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03/10/2005 Work SessionKODIAK ISLAND BOROUGH WORK SESSION MEETING ^Ic Work Session Meeting of: please print your name 1. / y " ; /c'X'/2E-j 2. 1 \ r TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORAN Borough Assembly Nancy Galstad, Borough Manager Karleton Short, Finance Director School District in Kind March 10, 2005 UM Bud Cassidy asked me to prepare a spreadsheet on how much we have budgeted for in -kind services to the school district and how much we have spent this year. I already had a spreadsheet showing these expenses for the last ten years so I thought that I would include this data as well. When looking at the current year numbers you have to remember that many invoices will not be paid for 20 to 30 days, some even longer. The building insurance has been paid for FY2005 however. This came in $92,000 under budget This is partially offset by their liability insurance coming in $14,000 more than budget. Snow removal should come in below budget. I do not know how much we will spend on maintenance by the end of the year. Not shown on this spreadsheet is the amount the Borough paid for reimbursement of school district debt. In FY 2005 this will amount to $393,000, or over 1/2 mill. Between FY 1995 and FY 2004 the contribution to the school district went from 5.2 mills to 9.1 mills, an increase of 3.9 mills. Kodiak Island Borough Transfers and Expenditures to KIBSD FY 2005 General Fund 100 -180 MIS Mental Health Crossing Guard Audit Liability Insurance Sub Total FY2005 Budget 126,650 381,350 12,000 37,000 92,000 649,000 Building & Grounds Fund 220 -234 Building Insurance 275,000 Snow Removal 30,000 Minor Repairs 53,000 Major Repairs Projects 80,000 Sub total 438,000 TOTAL Inkind 1,087,000 Direct contribution 7,326,440 Total contribution 8,413,440 YTD 02/28/2005 84,433 190,675 6,000 24,210 106,171 411,489 182,911 7,331 Percent Available Used 42,217 67% 190,675 50% 6,000 50% 12,790 65% - 14,171 115% 237,511 63% 92,089 67% 30,000 0% 45,669 14% 0 80,000 0% 247,758 43% 190,242 601,731 485,269 55% 4,884,293 2,442,147 67% 5,486,024 2,927,416 65% 4 10 C Z 0 O O A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE UNITED SALMON ASSOCIATION FISHERIES ECONOMIC DEVELOPMENT GRANT WHEREAS, the State of Alaska is soliciting grant applications which provide funding for processing equipment to enhance the processing and marketing of salmon products; and WHEREAS, the United Salmon Association, a non - profit corporation, and Alaska Fresh Seafoods have developed a joint application to process high quality coho and pink salmon products for a market which has been developed over the last two years through the coordinated efforts of the Kodiak Branding and Marketing Committees of the Kodiak Chamber of Commerce and the United Salmon Association; and IA otkulin WHEREAS, the united efforts of the fishing entities —and the processing industry are a positive step forward for a stronger salmon market in the future; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Department of Commerce, Community, & Economic Development is urged to fund this application for the furtherance of salmon processing and marketing in Kodiak. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -20 Introduced by: Mayor Selby Requested by: Mayor Selby Introduced: 03/17/2005 Adopted: Kodiak Island Borough, Alaska Resolution No. FY2005 -20 Page 1 of 1 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE UNITED SALMON ASSOCIATION FISHERIES ECONOMIC DEVELOPMENT GRANT WHEREAS, the State of Alaska is soliciting grant applications which provide funding for processing equipment to enhance the processing and marketing of salmon products; and WHEREAS, the United Salmon Association, a non - profit corporation, and Alaska Fresh Seafoods have developed a joint application to process high quality coho and pink salmon products for a market which has been developed over the last two years through the coordinated efforts of the Kodiak Branding and Marketing Committees of the Kodiak Chamber of Commerce and the United Salmon Association; and WHEREAS, the united efforts of the fishing entities and the processing industry are a positive step forward for a stronger salmon market in the future; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Department of Commerce, Community, & Economic Development is urged to fund this application for the furtherance of salmon processing and marketing in Kodiak. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, cMc, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -20 Introduced by: Mayor Selby Requested by: Mayor Selby Introduced: 03/17/2005 Adopted: Kodiak Island Borough, Alaska Resolution No. FY2005 -20 Page 1 of 1 State of Alaska Land Classifications for the lands under the Kodiak Rocket Launch Complex IMLA INTRODUCTION The Rocket Launch IMLA is identified in two different "Unit Numbers" as identified in the State of Alaska's Kodiak Area Plan, recently adopted. Below is a discussion about the land classification of each unit. Original IMLA (2880 Acres) • Kodiak Area Plan — Unit Number K - (Rocket Launch) • Current Classification — Gu Rd (General Use /Recreational Dispersed • Management Intent Except as noted below, parcel is to be managed for multiple uses, primarily grazing, habitat, dispersed recreation, and the operations of the Kodiak Launch Complex. Management shall be consistent with the management agreement between DNR and the Alaska Aerospace Development Corporation (ADL 226285). The area within one - quarter mile of the coast within Section 4 and 6 and the west half of section 9 are designated Rd. Public access and the opportunity for public use of this areas trails, beaches and natural resources (fossil beds) are to be maintained in authorizations granted by DNR. Protect deer range and anadromous stream. • Resources /Uses /Additional Information This parcel is defined by the boundaries of an ILMA (ADL226285) issued to Alaska Aerospace Development Corporation to operate an orbital launch facility near Narrow Cape. There is also a grazing lease (ADL 221677) and a lease for a Coast Guard Loran Site (ADL 67915) on this parcel. It is a fairly flat area comprising of moist tundra vegetation of tall grasses. It includes low- density winter range for deer. The western portion of the parcel is crossed by an anadromous stream that provides rearing areas for Coho salmon. The Alaska Heritage Resources Survey (AHRS) reports several prehistoric and historic heritage sites in or near this parcel. The portion of this parcel adjacent to the coast is designated `Recreation' by the land use plan for the Pasagshak Area of the Kodiak Island Borough Addition to the IMLA (837 Acres) • Kodiak Area Plan — Unit Number K - 44a • Current Classification — Gr, Rd General Use/Recreation Dispersed • Management Intent Manage for grazing and public recreation. Add that DNR Grazing management plans must take into consideration protection of lagoons and beach meadow strips • Comments Original unit (K -44) was divided between the portion with the active grazing lease (K44A) and the portion outside of the grazing lease (K44B). Unit K -44A includes the Burton Ranch, an area that has been used for grazing and recreation on a long -term basis Below are the definitions for the State of Alaska's land classifications 1. Gu — General Use Land that contains one of more resource values, none of which is of sufficiently high value to merit designation as a primary use, or, because of the size of the parcel, a variety of uses can be accommodated with appropriate siting and design considerations. General Use may also apply where there is a lack of resource, economic, or other information with which to assign a specific land use designation, and/or the lack of current demand implies that development is unlikely within the planning period. Uplands with this classification are available for conveyance to municipalities unless stated otherwise in the parcel's management intent, but cannot be sold to individuals. Tidelands with this designation cannot be conveyed except to municipalities under AS 38.05.820 and AS 38.05.825. This designation can be assigned to both uplands and tidelands. When applied to tidelands, this would include tidelands, shore lands and submerged lands not designated in tideland parcels or tideland resource management zones for specific habitat, harvest, economic, or recreation functions. These areas are generally considered appropriate for a wide variety of uses such as set net sites, mariculture facilities, or other typical uses of tidelands. Whether and how a tideland area designated General Use is to be managed will be decided through formal state and federal permitting procedures. Tidelands and submerged lands fall within the purview of the Alaska Coastal Zone Management Program, and most development proposals require a Coastal Zone Consistency Determination before a use or facility can be authorized. In instances where the Coastal Zone Management Program does not apply, tideland use will be decided by DNR permitting actions. Most tidelands and submerged lands within the planning area, including those specific parcels designated Harvest (Hv), are recognized to contain important fisheries of one or more type; subsistence, recreational or commercial harvest. Areas not specifically identified with a designation on the Plan Maps; not otherwise classified in this plan; or that are acquired by the state subsequent to the approval date of this plan, are designated General Use. Rd — Public Recreation and Tourism - Dispersed This designation applies to those areas that offer or have a high potential for dispersed recreation or tourism and where desirable recreation conditions are scattered or widespread rather than localized. Developed facilities are generally not necessary other than trails, trail signs, primitive campsites, and other minor improvements. Land in this designation may be conveyed to municipalities depending on the parcel's management intent and the relative value of the recreation resources for which the parcel was designated. These lands cannot be sold to individuals. This designating can also apply to tidelands. If used as a tideland designation, it applies to areas that are widely used for recreation by either commercial recreation operators or the public, and are usually associated with the use of fisheries or the viewing of a unique or scenic area. Use patterns are dispersed over a fairly large area, and few public facilities are provided other than boat launches, docks, and mooring buoys. Tidelands can be conveyed to municipalities under certain conditions, but cannot be transferred to individuals. CO 0 c t � N l o w . s- - Wb o m a-' N - 0 CO m Tm a C t z C RI 0 0 > d E N N 9 0 a) E° c i. -3 r L 0 (1.) 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Phones Phone # Max# Fax Mar. 4. 2005 11.46AM 907 586 1097 MAR -02 -2005 WED 02:08 FN S0A DNR SCRO Land No.1039 P. 1/1 icazeis FAX NO. 907 269 8913 STATE OF ALASKA Department ot.Natural Resource Division of Mining, Land and Water INTERAGENCY LAND MANAGEMENT ASSIGNMENT (Kodiak Launch Complex) ADL # 225285 r� Dated this clay of 2b( ,203 P. 02 Thle is an amendment of the existing IL14IA. This authorisation updates and replaces the original ILMA dated May 18,1994. The Department of Natural Resources. Division of Mining, Land and Water, Seuthcentral Region, 550 W. 7 Ave., Suite 900C, Anchorage, AK 99501 hereinafter known as the Assignor, assigns, to the Alaska Aerospace Development Corporation 4300 0 Street, Smite 101, Anchorage, AK 99503, hereinafter known as the Assignee, jurisdiction and management of the land described on the attached Exhibit "A ". Jurisdiction and management includes the authority to manage the surface and so much of the subsurface as specified in the development plan approved by the Division of Mining, Land and Water, attached and made part of this document as Exhibit "B" - Special Stipulation # 3, in order to make use of the land for an orbital launch facility, or other aeraspaet related activities within the jurisdiction of the Assignee. The right of the Assignee or Assignee's contractor(s) to construct, maintain, or improve and remove buildings, roads, airports, and works of other description, and to use or remove sand, gravel, timber or other materials en or near the surface for purposes directly related to the.project is limited to those expressly stated in the approved development plan, and is subject to the stipulations attached and made part of this document as Exhibit "B ", The right to grant or permit the creation of third party interests for utilities or other public works (such as roads, pipelines, etc.) that are extensions of improvements from adjoining lands end do not interfere with the approved use of the tract is subject to the written approval of the Division of Mining, Land & Water. The assignment, grant or any other creation of third party interest for any use other than those specified is not permitted unless such uses are specified on Exhibit "Et" attached to this document or are specifically authorized in writing by the Division of Mining, Land & Water. The Division of Mining, Land & Water reserves jurisdiction and management of all minerals including all and gas in the above described land. Lands that are in excess of the Assignee's needs shall be returned to the management jurisdiction of the Division of Minting, Land & Water upon a finding that the site has been rehabilitated to the satisfaction of rho Regional Manager of the Division of Mining, Land & Water. The term of this assignment is 30 years from the date of issuance and will expire at midnight on the I7' day of May, 2024. The assignment may be renewed under the same terms and conditions provided the subject property continues to be used for an orbital launch facility or other aerospace related activities. Mar. 4 2005 11 :46AM 907 586 1097 MAR -02 -2006 WED 02:08 PM SOA DNR SCRO land ILMA AFL 236285 Paget an UNITED STATES OF AMERICA) State of Alaska Judicial District UNITED STATES OF AMERICA} State of Alaska Judicial District 1 OFFICIAL SEAL STATE of ALA MARTHA CCHOMNTHAL '$ NOTARY PUBLIC Notary .Public7n and My commissio`f.expugs 1, s ���i %i ° r jjl No 1039 P. 2/7 FAX NO. 907 269 8913 P. 03 CQ.44-.1 /7r / GTA jrl��� Richard B. Thompson - Regions Manager ONR - Division of Mining, Land and Water T S IS TO CERT Y that on this �h day of Ce l 20 O before me personally appeared _ I V t I A .se? G� - - 1 - yy ZScrINI of the Department of Natural Res urccs of the Stitt of Alaska, who executed the foregoing Interagency Land Management Assignment and acknowledged he/she voluntarily signed the same, IN TESTIMONY WBEREOF, I have hereunto set tny hand and affixis hi„ the day and year AT? . The teens and conditions of the interest conveyed herein are hereb ace red by the Alaska Aerospace Development Corporation, for public purposes this sa day of ' , 200 . Pet Ladner Alaslca Aerospace Development Corporation T CE I Tlb Y that on this 3 of 20 "'afore me personally appeared 4C of the Alaska Aerospace Dev opment Corporation, who executed the foregoing Interagency Land Management Assignment and aoknowledge he/she voluntarily signed the same. IN TESTIMONY WHEREOF, T have hereunto set my d an. the m . f is s 1 tht day and year shown above. Notary Public in and for the to o a My commission expir s: Mar, 4. 2005 11:46AM 901 586 1091 MAR -02 -2005 WED 02:09 PM SOA DNR SORO Land Interagency Land Management Assignment ADL 11 226285 EXIIIBIT "A" The following uplands are covered under this management assignment: Township 31 South, Range 19 West, Seward Meridian: al All state lands within Sections 31, 32, 33 and 34; and b] All state lends within the S 4 of Section 29 and S of Section 30. Township 32 South, Range 19 West, Seward Meridian: al All state lands within Sections 3, 4, 5, 6 and 9. Containing approximately 3117 acres. No,1039 P. 3/7 FAX NO. 907 269 8913 P. 04 Mar. 4, 2005 11 :46AM 907 586 1097 MAR-02-2005 WED 02:09 PM SOA DNR SCRO Land Amended Interagency Land Management Assignment: ADL # 226285 Special Stipulations EX'U BIT "B" 14.1039 P. 4/7 FAX N0. 907 269 8913 P, 05 1. Term of Aaeiynment (OA Condition of Returned Lend, The term ofthts assignment is 30 years. expiring on the 17 day of May, 2024. lf, upon expiration of this ILMA, the assignee desires a renewal under the same terms and conditions, and provided the ILMA parcel continues to be used for an orbital launch facility or other aerospace - related activities, by the assignee, a written request for renewal moat be submitted within 60.days prior to the expiration of this agreement. A renewal may be issued under the same tens and conditions for a period sotto exceed 30 years. Land returned to the Division of Mining, Land and Water, Department of Natural Resources (Division) shall be returned in a condition acceptable to tha Director, which may include rehabilitation of the she (to a similar condition as of May 1S, 1994, the effective date of the original ILMA) and/or removal of any improvements, equipment, and materials. The assignment may be cancelled for non -use or Violation of the terms and conditions of the assignment 2. Review of Assignment. pursuant to AS 38.04,060 (b), this assignment is subject to review by the Division of Mining, Land and Water for possible utilization other than for the purposes assigned when considered In the best interest of the state. In the event the ILMA parcel is inspected by the Division of Mining. Land and Water to determine compliance with the terms and conditions of the agreement, the Alaska Aerospace Development Corporation may be charged $100.00 or the Division's actual expenses, as determined by the Director. 3. Yreka Development Plan. The Division of Mining, Land and Water is in ieeeipt of the original project development plan submitted In 1994. The assignee shall submit an updated development plan to the Division of Mining, Land and Water detailing the construction of improvements since 1094 and detailing the construction of improvements applied for in this authorization. Any aigniffoant additions or corrections to this updated development plan mast be submitted to (and approved by) the Division of Mining, Land and Water prior to construction of any future Improvements, 4. Use of Subsurface. This assignment does not authorize the use of the subsurface estate or any materials an the site unless specifically authorized by these stipulations, the use Is Included in the development plan, or authorized in writing by the Division of Mining, Land and Water. The assignee shall have the right to drill water wells as are approved by the Division and are depicted on the project development plan. 5. Material Pursuant to 11 PAC 71,015, the assignee shall not sell, transfer, or donate material including gravel, sand, rock, or peat to a third party except as necessary to construct and maintain the facility when the material k used within the confines of thin assignment. The assignee shall have the right to take all soil borings and to conduct all other tests necessary for the design of an orbital latmch facility. 6. 'limber, If clearing timber on the site is required. creating will he conducted only In accordance with the development and updated development plan, and any useable timber shall be made available to the public. Assignee must coordinate with the Division of Forestry, Department of Natural Resources prior to clearing of any timber Mar. 4. 2006 11:47AM 907 586 1097 MAR-02 -2005 WED 02:10 PM SOA DNR SCRO Land Exldbit Ant. 2262as Page 2 ore No.1039 P. 5/7 FAX NO, 907 269 8913 P. 06 7, Project Constsuetlon and Survey. Pursuant to AS 38.95.160, a professional architect, engineer, or surveyor shall supervise the location and design of any improvements on the pact mid shall be responsible for preparing a plat for recording in the appropriate record district if the cost of such improvements are more than $100,000. Each registered profineional shall be responsible far that part of the project to which his or her license pertains. Tho assignee Is responsible for compliance with AS 38.95.180. 8. Geophysical Hazards. Pursuant to 6 AAC 80,050, Alaska Aerospace Development Corporation shall ensure that siting, design, end construction measures for the storage facility minimize risk from potential faulting and earthquake hazards identified in the vicinity of the project 9. indemnity. la connection with the entry on or use of lands assigned to the Alaska Aerospace Development Corporation by the Division of Mining, Land and Water, Department of Natural Reeducate, the Alaska Aerospace Development Corporation shall ensure that its contractors, subcontractors, and their employees shall indemnify, save harmless, and defend the state, 16 agents and its employees from and against all rlalms or actions for Injuries ordamagos sustained by any person or property arising directly or indirectly from the construction or the contractor's performance of the contract, except when the sole proximate 'cause of the injury or damage is the state's negligence, 10. Notification of Unauthorized Discharge The assignee shall immediately notify the Department of Natural Resources and the Department of Environmental Conservation by phone of any unauthorized discharges of oil to water, any discharge of hazardous substances (other than all), and any discharge of oil greater than 55 gallons solely to land, and outside an impermeable revetment_ Ifa discharge of oil is greater then 10 gallons bur less than 55 gallons lc must be reported within 4$ hours by phone or fax. If a discharge is leas than 10 gallone it may be repotted in writing on a monthly basis. if an unauthorized discharge greater than 55 gallons is made to a secondary containment, It must be reported within 48 hours by phone or fax. All tires end explosions must also be reported. The Department of Natural Resources (DNR) 24-hour spill report number Is (907) 451-2618; the fax number Is (907)451-2751. The Department of Env Conservation (DEC) oIl spill report number Is (800) 478 -9300. DNR and DEC shall be supplied with ail friilow- up 'caideat reports. 1 Fuel and Hazardous Substeneass. Secondary containment shall be provided for fuel and hazardous substances. a. Exception for short-term storage et small volumes. The requirement for a secondary containment Is waived for those fuels and hazardous substances In comaincrs with a volume of 55 gallons or less which are In place for 7 days or less, provided that rho Corot combined volume in piece without containment on a pad or work area does not exceed 660 gpllana for Stol, hydraulic fluid. or lubricants or 55 gallons of other hazardous substances. b. Container narking. All Independent Ebel end hazardous substance containers shall tze marked wihh.the contents and the "assignee's name. c. Fuel or hazardous substance transfers. Secondary containment or drip pans must be planed under all container or vehicle fuel kink hues and euttot pointa hose connections, and hose ends during Mel or . hazardous suhsumcc transfers: Appropdate spill rsponse equipment must be an hand during any transfer or handling nr fuel or hazardous substances to respond to a spill of up to 5 gallons. d. Storing container neerwoterbodies. Containers with a volume larger than 55 gallons, which contain flit or hvardons substances, shall not he placed within 100 feet ore waterbody Mar. 4. 2005 11:47AM 901 586 1097 MAR -2005 WED 02:11 PM SOA DNR SCRO Land • exdibh B APt. 226255 Page 3 °t'4 No.1039 P. 6/7 FAX 110. 907 269 8913 P. 07 e. Exceptions The Division of Mining, Land and Water may, under unique Or special circumstances. grant exceptions to these stipulations en a case -by -Casa begs. Requests for exceptions should be made to the Southccnhul Regional Office n (907)26P-8562, f. Definitions. " Conat [viers" are defined as any Itcm which is used to hold fuel orhazardous aubstancas. his Includes tanks, drums, that tanks on small equipment suto as light pipets end generators, flow test holding tanks, stop oil oinks, bladders and bags. Mannhblded tanks must be considered as asingle independent oentainor. Vehicles are not Intended to be included under this definition, "Hnaardeua substance" is defined under AS 46.03125(5) as: (a) an element or compound which. when it enters the atmosphere, crater or lend, presents an imminent and substantial danger to the public health or welfare, including fish, animals or vegetation; (b) ail; or (c) a substance dcfinad as a hazardous aubsmnce under 42 U.S.C. 9601(14). "Seeondery containment" is defined u an impermeable diked Area or portable iatperrneeble containment structure capable of containing 110 percent of the volume of thc largest independent container. Double - walled tanks do not qualify es secondary containment unites es dxoeptiin Is granted for particular tmtk 12. Alaska Historic Preservation Act. The Alaska Historic preservation Act AS 41.35.200) prohibits the apprepriadon, excavation, removal, injury, or destruction of any state -owned historic, prehistoric (paleontological) or archaeological site without a permit from the Commissioner of the Alaska Depanment of Natural Resources. If the proposed activities reveal Cultural orpaleontological resources, you must C8/A6 any activities that may damage the site and immediately contact the State Historic preservation Office (907 - 269 -8721) and the U.S. Army corps of Engineers (907.753 -2712) so that consultation per section 106 of the Natural Historic Preservation Act may proceed. 13. Sentinel Historic Preservation Act. If a grant or other funding for constmcdon of f :tllties is received by the assignee from the Air Force or another federal agony, compliance with Section 1% ofthe National Historic Preservation Act and its implementing regulations, 36 CFR 800, Is required prior to authorizing construction. 14. Pacfltty Funding, If Bands are not available for the proposed orbital space launch facility or other site•relatad aerospace activities within 10 years from the dato of approval of this authorization, the authorization will automatically terminate. 15. Valid Rxistine Rights. This assignment is subject to all valid existing rights, easements, rights of way, and reservations of record. Additional easements may be dedicated orgranted by the Division of Mining, Land and Water with written concurrence of the asaigaee. 16- Pubtie Access. Public Access to state lands, tidelands and waterwayashall not be blocked or restricted in any way on state land. The assignee may restrict public access through the ILMA parcel to protect public safety and the assignee's improvements 17. Reservations. This amended ILMA is subject to the following: Grazing tease ADL 221677 Public &asement ADL 221571 Mar. 4. 2005 11:48AM 907 586 1097 , MRR-02 - 2005 WED 02:12 PM SOA DNR SCRO Land samba 6 ADL 226285 Page 4 of No.1039 P. 7/7 FAX NO, 907 269 8913 P. 08 *Public and Charitable Lease 67915 — *Upon expiration of the term in ADL 67915 or the earlier termination of ADL 67915 for any mason, the real property subject to ADL 67915 shall become part orthls ILMA and Alaska Aerospace Development Corporation shall enjoy the use thereof pursuant to elm terms of this ILMA. 18. Amendments. Any request to amend the ILMA by the Alaska Aerospace Development Corporation may result In a fee being charged as determined by the Director. The the may not exceed the lesser of $3,000.00 or seven percent of the fair market value added as a result of the amendment. 19, Responsibility, Issuance of this amended ILMA does not relieve the Alaska Aerospace Development Corporadon of the responsibility of obtaining any other permits, approvals or licenses es may be required by other duly authorized state, local or federal agencies. This includes the Alaska Department of Transportation and Public redlines who maintain and manage the Narrow Cape /Pasagshak rood. 20, Radio Interference. The Alaska Aerospace Development Corporation will cooperate and work with the US Coast Guard to ensure that all communication and electronic equipment are compatible. KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: March 8, 2005 Vt TO: Nancy Galstad, Borough Manager b/ FROM: Bud Cassidy, Engineering and Facilities SUBJ: Bond Project Status Report Seismic Vulnerability Study Voters approved bonds in the amount of $500,000 to fund this project. The scope of work includes analyzing 14 of our school buildings and evaluating their structural response to probable earthquakes. Many of our buildings or their original core structures were built in the 1950's and 1960's. Though they were constructed to meet the seismic codes of their time, we have come a long way in understanding a building's response to ground motion. Codes have been improved. We need buildings that meet current seismic codes. This study will also have a geologic component. Where are the faults that could rupture, what are their reoccurrence intervals, and what kind of ground motion will be created? All this will determine a building's response to the probable ground motion. A Request for Proposals (RFP) is out on the street for firms to respond to. These responses are due tomorrow - March 11. Firms interested in performing this work are generally Architecture/Engineering firms who will partner with Geologic /Geotechnical firms. Responses to the RFP will be reviewed by staff and the Architectural Review Board (ARB) to select the best - qualified firm(s) to perform the work. This is a very technical project and will involve a lot of staff time and effort to respond to the needs of the successful firm. Other Bond Projects The seismic evaluation of our school structures is really the basis of many of our other bond projects and will be performed first. What we are trying to accomplish is to not throw good money after bad buildings. This may slow things a bit, but we will be able to prioritize which buildings need to be looked at first. I am thinking the two village schools and the Area Wide School building should be first. They are the biggest of our bond projects, totaling over $5 million. Preparation of Projects All of these projects require the retrieval of the old construction documents (blue prints) used to construct the original buildings. These "plan sets" include the architectural, mechanical, and electrical drawings as well as other site information. Presently we are doing an inventory of our plan sets. These documents are in a 24" x 36" format and include upward to 30- 50 pages. At this stage, we have found that we do not have all the documents is our archive room and are working with the School District to see what plan sets they may have. We have purchased a large format scanner. This machine will scan these documents to make them electronic so that they can be easily retrieved, emailed, or copied without ever handling the "plan set" ever again. The value of performing this process is the ability to just look at a single page or pages of the plan set without having to touch the plan set. Should someone out of state need a copy, it can be easily emailed. New Swimming Pool The community identified the need for a new swimming pool. This pool will be a stand -alone structure. That is, it will not be tied to an existing building. This was done so that pool construction could begin while the seismic evaluation of the other buildings is being performed. The pool will be constructed according to the latest building codes for seismic safety. The site for the new pool has not been identified An RFP for the design of the pool will come out shortly — by late March. As approved by voters, the pool will be a 6 -lane competitive pool with a "zero entry" handicapped accessible area. Construction Costs to build this facility are $6,210,000. Schedule of other Projects Though a number of projects will not begin until after the completion of the seismic vulnerability study, there are still a number of smaller projects that can proceed. These include: • KMS concrete repair ($237,918) • District Wide Floor Covering ($728,708$) • KHS Asbestos removal project ($304,704) • High School Heating/Ventilation ($250,000) Two new Positions KIB has hired two new positions to be associated with these bond projects. As of March 7, both positions are in place. Price Escalation One of the things that is affecting our projects is the continuing increase of building material and labor. Steel, plywood, and cement are the items that have written about most. These increases will require us to rethink our approach. Some of the things we may be able to do will make us more efficient. Hiring a common architect for similar projects will reduce the number of professionals and consultants that staff will have to interface with. There is an economy of scale by doing this. Aggregating multiple projects into one project for folks to bid on is another method. Strategic sourcing similar to buying in bulk allows larger purchasing of items to make the unit cost cheaper. We will also look at this. ARTICLES OF INCORPORATION OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION The undersigned incorporators hereby adopt the following Articles of Incorporation: ARTICLE I The name of the corporation is Kodiak Fisheries Development Association (the "Corporation "). ARTICLE II The Corporation shall have perpetual duration. ARTICLE III The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code "). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ( "ECCE ") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares and individual processor quota, pursuant to the Bering Sea /Aleutian Island crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the - Regulations "); B. Subject to the Council of the City of Kodiak and the Kodiak Island Borough Assembly specifically authorizing it to do so, to act as an Eligible Crab Community Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab rationalization quota shares on behalf of the Kodiak Community and making the resulting individual fishing quota available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the Council of the City of Kodiak or the Kodiak Island Borough Assembly, these Articles of Incorporation, and the Corporation's Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE IV Provisions for regulating the affairs of the Corporation, including provisions for distribution of assets on final liquidation, are as follows: A. The Corporation shall not engage in any transactions or activities prohibited by the applicable sections of Subchapter F of Chapter 1 of the Internal Revenue Code, or of the Alaska Nonprofit Corporation Act, as they are now in effect or may be afterwards amended, supplemented, or replaced. B. No more than an unsubstantial part of the Corporation's activities shall consist of unrelated trade or business as defined in Section 513 of the Internal Revenue Code. C. No part of the net earnings of the Corporation shall inure to the benefit of any private individual, or any officer, director, employee, or agent of the Corporation or substantial contribution to it, except as reasonable compensation for services actually rendered to the Corporation. D. No loan shall be made by the Corporation to any director or officer of the Corporation. E. The Corporation shall not directly or indirectly participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, ballot initiative, or other voter resolution, nor shall any substantial part of its activities consist of attempting to influence legislation by propaganda or otherwise. F. The Corporation shall be dissolved in accordance with the relevant provisions of the Alaska Nonprofit Corporation Act, AS 10.20.290 et seq. Upon dissolution of the Corporation, its assets shall be distributed to organizations whose purposes and activities are substantially the same as those of the Corporation for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or shall be distributed to the federal government or to a state or local government, for a similar public purpose. Any such assets not so disposed of by the Corporation in the course of winding up its affairs shall be disposed of by a court of competent jurisdiction in the judicial district in which the principal office of the Corporation is then located, exclusively for such exempt purposes or to such organization or organizations as said court shall determine are organized and operated exclusively for such exempt purposes. G. The Corporation shall have no members. H. The management of the Corporation is hereby vested in its Board of Directors. The number of directors, their terms, and their qualifications shall be as specified in the Bylaws of the Corporation. ARTICLE V LIMITATION OF LIABILITY A director of the Corporation shall not be personally liable to the Corporation for monetary damages for conduct as a director, except for: Corporation; A. Any breach of the director's duty of loyalty to the B. Acts or omissions involving intentional misconduct by the director or a knowing violation of law by the director; or C. Any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. If the Alaska Nonprofit Corporation Art is amended to authori corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the Alaska Nonprofit Corporation Act, as so amended. Any repeal or modification of the foregoing paragraph by the Corporation shall not adversely affect any right or protection of a director of the 3 Corporation with respect to any rights or omissions of such director occurring prior to such repeal or modification. ARTICLE VI REGISTERED AGENT The name of the initial registered agent and the address of the initial registered office of the Corporation are: National Registered Agents, Inc. 801 West 10th Street, Suite 300 Juneau, Alaska 99801 ARTICLE VII INITIAL DIRECTORS The Corporation's initial Board of Directors shall consist of three (3) persons who shall serve until their successors are elected and qualify The names and addresses of the initial directors are: Name: Ms. Linda Freed Address: Name: Mr. Jerome Selby Address Name: Mr. Joseph Sullivan Address: 4 are: The names and addresses of the incorporators of the Corporation Name: Ms. Linda Freed Address: Name: Mr. Jerome Selby Address: Name: Mr. Joseph Sullivan Address: EXECUTED this day of March, 2005. ,Incorporator ,Incorporator , Incorporator ARTICLE VIII INCORPORATORS U: \JMSP\DOCUMENTS\ ARTICLES OF INCROPORAT ION- KODIAK ECCE-3488-002A.DOC 5 BYLAWS OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION ARTICLE I - NAME AND LOCATION Section 1. Name. The name of the organization shall be Kodiak Fisheries Development Association (the "Corporation "). Section 2. Location. The initial office of the Corporation shall be located at . Thereafter, the office shall be located as the Corporation's Board of Directors may determine. ARTICLE II - PURPOSE The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code "). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ( "ECCE ") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares ( "PQS") and individual processor quota ( "IPQ "), pursuant to the Bering Sea /Aleutian Island ( "BS /AI ") crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the Regulations "); B. If the Council of the City of Kodiak and the Kodiak Island Borough Assembly authorize it to do so, to act as an Eligible Crab Community Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab rationalization quota shares ( "QS ") on behalf of the Kodiak Community and making the resulting individual fishing quota ( "IFQ ") available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the Council of the City of Kodiak or the Kodiak Island Borough Assembly, these Articles of Incorporation, and the Corporation's Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE III - MEMBERSHIP The Corporation shall have no members. ARTICLE IV - BOARD OF DIRECTORS Section 1. Functions and Powers. The initial Board of Directors (the "Initial Board ") shall have the authority to adopt the Corporation's initial Bylaws, elect its initial officers, and take whatever steps may be appropriate to qualify it as an ECCE with the National Marine Fisheries Service pursuant to the Regulations. All other authority to act as a board of directors for the Corporation shall be reserved to the Board of Directors appointed pursuant to Article IV, Section 3, below (the "Board of Directors" or the "Board "). The Board of Directors shall manage the affairs of the Corporation. The Board shall have the power to supervise, control, and direct the affairs of the Corporation; determine its policies within the limits of the Articles of Incorporation and these Bylaws; collect, administer, and disburse the Corporation's funds; approve projects, and otherwise actively pursue and promote the purposes of the Corporation. The salaries, if any, of all employees of the Corporation shall be determined by or under the direction of the Board of Directors. The Board shall review expenditures for the prior year and approve a proposed budget for the Corporation's coming fiscal year at its annual meeting. Section 2. Number. The number of directors serving on the Initial Board shall be three (3). The number of Directors serving on the Board of Directors shall be seven (7). The Initial Directors shall be named by the incorporators and shall remain in office until their successors are designated and qualified in accordance with Article IV, Section 3, below. Section 3. Composition and Voting Rights. The Board of Directors of the Corporation shall be appointed by the Council of the City of Kodiak and the Kodiak Island Borough Assembly, as follows: A. Two (2) directors shall be appointed by the City of Kodiak; 2 B. Two (2) directors shall be appointed by the Kodiak Island Borough; and C. Three (3) directors shall be jointly appointed by the City of Kodiak and the Kodiak Island Borough. At least two (2) directors shall represent the interests of Kodiak Community BS/ AI crab harvesters, and at least two (2) directors shall represent the interests of Kodiak Community BS/ AI crab processors. Except as otherwise provided in the Corporation's Articles of Incorporation or these Bylaws, approval by a three - fifths (3/5) vote of the directors present at or participating in any meeting is required for all Board action. Section 4. Meetings. Meetings of the Corporation's Board of Directors shall be held at times and places designated by the Board. Special meetings of the Board may be called by a majority of the Board or by the President. Participation in a Board meeting by means of a telecommunications device that allows all parties to hear each other at the same time shall be the equivalent of presence in person at a meeting. Section 5. Public Participation at Meetings. Members of the public shall be permitted to attend and shall be given an opportunity to be heard at all meetings of the Corporation's Board of Directors; provided that the Board may from time to time enter closed executive session as permissible under Alaska statutes. Section 6. Notice of Meetings. Notice of each meeting describing the matters to come before the Board at that meeting shall be given in writing to each director by mail, facsimile, or electronic mail transmission, not less than three (3) days prior to the meeting. In addition, reasonable public notice of any meeting of the Corporation's directors, which notice shall include the meeting's date, time, and place, shall be given at least three (3) days in advance of the meeting, in accordance with A.S. 44.62.310(e). Section 7. Waiver of Notice. A director may waive any notice required to be given by signing a written waiver either before or after the meeting. A director may not waive the failure to give public notice per A.S. 44.62.310(e). Section 8. Presumption of Assent: A director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless: 3 A. The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; B. The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or C. The director files a written dissent or abstention with the presiding officer of the meeting before its adjournment or with the Corporation within a reasonable time after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Section 9. Qucirin. Presence of five - sevenths (5/ 7) of the directors shall constitute a quorum for the transaction of business at all meetings. Section 10. Action Without a Meeting. The Corporation's Board of Directors may not take action without a meeting. Section 11. Removal. A director may be removed from the Board of Directors at the discretion of the entity or entities that appointed such director. A director may also be removed by the Board if he or she is absent from three (3) consecutive Board meetings without being excused by a majority of the other directors. Section 12. Remuneration. No stated salary shall be paid directors for their service, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Board; provided, that nothing herein contained shall be construed to preclude any director from serving the Corporation in any other capacity and receiving compensation for such service. Members of committees of the Board of Directors may be compensated for attending committee meetings. ARTICLE V - COMMITTEES Section 1. Designation. The Board of Directors may appoint committees to assist and advise the Board with those functions, powers, duties, and tenure as the Board deems appropriate. Each committee shall consist of at least two (2) directors and such other persons as the Board may designate who need not be members of the Board of Directors. 4 Section 2. Limitation of Committee Powers. Committees shall exercise advisory authority only, and any committee recommendation shall require subsequent action by the Board of Directors before binding the Corporation. Without limiting the foregoing, no committee shall have the authority of the Board of Directors to amend, alter, or repeal these Bylaws; to elect, appoint, or remove any member of any such committee or any officer or director of the Corporation (except as previously provided herein); amend or restate the Corporation's Articles of Incorporation; adopt a plan of merger or consolidation with another corporation; authorize the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation; authorize the voluntary dissolution of the Corporation or to revoke proceedings therefor; adopt a plan for the distribution of the assets of the Corporation; amend, alter, or repeal any resolution of the Board of Directors; adopt or amend the budget of the Corporation; or act as otherwise prohibited by law. ARTICLE VI - OFFICERS AND EXECUTIVE DIRECTOR Section 1. Number and Title. The officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. In addition, the Board may authorize the appointment of an Executive Director of the Corporation in accordance with Section 8, below. The Secretary and the Treasurer may be, but need not be, members of the Board. Section 2. Election. Officers shall be elected annually, at the first meeting following appointment of the Board. The Initial Directors may elect interim officers, who shall hold office only until the Board of Directors is appointed. Section 3. Term. Officers other than those elected by the Initial Board shall hold office for one (1) year terms, and all officers shall serve until their respective successors are elected and qualified. Section 4. Resignation. Any officer of the Corporation may resign at any time by giving written notice to the Board of Directors, or to any other officer of the Corporation. Any such resignation is effective when the notice is delivered, unless the notice specifies a later date, and shall be without prejudice to the contract rights, if any, of such officer. Section 5. Removal. The Board of Directors may remove any officer or agent appointed by it, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the person so removed. 5 Section 6. Vacancies. If the office of any officer becomes vacant by any reason, the directors may appoint a successor who shall hold office for the unexpired term. Section 7. Salaries The salaries, if any, of the officers shall be fixed from time to time by the Board of Directors. Section 8. Executive Director. At the discretion of the Board of Directors, and upon the approval of all directors, the Board may authorize the Corporation to retain an Executive Director, who shall be responsible for the administration and management of the Corporation and be directly responsible to the Board of Directors. If the Board of Directors authorizes an Executive Director, the Executive Director shall be appointed and may be removed by the President, subject to the approval of a majority of the Board of Directors. The Executive Director may, but need not, be a director of the Corporation. ARTICLE VII - DUTIES OF OFFICERS Section 1. President. The President shall preside at all meetings of the Board of Directors and shall have such other powers as provided by these Bylaws or as are delegated by the Board of Directors. The Board of Directors may authorize the President to exercise all the powers and functions of the Board of Directors in the management and discretion of the affairs of the Corporation, provided that under no circumstances may the President take action that is contrary to the direction of the Board of Directors or otherwise exceeds the limitations set forth in Article V, Section 2 (which shall apply to the President as though the President were a committee). The President shall prepare, or cause to be prepared, and promptly sent to the Board of Directors, reports on any action he or she takes on behalf of the Corporation. Section 2. Vice President. The Vice President shall, in the absence or disability of the President, perform the duties of the President and such other duties as may be assigned by the Board of Directors. Section 3. Secretary. The Secretary shall supervise the keeping of the minutes of all meetings of the Board of Directors of the Corporation. The Secretary shall have charge of such books and papers as the Board of Directors may direct, including without limitation those records specified in Article VIII, below, which shall, at all reasonable times, be open to the examination of any the Secretary. T Secretary shall arrange upon reasonable notice to LLIC JCCTC LQry. The JCl:1 ClCll �' D11Q11 0.11 allge tV provide proper notice of all meetings of the Board of Directors. 6 Section 4. Treasurer. The Treasurer shall supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Corporation. The Treasurer shall arrange to have all assets received by the Corporation managed as the Board of Directors provide. Section 5. Contract Rights. The appointment of an officer does not of itself create any contract rights in favor of the officer. ARTICLE VIII - BOOKS AND RECORDS Section 1. Books of Accounts and Minutes. The Corporation: A. Shall keep as permanent records minutes of all meetings of its Board of Directors and a record of all recommendations of any committee(s) of the Board of Directors; B. Shall maintain appropriate accounting records; C. Shall keep a copy of the following records at its principal office: 1. The Articles or Restated Articles of Incorporation and all amendments to them currently in effect; 2. The Bylaws or Restated Bylaws and all amendments to them currently in effect; 3. Its financial statements for the past three (3) years, including balance sheets showing in reasonable detail the financial condition of the Corporation as of the close of each fiscal year, and an income statement showing the results of its operations during each fiscal year prepared on the basis of generally accepted accounting principles or, if not, prepared on a basis explained therein; 4. A list of the names and business addresses of its current directors and officers; Alaska; 5. Its most recent biennial report delivered to the State of ECCE, and d u _ ll supporting Its Application to become an n�.�n, d�� �ukiyoriuig documents, including but not limited to all right of first refusal contracts with PQS and/or IPQ holders; 7 7. Records related to every right of first refusal offered to the Corporation, its response to the same, and all related documents; and 8. All reports the Corporation may submit to the National Marine Fisheries Service or the State of Alaska. Section 2. Copies of Resolutions. Any person dealing with the Corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors or shareholders, when certified by the President or Secretary. ARTICLE IX - MISCELLANEOUS PROVISIONS Section 1. Checks and Notes. All financial instruments of the Corporation shall be signed by the officer or officers designated by the Board of Directors. Section 2. Fiscal Year. The fiscal year of the Corporation shall be from January 1 through December 31. Section 3. Deposits. All funds of the Corporation not otherwise employed shall be deposited in interest - bearing accounts selected by the Treasurer and approved by a majority of the directors. Section 4. Acceptance of Gifts, Donations, etc. No gift, donation, bequest, or subscription to the Corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Conflict of Interest. A director may be present during and participate in discussion and action regarding any Corporation transaction with respect to which a director has a direct or indirect material financial interest if and only if: (a) the director discloses the material facts of his or her financial interest; (b) the Board authorizes the conflicting interest transaction by a vote sufficient to meet the Board action requirements of these Bylaws, without counting any interested director's vote; and (c) the Board can demonstrate by clear and compelling evidence that the transaction is reasonable and fair to the Corporation at the time it is authorized, approved, or ratified. If any of the foregoing conditions are not satisfied with respect to any transaction involving the Corporation in connection with which a director has a direct or indirect i interest, d i eau may not be present and may no t material financial inreresr, such Ulre( Nr may 1IV1 be Yre�cru during aa,u may not participate in any discussion or action with respect to such transaction. 8 ARTICLE X - PARLIAMENTARY PROCEDURE The most recent edition of Robert's Rules of Order shall govern questions of parliamentary procedure at all meetings of the Board of Directors, the Executive Committee, or any other committee of the Corporation. ARTICLE XI - AMENDMENTS These Bylaws may be amended or replaced at any regular or special meeting of the Board of Directors by unanimous vote of all directors, provided that no change to the Bylaws shall be made unless the notice of the meeting at which they are changed: (i) specifies the proposed change as a purpose of that meeting; and (ii) provides the text of the proposed change as part of the meeting notice. ARTICLE XII - INDEMNIFICATION, INSURANCE, AND BONDING Section 1. Officers and Directors. The Corporation shall indemnify and defend all present and former directors, officers, employees, and agents of the Corporation against any expenses of any proceeding (including by or in the right of the Corporation) to which they are parties because they are or were directors, officers, employees, or agents of the Corporation, all as defined and to the fullest extent permitted by law. Section 2. Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article. Section 3. Bonding. The Board may require that any person authorized to sign checks for the Corporation shall furnish, at the expense of the Corporation, a fidelity bond in such sum as the Board shall prescribe. U:\ ` RS CT\CORPORATE \BYLAW&ECC- ECCO.DOC ADOPTED: March , 2005. , President , Secretary 10 5. Narrow Cape Land Use PACKET REVIEW MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLY WORK SESSION March 10, 2005 - 7:30 p.m. Borough Conference Room CITIZENS' COMMENTS (limited to three minutes per speaker) r� ITEMS FOR DISCUSSION School Board - Capital Projects e3 3\ V ' A ' n.� ble Crab Community Entity Resolution 4. City Annexation of Watershed and Requested Private Property ADF &G Bu i . mg om ' - . ion 1 AGENDA 1 ON LEAVE Branson - March 4 -13 - April 14 -23 Anderson - March 11 -30 Raney - April 18 -22 - AML Spring Conference - Juneau Selby - April 18 -22 - AML Conference of Mayors - Juneau March 2005 10 - 7:30 pm Assembly Work Session - CR CANCELED City Council Regular Meeting 15- 7:00 pm Architectural Review Board Meeting - KFRC CR 16- 7:30 pm Planning and Zoning Commission Regular Meeting - AC 17- 7:30 pm Assembly Regular Meeting - AC 21- 5:15 pm School Board Budget Work Session - SD /CR 7:00 pm Womens Bay Service Area Board Budget Public Hearing - WBFH / 22- 7:00 pm Parks and Recreation Committee Meeting - CR 7:00 pm Bay View Road Service Area Road Budget Public Hearing - BFH 1 , 7:30 pm City Council Work Session - SD /CR V 23- 7:30 pm Planning and Zoning Commission Work Session - CR 7:30 pm Service Area No. 1 Board Meeting - BFH 24- 7:30 pm City Council Regular Meeting - AC n 28- CLOSED Borough Offices Closed in Observance of Seward's Day 5:15 pm School Board Budget Work Session - SD /CR 7:00 pm School Regular Meeting - AC 31- 7:30 pm Assembly Work Session - CR (Planning and Zoning Commission) April 2005 4- 5:15 pm School Board Budget Work Session - SD /CR 7:00 pm School Board Work Session - SD /CR 7- 7:30 pm Assembly Regular Meeting - AC 11- 5:15 pm School Board Budget Work Session - SD /CR 12- 7:00 pm Parks and Recreation Committee Meeting - CR 7:30 pm City Council Work Session - SD /CR 13- 7:30 pm Planning and Zoning Commission Work Session - CR n j, 14- 7:30 pm City Council Work Regular - CR n _ n l th�e(,��7�OO 7:30 pm City Council Regular Meeting - AC "`f 7 AWJtX� - / " """""' 18- 5:15 pm School Board Budget Work Session - SD /CR 7:00 pm School Board Regular Meeting - AC 20- 7:30 pm Planning and Zoning Commission Regular Meeting - AC 21- 7:30 pm Assembly Regular Meeting - AC 26- 7:00 pm Parks and Recreation Committee Meeting - CR 7:30 pm City Council Work Session - SD /CR 7:30 pm Assembly Work Session - CR - r }� arias lQ/ 7:30 pm City Council Regular Meeting - AC ma y' � qv ASSEMBLY CALENDAR ntal / XW C L p fa- egeZZ4 / /a /2005 44 Alaska Pacific Environmental Services Anchorage, LLC ( "APESA ") is an Alaskan owned refuse company operating currently in the Anchorage area. APESA was formed in 2003 by a number of former managers and employees of Waste Management to provide a competitive alternative for waste collection operations in Alaska. As part of this effort, APESA acquired two small companies in Anchorage, Alaska Waste Transfer and Commercial Refuse and began competing with Waste Management in that market. In November of 2004, APESA and Waste Management entered into an agreement whereby APESA would be acquiring all the assets used by Waste Management in Anchorage, the Matanuska - Susitna Valley, the Kenai Peninsula and Kodiak Island. The parties hope to close the transaction by April 1, 2005 subject to approval of the transfer of the certificated operations by the Regulatory Commission of Alaska. Kodiak is the only transaction that does not require regulatory approval and it is scheduled to close by March 31, 2005, subject to completion of contractual due diligence and assignment of the existing Borough contract. We respectfully request this re assigment at the 07 April at which time we will have all pertinent requirements ready. In support of an assignment of the contract by the Kodiak Island Borough, APESA offers the following. APESA has agreed to retain all the existing Kodiak employees, including Caroll Mahoney as the General Manager of Kodiak operations This will insure that the transition to new ownership will be seamless to the Borough and its' residents and that the community will continue to receive the high quality of service it has become accustomed to in the last few years. The management support for the operation will be strengthened by having Alaska based management and ownership that will allow for greater responsiveness and return of many services to the Alaskan communities it serves, including use of local vendors and support for local issues. APESA has significant strength in the senior management team, employing many of the former senior executives of Waste Management in Alaska. For example, the general manager of APESA is Bobby Cox, who was formerly the Division Vice President of Waste Management of Alaska until 2001. Prior to working for Waste Management, Mr. Cox was the President of Anchorage Refuse, Inc for a number of years Since leaving Waste Management, Mr. Cox purchased and continues to operate successful refuse companies in Juneau, Ketchikan, Nome and Dutch Harbor. In addition, John Wylie, former Division Controller for Waste Management of Alaska is a partner in APESA and brings his experience from Waste and from a number of other prominent Alaskan companies Craig Gales, former Division Sales Manager for Waste Management is a partner and brings over 15 years of refuse experience to the company. The principal financial support for the company comes from the partners of JL Properties, which is one of the largest and most successful Alaskan-owned property development firms. John Rubini and Leonard Hyde, the principals of JL, are committed to the Alaskan market and see this as an opportunity to extend the range of services they offer in their community development efforts. Upon closing of the transaction, APESA looks forward to bringing back locally- owned, committed service to the Alaskan communities it serves. Should you need further information, please contact Bobby Cox at (907) 522 -0905, Cell (907) 230 -2044 or Caroll Mahoney at (907) 486 -5308. Thanks for your consideration and we look forward to working together with you to meet the refuse needs of the Borough. TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORAN Borough Assembly Nancy Galstad, Borough Manager Karleton Short, Finance Director School District in Kind March 10, 2005 U M Bud Cassidy asked me to prepare a spreadsheet on how much we have budgeted for in -kind services to the school district and how much we have spent this year. I already had a spreadsheet showing these expenses for the last ten years so I thought that I would include this data as well. When looking at the current year numbers you have to remember that many invoices will not be paid for 20 to 30 days, some even longer. The building insurance has been paid for FY2005 however. This came in $92,000 under budget. This is partially offset by their liability insurance coming in $14,000 more than budget. Snow removal should come in below budget. I do not know how much we will spend on maintenance by the end of the year. Not shown on this spreadsheet is the amount the Borough paid for reimbursement of school district debt. In FY 2005 this will amount to $393,000, or over 1/2 mill. Between FY 1995 and FY 2004 the contribution to the school district went from 5.2 mills to 9.1 mills, an increase of 3.9 mills. Kodiak Island Borough Transfers and Expenditures to KIBSD FY 2005 General Fund 100 -180 MIS Mental Health Crossing Guard Audit Liability Insurance Sub Total Building & Grounds Fund Building Insurance Snow Removal Minor Repairs Major Repairs Projects Sub total TOTAL Inkind Direct contribution Total contribution FY2005 Budget 126,650 381,350 12,000 37,000 92,000 649,000 220 -234 275,000 30,000 53,000 80,000 438,000 1,087,000 7,326,440 8,413,440 YTD Percent 02/28/2005 Available Used 84,433 190,675 6,000 24,210 106,171 411,489 182,911 7,331 190,242 601,731 4,884,293 5,486,024 42,217 67% 190,675 50% 6,000 50% 12,790 65% - 14,171 115% 237,511 63% 92,089 67% 30,000 0% 45,669 14% 0 80,000 0% 247,758 43% 485,269 55% 2,442,147 67% 2,927,416 65% 1995 134,550 1996 214,690 1997 198,340 1998 315 530 1999 264,520 2000 121,409 2001 126,645 2002 126,650 2003 126,650 2004 130,000 GENERAL. FUND Fund 100, Dept 180 Kodiak Island Borough Contributions to the School District BUILDING AND GROUNDS Fund 220, Dept. 234 Mental Crossing Liability Building Snow Minor Major TOTAL Direct Total Assessed Mill Rate MIS Health Guard Audit Insurance Sub Total Insurance Renioval R • irs Re • : irs pro Sub total Inklnd contribution contribution Value E • Natant - 29,993 62,634 227,177 88,701 18,732 - 19,664 34,584 268,938 82,220 2,514 465,480 28,136 36,996 728,952 90,636 25,299 - 398 ,675 40,619 46,717 801,541 84,827 21,189 3,804 399,600 28,666 39,194 731,980 65,678 34,478 4,900 381,345 49,039 44,350 596,143 78,617 26,590 9,554 381,345 49339 36,917 594,246 77,622 4,507 381,345 10,250 31,924 38,421 588,590 74,602 40,950 38,566 381,350 8595 34,893 73,917 625,405 293,891 18,344 2,518 381,350 10,345 62,425 87,941 672,061 245,560 41,346 38 2005 Budget 126,650 381,350 12,000 37,000 92,000 649,000 275,000 30,000 53,000 0 2262005 84,433 190,675 6,000 24,210 106,171 411,489 182,911 7,331 Available 42,217 190,675 6,000 12,790 - 14,171 237,511 92,089 30,000 45,669 107,432 84,734 115,935 109,820 105,056 15,507 48,043 178,311 7,521 89,650 11,141 21,000 186,259 15,395 330,148 13,347 300,291 334,609 353,672 844,887 911,361 837,036 774,454 683,896 774,849 955,553 972,352 3,200,000 3,975,000 3,995,000 4,804,000 5,655,840 5,556,310 5,966,440 6,331,440 6,626,440 7,049,645 3,534,609 4,328,672 4,839,887 5,715,361 6,492,876 6,330,764 6,650,336 7,106,289 7,581,993 8,021,997 80,000 438,000 1,087,000 7,326,440 8,413,440 783,909,250 190242.04 601,731 4,884,293 5,486,024 80,000 247,758 485,269 2,442,147 2,927,416 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Total Contribution to KIBSD 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 10.00 9.00 8.00 7.00 6.00 5.00 4.00 3.00 2.00 1.00 Mill Rate Equivelant of Contribution 617,779,056 640,462,576 654,134,651 681,345,890 686,856,392 715,749,035 748,755,543 752,051 892 760,451,857 770,636,765 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 5.18 6.21 6.11 7.05 8.23 7.76 7.97 8.42 8.71 9.15 9.35