arndt spoke about the need to clean up the Borough roads prior to addressing the state roads. Announcements There will be a Joint Work Session with the City of Kodiak on Wednesday December 11, 2019, at 7:30 p.m. in the Library Multipurpose Room. The next Assembly work session is scheduled for Thursday, December 12, 2019, at 6:30 p.m. in the School District Conference Room The next regular meeting of the Assembly is scheduled on Thursday, December 19, 2019, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION FAILED THREE TO TWO: Dvorak, Schroeder, Skinner (Ayes); Arndt and Symmons (Noes). ADJOURNMENT AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 11 of 132 Kodiak Island Borough December 5, 2019 Assembly Regular Meeting Minutes Page 8 of 8 ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 8:04 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 5, 2019 Page 12 of 132 10/29/2019 Page 1 of 4 Public Input Needed on Alaska Department of Environmental Conservation’s Oil Spill Contingency Plan Regulation Reform Initiative Alaska Department of Environmental Conservation (ADEC) recently opened a public scoping process to solicit comments and input from stakeholders, the public, and industry on areas where Alaska oil spill regulations (18 AAC 75, Article 4) and Alaska State Statute 46.04 (AS 46.04), Oil and Hazardous Substance Pollution Control, could be streamlined. AS 46.04, the basis for oil spill regulations, contains many key laws designed to prevent oil spills and ensure that there are enough trained responders and equipment in place should prevention measures fail. For instance, AS 46.04 includes Alaska’s Oil Spill Response Planning Standard (RPS). The RPS was created after the 1989 Exxon Valdez oil spill as a direct result of the massive failure of the spill response system at that time. The RPS establishes a foundation that continues to distinguish Alaska, and particularly Prince William Sound, as having a world-class prevention, preparedness, and response system. Input from the public will be critical as ADEC seeks to modify existing regulations. While regulations can be changed by the agency that oversees them (in this case ADEC), state statutes can only be amended by the legislature. This means that ADEC will need to propose any statutory changes they would like to see during the legislative session in Juneau. Should that occur, public input to individual representatives in the House and Senate will be crucial to preventing rollback of state statutes that protect our communities, local economies, and the environment. Strong statutes and regulations are one of the main reasons why Alaska has not had a major oil spill since the Exxon Valdez disaster. The world-class oil spill prevention and response system for the Valdez Marine Terminal and associated tankers is a direct result of post-Exxon Valdez spill laws and regulations designed to protect Alaskans and our environment, as well as commercial and sport fishing, aquaculture, recreation, tourism, subsistence, and cultural interests. It is unreasonable for ADEC to claim now, after 30 profitable years of industry compliance, that the requirements are too onerous. Protecting our communities and the environment is not burdensome; it is the cost of doing business in Alaska. Reducing any perceived burden to industry by rolling back or eliminating proven oil spill prevention and response requirements transfers the risk and burden of another oil spill to the communities, citizens, and environment they were designed to protect. This initiative disregards the efforts of hundreds of Alaskans who worked tirelessly on improving regulatory requirements after the Exxon Valdez oil spill to ensure that our state would never again suffer a similar environmental disaster. Public input is needed to strongly oppose any legislative or regulatory changes that would erode oil spill prevention and response standards, increase the risk of a catastrophic spill, or demonstrate a return of the complacency on the part of the oil industry and regulators that Congress determined to be a primary cause of the Exxon Valdez oil spill. How You Can Help On October 15, 2019, ADEC published a 90-day public scoping notice to solicit input on areas of the regulations that could be streamlined or removed (to reduce burden on industry), as well as areas which could be improved. The scoping notice covers oil discharge prevention and contingency plan regulations under Article 4 of 18 AAC 75 and allows for AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 13 of 132 10/29/2019 Page 2 of 4 comments on ADEC statutory authorities relevant to contingency planning under AS 46.04. No specific regulation or statute revisions are proposed at this time, nor are there are any drafts of either to review. PWSRCAC wants to do everything possible to make sure the safeguards put in place over the past 30 years are not weakened. Industry has shown they have been able to meet or exceed current regulatory requirements and has demonstrated a commitment to the environment through safer operations. Any perceived burden to industry should be weighed against the devastation and enormous burden another major oil spill would place on the people, fish, wildlife, and environment of our region. Public input is needed to protect and retain Alaska’s strong oil spill prevention and response regulations. After the public scoping, ADEC will review the input received and put forth any potential changes, followed by a formal public comment period for those proposed changes. There is a 30-day minimum required for all state public comment periods. During the current scoping period, we encourage the public to provide input which strongly opposes any legislative or regulatory changes that would erode oil spill prevention and response standards. Also we encourage the public to insist on more than the required minimum 30- day public comment period for any proposed revisions put forth by ADEC. We must ensure that adequate time is provided to analyze proposed changes and gather input from all interested public stakeholders. This is essential to make sure proposed changes do not weaken important oil spill prevention and response measures that many people fought so hard to implement after the Exxon Valdez oil spill. Public input during the scoping process can be submitted through January 15, 2020: http://alaskadec.commentinput.com/?id=fdLgJY2gM What PWSRCAC knows about ADEC’s Regulation Reform Initiative To date, though it has been repeatedly requested, ADEC has not provided any details in writing regarding specific input they received which triggered this reform initiative or what specific aspects of the regulations are the focus of this reform. As a result, what is known is based solely on public comments made by Commissioner Jason Brune, as is reflected in the following summary. At the Resource Development Council meeting on March 21, 2019,1 Commissioner Brune reflected on Governor Mike Dunleavy’s message of Alaska being “open for business.” He then announced his initiative to review ADEC’s regulations to make sure they are “no more and no less than what the Legislature and the federal government has asked us to do.” Brune said his main focus is to ensure his department has predictable, science-based, timely, legally defensible programs within which companies can operate. Of the more than 100 regulatory packages that the Dunleavy administration has identified for elimination or significant reform, nearly half were put forth by ADEC. Regulations governing oil spill contingency plans (c-plans) have been noted by ADEC as a starting place because, according to Brune, the 50 pages of regulations governing c-plans are “getting way 1 Jason Brune at the March 21, 2019 Resource Development Council meeting. https://player.vimeo.com/video/325737727?color=ffffff “The notion that safety can be ensured in the shipping industry through self- regulation has proved false and should be abandoned as a premise for policy. Alert regulatory agencies, subject to continuous public oversight, are needed to enforce laws governing the safe shipment of oil.” - Alaska Oil Spill Commission Report (1990), The Wreck of the Exxon Valdez: Implications for Safe Transportation of Oil AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 14 of 132 10/29/2019 Page 3 of 4 too burdensome.” At the March meeting, Brune urged business people to identify for ADEC any regulations that appear unnecessary and that may not, in fact, be protecting human health and the environment. He also talked about the importance of ADEC’s mission “to conserve, improve, and protect Alaska’s natural resources and environment to enhance the health, safety, economic and social well-being of Alaskans,” repeatedly emphasizing the importance of the word “economic.” At a PWSRCAC Board meeting in May of 2019, Brune referenced the 30th anniversary of the Exxon Valdez oil spill and put forward the analogy of “safety lessons being written in blood, the same as environmental lessons are written in oil.” He went on to say that ADEC has “the responsibility to make sure that the economy of Alaska is protected and that economic development and environmental protection are not mutually exclusive.” When talking about the c-plan regulation review effort, Brune stated that he is not going to rush the process and is committed to working with the public. Additional context: What is a contingency plan? A contingency plan (c-plan) is a document which provides information and steps to be taken before, during, and after an emergency. An oil spill c-plan contains detailed information on activities and actions that will be taken to prevent and/or respond to an oil spill. Preventing an oil spill from occurring in the first place is the most effective strategy to protecting human health and the environment. If an oil spill occurs, however, it is necessary that a systematic and well- organized approach to contain, control, and clean up be planned ahead of time so it can be implemented quickly. C-plans contain information about emergency actions and notifications that must be taken in the event of a spill, as well as comprehensive information on facilities or tank vessels, response organization, and chain-of-command structures. Each plan must also contain information that demonstrates that enough equipment and personnel are available to respond and that industry considers the best technology available. Owners and operators of facilities or tank vessels are required to submit their c-plans to regulating agencies and obtain approval prior to operation. Regulators review the c- plan, and if it meets applicable laws and regulations, the plan gets approved. These plans are renewed at fixed time intervals or when there is a change in operations. Some History of ADEC’s Contingency Planning Regulations Prior to the Exxon Valdez spill, Alaska’s regulations governing oil spill c-plans did not provide for adequate prevention and response. Two weeks after the spill, Alaska Governor Steve Cowper issued an Emergency Order that noted the failures of response system covered by the tanker c-plans in Prince William Sound and his expectation for a robust new system. A team of oil industry experts, attorneys, state employees, and spill response specialists came together to solve this challenge. The oil spill response framework created after the spill - established in AS 46.04 and enhanced over time - is ultimately the product of years of hard work, critical thinking, and creative problem-solving by a group of experienced professionals and passionate stakeholders who were impacted in some way by the Exxon Valdez oil spill. Since the post-Exxon Valdez oil spill c-plan regulations were adopted in 1992, ADEC has revised them on nine occasions to address specific concerns, including the need to clarify the requirements; streamline the review process; include new categories of contingency plans; make the process of drafting plans less onerous; and expedite and improve the predictability of plan review. The current scoping process is extremely broad, covering some 60 pages of regulations and 34 sections of statutes, with no indication as to what is currently under consideration for removal or reform by ADEC. This review is coming at a time when ADEC staffing has a vacancy rate of almost 20 percent. The extra workload placed on ADEC staff to solicit and process comments received through this broad public scoping will require a significant AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 15 of 132 10/29/2019 Page 4 of 4 amount of time and effort. With limited resources, a thorough and adequate analysis of proposed changes may not occur. One of the concerns expressed about the c-plan regulations specifically is that they encompass 50 pages. While that may sound substantial on its face, with review it becomes clear that this is due to the number of types of plans covering different operations subject to these requirements. In other words, there is no “one plan fits all” for facility operations and transport methods. For example, the Alaska Legislature has established various standards for crude tankers, non- crude tankers and barges, crude oil terminals, non-crude terminals, oil and gas exploration facilities, production facilities, pipelines, railroad tank cars, etc. Also, many of the details in c-plan regulations were adopted over time to provide guidance and predictability to industry concerning its expectations for timely approval of plans and to improve the state’s ability to defend its plan approval decisions in administrative and court appeals. Many of the people involved in creating Alaska’s strong oil spill statutes and regulations after the Exxon Valdez oil spill believe that if the system were to be weakened or removed, Alaskans would face the risk of reliving an event that was devastating to the environment, economy, culture, and socio-economics of the oil spill impacted area - an event that Commissioner Brune stated he does not want to ever see happen again. AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 16 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-19 Page 1 of 2 Introduced by: Borough Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-19 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 SAFEGUARDING ALASKA’S OIL SPILL PREVENTION AND RESPONSE STANDARDS 10 11 WHEREAS, after the 1989 Exxon Valdez oil spill, Alaska citizens and the Alaska 12 Legislature worked together to protect the state from major oil spills by enacting 13 comprehensive laws and regulations dealing with prevention, response, contingency 14 planning, financial responsibility, oversight, monitoring, and other subjects related to the 15 safe handling and transportation of oil and other hazardous substances; and 16 17 WHEREAS, these laws and regulations were based on real world experiences and the painful 18 lessons of the Exxon Valdez oil spill and were crafted in coordination with State government and 19 oil industry partners, requiring extensive compromise in the determined Response Planning 20 Standards; and 21 22 WHEREAS, oil spill prevention and response contingency planning regulations were adopted by 23 the State of Alaska in 1992, and the regulations have been revised on nine occasions to clarify 24 the requirements, streamline the review process, include new categories of contingency plans, 25 and make the contingency planning process less onerous and the approval of those plans more 26 predictable and expeditious; and 27 28 WHEREAS, as a result of post-Exxon Valdez oil spill laws and regulations, Alaska has world-29 class oil spill prevention and response requirements to protect its people and its environment, as 30 well as commercial and sport fishing, aquaculture, recreation, tourism, subsistence, and cultural 31 interests; and 32 33 WHEREAS, on October 15, 2019, the State of Alaska’s Department of Environmental 34 Conservation Commissioner issued a public scoping notice seeking input on existing regulations 35 and statutes because he has "heard from many Alaskans that contingency plans are 36 unnecessarily burdensome while lacking corresponding environmental benefits,” and that his 37 Department has identified regulations that can be eliminated or significantly reformed; and 38 39 WHEREAS, despite repeated requests, the Alaska Department of Environmental Conservation 40 has yet to provide information on the areas of the statutes or regulations that have been identified 41 as too burdensome, or that could be eliminated or significantly reformed; and 42 43 Version 1 AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 17 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-19 Page 2 of 2 WHEREAS, it is unreasonable for the Department of Environmental Conservation to claim now, 44 after 30 profitable years of industry compliance with the laws and regulations, that the 45 requirements are too burdensome, and this claim disregards the hard work of hundreds of 46 Alaskans who worked tirelessly after the Exxon Valdez oil spill to ensure that the State of Alaska 47 would never again suffer an environmental disaster like what occurred in 1989; and 48 49 WHEREAS, reducing the burden on industry by rolling back or eliminating proven oil spill 50 prevention and response requirements transfers the risk and burden of another oil spill to the 51 communities, citizens, and environment; and 52 53 WHEREAS, The Assembly of the Kodiak Island Borough has an interest in protecting our 54 community’s social, environmental, and economic wellbeing from any future oil spills. 55 56 NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND 57 BOROUGH stands strongly against any legislative or regulatory changes that erode oil spill 58 prevention and response standards, increasing the risk of a catastrophic spill; and 59 60 BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 believes that, if the system created after the 1989 spill is weakened, Alaskans will likely face an 62 increased risk of reliving another major oil spill that could damage Alaska’s commercial, sport and 63 subsistence fishing, sport and subsistence hunting, other businesses, fish, wildlife, environment, 64 and the culture and quality of life of the people; and 65 66 BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 requests that the State of Alaska provide information on the statutes and regulations the 68 Department has already claimed can be eliminated or significantly reformed. 69 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS __________ DAY OF _______________, 201X. 73 74 KODIAK ISLAND BOROUGH ATTEST: 75 76 77 ___________________________ ___________________________ 78 William Roberts, Mayor Tara Welinsky, Clerk 79 80 VOTES: 81 Ayes: 82 Noes: 83 84 AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 18 of 132 CIRCAC has provided the following as some suggested additional language: WHEREAS, on December 6, 2019, Commissioner Jason Brunecommitted to the Cook Inlet Regional Citizens Advisory Council Board of Directors a transparent public review and consultation process; WHEREAS, the Commissioner further informed the Board that the Department has no desire to whatsoever to roll back the environmental protections in place and that preparedness and protection are vital; NOW THEREFORE BE IT RESOLVED, that, (XX) firmlysupports Alaska’s existing Oil Spill Response Planning Standards and rigorous regulatory oversight; BE IT FURTHER RESOLVED, that (XX) believes thatAlaska’s Oil Spill Response Planning Standards warrant the state’s continued, unqualified support and enactment; BE IT FURTHER RESOLVED, that (XX) strongly recommends that Alaskans interested in maintaining safety standards designed to protect the state’s environment, people, and economy from catastrophic oil spills contact the Alaska Department of Environmental Conservation to urge continued support of Alaska’s Oil Spill Response Planning Standards. AGENDA ITEM #7.B. Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) - Pre...Page 19 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2020-11 the Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. DISCUSSION: All resources to collect and locate valid addresses to the delinquent tax accounts have been exhausted by the Borough staff. In 2015 vessel taxes within the Kodiak Island Borough were no longer assessed, 24 vessel accounts went uncollected. Department staff has compiled the following personal, mobile home and lease property accounts as noncollectable for various reasons. It is the desire of staff to have the Kodiak Island Borough's accounts to be current and properly reflect the financial status of the Borough in accordance with Generally Accepted Accounting Principles. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. Base Tax Total $34,660.83 Penalties and Interest $11,407.32 Miscellaneous Fees $2,455.22 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 20 of 132 Property ID Geo ID Owner Name Legal Description Base Tax Fees Penalties and Interest Total Due LEASE 23269 R5312800605 AMOOK NATIVE LAND LLC T31S R28W TL 602 LT 5, 6, 7, TR A & SW1/4 NE1/4 1629.60 234.47 1,727.38 3,591.45 MOBILE HOMES 21118 R7385010010 KATELNIKOFF JOAN USS 3218 TR V-1 SP 31 REZANOF MHP 3968.27 123.50 2,980.95 7,072.72 20797 R7315060006 NORTON ROBERT USS 3066AB BK 6 LT 1 SP 6 COVE MHP 555.50 15.70 94.43 665.63 PERSONAL PROPERTY 13339 P5B04000017 BOYLE GARY TUNDRA PLUMBING & HEATING INC 1019.71 67.30 372.83 1,459.84 24265 P2B17000001 DRUMMOND BRUCE FROM START TO FINISH 376.18 15.70 15.96 407.84 23624 P1B13000005 GARCIA ETAL, ALFREDO SPARROW'S RESTAURANT 1843.60 56.30 760.85 2,660.75 10259 P1B00845000 GLOBAL SEAFOODS OF AMERICA LLC GLOBAL SEAFOODS OF AMERICA LLC 17719.24 0.00 1,949.12 19,668.36 13897 P7B07000014 LYMAN JOHN BRONWYN NORTHERN WELDING & REPAIR 151.25 79.30 114.13 344.68 24388 P1B18000015 MARTIN MICHELLE S DOWNTOWN HARBOR VIEW 718.26 15.70 18.31 752.27 23625 P9B13000001 UNITEMP MECHANICAL INSULATION, LLC UNITEMP MECHANICAL INSULATION, LLC 3311.50 43.80 1,010.70 4,366.00 VESSELS 23572 P1V13000002 ABALAMA ARLISS 538089 VIXEN 97.5 79.30 63.90 240.70 23327 P5V12000003 ABALAMA RONALD 622765 RRRRR 165.3 89.55 117.04 371.89 24025 P5V15000003 ASHOWAK LAWRENCE 532264 CHRISTI 39.9 56.30 22.04 118.24 12468 P1V02000033 BERESTOFF ANDY 546379 LUBA MARIE 165.3 89.55 117.04 371.89 13681 P5V84000163 CARLSEN DENNIS 538199 CARLSEN POINT 315.2 133.05 308.16 756.41 13730 P5V95000156 CHRISTIANSEN FRED 545882 MISS HOLLY 252.06 30.05 174.30 456.41 12293 P1V00033650 CHRISTIANSEN MILES 953424 AWTAM 86.1 67.30 53.30 206.70 12595 P1V05000008 CHRISTIANSEN VICTORIA 260202 CHISIK ISLAND 20.31 30.05 0.00 50.36 12788 P1V90000117 COLE JAMES 596846 CEDRIC 101.05 67.30 61.10 229.45 23312 P1V12000001 FLETCHER RYAN 926697 VINDSAGA 43 56.30 25.37 124.67 22855 P1V21000021 KASPRZAK DARIUS 243950 MARONA 223.45 98.55 170.15 492.15 23019 P5V11000040 KODIAK PARADISE LODGE ADF&G 71423 KEKUR POINT 97.5 79.30 63.90 240.70 23020 P5V11000041 KODIAK PARADISE LODGE KODIAK PARADISE LODGE 97.5 79.30 63.90 240.70 12475 P1V02000040 LARA TONY 1115615 LAZY BAY 334.75 104.30 219.39 658.44 12886 P1V92000877 MAY ROBERT 580398 TINA MARIE 104 79.30 68.16 251.46 23592 P1V13000022 NELSON ROBERT 569304 ELIZABETH TAYLOR 191.75 79.30 125.67 396.72 12903 P1V93000779 SIMEONOFF, JOHN 581438 KIMBERLY ANN 117 79.30 76.68 272.98 22991 P5V11000014 SQUARTSOFF HERMAN ACCESSORY VESSEL 97.5 79.30 63.90 240.70 23324 P5V12000002 SQUARTSOFF MELVIN 1118851 LETO POINT 97.5 79.30 63.90 240.70 12366 P1V00559725 STORM FORCE FISHERIES, INC 612657 CASTLE CAPE 48 56.30 28.32 132.62 12412 P1V01000006 THOMAS BRIAN 945243 BEARFOX 110.5 79.30 72.42 262.22 22852 P1V21000018 VOSGIEN NICOLE 966669 SILVER FOX 49.5 56.30 26.55 132.35 12952 P1V96000116 WILD ISLAND, INC 679775 WILD ISLAND 446.90 98.55 340.30 885.75 24022 P1V15000001 WILD ISLAND, INC 946138 WILD WIND 66.15 56.30 37.17 159.62 TOTAL AMOUNTS 34,660.83$ 2,455.22$ 11,407.32$ 48,523.37$ AGENDA ITEM #9.A.Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 21 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-11 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH WRITING OFF 10 THE PERSONAL PROPERTY AND VESSEL DELINQUENT TAXES, PENALTIES, INTEREST 11 AND FEES OF THOSE NONCOLLECTABLE TAX ACCOUNTS. 12 13 14 WHEREAS, it is the desire of staff to have the Kodiak Island Borough’s accounts to be current 15 and properly reflect the financial status of the Borough in accordance with Generally Accepted 16 Accounting Principles; and 17 18 WHEREAS, Part of the routine practice to bring the accounts current in compliance with Generally 19 Accepted Accounting Principles includes classifying and writing off as uncollectible those 20 accounts determined to be uncollectible; and 21 22 WHEREAS, the Kodiak Island Borough Code does not identify a specific method for writing off 23 delinquent accounts determined to be uncollectible; and 24 25 WHEREAS, the Kodiak Island Borough Assembly has previously requested that accounts to be 26 written off be identified and the write-off of the accounts be approved by the Assembly by 27 ordinance; and 28 29 WHEREAS, the Kodiak Island Borough ceased assessment of vessel taxes in the Borough in 30 2015, and 24 vessel tax accounts from prior to that time remain uncollected and are believed to 31 be uncollectable; and 32 33 WHEREAS, staff has compiled seven personal, two mobile home and one lease property tax 34 account(s) which have been determined to be uncollectable for various reasons; and 35 36 WHEREAS, all resources to collect and locate valid addresses to the delinquent tax accounts 37 identified for write off have been exhausted by staff; and 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH THAT, 41 42 Section 1: The Borough Assembly approves this ordinance to write off $48,523.37 in the fiscal 43 year 2020 for 24 delinquent vessels, seven personal, two mobile homes and one lease tax 44 AGENDA ITEM #9.A. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 22 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-11 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 account(s) per the attached schedule A, which is incorporated herein by reference, and which 45 accounts have been determined to be uncollectable. 46 47 Base Tax Total $34,660.83 48 Penalties and Interest Total $11,407.32 49 Miscellaneous Fees Total $2,455.22 50 51 Section 2: This ordinance is NOT of permanent nature and shall NOT become a part of the 52 Kodiak Island Borough Code of Ordinances. 53 54 Effective Date: This ordinance takes effect upon adoption. 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS __________ DAY OF _______________, 2019. 58 59 KODIAK ISLAND BOROUGH ATTEST: 60 61 62 ___________________________ ___________________________ 63 William Roberts, Mayor Tara Welinsky, Clerk 64 65 VOTES: 66 Ayes: 67 Noes: 68 AGENDA ITEM #9.A. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property an...Page 23 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to adopt Ordinance No. FY2020-13. DISCUSSION: Objective of the Ordinance that is being created with the staff and Scott is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent" ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 24 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-13 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Assembly Member Arndt 1 Drafted by: Assembly Member Arndt 2 Introduced on: 12/05/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE 11 CHAPTER 3.10 PUBLIC FINANCE – MANAGEMENT AND ACCOUNTING SECTION 3.10.120 12 FACILITIES FUND 13 14 WHEREAS, there is established a permanent fund for facilities in the Kodiak Island Borough to 15 provide revenue for future buildings; and 16 17 WHEREAS, revenue derived from this fund will be used to stabilize and reduce the property taxes 18 in the Kodiak Island Borough ; and 19 20 WHEREAS, the governor vetoed 50% of the school debt reimbursement from the state; and 21 22 WHEREAS, this creates a financial hardship on the taxpayers of Kodiak 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 28 Kodiak Island Borough Code of Ordinances. 29 30 Section 2: That section 3.10.120 of the Kodiak Island Borough Code of Ordinances is amended 31 to read as follows: 32 33 Chapter 3.10 34 PUBLIC FINANCE – MANAGEMENT AND ACCOUNTING 35 … 36 37 3.10.120 Facilities fund. 38 39 A. The facilities fund is established as a separate special revenue fund which is distinct from all 40 other funds. The fund consists of all proceeds received from the sale of Shuyak Island property 41 to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the 42 fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. 43 Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of 44 the fund as a whole and subject to the regulations of the facilities fund. 45 Version 1 AGENDA ITEM #9.B. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 25 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-13 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 46 B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be 47 appropriated or spent, except as provided in this section. The earnings or principal shall at no 48 time run or supplement the running of government except as specified in this section. 49 50 C. Repealed by Ord. FY2008-08. 51 52 D. The excess income of the fund is defined as 85 percent of the annual investment income from 53 the fund. The excess income of the fund is available for appropriation by the assembly in the fiscal 54 year following the year in which the income is earned. The excess income of the fund may be 55 appropriated only for the following purposes: 56 57 1. Maintenance and repair of existing borough facilities; 58 59 2. Insurance paid by the borough for borough buildings; 60 61 3. Upgrade and reconstruction of existing facilities; or 62 63 4. Debt service on general obligation bonds issued for facilities construction – up to 50 100 percent 64 of excess may be used for this purpose. 65 66 E. A portion of the fund may be appropriated for another purpose only upon approval of an 67 ordinance ratified by a two-thirds majority of the qualified voters at a regular or special election. 68 [Ord. FY2008-08 §4, 2007; Ord. 96-13 §2, 1996; Ord. 94-17 §2, 1994. Formerly §3.04.051]. 69 70 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 71 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS __________ DAY OF _______________, 2020. 75 76 KODIAK ISLAND BOROUGH ATTEST: 77 78 79 ___________________________ ___________________________ 80 William Roberts, Mayor Tara Welinsky, Clerk 81 82 VOTES: 83 Ayes: 84 Noes: 85 AGENDA ITEM #9.B. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.1...Page 26 of 132 Manager’s Report Michael Powers December 19, 2019 Activities Met the new Alaska Waste Manager for Kodiak. We had a good discussion regarding implementation of the new contract and the transition on roll carts as well as additional locations for dumpsters. Now if the bears would only respect those boundaries. Followed up on removal of 2 trees identified as potential problems. Removal of trees, including slash, completed. Assisted Bayside Fire for their Annual Dinner. Met with local, state and federal officials regarding Saltery trail project. Worked on recipient, administration and timing. Met with staff and conversed with the Borough Attorney on several personnel matters. Met with KIBSD, staff and architect on various school projects including the Auxiliary Gym. Met with Department Heads regarding upcoming budgets. Worked on timeline and near-term actions with the Finance Director. Talked with Jana Turvey, Leisnoi, regarding “17B” easements. Attended Agenda Setting and worked through upcoming agendas and other issues. Reviewed Governor’s Budget and discussed impacts with our lobbyist and KIBSD. For the Borough, the two main issues are the continued decline of the state shared fisheries tax and school bond debt reimbursement. Upcoming Borough Employee Potluck is December 20 from Noon to 2. Offices will be closed during that time. The Borough Offices will be closed on December 24 & December 25, 2019. Borough Offices will be closed on January 1, 2020. SWAMC March 5-6 AGENDA ITEM #10.A. Borough Manager's Report For December 19, 2019 Page 27 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer ORIGINATOR: Tara Welinsky RECOMMENDATION: Move to nominate ______ as Deputy Presiding Officer. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.30 Rules Of The Assembly Chapter 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly’s pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. [Ord. FY2017-26 §2, 2017; Ord. FY2005-07 §5, 2004; Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.040]. AGENDA ITEM #12.A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the ...Page 28 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test America for Landfill Analytical Services. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to Approve Contract FY 2020-12 with Test America Kodiak Island Borough Facilities Landfill Analytical Services Contract DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager’s Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for laboratory services provided to Kodiak Island Borough Landfill. These services include sampling that is required for various permits and Alaska state regulations. Samples must be analyzed at a laboratory that is certified by ADEC or an approved National Environmental Laboratory Accreditation Program (NELAP) certified laboratory. Approved laboratories have established that they have the ability to implement a quality control program in accordance with the appropriate federal or state regulations or statutes. The Landfill Analytical Services Contract is currently with ARS Analytica which is due to expire December 31, 2019. The Kodiak Island Borough Engineering & Facilities Department (KIB EF Dept.) went out to bid for a new Landfill Analytical Services Contract on October 4, 2019 and was open/advertised until November 1, 2019. During that time, we only received two full bid packages; one from Eurofins d/b/a Test America and one from SGS North America, which are both certified/approved laboratories. Eurofins total bid came to $250,623.00 for the entire 4-year contract. SGS North America total bid came to $375,100.00 for the entire 4-year contract. KIB EF Dept. reviewed both bids with JACOBS (CH2M Hill) consultants to make sure both bids were complete and addressed our compliance needs with ADEC. This contract is scheduled to begin on January 1, 2020. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 29 of 132 CONTRACTOR BASE BID: 2020 BASE BID: 2021 BASE BID: 2021 BASE BID:2021 ALL 4 Years TestAmerica - Eurofins 63,174.50$ 62,137.00$ 63,174.50$ 62,137.00$ 250,623.00$ SGS Enviornmental 94,555.00$ 92,995.00$ 94,555.00$ 92,995.00$ 375,100.00$ Matt Gandel & Patricia Valerio were both present at the bid opening. This bid tabulation is unofficial until KIB staff have had a chance to review and verify the bid documents submitted by the apparent low bidder, and a contract receives administrative or Assembly approval. Bid Tabulation - Landfill Analytical Services Contract Kodiak Island Borough Bid Opening: 11/1/19 - 3:00 PM AGENDA ITEM #13.A.1.Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 30 of 132 aKodiakIslandBorough—LandfillAnalyticalServicesContract2019IMPORTANTBIDDERREGISTRATIONFORM0Inordertoreceiveaddendaandanyotherinformationwhichmayimpactthebidtimeorquantities,biddershallfilloutthecontactinformationbelowandreturntotheKodiakIslandBorough.CompletionoftheBidderRegistrationFormismandatorytobeconsidered.ONLYREGISTEREDBIDDERSWILLRECEIVENOTIFICATIONS.Bidder’sContactInformationNameofCompany:ContactName:StreetAddress:SGSNorthAmerica,Inc.CharlesHomestead200WestPotterDrive,CharlesHomestead2019,10.04—‘10:06:35-0800’City,State,Zip:.PhoneNumberAnchorage,Alaska99518(907)562-2343FaxNumber:(907)562-0119Email:___________Returnthisformviacharles.homesteadsgs.comDavidConrad,DirectorEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,Alaska99615-6398Phone:(907)486-9343Fax:(907)486-9394dconrad(äkodiakak.usMattGandel,ProjectManagerEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,Alaska99615-6398Phone:(907)486-9343Fax:(907)486-9394mgandeIkodiakak.usANDpleasecopyPatriciaValerio,Secretary,anydocuments.PatriciaValerio,SecretaryEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,AK99615Phone:(907)486-9343pvaIerio(äkodiakak.usonanycommunicationorsubmissionofENDOFBIDDERREGISTRATIONFORMre&cI,ocqrifax,email,regularmail,orhanddeliveredtothefollowinglocation:AGENDA ITEM #13.A.1.Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 31 of 132 RequestForBidKodiakIslandBoroughFacilitiesLandfillAnalyticalServicesContractGENERALANDADDENDAACKNOWLEDGEMENTSNAMEOFANALYTICALLABORATORYSGSNorthAmericamc,AlaskaADDRESS200WestPotterDrive,Anchorage,AK99518TotheBoroughManageroftheKodiakIslandBorough:TheUndersignedproposestofurnishanddeliverKodiakIslandBoroughLandfillAnalyticalServicesaccordingtothecontractdocumentsthereforeandfortheamountandpricesnamedhereinasindicatedontheBidSchedulehereincontainedwhichismadeapadofthisProposal.TheUndersigneddeclarestheonlypersonorpartiesinterestedintheproposalasprincipalsarethosenamedherein;andtheproposalismadewithoutcollusionwithanyperson,firmorcorporation;thathe/shehascarefullyexaminedtheProjectRequirements;andthathe/shehasmadeapersonalexaminationofthesiteoftheworkandthatheistofurnishalllabor,suppliesandequipmentspecifiedinthemannerandthetimeprescribed.TheUndersignedherebyagreestoexecutealldocumentsrequiredwithin10daysorsuchfurthertimeasmaybeallowedinwritingbytheBoroughManagerafterreceivingwrittennotificationoftheIntenttoAward,anditisherebymutuallyunderstoodandagreedthatincasewedonot,thesaidBoroughManagermayproceedtoawardthecontracttoothers.WrittenNoticeofIntenttoAwardwillbemailed,orotherwisefurnished,withinfifteen(15)calendardaysafteropeningofbids.Weherebyagreetocommencetheworkwithinten(10)daysafterreceiptoftheNoticetoProceed,orsuchfurthertimeasmaybeallowedinwritingbytheBoroughManagerandtobecompletedinaccordancewiththefinalcompletiondeadlineofcontract.TheUndersignedproposestoguaranteetheservicesasmaybeprovidedbytheContractDocuments.TheUndersignedacknowledgesreceiptofthefollowingaddendaand/orspecifications(Givenumberanddateofeach.Ifnotreceived,writeintheword‘NONE”).ADDENDADATEISSUEDADDENDADATEISSUEDkddancltnnIims_______________________Signature:____________________________Date:_____________________17AGENDA ITEM #13.A.1.Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 32 of 132 L&/9./0241KodiakIsland2020202120222023TATinSamplecalendar20202020Unit2020Total20212021Unit2021Total20222022Unit2022Total20232023Unit2023TotalAnalysisMethodMatrixdaysSamplesPriceMethodCostSamplesPriceMethodCostSamplesPriceMethodCostSamplesPriceMethodCastSurtaceWaterMonitoring-Semi-AnnualVolatileOrganicCompoundsSW8260BorCWater2128$128.00$3,584.0028$128.00$3,584.0028$128.00$3,584.0028$128.00$3,584.00GasolineRangeOrganicsAK101Water2128$52.00$1456.0028$52.00S1,456.0028$52.00$1,456.0028$52.00$1,456.00Diesel/ResidualRangeOrganicsAK1O2/103Water2124$56.00$1,344.0024$56.00$1,344.0024$56.00$1,344.0024$56.00$1,344.00PolynuclearAromaticHydrocarbonsSW8270CorD(orSIM)Water2124$128.00$3,072.0024$128.00$3,072.0024$128.00$3,072.0024$128.00$3,072.00TotalMetals(Ag,As,Ba,Be,Cd,Co,Cr,Cu,Fe,Mn,Ni,Pb,Sb,Se,TI,V,andZn)SW6020/E200.8Water2124$180.00$4,320.0024$180.00$4,320.0024$180.00$4,320.0024$180.00$4,320.00HardnessE130.1orSM24OBWater2124$36.00$864.0024$36.00$864.0024$36.00$864.0024$36.00$864.00AmmoniaE35o.1,E350.2,orE350.3Water2124$28.00$672.0024$28.00$672.0024$28.00$672.0024$28.00$672.00BiochemicalOxygenDemand5-daySM521OBWater2124$100.00$2,400.0024$100.00$__2.400.Oo24$100.00$2,400.0024S100.00$2,400.00ChemicalOxygenDemandSMS22ODWater2124$44.00$1,056.0024$44.00$1,056.0024$44.00$1,056.0024S44.00$1,056.00NitrateE353orSM4500-NO3EWater2124$50.00$1,200.0024$50.00$1,200.0024$50.00$1,200.0024$50.00$1,200.00TotalKjeldahlNitrogenE351.2Water2124$56.00$1,344.0024$56.00$1,344.0024$56.00$1,344.0024S56.00$1,344.00TotalDissolvedSolidsSM2540CWater2124$28.00$672.0024$28.00S672.0024$28.00$672.0024528.00$672.00StormWaterMonitoring-Annualo-Terpineol,BenzoicAcid,p-Cresol,PhenolE625Water211$285.00$285.001$285.00$285.001$285.00$285.001$285.00$285.00TotalMetals(Fe,Zn)5W6020/E200.8Water211$56.00$56.001$56.00$56.001$56.00$56.001$56.00$56.00AmmoniaE350.1,E350.2,orE350.3Water211$28.00$28.001$28.00$28.001$28.00$28.001$28.00$28.00BiochemicalOxygenDemand5-daySM521OBWater211$100.00$100.001$100,00$100.001$100.00$100.001$100.00$100.00PH5M4500-H-BWater211$28.00$28.001$28.00$28.001$28.00$28.001$28.00$28.00TotalSuspendedSolidsSM25400Water211$28.00$28.001$28.00$28,001$28.00$28.001$28.00$28.00LeachateTreatmentPlantComplianceMonitoring-Quarterlyo-Terpineol,BenzoicAcid,p-Cresol,PhenolE625Water215$285.00$1,425.005$285.00$1,425,005$285.00$1,425.005$285.00$1,425.00TotalMetals(Ag,As,Be,Cd,Cr,Cu,Ni,Pb,Sb,Se,TI,andZn)SW6020/E200.8Water215$176.00$880.005$176.00$880.005$176.00$880.005$176.00$880.00WholeEffluentToxicityEPA-821-R-02-012Water212NB2NB2NB2NBTotalMercuryE245.1Water215$36.00$180.005$36.00$180.005$36.00$180.005$36.00$180.00HexavalentChromiumE218.6Water215$75.00$375.005$75.00$375.005$75.00$375.005$75.00$375.00pHSM4500-H-BWater215$28.00$140.005$28.00$140.005$28.00$140.005$28.00$140.00AmmoniaE350.1,E350.2,orE350.3Water215$28.00$140.005$28.00$140.005$28.00$140.005$28.00$140.00BiochemicalOxygenDemand5-daySM521OBWater215$100.00$500.00$100.00$500.005$100.00$500.005$100.00$500.00NitrateE353or5M4500-NO3EWater215$50.00$250.005$50.00$250.005$50.00$250.005$50.00$250.00TotalSuspendedSolidsSM2540DWater215$28.00$140.005$28.00$140.005$28.00$140.005$28.00$140.00LeachateTreatmentPlantOperationMonitoring-Weekly--AmmoniaE35o.1,E350.2,orE3SO.3Water21104S28.00$2,912.00104$28.00$2,912.00104S28.00$2,912.00104$28.00$2,912.00TotalPhosphorus5M4500P-E/SM4500P-BWater21104540.00$4,160.00104$40.00$4,160.00104S40.00$4,160.00104$40.00$4,160.00OrthophosphateE365.3Water2110475.00$7,800.00104$75.00$7,800.00104$75.00$7,800.00104$75.00$7,800.00BiochemicalOxygenDemand5-daySM52IOBWater21104$100.00$10,400.00104$100.00$10,400.00104$100.00$10,400.00104$100.00$10,400.00ChemicalOxygenDemand5M5220DWater21104$44.00$4,576.00104$44.00$4,576.00104$44.00$4,576.00104$44.00$4,576.00NitrateandNitriteE353orSM4500-NO3EWater21104$24.00$2,496.00104$24.0052,496.00104$24.00$2,496.00104-$24.00$2,496,00TotalVolatileSuspendedSolids5M2540EWater2152$80.00$4,160.0052$80.00$4,160.0052$80.00$4,160.0052$80.00S4,160.00AlkalinitySM2320BorE310.1Water21104$28.00$2,912.00104$28.00S2,912.00104$28.00$2,912.00104528.00$2,912.00TotalMetals(Ca,Mg,Fe,Mn,Zn)SW60201E200.8Water21104$116.00$12,064.00104$116.00$12,064.00104$116.00$12,064.00104$116.00$12,064.00ChemicalOxygenDemand(filtered)SM5220DWater21104$60.00$6,240.00104$60.00$6,240.00104$60.00$6,240.00104$60.00$6,240.00TotalKjeldahlNitrogenE351.2Water21104$56.00$5,824.00104$56.00$5,824.00104$56.00$5,824.00104$56.00$5,824.00TotalSuspendedSolidsSM2540CWater21104$28.00$2,912.00104$28.00$2.91200104$28.00$2,912.00104$28.00$2,912.00LeachateTreatmentPlantOperationMonitoring-BiannualAsbestosE100.2Water211$440.00$440.00440.00$440.00Pesticides/PCBsE608Water211$300.00$300.00300.00$300.002,3,7,8-TODD61613Water211$375.00$375.00375.00$375.00VolatileOrganicCompoundsE624Water211$160.00$160.00$160.00$160.00Semi-volatileOrganicCompoundsE625Water211$285.00$285.00285.00$285.002020Total$94,555.002021Total$92,995.002022Total$94,555.002023Total$92,995.00QuickTATMultipliers24hourresults,standardpackage100%72hourresults,standardpackage75%5businessdaypackage50%10businessdaypackage40%t5’5%nler,taAGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 33 of 132 aKodiakIslandBorough—LandfillAnalyticalServicesContract2019IMPORTANTBIDDERREGISTRATIONFORM0Inordertoreceiveaddendaandanyotherinformationwhichmayimpactthebidtimeorquantities,biddershallfilloutthecontactinformationbelowandreturntotheKodiakIslandBorough.CompletionoftheBidderRegistrationFormismandatorytobeconsidered.ONLYREGISTEREDBIDDERSWILLRECEIVENOTIFICATIONS.Bidder’sContactInformationNameofCompany:TestAmericaLaboratories,Inc.(dlbla)EurofinsTestAmericaContactName:CindyPritchard,ProposalManagerStreetAddress:2417BondStreetCity,State,Zip:UniversityPark,IL60484PhoneNumber:708-746-0046FaxNumber:Email:cindy.pritchard©testamericainc.comReturnthisformviafax,email,regularmail,orDavidConrad,DirectorEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,Alaska99615-6398Phone:(907)486-9343Fax:(907)486-9394dconrad@kodiakak.ushanddeliveredtothefollowinglocation:MattGandel,ProjectManagerEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,Alaska99615-6398Phone:(907)486-9343Fax:(907)486-9394mgandel(dkodiakak.usANDpleasecopyPatriciaValerio,Secretary,anydocuments.PatriciaValerio,SecretaryEngineeringandFacilitiesDepartmentKodiakIslandBorough710MillBayRoadKodiak,AK99615Phone:(907)486-9343pvalerio(kodiakak.usonanycommunicationorsubmissionofENDOFBIDDERREGISTRATIONFORM(t@Jc@AGENDA ITEM #13.A.1.Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 34 of 132 Safe and Environmentally Responsible Waste Management (per sample fee)Additional Method for Surface Water MonitoringPlease see detailed notes in proposalNot all methods available on the above rush TAT, please confirm with labAGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 35 of 132 Eurofins TestAmerica 4955 Yarrow Street T l 303.736.0100 Arvada, CO 80002-4517 www.TestAmericaInc.com October 30, 2019 Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615-6398 RE: Request for Proposal Analytical Services Contract Dear Borough Manager: Kodiak Island Borough (KIB) is looking for a laboratory to provide sample collection and analytical laboratory services for the Facilities Landfill Analytical Services Contract. This provides monitoring environmental compliance for various permits required for various Alaska state regulations and to provide information and assistance with the operation of the Leachate Treatment Plant (LTP). The laboratory needs to provide exceptional quality, expertise and reliability, at the greatest value. We recommend using a laboratory with a successful history of teaming with clients to provide services in a timely, cost-effective manner. Eurofins TestAmerica has extensive experience supporting landfill monitoring programs. We will employ a customized solution to meet your regulatory needs, data quality objectives and project schedule. We offer KIB the following benefits. A dedicated Project Manager with the convenience of a single point of contact Alaska certified laboratories as well as DoD accreditations Deliverables to meet KIB’s project needs and a firm commitment to deliver high quality and compliant data, on time and according to your project specifications Experienced fully trained laboratory staff Extensive experience providing long-term analytical support on similar Landfill and LTP projects TotalAccess, our secure online data site, will provide you with real-time project status and access to analytical results, EDDs, invoices, etc. TotalAccess is available to you 24 hours a day at no cost. Eurofins TestAmerica proposes our Denver facility as the lead lab for KIB’s Analytical Services Contract, with support from our Seattle, Sacramento and Corvallis facilities. Eurofins TestAmerica offers KIB our unwavering commitment and extensive resources in support of your program. We are backed with a solid business foundation, financial strength and stability that have enabled us to create value for our customers through world-class service and environmental leadership. We have the capability, capacity and resources to support KIB’s analytical testing needs. We are ready to support your project and eager to demonstrate that commitment to provide high quality analytical data and excellent customer service. AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 36 of 132 Eurofins TestAmerica 4955 Yarrow Street T l 303.736.0100 Arvada, CO 80002-4517 www.TestAmericaInc.com We acknowledge receipt of Addendum 1. Signed forms, Bid Schedule and additional requested documentation are provided below as Attachments. Thank you for the opportunity to submit this response for Analytical Services Contract. We look forward to working with KIB to help ensure the success of your analytical program. Sincerely, Brett Vandelinder Manager of Client Relations AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 37 of 132 Our Commitment: Providing Quality Analytical Services Response to: Request for Proposal Analytical Services Contract Prepared For: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, AK 99615-6398 Prepared By: Eurofins TestAmerica 4955 Yarrow Street Arvada, CO 80002-4517 Eurofins TestAmerica Quote #: 28020036 Point of Contact: Kathy Kreps Phone: 253.248.4964 Email: kathy.kreps@testamericainc.com AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 38 of 132 Response to Kodiak Island Borough Analytical Services Contract Table of Contents Eurofins TestAmerica Approach.................................................................................. 5 Project Management ..................................................................................................... 5 Clarifications/Project Details ........................................................................................ 5 Accreditations ............................................................................................................... 5 Quality ............................................................................................................................ 7 Deliverables ................................................................................................................... 7 TotalAccess® ................................................................................................................ 8 Turnaround Time ........................................................................................................... 8 Sampling and Shipping Containers ............................................................................. 8 Experience ..................................................................................................................... 9 Attachments Appendix D – Bid Schedule Non-Collusion Affidavit Corporate Acknowledgement General and Addenda Acknowledgements Alaska Business License Laboratory Certification/Accreditations Laboratory Quality Assurance Manual Sample Report DL/LOD/LOQ AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 39 of 132 Response to Kodiak Island Borough Analytical Services Contract Eurofins TestAmerica Approach Eurofins TestAmerica Denver will provide primary analytical and logistical support. The Denver laboratory has been one of the premier environmental laboratories in the United states for more than 30 years. The Denver lab will be supported by our Seattle laboratory providing Method 6020A LL analysis; Sacramento Laboratory providing Method 1613B; Corvallis laboratory providing Whole Effluent Toxicity Testing; Eurofins CEI, Inc. will provide Asbestos analysis by 100.2. Project Management Efficient and effective project management is of prime importance to the successful execution of any contract. In our experience, it is the key to building lasting client relationships. Eurofins TestAmerica’s approach focuses on the Project Manager (PM). The PM’s role is to provide a single point-of-contact communication link between KIB and Eurofins TestAmerica. Supported by a team of experienced laboratory managers working together to plan, coordinate, integrate and monitor project activities, our PM’s responsibility is to ensure that we meet your technical and contractual requirements and accomplish your analytical goals. We are most successful when Eurofins TestAmerica’s PM can be involved as a virtual member of your project team; in dialogue from initial contact until data is reported, and available to answer questions or provide additional information after project completion. Clarifications/Project Details Accreditations: Eurofins TestAmerica holds DoD ELAP for all methods, except those listed below. We hold Alaska DEC accreditation for all methods available. We have provided copies of our DoD ELAP and Alaska DEC Lab Accreditations. Eurofins TestAmerica Denver holds NELAP Certification for Hardness by Method SM2340B and alpha-Terpineol by Method 625, but not DoD ELAP. Eurofins TestAmerica will subcontract Asbestos by Method 100.2 to Eurofins CEI, Inc. They hold NELAP accreditation through New York, but neither DoD ELAP nor Alaska DEC accreditation. Whole Effluent Toxicity: Details below, for using lab water as dilution water. These methods are neither DoD ELAP nor AK DEC accredited: Freshwater Tests Method Test Design Daphnid – Chronic (surv.& reproduction) Ceriodaphnia dubia EPA-821-R-02-013, Method 1002.0 3 broods (~ 7-day), 5 concentration definitive Fathead minnow – Chronic (survival & growth) (Pimephales promelas) EPA-821-R-02-013, Method 1000.0 7-day, 5 concentration definitive Whole Effluent Testing requires a longer turnaround time, a minimum of 28 days. AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 40 of 132 Response to Kodiak Island Borough Analytical Services Contract Methods: In order to use methods that we carry DoD ELAP accreditation for, we are offering the following method substitutions. COD by EPA 410.4 in place of SM 5220D Hexavalent Chromium by SW7196A n place of EPA 218.6 Nitrate by EPA 300.0 in place of E353 or SM4500-NO3E Total Phosphate by EPA 365.1 in place of S4500P-E/SM4500P-B Orthophosphate by EPA 300.0 in place of EPA 365.3 Total Volatile Solids by EPA 160.4 in place of SM2540E Limits: Eurofins TestAmerica achieves the limits listed in Table 3: Effluent Limits and Monitoring Requirements from the Kodiak Landfill LTP Monitoring QAPP. Eurofins TestAmerica achieves the limits listed Appendix B-1 of the Kodiak Island Borough Landfill Surface Water Monitoring Plan with our LOQ or LOD, with the following exceptions: Analyte CAS Method Surface Well Standards Units ETA LOQ ETA LOD ETA DL Alternate method 1,2-Dibromo-3-chloropropane 96-12-8 8260B 0.2 ug/L 5 1.6 0.47 8011 1,2-Dibromoethane; EDB 106-93-4 8260B 0.075 ug/L 1 0.4 0.18 8011 1,1,2,2-Tetrachloroethane 79-34-5 8260B 0.76 ug/L 1 0.8 0.21 none 1,2,3-Trichloropropane 96-18-4 8260B 0.0075 ug/L 3 0.8 0.33 8011 Optional Alternate Method: We have included the alternate method 8011 in our quote as an optional method. Limits are also provided in our limits table supplied with this proposal. With this method we meet the limits above for EDB and 1,2-Dibromo-3-chloropropane with our LOQ, but only meet 1,2,3- Trichloropropane limit with our MDL. Note on Orthophosphate: The EPA Method Update Rule, effective June 18, 2012, requires that samples analyzed for orthophosphate for compliance monitoring under the Clean Water Act be filtered within 15 minutes of collection. This requirement can be found in Table II - Required Containers, Preservation Techniques, and Holding Times, 40 CFR Part 136. In addition, the rule clarifies the purpose of the immediate filtration requirement, which is to assess the dissolved available form of orthophosphorus (i.e., that portion which passes through a 0.45-micron filter), footnote 24 under Table II. If samples are not filtered within 15 minutes of collection, the results may have a high bias as solid particulates dissolve. Please inform the Denver laboratory if you are not able to filter the sample within 15 minutes of collection, so that we may describe this situation in the case narrative. AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 41 of 132 Response to Kodiak Island Borough Analytical Services Contract Eurofins TestAmerica will provide a kit containing a sterile bottle, syringe, and filter. These supplies are available at a cost of $10.00 per kit. Cost of kit is not included in unit cost pricing. Quality Eurofins TestAmerica is committed to providing the highest quality data in the environmental testing industry. To ensure that our data meets KIB’s requirements and complies with all regulations, we maintain a quality system that is clear, effective, well communicated and supported at all levels of the organization. Our quality system is compliant with NELAC and all proposed laboratories hold NELAC accreditation. We designed our quality system to minimize systemic error, encourage constructive, documented problem solving and provide a framework for continuous improvement. Our corporate quality manual defines our business policies, management practices, and laboratory operations for quality control, quality assessment and quality improvement. Supervised by our Corporate Quality Vice President, Eurofins TestAmerica’s quality program and culture of quality is a product of our organizational design, comprehensive training programs, and industry leading systems of checks and balances. Quality Assurance Manual Each Eurofins TestAmerica laboratory has a Quality Assurance Manual that defines the overall policies, organization objectives and functional responsibilities for achieving Eurofins TestAmerica’s data quality goals. Each Eurofins TestAmerica facility maintains a local perspective in its scope of services and client relations and maintains a national perspective in terms of quality. We have provided a copy of the Denver Quality Assurance Manual in the Attachments. DoD QSM To successfully execute projects, a comprehensive understanding of the Department of Defense (DoD) Quality System Manual (QSM) 5.0 is essential to both the prime contractor and the laboratory. Eurofins TestAmerica offers knowledgeable quality assurance and project managers at each of our DoD approved laboratories. Our staff has extensive experience with DoD QSM 5.0. Deliverables Eurofins TestAmerica produces data deliverables that are compliant with the respective federal, state and project requirements. Eurofins TestAmerica will provide various types of data reports, based on your project’s needs. Our laboratories provide data results in your selected electronic format directly from our proprietary Laboratory Information Management System (LIMS). The EDD programs extract the data from the same LIMS database libraries, as those used to create the report. Reports and electronic deliverables from any location, or deliverables that include data from multiple Eurofins TestAmerica locations, will be consistent and seamless. Our staff of dedicated AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 42 of 132 Response to Kodiak Island Borough Analytical Services Contract IT professionals focuses exclusively on the delivery of data via electronic means to accommodate hundreds of client custom data management systems. We have provided an example our analytical report for your review. TotalAccess® TotalAccess makes it easy for KIB to manage all aspects of your project, 24 hours a day, seven days a week, all in one place. KIB authorized personnel, with individual levels of security, can log on to the password-protected site and retrieve the information you need, when you need it. Key features of TotalAccess include: Instant, Real Time Data Access Complete Document Management Library, online access and download of project documentation including invoices, reports, EDDs, and COCs, contacts for each site or program Instant notification of project status including results, electronic deliverables, and other documents generated by Eurofins TestAmerica Point and Click Downloads of Project Files User Customized Data Reporting Functionality Automated Comparison Against Hundreds of Regulatory Lists Data Relationship and Trending Wizard Analytical Budget Management TotalAccess provides clients with access to services that enable faster communications, rapid access to data, and a centralized repository for all project information. TotalAccess can be a key to an organized, well communicated project. Turnaround Time We know that receiving timely analytical data will keep KIB’s project on schedule and on budget. Eurofins TestAmerica commits to meeting your turnaround times. The standard turnaround time for the analytical results will be 21 business days. We calculate the turnaround time from the date of acceptable sample receipt by the laboratory to the date we provide the final report. We do not consider nationally recognized holidays, as well as Saturdays and Sundays, as business days. We request that KIB coordinate all rush turnaround time requests with your Project Manager. Sampling and Shipping Containers Eurofins TestAmerica will provide KIB all the necessary sample containers, preservatives, supplies and instructions corresponding to the requested analyses. We obtain all sample containers from reputable manufacturers and meet all USEPA specifications. Our cost estimate includes the costs of the customized sample kits. AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 43 of 132 Response to Kodiak Island Borough Analytical Services Contract The sample kits include sample containers, packing material and coolers and are delivered to the requested KIB location by ground transportation. A minimum of five business days’ advance notice is requested to allow sufficient time to achieve timely delivery. We stock our organized kits with properly preserved sample containers. We will provide KIB clean coolers with Chain of Custody documents and sampling instructions. LIMS Integrates the order: Our Laboratory Information Management System (LIMS) integrates the bottle order and project management modules. LIMS allows your Project Manager to Quickly generate bottle orders that match your established project methods Provide you an inventory of bottles included in each order Temperature Control: We include temperature blanks to allow us to record the cooler temperature on sample receipt. Experience Eurofins TestAmerica supports thousands of commercial and government projects each year, with regulatory oversight by Federal EPA, state environmental agencies and may local government entities. Eurofins TestAmerica facilities, quality systems and equipment, personnel and experience to successfully meet turnaround times and support this program into the future. Some examples of our past performance are shown below: Waste Management - 210 sites in 27 States Eurofins TestAmerica Denver’s primary responsibility is to provide analytical full service analytical testing services in support of groundwater monitoring, surface water, and leachate regulatory monitoring requirements. Other supported analyses include waste characterization, soil analyses, and other environmental analytical services as requested by Waste Management to satisfy often complex environmental risk management objectives. Analyses include Volatiles, Metals, Wet Chemistry, Semivolatiles, Pesticides, PCBs, Herbicides, Carbamates, Dioxins/Furans, Radiochemistry, TCLP/RCRA testing, and GC analyses. Multiple reporting formats are provided, including hard copy, multiple EDDs required for statistical and corporate databases, and state forms. Clean Harbors’ sites located in Utah, Louisiana, Missouri, Colorado, Texas Oklahoma and Kansas Eurofins TestAmerica Denver is responsible for providing analytical services as requested to support Clean Harbors’ landfill sites under RCRA Subtitle C&D, NPDES and groundwater monitoring projects under the CWA, and hazardous waste site investigations under RCRA and CERCLA. Analyses provided on a regular basis include Volatile Organics, Semivolatile Organics, Pesticides, PCBs, Herbicides, Metals, and various General Chemistry parameters. Eurofins TestAmerica Denver provides both certificate and expanded report deliverables, depending on the specific Clean Harbors' site and state regulation requirements. Electronic deliverables (EDDs) are also provided for the majority of Clean AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 44 of 132 Response to Kodiak Island Borough Analytical Services Contract Harbors' clients. In addition, Clean Harbors can access results and project information via our Internet site, TotalAccess. TotalAccess allows Clean Harbors secure 24/7 access to sample results, data reports, EDDs, invoices, and other project information. In Closing Eurofins TestAmerica views every individual project as another opportunity to prove ourselves to our clients. We commit to building KIB’s loyalty through seamless, high quality environmental testing services. We have several competitive advantages that make us the right fit for KIB, including our commitment to Open communication Ethical behavior Quality analytical services Cooperative resolution of technological, analytical and service challenges Eurofins TestAmerica will work with KIB as a partner to help ensure the success of this analytical program and to support KIB’s relationship with your clients. AGENDA ITEM #13.A.1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test A...Page 45 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Change Order No. 5 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the KIBSD Auxiliary Gymnasium ORIGINATOR: Matt Gandel RECOMMENDATION: Authorize the Manager to Execute Change Order No. 5 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $50,884. DISCUSSION: Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority states that a change order greater than five percent of approved contract amount or $50,000, whichever is lower, requires Assembly approval. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the KIBSD Auxiliary Gym project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD is going to manage the design and construction process for this project, but will be paying for the design costs through the Borough's term contract with Jensen Yorba Wall. ALTERNATIVES: FISCAL IMPACT: This design work will be paid for by KIB and reimbursed by KIBSD using their available fund balance as discussed at the Joint Work Session on November 26, 2019. The total cost for this change order is $50,884. The total estimated reimbursable amount is $60,000, including the design fee and KIB staff time. OTHER INFORMATION: AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 46 of 132 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 TERM CONTRACT CHANGE ORDER Project Name: Project Number: KIBSD Auxiliary Gym TBD Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2019-10 Change Order No.: 05 Original Project Budget: $ 60,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 156,841.00 Adjusted Project Budget: $ 0.00 This Change: $ 50,884.00 To-Date Project Expenses: $ 0.00 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 207,725.00 Current Remaining Project Budget: $ 60,000.00 Description of Change Cost Provide design and construction administration services for the KIBSD Auxiliary Gym project per the proposal dated December 12, 2019. Design fee to be lump sum; construction administration be time and materials. All fees for this work are being reimbursed by KIBSD. $ 50,884.00 The time provided for completion of the contract is ( unchanged) (increased) (decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 47 of 132 Jensen Yorba Wall Architecture Interior Design Construction Management page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 • • o o o o o o • o o o o • AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 48 of 132 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 49 of 132 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 50 of 132 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 51 of 132 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 52 of 132 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Mechanical & Electrical Engineers December 11, 2019 Jensen Yorba Wall 522 W. 10th Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: Kodiak High School Auxiliary Gym Mechanical and Electrical Design Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on the following assumptions: • The project will consist of a renovation of the existing storage space at the high school into an Auxiliary Gym. • We will provide two design submittals, 95% Construction Documents, and 100% Bid Documents. We will use the drawings issued in November 2011 for the Auxiliary Gymnasium as the basis of design for the project. The drawings will be updated to comply with current code requirements and to include changes to the project area that were made in the HS renovation project. • Mechanical design will include new plumbing and exhaust air ductwork for the toilet rooms; new supply and return air ductwork for the existing roof mounted air handling unit and rain leader modifications for structural upgrades. The new supply air ductwork will be designed to be fabric ductwork similar to existing HS Gymnasium ductwork. • Electrical Design will include renovations to power distribution in the project area and new lighting. The new lighting design will use the owner furnished LED fixtures as basis of design. • Fire alarm and sprinkler systems modifications will be performance specified to be designed and installed by the successful bidding fire alarm and sprinkler subcontractors. Exclusions: • Construction Administration services are not included in this fee proposal. We will provide a separate proposal for Construction Administration services on this project. • Commissioning services, LEED services, and cost estimation services are not included in our proposal at this time. If these services are desired in the future, we propose to negotiate costs for the work at that time. RSA proposes the following lump sum fee for design services on this this project: Task Mechanical Electrical 95% Construction Documents $2,770.00 $1,840.00 100% Construction Documents $1,110.00 $1,100.00 Design Subtotals: $3,880.00 $2,940.00 GRAND TOTAL: $6,820.00 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 53 of 132 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Mechanical & Electrical Engineers December 11, 2019 Jensen Yorba Wall 522 W. 10th Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: Kodiak High School Auxiliary Gym Mechanical and Electrical Construction Administration Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on the following assumptions: • We will provide bid and construction administration services for the renovation of the existing storage space at the high school into an Auxiliary Gym. We understand the project delivery method will be design-bid-build. • Bid phase services include preparation of addenda material and responding to bidder questions. • In Office Construction Administration (C/A) services include submittal review, DCVR review/response, review of operation and maintenance manuals and preparation of record drawings based upon contractor generated redline mark-ups. • On-site Construction phase services include 1 mechanical and 1 electrical inspections. Exclusions: • Travel delays are not included in our fee for site visits outside of Anchorage. Travel delays will be billed up to 8 hours per day of actual time including reimbursable expenses incurred. • Design Phase services are not included in this fee proposal. We will provide a separate proposal for Design services on this project. • Commissioning services, LEED services, and cost estimation services are not included in our proposal at this time. If these services are desired in the future, we propose to negotiate costs for the work at that time. RSA proposes the following time and expenses construction administration fee estimate for this project: Task Mechanical Electrical Bid Phase Services $360.00 $300.00 In-Office C/A $2,560.00 $2,520.00 Site Inspections $2,160.00 $1,800.00 C/A Subtotal: $5,080.00 $4,620.00 Reimbursable Expenses: $1,053.00 GRAND TOTAL: $10,753.00 AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 54 of 132 December 11, 2019 Page 2 of 3 Please review and advise if this proposal is acceptable by signing below and returning a copy to our office as our notice to proceed. We have attached a copy of our Standard Terms and Conditions to provide guidelines for contractual issues in the absence of a formal contract for this project. We look forward to working with you on this project. Sincerely, Brian Pekar, P.E. Associate Principal Engineer bpp/hhm 19-0584/P19-386 Attachment Accepted for Jensen Yorba Wall AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 55 of 132 December 11, 2019 Page 3 of 3 RSA Engineering, Inc – Standard Terms and Conditions This document is intended to provide guidelines for contractual issues in the absence of a contract supplied by our client. Performance: RSA Engineering, Inc., herein known as RSA and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied, are made with respect to RSA’s performance, unless agreed in writing. RSA is not a guarantor of the project to which its services are directed, and responsibility is limited to work performed for the client. RSA is not responsible for acts and omissions of the client, nor for third parties not under its direct control. RSA shall not be liable for any reason for any special, indirect or consequential damages including loss of use and/or loss of profit. RSA may rely upon information supplied by the client engaging RSA and its contractors or its consultants without independent verifications. Ownership of Documents: Documents prepared under this agreement are Instruments of Service for the sole use and benefit of the Owner. RSA retains a property interest in the work products including rights to copy and reuse. RSA grants the Owner a perpetual and non-transferrable license to reproduce the Instruments of Service for their intended use, including the right to reproduce for construction, upkeep, operation and maintenance. RSA will incur no liability from the unauthorized use or modification of the Instruments of Service for other than their original purpose without RSA’s written permission. RSA’s signatures, professional seals and dates shall be removed from the Instruments of Service when these documents are used for other than their intended purposes. Governing Law: This contract shall be governed by the laws of the State of Alaska, and any lawsuits brought thereon shall be filed at the Judicial District Court in Anchorage, Alaska. Insurance: RSA maintains errors and omission insurance (claims made basis), commercial general liability insurance, automobile liability insurance and workers compensation and employer’s liability insurance for employees performing work under this contract. Indemnity: RSA shall indemnify, defend and hold the client, agents and employees harmless from and against any and all claims, demands, suits, liability of any nature under this agreement resulting from negligent acts, errors or omissions of RSA, RSA’s officers, agents, and subconsultants who are directly responsible to RSA. RSA is not required to indemnify, defend or hold harmless the client for a claim of, or liability for, independent negligent acts, errors, or omissions of the client. If there is a claim of, or liability for, a joint negligent act, error or omission of RSA and the Client, the indemnification, defense and hold harmless obligation of this agreement shall be apportioned on a comparative fault basis. Dispute Resolution: Prior to initiating court action, RSA and the client shall in good faith seek to settle or resolve the controversy by submitting the matter to mediation in Anchorage, Alaska. Such notice shall be within the statutory time limit for commencing a legal action involving the controversy. The independent third party Mediator will be selected by mutual consent of both Parties from a list of available members of the American Arbitration Association. If the parties do no resolve a dispute through mediation, binding dispute resolution shall be through litigation in a court of competent jurisdiction in Anchorage, AK. Proposals: Proposals expire 90 days after submission to a client unless a different expiration limit is included in the proposal. RSA may withdraw or modify a proposal at any time prior to acceptance by the client. Payments: Payments for RSA Services shall be made after client’s approval of RSA submission and invoice. Client shall review and approve each submission and invoice and shall pay the invoice amount within 30 days (or other agreed upon timetable) of approval. If the owner does not approve a submission it shall be returned to RSA for revision. Invoicing: RSA will invoice on a monthly basis. All invoices shall be due and payable upon receipt. Interest charges of 1.5% per month may be assessed for unpaid balances beyond 120 days past due unless other arrangements are made. In the event billing is on a pay when paid basis, RSA and the client agree to six months past due prior to assessing interest charges unless other arrangements are made. It is agreed that in the event of failure of the client to make payments in compliance with this agreement, RSA, at its option, may terminate all services in connection with this agreement. Termination: This contract may be terminated by either party upon 30 days written notice, should the other party fail to substantially perform in accordance with the terms and conditions herein. In the event of termination the consultant shall be paid compensation for services actually performed and for reimbursable expenses actually incurred. RSA reserves the right to complete analysis and records as are necessary to put files in order, and were considered by us necessary to protect our professional reputation. AGENDA ITEM #13.A.2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Enginee...Page 56 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Change Order No. 6 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the North Star Elementary Siding Phase 1 Project ORIGINATOR: Matt Gandel RECOMMENDATION: Authorize the Manager to Execute Change Order No. 6 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $53,031. DISCUSSION: Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority states that a change order greater than five percent of approved contract amount or $50,000, whichever is lower, requires Assembly approval. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the North Star Elementary Siding Phase 1 project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD will be providing funding for this project through their available fund balance. KIB is going to manage the design and construction process. The scope of this project is removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994, and has started experiencing deterioration and failure particularly around the gym. The siding and windows around the whole school are also experiencing deterioration, but due to schedule concerns Phase 1 of this project is focused on completing the gym exterior in summer 2020. This design change order includes schematic level design and a cost estimate for replacing siding and/or windows around the balance of school which would be con sidered Phase 2. Phase 2 work would occur in summer 2021 at the earliest. ALTERNATIVES: FISCAL IMPACT: KIBSD is providing the funding for this project using their available fund balance as discussed at the Joint Work Session on November 26, 2019. The total cost for this change order is $53,031. The total project cost for both phases is $502,039. OTHER INFORMATION: AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 57 of 132 Jensen Yorba Wall Architecture Interior Design Construction Management page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 o o o o o AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 58 of 132 AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 59 of 132 AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 60 of 132 AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 61 of 132 AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 62 of 132 AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 63 of 132 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 TERM CONTRACT CHANGE ORDER Project Name: Project Number: North Star Elementary Siding TBD Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2019-10 Change Order No.: 06 Original Project Budget: $ 502,039.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 207,725.00 Adjusted Project Budget: $ 0.00 This Change: $ 53,031.00 To-Date Project Expenses: $ 0.00 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 260,756.00 Current Remaining Project Budget: $ 502,039.00 Description of Change Cost Provide design and construction administration services for Phase 1 of the North Star Elementary Siding project, and schematic level design for Phase 2 per the proposal dated December 12, 2019. Design fee to be lump sum; construction administration be time and materials. Funds for this project are being provided by KIBSD. $ 53,031.00 The time provided for completion of the contract is ( unchanged) (increased) (decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #13.A.3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Enginee...Page 64 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Borough School District for Major Maintenance and Construction Projects ORIGINATOR: Michael Powers RECOMMENDATION: Approve Resolution No. FY2020-17 for the MOA for Major Maintenance and Construction Projects DISCUSSION: The Assembly and School Board met to discuss the excess revenue available in the School District budget. It was proposed that the School District would undertake a number of major maintenance and construction projects and that the Borough would undertake the Northstar Siding project (covered in a separate agenda item and documents). This action by the Assembly and the School District will result in compliance with State Law regarding school major maintenance and construction projects and allow the school to undertake the follwoing projects: 1. Auxiliary Gym Enhancement Project$300,000 2. Main Elementary Roof Enhancement Project$160,000 3. Auditorium Enhancement Project$200,000 4. Elementary Network Enhancement Project$800,000 5. School Security Enhancement Project$184,000 6. Exterior School Security Enhancement Project$114,921 7. Urban Playground Equipment Enhancement Project$120,000 ALTERNATIVES: Decline to approve the MOA FISCAL IMPACT: The improvements will offset future Borough costs. There will be a small, but unknown amount of staff time associated with the creation and execution of the Agreement. OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 65 of 132 MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING CERTAIN FISCAL YEAR 2020 MAJOR MAINTENANCE AND CONSTRUCTION PROJECTS FOR THE SCHOOL DISTRICT R E C I T A L S WHEREAS, AS 14.14.060(f) provides that the Borough Assembly, through the Borough Manager, shall provide for all major rehabilitation, construction, and major repair of school buildings; and WHEREAS, AS 14.14.060(i) provides that Borough Assembly and the Borough School Board may reallocate the duties imposed under AS 14.14.060(f) by agreement between the Borough Assembly and Borough School Board; and WHEREAS, the Kodiak Island Borough School District has identified certain major maintenance projects it desires to initiate during FY 2020; and WHEREAS, the Kodiak Island Borough School District has funds available from its FY 2020 operating budget which it desires to encumber or expend on certain major maintenance capital projects; and WHEREAS, the Assembly and the School Board recognize that the major maintenance projects identified by the School District, as defined below are appropriate and desirable; and WHEREAS, the Assembly and the School Board desire to alter the responsibilities in AS 14.14.060(f) such that the Borough School District shall be responsible for major rehabilitation, construction, and major repair of school buildings with respect to the projects listed below: 1. Auxiliary Gym Enhancement Project $300,000 2. Main Elementary Roof Enhancement Project $160,000 3. Auditorium Enhancement Project $200,000 4. Elementary Network Enhancement Project $800,000 5. School Security Enhancement Project $184,000 6. Exterior School Security Enhancement Project $114,921 7. Urban Playground Equipment Enhancement Project $120,000 The Borough shall retain the responsibility under AS 14.14.060(f) for all projects not listed. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PURPOSE: This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak Island Borough (Borough) agrees to authorize the Kodiak Island Borough School District (District) to manage all aspects for major rehabilitation, construction, and major repair of school buildings with respect to the improvements listed below: 1. Auxiliary Gym Enhancement Project $300,000 AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 66 of 132 2. Main Elementary Roof Enhancement Project $160,000 3. Auditorium Enhancement Project $200,000 4. Elementary Network Enhancement Project $800,000 5. School Security Enhancement Project $184,000 6. Exterior School Security Enhancement Project $114,921 7. Urban Playground Equipment Enhancement Project $120,000 SECTION 2. TITLE OF PROJECTS: The seven (7) projects listed in Section 1 above shall be collectively referred to as “Various School Enhancement Projects.” SECTION 3. AGREEMENT EFFECTIVE DATE: This Agreement shall be effective upon: execution of this Agreement by the Manager of the Borough and the Superintendent of the District; SECTION 4. AGREEMENT TERMINATION DATE: This Agreement shall be terminated upon completion of the Various School Enhancement Projects. If any project comes in over available funding, the project can be terminated. SECTION 5. LIMITATIONS ON SCOPE: The parties recognize that the Borough has the authority and duty to provide for all major rehabilitation, construction, and major repair of school buildings, but that the Borough Assembly and the Borough School Board may reallocate the duties imposed under AS 14.14.060(f) by this Agreement. Further the parties desire that such delegation of authority and duty be given to the District for the Various School Enhancement Projects for the School District. This delegation is strictly limited to the projects identified above, and that the division of the responsibility and authority for all other major rehabilitation, construction and major repair projects will remain as provided in AS 14.14.060. SECTION 6. RESPONSIBILITIES OF BOROUGH: The Borough shall: 1. Cooperate with the District concerning approvals required by the Architectural and Engineering Review Board; and 2. Cooperate with the District concerning the submission of any required reports or documentation regarding the projects. SECTION 7. RESPONSIBILITIES OF THE DISTRICT: The District shall: A. Establish design criteria for the projects, if needed; B. Engage design professionals as necessary; if needed; AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 67 of 132 C. Supervise the design of the project; D. Obtain any approvals required by the Architectural and Engineering Review Board, if needed; E. Provide all necessary submittals to the Alaska Department of Education and Early Development and other governmental agencies providing funding for the projects, if needed; F. Select the methodology to accomplish the projects; G. Engage a construction contractor as necessary; H. Supervise the construction of the project; I. Cooperate with the Borough concerning the submission of any required reports or documentation regarding the projects; J. Provide for administration of monies that fund the projects listed in this Agreement to ensure compliance with the terms of funding agreements including, but not limited to, filing all progress, financial, and single audit reports required by the State of Alaska; K. Comply with the terms of all laws governing the expenditure of funds including, but not limited to, the provisions in Titles 14 and 36 of the Alaska Statute; L. Provide the Borough with a copy of all agreements that the District enters into regarding the projects listed in the agreement; and M. Provide the Borough with a copy of all reports and audits relating to the projects listed in this Agreement. SECTION 8. ADDITIONAL AGREEMENT: ADDITIONALLY, THE PARTIES AGREE AS FOLLOWS: All provisions of project agreements, if any, between the District and the Alaska Department of Education & Early Development and other agencies for projects outlined in this Agreement are herein incorporated as if enumerated herein. SECTION 9. TERMINATION: This agreement may be terminated by either party for any reason, prior to its expiration date on ninety days’ written notice to the other party provided to the following: Kodiak Island Borough Kodiak Island Borough School District Borough Manager Superintendent 710 Mill Bay Road 722 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 SECTION 10. ENTIRE AGREEMENT: AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 68 of 132 This Agreement constitutes the entire agreement between the Borough and the District as to the matters stated herein. It supersedes all prior oral and written understandings and agreements as to such matters. It may be amended, supplemented, modified or canceled only by a duly executed written instrument. It shall bind the Borough and the District, its successors, executors, administrators, assigns and legal representatives. DATED the day and year last written below. Date: ____________ By: ____________________________ Michael Powers, Borough Manager Kodiak Island Borough Date:____________ By: ____________________________ Dr. Larry LeDoux, Superintendent Kodiak Island Borough School District Attest: By: ____________________________ Tara Welinsky, Borough Clerk BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: STATE OF ALASKA ) AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 69 of 132 ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Tara Welinsky to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: DISTRICT ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________ 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Dr. Larry LeDoux to me known to be the Superintendent of the Kodiak Island Borough School District, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 70 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-17 Page 1 of 2 Introduced by: Manager Powers 1 Drafted by: Manger Powers 2 Introduced on: 12/19/2019 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-17 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 9 A MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE 10 KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING CERTAIN FISCAL YEAR 11 2020 MAJOR MAINTENANCE AND CONSTRUCTION PROJECTS FOR THE SCHOOL 12 DISTRICT 13 14 WHEREAS, AS 14.14.060(f) provides that the Borough Assembly, through the Borough 15 Manager, shall provide for all major rehabilitation, construction, and major repair of school 16 buildings; and 17 18 WHEREAS, AS 14.14.060(i) provides that Borough Assembly and the Borough School Board 19 may reallocate the duties imposed under AS 14.14.060(f) by agreement between the Borough 20 Assembly and Borough School Board; and 21 22 WHEREAS, the Kodiak Island Borough School District has identified certain major maintenance 23 projects it desires to initiate during FY 2020; and 24 25 WHEREAS, the Kodiak Island Borough School District has funds available from its FY 2020 26 operating budget which it desires to encumber or expend on certain major maintenance capital 27 projects prior to the end of the fiscal year; and 28 29 WHEREAS, the Assembly and the School Board recognize that the major maintenance projects 30 identified by the School District, identified below are appropriate and desirable; and 31 32 WHEREAS, the Assembly and the School Board desires to alter the responsibilities in AS 33 14.14.060(f) such that the Borough School District shall be responsible for major rehabilitation, 34 construction, and major repair of school buildings with respect to the projects listed below: 35 36 1. Auxiliary Gym Enhancement Project $300,000 37 2. Main Elementary Roof Enhancement Project $160,000 38 3. Auditorium Enhancement Project $200,000 39 4. Elementary Network Enhancement Project $800,000 40 5. School Security Enhancement Project $184,000 41 6. Exterior School Security Enhancement Project $114,921 42 7. Urban Playground Equipment Enhancement Project $120,000 43 Version 1 AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 71 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-17 Page 2 of 2 The Borough shall retain the responsibility under AS 14.14.060(f) for all projects not listed. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that 47 48 Section 1. The Borough Manager is authorized, on behalf of the Kodiak Island Borough, to 49 execute an agreement with the Kodiak Island Borough School District substantially in the form 50 attached to this resolution delegating authority and responsibility to the School District for project 51 management and oversight of the listed projects at various schools. 52 53 Section 2. This resolution is effective immediately upon adoption in accordance with section 54 1.10.040 of the Borough Code. 55 56 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS __________ DAY OF _______________, 2019. 60 61 KODIAK ISLAND BOROUGH ATTEST: 62 63 64 ___________________________ ___________________________ 65 William Roberts, Mayor Tara Welinsky, Clerk 66 67 VOTES: 68 Ayes: 69 Noes: 70 71 72 AGENDA ITEM #13.B.1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Boro...Page 72 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project ORIGINATOR: Michael Powers RECOMMENDATION: It is recommended the Assembly approve Resolution No. FY2020-18 authorizing the Memorandum of Agreement DISCUSSION: At the Joint Work Session, the Kodiak Island School District informed the Borough of excess funds the District has and identified a number of major maintenance and construction projects. One of the projects, Northstar siding, was identified as better suited for construction management and execution by the Borough as opposed to the School District. As part of those discussions, the need for MOAs addressing those projects the District would undertake and those by the Borough was discussed and approved in concept. This MOA specifically identifies the need for siding. Borough Staff has met with our Architect and identified the need to also address the window issues previously discussed. It is anticipated that this will be a two phase project with the Gym residing accomplished this year and the remainder of the siding as well as window replacement in 2021. ALTERNATIVES: Decline to approve the MOA FISCAL IMPACT: The funding provided will cover the majority of the siding costs, but it is unknown how much the window component will cost. The Architect is working on a cost estimate and staff intends to seek State funding as well as budgeting for the windows as part of the FY2021 budget. OTHER INFORMATION: AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 73 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-18 Page 1 of 2 Introduced by: Manager Powers 1 Drafted by: Manager Powers 2 Introduced on: 12/19/2019 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-18 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 9 A MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE 10 KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING FUNDING AND 11 CONSTRUCTION OF IMPROVEMENTS AT NORTHSTAR ELEMENTARY SCHOOL 12 13 WHEREAS, AS 14.14.060(f) provides that the Borough Assembly, through the Borough 14 Manager, shall provide for all major rehabilitation, construction, and major repair of school 15 buildings; and 16 17 WHEREAS, AS 14.14.060(i) provides that Borough Assembly and the Borough School Board 18 may reallocate the duties imposed under AS 14.14.060(f) by agreement between the Borough 19 Assembly and Borough School Board; and 20 21 WHEREAS, the Kodiak Island Borough School District has funding available for work to improve 22 the siding and related projects at Northstar Elementary; and 23 24 WHEREAS, the Kodiak Island Borough, with its architect, has reviewed the condition of the 25 building, the siding, windows and related appurtenances; and 26 27 WHEREAS, the Kodiak Island Borough believes that additional exploratory work is required and 28 that create a two-phase project will provide for a better, more comprehensive project; and 29 30 WHEREAS, the Assembly and the School Board have identified this project as desirable and 31 the School District is providing $502,000 for this project and the Assembly and School Board 32 desire to covenant that the funds will be spent on the siding, window and related 33 appurtenances. 34 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that 39 40 Section 1. The Borough Manager is authorized, on behalf of the Kodiak Island Borough, to 41 execute an agreement with the Kodiak Island Borough School District substantially in the form 42 attached to this resolution delegating authority and responsibility, and providing funding, to the 43 Kodiak Island Borough for project management and construction work related to siding and 44 windows at Northstar School. 45 46 Section 2. This resolution is effective immediately upon adoption in accordance with section 47 1.10.040 of the Borough Code. 48 49 Version 1 AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 74 of 132 Kodiak Island Borough, Alaska Resolution No. FY2020-18 Page 2 of 2 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS __________ DAY OF _______________, 2019. 53 54 KODIAK ISLAND BOROUGH ATTEST: 55 56 57 ___________________________ ___________________________ 58 William Roberts, Mayor Tara Welinsky, Clerk 59 60 VOTES: 61 Ayes: 62 Noes: 63 64 65 AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 75 of 132 MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING THE NORTH STAR ELEMENTARY SCHOOL SIDING PROJECT R E C I T A L S WHEREAS, AS 14.14.060(f) provides that the Borough Assembly, through the Borough Manager, shall provide for all major rehabilitation, construction, and major repair of school buildings; and WHEREAS, the Kodiak Island Borough School District has identified repair of the siding at North Star Elementary School as a major maintenance project it desires to initiate during FY 2020; and WHEREAS, the Kodiak Island Borough School District has funds available from its FY 2020 Operating Budget which it desires to encumber or expend on the North Star Elementary School Siding Repair Project prior to the end of the fiscal year; and WHEREAS, the Assembly finds that it is in the best interest of the Kodiak Island Borough for the Borough to undertake the North Star Elementary School Siding Repair Project during FY 2020 using the funds provided by the School District. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PURPOSE: This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak Island Borough (Borough) agrees to perform the North Star Elementary School Siding Repair Project (Project) using funds provided by the Kodiak Island Borough School District (District). The Borough shall manage all aspects of the Project, and coordinate with the District as provided in this Agreement. SECTION 2. TITLE OF PROJECT: The Project shall be identified as the “North Star Elementary School Siding Repair Project”. SECTION 3. AGREEMENT EFFECTIVE DATE: This Agreement shall be effective upon execution of this Agreement by the Manager of the Borough and the Superintendent of the District. SECTION 4. AGREEMENT TERMINATION DATE: This Agreement shall be terminated upon completion of the Project. SECTION 5. FUNDING SOURCE: The parties recognize that the Borough has the authority and duty to provide for all major rehabilitation, construction, and major repair of school buildings. Commonly, the funding for such projects comes from either State of Alaska or Borough funding sources or both. The funding for this project is being provided by the District from FY 2020 Operating Budget funds, and as such must be encumbered or expended before the end of FY 2020. The District has allocated $502,000 for the Project. If the project bids, including a reasonable contingency and administrative expenses AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 76 of 132 (collectively “Project Costs”) exceed this amount, the Borough and District will confer and if the District declines to provide sufficient funds to cover the total expected Project Costs, the Borough may cancel the procurement, cease work on the Project and return unexpended balance less the Borough’s costs to that point. Funds will be transferred to the Borough upon request. SECTION 6. RESPONSIBILITIES OF BOROUGH: The Borough shall: A. Engage design professionals as necessary; B. Supervise the design and bidding of the Project; C. Obtain any required design approvals and permits approvals; D. Select the methodology to accomplish the Project, coordinating project scheduling with the District; E. Conduct the procurement and engage a construction contractor; F. Supervise the construction of the Project; G. Cooperate with the District concerning the submission of any required reports or documentation regarding the Project; H. Provide for administration of monies that fund the Project; I. Comply with the terms of all laws governing the expenditure of funds including, but not limited to, the provisions in Titles 14 and 36 of the Alaska Statutes; J. Provide the District with a copy of all agreements that the Borough enters into regarding the Project; and K. Provide the District with a final accounting for the project and copy of all reports and audits relating to the Project. SECTION 7. RESPONSIBILITIES OF THE DISTRICT: The District shall: A. Provide $502,000 to the Borough as funding for the project. Any funds not required will be returned to the District on Project completion; B. Provide additional funds if required after receipt of bids, or notify the Borough within 10 days of the Borough’s request for additional funds if additional funds will not be provided by the District; C. Cooperate with the Borough in the scheduling and implementation of the Project; and AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 77 of 132 D. Cooperate with the Borough concerning any information required to conduct the Project. SECTION 8. AMENDMENT: This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: Kodiak Island Borough Kodiak Island Borough School District Borough Manager Superintendent 710 Mill Bay Road 722 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 SECTION 9. TERMINATION: This Agreement may be terminated by mutual consent. This Agreement may be terminated by the Borough after 10 days’ notice if the District fails to provide funds reasonably required for the Project in accordance with section 5. SECTION 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Borough and the District as to the matters stated herein. It supersedes all prior oral and written understandings and agreements as to such matters. It may be amended, supplemented, modified or canceled only by a duly executed written instrument. It shall bind the Borough and the District, its successors, executors, administrators, assigns and legal representatives. DATED the day and year last written below. Date: ____________ By: ____________________________ Michael Powers, Borough Manager Kodiak Island Borough Date:____________ By: ____________________________ Dr. Larry LeDoux, Superintendent Kodiak Island Borough School District Attest: By: ____________________________ Tara Welinsky, Borough Clerk AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 78 of 132 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Tara Welinsky, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 79 of 132 DISTRICT ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________ 2019, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Dr. Larry LeDoux, to me known to be the Superintendent of the Kodiak Island Borough School District, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _______________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: AGENDA ITEM #13.B.2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Si...Page 80 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ORIGINATOR: Scott Arndt RECOMMENDATION: Move to advance Ordinance No. FY 2020-12 to public hearing. DISCUSSION: After the last regular meeting on August 15th, the Clerk’s Office was asked to research the current Borough policy on Assembly member attendance. Specifically: •if Assembly members could be “excused” if they missed a meeting for work purposes •if there was anything in the code defining good cause or giving guidance/criteria in regards to when the Assembly should excuse an absence or not •are there legal opinions on what constitutes a “meeting” for purposes of determining if an Assembly member has missed half of the meetings in a one-year period After reading the KIB code and consulting with the former Borough Clerk and the Borough’s lawyer, Scott Brandt-Erichsen, I have come to the following conclusions: •There are currently no criteria defining good cause or giving guidance in regards to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. •KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. •There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members’ absences from meetings which was reinterpreted by our lawyer, Scott Brandt-Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough’s possession and only the minutes and packets are available for interpretation. Mr. Brandt- Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt-Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. •Regarding the excused versus unexcused issue, Mr. Brandt-Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 81 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough ALTERNATIVES: FISCAL IMPACT: Minimum fiscal impact. If a seat were to be vacated and not filled, the compensation for that Assembly member would be withheld. 2.30.100 Miscellaneous. E. Compensation and Expenses. 1. Assembly members’ compensation shall be $300.00 per month. OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 82 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Assembly Member Arndt 1 Drafted by: Assembly Member Arndt 2 Introduced on: 12/19/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCESTITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLY AND CHAPTER 2.30 RULES OF THE 12 ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. 13 14 WHEREAS, KIBC 2.25.060 provides that “If a member of the governing body misses one-half of 15 the meetings held in any year of his or her term of office, each year between November 1st and 16 October 31st, the seat shall be automatically vacated”; and 17 18 WHEREAS, there is currently no explanation as to what a meeting is; and 19 20 WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular 21 or special meeting of the assembly for good cause; and 22 23 WHEREAS, a full body of the Assembly allows for better debate and consensus reaching; and 24 25 WHEREAS, Assembly excusing should be limited to major medical and travel for borough 26 business. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 32 Kodiak Island Borough Code of Ordinances. 33 34 Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the 35 Kodiak Island Borough Code of Ordinances is amended to read as follows: 36 37 38 2.25.060 Declaring and filling vacancies. 39 40 B. If a member of the governing body misses one-half of the regular meetings and work session 41 meetings held in any year of his or her term of office, each year between November 1st and 42 October 31st, the seat shall be automatically vacated. 43 44 45 VERSION 1 AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 83 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 2.25.070 Absences. 46 A No member of the assembly may request to be excused absent himself from any regular or 47 work session special meeting of the assembly except for good cause for reasons of major 48 medical or travel for borough business. An assembly member who is unable to attend a 49 meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that 50 absence. During the course of the meeting from which the member is absent, the chair shall cause 51 the record to reflect the absence of the member, the reason for the absence, and whether the 52 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 53 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 54 55 2.30.020 General rules. 56 57 C. Absences. A No member of the assembly may request to be excused absent himself from 58 any regular or work session special meeting of the assembly except for good cause for reasons 59 of major medical or travel for borough business. An assembly member who is unable to attend 60 a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for 61 that absence. During the course of the meeting from which the member is absent, the chair shall 62 cause the record to reflect the absence of the member, the reason for the absence and whether 63 the absence is excused by the assembly. 64 65 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 66 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS __________ DAY OF _______________, 2019. 70 71 KODIAK ISLAND BOROUGH ATTEST: 72 73 74 ___________________________ ___________________________ 75 William Roberts, Mayor Tara Welinsky, Clerk 76 77 VOTES: 78 Ayes: 79 Noes: 80 AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 84 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 2 Introduced by: Assembly Member Skinner 1 Drafted by: Assembly Member Skinner 2 Introduced on: 12/19/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLY AND CHAPTER 2.30 RULES OF 12 THE ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. 13 14 WHEREAS, having a full assembly in attendance allows for better debate and better 15 representation of various community perspectives; and 16 17 WHEREAS, the assembly recognizes the time commitment required to serve on the assembly 18 and the need to balance public office, work and family; and 19 20 WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular 21 or special meeting of the assembly only for good cause; and 22 23 WHEREAS, KIBC does not address what constitutes “good cause” in 2.30.020; and 24 25 WHEREAS, KIBC 2.25.060 provides that “If a member of the governing body misses one-half of 26 the meetings held in any year of his or her term of office, each year between November 1st and 27 October 31st, the seat shall be automatically vacated”; and 28 29 WHEREAS, KIBC does not clearly define “meeting” in 2.25.060; and 30 31 WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and 32 33 WHEREAS, the assembly desires to clarify code provisions related to assembly member 34 absences, while recognizing the value of providing flexibility and encouraging a diverse 35 assembly. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 41 Kodiak Island Borough Code of Ordinances. 42 43 Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the 44 Kodiak Island Borough Code of Ordinances is amended to read as follows: 45 46 Version 2 AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 85 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 2 2.25.060 Declaring and filling vacancies. 47 48 A. The assembly shall declare an assembly member’s seat vacant when the assembly member: 49 … 50 9. If a member of the governing body misses three consecutively held regular meetings and is not 51 excused. 52 53 B. If a member of the governing body misses four consecutively held regular meetings 54 and is not excused then the assembly may declare the seat vacant. 55 56 B. C. If a member of the governing body misses one-half of the regular meetings and work 57 sessions held in any year of his or her term of office, each year between November 1st and 58 October 31st, the seat shall be automatically vacated. 59 60 C. D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared 61 vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public 62 notice of the vacancy and, for 14 days after the first publication thereof, receive applications from 63 persons interested in being appointed to the vacant seat. The assembly shall review the 64 applications and may interview applicants. Not later than 30 days after the seat is declared vacant, 65 the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. 66 67 D. E. In appointing a person from among the applicants, the assembly shall utilize the voting 68 procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. 69 70 E. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced 71 to fewer than four assembly members, then the remaining assembly members shall appoint as 72 many qualified persons to the assembly as is necessary to once again constitute a quorum. The 73 assembly shall utilize any procedure which is reasonable under the circumstances in making the 74 appointments required by this subsection and shall make said appointments not later than seven 75 days after the quorum was reduced to less than four assembly members. 76 77 F. G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time 78 a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-79 12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-80 O, 1979; Ord. 74-6-O §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. 81 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 82 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 83 84 2.25.070 Absences. 85 86 A. Absences. No member of the assembly may absent himself from any regular or special 87 meeting of the assembly except for good cause. An assembly member who is unable to attend a 88 meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that 89 absence. During the course of the meeting from which the member is absent, the chair shall cause 90 the record to reflect the absence of the member, the reason for the absence, and whether the 91 AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 86 of 132 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 2 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 92 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 93 94 B. Good Cause. If a member of the assembly is absent for any of the following reasons 95 their absence shall be considered for good cause and they shall be excused: 96 97 1. Travel for Borough business; 98 2. Any other reason the Assembly deems appropriate (for example, work, health or 99 medical, personal leave, etc. 100 101 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 102 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 103 104 105 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 106 THIS __________ DAY OF _______________, 2019. 107 108 KODIAK ISLAND BOROUGH ATTEST: 109 110 111 ___________________________ ___________________________ 112 William Roberts, Mayor Tara Welinsky, Clerk 113 114 VOTES: 115 Ayes: 116 Noes: 117 AGENDA ITEM #13.C.1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 87 of 132 Appendix to Kodiak Island Borough Comments Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 December 19, 2019 Chairman Reed Morisky Alaska Board of Fisheries Members Submitted via Online Comments Boards Support Section P.O. Box 115526 Juneau, AK 99811-5526 Re: Opposition to Proposals 58-66 and 37 Dear Chairman Morisky: The Kodiak Island Borough (Borough) opposes Proposals 58-66 and 37, which will be considered at the upcoming January, 2020 Alaska Board of Fisheries (Board) meeting in Kodiak. The Borough encompasses the Kodiak Management Area as defined by the Alaska Department of Fish and Game, and includes the Kodiak Archipelago and the Alaska Peninsula from Cape Douglas west to Cape Igvak. Commercial fishing in State and Federal waters around Kodiak is a major economic driver for the Borough, and fisheries tax revenues comprise a significant portion of the Borough’s revenues on an annual basis. Proposals 58-66 and 37 would have substantial negative effects on Kodiak’s economy and salmon fisheries, and this set of proposals simply reiterates the same arguments the Board has already addressed during each board cycle for the past 30 years. Namely, Chignik wants to change history and take away the Cape Igvak fishery and Cook Inlet wants to exert control over common property fish hundreds of miles away from Cook Inlet. Kodiak Island Borough strongly recommends that the Board maintain status quo in regard to both the Cape Igvak and Cook Inlet issues. Cape Igvak Fishery. It is critical for the Board to consider the long history and context of Kodiak salmon fishing in the Cape Igvak area, and to maintain consistency with past management decisions and strategies. The Alaska Board of Fisheries recognizes this importance of historical use by listing “the history of each personal use, sport and commercial fishery” as the first of its Allocation Criteria. AGENDA ITEM #13.D.1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kod...Page 88 of 132 Appendix to Kodiak Island Borough Comments Kodiak fishermen have been fishing throughout the Alaska Peninsula, including Chignik and area M, since even before the Limited Entry management system was implemented in the early 1970s. After limited entry Kodiak fishermen continued to fish on the Alaska Peninsula from Cape Douglas to Cape Igvak. When Chignik fishermen became concerned that Kodiak’s continued activity at Cape Igvak was impacting their fishery Kodiak and Chignik stakeholders met in Juneau at the 1977 Alaska Board of Fisheries meeting and hammered out the current Cape Igvak Management Plan. The plan balanced Kodiak’s historical Cape Igvak fishery with Chignik’s need to have economic and conservation protections. Consequently, the plan prohibits fishing at Cape Igvak until the Chignik fleet catches a minimum of 300,000 sockeye – about $2.5 million dollars in value. After the Cape Igvak fishery is opened to Kodiak fishermen, Kodiak is limited to 15% of the total Chignik run, which approximates prior catch percentages. The Cape Igvak plan is balanced and fair and has endured with only one minor adjustment for 42 years because it balances protections for Chignik’s fishery on one side with recognition of Kodiak’s historical participation on the other. The Kodiak Island Borough does not see any “new information,” new “best available science,” any new and expanding fishery or any new conservation concerns that would justify changing the Cape Igvak fishery. The six Cape Igvak proposals (58-62 and 65) represent an attempted “fish grab” without justification, and seem to evidence a misplaced hope that the Board will ignore the history of the Cape Igvak fishery and the balance of the equities established by the Cape Igvak management plan in 1977. Cook Inlet. Kodiak salmon fishermen have recognized the presence of what appear to be “non local” stocks in the Kodiak area for over 100 years, although it has always been impossible to predict when, where or if non-local fish will show up in any given season. In 1989, during an unusually calm summer Kodiak salmon fishermen found Cook Inlet bound sockeye out in the middle of the northern Shelikof Straits and concentrated fishing effort in that area. In 1990 Alaska Board of Fisheries clarified that (1) the Kodiak fleet, unlike the Cook Inlet drift fishery, was limited to fishing inside the 3 nautical miles “state waters” line, and (2) that the activity in the North Shelikof constituted a “new and expanding” fishery. The Board then crafted the North Shelikof Management Plan which balanced continuation of the historical Kodiak fishery of local Kodiak stocks with a conservation zone to protect Cook Inlet bound sockeye that might be in the area. The North Shelikof Management Plan has endured for the past 29 years, with a single minor adjustment for expanded local stocks opportunities in the S.W. Afognak section. The Borough is aware of the genetic sockeye identification study undertaken in the Kodiak Management Area from 2014-16. The study merely confirmed what was already known about the presence of Cook Inlet sockeye in the Kodiak area, and demonstrated amounts vary greatly from Cape Igvak Area AGENDA ITEM #13.D.1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kod...Page 89 of 132 Appendix to Kodiak Island Borough Comments year to year. In 2014 only a few fish are available; in 2015 larger concentrations appear in some areas but not in others and in 2016 there are “lighting strikes” at some places but not in the same places that fish appeared in 2015. Finally, across all three years the amount of Cook Inlet Sockeye captured in the Kodiak Management Area was within the amounts suggested by the Alaska Department of Fish and Game during the early 1990s. The 2014-16 genetic study is a new study but it does not provide new information relative to the presence of Cook Inlet sockeye in the Kodiak Management area. In short, there is no basis for additional restrictions on Kodiak’s salmon management for local stocks because the presence of Cook Inlet sockeye in the Kodiak Management Area has already been accounted for in current management. Allocation decisions are understandably difficult for the Alaska Board of Fisheries. However, in this case the Cape Igvak and Cook Inlet fisheries each have a long standing allocation plan that was reviewed by multiple Alaska Boards of Fisheries and there is no indication of new fishing patterns or significant new information. There is no need or imperative to change Kodiak’s salmon management plans and the Board should maintain the current plans already in place. Kodiak Island Borough encourages the Board to reject proposals 58-66 and 37. Very truly yours, Bill Roberts, Borough Mayor AGENDA ITEM #13.D.1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kod...Page 90 of 132 Appendix to Kodiak Island Borough Comments KODIAK MANAGEMENT AREA - Cap Igvak marked with red dot on Kodiak Management Area Map CHIGNIK AND AREA M AGENDA ITEM #13.D.1.Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kod...Page 91 of 132 Appendix to Kodiak Island Borough Comments AGENDA ITEM #13.D.1.Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kod...Page 92 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Mahoney). ORIGINATOR: Lina Cruz RECOMMENDATION: Move to declare a seat on the Solid Waste Advisory Board vacant, this seat is currently held by Mr. Ed Mahoney and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. DISCUSSION: Clerks Report: The Clerk's Office received Mr. Mahoney's resigantion letter on December 4, 2019. Mr. Mahoney is retiring and wants to spend more time with family. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.100 Boards, Committees, and Commissions2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two -thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or 6. Misses three consecutively held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated. C. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term “reasonable cause” shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. D. In the event of a vacancy on a board, committee, or commission for any reaso n other than AGENDA ITEM #13.D.2. * Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Maho...Page 93 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. [Ord. 2008-15 §2, 2008; Ord. 02-16 §5, 2002; Ord. 02-09 §3, 2002; Ord. 98-02 §8, 1998; Ord. 87- 29-O §3, 1987. Formerly §2.39.070]. AGENDA ITEM #13.D.2. * Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Maho...Page 94 of 132 Revision Date: 06/27/19 Revised by: LC SOLID WASTE ADVISORY BOARD E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 2021 (907) 486- 3853 (907) 654- 3853 76taku77@gmail.com Laine Welch 315 High St Kodiak, AK 99615 2020 (907) 486- 2391 (907) 654- 9111 msfish@alaskan.com Steven Neff 3240 Lake View Drive Kodiak, AK 99615 2019 (573) 247- 6064 swneff@gmail.com Nathan Svoboda 389 Neva Way Kodiak, AK 99615 2019 (907) 486- 1863 (907) 202- 1837 nathan.svoboda@alaska.gov Jeff Stewart PO Box 868 Kodiak, AK 99615 2019 (907) 486- 2972 misty-isle@alaskan.com Construction Business Representative Ed Mahoney 3944 Spruce Cape Road Kodiak, AK 99615 2021 (907) 539- 1234 (907) 539- 1234 (907) 539- 1234 builder@gci.net Retail Business Representative Jason Jardine 3564 Patrick Ct Kodiak, AK 99615 2021 (907) 481- 1670 (208) 569- 8858 webasboy@gmail.com NON-VOTING EX-OFFICIOS Assembly Representative Mr. Duane Dvorak 415 Cedar St Kodiak, AK 99615 (907) 942- 2912 (907) 942- 2912 duane.dvorak@kibassembly.org KIB Staff Representative Dave Conrad (907) 486- 9357 dconrad@kodiakak.us U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak (907) 854- 4514 (907) 487- 5494 jennifer.n.nutt@uscg.mil City of Kodiak Representative Craig Walton 2410 Mill Bay Road Kodiak, AK 99615 (907) 486- 8060 (907) 486- 8066 cwalton@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.145 AGENDA ITEM #13.D.2. * Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Maho...Page 95 of 132 AGENDA ITEM #13.D.2.* Declaring A Seat On The Solid Waste Advisory Board Vacant (Mr. Ed Maho...Page 96 of 132 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 19, 2019 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral Appointments to the Different Boards, Committees, and Commissions. ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the following mayoral appointments: • Mr. Joseph Delgado and Mr. Kyle Blondin to the Planning and Zoning Commission City seat for terms to expire December 2022 • Mr. Jascha Zbitnoff and Mr. Dennis Hunt to the Architectural Engineering Review Board for terms to expire December 2022 • Mr. Patrick Cummings and Nathan Svoboda to the Solid Waste Advisory Board for a term to expire December 2022 • Mr. Brian Himelbloom to the Parks and Recreation Committee for a term to expire December 2022 • Mr. Randal Ensign to the Mission Lake "Tidegate" Service Area Board for a term to expire December 2022 DISCUSSION: Mr. Joseph Delgado awaiting confirmation from the City of Kodiak. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 97 of 132 1 Alise Rice From:noreply@civicplus.com Sent:Thursday, October 24, 2019 1:53 PM To:Clerks Subject:Online Form Submittal: Board Application Form Board Application Form 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, Commission, or Committee applying for Planning and Zoning Commission Designated seat or group representation (if applicable): Field not completed. Full Name Joseph Paul Delgado Residence Address 1225 Selief Lane unit 4 Kodiak Alaska 99615 Mailing Address 1225 Selief Lane unit 4 Kodiak Alaska 99615 Email Address (This address will be used for correspondence) egdelgado64@gmail.com Home Phone Number (numeric only) 9075127508 Work Number (numeric only) 9075127508 Cell or Fax Number (numeric only) 9075127508 Employer/Occupation Board of Director RESIDENCY INFORMATION Length of residency in Kodiak 10 months Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 98 of 132 2 Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? Yes If yes, which Consolidation committee Organizations you belong to or participate in Field not completed. Explain your main reason for applying High interest in helping to build this city into a place that people not only want to stay in but also one that people want to move to. What background, experience, or expertise will you bring to the board/committee/commission membership? Eight years of transportation planning, numerous years as city and tribal council membership. Are you available for regular meetings? Yes 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 ______ Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 99 of 132 From:Javier, Nova To:Clerks Subject:Appointment to P&ZC Date:Friday, December 13, 2019 10:53:02 AM Hello, Please be informed that the City of Kodiak Council recommended the appointment of Mr. Joseph Delgado to the vacant City Seat on the Planning and Zoning Commission for a term ending December 2022. Thank you, Nova Ms. Nova M. Javier, MMC City Clerk City of Kodiak, Clerk's Office 710 Mill Bay Road, Room 110 Kodiak, AK 99615 Phone: 907-486-8636 Fax: 907-486-8633 Email: njavier@city.kodiak.ak.us Messages to and from this e-mail address may be available to the public under Kodiak City Code provisions and Alaska State Statutes. 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U2.»_u3<Emo8m>momaanawoman ._.m.._._..mxu_..mmoz.DE...2oaoa.8x $23.Emsm?au_uw.o.5 %N_>>./.7..€(>.?r>oN JTL 02 2 85xOU_>_.>w.S Uh.“nu:2».»D 43.0 >5 AGENDA ITEM #13.D.3.* Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 102 of 132 Revision Date: 10/10/2019 Revised by: AR PLANNING AND ZONING COMMISSION CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE CELL PHONE EMAIL VACANT (C) 2021 Kent Cross (B) PO Box 3164 Kodiak, AK 99615 2021 (907) 942-3189 (907) 942-3189 kent.cross@kibplanning.org Matthew Novello (B) 3941 Woodland Drive Kodiak, AK 99615 2021 (757) 635-5051 (757) 635-5051 novey1@msn.com Alan Schmitt (C) 3295 Woody Way Loop Kodiak, AK 99615 2020 (907) 486-5314 (907) 942-0435 alan.schmitt@kibplanning.org Dave Townsend (B) Chair PO Box 9044 Kodiak, AK 99615 2020 None (907) 654-4123 dave.townsend@kibplanning.org Kyle Blondin (B) 3469 Harlequin Kodiak, AK 99615 2019 (907) 942-3703 (907) 942-3703 blondin_builder37@hotmail.com Joseph Delgado (C) 1225 Selief LN #4 Kodiak, AK 99615 2019 (907) 512-7508 (907) 512-7508 egdelgado64@gmail.com B=Borough Seat C=City Seat This commission is governed by Kodiak Island Borough Code 2.105 AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 103 of 132 >=mm33 110.3”:o_.m_u_<®n_<_n_u_cm.no3 mman_u_.Em<.zo<m3Um_.mm.8:.wow_uZ_ ._.9Qmza 9.3.250:__:m«oz:mca3_§_”mama>2._§.a=moi. mama>Eu=om:o:_uoq3 _u_mmmmno3u_m.mEmo:_Em3::cm_o<<._u_mmmmommémnmEm.EmE3_.3m=o:o_<m: on<o:_.muu_.om=o:_mBmamm<m__m_o_m8Emu:a_..mam<<._.mn::mEmcmmoxm Em.EmmnE«mmm_mam:maonmmm.mamooamn.usozmscacmq8u..o<amwomanman 392.8E.o:.:m._o:. _ummmoz>r_z_uom_<_>:oz mm_mnnEmwoman.no33.mmmo:.>3::mnE_.m\m:m_:mm_.Em_»m<_m<<woman onno33.:mmm_uu_<Em§ Dmm?amnmnmmmn9.«SE.Ema‘:0.83223.qmuammmanmsoaA:muu=8c_mr n:__zmam...mmo:mLNEEom xmmamznm>an_.mmm_uOcox9.:M _<_m=5m>x.E_.mmmtocoxcox» Tam:>.E_.m...m3.2m253$_mmo:m~©on..:m_ <1:um52.«on nolmmuoaamznmv Io3m2.0.52:332.moumamw?m E:3m_..no_.._<. <<o_._x2:33..Ecamzno_.._<.oo?mmm?m nm__owmax25.62Ecamanoououmum.w o:_<. m:.6_o<m_<onn:_umzo:_m:nEmm_. _»mm_omzo<_z_uomz_>:oz _.m...mEox«mmEm:n<Exon=m_xwo xmm_mnm_.mn_8<o8E_§__..._$<mm _uO_»mmm<_om>_»m>mo>mo>_u_u_._o>zam mm?5,AGENDA ITEM #13.D.3.* Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 104 of 132 AGENDA ITEM #13.D.3.* Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 105 of 132 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Board Application Form Date:Monday, November 25, 2019 1:02:15 PM Board Application Form 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, Commission, or Committee applying for Architectura/Engineering Review Board Designated seat or group representation (if applicable): Field not completed. Full Name Dennis Hunt Residence Address 182 Alimaq Dr. Apt 315 Mailing Address Kodiak, AK 99615 Email Address (This address will be used for correspondence) dennis.hunt3@icloud.com Home Phone Number (numeric only) 90752967 Work Number (numeric only)9074869525 Cell or Fax Number (numeric only) 9075296752 Employer/Occupation Facilities Director RESIDENCY INFORMATION Length of residency in Kodiak 18 months Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 106 of 132 Length of Residence in Service Area 1 year ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which Field not completed. Organizations you belong to or participate in Field not completed. Explain your main reason for applying Re-apply What background, experience, or expertise will you bring to the board/committee/commission membership? Field not completed. Are you available for regular meetings? Yes 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 ______ Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 107 of 132 Revision Date: 11/8/2019 Revised by: LC ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS KODIAK ISLAND BOROUGH DIRECTOR DAVID CONRAD 486-9357 dconrad@kodiakak.us PROJ. MGR./INSPECTOR, MATT GANDEL 486-9211 mgandel@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY KODIAK, AK 99615 STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Cliff Ford 1250 Beaver Way Kodiak, AK 99615 2021 (907) 486- 5353 (907) 486- 7742 (907) 539- 5342 clifff@acsalaska.net Jon Melin 2011 Mill Bay Road #2 Kodiak, AK 99615 2021 (907) 539- 1589 Jon.premier@alaska.net Rick Ryser PO Box 8908 Kodiak, AK 99615 2020 (907) 486- 5490 (907) 942- 2747 goldenalaska@gmail.com Jerrol Friend (Chair) 1950 Mill Bay Rd. Kodiak, AK 99615 2020 (907) 539- 1975 (907)486- 3908 (907) 539- 1975 jfriend@alaska.net Steven W. Neff 3240 Lakeview Drive Kodiak, AK 99615 2020 (573) 247- 6064 (573)247- 6064 (573) 247- 6064 swneff@gmail.com Jascha Zbitnoff PO Box 9012 Kodiak, AK 99615 2019 (907) 942- 3215 jaschaz@gci.net Dennis Hunt (Vice-Chair) 182 Alimaq Dr. Apt 308 Kodiak, AK 99615 2019 (907) 529- 6752 (907)486- 9525 (907) 529- 6752 dennis.hunt3@icloud.com NON-VOTING EX-OFFICIOS Assembly Representative Duane Dvorak 2022 (907) 942- 2912 (907) 942- 2912 duane.dvorak@kibassembly.org School Board Representative VACANT OR Duncan Fields PO Box 25 Kodiak, AK 99615 486-6393 486-8835 317-5959 dfields@ptialaska.net This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 108 of 132 KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 @kodiakak.us AP PLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board/Committee/Commission: ________________________________________________________ Designated seat or group representation (if applicable) : __________________________________________ 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. Signature of Applicant: Date: A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror. Name: Daytime Phone: Residence Address: Evening Phone: Mailing Address: Cell Phone: Email Address: Fax Number: Length of Residence in Kodiak: Registered to vote in Kodiak? Yes No Please provide one of the following: Date of Birth_______________ Last 4 digits of SSN#_______________ Employer/Occupation: Organizations you belong to or participate in: Explain your main reason for applying: What background, experience, or expertise will you bring to the board/committee/commission membership? Are you available for regular meetings? Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. - STAFF USE ONLY - Registered voter of the Borough: Yes ( ) No ( ) ASSlicaQW¶V ReVideQce: BRURXgh ( ) CiW\ ( ) Date of Appointment: Term Expires on: Appointment Letter: Roster: Oath of Office: APOC POFD Statement: Attached ( ) On File ( ) Date Received: (date stamp below) Solid Waste Advisory Board Patrick Cumings, PE 418A Lilly Dr. Kodiak, 99615 418A Lilly Dr. Kodiak, 99615 907-654-4486 9 year PT 1 year FT 9675 Kodiak Rotary Club, Engineers Without Borders, Kodiak Chamber of Commerce Board or Directors, KELP Environmental Program (KANA and UAFF) I would like to learn more about the local solid waste practices, and to help out as I can. Seems that this capacity would be a good ﬁt for me. Please see my submitted resume for further details. Any and all questions welcome! Thank you. My background is Civil and Environmental Engineering, Educating, Advising, and Volunteering. I have Professional Engineering licenses in Alaska, Washington, and Oregon. I love Kodiak! 907-654-4486 907-654-4486 none patrickc@seattleu.edu “Island Engineering”, Owner. “NWFF Environmental”, Professional Engineer 09 Dec 2019 YES ✔ AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 109 of 132 HOW TO APPLY FOR A BOARD, COMMITTEE, OR COMMISSION Fill out an application for each board/committee/commission you are applying for. You may submit your application by email to clerks@kodiakak.us, by fax to (907) 486-9391, RU haQd deliYeU iW WR Whe BRURXgh CleUk¶V Office, 710 Mill Bay Road, Room , Kodiak, AK 99615. Applications are also available at www.kodiakak.us. Qualifications to serve vary with the board, but the most important ones are having the time, interest, and willingness to serve. Time requirements can vary from three hours per month to 20 hours per week. Some boards PeeW VeaVRQall\, TXaUWeUl\, RU ZheQ Qeeded. PleaVe check ZiWh Whe CleUk¶V Rffice if WheUe iV a VSecific bRaUd \RX aUe interested in to determine if your schedule is compatible with that of the board. NRWe: iQ WhiV dRcXPeQW Whe WeUP ³bRaUd´ Vhall iQclXde aQ\ bRaUd, cRPPiWWee, cRPPiVViRQ, RU cRXQcil Rf Whe BRURXgh. WHAT HAPPENS NEXT—CONSIDERATION OF APPLICANTS 1.You will be considered for the board for which you apply as vacancies occur, either through the expiration of a PePbeU¶V WeUP RU WhURXgh a PePbeU¶V UeVigQaWiRQ. IQcXPbeQWV ZiVhiQg WR be UeaSSRiQWed Zill Qeed WR VXbPiW aQ aSSlicaWiRQ; iQcXPbeQWV caQ cRQWacW Whe CleUk¶V Rffice WR geW a cRS\ Rf WheiU PRVW UeceQW aSSlicaWiRQ aQd update that for submission. Incumbents are considered in the same manner and process as all other applicants, and are not automatically reappointed. 2.Vacancies occur throughout the year, and applications are accepted at any time. 3.Applications are held for one year for consideration. If, after that time, you are still interested in applying for a board, please submit a new application. 4.The Mayor and Assembly seek to have broad representation from throughout the community so when making appointments they consider many factors. 5.All applications received for a vacancy are provided to the Mayor and Assembly for consideration. If you are aSSRiQWed, \RX Zill UeceiYe aQ aSSRiQWPeQW leWWeU, SeUWiQeQW cRde VecWiRQV, aQd a bRaUd URVWeU fURP Whe CleUk¶V office. Support staff to the board will provide board materials and meeting notification. 6.All aSSRiQWeeV aUe UeTXiUed WR be VZRUQ iQWR Rffice WhURXgh Whe BRURXgh CleUk¶V Office, 710 Mill Ba\ RRad, Room , Monday through Friday, 8 a.m. to 5 p.m. 7.If you are not selected for appointment, you will be notified and your application will be retained for one year. Applications are always welcome, and you should not feel discouraged if you are not quickly appointed or notified. If \RX dR heaU Rf a YacaQc\ iQ Zhich \RX aUe iQWeUeVWed, iW iV VXggeVWed WhaW \RX call WR UePiQd Whe CleUk¶V Office that you have an application on file and would like to be considered for the vacancy. Thank you for your interest! ADDITIONAL INFORMATION REGARDING BOARDS In addition to any other qualifications required by Kodiak Island Borough Code 2.100.040, a member 1.) shall be a qualified voter of the borough, and 2.) Shall remain a resident of the borough while in office. The term of each member of a board is three years. The regular term shall commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. Planning and Zoning Commission members are required by the Alaska Public Offices Commission to submit financial disclosure statements. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 110 of 132 Patrick Cummings – Resume Page 1 of 3 Patrick Cummings, PE 418 A Lilly Drive Kodiak, Ak. 99615 patrickc@seattleu.edu 907-654-4486 CURRENT CREDENTIALS Professional Engineer, Alaska State, License # 145523 Professional Engineer, Washington State, License # 52635 Professional Engineer, Oregon State, License # 95226PE Business Owner, Alaska State, "Island Engineering", license # 2087351 Global Entry, U.S. Customs and Border Protection, License #103497593 Combat Veteran, U.S. Department of Veterans Affairs, ID #1351955640 Security Clearance, PIV-1, Full Access, Department of Homeland Security, ID #10000856487 Remote Pilot, Federal Aviation Administration, certificate # 4096812 Qualified Environmental Professional (QEP), Alaska Dept of Environmental Conservation EDUCATION Seattle University, Seattle, WA Sep 2005 - Jun 2008 Bachelor of Science in Civil Engineering, Environmental Specialization • Engineers Without Borders, Student Chapter • Developed, managed and completed waste water, drinking water, bridge, and retaining wall projects in Nicaragua, Thailand, and Jamaica Shoreline Community College, Shoreline, WA Sep 2003 - Jun 2005 Associate of Science Degree Naval Anti-Submarine Warfare Base, San Diego, CA July 1986 – Sep 1988 US Navy Officer Training Program, Sonar Technician • Marine Corps Physical and Mental Training • Advanced Electronics and acoustic Troubleshooting • Subsurface Sound Propagation and Kinematics • Awarded full ROTC scholarship upon graduation WORK EXPERIENCE Professional Engineer, NWFF Environmental May 2019 – Current Providing licensed engineering services and consulting in Alaska, Washington, and Oregon. NWFF specializes in environmental emergency response, hazardous chemical safety training, prevention, remediation planning, as well as corporate response team building activities, and Civil Engineering QA/QC. Experience and knowledge in all applicable local, state and federal regulations, requirements and permitting processes. Civil Engineer, Appia Engineering Consultants Apr 2010 – June 2019 Civil Engineering Consultant and Civil Engineer in charge of road design, hydraulic models, water main distribution, storm water management, system present replacement value determination, helicopter fire suppression and sanitary sewer systems for Coast Guard Base, Kodiak, Alaska. Operation, access, multi AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 111 of 132 Patrick Cummings – Resume Page 2 of 3 departmental support, credentials and security clearance are under the authority of the Department of Homeland Security. Engineering Laboratory Manager, Seattle University Oct 2015 – Sep 2017 Full oversight and management of all Laboratory and research spaces for the College of Science and Engineering. Primary tasks included contract purchasing, managing employees, budgeting, and oversight of long-term projects while incorporating elements of the university and departmental goals, agendas, focus, and mission. Other tasks included educational demonstration, student tutoring, curriculum development, technical instruction, equipment maintenance, and continuous setup and breakdown of all lab materials and equipment. Duties included constant and close collaboration with multiple departmental professors and facilities leaders. Fully equipped separate labs and research spaces included soils, concrete, hydraulics, structures, AutoCAD modeling, surveying, and environmental remediation. Intensive level of student club and team leadership, encompassing multiple international and domestic student engineering projects, fieldwork, and research. Center for Environmental Sustainability and Justice, Seattle University Feb 2015 – Jan 2018 Travelling contract employee in charge of student mentoring, development and implementation of team security and logistics protocols, and cultural liaising with local village leadership and residents during various overseas engineering and humanitarian projects. Development of policy and procedures for managing international student safety and projects were developed and implemented. Self Employed, Sound Engineer May 2000 – June 2019 Responsible for performer and venue relations, event management, technical support, and live sound front of house and monitor engineering, video, backline, and lighting system design and reinforcement for a range of venues. Washington contracts included: -Key Arena -McCaw Hall -Kirkland Performing Arts Center -Washington State Convention Center -Lynwood Convention Center -City of Seattle -IATSE Stagehands Union Local 15 -Westminster Chapel Church Proprietor, “CoolerPlaces Technical” May 2000 – May 2006 Traveling contract field technician responsible for performing mechanical and electronic trouble-shooting, device calibration, end user training, and warranty repairs. PUBLISHED SCHOLARSHIP “Wastewater Treatment for a Coffee Processing Mill in Nicaragua: A Service-Learning Design Project”, International Journal for Service Learning in Engineering, June 2012. VOLUNTEER EXPERIENCE Kodiak Island Chamber of Commerce, Board of Directors Sep 2019 – Present Kodiak Rotary Club, Kodiak Island Mar 2019 – Present Vice President of External Affairs, Engineers Without Borders Dec 2014 – Dec 2017 West Coast Region Responsible for managing and representing at various national and international conferences. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 112 of 132 Patrick Cummings – Resume Page 3 of 3 Relationship building and training via speaking presentations, gatherings, and events. Program Manager, Engineers Without Borders, Mar 2010 – Jan 2016 Puget Sound Chapter https://www.ewb-usa.org Nicaragua program manager responsible for all aspects of leading team to Matagalpa, Nicaragua for multiple trips to design, construct, implement and inspect an ecological coffee processing facility. Professional Mentor, May 2014 – Jun 2017 Engineers Without Borders, University of Washington chapter http://ewbuw.weebly.com Traveling Mentor for multiple trips and student leadership of ongoing Guatemala Fish Hatchery and community center construction projects. Director, World Water Partners May 2011 – Dec 2014 Responsible for all aspects of team leadership, and in-country campaign building. Mentoring and student leadership of multiple worldwide projects and logistical management and leadership of students in multiple countries. Professional Partner, June 2008 – June 2011 Engineers Without Borders, Seattle University chapter Mentoring and student leadership of multiple worldwide projects and logistical management and leadership of students in Haiti, Jamaica, Thailand, Peru, Nicaragua, and Guatemala. Professional Partner, June 2011 – Present Engineers for a Sustainable World, Seattle University chapter www.eswusa.org Homework Helper, Sep 2009 – Oct 2013 Douglass-Truth Library Weekly homework and academic assistance to mostly low income and at-risk youth. Math Tutor, Seattle Central Community College Aug 2009 - June 2011 Trigonometry, Calculus, Differential Equations, and Linear Algebra assistance and homework OTHER From July 1989 to Apr 2000 I held many different positions, as both an independent contractor and an employee. All these positions were similar in that they demanded creative problem solving and public relations skills. These positions required training of workers, advanced intercultural interaction, accurate assessment of situation, and technical savvy. Spanish speaker. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 113 of 132 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Board Application Form Date:Wednesday, December 11, 2019 11:54:32 AM Board Application Form 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, Commission, or Committee applying for Solid Waste Advisory Board Designated seat or group representation (if applicable): Field not completed. Full Name Nathan Svoboda Residence Address 389 Neva Way Mailing Address 389 Neva Way Email Address (This address will be used for correspondence) nathan.svoboda@alaska.gov Home Phone Number (numeric only) 9072021837 Work Number (numeric only)9072021837 Cell or Fax Number (numeric only) 9072021837 Employer/Occupation Alaska Fish and Game RESIDENCY INFORMATION Length of residency in Kodiak 7 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 114 of 132 Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? Yes If yes, which SWAB Organizations you belong to or participate in A lot! Explain your main reason for applying Interest in solid waste, particularly how it relates to bear issues in and around town. Also interested in extending the length of our dump. What background, experience, or expertise will you bring to the board/committee/commission membership? 19 years as a biologist, 4-5 years on the SWAB, advanced degrees in biology and game management, good rapport with members of our community, many years of dealing with wildlife human conflict issues including solid waste concerns Are you available for regular meetings? Yes 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 ______ Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 115 of 132 Revision Date: 06/27/19 Revised by: LC SOLID WASTE ADVISORY BOARD E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 2021 (907) 486- 3853 (907) 654- 3853 76taku77@gmail.com Laine Welch 315 High St Kodiak, AK 99615 2020 (907) 486- 2391 (907) 654- 9111 msfish@alaskan.com Steven Neff 3240 Lake View Drive Kodiak, AK 99615 2019 (573) 247- 6064 swneff@gmail.com Nathan Svoboda 389 Neva Way Kodiak, AK 99615 2019 (907) 486- 1863 (907) 202- 1837 nathan.svoboda@alaska.gov Jeff Stewart PO Box 868 Kodiak, AK 99615 2019 (907) 486- 2972 misty-isle@alaskan.com Construction Business Representative Ed Mahoney 3944 Spruce Cape Road Kodiak, AK 99615 2021 (907) 539- 1234 (907) 539- 1234 (907) 539- 1234 builder@gci.net Retail Business Representative Jason Jardine 3564 Patrick Ct Kodiak, AK 99615 2021 (907) 481- 1670 (208) 569- 8858 webasboy@gmail.com NON-VOTING EX-OFFICIOS Assembly Representative Mr. Duane Dvorak 415 Cedar St Kodiak, AK 99615 (907) 942- 2912 (907) 942- 2912 duane.dvorak@kibassembly.org KIB Staff Representative Dave Conrad (907) 486- 9357 dconrad@kodiakak.us U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak (907) 854- 4514 (907) 487- 5494 jennifer.n.nutt@uscg.mil City of Kodiak Representative Craig Walton 2410 Mill Bay Road Kodiak, AK 99615 (907) 486- 8060 (907) 486- 8066 cwalton@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.145 AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 116 of 132 1 Alise Rice From:noreply@civicplus.com Sent:Monday, November 4, 2019 10:19 AM To:Clerks Subject:Online Form Submittal: Board Application Form Board Application Form 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, Commission, or Committee applying for Parks and Recreation Committee Designated seat or group representation (if applicable): Field not completed. Full Name Brian Himelbloom Residence Address 3438 Antone Way, Kodiak Mailing Address P.O. Box 1866, Kodiak Email Address (This address will be used for correspondence) kayakadq@gmail.com Home Phone Number (numeric only) 4860822 Work Number (numeric only) 4861529 Cell or Fax Number (numeric only) 9075127070 Employer/Occupation retired (July 2017) from University of Alaska Fairbanks faculty RESIDENCY INFORMATION Length of residency in Kodiak 32 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 117 of 132 2 Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which I did serve, from 2010-2017, on the now-disbanded Kodiak Workforce Regional Advisory Council. Organizations you belong to or participate in Kodiak Public Library Association, non-profit 501(c)3, serving on board of directors since March 2018, currently vice-chair. Alaska Food Policy Council, non-profit 501(c)3, serving on governing board since March 2015, currently chair of the board development committee and a member of the conference planning committee for the Fall 2020 event in Anchorage. Alaska Food Safety Advisory Committee to the Alaska Department of Environmental Conservation – Food Safety and Sanitation Program, serving on committee since 2007. Kodiak Area Marine Science Symposium, began this month serving on steering committee for April 2020 conference. Kodiak Teen Court, non-profit 501(c)3, completed service on the board of directors as an adult member (May 2013-May 2019). Explain your main reason for applying I see the critical need for the Borough Parks and Recreation Committee to have a fully functioning group. I have read the committee minutes from the past two years and observed that there was a lack of commitment by a few committee members to regularly participate in the meetings resulting in a “five-month hiatus” (source: Kodiak Daily Mirror, October 24, 2019, page 1) of activity this year. I did attend the October 22 (Tuesday evening) meeting and saw that the committee barely met the minimum for a quorum (4 of 7). Since I retired from the university after 30 years of continuous employment (October 1987 – July 2017), I have the time to devote to being a productive and collaborative committee member to help re-invigorate progress on important goals such as the completion of the KIB Comprehensive Parks and Recreation Plan update in early 2020. Also, my family enjoys the many recreation areas and AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 118 of 132 3 facilities listed in the update, especially the top five responses to the 2018 public survey. What background, experience, or expertise will you bring to the board/committee/commission membership? I have served in various capacities on committees and boards through my past employment in the University of Alaska Fairbanks and specifically at my work station in the Kodiak Seafood and Marine Science Center (formerly the Fishery Industrial Technology Center) situated on Near Island. I served on the UAF Faculty Senate (2014-2016) which required meeting with a variety of fellow senators guided by senate officers and hearing from university administrators and interested faculty in the audience for conducting efficient, informative, and productive monthly meetings including work on subcommittees to the senate. I served on various promotion and tenure review committees to evaluate faculty files for those members applying for advancement and permanent university employment. In my tripartite faculty appointment, the majority of my time was conducting research which required assimilating background via published information from a variety of sources (i.e., peer-reviewed scientific journals, technical reports and comprehensive review articles, and a wealth of books) in order to write competitive proposals for funding my projects, conducting or supervising time-critical experiments, guiding graduate students, critiquing each thesis, formulating project reports to conform to funding agency guidelines, solely writing or co-writing manuscripts by following detailed journal publishing guidelines to authors, and rewriting critically-reviewed manuscripts for eventual publication. Thus, I have developed a keen eye in conducting searches for information including a thorough vetting of Internet science resources, and being invited by numerous refereed journals and governmental funding agencies to critique submitted manuscripts and grant proposals and serve on national panels to make funding recommendations. I continue to use these listening, thinking, speaking, and writing skills in my board member activities with the non- profit organizations listed above. My current activities with non-profit organizations require thoughtful conversation, listening to other committee members plus the views of attending public audiences, and voting for decisions by the organizations to go forward with beneficial initiatives. This required dedicated time and effort enables these organizations to help Kodiak (and other locations in Alaska) strive to be a desirable community for AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 119 of 132 4 people, especially for parents and their children, and for showcasing the island to visitors including tourists who can speak highly of their adventures here. This island community creates a sustainable relaxing environment for all to enjoy, particularly recreational activities and treasured outdoor park experiences within the City of Kodiak, outside the city on the road system, and into the locally-accessible wilderness refuge. Are you available for regular meetings? Yes 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 ______ Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 120 of 132 Revision Date: 12/9/2019 Revised by: LC PARKS AND RECREATION COMMITTEE KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Patrick Saltonstall PO Box 1909 Kodiak, AK 99615 2021 (907) 486- 2634 (844) 425- 8844 pgsaltonstall@gmail.com Stephen Paulson 962 Mallard Way Kodiak, AK 99615 2021 (907) 486- 4750 (907) 539- 2077 spaulson@gci.net Eric Linscheid PO Box 316 Kodiak, AK 99615 2021 (907) 539- 6829 ericlinscheid@gmail.com Ben Millstein 523 Leta St. Kodiak, AK 99615 2020 (907) 486- 2537 (907) 942- 3083 bmills@ak.net VACANT 2020 VACANT 2020 Paige Simeonoff PO Box 8892 Kodiak, AK 99615 2019 (907) 486- 3281 (907) 942- 4465 funcmastap@hotmail.com NON-VOTING EX-OFFICIOS Assembly Representative Dennis Symmons PO Box 1522 Kodiak, AK 99615 2021 (907) 654- 1045 dennis.symmons@kibassembly.org State Representative Ben Shryock 1400 Abercrombie Dr. Kodiak, AK 99615 (907) 486- 6339 benjamin.shryock@alaska.gov City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 (907) 486- 8670 (907) 654- 7559 cgronn@city.kodiak.ak.us School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 (907) 539- 1482 rbryant01@kibsd.org Roster continued on the next page…. AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 121 of 132 Revision Date: 12/9/2019 Revised by: LC KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE PARKS AND RECREATION COMMITTEE NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL This committee is governed by Kodiak Island Borough Code 2.120 COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, TOM QUASS 486-9364 tquass@kodiakak.us CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us STAFF: Planning and Zoning Commission Representative Vacant Vacant, Alternate AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 122 of 132 n<.mo..<.>25».$2.22momamman5.2..mqocum>mmoo.m..o:mHwoman2 U_..mn.o1oo::n= HH>..o_..=moE..m_Hm:m:.mm::mm.......89%ma>_uumm_mHHxogmx_u_mH..m.._mmUm<m_ou:.m:H>mmonHmH_o HH0=_~o:mwoman3mncmznmzo...HHm:.o6m:n<mm2.nmm HHxo...mx_u.m:m.._mm.22..0..o:u HHmo...<<mmHm>a<.moQ_wom..92.8>_.mmmom_.n_m HHmm<<_m<<mamamm2.om>..mm 335mmHH_n...m_u..o.mo._o:m>..mmzo.Hmminm >.mm HHmo..o:m:rmaamOo:.3.:mm,VH_s_mm_o:5.6..._.EmOm?.mm2_om >..mm HH..o.:.mc__a.:uOoam_»m<.m<..Oo3=..§mmHHz_o:mm:xmwm<28..mm2.om>..mm Hxo...mx_u_m:m...mm>n_<_mo..<Oo3:._=mmHHmm2_nm>..mmzo.H HH.§..¥oo:mo_am..o...Ooaa?mmHH._.::...<_m_m..amH..mm_Ems.mm..<.om>..¢m HH3:6manmmo..mm..o...Oo33§mmHH<<o3m:wmm<mm2.om>.mmmama HH_u_m::.:nmanNoaau0o3:...mm_o:HH<<oon=m:a>o..mmw...mm.Em;wm2Hnm>..mm Emmmmcmuimnm=5.:5H_..Ho:.:m:o...m.<m:on<05.m_uu=nm:o_..Hm:._mn_ou<m=m_u_mno2.5 _u:_u:o.ma:2:._.o....:H_.m =5:30H.m_.:m=.:umnE_.mmm.mam:mnnnmmm.man.ooanmnn_u:o:m:E.:_um_.nou_.o<Emwomanman.=_3....u .:H.o.._....m:o:. zmam.\..B\§<.P\\.\\\..Qo\\«\mmmamsom>qa..mmm..NH..\§Ru~H\\.\x>\X6 _<_m._5m>aa..mmm.§c“mmKK..\.wuIoam_u:o...m.ll.<<o..x3.0.6 .W..v.a\e mam...\.>K3.R.§_.¢8=.oHmmmam...o<H...>_mmxm.MP_»mm.m.m..mu8 53 .2 .§..m.....<mmN zo m:.u_o<m..HOoo...um=o=.\_\.U.h:\\u§:\N:\~.O6m:.Nm._o:HmH<9.cm_o:n Ho9.um..=n.um.m5.Kumkk.mxu_m.:<9:am...Sumo:8.. muu.<.8H\:E..\\.$..\\.\m.kh.NQ..\E.\> <<:m.cmo_6..oc:a_mxum.._m...om_o..mxumamm2.:<2."inn83mcom..n=oo:.3_zmmHoo3:..mmon :.m:.cm..m:.u..~ (LS.Emi1%Ex».1...?E.1: >..m<0...u<u=ma_m3....mu:_m..:..mm::um.~NH»HP....m:m:.8zmoP83H>.d026..3m:3 mx_u_..m._o:oHEm .....m3am~m82.2w.EmmmmmBc_<m_..m___.._mn_m..mmmm.<mom:.<<:m:m3m3cm..oH=6comaazmmmm38¢8:mmoS_<m_<.5... ..mm:_m«Bmmzamm. m_n:mE3om>_uu__nm=n§ 029\%ImVM >..mm:3mo...28..oH.:.m..mm.:.m<cmmzmnsma.ac..m:9..mn:...ma.._.:.mmE.__om._o:S...cm.63 o:212 osm <3...<2... muu__om=o:2.:cm8=6mu_u..ou1m8comaH018..moo:.3m..amzo:8=6>wmm3u_<3..m.uuo_:S.a:H. 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A._.<ocm.mmoooE.mo_<9.<<=_.mom_<mmomuuoS.3m.:_m=m..om.._..m...ooammmnzocm.moomcoma.88. ..o.:Emo_m.x.mO38.wcooo:m.m..8Emcoma<<____o.o<_omcoma3m.m..m_m mooBmmzzm..o.=._om._o_._m. m.>__moooimmmm.m.mn:..mo8cmmic...E8o3nmE_.o:ocEmmo.o:oco_m.x.mOaom..8 _<_.mm<memo.moo...8+2.02.».E.o:nc_u_.Em<.moom..:.._.omooP3. m._.<o:m.mco.mm_mo.ma8.muooE.3m.:.<oc <mmn cm:o.=._ma.moo<o:.m_uu__om._o._.s__cm.m.m_:ma8.oom >oo__om._o:mm.mm_<<m<m<<m_oo.._m.manwasmco:_oco..mm_c.mno_._.mnma_. <9.m.mco.3%..m_ooo__...moo. :o.=._ma._. ,3:nocmm.o.m<mom..o<E223.6:m.m_:.m.mm.mo.2_mmcnmm?moEm.«G:8..8 33.2.Em O_m.x.mO38Em.<0:...m<mm:mou=nm._o..o:..__mmoo<<o:_n___xm8cmoo..mam.ma8.Em <mom..o<. ._._._m_..x<9.8.«ac._:.m.mm._ .m..>mmcmmoz_.<. mmn_m_m.mo<o.m.o.Emmoacncu<8zoA.om?o.>uuo_.=3m:n mwm_nm:.o.Emm¢.<.om>.dmN<mmoA>uuo_..=..._m...roam.” Um?_ua<_._a8Q»msaanaom.m_.. ._.m..._mxu__.mmcc“om...203am“Um?mmom_<3”Emam?au3.95 C.\.+\\ \p&§w an 3 Ba uu:ru..33923:.D >D AGENDA ITEM #13.D.3.* Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 124 of 132 Revision Date: 6/27/2019 Revised by: AR MISSION LAKE “TIDE GATE” SERVICE AREA BOARD EF DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Randal Ensign PO BOX 3133 Kodiak, AK 99615 2019 486-5350 539-2350 randyensign53@gmail.com Craig Johnson PO Box 207 Kodiak, AK 99615 2020 486-4826 486-5000 907-654-7712 craig.johnson@edwardjones.com VACANT 2021 This board is governed by the Kodiak Island Borough Code 4.130 AGENDA ITEM #13.D.3. * Confirmation Of Mayoral Appointments to the Different Boards, Committe...Page 125 of 132 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – November 2019 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending November 30, 2019 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided 95% design documents for this project, which were reviewed by the Architectural/Engineering Review Board (ARB) on September 10, 2019. The ARB had some questions on the design and possible alternatives that were at an ARB meeting on November 5, 2019. The ARB approved the design and staff is now working on procurement of the new 1,000-gallon septic tank. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late November 2019 the Alaska Department of Environmental Conservation (ADEC) approved a work plan to landfarm the contaminated soil at the landfill. Concurrently staff has received bids and will be requesting Assembly approval on December 5, 2019 for a contract to procure a new 4,000-gallon fuel tank to replace the UST. The new tank is tentatively scheduled to be installed in spring 2020. Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed 95% design documents that were approved by both the Fire Protection Area No. 1 Board and the Architectural/Engineering Review Board. The current schedule is to issue the project for bid in early December 2019, with bids due in January 2020. AGENDA ITEM #18.B.1. November Projects Report Page 126 of 132 Projects Report – November 2019 Page 2 Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXHAUST SYSTEM Project Description: Bayside Fire Department has received a grant for the procurement and installation of a vehicle exhaust system for both garages. Prior to the project exhaust fans activate for 15 minutes when any garage door is opened, but this is inefficient and costly. The new system will connect to the exhaust pipe of each vehicle and activate when the vehicle is turned on, then automatically disconnect when the vehicle exits the garage. Current Status: Rossman Enterprises, Inc. dba Clean Air Concepts (Rossman) is the contractor for this project. As of November 2019, the system is installed and operational, although some fine tuning is still underway. A representative from Rossman traveled to Kodiak in mid- November 2019 to do startup and provide training to Bayside staff. The project is now considered substantially complete. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started work at the end of September 2019. The arrival of the new electric boilers and switchgear has been delayed due to extended manufacturing and shipping times, and the new equipment is now expected to arrive in mid- December 2019. In the interim the existing fuel boiler has been removed at KHS and installation of new underground conduits is currently underway. Change Orders this Period: None. New Exhaust Capture System Demo of KHS Fuel Boiler Underground Excavation New Conduits AGENDA ITEM #18.B.1. November Projects Report Page 127 of 132 Projects Report – November 2019 Page 3 KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. These initial design documents are scheduled to be completed by March 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost at the meeting on October 17, 2019, and JYW and RSA are now working on design. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. JYW/RSA is now working on a bid package to procure the new tank, and will then complete design for the concrete pad and piping to install the tank. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: At the end of September 2019 PND Engineers (PND) and Discovery Drilling traveled to Kodiak to drill several bore holes along the existing wall for soil sample analysis. The initial findings are AGENDA ITEM #18.B.1. November Projects Report Page 128 of 132 Projects Report – November 2019 Page 4 that bedrock is below the bottom of the existing wall, and the soil behind the wall looks has promising stability. A final report from PND with design recommendations is scheduled to be received in mid- December 2019. Change Orders this Period: None. AGENDA ITEM #18.B.1. November Projects Report Page 129 of 132 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 26,252$ 748$ 8,000$ Admin 5,000$ 5,000$ 521$ -$ 4,479$ TOTAL 40,000$ 40,000$ 26,773$ 748$ 12,479$ Original Budget Ord 2020-01A Current Budget Expenses Obligated Remaining Design 40,000$ -$ 40,000$ 12,890$ 30,408$ (3,299)$ Construction 40,000$ 40,000$ 80,000$ 21,020$ -$ 58,980$ Admin 10,000$ 20,000$ 30,000$ 2,981$ -$ 27,019$ TOTAL 90,000$ 60,000$ 150,000$ 36,891$ 30,408$ 82,701$ Original Budget Ord 2019-01C Current Budget Expenses Obligated Remaining Design 5,000$ 2,350$ 7,350$ 7,350$ -$ -$ Construction 91,390$ 25,000$ 116,390$ 356$ 115,000$ 1,034$ Admin 3,610$ 5,500$ 9,110$ 9,456$ -$ (346)$ Contingency -$ 7,150$ 7,150$ -$ -$ 7,150$ TOTAL 100,000$ 40,000$ 140,000$ 17,162$ 115,000$ 7,838$ Original Budget Current Budget Expenses Obligated Remaining Design 22,000$ 22,000$ 13,728$ 8,409$ (137)$ Admin 3,000$ 3,000$ 3,481$ -$ (481)$ TOTAL 25,000$ 25,000$ 17,209$ 8,409$ (618)$ Funding: FEMA Grant ($87,039), Fire Protection Area No. 1 ($52,961) Bayside Fire Department Exterior Improvements - 19009 Funding: Fire Protection Area No. 1 Budget and Adjustments Current Budget Status Bayside Fire Department Exhaust System - 19006 Kodiak Island Borough Project Budget Status - Period Ending November 3, 2019 Baler Building Underground Storage Tank Replacement - 18005 Funding: Fund 530 - Solid Waste Collection and Disposal Baler Building Septic System Replacement - 18004 Funding: Fund 530 - Solid Waste Collection and Disposal Project Budget Status Page 1 of 3 AGENDA ITEM #18.B.1.November Projects ReportPage 130 of 132 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending November 3, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 51,000$ 51,000$ 32,282$ 16,492$ 2,226$ Construction 650,000$ 650,000$ 49,780$ 593,000$ 7,220$ Admin 34,000$ 34,000$ 36,099$ -$ (2,099)$ Contingency 40,000$ 40,000$ -$ -$ 40,000$ TOTAL 775,000$ 775,000$ 118,161$ 609,492$ 47,347$ Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ 2,572$ 49,267$ 23,161$ Admin 25,000$ 25,000$ 1,173$ -$ 23,827$ TOTAL 100,000$ 100,000$ 3,745$ 49,267$ 46,988$ Original Budget Current Budget Expenses Obligated Remaining Design 25,000$ 25,000$ 1,454$ 22,166$ 1,380$ Construction 100,000$ 100,000$ -$ -$ 100,000$ Admin 10,000$ 10,000$ 1,532$ -$ 8,468$ Contingency 15,000$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 150,000$ 2,986$ 22,166$ 124,848$ Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 1,000$ 29,550$ 4,451$ Admin 15,000$ 15,000$ 872$ -$ 14,128$ TOTAL 50,000$ 50,000$ 1,872$ 29,550$ 18,579$ Funding: Fund 495 - Capital Project - Hospital Funding: Fund 555 - KFRC Providence Kodiak Island Medical Center Fuel Tank - 20001 Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC Kodiak Fisheries Research Center Exterior Upgrade - 20004 Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 Funding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) Project Budget Status Page 2 of 3 AGENDA ITEM #18.B.1.November Projects ReportPage 131 of 132 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending November 3, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 125,000$ 125,000$ 56,255$ 39,475$ 29,270$ Admin 25,000$ 25,000$ 2,400$ -$ 22,600$ TOTAL 150,000$ 150,000$ 58,654$ 39,475$ 51,870$ Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Project Budget Status Page 3 of 3 AGENDA ITEM #18.B.1.November Projects ReportPage 132 of 132 KODIAK ISLAND BOROUGH Meeting Type: Date:j2jlc� IIQ Please PRINT your name legibly Please PRINT your name legibly A I r �S1 QAIYS KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Convened: Recessed: Reconvened: Date: —LV-ffI / 7 Adjourned: BY: BY: ABY: D ID BY: 5/ SECOND: SECOND: Vk SECOND: � 0 SECOND: V I 1 V\N BY: / t 5 SECOND: A �1vn / Mr. Arndt Mr. Dvorak Ms. Kavanaugh YES NO Mr. Arndt Mr. Dvorak Ms. Kavanaugh YES I NO Mr. AmdtImi Mr. Dvorak Ms. Kavanaugh YES*�a V Mr. Arndt Mr. Dvorak Ms. KavanaugbA V1 Mr. Arndt Mr. Dvorak Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. S Mr. Schroeder Ms. Skinner Ms., Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: Q TOTAL: TOTAL: The mayor may not y to except in the case where only six members of the assembly are present and there is a threelthree tie vote of the as: Roberts Mayor Roberts Mayor Roberts Mayor Roberts I 17Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Conven d: BY: SECOND: C'0 VV&C;� KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: 10 Reconvened: BY: SECOND: D PO 1-4 ()VA � f\.� VAVJ�( BY: �1— Date: ( f VL7 Adjourned: BY: S A SECO D: BY: 5 A SECOND: 0,5 U NO YES I -NI YES OS Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt ✓ Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner t/ Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons V WE Symmons V Mr. Symmons Mr. Turner Mr. Turner Mr. Turner u Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR -VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: O TOTAL: The mayor may not vo a except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. brt Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Ro e s Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 •Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ]� % Regula Special -Date: 9 � Convened: BY: 1D C) SECOND: 5,0 Mr. Arndt Mr. Dvorak Ms. Kavanaugh I \/ Recessed: Reconvened: BY: 5 � BY: � 1"' SECOND: SECOND: 0� Mr. Arndt Mr. Dvorak Ms. Kavanaugh Mr. Schroeder Mr. Arndt Mr. Schroeder Mr. Dvorak Ms. Skinner Ms. Kavanaugh Ms. Skinner Mr. Schroeder Mr. Symmons V Ms. Skinner Mr. Symmons Mr. Symmons Mr. Turner V Mr. Turner Mr. Turner •WOULD ANYONE LIKE TO CHANGE TOTAL: TOTAL: (0 The mayor may not vote except in the case where only si Roberts Mayor Roberts Mr. Arndt Mr. Dvorak Ms. Kavanaugh Mr. Schroeder Ms. Skinner Mr. Symmons Mr. Turner BY: � K v � SECOND:` �� 04 itki Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Ms. Kavanaugh , Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner -HEIR VOTE? WOULD ANYONE LIKE TOTAL: TOTAL: CHANGE THEIR VOTE? TOTAL: members of the assembly are present and there is a threelthree tie vote of the as Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. 4V Regular Special Convened: BY: S�Xu� KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / Date: y// � I . 7&� Adjourned: Recessed: Reconvened: BY: t -- / SECOND: D Nmf"'A mtm MA yl� �ryIV 7,511111111 BY: D 9 SECOND: �fy BY: 1 `,/ SECOND: err BY: l? 5 0 SECOND: S d - Gam` (tel � Gly �~35✓` s Mr. Arndt Mr. Arndt Mr. Arndt V/ Mr. Arndt Mr. Arndt V Mr. Dvorak Mr. Dvorak Mr. Dvorak V Mr. Dvorak V1 Mr. Dvorak r Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaug% Ms. Kavanaugh Vi Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner tp S c c Mr. Turner WOULD_ ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: p TOTAL: 'D The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: BY: / r SECOND: TA A& UUV KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: BY: Iq �p SECOND: �k �Vv Reconvened: BY: LA� SECOND: PS MVV BY: SECOND: Date: � r/ ! Adjourned: .W 1. - ._ r,rts 1 wo i _ I YES BY: SECOND: Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner 'WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the as: Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts L • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. 12/19/19 Evening Mayor Roberts, Assembly residents of Kodiak Island Borough Members, Manger Powers and the At this time. I want to formally announce my retirement from the Bayside Fire Department to you personally effective December 4, 2020. At this time, we plan to have a new Chief in place and I will work with him / her from October 1, 2020 to the end of the month or more if wanted. I've been here at Bayside for over 4 years, and other fire departments both industrial and municipal for over 51 years. I have also been employed with industrial and service companies for another 50 years. I can only say that in my time as a firefighter, worker, supervisor, manager and inspector, I have always found that there is consistently more to learn and in that the moment you think you know it all, there is a humbling experience just around the corner. To that, I will say that I almost don't know everything - I'm always willing to admit that I may not always be right, but I am never wrong". Coming here to Kodiak and Bayside has always been interesting, challenging and different and I can say that working here in general has been an adventure. So my moving on is really just creating space for someone else to have a turn at the best job in the country. I know my family may or may not want me around but my heart will be grateful from not going from 0 to 200 at any unknown time of day or night as it has done for years. I want to say of any position, job, situation, or place I have lived or worked -- I will miss you all, Kodiak and Bayside the most. I can honestly say this is the best job anywhere! Clor` Finally, A thank you to the Fire Board of Fire Prote tion District #1, Manager Powers, Mayor Roberts, the Borough Asse ly but most of all you the members of the Bayside Fire Department. You have all made my job easy in making Bayside a better place than when I arrived. I would like to thank Assemblyman Arndt for working to get me here - he had to deal with my wife for several hours, and I was only going to stay three years - he changed that as well. Mayor Roberts was acting manager shortly after I took over and helped me work on several items that had us both scratching our heads - thank you Mr. Mayor. Manager Powers, I have enjoyed or working relationship - I have learned from you to try and keep a poker face and scorched earth may not be the best policy! Thank you. Borough Assembly December 19, 2019 — 6:30PM, Assembly Chambers 1— Intro - Aimee Williams, Executive Director, Discover Kodiak 2 — Community Involvement — ■ Kodiak Chamber of Commerce Board of Directors ■ Kodiak Chamber of Commerce Strategic Planning Committee ■ Kodiak Chamber of Commerce Small Business Forum (Chair) ■ Local Emergency Planning Committee ■ Local Non-profit Network ■ Noon Rotary ■ Alaska Tourism Industry Association Membership Committee ■ Alaska Tourism Industry Foundation Board ■ Threshold Recycling Services, Inc Board of Directors ■ Crab Festival Committee ■ Alaska Aerospace Spaceport Planning Advisory Group ■ City of Kodiak Downtown Revitalization Economic Development Subcommittee 3 — FY20 1" Quarter — July, August, September ■ Held the first annual "Adjust Your Altitude" hiking contest • Approximately 350 signed up • Over 150 people completed all seven peaks • 15 people in under 24 hours • Enamel Mug with Mountain Wrap- HEITMAN KASHEVAROFF BAROMETER PYRAMID SHARATIN NORTH MONASHKA SISTER ■ Chocolate Lover's Fling • Sold out • Raised over $5000 d 2"d Quarter— October, November, December Awarded the President's Award from the Kodiak Chamber of Commerce * 2020 Visitor's Guide • Advertising Plan for 2020 • Travel plan for 2020 ;. Great Alaskan Sportsman Show o Sea Trade Cruise Global (possibly) • Tra€lbound Alaska — Max Romey Productions www.trailboundalaska.com password — alaska • Branding of Kodiak —Brown Bear Viewing Capital of the World • Welcome signs Data goals for 2020— Technology outpaced our hardware. Purchased new iPad for the Visitor Center for gathering demographic data from visitors. 5 — Annual meeting — January 18, 2020 —1PM Kodiak Island Brewing Co. Appendix to Kodiak Island Borough Comments December 19, 2019 Kodiak Island Borough Office of the Borough Mayor 710 N ill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Chairman Reed Morisky Alaska Board of Fisheries Members Submitted via Online Comments Boards Support Section P.O. Box 115526 Juneau, AK 99811-5526 Re: Opposition to Proposals 58-66 and 37 Dear Chairman Morisky: The Kodiak Island Borough (Borough) opposes Proposals 58-66 and 37, which will be considered at the upcoming January, 2020 Alaska Board of Fisheries (Board) meeting in Kodiak. The Borough encompasses the Kodiak Management Area as defined by the Alaska Department of Fish and Game, and includes the Kodiak Archipelago and the Alaska Peninsula from Cape Douglas west to Cape Igvak. Commercial fishing in State and Federal waters around Kodiak is a major economic driver for the Borough, and fisheries tax revenues comprise a significant portion of the Borough's revenues on an annual basis. Proposals 58-66 and 37 would have substantial negative effects on Kodiak's economy and salmon fisheries, and this set of proposals simply reiterates the same arguments the Board has already addressed during each board cycle for the past 30 years. Namely, Chignik wants to change history and take away the Cape Igvak fishery and Cook Inlet wants to exert control over common property fish hundreds of miles away from Cook Inlet. Kodiak Island Borough strongly recommends that the Board maintain status quo in regard to both the Cape Igvak and Cook Inlet issues. Cape Igvak Fishery. It is critical for the Board to consider the long history and context of Kodiak salmon fishing in the Cape Igvak area, and to maintain consistency with past management decisions and strategies. The Alaska Board of Fisheries recognizes this importance of historical use by listing "the history of each personal use, sport and commercial fishery" as the first of its Allocation Criteria. Appendix to Kodiak Island Borough Comments year to year. In 2014 only a few fish are available; in 2015 larger concentrations appear in some areas but not in others and in 2016 there are "lighting strikes" at some places but not in the same places that fish appeared in 2015. Finally, across all three years the amount of Cook Inlet Sockeye captured in the Kodiak Management Area was within the amounts suggested by the Alaska Department of Fish and Game during the early 1990s. The 2014-16 genetic study is a new study but it does not provide new information relative to the presence of Cook Inlet sockeye in the Kodiak Management area. In short, there is no basis for additional restrictions on Kodiak's salmon management for local stocks because the presence of Cook Inlet sockeye in the Kodiak Management Area has already been accounted for in current management. Allocation decisions are understandably difficult for the Alaska Board of Fisheries. However, in this case the Cape Igvak and Cook Inlet fisheries each have a long standing allocation plan that was reviewed by multiple Alaska Boards of Fisheries and there is no indication of new fishing patterns or significant new information. There is no need or imperative to change Kodiak's salmon management plans and the Board should maintain the current plans already in place. Kodiak Island Borough encourages the Board to reject proposals 58-66 and 37. V truly rs, Bill Roberts, Bo ou ayor Appendix to Kodiak Island Borough Comments ALASKA COMMERCIAL FISHERIES Salmon Management .Activities A listing of the major Alaska salmon fisheries NORTON & KOTZEBUE SOUNDS CHUM SALMON f Principal River Systems: ! Kobuk, Noatak, Kwiniuk, Kotzebue and Unalakleet Rivers Sound YUKON & KUSKOKWIM RIVERS Norton Sound CIiUM & CHINOOK SALMON li: Genn: Gillnet Yukon BRISTOL BAY River SOCKEYE. COHO, CIIIJ , rzol CHINOOK SALMON Principal River Systems: Kuskokwlm Kvichak, Atagank, Naknek, Egegik,::4 River U shik, Wood, igushil4 Nushagak, Mulchatna, and Togiak Rivers Bristol Bay Gear: Gillnet ALASKA PENINSULA SocKr:Yt. & PINK SALMON Principal River Systems: Me,q k, I1nik, Sandy, Dear, Nelson Gear: Purse Seine, Gillnet 02005 Alaska t]epar mwd of fth and Game COOK INLET SOCKEYI_, CHINOOK, CHH, & COHO SALMON Principal River Systems: Susitna, Kenai, Kasilof Gear: Gillnet SOUTHEAST & YAKUTAT PINK, QIUK Carlo, SOCKEYE, & CHINOOK SAI -MON Principal River Systems: Hundreds of small streams, Situp Alsek, Tatou, Stikine, and Unuk Rivers Gear: Purse Seine, Troll, Gillnet Yakutat ID fie$ .t f Copper River 4*4 PRINCE WILLIAM SOUND PINS:. C[IuK SOCKEYE & COIIO SALMON Princlpal River Systems: Hundreds of smil streams CHIGNIK I KODIAK Gear: Purse Seine, Gilmer SOCKEYE do PINK SALMON Principal River Systems: Chignik Buskin, Pasaphak, Kaduk, and Ayakulik Rivers Gear: Purse Seine, Gillnet COPPER RIVER SOCKEYE & CFIIN'OGK SALMON Gear: GiClnet www.kodiakak.us www.facebook.com/KodiakIslandBorough @KodiakBorough Kodiak Island Borough Assembly Newsletter RECEIVED RECEIVED . RECEIVED ADOPTED AMENDED ADOPTED ELECTED APPROVED AUTHORIZED AUTHORIZED ADOPTED ADOPTED POSTPONED APPROVED DECLARED CONFIRMED www.kodiakak.us www.facebook.com/KodiakIslandBorough @KodiakBorough CONVENED INVITED ANNOUNCED