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10/07/2004 Regular MeetingKodiak Island Borough October 7, 2004 - 7:30 p.m. Ms. Gabrielle LeDoux Borough Mayor Term Expires 2004 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2004 (2006) Mr. Tuck Bonney Deputy Mayor Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2004 Mr. Robin Heinrichs Assemblymember Term Expires 2004 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Mr. Pat Car /son Borough Manager Ms. Judith A. Nielsen Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. 2. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. Kodiak Island Borough October Assembly Agenda ctober 7, 2004 Page 1 B. RESOLUTIONS Resolution No. 2005 -05 Accepting a FY 2005 Alaska Coastal Management Program (ACMP) Grant for the Purpose of Partially Funding the Amendment of the 1984 Kodiak Island Borough Coastal Management Plan (KIB CMP) and Authorizing the BorougF Manager to Enter into a Sole Source Contract with Glenn Gray and Associates for Unique Professional Services. Resolution No. 2005 -06 Adopting Recommendations on the Department of Natural Resources Recommended Revisions and Issue Response Summary Relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1 .04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. D. OTHER ITEMS 1. Revenue Accountant Hire at a Salary Range 20 Step I. 2. Review of Liquor License Renewal for Kodiak Island Winery. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS - None B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of September 13, 2004. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION A. Matters Pertaining to Personnel. 18. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside th Assembly Chambers. Kodiak Island Borough Assembly Agenda October 7, 2004 Page 2 Kodiak Island Borough October 7, 2004 - 7:30 p.m. Ms. Gabrielle LeDoux Borough Mayor Term Expires 2004 Mr. Tom Abel/ Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2004 (20061 Mr. Tuck Bonney Deputy Mayor Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2004 Mr. Robin Heinrichs Assemblymember Term Expires 2004 Mr. Cecil Ramey Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Mr. Pat Carlson Borough Manager Ms. Judith A. Nielsen Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION DRAFT 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. 2. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. Kodiak Island Borough Assembly Agenda October 7, 2004 Page 1 B. RESOLUTIONS 1. Resolution No. 2005 -05 Accepting a FY 2005 Alaska Coastal Management Prograrr (ACMP) Grant for the Purpose of Partially Funding the Amendment of the 1984 Kodiak Island Borough Coastal Management Plan (KIB CMP) and Authorizing the Borough Manager to Enter into a Sole.Source Contract with Glenn Gray and Associates for Unique Professional Services. 2. Resolution No. 2005 -06 Adopting Recommendations on the Department of Natural Resources Recommended Revisions and Issue Response Summary Relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1 .04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. D. OTHER ITEMS 1. Revenue Accountant Hire at a Salary Range 20 Step I. 2. Review of Liquor License Renewal for Kodiak Island Winery. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS - None B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of September 13, 2004. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside Assembly Chambers. Kodiak Island Borough Assembly Agenda October 7, 2004 Page 2 Meeting of: October 7, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.1 Contract No. 2004 - 51 Fiscal Year 2005 -2006 Towing Services. SUMMARY STATEMENT: The Community Development Department has advertised and solicited bids for the FY 05 -06 Towing Services Contract, which is a bi- annual service contract in support of the Borough's Junk Vehicle Removal Program. One responsive bid was received. The department's methodology in prior years has been to apply the service bid charge against recent experience with the Junk Vehicle Removal Program in order to estimate an annual service cost contract estimate. With just one responsive bid, this years' bid service charge was set against the bid service charge from the awarded FY 03 -04 contract for comparison purposes. After reviewing the bid, and calculating the projected estimates, it appears the two estimated annual contract costs are within 4 % of each other. The Community Development Department recommends that Rhino Towing be awarded the FY 05 -06 Towing Services Contract. FISCAL NOTES ACCOUNT NO. 530 - 731 - 430 -145 Solid Waste Disposal [O] N/A Expenditure Amount Required $ 13,100 ( +/ -) Budgeted APPROVAL FOR AGENDA: Manager 9ScZ-na-bp-r`— Memorandum Enc. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.k \\ dove\ Departments \CD \FN think \TowContract \FY 05 -06 \FY 05 -06 Contract Award Memo.doc9 /23/2004 Date: September 23` 2004 m1 6 To: Michelle R. Steams, AICP, Director, KIB / Community Development Department From: Martin Lydick, Associate Planner Code Enforcement RE: FY 05 - 06 Towing Services Contract The attached document, Bid Comparison Summary & Narrative, FY 05-06 Towing Services Contract, represents staffs analysis of the responsive bids received in response to Kodiak Island Borough's advertisement for towing services. This document includes staff's recommendation for award of the contract to bidder Rhino Towing. Bid Comparison Summary & Narrative FY 05 - 06 Towing Services Contract Responsive bids for the FY 05 -06 Towing Services Contract were received from one contractor, Mr. Murray A. Zimmer, dba Rhino Towing. Data Recap A review of multi -year data reveals a continuing downward trend in yearly average tows. FY 03 -04 contract cost estimates were based an average of 200 units per year. Actual units averaged 167 over the two -year period. Methodology Previous comparisons for towing services contracts each relied upon different years', i.e., calendar vs. fiscal, nominal figures of tow units for comparison purposes. The distinction appears to be the latest available full 12 -month period data for which staff had a degree of comfort with respect to data integrity. For bid comparison purposes for the FY 05 -06 Towing Services Contract, staff has chosen to use a five (5) year average, i.e., 178 units. Past practice has been to record an estimated cost only for those categories of service actually supplied during the last reporting period chosen for comparison purposes, whether that period was a calendar or fiscal year. For the purpose of comparison, staff has used "bid cost of category of service" from the FY03 -04 contract in the table below. *BWS _ Basic Wrecker Service * *HD_ Heavy Duty ** *This service is applicable for those units without wheels /tires & /or axles. The Kodiak Island Borough's most recent contractor utilized a rollback truck when necessary. The apparent low bid is $13,057 per annum (Rhino Towing) based on staff analysis of the projected services to be provided. Given the nature of the analysis, i.e., using past years' data to project future service requirements, staff considers the bid to be a realistic representation of service cost. \\ dove\ Departments \CD \ENFWunk \TowContract\FY 05 -06 \FY 05 -06 Bid Comparison Summary.doc9 /23/2004 Page 1 of 1 BWS* Dolly Service Added Weight Mileage HD ** Wrecker Mileage Extra Labor Winch Service Contract estimate Units 178 0 *" 3.5 380 3.5 160 4.5 2 FY03- 04 $9,790 $0 $70 $1,140 $420 $960 $90 $40 $12,510 Rhino $9,790 $0 $45 $1,520 $262 $960 $180 $300 $13,057 Bid Comparison Summary & Narrative FY 05 - 06 Towing Services Contract Responsive bids for the FY 05 -06 Towing Services Contract were received from one contractor, Mr. Murray A. Zimmer, dba Rhino Towing. Data Recap A review of multi -year data reveals a continuing downward trend in yearly average tows. FY 03 -04 contract cost estimates were based an average of 200 units per year. Actual units averaged 167 over the two -year period. Methodology Previous comparisons for towing services contracts each relied upon different years', i.e., calendar vs. fiscal, nominal figures of tow units for comparison purposes. The distinction appears to be the latest available full 12 -month period data for which staff had a degree of comfort with respect to data integrity. For bid comparison purposes for the FY 05 -06 Towing Services Contract, staff has chosen to use a five (5) year average, i.e., 178 units. Past practice has been to record an estimated cost only for those categories of service actually supplied during the last reporting period chosen for comparison purposes, whether that period was a calendar or fiscal year. For the purpose of comparison, staff has used "bid cost of category of service" from the FY03 -04 contract in the table below. *BWS _ Basic Wrecker Service * *HD_ Heavy Duty ** *This service is applicable for those units without wheels /tires & /or axles. The Kodiak Island Borough's most recent contractor utilized a rollback truck when necessary. The apparent low bid is $13,057 per annum (Rhino Towing) based on staff analysis of the projected services to be provided. Given the nature of the analysis, i.e., using past years' data to project future service requirements, staff considers the bid to be a realistic representation of service cost. \\ dove\ Departments \CD \ENFWunk \TowContract\FY 05 -06 \FY 05 -06 Bid Comparison Summary.doc9 /23/2004 Page 1 of 1 Bid Comparison Sheet FY 05 -06 Towing Services Contract Service (FY03 -04 Contract) 1 Basic Wrecker Service 55.00 (Per tow) (178) ($a790 00) 2 Added weight charge (Added to basic service of 5,000 to 8,000 Ibs) (3.5) 3 Heavy -duty Wrecker Service* toff (For towing vehicles > 8,000 Ibs per ($42D .bp) tO W) (3.5) 4 Tow Service Mileage ** (0.0) Empty (basic wrecker service per mile) (19) x 20 mi Loaded (basic wrecker service per mile) (19) x 20 mi Empty (heavy -duty wrecker per 3;:Oii 2.00 mile) (8) x 20 mi 440:03) = 00 Loaded (heavy duty wrecker per 3.00 mile) (8) x 20 mi ($480.00) ($6400) 5 Winch Service (per hour) (2) 20.00 11040 Minimum Charge 20.00 t50 00 00.00 1.00 ($380.00) 6 Extra Labor (when required)(per hour) (4.5) 7 Dolly Service (per tow) * ** (n /a) 00.00 ($0.0) 8 Trailer Service (per tow) * ** (n /a) 00.00 Estimated annual cost $12,530.00 20.00 ($90. Bidder Rhino Towing 55.00 ($9,790.00) 10.00 ($45.00) 75.00 ($262.50) 00.00 1.00 ($380.00) ($320.00) 4.00 40.00 (so) 4=Q $13,057.50 ( *) The rate for a heavy -duty tow truck is to be applied only when the utilization of such a truck is necessitated by the nature of the tow. When a heavy -duty tow truck is used due to the contractor's convenience or because a standard tow truck is unavailable, the basic wrecker fees apply. ( * *) Mileage rates only apply to tows beyond Bells Flats. ( * * *) These rates do not apply to a contractor using a roll back truck. \\ dove\ Departments \CD \ENFWunk \TowContract \FY 05 -06 \FY 05 -06 Bid Comparison Sheet.doc 9/23/2004 FY 05 — 06 Tow Services Contract KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and hereinafter "CONTRACTOR," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, Kodiak Island Borough Code Title 10 Chapter 10, as amended, authorizes the removal of motor vehicles from public streets and other public or private property which have been abandoned, or otherwise constitute a danger to the public health, safety, or welfare; and WHEREAS, the KIB wishes to contract for certain services associated with the towing of such vehicles; and WHEREAS, the CONTRACTOR desires to provide said services to the KB. NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. Exclusive Contract. This agreement shall constitute an exclusive services' contract between the KIB and the CONTRACTOR for the services herein specified, and the KIB covenants that it will not contract with any other private party for the provision of said services during the term hereof except on an emergency basis or when the CONTRACTOR is unavailable or does not have sufficient and proper equipment with which to perform a specific task. 2. Duration. This contract shall be in full force and effect through June 30, 2006 beginning on the date of execution. 3. Services and Equipment to be provided by CONTRACTOR. (a) Throughout the term of this contract, CONTRACTOR shall be available eight hours per day, Monday through Friday, to tow junk vehicles or other junk pursuant to the request of the Borough Manager or his authorized agent. The CONTRACTOR shall deliver junk vehicles or other junk to the KIB Landfill during normal operating hours unless other arrangements have been made with the Borough Manager or his authorized agent. C:\Documents and Settings\jnielsen\Local Settings \Temporary Internet Files \OLK13 \FY 05-06 Contract.docl0 /1/2004 Page 1 of 6 FY 05 — 06 Tow Services Contract KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and hereinafter "CONTRACTOR," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, Kodiak Island Borough Code Title 10 Chapter 10, as amended, authorizes the removal of motor vehicles from public streets and other public or private property which have been abandoned, or otherwise constitute a danger to the public health, safety, or welfare; and WHEREAS, the KIB wishes to contract for certain services associated with the towing of such vehicles; and WHEREAS, the CONTRACTOR desires to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. Exclusive Contract. This agreement shall constitute an exclusive services' contract between the KIB and the CONTRACTOR for the services herein specified, and the KIB covenants that it will not contract with any other private party for the provision of said services during the term hereof except on an emergency basis or when the CONTRACTOR is unavailable or does sufficient and proper equipment with which to perform a specific talk \\ dove\ Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 1 of 6 J ne 30, 2004 2. Duration. This contract shall be in full force and effect unti beginning on the date of execution. 3. Services and Equipment to be provided by CONTRACTOR. (a) Throughout the term of this contract, CONTRACTOR shall be available eight hours per day, Monday through Friday, to tow junk vehicles or other junk pursuant to the request of the Borough Manager or his authorized agent. The CONTRACTOR shall deliver junk vehicles or other junk to the KIB Landfill during normal operating hours unless other arrangements have been made with the Borough Manager or his authorized agent. FY 05 — 06 Tow Services Contract (b) CONTRACTOR shall only remove designated vehicles at the written request of the KIB and shall maintain and make available to the KB such records as it may require, including, but not by way of limitation, written records reflecting the date, time, and place of the towing of each vehicle and an inventory of its contents at the time of towing. This agreement includes towing services only, and no part or parts shall be removed from any vehicle other than these parts necessary to allow the safe transportation of the vehicle. Any parts so removed shall be delivered with the vehicle to the designated location. (c) The KB shall designate in writing the location to which vehicles /junk shall be delivered. This location may be changed upon written designation of the KIB. 4. Fees and Expenses. The KIB shall be responsible for and shall pay, upon monthly billings, all towing charges associated with vehicles which are towed to the designated location, and it shall be the sole responsibility of the KIB to recover any such charges from the registered owners of such vehicles or their agents where such recovery is authorized. Further, the KIB shall be responsible for payment of the CONTRACTOR's fees and expenses, as authorized by this agreement, in those instances where an official request for a tow truck is cancelled after the truck has been dispatched or where a tow truck responds to an official request in a timely manner and finds the vehicle specified in the towing request to have left the scene prior to the truck's arrival. Nothing in this agreement shall be construed as setting rates for or causing the KB to become liable for services rendered by the CONTRACTOR to private citizens merely because a KIB employee may have relayed to the CONTRACTOR by radio, telephone, or other means the citizen's request for assistance. (b) A schedule of fees to be charged is attached hereto as Schedule A and may be changed or modified only upon written agreement of the CONTRACTOR and the KIB. 5. Best Efforts /Early Termination. (a) The CONTRACTOR agrees to exert his best efforts to provide good and adequate service and to perform under this agreement with care and diligence, reasonably approximating the best art the towing business has achieved at any given time during the life of this contract. If, at any time during the life of this contract, the KIB determines in good faith that the contractor is not performing to this standard, the KIB may give the contractor written notice to correct the specified deficiency and, if not corrected within ten (10) days after such notice, the contract may be terminated immediately at the option of the KIB. \\ dove \Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 2 of 6 (b) Notwithstanding the above, the KIB may terminate this Contract at any time if it determines that the CONTRACTOR has failed to comply with State or KIB laws governing the towing of motor vehicles or if it determines that the CONTRACTOR's records are inadequate to demonstrate said compliance. 6. Disposal of Records. Upon the expiration of this contract or its early termination, the CONTRACTOR shall make available to the KIB all of its records concerning any vehicle which has been towed. All other records maintained by the CONTRACTOR pursuant to this contract shall be retained for at least three (3) years after completion of this contract and made available to the KIB upon request: Notwithstanding any other provisions of this contract, in no event shall the CONTRACTOR destroy any records maintained for this contract without the prior written consent of the KIB. 7. Insurance. (A) (B) (C) (D) FY 05 — 06 Tow Services Contract Indemnification: To the fullest extent permitted by law, Contractor; agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. Commercial General Liability insurance with a minimum of $1,000,000 per occurrence and /or aggregate combined single limit, personal Injury, bodily Injury, and property damage. Workers' Compensation insurance in accordance with all applicable statutes of the State of Alaska, including a minimum of $1,000,000 Employers Liability coverage. Vehicle Liability insurance including applicable uninsured / underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. \\ dove\ Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 3 of 6 FY 05 — 06 Tow Services Contract (E) Additional Insured: "The following shall be Additional Insureds: The Kodiak Island Borough, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees, and volunteers ". "This coverage shall be primary to the Kodiak Island Borough, and not contributing with any other insurance or similar protection available to the Kodiak Island Borough, whether other available coverage be primary, contributing or excess." (F) Continuation of Coverage If any of the above coverage's expire during the term of this contract, CONTRACTOR shall deliver renewal certificates and /or policies to the Kodiak Island Borough at least ten (10) days prior to the expiration date. CONTRACTOR shall not commence with operations under this agreement until they have obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the state of Alaska. All coverage shall be with carriers acceptable to the Kodiak Island Borough. If CONTRACTOR fails to comply with the insurance requirements of this agreement, the Kodiak Island Borough may terminate the agreement on ten days' written notice. CONTRACTOR covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with CONTRACTOR use under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. (G) Notice of Cancellation Required: Sixty (60) days Notice of Cancellation or Change, Non - Renewal, Reduction and /or Materials Change shall be sent to: Martin Lydick, Associate Planner_Code Enforcement, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, Room 205, telephone (907) 486 — 9361 \\ dove\ Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 4 of 6 (H) FY 05 — 06 Tow Services Contract Evidence of Coverage Required: CONTRACTOR shall provide to the Kodiak Island Borough at the time that the contracts are presented to them for execution, certificates of insurance and /or policies, acceptable to the Kodiak Island Borough, as listed below: Two (2) copies of Certificate of Workers' Compensation Insurance. Two (2) copies of Certificate of Commercial General Liability Insurance. Two (2) copies of Certificate of Vehicle Liability Insurance. 8. Lost Property. CONTRACTOR assumes full and exclusive responsibility for loss due to property damaged, lost, or stolen while in its' custody or control or while the CONTRACTOR is otherwise acting pursuant to this contract and agrees to hold the KIB safe and harmless against any claim, action, or suit relating to lost or stolen property. 9. Federal, State, and Municipal Laws. The CONTRACTOR covenants that at the time of execution of this contract, CONTRACTOR is in compliance with any and all federal and state laws and regulations and KIB ordinances and that CONTRACTOR shall remain and operate in compliance therewith so long as this contract is in effect. 10. State Licenses. The CONTRACTOR must possess a valid business license from the State of Alaska. In addition, all drivers used by the CONTRACTOR must have a valid driver's license from the State of Alaska. All drivers used to haul combined loads of greater than 26,000 pounds gross vehicle weight (tow truck and load) must have a valid commercial driver's license from the State of Alaska appropriate for vehicles that are required to provide the services referred to in this agreement. 11. Non - assignability. The parties stipulate and agree that the services rendered under this contract are of such a nature that the rights and duties arising to the CONTRACTOR hereunder shall not be delegable or assignable to another party. Nothing in this contract is intended, however, to restrict the CONTRACTOR in his selection of employees to carry out this contract or any of its terms. 12. Non - waiver. Failure on the part of the KIB on any one or more occasions to enforce its rights under this agreement or the rights or remedies accruing to it upon default by the CONTRACTOR of any of the provisions hereof shall not be construed as a waiver of those rights or remedies. \\ dove\ Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 5 of 6 FY 05 — 06 Tow Services Contract 13. Entire Agreement. This contract constitutes the full and entire agreement of the parties and replaces and supersedes any prior contemporaneous written or oral negotiations or agreements between them. IN WITNESS WHEREOF, these parties have signed this contract on the dates indicated below. KODIAK ISLAND BOROUGH CONTRACTOR By: By: Title: Title: Address: Address: Date: Date: ATTEST WITNESS By: By: Date: Date: \\ dove\ Departments \CD \ENF \Junk \TowContract \FY 05 -06 \FY 05 -06 Contract.doc 5/5/2004 Page 6 of 6 Meeting of: October 7, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.2 Contract No. 2004 -52 Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. This project will result in KIB owning the work product of the Marine Fiber Optic Survey between Kodiak and Anchorage with service to Kenai and Homer. The intent would be to license the contractor KKCC,LLC exclusively for a two -year period to provide sufficient time for them to install the fiber optic cable. Provisions are in place should that fail to happen along with other considerations that protect KIB's position and control of this valuable asset. Fiscal Notes: Expenditure amount: $2,473,694 Recommended motion: Move to award Contract No. 2004 -52 In the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC and authorize the manager to enter into a two -year license agreement. CONSTRUCTION and LICENSE AGREEMENT Between KODIAK ISLAND BOROUGH and KODIAK KENAI CABLE COMPANY, LLC In consideration of the mutual promises contained herein, Kodiak Island Borough ( "KIB ") and Kodiak Kenai Cable Company, LLC ( "KKCC ") hereby agree as follows: SECTION 1. SCOPE OF SERVICES 1. KKCC will prepare marine hydrographic/bathymetric surveys and associated engineering for a marine fiber optic cable link in accordance with this Construction and Licensing Agreement (the "Agreement "). KKCC will provide all labor, materials, documentation, equipment, tools and transportation as necessary to perform the survey and engineering services described in Exhibit A (the "Services "). KIB shall be the sole owner of all work product created by the Services performed under this Agreement including but not limited to plans, specifications, drawings, hydrographic data, digital files, ... ( "Work Product "). SECTION 2. COMPENSATION 1. MB will pay to KKCC a fixed price of $2,473,694.00 for the Services as set forth in Section 3 (the "Compensation "). The Compensation shall be held by (the "Escrow Agent ") in escrow for release by KIB to KKCC under the terms described in Section 3. Escrow fees and costs shall be paid from the Compensation. SECTION 3. TERMS OF PAYMENT 1. The Services to be performed under this Agreement are divided into Milestones as set forth in Exhibit A. Payment for the Services shall be made in three installments, which shall correspond to the Milestones completed as of the invoice date. For each invoice, KKCC shall deposit the Work Product completed for each invoiced Milestone into escrow with the Escrow Agent. 2. Upon receipt of the invoice and confirmation of the deposit of the Work Product into escrow, the Work Product shall be reviewed by a third party Engineer selected by KIB, who shall determine whether, in the Engineer's reasonable opinion, the Work Product is of satisfactory quality. Upon certification of the satisfactory quality of the Work Product by the Engineer, KIB shall authorize payment of the invoice by the Escrow Agent. The costs of the Engineer's services shall be paid by KKCC out of the Compensation. KIB shall retain [5 -10 %] of each invoice amount until the Services are complete. 3. After the execution of this Agreement, KKCC shall present the first invoice to KIB. KKCC shall present the second invoice to KIB in December 2004, and the third invoice in February 2005. 4. No payments shall be due while KKCC is in default in respect of any of the provisions of this Agreement and KIB may withhold from KIC the amount of any claim by a third party against either KKCC or KIB based upon an alleged failure of KKCC to and/or to perform the Services hereunder in accordance with the provisions of this Agreement. SECTION 4. LICENSE 1. KIB shall be the sole owner of all Work Product created under this Agreement. KIB shall license to KKCC the right to use the Work Product deposited into escrow under Section 3 of this Agreement under the following terms and conditions: a. Grant of License. KIB hereby grants KKCC a non - exclusive, non- transferable right to use the Work Product for a period of two years from the date of this Agreement (the "License ") for the purpose of constructing a fiber optic cable and related facilities ... (the "Fiber Optic Cable ").. b. Restrictions. KKCC may not sell, resell, lease, rent, assign, transfer, license, sublicense, publish, disclose, or otherwise distribute or grant rights to the Work Product or any part of them, including without limitation any derivative works of the Work Product, to any other individual or entity, except KKCC's own employees and subcontractors for purposes of construction and maintenance of the Fiber Optic Cable, and as required by law. c. Termination of License. Upon termination of the License, KKCC shall promptly return to KKCC all Work Product and all modifications and adaptations of the Work Product in KKCC's possession, and at KIB's discretion, shall either return or destroy any copies of the Work Product and any modifications and adaptations thereto. If KIB directs KKCC to destroy any copies of the Work Product and modifications and adaptations thereto, KKCC shall certify in writing that the same have been destroyed. d. Ownership Rights. All right, title, and interest in and to the Work Product and all copies, modifications, and adaptations thereof shall be and remain the property of KIB, and KKCC shall not take any action that would adversely affect KIB's ownership rights in any way. KKCC shall take all steps necessary to protect KKCC's proprietary rights in the Work Product. e. Renewal. If the Services under this Agreement have been completed in accordance with the schedule set forth in Exhibit A, and if the Fiber Optic Cable is laid and operational no later than the end of the two -year License 77642v2 50022 -264 2 period, KKCC shall have the option to renew the License under the following terms and conditions: [Insert Terms]. SECTION 5. PERFORMANCE PERIOD 1. The Services shall be completed in accordance with the plans, specifications, and directions of KIB no later than , 200_(the "Completion Date "). SECTION 6. DELAY 1. KKCC shall be liable for all damages that KIB may incur due to any delay in the completion of the Services hereunder or of any other obligation of the Contractor set forth herein, excepting only those delays excused by the force majeure paragraph of this section. 2. If KKCC is delayed in starting or completing Services because of a breach by KIB of any of its duties owed hereunder to KKCC, KKCC's sole and exclusive remedy shall be an extension of time for completion, commensurate with the actual extent of the delay actually caused by such breach. 3. When KKCC determines that a force majeure has or will cause a delay of Services, the date of delivery or performance of any other obligation of KKCC hereunder may be extended for a period of time equal to the time lost by reason of the delay. KKCC shall notify KIB not more than seven (7) days after the occurrence of the event that KKCC believes will result in a delay. In the absence of such notification, KKCC shall have lost the right to claim that the Services were delayed by the occurrence of such event. SECTION 7. PERMITS 1. KKCC shall obtain and maintain current for the duration of this Agreement, all required Federal, State and local licenses and permits. All costs incurred by KKCC in obtaining and maintaining permits shall be included in the Agreement price and no separate payment will be made for this work. SECTION 8. COMPLIANCE WITH FUNDING REQUIREMENTS 1. KIB's source of funding for payments made under this Agreement is a federal grant. KKCC agrees to comply, and to cause all subcontractors to comply, with all applicable local, state and federal statutes and regulations with which compliance is required under the grant. SECTION 9. ARBITRATION, DISPUTES AND CLAIMS 77642v2 50022 -264 3 1. KIB, at its sole discretion, shall have the right to require KKCC to arbitrate any and all claims, disputes and other matters in question between KIB and KKCC arising out of or relating to this Agreement or the breach thereof. KKCC agrees that, upon the written demand of KIB based on a contention of a duty of KKCC to indemnify KIB or a claim for contribution, it will become a party to any arbitration proceeding involving KIB, and any third party. [NOTE: Include reference to AAA arbitration procedures]. 2. Notwithstanding the fact that a dispute may exist between KIB and KKCC regarding any matter relating to the performance of the Services or the License, KKCC shall nevertheless proceed, when so directed by KIB, with the Services in accordance with existing specifications and established schedules. 3. The prevailing party in arbitration or litigation concerning this Agreement or any project hereunder shall be entitled to costs and a reasonable attorney's fee in addition to any damages or relief granted. SECTION 10. GOVERNING LAW AND JURISDICTION 1. All proceedings, judicial or otherwise, arising out of, or relating in any manner whatsoever to, this Agreement shall be conducted in the state or federal courts of competent jurisdiction located in the Third Judicial District, State of Alaska or, at KIB's exclusive option, through arbitration conducted in Anchorage, Alaska. Insofar as is necessary, the parties hereby consent and submit to the jurisdiction of said courts and arbitrators. This designation of venue shall not be construed to modify the provisions of Section 9 (Arbitration, Disputes and Claims). 2. This Agreement is made subject to and shall be governed and construed in accordance with the laws of the State of Alaska and the authority granted to the individual parties thereunder. 3. The headings and subheadings contained in this Agreement are used solely for convenience and do not constitute a part of the Agreement between the parties hereto, nor should they be used to aid in any manner in the construction or interpretation of this Agreement. SECTION 11. INDEMNIFICATION, DEFENSE & HOLD HARMLESS 1. Except as otherwise provided in AS 45.45.900, KKCC shall indemnify, save harmless and defend KIB, its officers, agents and employees from any and all liability, including without limitation all costs, damages, attorneys fees, and expenses, for all actions and /or claims, including without limitation claims for contribution or indemnification, resulting from deaths, injuries, loss or damages arising directly or indirectly as a result, wholly or in part, of any error, omission, act or failure to act on the part of KKCC, and /or any of its subcontractors and /or anyone, including but not limited to KIB, its officers, agents, and employees, directly or indirectly employed or utilized by 77642v2 50022 -264 4 KKCC or otherwise involved in the preparation for and/or the performance of this Agreement, or any Services awarded hereunder, including without limitation suppliers, mechanics, materialmen, sureties or insurers. SECTION 12. INDEPENDENT CONTRACTOR & AGENCY 1. KKCC agrees to perform the Services described in this Agreement as an independent contractor and not as a subcontractor, agent, or employee of KIB. 2. Nothing in this Agreement shall be interpreted to make KKCC the agent of KIB or KIB the agent of KKCC. 3. If any part of the Services are to be performed by a subcontractor, the terms and conditions of this Agreement shall apply to such subcontractor. KKCC shall administer its subcontracts. No approval of a subcontract shall relieve KKCC from any of its obligations or liabilities under this Agreement. SECTION 13. SEVERABILITY 1. If any provision of this Agreement shall be finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected by such adjudication, and the remaining provisions of the Agreement shall remain in full force and effect as if such provision so adjudicated to be invalid had not been included herein. SECTION 14. NO THIRD PARTY BENEFICIARY 1. This Agreement and all rights hereunder are intended for the sole benefit of the parties hereto, and subject only to an assignment permitted by Section 18, if any, and shall not imply or create any rights on the part of, or obligations to, any other entity not a party to this Agreement. No provision of the Agreement documents is intended nor shall be construed to be for the benefit of any third party. SECTION 15. TERMINATION 1. At any time after the acceptance of the Agreement, KIB shall have the absolute right to terminate the Agreement, in whole or in part, if in its sole discretion, it determines that either or both of the following has occured: (1) a material breach of the Agreement; or (2) an event of default as described in Section 16. In addition to such rights of termination, KIB reserves any and all rights it may have by law. 2. KIB shall within thirty (30) days after termination of the Agreement make payment to KKCC for services rendered up to the time of termination less any disputed amounts, unless the termination is a product of KKCC's failure to perform the Services as agreed. 77642v2 50022 -264 5 3. Upon such notice of termination, KKCC shall stop the performance of Services hereunder except as may be necessary to carry out such notice of termination, and take any other action toward termination of the Services, which KIB may reasonably direct. 4. If KIB terminates a portion of the Services covered by the Agreement, KKCC shall continue to perform all portions of the Services not terminated; as to the portions of the Services not terminated, the Agreement shall remain in full force and effect. In no event shall KIB be liable to KKCC for any anticipated profits on any portion of the Services terminated by KIB or for any other sum except as set forth in this Agreement. The remedies of KKCC specified herein shall constitute the exclusive remedies of KKCC in the event of termination, in whole or in part, by KIB. In no event shall KIB pay KKCC termination costs aggregating in excess of the Agreement price. 5. Upon any termination of this Agreement, all of the terms and provisions of the Agreement shall remain in full force and effect as to all Work Product or Services delivered to KIB prior to or in connection with such termination. 6. In the event of KIB's failure or inability to perform, KKCC reserves any and all rights it may have by law. SECTION 16. DEFAULT 1. The following events shall be considered Events of Default under this Agreement: a. The failure of KKCC to meet any scheduled Milestones as set forth in Exhibit A. b. The failure of KKCC to complete a Milestone within the budgeted dollar amount set forth for that Milestone, unless KKCC provides funds to pay for any such overage, and holds KIB harmless for any claims related to such overages. c. The breach by KKCC of any warranty set forth in Section 17 of this Agreement. d. The Fiber Optic Cable is not laid and operational at the expiration of the initial License period. [NOTE: SHOULD THERE BE COMMITMENTS FOR INTERIM CONSTRUCTION STAGES ?] SECTION 17. WARRANTIES AND REPRESENTATIONS 1. KKCC expressly represents and warrants that it is a validly formed limited liability company in good standing under the laws of the State of Alaska, and that it is in 77642v2 50022 -264 6 all respects qualified to enter into this Agreement and perform the Services contemplated by the Agreement. 2. KKCC further represents and warrants that it has carefully examined the proposed Agreement and understands the local conditions and other matters which might affect the performance and cost of the Services and it is satisfied that the Services can be performed on the schedule and at the costs set forth on Exhibit A. KKCC represents that it has identified subcontractors who are necessary to complete the Services and that the subcontractors are in all respects qualified to perform the Services, or portions, thereof, for which they have been or will be hired. SECTION 18. NOTICES AND CORRESPONDENCE 1. Any notice hereunder shall be in writing, and shall be deemed given when personally delivered or on the second business day following its deposit in the U.S. mail, registered or certified, return receipt requested, or other nationally (U.S.) recognized courier service addressed to the intended recipient at the address for such intended recipient set forth below or such other address as the intended recipient shall have previously given by notice to the sender. If to KIB If to KKCC 2. Any notice or communication given by personal delivery or sent by overnight carrier, telegram, telex, or facsimile in the manner set forth above shall be deemed given upon receipt. Any party hereto may change its notice address by giving notice to the other parties, in the manner set forth herein; provided, however, that no change of address notice shall be effective until received by the other party. SECTION 19. EQUAL OPPORTUNITY 1. KKCC represents that it is in compliance with applicable laws, regulations, and orders with respect to equal employment opportunity and either has heretofore provided or will provide to KIB the certifications and representations regarding equal employment opportunity that KIB may require under such laws, regulations and orders. KKCC further agrees to: 77642v2 50022 -264 7 a. Comply with all applicable provisions of 7 AAC Chapter 78; b. Post in conspicuous places, accessible to employees and applicants for employment, at the location of the Services, notices setting forth the provisions of AS 18.80.220. c. State, in solicitations or advertisements for employees to perform the Services, that KKCC is an equal opportunity employer and that all qualified applicants will be considered for employment without regard to race, religion, color, national origin, age, physical handicap, sex, or marital status. d. Send to each labor union or representative of workers with which KKCC has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the KKCC's commitments to equal employment opportunity and post copies of this notice in conspicuous places accessible to employees and applicants for employment at the location of the Services. e. Promptly comply with all directives issued by any local, state or federal agency which KIB considers essential to ensure compliance with local, state and federal laws, regulations and ordinances relating to the prevention of discriminatory employment practices. f. Require all subcontractors who perform any portion of the Services to comply with this Section 17. SECTION 20. ASSIGNMENTS 1. Except insofar as this Agreement specifically permits assignments, any assignments by KKCC of its interest in any part of this Agreement or any delegation of duties under this Agreement without the express written consent of KIB shall be void, and any attempt by KKCC to assign any part of its interest or delegate duties under this Agreement shall give KIB the right to immediately terminate this Agreement without any liability for Work Product received or Services performed. SECTION 21. PROPRIETARY AND CONFIDENTIAL INFORMATION 1. KIB and KKCC hereby acknowledge that, for the initial License period and any extension thereof, the Work Product includes confidential business information of KKCC. Except to the extent necessary to comply with the valid order of a governmental entity or court of competent jurisdiction, all information and data, including Work Product, regardless of form, that is received from KKCC and/or prepared by KKCC for this Agreement shall be treated as confidential by KIB and KIB shall not disclose such information or data to competitors of KKCC. Notwithstanding the foregoing, KIB is free to use the Work Product and other information and data for its own purposes and to 77642v2 50022 -264 8 license its use to other parties who are not competitors of KKCC, provided that any such licensee agrees to maintain the confidentiality of the information provided. SECTION 22. SUCCESSORS IN INTEREST 1. Each and every clause and provision herein contained shall be binding upon and inure to the benefit of the successor, heirs and assigns of the parties hereto and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. SECTION 23. ENTIRE AGREEMENT 1. The terms of this Agreement and any provisions adopted by reference or otherwise incorporated into this Agreement set forth the full intent of the parties regarding the matters covered by this Agreement. Neither party is relying on or may rely on any written or oral collateral, prior, or contemporaneous agreements, assurances, representations or warranties not set forth in this Agreement. No modifications of this Agreement shall be implied in law or equity, nor may any part hereof be amended, supplemented, waived or modified without an instrument in writing signed by both parties. KIB may terminate the Agreement without prior approval of KKCC; termination must be in writing. FOR: KODIAK ISLAND BOROUGH BY: NAME: TITLE• FOR: KODIAK KENAI CABLE COMPANY, LLC BY: NAME: TITLE: 77642v2 50022 -264 9 DATE: DATE: [Insert Milestone Schedule] EXHIBIT A 77642v2 50022 -264 10 CONSTRUCTION and LICENSE AGREEMENT Between KODIAK ISLAND BOROUGH and KODIAK KENAI CABLE COMPANY, LLC In consideration of the mutual promises contained herein, Kodiak Island Borough ( "KIB ") and Kodiak Kenai Cable Company, LLC ( "KKCC ") hereby agree as follows: SECTION 1. SCOPE OF SERVICES 1. KKCC will prepare marine hydrographic/bathymetric surveys and associated desktop stu ' es engineering, and permitting for a marine fiber optic cable link in accordance with this Construction and Licensing Agreement (the "Agreement "). KKCC will provide all labor, materials, documentation, equipment, tools and transportation as necessary to perform the survey and engineering services described in Exhibit A (the "Services ") KIB shall be the sole owner of all work product created by the Services performed under this Agreement including but not limited to plans, specifications, drawings, hydrographic data, digital files,— ( "Work Product "). SECTION 2. COMPENSATION 1. KIB will pay to KKCC a fixed price of $2,473,694.00 for the Services as set forth in Section 3 (the "Compensation "). The Compensation shall be held by (the "Escrow Agent ") in escrow for release by KIB to KKCC under the terms described in Section 3. Escrow fees and costs shall be paid from the KIB administrative expen line ite of $74.639 included in the Compensation. SECTION 3. TERMS OF PAYMENT 1. The Services to be performed under this Agreement are divided into Milestones as set forth in Exhibit A. Payment for the Services shall be made in three installments, which shall correspond to the Milestones completed as of the invoice date. For each invoice, KKCC shall deposit the Work Product completed for each invoiced Milestone into escrow with the &crow Agent. Borough M anaer Where th e Work Product comprises intangible work effort KKCC shall subm a written s tatement of the ercent c mpleti on of that t ask as of he i nvoice date. 2. Upon receipt of the invoice and confirmation of the deposit of the Work Product into „s.,r„w the -Work Product shall be rcvi wod by _ _ l , _. _ > ... ...,, � ...... party �.rblati;i' s�l,.cicd by KIB shall authorize payment of the invoices Agent. T� o costs of the Engineer's cervices shall be paid by KKCC out of the KOD003 0001 fi0211018.002CR 10/7/04 Coneasatien. KIB shall retain f5-10 %} of each invoice amount until the Services are complete. 3. After the execution of this Agreement, KKCC shall present the first invoice to KIB. KKCC shall present the second invoice to KIB in December 2004, and the third invoice in February 2005. 4. No payments shall be due while KKCC is in default in respect of any of the provisions of this Agreement and KIB may withhold from KIGKKCC the amount of any claim by a third party against either KKCC or KIB based upon an alleged failure of KKCC- te- and{er to perform the Services hereunder in accordance with the provisions of this Agreement. SECTION 4. LICENSE 1. KIB shall be the sole owner of all Work Product created under this Agreement. KIB shall license to KKCC the right to use the Work Product deposited into escrow under Section 3 of this Agreement under the following terms and conditions: a. Grant of License. KIB hereby grants KKCC a non an exclusive, non- transferable right to use the Work Product for a period of two and one half years from the date of this Agreement (the "License ") for the purpose of constructing sits nrowosed fiber optic cable and related facilities -(the "Fiber Optic Cable " ), b. Restrictions. KKCC may not sell, resell, lease, rent, assign, transfer, license, sublicense, publish, disclose, or otherwise distribute or grant rights to the Work Product or any part of them, including without limitation any derivative works of the Work Product, to any other individual or entity, except KKCC's own employees -anst . aeents. advisors. contractors subcontractors and potential subcontractors for purposes of construction and maintenance of the Fiber Optic Cable, and as required by law. c. Termination of License. Upon-At KIB's discretion, upon termination of the License KKCC shall promptly retum to KKCCKIB all Work Product and all modifications and adaptations of the Work Product in KKCC's possession, and at KIB's discretion, or shall either return or destroy any copies of the Work Product and any modifications and adaptations thereto. If KIB directs KKCC to destroy any copies of the Work Product and modifications and adaptations thereto, KKCC shall certify in writing that , the same have been desu0ynd. d. Ownership Rights. -AllExceot to the extent of the license created herein all right, title, and interest in and to the Work Product and all copies, modifications, and adaptations thereof shall be and remain the property of KIB, and KKCC shall not take any action that would adversely affect 77612v2 50022 264 2 ANC 77869v2 51081 -9 - KOD003 0001 00211018.002CR 10/7/04 KIB's ownership rights in any way. KKCC shall take all steps necessary to protect KKCC's proprietary rights in the Work Product. e. Renewal. If the Services under this Agreement have been completed in accordance with the schedule set forth in Exhibit A, and if the Fiber Optic Cable is laid and operational no later than the end of the two- and one half year License period, KKCC shall have the option to renew the License under the following terms and conditions: • The license shall be non - exclusive; • - The license shall b effe ctive for a 20 -vear period renewable at the discretion of KKCC for two addition 5 -year periods provided that the KKCC fiber -optic cable continues to serve Kodiak and the Kenai Peninsula, [Insert Terms]. SECTION 5. PERFORMANCE PERIOD 1. The Services shall be completed ' - di. e Klan later than _, 200 September 30, 2005 (the "Completion Date "). SECTION 6. DELAY 1. KKCC shall be liable for all direct damages that KIB may incur due to any delay in the completion of the Services hereunder cct forth herein, excepting only those delays excused by n orce maieure or her causes not within the control of KKCC which c ould not be avoided by the exerci e of due care by KKCr 2. If KKCC is delayed in starting or completing Services because of a breach by KIB of any of its duties owed hereunder to KKCC, KKCC's sole and exclusive remedy shall be an extension of time for completion, commensurate with the actual extent of the delay actually caused by such breach 3. When KKCC determines that a force majeure or some other event not within the ontrol of KKCC which c n be a voi d e d by the e(er ise of du care by K['C has or will cause a delay of Services, the date of delivery or performance of any other obligation of KKCC hereunder be obligation „a.a,.w,uer may vo extended for a period of rime equal to the time lost by reason of the delay. KKCC shall notify KIB not more than seventhirtv e30) days after the occurrence of the event that KKCC believes will result in a delay. In the absence of such notification, KKCC shall have lost the right to claim that the Services were delayed by the occurrence of such event. 77612v2 50022 264 3 ANC 77869y7 51081 -9 KOD003 0001 fi0211018.002CR 10/7/04 SECTION 7. PERMITS 1. KKCC shall obtain and maintain current for the duration of this Agreement, all required Federal, State and local licenses and permits. All costs incurred by KKCC in obtaining and maintaining permits shall be included in the Agreement price -and no separate payment will be made for this work. SECTION S. COMPLIANCE WITH FUNDING REQUIREMENTS 1. KIB's source of funding for payments made under this Agreement is a federal grant. KKCC agrees to comply, and to cause all subcontractors to comply, with all applicable local, state and federal statutes and regulations with which compliance is required under the grant. SECTION 9. ARBITRATION, DISPUTES AND CLAIMS --aTB, at its sole discretion, shall have tho right to require KKCC to arbitrate any and all claims, disputes and other matters in question between KIB and KKCC ar ou t •�, T nand of KIB based on a contcnti n of a duty of KKCC to indemnify KB) or a claim for contributien, it will become a party to any arbitration proceeding involving KIB, and any third party. [NOTE: Include reference to AAA arbitration procedures]. 1. Anv and all disputes claims or disapreerr c nts arising between the parties hereto shall be subject t to indin arbitration conducted under the commercial arbitration rules of the American Arbitration Associa ion which arbitration shall be held in Anchor a , e Alaska. The arbitration award may be enforced by anv court having iurisdiction over the 2. Notwithstanding the fact that a dispute may exist between KIB and KKCC regarding any matter relating to the performance of the Services or the License, KKCC shall nevertheless proceed, when so directed by KIB, with the Services in accordance with existing specifications and established schedules. 3. The substantially prevailing party in the arbitration or litigation concerning this Agreement or any project hereunder shall be entitled to costs and a reasonable attorney's fee in addition to any damages or relief granted. SECTION 10. GOVERNING LAW AND JURISDICTIOl i 1. exclusive option, through arbitration conducted in Anchorage, Alaska. Insofar as is Section 9 (Arbitration, Dispute's and Claims)?. This Agreement is made subject to 77612v2 50022 261 ANC 778690 -9 KOD003 0001 fi0211018.002CR 10/7/04 4 and shall be governed and construed in accordance with the laws of the State of Alaska and the authority granted to the individual parties thereunder. 372. The headings and subheadings contained in this Agreement are used solely for convenience and do not constitute a part of the Agreement between the parties hereto, nor should they be used to aid in any manner in the construction or interpretation of this Agreement. SECTION 11. INDEMNIFICATION, DEFENSE & HOLD HARMLESS 1. Except as otherwise provided in AS 45.45.900, KKCC shall indemnify, save harmless and defend KM, its officers, agents and employees from any and all liability, including without limitation all costs, damages, reasonable attorneys fees, and expenses, for all actions and/or claims, including without limitation claims for contribution or indemnification, resulting from deaths, injuries, loss or damages arising directly or indirectly as a result, wholly or in part, of any error, omission, act or failure to act on the part of KKCC, and/or any of its subcontractors and/or anyone, including but not limited to KM, its officers, agents, and employees, directly or indirectly employed or utilized by KKCC or otherwise involved in the preparation for and/or the performance of this Agreement, or any Services awarded hereunder, including without limitation suppliers, mechanics, materialmen, sureties or insurers. SECTION 12. INDEPENDENT CONTRACTOR & AGENCY 1. KKCC agrees to perform the Services described in this Agreement as an independent contractor and not as a subcontractor, agent, or employee of KIB 2. Nothing in this Agreement shall be interpreted to make KKCC the agent of KM or KM the agent of KKCC. 3. If any part of the Services are to be performed by a subcontractor, the terms and conditions of this Agreement shall apply to such subcontractor. KKCC shall administer its subcontracts. No approval of a subcontract shall relieve KKCC from any of its obligations or liabilities under this Agreement. SECTION 13. SEVERABILITY 1. If any provision of this Agreement shall be finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall be unaffected by such adju and the remai": provisions of the A - b pry '' °'�� Agreement shall remain in full force and effect as if such provision so adjudicated to be invalid had not been included herein. SECTION 14. NO THIRD PARTY BENEFICIARY 77612v2 50022 261 5 ANC 77869v2 51081 -9 KOD003 0001 00211018.002CR 10/7/04 1. This Agreement and all rights hereunder are intended for the sole benefit of the parties hereto, and subject only to an assignment permitted by Section 18, if any, and shall not imply or create any rights on the part of, or obligations to, any other entity not a party to this Agreement. No provision of the Agreement documents is intended nor shall be construed to be for the benefit of any third party. SECTION 15. TERMINATION 1. At any time after the acceptance of the Agreement, KIB shall have the absolute right to terminate the Agreement, in whole or in part, if in its sole discretion, it determines that either or both of the following has eeettredoccurred: (1) a material breach of the Agreement after notice is eiven by KIB which breach has not been cured within thirty (30) days of the delivery of such notice; or (2) an event of default as described in Section 16. In addition to such rights of termination, KM reserves any and all rights it may have by law. 2. KIB shall within thirty (30) days after termination of the Agreement make payment to KKCC for services rendered up to the time of termination less any disputed amounts, unless the termination is a product of KKCC's failure to perform the Services as agreed. 3. Upon such notice of termination, KKCC shall stop the performance of Services hereunder except as may be necessary to carry out such notice of termination, and take any other action toward termination of the Services, which KIB may reasonably direct. 4. If KIB terminates a portion of the Services covered by the Agreement, KKCC shall continue to perform all portions of the Services not terminated; as to the portions of the Services not terminated, the Agreement shall remain in full force and effect. In no event shall KIB be liable to KKCC for any anticipated profits on any portion of the Services terminated by KM or for any other sum except as set forth in this Agreement. The remedies of KKCC specified herein shall constitute the exclusive remedies of KKCC in the event of termination, in whole or in part, by KIB In no event shall KIB pay KKCC termination costs aggregating in excess of the Agreement price. 5. Upon any termination of this Agreement, all of the terms and provisions of the Agreement shall remain in full force and effect as to all Work Product or Services delivered to KIB prior to or in connection with such termination. 6. In the event of KIB's failure or inability to perform, KKCC reserves any and all rights it may have by law. SECTION 16. DEFAULT 1. The following events shall be considered Events of Default under this Agreement: 77642v2 50022 264 6 ANC 778690 51081 -9 KOD003 0001 f10211018.002CR 10/7/04 a. The failure of KKCC to meet any scheduled Milestones as set forth in Exhibit A. b. The failure of KKCC to complete a Milestone within the budgeted dollar amount set forth for that Milestone, unless KKCC provides funds to pay for any such overage, and holds KIB harmless for any claims related to such overages. c. The breach by KKCC of any warranty set forth in Section 17 of this Agreement. d. Failure of KKCC to execute a contract for only and construction of the cable s ystem no later than December 15 2005 e. c1 —The Fiber Optic Cable is not laid and operational at the expiration of the initial License period. [NOTE: SHOULD THERE BE COMMITMENTS FOR INTERIM CONSTRUCTION STAB?] SECTION 17. WARRANTIES AND REPRESENTATIONS 1. KKCC expressly represents and warrants that it is a validly formed limited liability company in good standing under the laws of the State of Alaska, and that it is in all respects qualified to enter into this Agreement and perform the Services contemplated by the Agreement. 2. KKCC further represents and warrants that it has carefully examined the proposed Agreement and understands the local conditions and other matters which might affect the performance and cost of the Services and it is satisfied that the Services can be performed on the schedule and at the costs set forth on Exhibit A. KKCC represents that it has identified subcontractors who are necessary to complete the Services and that the subcontractors are in all respects qualified to perform the Services, or portions, thereof, for which they have been or will be hired. SECTION 18. NOTICES AND CORRESPONDENCE 1. Any notice hereunder shall be in writing, and shall be deemed given when personally delivered or on the second business day following its deposit in the U.S. mail, registered or certified, return receipt requested, or other nationally (U.S.) recognized courier service addressed to the intended recipient at the address for such intended recipient set forth helnw nr enrh ether address intended i re s h a ll h ave previously given by notice to the sender. the •..eiiiaent shall have � vuu If to KIB 77612v2 50022 261 7 ANC 778690 51081 -9 K0130030001 00211018.002CR 10/7/04 M naeer. Kodiak Island Boroueh 710 Mill Ba R.ad Kodiak AK 99615 If to KKCC 77612v2 50022 261 KOD003 0001 60211018.002CR 10/7/04 % Jamin Ebell Schmitt &Mason 1007 W Third Ave Ste 201 n hors • e AK 99501 2. Any notice or communication given by personal delivery or sent by ovemight carrier, telegram, telex, or facsimile in the manner set forth above shall be deemed given upon receipt. Any party hereto may change its notice address by giving notice to the other parties, in the manner set forth herein; provided, however, that no change of address notice shall be effective until received by the other party. SECTION 19. EQUAL OPPORTUNITY 1. KKCC represents that it is in compliance with applicable laws, regulations, and orders with respect to equal employment opportunity and either has heretofore provided or will provide to KIB the certifications and representations regarding equal employment opportunity that KIB may require under such laws, regulations and orders. KKCC further agrees to: a. Comply with all applicable provisions of 7 AAC Chapter 78; b. Post in conspicuous places, accessible to employees and applicants for employment, at the location of the Services, notices setting forth the provisions of AS 18.80.220. c. State, in solicitations or advertisements for employees to perform the Services, that KKCC is an equal opportunity employer and that all qualified applicants will be considered for employment without regard to race, religion, color, national origin, age, physical handicap, sex, or marital status. d. Send to each labor union or representative of workers with which KKCC has ._ t.. a _... agre em e nt ..r e th e r co ntr ac t o.. understanding, a llaa a collective vas 5 agreement or ether contract or wlucinaal�au�� u notice advising the labor union or workers' representative of the KKCC's commitments to equal employment opportunity and post copies of this notice in conspicuous places accessible to employees and applicants for employment at the location of the Services. 8 e. Promptly comply with all directives issued by any local, state or federal agency which KIB considers essential to ensure compliance with local, state and federal laws, regulations and ordinances relating to the prevention of discriminatory employment practices. f. Require all subcontractors who perform any portion of the Services to comply with this Section 4-749. SECTION 20. ASSIGNMENTS 1. Except insofar as this Agreement specifically permits assignments, any assignments by KKCC of its interest in any part of this Agreement or any delegation of duties under this Agreement without the express written consent of KIB (which shall not b- unreasonably withheld or delaved shall be void, and any attempt by KKCC to assign any part of its interest or delegate duties under this Agreement shall give KIB the right to immediately terminate this Agreement without any liability for Work Pr duct received or Sepvieesi3e1401119e4. SECTION 21. PROPRIETARY AND CONFIDENTIAL INFORMATION 1. KIB and KKCC hereby acknowledge that, for the initial License period and any extension thereof, the Work Product includes confidential business information of KKCC. Except to the extent necessary to comply with the valid order of a governmental entity or court of competent jurisdiction, all information and data, including Work Product, regardless of form, that is received from KKCC and/or prepared by KKCC for this Agreement shall be treated as confidential by KIB and KM shall not disclose such information or data to competitors of KKCC. Notwithstanding the foregoing, KM is free after the original exclusive license en riod to use the Work Product and other information and data for its own purposes and to license its use to other parties-whe-ar-e-not competitors of KKCC, provided 1(00003 0001 fi0211018.002CR 10/7/04 such purooses do not include an ac ivity in competition with the Fi er Optic able. SECTION 22. SUCCESSORS IN INTEREST 1. Each and every clause and provision herein contained shall be binding upon and inure to the benefit of the successor, heirs and assigns of the parties hereto and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. SECTION 23. ENTIRE AGREEMENT 1. The terms of this Agreement and any provisions adopted by reference or otherwise incorporated into this Agreement set forth the full intent of the parties regarding the matters covered by this Agreement. Neither party is relying on or may rely on any written or oral collateral, prior, or contemporaneous agreements, assurances, representations or warranties not set forth in this Agreement. No modifications of this 77612v2 50022 261 9 ANC 77869v2 510R1 -9 Agreement shall be implied in law or equity, nor may any part hereof be amended, supplemented, waived or modified without an instrument in writing signed by both parties. KIP may tcrminato tho Agreement without prior a r val of KKCC; termination must be in writing. SECTION 24. COUNTERPARTS AND EFFECTIVENESS 1. This Agreement and any amendments, waivers, consents or supplements her or in connection herewith may be executed in anv number of counte roarts and by different art'es he a in rate counte arts each of which when so executed and delivered shall be deemed an ri in . but all such counte arts together shall constitu e hut one and the same instrumentL.signature pages may be detached from multiple separate counteroarts and attached to a single counteroart so that all ignature pages are nhvsical]v attached to A the same docunt. This gr me eement shall become effective upon the execution of a counteroart rties hereto. FOR: KODIAK ISLAND BOROUGH BY: NAME: TITLE FOR: KODIAK KENAI CABLE COMPANY, LLC BY: NAME- TITLE. 77642v2 50022 261 10 ANC 77869v2 51081 -9 1(00003 0001 fi0211018.002CR 10/7/04 DATE: DATE: Invoice # 3 I 1 l 0$ 0$ o$ 0 $ 0$ 0$ 093'1.9$ 099'99$ 0$ $105,000 $231,800 $216,725 1 SZS'8ti1$ Z # aolonul 1 lino± 1 0$ p$ 0$ 0 $ 0$ 0$ 33 O93'93$ SLt'9L$ 0$ $45,000 $147,725 (£LL't £S6'Z£l$ l# ealonul Ielol 698'93 1.$ 001.'899$ OOL'£1$ 683`00£$ 'St/9 l$ SOL'EOb$ 0$ SL1`9L$ 091'981$ 639'61.0'3$ 0$ ($201,953) $1,817,576 I__ Total Amt 008'181$ 001.'899$ SOZ'ZZ9$ 009'L8$ I 091'981'$ $150,000 $74,639 I b69'ELb'Z$ I Items J 698 OOL'£1$ 683'00£$ 1.S1'Sl$ SOL'£01'$ 009`8lZ$ eumseirwl Offshore hydro : raphic/bathymetric route surveys report En : ineerin : foundation studies preparatory to hydrographic surveys a. Permittin: feasibility & initiation b. Desktop feasibility studies c. Systems engineering and design studies d. Additional expenses En_ineerin: reviews of system design, cable specs, installation Permittin:, desktop, systems, & route engineering consulting . a. Permittin:, landing site, systems & engineering studies b. Final permits, landing site & aquatic lands approvals Shallow water /near -shore marine surveys Kodiak Island Borough administrative expenses Subtotal MB 10% retainage (refunded with 3rd invoice) :1nlo.L N CO I Tt 1 5 1 ° Era a. cc w • co o Z O < O 0 O 0 CC c CD N Z O m MILESTONE SCHEDULE Kodiak Kenai Fiber Link Meeting of: October 7, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.1 Resolution No. FY 2005 -05 Accepting a FY 2005 Alaska Coastal Management Program (ACMP) Grant for the Purpose of Partially Funding the Amendment of the 1984 Kodiak Island Borough Coastal Management Plan (KIB CMP) and Authorizing the Borough Manager to Enter into a Sole Source Contract with Glenn Gray and Associates for Unique Professional Services. SUMMARY STATEMENT: The KIB CMP has not been revised since its inception in 1984. A comprehensive revision will be necessary to update the plan and to bring it into compliance with the new regulatory requirements passed in 2003. The KIB has been an active participant in ACMP consistency reviews, and therefore requested maximum funding from the Department of Community and Economic Development (DCED) for this plan revision. A grant in the amount of $46,000.00 has been awarded to the KIB. Staff believes that this grant will not fully fund the required amendment process and that there will be additional contributions of KIB staff time to facilitate the public process, gather and incorporate relevant data, and manage the contractor and deliverables. However, this is the maximum amount of funds being offered by the State at this time to amend the KIB CMP. The KIB contracted with Glenn Gray and Associates to complete the KIB CMP plan evaluation (attached) in July 2004. The time schedule for completion of the KIB CMP Plan Amendment is very strict due to state - imposed deadlines. The attached Assembly Resolution would accept the FY'05 Plan Amendment funds from DCED and authorize the Borough Manager to enter into a sole source contract for $38,000.00 with this same contractor that prepared the KIB CMP Plan Evaluation and therefore has unique qualifications. The remaining $8000.00 of the grant funds would assist in the funding of KIB staff time, travel, mapping, equipment and supplies. Also attached is a copy of the FY '05 proposed Grant Agreement, Attachment A -Work Program, with the DCED for the KIB CMP FY'05 Plan Amendment process. Fiscal Notes: APPROVAL FOR AGENDA• t 0 Recommended motion: Move to adopt Resolution No. FY 2005 -05. KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -05 Introduced by Manager Carlson Requested by: Manager Carlson Drafted by: Community Development Introduced: October 7, 2004 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING A FY 2005 ALASKA COASTAL MANAGEMENT PROGRAM (ACMP) GRANT FOR THE PURPOSE OF PARTIALLY FUNDING THE AMENDMENT OF THE 1984 KODIAK ISLAND BOROUGH COASTAL MANAGEMENT PLAN (KIB CMP) AND AUTHORIZING THE BOROUGH MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH GLENN GRAY AND ASSOCIATES FOR UNIQUE PROFESSIONAL SERVICES WHEREAS, the Alaska Coastal Management Program (ACMP) provides stewardship for Alaska's rich and diverse coastal resources to ensure a healthy and vibrant Alaskan coast that efficiently sustains long -term economic and environmental productivity; and WHEREAS, the Kodiak Island Borough (MB) is considered a local District and has been a participant in the ACMP since 1984; and WHEREAS, the MB applied for a grant from the Department of Community and Economic Development (DCED) for funding to assist in the amendment of the 1984 KIB CMP; and WHEREAS, the ACMP was significantly amended by the Alaska Department of Natural Resources (ADNR) during this past year and the 1984 KIB CMP no longer meets the newly adopted ADNR regulations or reflects the most recent issues, goals and objectives of the Kodiak Island Borough with respect to coastal management; and WHEREAS, per the requirements of the ACMP, Office of Project Management and Permitting (OPMP), ADNR, and the DCED, Glenn Gray and Associates prepared a KIB CMP Plan Evaluation in July 2004 which evaluated the 1984 MB CMP Plan against the newly adopted contents of AS 46.40, 11 AAC 110, 11 AAC 112 and 11 AAC 114; and WHEREAS, Alaska Statutes Chapter 46.40.20, states that the Alaska Coastal Management Program (and therefore the local KIB District Plan) must be consistent with the following objectives: (1) The use, management, restoration, and enhancement of the overall quality of the coastal environment; (2) The development of industrial or commercial enterprises that are consistent with the social, cultural, historic, economic, and environmental interests of the people of the state; (3) The orderly, balanced utilization and protection of the resources of the coastal area consistent with sound conservation and sustained yield principles; (4) The management of coastal land and water uses in such a manner that, those uses which are economically or physically dependent on a coastal location are given higher priority when compared to uses which do not economically or physically require a coastal location; Kodiak Island Borough, Alaska Resolution No. FY 2005 -05 Page 1 of 2 (5) The protection and management of significant historic, cultural, natural, and aesthetic values and natural systems or processes within the coastal area; (6) The prevention of damage to or degradation of land and water reserved for their natural values as a result of inconsistent land or water usages adjacent to that land; (7) The recognition of the need for a continuing supply of energy to meet the requirements of the state and the contribution of a share of the state's resources to meet national energy needs; (8) The full and fair evaluation of all demands on the land and water in the coastal area; and WHEREAS, the acceptance of the grant award is necessary in order to utilize the funding to assist in the KIB CMP Plan Amendment process for completion by July 1, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to accept the FY '05 Alaska Coastal Management Program grant funds in the amount of $46,000; to administer those funds as partial funding of the amendment process for the 1984 KIB CMP; and to enter into a contract with Glenn Gray and Associates for assistance with the KIB CMP Plan Amendment process. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2004 Judith Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY 2005 -05 Page 2 of 2 Kodiak Island Borough Coastal Management Plan Plan Evaluation Submitted to the Alaska Department of Natural Resources July 21, 2004 EXECUTIVE SUMMARY The Kodiak Island Borough (KIB) Coastal Management Plan (CMP) has not been revised since its inception in 1984. A comprehensive revision will be necessary to update the plan and to bring it into compliance with the new requirements. The KIB has been an active participant in Alas Coastal Management Program (ACMP) consistency reviews, and it seeks maximum fun ng for this plan revision. KIB contracted with Glenn Gray and Associates to complete the plan evaluation. KIB staff provided the consultant with background information and documents as well as direction regarding the importance of policies and the approach to the plan revision. The KIB plans to use a strategic approach to update the plan that will include extensive opportunities for public involvement. The process will begin with an evaluation of what resources, uses and geographic areas are most important to the district. The evaluation will include an analysis of the sensitivity of uses and resources to development. This inquiry will also address the areas with the highest potential for resource development and the foreseeable effects of such development. Next, the KIB will evaluate opportunities and suitability for designations under 11 AAC 114.250(b) — (i). Once this evaluation is completed, the analysis of the existing enforceable policies will be revisited to determine which policies should be retained to address resources, issues and concerns. An analysis of gaps will be completed to determine what new enforceable policies are needed. The new requirements for enforceable policies will likely result in designation of areas by the KIB in accordance with 11 AAC 114.250(b) — (i). The existing resource inventory provides some information that can be used to justify designations for important habitat, subsistence, recreation, and natural hazards areas. Additional resource information will he nereccary to farther inctify thnce rlecianatinnc as . rAll as far tnnric... ellergy f and the study of history, prehistory and archeological resources. The KIB will follow the procedures and timelines in 11 AAC 114.345 during the plan revision process. KIB CMP Evaluation areas identification report, a 2000 publication of environmentally sensitive areas maps, a 2002 bear management plan, and a 2004 GIS needs assessment report and recommendations. Many of the maps prepared for the original plan will need updating which will require a significant amount of effort. In addition to incorporating new information, the mapped data will need to be available at a larger scale and follow GIS protocols. The KIB has a GIS system and expects to incorporate the new data from the KIB CMP update. Most of the existing hard copy KIB CMP maps are at a scale of 1:380,100 and the data is currently not incorporated into the KIB GIS system. For enforceable policies that "address a matter regulated or authorized by state or federal law ... ", the resource inventory will be revised to include a map or description of the defined portion of the coastal zone covered by policies (11 AAC 114.270(h)(1(a)). In addition, any areas designated under 11 AAC 115.250(b) — (i) will need to be adequately mapped and incorporated into the KIB GIS system. It is expected that the GIS mapping requirements for the KIB CMP revision will be substantial. c. Resource Analysis (11 AAC 114.240) The Resource Analysis will require substantial revision to meet the requirements in 11 AAC 114.240. The current 79 -page Resource Analysis focuses on demands on coastal resources, sensitivity of resources, projects that will affect uses and resources, and a classification of management needs. The analysis includes detailed information about the demands on fishery impacts to biological resources, natural hazard areas, recreational needs, transportation demands, and energy facilities. The revised analysis needs to update these areas and provide more information about subsistence uses, tourism resources and uses, cultural, historic and archeological resources, seafood processing, commercial and recreational fishing, important habitats, and energy developments. The revision will focus on required background and justification for enforceable policies including an analysis of the following factors: • Impacts of subject uses and activities on resources identified in 11 AAC 114.230(b), • Present and foreseeable needs and competing uses, • Sensitivity of uses and resources to development, • Foreseeable conflicts among competing uses, • Relevant local knowledge, and • Uses and resources that are of a unique concern to the district. The resource management area classification will be evaluated during the plan revision to determine if it is still a valid approach and how it can be made more effective or whether there should he another approach considered for implementing the KM CMP enforceable policies. (Chapter 4 of the plan). K1B CMP Evaluation July 21, 2004 3 KIB CMP Evaluation h. Organization (11 AAC 114.210) The current plan does not have an "Organization" element. The revised plan will include an organization section that describes the organizational structure of the district, state that the district is a municipality, and specify that the KIB Community Development Department is responsible for determining consistency with the ACMP. i. Public Participation (11 AAC 114.290) The revision to the plan will summarize the extensive public participation process used during the plan revision. It is expected that a similar approach will be used during the revision process to involve a broad spectrum of the Borough's residents through surveys, meetings and workshops. In addition, periodic updates about the plan revision will be discussed by the KIB Planning and Zoning Commission and distributed to interested parties. j. Boundaries (11 AAC 114.220) Chapter 2 will be revised to reflect annexation of a portion of the Alaska Peninsula by the KIB in 1990. The Coastal Policy Council approved the expansion of the coastal zone boundaries to include this area. The current discussion of district boundaries is only two pages long, and it will need to be revised to provide a more precise description. The map of the coastal zone will need to be revised and inputed into the KIB GIS system and available at a scale of 1:250,000. k. General Editorial Changes Because the plan is 20 years old, significant editorial changes will be necessary to bring the plan up -to -date. The appendices will need to be updated, and the organization of the plan will be revised to reflect the requirements in the regulations. 2. SUMMARY OF MEETINGS WITH PUBLIC OR DECISION MAKERS The Community Development Director met with the KIB Planning Commission on July 14 and 21, 2004 to discuss this document, the changes to the ACMP and the anticipated KIB CMP plan revision. The Planning Commission agreed with the decision to proceed with a comprehensive revision to the KIB CMP. Both the Planning Commission and the Assembly will be involved in the plan revision during FY'05. 3. DECISION ON HOW TO PROCEED The KIB CMP has not been revised since its inception in 1984. A comprehensive revision will be necessary to update elements of the plan and to bring it into compliance with the new requirements. The KIB has been an active participant in ACMP consistency reviews, and it seeks maximum funding for this plan revision. KIB CMP Evaluation July 21, 2004 5 KIB CMP Evaluation This ends the evaluation of the KIB CMP. This document summarizes the work that will need to be completed during the plan evaluation. Additional information about this evaluation may be obtained by contacting: Michelle R. Stearns, AICP, Director Department of Community Development Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907 - 486 -9360 907 - 486 -9396 Fax mstearns@kib.co.kodiak.ak.us KIB CMP Evaluation July 21, 2004 7 Frank H. Murkowski, Governor Department of Community and Economic Development D ivision of Community Advocacy 550 W. 7th Avenue, Suite 1770, Anchorage, AK 99501 -3510 Telephone: (907) 269 -4501 • Fax: (907) 269 -4539 • Text Telephone: (907) 465 -5437 Email: questions @dced.state.ak.us • Website: www.dced.state.ak.us/cbd/ Michelle Stearns Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: FY 2005 Alaska Coastal Management Program Plan Amendment Funding Dear Ms. Stearns: August 19, 2004 Sincerely, /r-Peter McKay Program Manager gECEllWE AUG 2 4 2004 COMMUNITY DEVELOPMENT DEPARTMENT I am pleased to notify you that the Kodiak Island Borough has been awarded a FY 2005 Alaska Coastal Management Program Grant for the purpose of funding the amendment of your Coastal Management plan. The amount of funding available through this grant program is $46,000.00. In order to release grant funds, the Kodiak Island Borough must enter into a Grant Agreement with the Department of Community and Economic Development. Your grant administrator will be preparing your grant contract within the next two weeks. Once completed this agreement will be forwarded to you for review and signature. If you have any questions or concerns regarding this award, please contact Pamela Neale, Grants Administrator at (907) 269 -4580. If you have questions regarding the ACMP program, please contact Peter McKay at (907) 465 -5550, or John Gliva at (907) 269 -4588. State of Alaska Department of Community and Economic Development Division of Community Advocacy Alaska Coastal Management Program Agreement D Special Project(s) FY 05 COMMERCE COMMUNITY ECONOMIC �� o F A 5 E P A R T M E N T OF + AND DEVELOPMENT Grant Agreement Number: 850247 Amount of Federal Funds: (100 %) $46,000.00 CFDA 11.419 Funding Source(s): CIAP Resource Inventory CC: 8728385 Grantee Department Contact Person Name: Kodiak Island Borough Name: John Gliva Street/PO Box: 710 Mill Bay Road Title: Local Government Specialist City /State /Zip: Kodiak, Alaska 99615 Street/PO Box: 550 W 7th Ave. Ste. 1770 Contact Person: Michelle Stearns City /State /Zip: Anchorage, AK 99501 3510 Phone: (907) 486-9362 Fax: (907) Phone: 269 -4588 Fax: 269 -4563 Email: mstearns @kib.co.kod'ak.ak.us Email: john_gliva @commerce.state.ak.us AGREEMENT The Alaska Department of Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $46,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2004 and shall be completed no later than June 30, 2005. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Work Program Appendix A: Audit Regulations Attachment A2: Text Specifications Appendix B: Audit Compliance Supplement Attachment B: Payment Method Appendix C: Indemnity and Insurance (if applicable) Attachment C: Standard Provisions Attachment D: Enforceable Policies Cross - Reference Table AMENDMENTS Attachment E: Mapping and Data Requirement for Coastal Any fully executed amendments to this Agreement District Plans Attachment F: ACMP GIS Protocols Grantee Department Signature Signature Printed Name and Title Patrick Carlson, Borough Manager , Printed Name and Title Peter McKay, Program Manager Date Date Reviewed by: ATTACHMENT A - Work Program Page 1 of 7 BACKGROUND In Fiscal Year 2005, Alaska Coastal Management Program (ACMP) coastal districts are required to amend their district coastal management plans following the process outlined in 11 AAC 114.345.Transition. In 2001, the U. S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) approved Alaska's Coastal Impact Assistance Program (CIAP) Plan. One topic included in the plan is titled, Coastal Resource Inventory Project. Funding approved for the Coastal Resource Inventory Project is being used to support the amendment of district coastal management plans. WORK PROGRAM In FY 05, the Grantee, shall complete the following: TASK 1. Quarterly Progress and Financial Reports. The Grantee shall submit quarterly progress and financial reports to the Department as required in Attachment B. The quarterly report due dates are identified in Attachment A, Schedule. Progress and financial reports associated with this project must be submitted separately from the Grantee's ACMP Section 306 Required Tasks grant. The progress report shall be in a letter format describing: What work was accomplished; Whether the project is on schedule, or, if not on schedule, a plan for getting back on schedule; What tasks are anticipated in the next quarter; Whether there were any difficulties encountered by the Grantee in meeting the terms of the grant agreement; If difficulties are identified, what will be done to address the difficulties; and Whether an amendment to the grant agreement is needed The financial reports shall be prepared on the form or in the same format provided by the Department for the Section 306 grant and shall identify grant expenditures. Original copies of each progress and financial report should be sent to: Alaska Department of Commerce, Community and Economic Development Division of Community Advocacy 550 West 7 Avenue, Suite 1770 Anchorage, AK 99501 -3510 The Grantee shall also send a copy of each progress and financial report to: Alaska Department of Natural Resources, Office of Project Management and Permitting (OPMP) 302 Gold St., Suite 202 Juneau, AK 99801 -0030 FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough ATTACHMENT A - Work Program Page 2 of 7 1 TASK 2. Public Review Draft Plan Amendment. The Public Review Draft Plan Amendment shall comply with the contents of AS 46.40, 11 AAC 110, 11 MC 112, and 11 AAC 114 and include all the required elements identified in 11 MC 114.200 -290, and 11 AAC 114.400 -420 (SAMPs and AMSAs, if applicable). In developing the Public Review Draft Plan Amendment, the Grantee shall complete the following steps: • Consult with state and federal agencies. The Grantee shall consult with state and federal agencies that have authority for the subject matter addressed in the district enforceable policies to be amended. This consultation must be coordinated with DNR/OPMP in accordance with 11 AAC 114.345 (c) (1). The recommended completion date for this task is March 1, 2005. • Develop a Public Review Draft Plan Amendment. The Grantee shall develop a Public Review Draft Plan Amendment that meets the requirements of AS 46.40 and 11 AAC 114 in accordance with 11 AAC 114.345 (c) (2). The recommended completion date for this task is March 1, 2005. The Grantee shall submit two (2) CD -ROMs, each containing an electronic copy of the Public Review Draft Plan Amendment to OPMP; and one (1) electronic copy on CD -ROM of the Public Review Draft Plan Amendment to DCCED. The Grantee is responsible for preparing and distributing any paper copies of the Public Review Draft Plan Amendment. OPMP will place an electronic version of the Public Review Draft Plan Amendment on the ACMP website for public review. The Public Review Draft Plan Amendment shall conform to the requirements described in Required Submission Format (General Provisions, page 6), and shall include the following: • Enforceable Policies Cross - Reference Table (see example, Attachment D) which identifies the specific sections of the resource inventory and analysis; issues, goals and objectives; and maps that provide support information for each enforceable policy. • Issues, goals, and objectives (11 AAC 114.200.) • Organization (11 AAC 114.210.) • Coastal zone boundaries (11 PAC 114.220.) • Resource inventory (11 MC 114.230.) • Resource analysis (11 MC 114.240.) • Subject uses, activities, and designations (11 AAC 114.250.) • Proper and improper uses and activities (11 AAC 114.260.) • District enforceable policies (11 PAC 114.270.) • Implementation (11 MC 114.280.) • Public participation (11 AAC 114.290.) 21 -day Public Review. The Grantee shall provide at least a 21 -day public review and comment period on the Public Review Draft Plan Amendment in accordance withl 1 AAC 114.345 (c) (3). As part of the public review and comment period, the Grantee shall complete the following: Legal Notice. The Grantee shall publish a legal notice of availability of the Public Review Draft Plan Amendment in the most appropriate newspaper of area -wide distribution (Fairbanks, Anchorage or Juneau). Public Distribution List and Comments. The Grantee shall consult with OPMP to develop a list of state and federal agencies and others that should receive the Public Review Draft Plan Amendment. This list shall contain the names, addresses, phone numbers, and email addresses of each individual and organization the Public Review Draft Plan Amendment was submitted to. The recommended completion date for this task is f th e The in i nutes summary m Grantee of any maintain copies of comments held. The Public Distribution List copies of the nir�utes o summary _. any and comments shall be submitted with the Final Draft Plan Amendment. • Revision of Public Review Draft Plan Amendment. The Grantee may revise the Public Review Draft Plan Amendment based on public review and comments. The recommended completion date for this task is May 1, 2005. ▪ Local Public Hearings and Resolution of Support. The Grantee shall fulfill local public hearing requirements for adopting the amended plan. The Grantee shall obtain a resolution of nce with support adopting the changes The recommended completion d date for s is June 2005. 11 AAC 114.345 (c) (4). ). FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough ATTACHMENT A - Work Program Page 3 of 7 TASK 3. Final Draft Plan Amendment. The Public Review Draft Plan Amendment that has gone through public review and comment shall be considered the Final Draft Plan Amendment. The Final Draft Plan Amendment and the following supporting documents must be sent (postmarked) to OPMP by July 1, 2005: • Letter Requesting Review and Approval of the Final Draft Plan Amendment. The Grantee shall submit a cover letter requesting OPMP review and approve the Final Draft Plan Amendment. The cover letter shall accompany four (4) copies of the following electronic documents, submitted on four (4) CD -ROMs, in conformance with the requirements described in Required Submission Format (see General Provisions, page 5). The Grantee shall also submit one (1) electronic copy on CD -ROM of the following documents to DCCED: • Final Draft Plan Amendment. The Grantee shall submit, on each CD -ROM, a complete draft of the amended coastal district plan (including AMSAs and SAMPs) that has been prepared to meet the requirements of AS 46.40 and 11 PAC 14 and includes the following: • Enforceable Policies Cross - Reference Table (see example, Attachment D) • Issues, goals, and objectives (11 AAC 114.200) • Organization (11 MC 114.210) • Coastal zone boundaries (11 AAC 114.220) Resource inventory (11 AAC 114.230) • Resource analysis (11 AAC 114.240) Subject uses, activities, and designations (11 AAC 114.250) • Proper and improper uses and activities (11 MC 114.260) • District enforceable policies (11 AAC 114.270) • Implementation (11 AAC 114.280) • Special area plan or area which merits special attention (11 AAC 114.400 -420) • Public participation (11 MC 114.290) • Appendices (as applicable) • Documentation of consultation with state and federal agencies. The Grantee shall submit, on each CD -ROM with the Final Draft Plan Amendment, written documentation of the consultation with state and federal agencies under 11 AAC 114.345 (c)(1). • Resolution of Support. The Grantee shall submit, on each CD -ROM with the Final Draft Plan Amendment, the written resolution of support for the changes from the coastal resource service area board for the district, municipal planning commission, or governing body, as applicable, obtained under 11 AAC 114.345 (c)(4). • Public Distribution List and Comments. The Grantee shall submit, on each CD -ROM with the Final Draft Plan Amendment, the mailing list containing the names, addresses, phone numbers, and email addresses of each individual and organization to whom the Public Review Draft Plan Amendment was sent. The Grantee shall submit copies of comments received and copies of the minutes or summary of any public hearing held. The Public Distribution List shall identify the parties that provided comments during the public review and comment period maintained under 11 AAC 114.345 (c)(3), in accordance with 11 MC 114.345 (d). FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough Due Date 1 Project Milestones 2 Task /Products 9/30/04 Submit subcontracts to DCCED for review. 10/15/04 1st quarter progress and financial report (for the period July - Sept). 1/15/05 2nd quarter progress and financial report (for the period Oct - Dec). 2/28/05 Background work (resource inventory & analysis, and mapping) for the Public Review Draft Plan Amendment should be complete. 3/1/05 - Consult with state and federal agencies that have authority for subject matter addressed in district enforceable policies to be amended. - Develop a Public Review Draft Plan Amendment. 4/1/05 Provide (at least) 21 -day public review and comment period. 4/15/05 3rd quarter progress and financial report (for the period Jan — March) 5/1/05 Revise Public Review Draft Plan Amendment, as necessary, based on public review and comments. 6/15/05 Hold local public hearings and obtain resolution of support from local governing body. 7/1/05 Submit Final Draft Plan Amendment on CD -ROM to DNR/OPMP (4 copies) 7/15/05 0 quarter progress and financial report (for the period April - June) 7/31/05 Grant closeout ATTACHMENT A - Work Program Page 4 of 7 STAFFING Program Manager: The staff person responsible for coastal coordination is responsible for Tasks 1 -3. Subcontractor: A consultant may assist the Grantee with Tasks 2 and 3. The Department shall review and approve any subcontracts associated with the grant agreement prior to the Grantee entering into a subcontract. For additional information addressing mapping standards, see the section of this scope of work titled, Mapping and Data Requirements. The Grantee is responsible for ensuring that all tasks assigned to a consultant are completed satisfactorily. SCHEDULE 1 This is the last day for the task /product; the task /product can be completed earlier. As s a e In BUDGET section, penalties may be applied if tasks are not completed in a timely fashion. 2 Project Milestones are provided as guidelines only according to the anticipated project timeline. Subcontracts for special projects should be approved by the Department and in effect by the date noted. If the subcontract is not in effect by 9/30/04, the Department'will process an amendment returning the special project funds to the Department (and the funds will be reallocated to another district). FY 05— ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough Task Description Amount 1 Quarterly progress and financial reports (each) $ 500 1 Final financial report $ 1000 2 Submission of subcontract to DCCED for review $ 500 2 Resource Inventory & Analysis $ 1000 2 Mapping $ 375 2 Public Review Draft Plan Amendment $ 10,000 2, 3 Consultation with state and federal agencies $ 500 2, 3 Resolution o f Su from !inn! governing hnriv $ 500 3 Final Draft Plan Amendment $ 10,000 ATTACHMENT A - Work Program Page 5 of 7 BUDGET 1 Funds work accomplished by Kodiak Island Borough staff to amend coastal district plan, including: • Community Development Director, Project Manager, Community outreach and facilitation, $2000.00 • Drafting Technician /GIS Administrator, KIB CMP Mapping, $2000.00 2 Funds travel for KIB Project Manager to visit (5) villages to solicit input on plan amendment process. 3 Funds work accomplished by professional planning consultant to amend coastal district plan to meet requirements of AS 46.40, 11 AAC 110, 11 AAC 112, and 11 AAC 114, including: • Preparation of public hearing draft plan amendment • Participate in public hearing process • Preparation of final draft plan amendment Includes travel costs of planning consultant for three (3) visits to Kodiak for development of public review plan amendment, public hearing process, and for development of final draft plan amendment. 4 Covers costs of scanning, production and incorporation of large format maps into KIB CMP amendment. 5 Covers costs of office supplies, hard copies, production and distribution of electronic versions of plan amendment process and products. Penalties: The following identifies amounts associated with the work tasks. If the Grantee fails to perform the work task satisfactorily (including being late), the Department will use the amount listed as a guide to determine whether reimbursement shall be made and the amount. This is a minimum. FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough. Budget Personal Services 1 $ 4,000.00 Staff Travel 2 $ 2,500.00 Contractual 3 $ 36,000.00 Mapping 4 $ 750.00 Equipment/Supplies 7 $ 750.00 TOTAL $46,000.00 ATTACHMENT A - Work Program Page 5 of 7 BUDGET 1 Funds work accomplished by Kodiak Island Borough staff to amend coastal district plan, including: • Community Development Director, Project Manager, Community outreach and facilitation, $2000.00 • Drafting Technician /GIS Administrator, KIB CMP Mapping, $2000.00 2 Funds travel for KIB Project Manager to visit (5) villages to solicit input on plan amendment process. 3 Funds work accomplished by professional planning consultant to amend coastal district plan to meet requirements of AS 46.40, 11 AAC 110, 11 AAC 112, and 11 AAC 114, including: • Preparation of public hearing draft plan amendment • Participate in public hearing process • Preparation of final draft plan amendment Includes travel costs of planning consultant for three (3) visits to Kodiak for development of public review plan amendment, public hearing process, and for development of final draft plan amendment. 4 Covers costs of scanning, production and incorporation of large format maps into KIB CMP amendment. 5 Covers costs of office supplies, hard copies, production and distribution of electronic versions of plan amendment process and products. Penalties: The following identifies amounts associated with the work tasks. If the Grantee fails to perform the work task satisfactorily (including being late), the Department will use the amount listed as a guide to determine whether reimbursement shall be made and the amount. This is a minimum. FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough. ATTACHMENT A - Work Program Page 6 of 7 GENERAL PROVISIONS Required Submission Format. The following submission requirements apply to the Public Review Draft Plan Amendment and Final Draft Plan Amendment. Please refer also to Attachment A2 — Text Specifications for recommended font and formatting specifications. • Public Review Draft Plan Amendment. Each copy of the Public Review Draft Plan Amendment shall be submitted electronically on CD -ROM in Microsoft Word, or Word - compatible format (such as rich text (.rtf) or text file (.txt) format). Two (2) CD -ROMs with the complete package on each shall be submitted to OPMP, and one (1) CD -ROM with the complete package shall be submitted to DCCED, • Final Draft Plan Amendment. Each copy of the Final Draft Plan Amendment and supporting documents shall be submitted electronically on CD -ROM in Microsoft Word, or Word - compatible format (such as rich text (.rtf) or text file (.txt) format). Four (4) CD -ROMs with the complete package on each shall be submitted to OPMP, and one (1) CD -ROM with the complete package shall be submitted to DCCED. • Enforceable Policies Cross - Reference Table. The Grantee shall prepare and provide an Enforceable Policies Cross - Reference Table (see example, Attachment D), which identifies (by page number and title) the specific sections of the resource inventory and analysis; issues, goals and objectives; and maps that provide support information for each enforceable policy. This table shall be in Microsoft Excel format, submitted on the CD -ROM with the Public Review Draft Plan Amendment and the Final Draft Plan Amendment. • Mapping and Data Requirements. Maps submitted as part of a Public Review or Final Draft Plan the guidelines Amendment shall submitted Acrobat PDF format and shall Requirement for Coastal District Plans, and Attachment in in Attachment E - Mapping and Att F - ACMP GIS Protocols. All GIS /CAD projects shall comply with the latest version of the ACMP GIS Protocols. Before initiating work on GIS /CAD projects, the Department shall approve the computer format of the project. Metadata is required and shall be developed in accordance with the GIS Protocols. For additional information on the State of Alaska data sets and the GIS Protocols, contact George Plumley, DCCED at 269 -4546. For questions concerning requirements within the Protocols addressing public access to GIS /CAD data and the development of the Protocols, contact Chas Dense, OPMP at 465 -8789. Funding Credit. The following notation, and OPMP and NOAA logos, shall be presented in the title block on maps, and on the cover or first page of other grant products that are for public distribution. The logos and notation are not required on reports or documents submitted only to NOAA, OPMP, or DCCED. The Department will provide a copy of the logos to the Grantee. "This (map /report) is funded by the Alaska Coastal Management Program, Department of Natural Resources, Office of Project Management and Permitting, Pursuant to National Oceanic and Atmospheric Administration Award No. NA17OZ2058. The preparation of this (map /report) is funded by a grant from the National Oceanic and Atmospheric Administration, and administered by the Alaska Department of Natural Resources, Office of Project Management and Permitting Division o, and the u npa A t tl e ocacy. The Commerce, ews expressed sed here herein are those of the author(s) and do not n n ec e necessarily reflect ecsarily reflect the views of the NOAA or any of its sub agencies:" Copies of Products. The Grantee shall send copies of products scheduled for completion under the terms of this grant agreement to OPMP and DCCED within 15 days of the due date. Four copies of products shall be sent to OPMP and one copy shall be sent to DCCED. • Retention of Original Work. Unless otherwise agreed upon by the Department and the Grantee, the Grantee shall retain all original work for the plan amendment, including original work prepared by subcontractors. FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough ATTACHMENT A - Work Program Page 7 of 7 Retention of Records. The Grantee shall keep on file, travel authorizations and time sheets to document personal services associated with this project. Correspondence. The Grantee shall forward a copy of all significant correspondence with subcontractors, State and federal agencies, and other interested parties to the Department and OPMP. This requirement may be modified by mutual agreement between the Department, OPMP and the Grantee. OPMP reserves the right to require the Grantee or Grantee subcontractor to contact any party whose involvement is deemed essential in the development of the plan amendment. Purchasing Equipment. To purchase equipment costing in excess of $5,000 per unit and having a useful life of more than one year, the Grantee must request prior approval from NOAA. This requirement applies to equipment not specifically identified and justified in the Grantee's proposal and approved budget. When equipment costing more than $5,000 is purchased with Federal funds, the Grantee shall provide an annual inventory of Federally owned property used in conjunction with a project approved under the terms of this grant agreement. The inventory shall be submitted to DCCED and OPMP with the final financial status report. Federally owned property is described as property purchased or owned by the federal government and loaned tot he recipient for use in conjunction with grant related project work. The inventory provided shall include the following information and must include the title and signature of an authorized representative of the recipient organization.. • Government ID # and Fed. Strip Number (FSN) - (NA if not applicable); • Description of item; • Manufacturer; • Manufacturer serial number; • Quantity; • Condition; • Location; • Cost (if known); • Date received; ' • Request to dispose of property (indicate whether the equipment is or is not needed for other grants or cooperative agreements funded by the Dept. of Commerce, NOAA). Issuing Statements, Press Releases, RFPs, and Bid Solicitations. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded by this grant, the Grantee shall include the following: • the percentage of the total costs of the project or program financed with Federal money; • the percentage and dollar amount of the total costs of the project or program financed with non - Federal funds; and, • the total dollar amount of Federal funds provided for the project or program. FY 05 — ACMP District Coastal Management Plan Amendment Grant — Kodiak Island Borough Meeting of: October 5, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.2 Resolution No. FY 2005 -06 A Resolution Adopting Recommendations on the Department of Natural Resources Recommended Revisions and Issue Response Summary Relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands SUMMARY STATEMENT: The Alaska Department of Natural Resources distributed their Recommended Revisions and Issue Response Summary on August 6, 2004, based on public comments relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands (KAPASL). Staff has reviewed the Recommended Revisions and Issue Response Summary in light of previous borough comments drafted a new comment letter to clarify and expand on certain matters of interest to the borough. The comment letter and associated parcel matrix have been reviewed by the Kodiak Island Borough Parks and Recreation Committee on September 14, 2004, and by the Kodiak Island Borough Planning and Zoning Commission on September 15, 2004. With minor amendments recommended by the Parks and Recreation Committee, both bodies have forwarded these comments and recommendations to the Kodiak Island Borough Assembly for further consideration. Staff has prepared a draft resolution for Assembly consideration, which may be adopted, with or without amendment, in order to facilitate the conveyance of these comments to the Alaska Department of Natural Resources. The deadline for comments is October 8, 2004, the day following the next regular meeting of the Assembly where these comments may be considered and acted upon. Fiscal Notes: APPROVAL FOR AGENDA: i Recommended motion: Move to adopt Resolution No. FY 2005 -06. KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -06 Introduced by: Manager Carlson Requested by: Manager Carlson Drafted by: Community Development Introduced: October 7,2004 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING COMMENTS AND RECOMMENDATIONS ON THE DEPARTMENT OF NATURAL RESOURCES REVISIONS AND ISSUE RESPONSE SUMMARY RELATING TO THE PUBLIC REVIEW DRAFT OF THE KODIAK AREA PLAN FOR ALASKA STATE LANDS WHEREAS, the Kodiak Island Borough (KIB) Planning and Zoning Commission reviewed and adopted a letter and comment matrix (Attachment "A ") on September 15, 2004; and WHEREAS, the KIB Parks and Recreation Committee reviewed and adopted a letter and comment matrix, with amendments, on September 14, 2004; and WHEREAS, the KIB Assembly has until October 8, 2004 to submit its comments on the Kodiak Area Plan for Alaska State Land; and WHEREAS, the letter and matrix previously adopted by the KIB Planning and Zoning Commission and Parks and Recreation Committee provides substantial comment and recommendations regarding the Kodiak Area Plan for Alaska State Lands; and WHEREAS, these recommendations may form the basis for further comments by the KIB Administration and Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the attached letter dated September 1, 2004 and the attached matrix (Attachment "A ") shall serve as the Kodiak Island Borough's comments and recommendations on the Department of Natural Resourses' Revisions and issue Response Summary relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2004 Judith Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY 2005 -06 Page 1 of 1 Bruce Phelps Dept. of Natural Resources 550 West 7m Ave. Suite 1050 Anchorage, AK 99501 -3579 Dear Mr. Phelps: Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9300 Fax (907) 486 -9374 DRAFT September 1, 2004 Re: Kodiak Island Borough comments on the Recommended Revisions and Issue Response Summary relating to the Public Review Draft - Kodiak Area Plan for Alaska State Lands. The comments contained herein are in response to the Recommended Revisions and related Issue Response Summary that were recently published in regard to the Public Review Draft (PRD) of the Kodiak Area Plan for Alaska State Lands (KAPASL). The comments included here are a reflection of the ongoing borough concern for the Kodiak community's issues as they relate to the state lands and tidelands addressed within the plan. Now that the Recommended Revisions have been published, we find that there are a number of issues that invite additional comment and clarification of previous comments expressed by the Kodiak Island Borough (KIB). A large number of comments provided by borough residents relate to state land on the Kodiak "road system ". Clearly the recreation and grazing use of many of these lands exemplifies the mixed -use mandate that the DNR is trying to achieve on state lands addressed by this plan. Regarding the Saltery Cove, Portage Bay, Pasagshak, and Narrow Cape areas, the KIB Parks and Recreation Committee (KIBPRC) has specifically commented on certain lands designated in the Public Review Draft Kodiak Area Plan for State Lands. The adopted recommendations of the KIBPRC were incorporated into the attached comment matrix of our April 2004 comment letter. Of particular note were comments on a number of parcels along the Chiniak Highway that are designated in the draft plan for settlement. Many of these lands are currently used by the public for recreation purposes. such as camping. fishing, access to the tidelands, etc. The KIBPRC recommends that all of these settlement parcels be designated for continued recreational (dispersed) use with the exception of Parcel K -38, Raymond Peak, as noted in this letter. These comments are submitted in two parts. Part One is this letter, which is intended to summarize the issues or concerns raised by the public and therefore of importance to KIB residents. Part Two is a matrix of comments, which identifies various plan areas by parcel DRAFT Comments — Recommended Revisions PRD - Kodiak Area Plan for State Land September 1, 2004 Page 2 of 3 number. We hope this will help in correlating our comments and observations relating to the PRD of the Kodiak Area Plan for State Lands, and thereby aid in your further consideration. For the purposes of this review we are relying upon the parcel number /area designations in the most recent maps that have been circulated by DNR within the PRD plan document and its revisions. The following numbered comments are presented here in no particular order: 1. In the most recent maps circulated, Parcels K -50, K -50a, K -51a, K -74, and K -75 are all provided with the dual designation of Grazing (Gr) and Public Recreation dispersed (Rd). Since these parcels are all abutting one another, why has the department created additional parcel /sub - parcel designations using an alphanumeric system when it would simplify matters to combine similarly designated parcels into fewer parcels? 2. In the Recommended Revision, Narrow Cape Unit, Parcel K -44a is designated solely for Grazing (Gr) purposes. It was the borough's understanding that this area was included in the discussion of the dual designation for Grazing (Gr) and Public Recreation Dispersed (Rd) that was generally applied to the Saltery Cove and Portage Bay drainages. There is significant use of these lands for recreational purposes by borough residents and other visitors to Kodiak, many of who are also state residents. This makes little sense in the context of the recent request to expand the Kodiak Launch Complex by AADC. The designation of Parcel K -45, which approximates the existing AADC ILMA is designated for General Use (Gu). We would expect that the plan would anticipate this expansion with a similar designation, if it did not bear the dual designation discussed above. As indicated on Page 2 of the Issue Response Summary, DNR staff indicated "No Change" to the prior Gu designation that was contained in the PRD. Indeed the staff response seems to argue against a solely agricultural designation. 3. Parcel K -38 is designated for Settlement (Se). Although the parcel has road frontage on a public highway, the topography of this area, in conjunction with the shape of the parcel does not appear to be well suited to the creation of a residential subdivision for settlement /disposal purposes. The borough may want to reconsider its options regarding the current borough ordinance (KIBC 16 10 050) exempting subdivisions of state land from the local subdivision standards that apply to private sector land developers. 4. Parcel K -73c is designated solely for Grazing (Gr). This is an area that is accessible from the road system and that sees a considerable amount of recreational use in the summer months for fishing and camping purposes. The Kodiak Island Borough would have expected this area to have the same Grazing (Gr) and Public Recreation dispersed dual designation as the lands on the other side of the road. Patrick S. Carlson, Borough Manager Comments — Recommended Revisions PRD - Kodiak Area Plan for State Land September I, 2004 Page 3 of 3 5. Regarding Parcels K -73b and K -73e and a portion of K -73c, there appears to be some discrepancy of the mapping, which does not conform to the public /private land ownership pattern in the area. A copy of the subdivision pattern in this area is attached as an exhibit of the current subdivision pattem in this area. 6. Parcel K -50b, where it adjoins the Gr/Rd designated portion of the Saltery Cove access corridor does not appear to be a suitable development area. In order to access this area would require a stream crossing through an anadromous stream. Why would the state designate a General Use (Gu) area that requires crossing an anadromous stream and which is a relatively steep area topographically 7. The Kodiak Island Borough favors increase monitoring by DNR of resource extraction uses on state lands, particularly those located in the area near Pasagshak and Lake Rose Tead. The KIB permits non - recreational resource extraction as a Conditional Use Permit in the C- Conservation zoning district, which encompasses most of the state uplands addressed by the plan. The KIB recommends that compliance with local zoning be included as a requirement of future resource extraction permits on state land in order to provide better accountability for compliance with applicable state regulations and borough zoning codes. 8. References to Zenter Creek in Parcel K -73 should be Zentner Creek, named after the original homesteader in the area Joe Zentner. Thank you for the opportunity to comment on the Recommended Revisions and Issue Response Summary relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands. If you have any questions about these comments please feel free to contact the KIB Community Development Department at (907) 486 -9362. Respectfully Submitted, DRAFT Cc: Kodiak Island Borough Assembly and Mayor Michelle Stearns, Borough Community Development Department Director Bud Cassidy, Borough Engineering/Facilities Director Robert Scholze, Property Appraiser /Acting Assessor Duane Dvorak, Associate Planner, Community Development Department Attachments: Comment matrix for the Recommended Revisions and Issue Response Summary relating to the PRD Kodiak Area Plan for Alaska State Lands. Parcel No. Area Recommended DNR Revisions Proposed MB Designation Additional Comment Raspberry Island Change of the Parcel A -07 from A -06 — NW Raspberry Island Gu Rd Settlement (Se) to Habitat (Ha) is consistent with prior KIB comments, although not as far A -07 - Onion Bay Ha Rd reaching as the suggested in prior KIB comments. KIB still believes A -08 - Bear Creek . Se Rd that the balance of the Parcels A -06 and A -08 are sufficiently constrained by topography and the availability of public access along the shoreline to question the continued designation of these areas for General Use (Gu) and Settlement (Se) as indicated in the recommended revisions. [Given the DNR proposals to designate large acreages for potential development or settlement purposes, the KIB may need to re- evaluate current ordinances exempting state subdivisions from borough platting procedures authorized under Title 29, Alaska Statutes. Subdivision development in these areas should be held to the same standards expected of private sector developers. In addition, private sector developers have generally enjoyed the benefit of smaller lot sizes and higher density of development in the areas where state land is available for habitat, Pat ; nn anA nnan ena THP KIB may want to consider new approaches to land development that require open space and habitat needs to be met on a subdivision by subdivision basis.] Old Business VII -B Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page I of 7 ra Parcel No. Area Recommended DNR Revisions Proposed KIB Designation Additional Comment Elbow Creek K -14 Se Rd The KIBPRC requests that DNR provide the KIB with a first right to review the disposition of this Mental Health Trust Land prior to disposal or conveyance as it is considered a very important hunting, fishing and recreation resource for the community. Mayflower Beach K 39 Se, Rd Rd This is an extremely important recreation area for the Kodiak community including the following uses: camping, beach - combing, fishing, kayak access, and other family - oriented recreational activities. See bracketed comments for Afognak Island for additional KIB comment by reference. Midway Point K 41 Se, Rd, Hr Rd Chiniak community preferences should prevail on any potential designation on this state land. However, public access for recreation and outdoor activities should be retained. See bracketed comments for Afognak Island for additional KIB comment by reference. Pony Point K 42 Ma Rd Chiniak community preferences should prevail on any potential designation on this state land. Public access for recreation and outdoor activities should be retained once material extraction activities are concluded. See bracketed comments for Afognak Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 2 of 7 Draft Parcel No. Area Recommended DNR Revisions Proposed KIB Designation Additional Comment SW Chiniak Point K 43 Ma Rd Chiniak community preferences should prevail on any potential designation on this state land. Public access for recreation and outdoor activities should be retained once material extraction activities are concluded. See bracketed comments for Afognak Island for additional KIB comment by reference. Narrow K -44A Cape Gr Rd, Gr The KIB wishes to clarify its position on this area to be in support of the dual designation approach that was recommended for other grazing and recreation areas, such as the Saltery Cove and Portage Bay areas. It appears that this comment was inadvertently omitted from the KIB comments submitted in April 2004. Clearly the Pasagshak area provides more challenges that could not be easily addressed by such an approach, however the Narrow Cape area has substantial grazing and recreational values in common with Parcels K -50, K -50a, K -5Ia, portions of K -73, K -74, and K -75. Interestingly, the KIB agrees with the analysis provided in the Issue Response Summary (IRS) on pages 16 and 17, with the caveat that the KIB was under the impression that the dual designation Gr /Rd was intended for all grazing and recreation areas outside of Pasagshak. With regard to the comments on page 23 and 24 of the IRS, the KIB respectfully disagrees with the staff response that characterizes Parcel K -44A and the activities occurring there as being significantly different from those same activities in other grazing areas. n r r 4- Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 3 of 7 Liu Parcel No. Area Recommended DNR Revisions Proposed KIB Designation Additional Comment Narrow Gu Rd The KIB supports the Recreation Cape /Chiniak K -44B Dispersed (Rd) designation in this area. This area is accessible only through State land on the Narrow Cape side and by ANCSA "17b" easements on the Chiniak side. EIN 44e, a sixty -foot road, terminates at Sequel Point and does not provide direct access to the GU designated parcel. From Sequel Point EIN 42, a fifty -foot trail provides access to state land along the coast towards the Sacramento River. EIN 108, a twenty -five foot trail, provides access from the Chiniak Highway near Isthmus Bay generally following the West Fork Twin Creek drainage. The designation of a General Use (Gu) for Parcel K -44b encourages public access through the adjoining Parcel K -44A, which is currently proposed as Grazing (Gr). In the alternative, only a 25 -foot trail provides direct access to this Gu designated parcel. See bracketed comments for Afognak Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 4 of 7 Draft Parcel No. Area Recommended DNR Revisions Proposed KIB Designation Additional Comment Saltery Cove K -50B Gu Gr, Rd This parcel appears to be out of character with the surrounding land which is dual - designated Grazing (Gr) and Public Recreation dispersed (Rd). This land requires access across an anadromous water body from the main Saltery Cove Road right -of -way. In addition, the land appears to be topographically constrained. See bracketed comments for Afognak Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 5 of 7 Draft Parcel No. Area Recommended DNR Revisions Proposed MB Designation Additional Comment Shearwater Peninsula K -57 Gu, Se Ha K -57 has previously been designated for Settlement (Se) purposes. In the revised recommendation, the SW portion of the parcel is designated for General Use (Gu), perhaps in recognition of its unsuitability for settlement due to a lack of public access from the shoreline. Most of the suitable areas in the remainder of Parcel K- 57 have already been disposed for settlement purposes. In the area of Little Eagle Harbor, most of the easily accessible land has already been disposed of such that future land disposals will of necessity occupy Tess desirable locations further inland or in steep slope areas. A portion of Parcel K -57 north of Boulder Bay is accessible primarily through Parcel K -58, which is now designated Habitat (Ha). The KIB would like to see some clarification regarding the applicability of the Terror Lake Agreement to Parcel K -57 as it is referenced for all of surrounding parcels and appears to designate the entire Shearwater Peninsula. See bracketed comments for Afognak Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 6 of 7 Draft Parcel No. Area Recommended DNR Revisions Proposed KIB Designation Additional Comment Swampy Acres K 68 Se Rd This site will provide important open green space in an area that is planned for future residential and commercial lodge development (Natives of Kodiak). Also, historically significant structures are located on the site. See bracketed comments for Afognak Island for additional KIB comment by reference. Pasagshak Co — designation Co- designation Parcel K -73e, on the east side of Lake Rose Tead, should be dual K -73 Gr, Ha, Rd and Gr and Rd designation of Grazing (Gr) and Ma Public Recreation dispersed (Rd) Currently, livestock has been fenced out of this area through an agreement with the Kodiak Soil and Water Conservation District. In addition, should this area be used for grazing purposes, its value would most likely be for wintering which would not conflict with the primarily summer use of the area for public recreation. Portions of Parcels K -73b, K -74c and K -73e, south of the Pasagshak River, appear to be designating privately owned land located along the Pasagshak River a combination of Habitat (Ha) and Public Recreation dispersed (Rd), and Grazing (Gr). The KIB has digital iTiapS of uic Pasagshak Subdivision, which extends along both sides of the Pasagshak River in this area. References to "Zenter" Creek in this area should be Zentner Creek if the creek is named after the original Draft homesteader in this area, Joe Zentner. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 7 of 7 From: Ruth Booth [ruth_booth ©dnr.state.ak.us] Sent: Friday, August 06, 2004 9:24 AM To: Bruce Phelps Cc: Mark Sprague Subject: Kodiak Area Plan - Issue Response Summary & Recommended Revisions Dear Interested Citizens and Organizations, Based on public and agency comments on the Public Review Draft of the Kodiak Area Plan, the Department of Natural Resources (DNR) has developed a list of Recommended Revisions to the plan. These revisions are being made available for review and comment by the public. Comments on the Recommended Revisions must be received before 5:00 p.m. on Friday, October 8, 2004. The following materials are available for review: Recommended Revisions. These are the revisions that DNR is recommending for the Kodiak Area Plan. Page 1 of 1 Issue Response Summary. This document includes the comments that were received on the Public Review Draft, DNR's responses to those comments, and recommendations for revisions to the plan. The revisions contained in this document are listed in the "Recommended Revisions," above. These materials and the Public Review Draft of the plan (which was distributed in November 2003) can be viewed at the Department's website: www.dnr.state.ak.us /mlw /planning Printed versions will be available at the Kodiak Public Library, the Kodiak Island Borough offices, the State Parks office at Fort Abercrombie, and the Port Lions Library. After the comment period, comments regarding the Recommended Revisions are reviewed to determine whether additional revisions are needed. The Commissioner of DNR reviews the revisions and comments prior to adoption. The public is invited to comment on the Recommended Revisions. Comments can be mailed, emailed or faxed to the addresses below and must be received by the Department no later than 5:00 P.M. Friday, October 8, 2004. For more information or to submit comments, contact: Bruce Phelps Alaska Department of Natural Resources 550 West 7th Avenue, Suite 1050 Anchorage, AK 99501 -3579 Phone: 269 -8592 Fax: 269 -8915 Email: bruce__phelps(a?,dnr.state.ak.us 8/30/2004 Meeting of: October 7, 2004 Kodiak Island Borough AGENDA STATEMENT This ordinance will amend the code in accordance with A.S. 29.20.160. ITEM NO. 13.C.1 Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1.04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assemb /y Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. Fiscal Notes: Expenditure amount: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY 2005 -07 in first reading to advance to public hearing on October 21, 2004. Sections: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2005 -07 Introduced by Requested by: Draped by: Introduced: Public Hearing: Adopted: WHEREAS, the following amendments are in accordance with A.S. 29.20.160; Chapter 1.04 GENERAL PROVISIONS Borough Clerk Borough Clerk Borough Clerk AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 1 GENERAL PROVISIONS CHAPTER 1.04 GENERAL PROVISIONS SECTION 1.04.030 DEFINITIONS TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.080 EXECUTIVE ABSENCE CHAPTER 2.16 BOROUGH ASSEMBL SECTION 2.16.050 OATH – DEPUTY MAYOR OFFICER SECTION 2.16.060 DECLARING AND FILLING VACANCIES CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.030 TYPES OF MEETINGS TITLE 3 REVENUE AND FINANCE CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURE SECTION 3.16.100 CHANGE ORDERS – MANAGER AUTHORITY NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances Section 2: Title 1 General Provisions, Chapter 1.04 General Provisions is hereby amended as follows: 1.04.01 Grammatical interpretation. 1.04.02 Tense, number, and gender. 1.04.03 Definitions. 1.04.04 Effective dates of ordinances, resolutions, and other actions of the assembly —Time. 1.04.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough; unless the context otherwise requires: A. "Assembly" means the elected governing body of the Kodiak Island Borough; o "Gn.n..,.k" ...a.snn +1.n Vn.i'aL Inl .! Dn.". Ink• I.A. 'I an-4w I 11 00 '011101 \VVIRI\ 1JI WI VVyI I. C. "Administrative official" means the individual designated by assembly resolution to act as manager during the manager's absence or disability; D. "Attorney" means the legal advisor of the governing body and other officials of the borough; E. "Clerk" means the borough clerk duly appointed by the assembly; F. "Code" means the Code of Ordinances of the borough; G. "Deputy mayorpresiding officer" means the deputy presiding officer of the assembly Kodak Island Borough, Alaska Ordinance No.'FY2005 -07 Page 1 of 6 appointed by the assembly; H. "Law" includes ordinances of the borough; I. "Manager" means the chief administrator of the borough; J. "Mayor" means the elected mayor of the borough and presiding officer of the assembly; K. "Oath" means an oath or an affirmation in all cases where by law an affirmation may be submitted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed"; L. "Owner", as applied to a building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; M. "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; N. "Registered mail" means registered or certified mail; O. "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and P. "Seal" means the corporate seal of the borough. Section 3: Title 2 Administration and Personnel, Chapter 2.15 Rules of the Assembly is hereby amended as follows: Sections: Chapter 2.15 BOROUGH MAYOR 2.15.010 Office created. 2.15.020 Qualification and election of borough mayor. 2.15.030 Oath of office. 2.15.040 Duties. 2.15.050 Assembly participation. 2.15.060 Veto. 2.15.070 Miscellaneous. 2.15.080 Executive absence. 2.15.090 Vacancy in the office of mayor. 2.15.100 Filling a vacancy. 2.15.080 Executive absence. In the mayor's absence, the deputy mayorpresiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. Section 4: Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly is hereby amended as follows: Sections: Chapter 2.16 BOROUGH ASSEMBLY 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.050 Oath —Deputy mayerpresiding officer. 2.16.060 Declaring and filling vacancies. Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 2 of 6 2.16.070 Absences. 2.16.150 Ordinance —Form. 2.16.160 Ordinance — Adoption. 2.16.170 Resolution —Form. 2.16.180 Resolution— Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.050 Oath—Deputy mayorpresiding officer. A. The clerk shall administer the oath of office to newly elected and certified assemblymembers on the first regular meeting date following each borough election. B. The assembly shall elect from among its members a deputy mayorpresiding officer, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy mayerpresiding officer is not present or disqualifies himself, the senior assemblymember present shall act as the chair. When a member of the assembly is acting as the "chair", the member retains all privileges otherwise held as a member of the assembly. 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assemblymember's seat vacant when the assemblymember: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one -half Oh) of all regular assembly meetings of the assembly in a six (6) month period. B. If less than ninety (90) days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than ninety (90) days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for fourteen (14) days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than thirty (30) days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. C. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in subsection 2.17.040(A) of this title for the election of the deputy mayorpresiding officer. D. Notwithstanding B of this section, if the membership of the assembly is reduced to fewer than four (4) assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven (7) days after the quorum was reduced to less than four (4) assemblymembers. E. Persons appointed to fill a vacancy shall serve until the next renular alectinn at which time a successor shall be elected to fulfill the remainder of the unexpired term of office Section 5: Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly is hereby amended as follows: Chapter 2.17 Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 3 of 6 Sections: RULES OF THE ASSEMBLY 2.17.010 Authority. 2.17.020 General rules. 2.17.030 Types of meetings. 2.17.040 Organization and presiding officer. 2.17.050 Committees and duties. 2.17.060 Order of business and agenda. 2.17.070 Ordinances, resolutions, and motions. 2.17.075 Emergency ordinances. 2.17.080 Debate. 2.17.090 Citizens' rights. 2.17.100 Miscellaneous. 2.17.030 Types of meetings. A. Regular meeting: The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursday of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one (1) newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds (2/3) vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. B. Special meetings: Special meetings may be called by the mayor, deputy mayerpresiding officer, or by three (3) members of the assembly and, except in an emergency, upon no less than twenty -four (24) hours effective notice to each member. Effective notice shall be written or oral. The notice shall indicate time, location and the purpose of the special meeting and by whom called. The calendar for a special meeting shall be as follows: 1. roll call 2. citizens' comments 3. consideration of matters in the call for the special meeting 4. adjoumment Matters not included in the call for the special meeting may not be considered. Special meetings shall commence and adjourn as provided in subsection A of this section unless specifically amended. C. Adjourned or recessed meetings: If the assembly has not concluded the agenda, the time and place of the resumption of the meeting shall be announced or the items shall be carried over to the following regular meeting or taken up at a special meeting called for that purpose. D. Work sessions: The assembly may meet informally in work sessions, at the call of the mayor, deputy mayerpresiding officer, or by three (3) members of the assembly, to review forthcoming programs of the borough, receive progress reports on current programs or projects or receive other similar information from the manager, provided that all discussions J and conclusions thereon shall be informal. Work sessions are public and no formal action shall be taken by the assembly. E. Executive sessions: The assembly may meet in executive session, at the call of the mayor, deputy mayerpresiding officer, or any four (4) members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concem to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. potential or pending litigation to which the borough may become or is a party; Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 4 of 6 b. any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; or d. matters involving negotiations with labor organizations representing borough employees; e. matters which by law or ordinance are required to be confidential; f. confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. matters pertaining to personnel; and h. land acquisition or disposal. F. This section does not apply to quasi - judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. 2.17.040 Organization and deputy mayorpresiding officer. A. Organization: The assembly shall annually, at the November meeting, elect from its members a deputy mayorpresiding officer to serve at the assembly's pleasure. B. Election of the deputy mayorpresiding officer of the assembly shall be in the following manner: 1. as the first order of new business, nominations for deputy mayorpresiding 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 (1) 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 with the fewest ballots shall be dropped from the list of candidates until there are two (2) remaining and balloting shall continue until one (1) candidate is elected. C. Deputy mayorpresiding officer: The deputy mayorpresiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy mayerpresiding officer is not present, or is unable to act, the senior assemblymember present shall preside as the chair. Section 6: Title 3 Revenue and Finance, Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures are hereby amended as follows: Chapter 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES Sections: 3.16.010 Contract, purchase, sale, and transfer procedures. 3.16.020 Limitation on manager's authority. 3.16.030 Open market procedures. 3.16.040 Advertising for bids. 3.16.050 Processing of bids. 3.16.060 Local preference. 3.16.070 Exceptions to bidding requirements. 3.16.080 Lowest responsible bidder. 3.16.090 Requirements mandatory. 3.16.100 Change orders— Manager authority. 3.16.105 Circumvention of bidding requirements prohibited. 3.16.110 Competitive sealed proposals— Negotiated procurement. 3.16.100 Change orders — Manager authority. The manager, or designee, is authorized, Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 5 of 6 without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed ten thousand (10,000) dollars. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of: A. The mayor and deputy mayorpresiding officer; B. The mayor and one (1) assembly member in the absence of the deputy mayor presiding officer; C. The deputy mayorpresiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy mayerpresiding officer. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 Judith A. Nielsen, cMC, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2005 -07 Page 6 of 6 Meeting of: October 7, 2004 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.1 Revenue Accountant Hire at a Salary Range 20 Step I. The Revenue Accountant position became vacant in March 2004 and l have been actively searching for a qualified candidate to fill the position. After a lengthy selection process l would like to offer the job to a candidate who is more than qualified to fill the position. Based on negotiations, l recommend that this individual be hired at Salary Range 20 Step I. Fiscal Notes: Expenditure amount: APPROVAL FOR AGENDA: PigisuabQ`c" Recommended motion: Move to authorize to hire the Revenue Accountant at a salary range 20 step 1. Meeting of: October 7, 2004 Per Borough Code: Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.D.2 Review of Liquor License Renewal for Kodiak Island Winery. 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. The taxes are paid and there have been no trouble reports. Attached is a memo from the Community Development Department that relates to existing Title 17 Zoning issues pertinent to the property and action that documents an interest of the Borough to protect.. APPROVAL FOR AGENDA: cPyL cr -,-- , Recommended motion: SEP -30 -2004 15:11 FROM:AST KODIRK 09/30/2004 11:25 07- 486 -9391 BOROUGH CLERK PAGE 01 October 29, 2004 Department of I'u u lic Safety Alaska State Troopers Kodiak, AK 99615 Dear Jolene: We have received there have been m Renewal Kodiak Island W ery Thank you, Laura Casey Assistant Clerk aa,„. SEP -30 -2004 12:29 FR :907 486 9391 9074865810 TO: RiehtFax Kodiak Island Borough OFFICE of the BOROUGH CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 a liquor license renewal. Could you please fill out this letter to advise us if y trouble reports for the following establishments? You may fax yo u>' reply to the Borough Clerks office at 486 - 9391. No Trouble Reports Trouble Reports P.1/1 ID:RST KODIAK PAGE:001 R =97% MEMORANDUM TO: Judi Nielsen, Borough Clerk THROUGH: Pat Carlson, Manager, Kodiak Island Borough Michelle R. Stearns, AICP, Director, CDD FROM: Martin Lydick, Associate Planner, CDD DATE: September 30 2004 RE: Review of Liquor license ( #3916) renewal application for Kodiak Island Winery submitted to the State of Alaska - Alcoholic Beverage Control Board (ABCB). The Community Development Department (CDD) has reviewed the above referenced application to renew a liquor license located within the Kodiak Island Borough (KIB). On September 29 2004, CDD staff completed a file code compliance review of Kodiak Island Winery, located on Lot 2, United States Survey 4935, mile 36.25 Chiniak Hwy. Staff has made note of existing Title 17 — Zoning issues pertinent to this property and action. I have attached a copy of the Field Review Check List prepared by staff as part of this review. Attachments include: Letter dated 3/31/99; Letter dated 12/6/02; Letter dated 4/18/02; minutes of Planning and Zoning Commission meeting of 9/17/03. If you have questions, or require additional information about this review, please feel free to contact me at 486 -9361. a " U 1 4 , 71` Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us \ \dove \Departments \CD\Alcohol Beverage License Memos \Memo to Borough Clerk Kodiak Island Winery.doc DATE September 29, 2004 STREET ADDRESS Mile 36.25 Chiniak Hwy LEGAL DESCRIPTION United States Survey 4935 Lot 1 / PID# R5400000130 OWNER Lucas, J & J; dba Kodiak Island Winery MAIL ADDRESS P O Box 5630, Kodiak, AK 99615 TELEPHONE NUMBER (907) 486 — 4848 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us FIELD REVIEW CHECK LIST PURPOSE OF REVIEW LOT SIZE ZONING ACCESS Liquor License ( #3916) Renewal Application Seven (7) acres C - Conservation Zoning District: Uses are not legal uses. Public road frontage / unobstructed sightlines CURRENT USE DATE ESTABLISHED BUILDGING SIZE "AS- BUILT" ON FILE? OCCUPANT LOAD PARKING CALC PRK'G PLAN ON FILE? SIGNAGE Commercial winery, gift shop, multiple dwelling rentals April 1 1999; Assembly voices "Non- objection" to new license application subject to two (2) conditions * *. Unknown No Unknown Unknown No Roadside / unlighted COMMENTS / NOTES * *Condition (1) read: "Kodiak Island Borough zoning and building codes must be adhere to." _ Ltr: Lucas Advisory 03/21/99 attached _ Ltr: Lucas Advisory 12/06/02 attached _ Ltr: Lucas Notice of Violation 04/18/03 attached P &Z Case No. 03 -010: Application for Rezone; postponed, meeting minutes attached REVIEWER artin Lydick, Associate Planner Code Enforcement l�r 94y /y \\ dove \Departments \CD \ENF\Property Files \Field Reviews \Lucas USS 4935 Lt 1 \Field Rvw Kodiak Island Winery.docPage 1 of 1 1 State of Alaska Department of Public Safety Alcoholic Beverage Control Board Frank H. Murkowski, Governor deske, Commissioner E U► lg II U E gust 13, 2004 1 3 $OIIOUGN MOM'S OFFICE 1 MI112004 Kodiak Island Borough Judith Nielsen, Clerk, Clerk 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Nielsen: We have received a renewal application for the licenses listed above (see attached applications) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest' by a local governing body under AS 04.11.480 is included in this letter. A local goveming body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(6) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note. Applications t[ -s app for under AS 0 . 11 . ) 15 .. 10. 335( .(_, AS Note: ry.lylll:nuVlla aNNucu IVI unUel MJ V4.1 1.9VVt9J, 15 FWD. IV4.33Dta)t3 /, %1A 1r4.'11 .U9U(e), and 15 AAC 104.660(e) must be approved by the goveming body. Sincerely, /lane 7fannan Jane Hannan, Business Registration Examiner Alcoholic Beverage Control Board 5848 E Tudor Road - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 Kodiak Island Winery 04/05-3916 Mile 36.25 Chiniak Hwy Alcoholic Beverage Control Board 5848 E Tudor Road - Anchorage, AK 99507. - Voice (907) 269 -0350 - Fax (907) 272 -9412 Alcoholic Beverage Control Board 5848 E Tudor Road - Anchorage, AK 99507. - Voice (907) 269 -0350 - Fax (907) 272 -9412 SECTION A. LICENSE INFORMATION. Must be completed. FEES License Number: 3916 Liquor License Type: Winery License Fee: Filing Fee: Penalty Fee: (If applicable) $ 500.00 $ 200.00 $ 500.00 _, License Year: 2004/2005 Local Governing Body: (City, Borough or Unorganized) Outside City Limits - Kodiak Island Borough Statute Reference Sec. 04.11.140 Has the license been exercised or active at least 30 eight -hour days during each of the two preceding calendar years? 1AS 04.11.330(3)1 t Yes ❑ No If No, your application will be denied unless a Waiver of Operation (form available) is approved by the Alcoholic Beverage Control Board. Federal EIN or SSN: / 9 r d ©/ 1: tl 27 Total Submtte ~ 0 m Name of Licensee: Judith J & John R Lucas Street Address or Location of Business: Mile 36.25 Chiniak Hwy. Community Council Name(s) & Mailing Address: Doing Business As (Business Name): Kodiak Island Winery City: Outside City Limits Mailing Address: P O Box 5630 Business Telephone Number: 967 Y g (0 L7 7 GJ City, State, Zip: Chiniak,AK 99615 Fax Number: 11/4JGniE__ ❑ Check if this is a NEW mailing address Email Address: SECTION B. RENEWAL INFORMATION Has the licensed premises been changed from the last diagram submitted? ❑ Yes If yes, submit a new diagram % No Has there been any change in ownership interest since the last application submitted? � ❑ ,( . Yes T N PACKAGE STORE: Does this renewal include renewal of the notice required under ASO4.11.150(a) to sell alcoholic beverages in response to written orders? _ ❑ Yes 0 No SECTION C. Individual, corporate officer, director, limited liability organization member, manager or partner background. Does any individual, corporate officer, director, or limited liability organization member, manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? ❑ Yes 1' No If Yes, complete the following. Attach additional sheets if necessary. Name Name of Business Type of License Business Street Address State Has any individual, corporate officer, director, or limited liability organization member, manager or partner named in this application been convicted of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state since the last application submitted? I LI Yes If yes, attach written explanation. $. No 550 W. 7` Avenue, Suite 540 Anchorage, AK 99501 This application is for: ❑ Seasonal — Two 6 -month periods in each year of the biennial period beginning F ' Full 2 -year period Renewal 8/02 Renewal Liquor License Individual, Partnership, Joint Ver M and ending Mo/Day . MVL. . V. L 907269 -0350 Fax: 907 272 -9412 www.abc.revenue.state.ak.us License Number Date Approved Director's Signature 550 W. 7` Avenue, Suite 540 Anchorage, AK 99501 This application is for: ❑ Seasonal — Two 6 -month periods in each year of the biennial period beginning F ' Full 2 -year period Renewal 8/02 Renewal Liquor License Individual, Partnership, Joint Ver M and ending Mo/Day . MVL. . V. L 907269 -0350 Fax: 907 272 -9412 www.abc.revenue.state.ak.us Signature of Licensee(s) Applicant ❑ ,Sigriatu y 7/ Signe Affiliate • Mailing Address ame & Title (Please Print) JnhA) R L0CPS C Z; ottl/ie0 Nam itle (P ease Print) • J % owNer Subscribed and sworn to before me this ' Z �� day of J Ds-l; Subscribed and sworn to before me this %� u.. day of - ., a„ L^0 3 Date of Birth N r : y Public and for the State of Alaska Al , (Le.. r lrl rr. M co ission ex s: Y P IC Not: - Public V / Mom in . • for the State of Alaska ( ..... „ ».�....,,.,,�. �� -Sion exit p 't ioLl.� / tat" !i. PTT Full Name Applicant ❑ Full Name Applicant • Affiliate ❑ Affiliate • Mailing Address Mailing Address City, State, Zip Code City, State, Zip Code Date of Birth Home Telephone No. Work Telephone No. Date of Birth Home Telephone No. Work Telephone No. Home Telephone No. Note: On a separate sheet provide information on ownership of all organized entities that are partners or joint venture parties of the licensee. Individual(s), Partner(s), Joint Venture Parties OR Affiliates. Attach additional sheets if necessary. Full Name � Jo hAi t` Lvc Applicant 5' Affiliate ❑ Full Name / .JuJ J t. VCAS Applicant W Affiliate ❑ Madill Address iox SC n Mailin_• Address - C n City, State, it Code /+/< �� S 9Y I . L a City, S . „Zip /r . Date of Bi 1 /6 -- ViQ Home Telephone No. 1 /14 61,99 WortTelephone No. 9' 7.6 LAW Date of Birth /o/ /q/ Home Telephone No. 96) YTb'ia? Work Telephone No. Vie VYQT Full Name Applicant • Full Name Applicant • Affiliate ❑ Affiliate • Mailing Address Mailing Address City, State, Zip Code City, State, Zip Code Date of Birth Home Telephone No. Work Telephone No. Date of Birth Home Telephone No. Work Telephone No. 550 W. 7 Avenue, Suite 540 Anchorage, AK 99501 ncucrra■ ■..ryuU• LatcuJc Individual, Partnership, Joint Ver This application is for: ❑ Seasonal - Two 6 -month periods in each year of the biennial period beginning I' Full 2 -year period Mo /Day Declaration • I declare under penalty of perjury that 1 have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. • I hereby certify that there have been no changes in the ownership interest of this license that have not been reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of the (partnership) (joint venture), it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of any license issued. • I further certify that 1 have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the licensee(s) has any direct or indirect financial interest in the licensed business. • I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. Renewal 8/02 I CHERYL G i My Commission expires/ .NALL and ending Mo/Day NOT `. IV/ P 907269 -0350 Fax: 907 272 -9412 www.abc.revenue.state.ak.us CHERYL GOI NAL L My Commission expires: .- ./4'(. .Lif.l�! ..... s explained the Borough was responsible for purchasing equipment for the hospital, regardless of whether the hospital made or lost money. COMMITTEE REPORTS Assemblymember Arndt reported the Island Lake Task Force had developed rules of the Lake that were mailed to property owners within 500 feet of the Lake. The Task Force would present their findings to the Assembly at a work session in May. Assemblymember Heinrichs reported the Joint Building Review Code Ad Hoc Committee was reviewing changes to the building codes. He said the meetings were productive, and the committee would be presenting recommendations to the Assembly. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. New Winery Application Submitted by Judith J. NEW WINERY Lucas to be Located at Mile 36 1/4 Chiniak APPLICATION Highway, Chiniak, Kodiak Island Borough, Alaska. HEINRICHS, seconded by ABELL Regular Assembly Meeting April 1, 1999 moved to voice non - objection to the new winery application submitted by Judith J. Lucas to the Alcoholic Bevera e Control Board 7ect to the two conditions: Kodiak Island Borough •ping and ilding codes \must be adhere ' ant needs to sp 'fy on the ABC liquor license application the exact legal description as well COMMITTEE REPORTS Volume XXV Page 34 Noes: None MOTION CARRIED Unanimous as the assigned street number for the location of the winery. Manager Manninen stated there was no objection to approving the application. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell MESSAGES FROM THE BOROUGH MANAGER MESSAGES FROM MANAGER Manager Manninen reported the Borough budget would be presented to the Assembly in two weeks. He advised the legislature was exploring elimination of the Municipal Assistance /Revenue Sharing Program. In the past, revenue sharing had been reduced five to seven percent each year; however, this was the first year where the legislature threatened to eliminate the funding. He said eliminating the funding would affect the villages the most. He urged the community and Assembly to contact their legislative representatives to let them know that eliminating the Municipal Assistance /Revenue Sharing Program would affect our community. He felt it was the duty of the community and Assembly to remain vigilant until the legislative body adjourned May 21. Manager Manninen noted that the University of Alaska - Fairbanks (UAF) had not signed the lease agreement for space at the Kodiak Fisheries Research Center. He advised that should the Borough accept the contract that UAF proposed, the Borough would lose $400,000 over the next twenty years. Regular Assembly Meeting April 1, 1999 Volume XXV Page 35 Judith J. Lucas PO Box 5630 Chiniak, AK 99615 RE: Proposed "Winery" at mile 36.5, Chiniak Highway Lots 1 & 2, U.S. Survey 4935 Dear Ms. Lucas: It recently came to our attention, through your liquor license application to the Alaska Alcoholic Beverage Control Board, that you plan to open a winery at your property at Mile 36.5 Chiniak Highway, on Lots 1 & 2, U.S. Survey 4935. This letter is being sent to you as a courtesy, to make sure you are aware of the zoning requirements for your property, which is zoned C- Conservation. Chapter 17.13.020 of the Borough Code (copy enclosed) outlines the permitted uses in this zoning district. While an independent "winery" clearly is not similar to any of the permitted principal uses in this zoning district, it could be allowed to operate if it meets the guidelines for a home occupation (see 17.13.020 G). A copy of the home occupation code section is also included for your information. You should be aware of, and make sure that your "winery" meets these home occupation guidelines. In addition, our records show that in 1996 you were issued a zoning compliance permit (BZ96- 018) and a building permit (BB96 -018) to add a 18' X 48' barn to an existing building. It appears, from photos in the Borough's assessing files, that the existing building was the old sawmill. Assessing records also indicate that there are a total of five homes (single - family residences) on your two parcels. You should be aware that Borough Code permits only one dwelling unit per lot in the C- Conservation zoning district, unless there is documentation that additional residences were constructed prior to June 4, 1980. You are reminded that no additional dwelling units can be constructed on either of your two parcels. This precludes construction of any dwelling units within the barn and/or sawmill, or other structures on the property. If you have questions regarding any of this information. please contact me at 486 -9361. Sincerely, ( A Eileen Probasco, Assistant Planner Community Development Department cc: KIB Manager & Assembly Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 Donna Smith, Borough Clerk Borough Assessor Planning & Zoning Commission March 31, 1999 FILE COPY Letter of Courtesy & Advisory Certified Mail / Return Receipt Requested Receipt No: 7099 3220 0000 0475 8859 Reference: United States Survey 4935 Lot 1 & 2 Zoning District: C — Conservation. Mr. John Lucas Ms. Judith Lucas Post Office Box 5630 Chiniak, AK 99615 Dear Mr. & Ms. L This g' espondence as dir 4ted to you asid Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 vvww.kib.co.kodiak.ak.us nd advisory. December 6, 2002 On j" 31 of March 199 this departme maile Mrs,'e "tter nottfyingv$u of apparent zoning vio ' .ns existing on the r operty desc led abo . The letter (copy eggl sed) outlined this depart o 's concern "as tkt relate to ha usines se of the property, specifically, the establishment ginnierciai en ,gj w�( +ery), anahe excessive number fi fsingle- family residences which have been constructed on the property and utilized as rental residences. Enclosures of Kodiak Island Borough Code 17.13.020 (permitted uses within the conservation zoning district), and Kodiak Island Borough Code 17.06.320 Horne Occupations, accompanied the letter. On the 6 of April 1999, you were courtesy copied a letter (copy enclosed) from the Borough Clerk to the State of Alaska, Department of Revenue, Alcoholic Beverage Control Board notifying that agency that the Kodiak Island Borough Assembly had voiced non- objection to a new license application for Kodiak Island Winery (License #99/00- 3916). The non - objection was predicated upon several conditions, among which was the stipulation that "( l) Kodiak Island Borough zoning and building codes must be adhered to. " On the 21 of Nov. 2002, this department became aware of an advertisement (copy enclosed) in the Kodiak Daily Mirror offering a one - bedroom cottage for rent in Chiniak. Also offered for rent was a "weekend getaway" available on a nightly or weekly basis. \ \Dove \Users \mlydick \word \Zoning Violations \Advisories \USS 4935 Lt 12 Lucas.docl1/26 /2002 Page 1 of 2 Subsequent review of the property record files in the Community Development Department, Assessing Department, and the Building Inspector's Office, has failed to uncover any evidence that the development and construction which has been undertaken on the property described above meets either the requirements of the Kodiak Island Borough zoning ordinances or building codes. Your inattention to the requirements for zoning compliance permits (Kodiak Island Borough Code Title 17.03.060) and building permits (Kodiak Island Borough Code Title 15.04.030) places your ability to continue operations as they have been conducted in the past in serious jeopardy. Failure on your part to contact this department and present a viable plan to bring the property into compliance, and / or, produce evidence sufficient to establish a finding of "grandfather rights ", or other such exemption, within thirty (30) days from the date of this correspondence, may result in the issuance of a formal Notice of Violation with attendant legal consequences. Your recognition and attention to these requirements of the Kodiak Island Borough Code is appreciated. Thank you, Martin Lydick, Associate Planner_Code Enforcement Kodiak Island Borough Community Development Department Doug Mathers City of Kodiak Building Official Cc: Duane Dvorak, Director, KIB / CDD Patrick S. Carlson, Manager, KIB Judi Nielsen, Clerk, KIB KIB Planning & Zoning Commission File. Enc(s): Letter of Courtesy, 3/31/99; Letter, Clerk_ABC Board, 4/6/99; KDM Ad 11/21/02. \ \Dove \Users \mlydick\word\Zoning Violations\Advisories \USS 4935 Lt l_2 Lucas.doct 1/26/2002 Page 2 of 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road ICodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.ltib.co.kodiak.ak.us NOTICE OF VIOLATION CERTIFIED MAIL /RETURN RECEIPT REQUESTED RECEIPT No.: 7099 3220 0000 0475 8170 Ref: United States Survey 4935 Lot 1 / 38057 Chiniak Hwy Applicable Zoning District: C — Conservation Zoning District Mr. John R. Lucas Ms. Judith J Lucas Post Office Box 5630 Chiniak, AK 99615 Dear Mr. & Dba Kodia Nine Dba Kodip cas, d Winery nery Cottages April 18 2003 The Icodlak Isla»d Borou i has determined th46Zoning Compliance Permit BZ 96 018 issued on April 5- 1996 was imprefle1.f obtained' t1re declarations of existing improvements on the property, and the intended use of the proposed construction authorized by the zoning compliance permit (barn addition), were misrepresented. The record documents that there are multiple residences located on the property, not the "one" single - family residence and "accessory" buildings as declared on the zoning compliance permit. In addition, the actual construction was a building designed and utilized for commercial purposes, i.e., manufacturing and retail trade, and not a "barn addition" as represented on the zoning compliance permit. Per Kodiak Island Borough Code 17.03.020 Conformity with regulations required; No building, part of a building, or any land shall he used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or lana is located. The property described above is zoned C — Conservation. The establishment and operation of commercial enterprise(s) as currently conducted on the property, i.e., Kodiak Island Winery, and Winery Gifts, are not permitted, nor conditional use(s) within the applicable zoning district. \\ Dove \Users \mlydicic\word\Zoning Violations \NoV2003 \NuV IJSS 4935 Lot I_Lucas.doc4 /I8 /03 Page I of 4 The property described above is zoned C — Conservation. Per Kodiak Island Borough Code 17.13.020 Permitted Principal Uses and Structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU- Natural Use Zoning District. G. Single-family dwellings /recreational cabins and associated home occupations; Records maintained by the Kodiak Island Borough Assessor's Department lists the existence of only one residence located on the property as of January 1` 1981. The subsequent construction, and / or, remodel of any accessory structures now utilized as residential rentals is entirely undocumented in the files of the Assessing Department, the Building Inspector's Office, and the Community Development Department. The multiple residences located on the property described above are utilized as short -tens and long -term residential rentals. Per Kodiak Island Borough Code 17.13.040 Conditional Uses. The following land uses and activities may be allowed by obtaining a conditional use pen in accordance with the provisions of chapter 17.67 of this title: A. All of the permitted principal uses and structures in the NU- Natural. Use Zoning District. D. Lodges that have pr.-'t No application and grr, Kodiak IsldnttVorough code L' uncovered in the f11es.iithe IC substantiate a claim of lodge us sions for mote than si.(6) clients ' Conditional Use is a,ina1ter of record in the;files of the lnunity Lisyelopmet ^ 3epartment. Nor bas'°atiy record been od %a1c1slart1 Department, which°would e for these multiple residences. Per Kodiak Island Borough Code 17.03.080 Uses prohibited unless authorized; Land uses not listed as a permitted use in a district are prohibited. With authority found in Kodiak Island Borough Code 17.75.010 Administrative enforcement action; which reads in part, ".... zoning officer may order....The discontinuation of unlawful uses of land and structures; .... " Therefore, according to standard policy, a thirty (30) day deadline (from the date of this correspondence) is now established by administrative decision for you to abate these violations. [1] The violation to be abated is the occupancy of the building constructed under the auspices of zoning compliance permit number BZ 96 — 018, and the use of the land and building for unpennitted commercial purposes. [2] The violation to be abated is the unpermitted occupation and use of multiple residences located on the property. \\ Dove \Uses \mlydicld word \Zoning Violations \NoV2003 \NoV USS 4935 Lot l_Lucas.doc4/ 18/03 Page 2 of 4 Failure to comply with the requirements of the Kodiak Island Borough Code may subject the property owner to certain civil penalties. Per KIBC 17.75.030 [Penalties and remedies] A. A person who violates any provision of this title, an order issued under subsection 17.75.010(A) of this chapter or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. B. C. Each act or condition violating this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues, or is repeated, shall be a separate and distinct violation. In the event )ou disagree it ppeali 17.90.020 [Commencement of appeal — Stay] A. A decision of the community development department director is final unless appealed to the Planning and Zoning Commission within ten (10) working days of receipt of notification of the decision. B. An appeal is commenced by tiling with the community development department a written notice of appeal, specifically stating the reason for the appeal, the relief sought, and payment of the appropriate fee ($150.00). Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. \\ Dove \Users \mlydick \word \Zoning Violations \NoV2003 \NoV USS 4935 Lot 1_ Lueas.doc4 /I8 /03 Page 3 of Thank -you for your attention to this matter, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department Cc: Duane Dvorak, Acting Director, Community Development Department Pat Carlson, Manager, Kodiak Island Borough Kodiak Island Borough P& Z Commission City of Kodiak Building Official File \ \ Dove \ Users \mlydick \word \Zoning Violations \NoV2003 \NoV USS 4935 Lot I_Lucas.doc4 /18/03 Page 4 of 4 1 SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 03 -010. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation to RND -Rural Neighborhood Development. STAFF reported nineteen (19) public hearing notices were distributed for this case with none (0) being returned prior to the meeting. Staff indicated that the proposed zone should be Rural Neighborhood Commercial instead of Rural Neighborhood Development. Staff recommended denial of the recommended motion. COMMISSIONER CARVER MOVED TO recommend the rezone of Lot 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial; and Lot 2, Isthmus Bay Subdivision from RR2 -Rural Residential Two to RNC. Rural Neighborhood Commercial, subject to the recommended effective clauses contained in the staff report dated September 10, 2003, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. EFFECTIVE CLAUSES 1. The rezone shall not become effective until the petitioner has consolidated approximately 3 acres of Lot 2, Isthmus Bay Subdivision with Lot 1, U.S. Survey 4935 in order to provide a suitable boundary for the rezone area that will provide appropriate frontage for commercial and residential uses. 2. The petitioner shall have an as -built survey conducted of all existing improvements in order to determine conclusively what follow on actions are minimally necessary to bring the commercial uses on the new consolidate lot into compliance with the applicable zoning requirements. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: John Lucas, Applicant: Asked the Commission to consider postponing this case and to review the Chiniak Comprehensive Plan. P & Z Minutes: September 17, 2003 Page 2 of 10 Po ins Marie Rice, Chiniak Resident: Asked the Commission to review the Chiniak Comprehensive plan and to consider other areas for rezone, not just this specific lot. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO AMEND the motion to postpone this case until the February 2004 regular meeting of the Planning and Zoning Commission and to add review of the Chiniak Comprehensive Plan to the October 2003 regular meeting as an old business item. The motion was SECONDED by COMMISSIONER BOEHLAND. COMMISIONER BOEHLAND MOVED TO AMEND the amendment to postpone this case until such time as the Chiniak Comprehensive Plan has been reviewed and/or revised. The motion was SECONDED by COMMISSIONER CARVER. The question was called on the amendment to the amendment and CARRIED by unanimous roll call vote. The question was called on the amended amendment and CARRIED by unanimous roll call vote. Case S03 -016. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 6A, Tolbert Subdivision creating Lots 6A -1 and 6A -2, Tolbert Subdivision and preliminary approval of the vacation of the sewer easement crossing the southern portion of Lot 6A and preliminary approval of the creation of a fifteen (15) foot and five (5) foot storm drain easements along the western side of Lot 6A. STAFF indicated eighty (80) public hearing notices were distributed for this case with one (1) being returned objecting to the request. Staff recommended approval of this request subject to six (6) conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in nn° n with I 16 40 o the he .. ...: ,.0 Lot 6 n m_lt_ti Subdivision __ •- -- - - •- -..••r •..•.• + +..+.. +...T.r, v• u .., ouuut vmluu of 1.vt ufi, 1 t)l uolt creating Lots 6A -1 and 6A -2, Tolbert Subdivision, subject to the conditions of approval contained in the staff report dated September 10 2003, and to adopt the findings in that staff report as "Findings of Fact" for this case. P & Z Minutes: September 17, 2003 Page 3 of 10 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 13, 2004 APPROVED: Motion to approve a certificated contract for the 2004/2005 school year to Kim Raisley — BA +0/0 in the amount of $33,543 for 1.0 FTE Peterson Elementary School. APPROVED: Motion to adjourn. SUMMARY I I TOTAL I II Ms. Wells I Mr. Heinrichs I I Ms. Branson I Mr. Bonney I Mr. Anderson I I Mr. Abell C P 0 P .-- z TOTAL Ms. Wells Mr. Heinrichs Mr. Anderson Mr. Abell 8 of D z TOTAL Ms. Wells Mr. Ranney Mr. Heimichs Ms. Branson Mr. Bonney s Mr. Abell V) 0 o l z TOTAL Ms. Wells Mr. Ranney Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Anderson Mr. Abell 1 Ch CD 0 Se5 c< N2::2 -. C3. ÷ cr____.. 14 I � , 0 Z TOTAL Ms. Wells Mr. Barney 4r. Heinrichs �. Anderson = a a 0 .t..... � — a s N \ "kr--„Hc •C z a 0 PD a 0 0 Q u 0 o 3 y r 0 cp tri tri x -3 a cn cn tri a TOTAL II Ms. Wells Mr. Ramey Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Anderson t Mr. Abell N t. n .. _ O o in f TOTAL Ms. Wells Mr. Ramey Mr. Heinrichs Ms. Branson Mr. Bonney 4 Mr. Anderson Mr. Abell CD o teC c V Z TOTAL Ms. Wells 1 Mr. Heinrichs Ms. Branson Aft 1 1 Mr. Abell a C° , 2 t a `v p < O 0 z TOTAL Ms. Wells Mr. Ramey Mr. Heinrichs �7 Ms. Branson Mr. Bonney Mr. Anderson Mr. Abell —�, : O IV 1✓ IV " z TOTAL Ms. Wells , Mr. Ramey -+y Mr. Heinrichs cn to O o a�'c._ c C c 17 z iD o rD w O as C N F a h n a o CD 0 0 0 0 a 0 cra 0 II Ms. Wells 4 I Mr. Heinrichs Ms. Brinson Mr. Bonney Mr. Abell ij CA OV CD o 11 11/ 1 ✓, z Ms. Wells 4 1 Mr. Heinrichs T! T Mr. Bonney 1 Mr. Abell CD A G 0 7(-- , DI z TOTAL Ms. Wells Mr. Ramsey Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Abell _ � w o CA a I y,I .< TOTAL Ms. Wells Mr. Ranney Mr. Heinrichs Ms. Bronson Mr Bonney fL Mr. Anderson Mr. Abell 17 IV 0 TOTAL Ms. Wells Mr. Raney Mr. Heinrichs Ms. Branson Mr. Bonney Mr. Anderson By: Second: z CD 0 0 0 0 a 0 cra 0 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: )(',4t'; Please print your name Please print your name At \ Vc -S r IC I L4 rot) Kodiak Island Borough October 7, 2004 - 7:30 p.m. Assembly Guidelines Regular Meeting Assembly Chambers 1. INVOCATION Paster Larry Cornett of the Church of the Nazarene. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOT /ON 5. APPROVAL OF MINUTES - None. 6. AWARDS AND PRESENTATIONS A. Proclamation - Aksana Mather will receive the proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. (Limited to three minutes per speaker.) Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Kodiak Island Borough Assembly Guidelines October 7, 2004 Page 1 8. COMMITTEE REPORTS Ask if any other member of the audience has a committee report. Ask if any member of the assembly has a committee report. 9. PUBLIC HEARING - None. 10. BOROUGH MANAGER'S REPORT - Manager Carlson 11. MESSAGES FROM THE BOROUGH MAYOR - Deputy Mayor Bonney 12. UNFINISHED BUSINESS - None. 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. Recommended motion: Move to approve Contract No. 2004 -51 to Rhino Towing in an amount not to exceed $ 13,100. (Clerk's note - attached on pink paper is the first page of the contract that reflects an end date of June 30, 2006.) Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON 2. Contract No. 2004 - 52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. Recommended motion: Move to approve Contract No. 2004 -52 in the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC and authorize the manager to enter into a two -year license agreement. (Clerk's note - attached on yellow paper is the current draft agreement.) Staff report. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 7, 2004 Page 2 B. RESOLUTIONS 1. Resolution No. 2005 -05 Accepting a FY 2005 Alaska Coastal Management Program (ACMP) Grant for the Purpose of Partially Funding the Amendment of the 1984 Kodiak Island Borough Coastal Management Plan (KIB CMP) and Authorizing the Borough Manager to Enter into a Sole Source Contract with Glenn Gray and Associates for Unique Professional Services. Recommended motion: Move to adopt Resolution No. FY 2005 -05. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Resolution No. 2005 -06 Adopting Recommendations on the Department of Natural Resources Recommended Revisions and Issue Response Summary Relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands. Recommended motion: Move to adopt Resolution No. FY 2005 -06. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1.04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. Recommended motion: Move to adopt Ordinance No. FY 2005-07 in first reading — ' public: _ __ October a to advance to puuuc hearing 1111 vcwuw c 2004. Staff report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 7, 2004 Page 3 D. OTHER ITEMS 1. Revenue Accountant Hire at a Salary Range 20 Step I. Recommended motion: Move to authorize to hire the Revenue Accountant at a salary range 20 step I. Staff report. Recommended motion: Move to amend the the salary range to 20.5 step 1. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Review of Liquor License Renewal for Kodiak Island Winery. Recommended motion: Move to voice non - objection to the Alcoholic Beverage Control Board renewal application for the Kodiak Island Winery. Staff report. Assembly discussion. ROLL CALL VOTE ON MOTION 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS: • The Assembly will meet in a work session on Thursday, October 14 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, October 21 at 7:30 p.m. in the assembly chambers. 16. EXECUTIVE SESSION A. Matters Pertaining to Personnel: Recommended motion: Move to convene into executive session to discuss matters Kodiak Island Borough Assembly Guidelines October 7, 2004 Page 4 17. ADJOURNMENT pertaining to personnel. ROLL CALL VOTE (After the vote, Deputy Mayor Bonney asks the Borough manager, and Donna Carlson to join in executive session and recesses the regular meeting.) Upon returning from the executive session, Deputy Mayor Bonney reconvenes the regular meeting and announces that no action will be taken as a result of the executive session. With no objection, the deputy mayor adjourns the meeting. Kodiak Island Borough Assembly Guidelines October 7, 2004 Page 5 OCT -03 -2004 14:45 FROM:AST KODIRK tFV2I /2004 i111:1b "eUt- 4bb- 93 Department of Public Safety Alaska State Troopers Kodiak, AX 99615 Dear Jolene: We have received a liquor license renewal. Could you please 6l1 out this letter to advise us if there have been any trouble reports for the following establishments? Rypewal Kodiak Island Winery You may fax you Thank you, Laura Casey Assistant Clerk ca,„ SEP -29 -2004 11:19 F 90 466 9391 9074865810 TO:RiehtFax P.1/1 BOROUGH CLERK PAGE 01 Kodiak Island Borough OFFICE of the BOROUGH CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone ;907) 486 -9310 Fax (907) 486 -9391 No Trouble Reports Trouble Reports reply to the Borough Clerks office at 486 -9391. ID:AST KODIAK PRGE:001 R =97%