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2006-01-19 Regular MeetingKodiak Island Borough January 19, 2006 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemblymember Term Expires 2008 Ms. Pat Branson Assemblymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswalt Assemblymember Term Expires 2008 Mr. Cecil Ranney Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Term Expires 2006 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Is. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough January 19, 2006 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 A. Kodiak Island Borough Assembly Regular Meetings of November 3, and D- cember 1 and 15, 5. 6. AWARD A D PRE ATIONS A. Student of the Month of December, 2005 B. Student of the Month of January, 2006 C. Longevity Awards D. Employee of the Quarter Award 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers /Alaska Department of Environmental Conservation. 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS Resolution No. FY2006 -23 Identifying the Retrofit of the Kodiak Middle School as the Borough's Number 1 Project for Federal Emergency Management Agency (FEMA) Pre - disaster Mitigation Funding and Committing to a 25 Percent Local Match. Assembly Agenda Page 1 B. REPORTS Resolution No. FY2006 -24 Adopting a Federal Capital Improvement Program for Fiscal Years 2007-2011. Resolution No. FY2OO6 -25 Authorizing Borough Participation in the Alaska Municipal Leagu_ Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Resolution No. FY2OO6 -26 Granting Conceptual Approval to the Provisional Kodiak Island Pre - Hazard Mitigation Plan for the Purpose of Submittal to the State of Alaska Department of Homeland Security and Emergency Management (DHS &EM) and the Federal Emergency Management Agency (FEMA). Resolution No. FY2OO6 -27 Appointing a Gulf of Alaska Groundfish Rationalization Task Force. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2OO6 -07 Rezoning US Survey 3471 Lot 1 FROM RR -1 Rural Residential One Zoning TO RNC -Rural Neighborhood Commercial. (P &Z Case 03 -020) D. OTHER ITEMS 1. Resignation of Fire Protection Area No. 1 Board Member. 2. Appointment to the Bay View Road Service Area Board. 3. Appointment to the Womens Bay Service Area Board. 4. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. 5. Confirmation of Mayoral Appointment to the Personnel Advisory Board. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural /Engineering Review Board Meeting of September 13, 2005. 2. Planning and Zoning Commission Meeting of November 16, 2005. 3. Parks and Recreation Committee Meeting of November 29, 2005. 4. Service Area No. 1 Board Meeting of September 20, 2005. 5. Womens Bay Service Area Board Meeting of November 21, 2005. 6. Kodiak Island Borough School District Board of Education Regular Meeting of November 21 and Special Meeting of December 6, 2005. 1. Kodiak Island Borough December 2005 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summaries of December 12 and 21, 2005 and January 3, 2006. 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 the Assembly Chambers. Kodiak Island Borough Assembly Agenda January 19, 2006 Page 2 Kodiak Island Borough January 19, 2006 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemblymember Term Expires 2008 Ms. Pat Branson Assemblymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswa /t Assemblymember Term Expires 2008 Mr. Cecil Ramey Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Term Expires 2006 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager `4s. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough January 19, 2006 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 Assembly Agenda Regular Meeting Assembly Chambers A. Kodiak Island Borough Assembly Regular Meetings of November 3, and December 1 and 15, 2005. 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter Award 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers /Alaska Department of Environmental Conservation. 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS - None DRAFT Assembly Agenda Page 1 B. RESOLUTIONS 1. Resolution No. FY2006 -23 Identifying the Retrofit of the Kodiak Middle School as the Borough' Number 1 Project for Federal Emergency Management Agency (FEMA) Pre - disaster Mitigat Funding and Committing to a 25 Percent Local Match. 2. Resolution No. FY2006 -24 Adopting a Federal Capital Improvement Program for Fiscal Years 2007-2011. 3. Resolution No. FY2006 -25 Authorizing Borough Participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. D. OTHER ITEMS QQ ��,� z Federal EmergRcy anagement Agency (FEMA) Pre - Disaster Mitigation Plan Submission to the Alaska Department of Homeland Security. Resignation of Fire Protection Area No. 1 Board Member. 3. Appointment to the Bay View Road Service Area Board. 4. Appointment to the Womens Bay Service Area Board. 5. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. 6. Confirmation of Mayoral Appointment to the Personnel Advisory Board. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS C ORDINANCES FOR INTRODUCTION Ordinance No. FY2006 -07 Rezoning US Survey 3471 Lot F1 FROM RR -1 Rural Residential One Zoning TO RNC -Rural Neighborhood Commercial. (P &Z Case 03 -020) 1. Architectural /Engineering Review Board Meeting of September 13, 2005. 2. Planning and Zoning Commission Meeting of November 16, 2005. 3. Parks and Recreation Committee Meeting of November 29, 2005. 4. Service Area No. 1 Board Meeting of September 20, 2005. 5. Womens Bay Service Area Board Meeting of November 21, 2005. 6. Kodiak Island Borough School District Board of Education Regular Meeting of November 21 and Special Meeting of December 6, 2005. B. REPORTS 1. Kodiak Island Borough December 2005 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summaries of December 12 and 21, 2005 and January 3, 2006. 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 the Assembly Chambc. . Kodiak Island Borough Assembly Agenda January 19, 2006 Page 2 November 3, 2005 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 3, 2005 DRAFT A regular meeting of the Kodiak Island Borough Assembly was held November 3, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacke&er of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E &F Director Bud Cassidy, Finance Director Karl Short, Community Development Associate Planner Duane Dvorak, Baler /Landfill Supervisor Alan Torres, Clerk Judi Nielsen, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of September 15 and October 6, 2005 BRANSON moved to approve the minutes as submitted, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing and General Comments. Bob Bowhay supported the Exxon Valdez oil spill resolution. He appreciated the Assembly and presented recent periodicals about fisheries. COMMITTEE REPORTS A. U.S. Army Corps of Engineers - rescheduled to 12/1/2005 regular meeting. PUBLIC HEARING A. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. BRANSON moved to adopt Ordinance No. FY2006 -04, seconded by WILLIAMS Manager Gifford said KIBC 2.39.180 required the Assembly to re- establish boards, committees, and commissions every three years. Staff recommended re- establishing the Emergency Services Council, Parks and Recreation Committee, Architectural /Engineering Review Board, Hospital and Health Facilities Advisory Board, and the Mental Health Center Advisory Board. Kodiak Island Borough Assembly Minutes Page 1 The substituted version of the ordinance terminated the Airport Advisory Committee and the Kodiak Area Transit System Advisory Committee. OSWALT moved to amend ordinance No.FY2006 -04 by substitution, seconded by BRANSON. ROLL CALL VOTE Jeffrey, Oswalt, ROLL CALL VOTE Oswalt, Ranney, ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Ranney, Stephens, Williams ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Branson, Jeffrey, Stephens, Williams, Abell B. Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem. WILLIAMS moved to adopt Ordinance No. FY2006 -05, seconded by BRANSON Manager Gifford said the $35 per diem rate had not been changed since 1977. This would adopt the US GSA rate for non -union employees and elected officials traveling on Borough business. Manager Gifford noted discussion at work session to remove the incidental expenses rate. Clerk Nielsen said a motion to amend is needed. STEPHENS moved to amend Ordinance No.FY2006 -05 by removing the words "and incidental expenses" in the fifth whereas and in the sixth sentence under Section 2, seconded by RANNEY In response to Assemblymember Branson, Assemblymember Stephens said he felt the GSA rate was too high and there was no need for incidental expenses. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Ayes: Jeffrey, Oswalt, Ranney, Stephens, Abell, Branson; No: Williams Assemblymembers Stephens and Jeffrey felt a $50 per diem rate was sufficient. There was general Assembly discussion regarding a per changed in many years and the need for an increase. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED FIVE TO TWO: Williams, Abell, Branson; Noes: Stephens, Jeffrey BOROUGH MANAGER'S REPORT diem rate that had not Ayes: Oswalt, Ranney, Manager Gifford said the Bayside Fire Department burn building would soon be open for use for fire training for all fire departments and use by other public safety agencies. A consultant from Goettel & Associates, Inc. would be in town on November 9 to meet with the review committee to discuss the time line for the Hazard Mitigation Plan. There would be public meeting in the high school commons on November 21 to review the seismic vulnerability of school facilities. The Assembly would hold a strategic planning meeting on November 5. He would attend the Alaska Municipal League Conference in Anchorage November 7 -11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Minutes November 3, 2005 Page 2 Mayor Selby appreciated those who took care of business while he was away. He thanked City Mayor Carolyn Floyd for reading the resolution on behalf of the Assembly at the Coast Guard Appreciation Dinner. UNFINISHED BUSINESS - None NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. WILLIAMS nominated Assemblymember Abell as Deputy Presiding Officer, seconded by OSWALT Mayor Selby closed the nominations. BRANSON moved to cast a unanimous ballot for Assemblymember Abell as Deputy Presiding Officer, seconded by RANNEY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Jeffrey, Oswalt B. CONTRACTS 1. Contract No. FY2006 -21 to Provide Shot Rock Cover at the Kodiak Island Borough Landfill. WILLIAMS moved to approve Contract No. FY2006 -21 with Brechan Enterprises, Inc. in an amount not to exceed $144,000, seconded by BRANSON Manager Gifford said the Borough was required to cover waste at the landfill with a minimum of 6 inches of shot rock daily. This contract would provide cover for at least three years as well as help maintain landfill roadways. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 2. Contract No. FY2006 -22 Landfill Toe Drain Extension and Soil Stabilization Construction. OSWALT moved to approve contract No. FY2006 -22 with Red Hook Construction,LLC in an amount not to exceed $278,000, seconded by BRANSON Manager Gifford gave a detailed report on the landfill design. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney 3. Contract No. FY2006 -23 for Professional Services to Update and Revise the Kodiak Island Borough Comprehensive Plan. JEFFREY moved to approve Contract No. FY2006 -23 with Cogan Owens Cogan, LLC in an amount not to exceed $220,000, seconded by BRANSON Manager Gifford said three firms responded to the request for proposals. The project would be funded by the Coastal Impact Assessment Program and the KIB. Kodiak Island Borough Assembly Minutes November 3, 2005 Page 3 Assemblymember Stephens was concerned about using an outside consultant. Assemblymember Williams said the Borough would rely on the consultant as well as community input during public meetings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt Ranney, Stephens C. RESOLUTIONS 1. Resolution No. FY2006 -15 Urging the United States Department of Justice and the State of Alaska to Reopen the 1991 Civil Settlement From the Exxon Valdez Oil Spill and Claim the Full $100 Million for Mitigation of Unanticipated Long -Term Harm. WILLIAMS moved to adopt Resolution No. FY2006 -15, second by BRANSON Manager Gifford said the October 1991 settlement between Exxon, the United States, and the State of Alaska for damages to natural resources included a clause to reopen for restoration of oil damaged habitats. WILLIAMS moved to amend Resolution No. FY2006 -15 to renumber to Resolution No. FY2006 -17, seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams Assemblymember Stephens felt this should be brought to the appropriate authorities and not to the Assembly. He said the resolution was not clear. Mayor Selby said the resolution was drawn from the studies funded by the Exxon Valdez Trustee Council. The 100 million was intended for the trustee council to continue to fund the studies. Assemblymember Ranney said damages needed further study and this helped push the issues to the Department of Justice. o Assemblymember Stephen felt the ‘ t t= had no language regarding funding studies. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Ayes: Branson, Jeffrey, Oswalt, Ranney, Williams, Abell; No: Stephens 2. Resolution No. FY2006 -16 Authorizing the Manager to Apply for a Loan From the Alaska Clean Water Fund for the Lateral Expansion Design and Construction of the Kodiak Island Borough Landfill. WILLIAMS moved to adopt Resolution No. FY2006 -16, seconded by BRANSON Manager Gifford said this authorized the Manager to apply for and accept a line of credit of $2,612,000 through the Alaska Department of Environmental Conservation to design and construction the lined lateral expansion cell and leachate collection system at the landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson Kodiak Island Borough Assembly Minutes November 3, 2005 Page 4 D. ORDINANCES FOR INTRODUCTION - None E. OTHER ITEMS 1. Accepting Kodiak Island Borough Hazard Mitigation Plan Grant Funds for Fiscal Year `06. BRANSON moved to accept a grant from the Alaska Division of Homeland Security and Emergency Management in the amount of $41,723.25, seconded by ABELL Manager Gifford said this would fund the contract with Goettel and Associates to complete the Hazard Mitigation plan and to allow the Borough to apply for pre- disaster mitigation grant funds to help with rehabilitation of buildings identified in the seismic study. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 2. Resignation of Planning and Zoning Commissioner. BRANSON moved to accept, with regret, the resignation of Reed Oswalt from the Planning and Zoning Commission and directed the Borough Clerk to advertise the vacancy per Borough Code, seconded by JEFFREY Assemblymember Ranney thanked Assemblymember Oswalt for his hard work on the Commission. Assemblymember Branson concurred. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Jeffrey, Oswalt CITIZEN COMMENTS Louise Stutes asked the Borough to address the rat problem downtown. Bob Bowhav thanked the Borough Assembly for continuing with the fisheries study. John Miller hoped the Borough -wide Comprehensive Plan would be completed soon. Clarence Selig thanked the Assembly for adopting Resolution No. FY2006 -15. Iver Malutin thanked the Assembly for passing Resolution No. FY2006 -15. He asked about the status of the Anton Larsen Bay project. Mayor Selby said the manager would have a report. ASSEMBLYMEMBER COMMENTS Assemblymember Jeffrey was happy to see the USCG receive national recognition. She flew on the newly - painted Alaska Airlines "Salmon- Thirty - Salmon" aircraft. Assemblymember Stephens was concerned about the shortage of funds for the pool and wondered if other bonded projects were also underestimated. Mayor Selby said that the pool and other projects were not underestimated. He explained that the 6 million was just an estimate for the pool project. Kodiak Island Borough Assembly Minutes November 3, 2005 Page 5 He said we would not know for sure what the cost would be until the design was done. Assemblymember Stephens wanted to know the cost before construction. Assemblymember Branson agreed with Assemblymember Stephens. Assemblymember Abell thanked the Assembly for electing him as Deputy Presiding Officer. Assemblymember Ranney said he wanted what was best for the community. As a member of the AML Board, he hoped to receive state support for the bonds. Assemblymember Williams congratulated Assemblymember Abell for being elected as Deputy Presiding Officer. ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney The meeting adjourned at 9:02 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes November 3, 2005 Page 6 A regular meeting of the Kodiak Island Borough Assembly was held December 1, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave BlackeEeer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranne , Mel Stephens, and Barbara Williams. Staff present were Manager Gifford, Ie. uty ova avie E &F Director Bud Cassidy, Finance Director Karl Short, no Assi3fant Cler Jessica Basuel. ABELL moved to excuse Assemblymember Pat Branson, seconded by WILLIAMS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA WILLIAMS moved to approve the agenda, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of October 20, 2005. WILLIAMS moved to approve the minutes as submitted, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Students of the Month Mayor Selby announced the students of the month for November were Justine Derrickson of Kodiak High School and Larissa Panama(ioff of Ouzinkie School. CITIZENS' COMMENTS Matt Kelsey, Cogan Owens Cogan representative, was looking forward to meeting with the Borough to update the Borough's comprehensive plan. Bill Hinkle received two checks for the Borough for $2,750 for the new park that would be all concrete where kids could skate or ride bikes. COMMITTEE REPORTS Pam Whist for a who p Joel rovided • of She sai: the e g with r=avel f d Kodiak .ea foo KODIAK ISLAND BOROUGH Regular Assembly Meeting December 1, 2005 and recipes from the "Taste of Kodiak" event in ent was very successful and thanked the Assembly r her and chefs Joel Chenet and Scott Cummings . She hoped to attend next year in New York. enet thanked t'; sembly and said he enjoyed his trip. DRAFT A. U.S. Army Corps of Engineers and the Alaska Department of Environmental Conservation - unable to attend. Kodiak Island Borough Assembly Minutes December 1, 2005 5A11 Page 1 B. AADC Update - Martha Schoenthal Martha Schoenthal said AADC donated $100,000 in scholarship funding to the S UofA Foundation. Ten of the twenty $5,000 scholarships would be awarded to - fist year's AADC scholarship recipients and ten to new graduating seniors from Kodiak. She said the next launch would be in late winter or early spring 2006. ets PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Beverage Dispensary License # 1711 D.B.A. Hopper Valley Roads End from Ernest Hopper & Patricia McCloskey to Frank Charles Bertrand III. STEPHENS moved to voice non - protest to the Alcoholic Beverage Control Board Liquor License Application for Transfer of Beverage Dispensary License # 1711 D.B.A. Hopper Valley Roads End from Ernest Hopper & Patricia McCloskey to Frank Charles Bertrand III, seconded by JEFFREY Deputy Clerk Javier said KIBC 5.01.030 was followed and it was determined that the Borough had no interest that could be protected by protesting. Mayor Selby called for public testimony; hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO VOICE NON- PROTEST CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams B. Resolution No. FY2006 -19 Requesting North Pacific Fishery Management Council Consideration of Community Concerns in the Pending Gulf of Alaska Rationalization Program. JEFFREY moved to adopt Resolution No. FY2006 -19, seconded by WILLIAMS Manager Gifford said the Assembly and City Council met on November 1 to discuss fisheries issues and it was agreed to prepare a joint resolution. Mayor Selby opened the public hearing. Chuck Thompson encouraged the Assembly to send the letter and representation to the North Pacific Management Council meeting. Steve Branson encouraged the Assembly to work with the State of Alaska for an independent study on gulf rationalization. Duncan Fields supported the resolution and encouraged the Assembly to send the resolution to the Council. He suggested the Borough take the lead to develop a format on gulf rationalization issues for Kodiak. Theresa Peterson supported the resolution and urged the Assembly to continue exploring options for the Alaska coastal community. Mark Levenson, owner of F/V Sea Dream, supported the resolution and wanted 1: something done to keep the money and people in Kodiak. Julie Bonnie supported the resolution. Clarence Selig wanted to move slowly and control Kodiak's economic future. Kodiak Island Borough Assembly Minutes December 1, 2005 Page 2 Alexus Kwachka supported the resolution and agreed with Duncan Fields' idea of a workgroup. Mayor Selby closed the public hearing and reconvened the regular meeting. Assemblymember Abell said he was unsure about voting on the resolution until he heard the public testimony. He thanked those who testified. Assemblymember Ranney was glad to hear the testimony. He felt the resolution placed alternatives before the Council to analyze the impact to Kodiak. Assemblymember Jeffrey agreed that the resolution would allow the Council to address different options. Assemblymember StephenSdisagreed and felt there should be clearer language. A STEPHENS moved to amend Resolution No. FY2006 -19 by adding to of paragraph number 4 the words: "Develop and bring forward for an additional alternative which includes no processor shares, privileges of any kind. For alternatives already being seconded by WILLIAMS. the beginning consideration linkages, or considered, ", ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Oswalt, Ranney Stephens, Williams, Abell, Jeffrey BOROUGH MANAGER'S REPORT Manager Gifford said DOT was accepting comments on its FY2006 -2008 Statewide Transportation Improvement Program (STIP) through December 31, 2005. Projects that appeared on the previous STIP were delayed or cancelled due to unexpected reductions to DOT's budget. He and Director Cassidy reviewed the FY2006 -2008 STIP for discussion at the Assembly's December 8, 2005 work session for written comments to DOT by December 31, 2005. Brechan Enterprises began the project to create rock cover at the landfill. The Borough solicited bids for a mini SUV and awarded the purchase to Kodiak Motors for $19,455. Funding was included in the FY2006 budget. Staff met with the North Star PTA on the RFP for the traffic flow study and the proposed bike trails leading to the school. The RFP should be out soon. Funding for the study came from a capital improvement project. A public meeting was held on November 21 to review the need to repair school facilities identified in the seismic vulnerability study. Staff provided the consultant's draft report and a memo outlining possible steps to address the repairs for discussion at the January 12, 2006 Assembly work session. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a happy holidays and Merry Christmas. He ncouraged everyone to help and share to those in need. fter a five minute recess at 8:45 p.m., Mayor Selby reconvened the regular meeting at 8:50 p.m. UNFINISHED BUSINESS - None. Kodiak Island Borough Assembly Minutes Page 3 December 1, 2005 NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -24 for Purchase of a Fire Service Dryside Tanker Vehicle for the Womens Bay Fire Department. RANNEY moved to approve Contract No. FY2006 -24 with Pierce Manufacturers and Hughes Fire Equipment, Inc. in an amount not to exceed $262,000, seconded by JEFFREY Manager Gifford said the Womens Bay plus a local match of $13,100 to reviewed the two proposals received and Hughes Fire Equipment, Inc. be Fire Department (WBFD) grant for $248,900 purchase a new Dryside Tanker. Staff and recommended that Pierce Manufacturers awarded this contract. STEPHENS moved to suspend the rules to take action on the Acceptance of a U.S. Department of Homeland Security Grant, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt STEPHENS moved to accept a grant from the U.S. Department of Homeland Security in the amount of $248,900 for the purchase of a new Fire Tanker for the Womens Bay Service Area, seconded by OSWALT ROLL CALL VOTE ON MOTION TO ACCEPT THE GRANT CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney ROLL CALL VOTE ON MOTION TO APPROVE CONTRACT NO. FY 2006 -24 CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 2. Contract No. FY2006 -25 Contract with Emergency Management Consulting Group, LLC, Inc. for the Delivery of a Homeland Security Community Exercise in the Amount of $49,000. ABELL moved to approve Contract No. FY2006 -25 with Emergency Management Consulting Group, LLC, Inc. for the delivery of a homeland security community exercise in the amount of $49,000, seconded by WILLIAMS Manager Gifford said the Assembly accepted a grant from the Department of Homeland Security for $138,151.00 for equipment acquisition and a community wide preparedness exercise. ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 3. Contract No. 1995 -47E Amendment to Sections 13.14 and 13.15 Concerning Travel Per Diem Rates of the Collective Bargaining Agreement Between Kodiak Island Borough and International Brotherhood of Electric Workers Local Union 1547. JEFFREY moved to approve Contract No. 1995 -47E Amendment to Sections 13.14 and 13.15 Concerning Travel Per Diem Rates of the Collective Bargaining Agreement Between Kodiak Island Borough and International Brotherhood of Electric Workers Local Union 1547, seconded by OSWALT Manager Gifford said the Assembly adopted Ordinance No. FY2006 -05 increasing the per diem rate in the Borough Personnel Manual and this amendment to the IBEW Agreement increased the travel per diem rate for union employees. Kodiak Island Borough Assembly Minutes December 1, 2005 Page 4 ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell B. RESOLUTIONS 1. Resolution No. FY2006 -18 Adopting the Kodiak Island Overall Comprehensive Economic Development Strategy (CEDS) For Fiscal Year 2005. WILLIAMS moved to adopt Resolution No. FY2006 -18, seconded by OSWALT Manager Gifford said this adopted the Economic Development Committee's Comprehensive Economic Development Strategy to be submitted to the U.S. Economic Development Administration for their review and adoption. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey 2. Resolution No. FY2006 -20 Supporting House Bill 83 Retaining the Alaska Seismic Hazards Safety Commission. OSWALT moved to adopt Resolution No. FY2006 -20, seconded by ABELL Manager Gifford said this would extend the life of the Alaska Seismic Hazards Safety Commission for an additional three years. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Ranney, Stephens Williams, Abell, Jeffrey, Oswalt C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -01A Amending Ordinance No. FY2006 -01 Fiscal Year 2006 Budget by Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures for Property Insurance on School Buildings and Budgeting for Several Grants. ABELL moved to adopt Ordinance No. FY2006 -01A to advance to public hearing on December 15, 2005, seconded by WILLIAMS Manager Gifford enumerated the changes to the Fiscal Year 2006 budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney D. OTHER ITEMS 1. Appointment to the Fire Protection Area No. 1 Board. OSWALT moved to appoint Scott Arndt to the Fire Protection Area No. 1 Board for a term to expire October 2007, seconded by STEPHENS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney,Stephens 1 ---a 2ppointment to Service Area No. 1 Board. WILLIAMS moved to appoint Dennis R. Symmons to the Service Area No. 1 Board for a term to expire October 2006, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams Kodiak Island Borough Assembly Minutes December 1, 2005 Page 5 3. Resignation of Bay View Road Service Area Board Member. JEFFREY moved to accept the resignation of Reed Oswalt from the Bay View Road Service Area Board for a term to expire October 2007 and direct the Clerk to advertise the vacancy per Borough Code, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell 4. Resignation of Mission Lake "Tidegate" Service Area Board Member. ABELL moved to accept, with regret, the resignation of Mr. Norman Sutliff from the Mission Lake "Tide Gate" Service Area Board for a term to expire 2006 and direct the Clerk to advertise the vacancy per Borough Code, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffery CITIZEN COMMENTS Duncan Fields reiterated his support of Resolution No. FY2006 -19 and would be available to serve on a working group on fisheries issues. AS5EMBLYMEMBER COMME Assemblyntember Jeffrey thanked Norman Sutliff for eitlg on the Mission Tidegate4 She believed in working together and battling out. S e would like 3 assembly consider in the future in helping to support thenFaing group. "Stephens suggested to have the budget book available to people who were interested in finding out where funds are going. Assemblymember Ranney said he was glad to serve on and congratulated the two Students of the Month for November. The meeting adjourned at 9:27 p.m. Judith A. Nielsen, CMC, Borough Clerk Approved: Assemblymember Williams also congratulated the Student of the Month. Mayor Selby announced the Assembly would meet in a work session on Thursday, December 8 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, December 15 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT STEPHENS moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 1, 2005 Page 6 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 15, 2005 A regular meeting of the Kodiak Island Borough Assembly was held December 15, 2005 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacket er of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E &F Director Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. ABELL moved to excuse Assemblymember Pat Branson, seconded by JEFFREY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA STEPHENS moved to approve the agenda, seconded by ABELL WILLIAMS moved to amend the agenda by adding Item Number 13.D.10 resignation of Parks and Recreation Committee Member, seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams WILLIAMS moved to amend the agenda by adding Item Number 13.D.11 accepting the resignation of Robert Greene from the Parks and Recreation Committee, seconded by JEFFREY Clerk Nielsen said the motion should be corrected from resignation to declaration of vacancy. WILLIAMS moved to amend the motion to declaration of vacancy, seconded by JEFFREY ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey ROLL CALL VOTE ON MOTION TO APPROVE THE AGENDA: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey APPROVAL OF MINUTES - None AWARDS AND PRESENTATIONS A. Comprehensive Annual Financial Report Award Manager Gifford presented the Comprehensive Annual Financial Report Award to Finance Director Karl Short. He said this was the sixteenth year of receiving this award. Kodiak Island Borough December 15, 2005 5 \‘' DRAFT Assembly Minutes Page 1 CITIZENS' COMMENTS Jay Johnston heard the Assembly's valid budget concerns regarding Contract No. FY2006 -28 but felt delaying the project would create higher costs. COMMITTEE REPORTS - None PUBLIC HEARING A. Ordinance No. FY2006 -01A Amending Ordinance No. FY2006 -01 Fiscal Year 2006 Budget by Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures for Property Insurance on School Buildings and Budgeting for Several Grants. ABELL moved to adopt Ordinance No. FY2006 -01A, seconded by WILLIAMS Manager Gifford said this amended the FY2006 budget to reflect midyear amendments. He enumerated the changes. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. Assemblymember Stephens expressed his concern regarding the fund balance. Assemblymember Williams asked why the Anton Larsen Bay Boat Ramp project was $35,000 over budget. Director Cassidy said there was an area that was incorrectly filled in but the project was back on track. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt BOROUGH MANAGER'S REPORT Manager Gifford said the surplus equipment sale was scheduled on December 19 in the Assembly Chambers. State and federal agencies are monitoring the increased activity of St. Augustine Volcano but an eruption was not imminent. The new dozer for the landfill was shipped. A joint Assembly /City Council work session would be held on January 17 to discuss the Gulf of Alaska Rationalization Task Force. He invited the Assembly to attend the Annual Borough Employees Christmas party on December 23 and wished everyone a Merry Christmas. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported he and Assemblymember Ranney attended the NPFMC meeting in Anchorage. He said the Council was receptive to the resolutions submitted by the borough and city. He favored the formation of Gulf of Alaska Rationalization Task Force. He wished everyone a Merry Christmas and a Prosperous New Year. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -28 Design and Construction Services for the New Pool Facility. Kodiak Island Borough Assembly Minutes December 15, 2005 Page 2 ABELL moved to award Contract No. FY2006 -28 to ECI /flyer of Anchorage, Alaska in an amount not to exceed $687,324, seconded by WILLIAMS y,�i Manager Gifford said the Architectur a evlew Boa interviewed three firms, and recommended ECI /Hyer. B. RESOLUTIONS C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS reviewed the proposals, There was general Assembly discussion regarding the budget constraints of building the new pool. Mayor Selby suggested moving forward as the project would be done in stages and concerns could be discussed at next work session. ROLL CALL VOTE ON MOTION TO AWARD CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney 1. Resolution No. FY2006 -21 Certifying the FY'06 Shared Fisheries Business Tax Program Application to be True and Correct. OSWALT moved to adopt Resolution No. FY2006 -21, seconded by STEPHENS Manager Gifford said this was required to receive funds that were shared with other communities within the Borough. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 2. Resolution No. FY2006 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2006 -2010. WILLIAMS moved to adopt Resolution No. FY2006 -22, seconded by ABELL Manager Gifford said the Assembly met in a strategic planning session on November 5 to outline the Borough's mission, vision, and guiding principles. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed for Senior Citizen's Tax Exemption for 2003 and 2004. (Lois Stover) WILLIAMS moved to waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed for senior citizens' tax exemption for 2003 and 2004 for Lois Stover, seconded by OSWALT Manager Gifford said Alaska Statutes allow the Assembly to waive a claimant's failure to make timely application for the Senior Citizen's Property Tax _ exemption. Lois Stover filed late tax years 2003 and 2004. Assemblymember Stephens asked the Assembly to review the Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell Kodiak Island Borough Assembly Minutes December 15, 2005 Page 3 2. Personnel Advisory Board Vacancy. JEFFREY moved to declare Mr. Brian Beck's seat on the Personnel Advisory Board for a term to expire December 31, 2005 vacant and direct the Borough clerk to advertise the vacancy per Borough code, seconded by STEPHENS Clerk Nielsen said the term would expire on December 31, 2007. STEPHENS moved to amend the motion to reflect the term to expire to December 31, 2007, seconded by ABELL ROLL CALL VOTE ON MOTION AMEND CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey ROLL CALL VOTE ON MAIN MOTION AS AMENDED: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt 3. Mayoral Appointment of Assembly Representatives to Boards and Committees. STEPHENS moved to confirm the mayoral appointments of Assemblymember representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Reed Oswalt Joint Building Code Review Committee Reed Oswalt Kodiak College Council Sue Jeffrey Parks and Recreation Committee Barbara Williams Providence Kodiak Island Service Area Community Board Pat Branson Providence Kodiak Island Counseling Center Advisory Board Cecil Ranney School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee . . Barbara Williams Mayor Selby serves on the Emergency Services Council and Economic Development Committee, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Jeffrey, Oswalt, Ranney ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Oswalt, Ranney, Stephens 5. Confirmation of Committee. JEFFREY moved to confirm the mayoral appointments of Kevin Sirofchuck to three -year seats for terms to expire December Parks and Recreation Committee, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Stephens, Williams - Expires 12/31/2008 - Expires 12/31/2006 Mel Stephens Tom Abell Williams, Abell, 4. Confirmation of Mayoral Appointments to the Arts Council Advisory Committee. WILLIAMS moved to confirm the mayoral appointments of Mark Anderson, Cecelia A. Esparza, and Zoya Saltonstall to one -year seats for terms to expire December 31, 2006 on the Arts Council Advisory Committee, seconded by OSWALT Abell, Jeffrey, Mayoral Appointments to the Parks and Recreation Foster and Mike 31, 2008 on the Oswalt, Ranney, Kodiak Island Borough Assembly Minutes December 15, 2005 Page 4 6. Confirmation of Mayoral Appointments to the Planning and Zoning Commission. OSWALT moved to confirm the mayoral appointments of Gary Carver to a three - year Borough seat and Jerrol Friend to a three -year City seat to expire December 31, 2008 and Gary Juenger to a two -year seat to expire December 31, 2007 on the Planning and Zoning Commission, seconded by STEPHENS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell 7. Recommendation for Appointment to Board Seats on the Providence Kodiak Island Service Area Community Board. JEFFREY moved to recommend the appointments of Pat Branson, Steve Honnold, and Michael Machulsky to the Providence Kodiak Island Service Area Community Board, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey 8. Confirmation of Mayoral Appointments to the Architectural/ Engineering Review Board. STEPHENS moved to confirm the mayoral appointments of Jerrol Friend and Jay Johnston to three -year seats to expire December 31, 2008 on the Architectural/ Engineering Review Board, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt 9. Confirmation of Mayoral Appointments to the Personnel Advisory Board. OSWALT moved to confirm the mayoral appointments of Susan Eoff to a one -year seat to expire December 31, 2006 and Bill King to a three -year seat to expire December 31, 2008 on the Personnel Advisory Board, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney 10. Resignation of Parks and Recreation Committee Member. JEFFREY moved to accept, with regret, the resignation of Heather Turner from the Parks and Recreation Committee and direct the Borough clerk to advertise the vacancy per Borough code, seconded by OSWALT ROLL CALL VOTE ON MOTION ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 11. Declaration of Vacancy on the Parks and Recreation Committee. ABELL moved to declare Recreation Committee for by WILLIAMS ROLL CALL VOTE ON MOTION: V CITIZEN COMMENTS the seat held by Robert Greene on the Parks and a term to expire December 31, 2007 vacant, seconded Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams Kodiak Island Borough Assembly Minutes December 15, 2005 Page 5 Dave Jones, Kodiak Island Borough School District Finance Director, thanked the Assembly for the additional school district funding. ASSENBLYMEMBER COMMENTS Assemblymember Williams wished everyone a merry Christmas and a happy New Year. Assemblymember Ranney said his and the Mayor's attendance to NPFMC was productive and time well spent. He wished everyone a happy and safe holiday season. Assemblymember Abell looked forward to the new year with a new manager on board. He encouraged public participation in upcoming discussions on big issues. Assemblymember Stephens wished everyone a merry Christmas and encouraged everyone to take part in the budget process. Assemblymember Jeffrey was thankful for having the Gerald C. Wilson auditorium in Kodiak. She was glad to see the pool contract approved. She wished everyone a safe and joyful holiday season. Assemblymember Oswalt hoped the public would participate in local government and encouraged everyone to contact their legislators. Mayor Selby announced the Assembly would meet in a work session on Thursday, December 22, 2005 at 6:30 p.m. in the Borough Conference Room. The Borough offices would be closed on Monday, December 26, 2005 in observance of the Christmas holiday, and Monday, January 2, 2006 in observance of the New Year holiday. The Assembly work session of Thursday, December 29, 2005 and regular meeting of Thursday, January 5, 2006 were cancelled. The Assembly would meet in a work session on Thursday, January 12, 2006 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, January 19, 2006 at 7:30 p.m. in the Assembly chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. JEFFREY moved to convene into an executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for an executive session as a matter that may tend to prejudice his reputation or character, and invite all Assemblymembers, the Mayor, and the Manager to participate, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell Mayor Selby recessed the regular meeting at 8:48 p.m. The Assembly proceeded into an executive session after a ten minute break. Mayor Selby reconvened the regular meeting at 9:30 p.m. and announced there would be no action to be taken as a result of the executive session. CO ADJOURNMENT Kodiak Island Borough Assembly Minutes December 15, 2005 Page 6 RANNEY moved to adjourn the meeting, seconded by JEFFREY ROLL CALL VOTE CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey The meeting adjourned at 9:31 p.m. Judith A. Nielsen, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 15, 2005 Page 7 o sa;:ft KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -23 Introduced by Manager Gifford Requested by: Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 01/19/2006 Amended: 01/19/2006 Adopted: 01/19/2006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY IDENTIYING THE RETROFIT OF THE KODIAK MIDDLE SCHOOL AS THE BOROUGH'S NO. 1 PROJECT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PRE - DISASTER MITIGATION FUNDING AND COMMITTING TO A 25 PERCENT LOCAL MATCH WHEREAS, a seismic vulnerability study was performed on all public school facilities on Kodiak Island; and WHEREAS, this vulnerability study identified a number of seismic code deficiencies in certain schools that pose life — safety risks to students and teachers; and WHEREAS, the probability that these building would become damaged in a significant seismic event is large; and WHEREAS, the consultants hired to review school facilities have identified the following projects as priorities for retrofitting: • Kodiak Middle School (1952 &1954 additions) $1,251,510 • Ouzinkie School (1969 addition) $ 149,000 • Peterson School (1946 addition) $ 508,500 • Kodiak High School Library Wing and Science Room Lab $ 464,500 • Kodiak High School Gym $ 410,300 • Non Structural Items (All Schools) $ 352,000 TOTAL $3,135,810 ✓ WHEREAS, Congress has allocated a limit amount of funds to FEMA to disperse to the states under their competitive Pre - Disaster Mitigation (PDM -C) 2006 grant program; and WHEREAS, under this retrofit of deficient stru by matching FEMA fu associated with the repair and roject by obligating themselves NOW, THEREFORE «'r �� _` ; (Y OF THE KODIAK ISLAND BOROUGH that: Section 1: The B ` _ ' k Middle School (1952 & 1954 addlti•.: �� _ fit project. Section 2: The B ', = he FEMA contribution with a 25% local Section 3: The obligate the Borough to complete this p '�,;i Kodiak Island Borough Alaska Resolution No. FY2006 -23 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF JANUARY 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -23 Page 2 of 2 Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.6.1 Resolution No. FY2006 -23 Identifying the Retrofit of the Kodiak Middle School as the Borough's Number 1 Project for Federal Emergency Management Agency (FEMA) Pre - disaster Mitigation Funding and Committing to a 25 Percent Local Match. Summary: The Borough has hired consultants to review the ability of our schools to withstand a significant earthquake. Their review has demonstrated that a number of our facilities would not fare well. As part of the contract included an estimate of the cost to cure these seismic deficiencies as well as the filing of applications to FEMA in an attempt acquire funding to retrofit these structures. FEMA has a program that funds the strengthening of structures before an event to lessen the building's damage and to lessen risks to the public. Known as the Pre - Disaster Mitigation (PDM) program, this is a competitive grant program which pays for 75% of the costs to repair a facility, but also requires a local contribution of 25% of the repair cost. As part of the application process to FEMA to secure funds for a retrofitting these schools is the requirement that the local government obligate itself to co -fund the project. This resolution covers that requirement. FEMA has not obligated as much money to the program as has been the case in past years. Because of this, it has been recommended by the consultant that we select one project out of our list of projects. The middle school retrofit has been selected because of the exposure to a large number of students as well as its large cost to repair. APPROVAL FOR AGENDA: Al ./ l!,rd RECOMMENDED MOTION: Move to adopt Resolution No. FY2006 -23. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -23 Introduced by: Requested by: Drafted by: Introduced: Adopted: Manager Gifford Assembly Eng /Fac Director Cassidy 01/19/2006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY IDENTIYING THE RETROFIT OF THE KODIAK MIDDLE SCHOOL AS THE BOROUGH'S NO. 1 PROJECT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PRE - DISASTER MITIGATION FUNDING AND COMMITTING TO A 25 PERCENT LOCAL MATCH WHEREAS, a seismic vulnerability study was performed on all public school facilities on Kodiak Island; and WHEREAS, this vulnerability study identified a number of seismic code deficiencies in certain schools that pose life — safety risks to students and teachers; and WHEREAS, the probability that these building would become damaged in a significant seismic event is large; and WHEREAS, the consultants hired to review school facilities have identified the following projects as priorities for retrofitting: • Kodiak Middle School (1952 &1954 additions) • Ouzinkie School (1969 addition) • Peterson School (1946 addition) • Kodiak High School Library Wing and Science Room Lab • Kodiak High School Gym • Non Structural Items (All Schools) $1,192,375 $ 149,000 $ 508,500 $ 464,500 $ 410,300 $ 363. TOTAL $3,087,675 WHEREAS, Congress has allocated a limit amount of funds to FEMA to disperse to the states under their competitive Pre- Disaster Mitigation (PDM -C) 2006 grant program; and WHEREAS, under this program, FEMA will pay up to 75% of the costs associated with the repair and retrofit of deficient structures but requires the locality to co -fund the project by obligating themselves by matching FEMA funding with a 25% contribution. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The Borough has identified the retrofit of the Kodiak Middle School (1952 & 1954 additions) as the Borough's top priority seismic retrofit project. Section 2: The Borough pledges and obligates itself to match the FEMA contribution with a 25% local match. Section 3: The Manager is authorized to sign and to financially obligate the Borough to complete this project. Kodiak Island Borough Alaska Resolution No. FY2006 -23 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Judith A. Nielsen, CMC, Borough Clerk Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -23 Page 2 of 2 KIB Seismic Vulnerability Assessment Prepared for: Kodiak Is /and Borough by: G &E Engineering Systems Inc. 6315 Swainland Road Oakland, CA 94611 (510) 595 -9453 (510) 595 -9454 (fax) eidinger@earthlink.net Principal Investigator: John Eidinger, C.E. 11276 G &E Report 87.01.05, Revision A (Draft) November 19, 2005 KIB Seismic Vulnerability Assessment R87.01.05 Rev. A (draft) November 19, 2005 Table of Contents TABLE OF CONTENTS 1.0 INTRODUCTION 2 1.1 EXECUTIVE SUMMARY 2 1.2 OTHER IMPROVEMENTS 4 1.3 REPORT OUTLINE 4 1.4 ABBREVIATIONS AND DEFINITIONS 5 1.5 LIMITATIONS 5 1.6 ACROBAT FILE FORMAT 5 2.0 BUILDING DESCRIPTIONS 6 2.1 FACILITY INVENTORY 6 2.2 MIDDLE SCHOOL 10 2.3 HIGH SCHOOL LIBRARY WING 15 2.4 OUZINKIE 22 2.5 PETERSON 24 2.6 HIGH SCHOOL GYM FAN ROOM WALLS 30 2.7 NON STRUCTURAL COMPONENTS 33 3.0 SEISMIC HAZARDS 35 3.1 GROUND SHAKING HAZARD 35 3.2 GEOTECHNICAL HAZARDS 40 4.0 SEISMIC RETROFITS 43 4.1 MIDDLE SCHOOL 43 4.2 HIGH SCHOOL LIBRARY WING 44 4.3 OUZINKIE 46 4.4 PETERSON 49 4.5 HIGH SCHOOL GYM 51 5.0 FRAGILITY AND DAMAGE STATES 53 5.1 MIDDLE SCHOOL 54 5.2 HIGH SCHOOL LIBRARY WING 55 5.3 OUZINKIE 56 5.4 PETERSON 57 5.5 HIGH SCHOOL GYM 57 5.6 SCENARIO ANALYSES 59 6.0 BENEFIT COST ANALYSES 63 70 REFERENCES 64 G &E Engineering Systems Inc. Page i KIB Seismic Vulnerability Assessment R87.01.05 Rev. A (draft) November 19, 2005 1.0 Introduction This report describes a Seismic Vulnerability Assessment for all of the Kodiak Island Borough school buildings. This report is labeled draft, and will be revised to reflect comments and additional information yet to be finalized. 1.1 Executive Summary A Seismic Vulnerability Assessment was performed of the Kodiak Island Borough school buildings. The assessment included all the buildings for 13 schools as well as the Learning Center. Several of the schools include multiple buildings, and each building was included in the assessment. For each site / building, we evaluated six seismic hazards: ground shaking, surface faulting, liquefaction, tsunami, landslide and differential settlement. Given these seismic hazards, we evaluated how each building might perform in various size earthquakes. The geologic hazard studies show that the level of earthquake motion that should be used for design of new facilities, to modern (2005) standards, should be about 18% to 40% larger than what was used for the design of most of the schools built since the mid- 1960s. The 18% increase would reflect design using the seismic concepts in the Uniform Building Code (1997), which are set at providing for life safety for earthquakes that occur once every 475 years. The 40% increase would reflect design for even rarer earthquakes, as would be required if KIB adopts the latest provisions of the International Building Code, which are set at designing for life safety for 2/3 of an earthquake that might occur once every 2,475 years. For those buildings where we recommend structural seismic upgrades, the upgrades should be designed to meet the intent of providing life safety service for earthquakes that occur once every 475 years. For construction of future new buildings, we recommend that the higher standard (2/3 of 2,475 year earthquake) be used. This should provide immediate occupancy for the buildings should a 475 -year earthquake occur, while still providing life safety reliability in the larger but rarer event. For most of the buildings, the existing structural systems were designed with a reasonable capability to resist medium to quite Large earthquakes. However, for portions of the three oldest buildings (Middle School, Ouzinkie, Peterson), we found there were significant deficiencies in the existing lateral force resisting system, such that a structural upgrade appears warranted. We also found some deficiencies at the High School Library Wing and Gym, largely through strength and stiffness discontinuities that were apparently overlooked in the original design. In addition, we found that at essentially every school that there are a number of non- structural components that require anchorage or bracing. These components range from furnaces, heating and ventilation equipment, water tanks, library bookshelves, suspended ceilings, windows, etc. The cost to upgrade the essential items needed for building services is $363,000. The cost to upgrade suspended ceilings just over main egress areas G &E Engineering Systems Inc. Page 2 School Building Seismic Upgrade Cost' Project Benefits Benefit Cost Ratio Middle School (1952, 1954 portion) $1,192,375 $8,009,581 6.72 Ouzinkie (1969 portion) $149,000 $975,410 7.55 Peterson (1946 portion) $508,500 $1,862,173 3.66 High School Library Wing $464,500 $4,452,695 9.59 High School Gym (Essential) $410,300 $416,768 1.02 Non Structural Items $363,000 (later) Total $3,087,675 $15,716,627 5.09 KIB Seismic Vulnerability Assessment R87.01.05 Rev. A (draft) November 19, 2005 would be an additional $302,000. The cost to upgrade all suspended ceilings would be $1,189,000. The cost of upgrading suspended ceilings has not been included in Table 1 -1. The complete seismic upgrade program would cost $3,087,675 ($2006). Table 1 -1 summarizes the costs and benefits and the Benefit Cost Ratios (BCR) for the recommended upgrades. Table 1 - 1. Summary of Recommended Seismic Upgrades and BCRs We performed a series of benefit cost analyses, to examine how cost effective it is to perform the above upgrades. Using a discount rate of 7 %, and applying the FEMA- approved methodologies to perform such analyses, we found that the BCR varies from 1.02 to 9.59 for the recommended six projects when ranked individually, or 5.09 when considered as one large project. Any project with a Benefit Cost Ratio of 1 or larger is deemed cost effective on an economic basis; in other words, the capital cost spent today is less than the benefits accrued from reduction in building damage, injury to people and other economic impacts from all future earthquakes, over the remaining lifetime of the schools. It is our opinion that all of the above listed projects are eligible for co- funding under FEMA's Pre- Disaster Mitigation program. We therefore recommend that KIB consider submitting a proposal to FEMA under its PDM -C 2006 program. The availability of funds under FEMA's 2006 program are uncertain due to the recent Hurricane Katrina, and it is possible that FEMA will not have sufficient funds in 2006 for all eligible projects. Should co- funding from FEMA not be available under the FEMA 2006 PDM program, we recommend that KIB still implement all of the above projects, as soon as funds are available. The work should be prioritized to do early implementation of the projects with the highest BCRs, consistent with permitting, and coordinated with complementary operations and maintenance projects. All work should be completed by 2015 (ten years), reflecting the ongoing risk to the community. If resources are available, it is possible that all upgrades could be completed in four years (by end of summer 2009). ' Includes relocation costs during construction. 2 Budget would be based on rounded figures to the nearest $1000. ' Benefits from upgrade of the non - structural items will be provided in a future submittal. G &E Engineering Systems Inc. Page 3 Item No. 13.8.2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of January 19, 2006 Resolution No. FY2006 -24 Adopting a Federal Capital Improvement Program for Fiscal Years 2007-2011. Summary: Attached is the resolution that outlines the Borough's top five federal capital improvement project priorities for fiscal years 2007 -2011. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2006 -24. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -24 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 01/19/2006 Adopted: 01/19/2006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEARS 2007 -2011 WHEREAS, a federal capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community over the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified five main projects to submit to the Alaska Congressional Delegation for funding consideration; (� NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 1 ' BOROUGH that: �o Section 1: The Kodiak Island Borough's top five federal capital improvement project priorities for 9' fiscal years 2007 -2011 are as follows: (_dry 1. Kodiak Near Island Research and Administration Facility $4,500,000 $,h Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal sister counterpart will have many obvious advantages, information sharing being just one. However, the real justification for a new facility is due to the deficiencies found in the existing ADF &G building. These deficiencies have been identified in the ASCG "Condition Survey" performed in 2002. A similar report called a "Needs Assessment" demonstrates there is need for additional space (approximately 60% more that currently is found in the existing building) to operate viable programs performed by the local ADF &G office. Of particular importance is the need for basic laboratory space that is no longer found in the existing building. Though the cost of the construction of a new facility is estimated to be $9,000,000, the large amount of the funding is anticipated to be appropriated by the State of Alaska. KIB will be requesting federal money through the Exxon Valdez Oil Spill (EVOS) Trustee Council in an amount based upon the amount of space dedicated in the new building for research. Conceptual plans demonstrate that research space in this new building makes up approximately 50% of the total space of this facility. 2. Kodiak Landfill Lateral Expansion /Close Out of Existing Footprint $6,281,485 The costs to operate and manage a landfill on an island in the North Pacific are substantial and alternatives are limited. Kodiak is one of the busiest commercial fishing and processing ports in the nation and having a landfill is vital piece of infrastructure that is important to the local economy. This federal CIP request is for the closure of the existing footprint as well as the construction of the lateral expansion area. The existing landfill footprint is nearing capacity and the construction of an adjacent lateral expansion (Phase 3) is anticipated to occur in the next few years. Closing the existing cell requires installation of waterproof and geotextile membranes as well as final shaping of the tomb. Landfill gases and leachate must be collected and /or vented for a period of thirty years after closure. Final slopes must also be monitored and maintained. All costs are to be borne by local government. Cost of closure and post closure costs is $3,804,164 (2006 dollars) This lateral expansion area will be a 6 -8 -acre cell that is expected to last 9 —12 years before reaching capacity. KIB has worked with the Alaska Department of Environmental Conservation's Municipal Grants and Loans Program in an effort to secure funding an engineering and design loan for the lateral expansion. Kodiak Island Borough Alaska Resolution No. FY2006 -24 Page 1 of 2 Expansion costs are anticipated to be per acre are estimated at $63,355 for site preparation and $244,852 for a liner and leachate collection system. Engineering /Design costs are estimated at $316,777. Total capital cost for the projects is estimated to be $6,281,485. 3. Anton Larsen Boat Floating Dock $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It is a facility that is heavily used by residents of the rural communities of Port Lions, and Ouzinkie, as well as those living on the island's west side who access the City of Kodiak by watercraft or plane. During the summer it is also used by charter boats, sports and commercial tshermen. The dock was originally constructed to load materials used for the construction of the Terror Lake Hydroelectric Project— a remote dam project. Instead of dismantling the dock upon the completion of dam, the Borough became interested in managing it for public purposes. This interest resulted from the public's concern for a safe alternative to access Kodiak by watercraft, other than risking loss of life and property by traveling around a dangerous stretch of water called Spruce Cape. Because many of the island's residents and commercial fisherman rely on the medical services as well as other retail service found in the City of Kodiak, many folks consider this safe altemative crucial. The KIB improved the existing dock in 1995 by driving piles and refurbishing the floating dock structure which has found to be undersized. 4. Chiniak Tsunami Center Expansion Project $275,000 The community of Chiniak is located approximately 40 miles from the City of Kodiak. There is a need for an emergency shelter in times of crises. Phase I of an evacuation center was completed in 1990. There is a need for an addition to the existing structure. Though originally designed to be a larger facility, funding only allowed for Phase I construction. This federal funding request would complete the design of an addition, as well as upgrade the water system and backup generator. Presently the shelter also serves a dual purpose, acting as the communitys library and community center. 5. Womens Bay Emergency Shelter $600,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USGC Support Center. Should there be a tsunami or storm tide that destroys the tidewater road, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire Department. This existing building acts as the community center for the Womens Bay community; however there is no additional space to respond to sheltering needs in times of crises. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of$600,000. Section 2: ATTEST: The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF JANUARY 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -24 Page 2 of 2 Introduced by Interim Manager Galstad Requested by Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 02/17/2005 Amended: 02/17/2005 Adopted: 02/17/2005 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -14 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEARS 2006 -2010 WHEREAS, a federal capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community for the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified six main projects to submit to the Alaska Congressional Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The Kodiak Island Borough's top three federal capital improvement project priorities for fiscal years 2006 -2010 are as follows: 1. Kodiak /Kenai Fiber Optic Cable S14,500,000 The construction of a fiber optic cable linking Kodiak with Anchorage and the world would support new economic development in an area where our primary economic sector, commercial fishing, is experience a downturn. The benefits of cable over satellite include greater reliability, secure transmission, and additional capacity to serve the local economy as well as provide a secure and reliable system for the Kodiak's Rocket Launch Facility 2. Kodiak Near Island Research and Administration Facility $4,480,000 Locating a new Alaska Department of Fish and Game building on Near Island and adjacent to its federal counterpart will have many obvious advantages. Information sharing is just one. But the real crux of the justification for this new building is the shortcomings found in the existing ADF &G building as identified in the ASCG "Condition Survey" performed in 2002. In the report it is demonstrated that there is a need for additional space (approximately 60% more), which includes basic lab space. Though the cost of construction of a new facility is estimated to be $8,000,000, the KIB will be requesting through the Exxon Valdez Oil Spill (EVOS) Trustee Council an amount associated with research space only. That space is approximately 56% of the total space of this facility. The estimated cost to repair the existing ADF &G building is projected to be $1.5 million dollars. Even with completion of these improvements, the building does not provide the space needed by the organization. 3. Kodiak Landfill - Lateral Expansion /Close Out of Existing Footprint $6,754,585 The costs to operate and manage a landfill on an island in the North Pacific are substantial. But alternatives are limited. As one of the busiest commercial fishing and processing ports in the nation, having a functioning landfill is a vital piece of infrastructure and important to the focal economy. Construction of the landfill's lateral expansion (Phase 3) is planned to occur in the next few years. Initial preparation for the lateral expansion area began in 1998/1999. It is anticipated that use of the lateral expansion area will occur approximately one year before the existing landfill reaches capacity. The lateral expansion site is a maximum eight -acre cell with an estimated nine to twelve year capacity. It will be constructed immediately east of the existing landfill and utilize some of the existing infrastructure. Kodiak Island Borough, Alaska Resolution No. FY2005 -14 Page 1 of 2 Expansion costs per acre are estimated at $61 ,213 for site preparation and $244,852 for a liner and leachate collection system. Engineering /Design costs are estimated at $306,000. Total capital cost for the projects is estimated to be $6,754,585 for this 8 -acre cell. 4. Anton Larsen Boat Floating Dock $500,000 The Anton Larsen Floating Dock is located 18 miles from town. It is a facility that is heavily used by residents of the communities of Port Lions, and Ouzinkie as well as those living on the island's west side. During the summer it is used by charter boats and sports and commercial fishermen. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock. The potential risk to loss of life and property is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and improve this important facility. 5. Chiniak Tsunami Center Expansion Project $250,000 The community of Chiniak is located almost 40 miles from the City of Kodiak. There is a need for an emergency shelter in time of a crisis. Phase I of the construction of the evacuation center was completed in 1990, but there is a need for an addition to the existing structure. Though designed to be a larger facility, funding for its entire construction never materialized. This funding would complete the design of an addition, as well as upgrade the present water system and backup generator. Presently the shelter also serves a dual purpose acting as the community's library and community center. 6. Womens Bay Emergency Shelter $575,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USGC Support Center. Should there be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or the Womens Mountain site, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to sheltering needs in times of a crisis. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $575,000. Section 2: Kodiak Island Borough, Alaska The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF FEBRUARY 2005 KODIAK ISLAND BOROUGH J rome M. Selby, / lby, Borough Mayo Ju t h Nielsen, Clerk / et dae, Resolution No. FY2005 -14 Page 2 of 2 Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Resolution No. FY2006 -25 Item No. 13.B.3 Authorizing Kodiak Island Borough Participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Summary: This resolution will authorize KIB participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation requires this resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2006 -25. WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint Insurance Association (AMLJIA); and WHEREAS, the AMLJIA provides comprehensive risk management assistance and worker's compensation, liability, and property coverage for the Kodiak Island Borough; and WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide; and WHEREAS, AMLJIA will provide all written program materials necessary and offer assistance to participants; and WHEREAS, pool members that participate in the Loss Control Incentive Program and complete the required activities will have the opportunity to earn a discount on their contribution; and WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its employees, citizens, and the visiting public; and WHEREAS, the Loss Control Incentive Program will enhance such an environment; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH to elect to participate in the AMLJIA Loss Control Incentive Program for the 2006 calendar year. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 KODIAK ISLAND BOROUGH ATTEST: Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -25 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 01/19/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING KODIAK ISLAND BOROUGH PARTICIPATION IN THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION (AMLJIA) LOSS CONTROL INCENTIVE PROGRAM Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -25 Page 1 of 1 3 ) 3 » } E es: {/0 aopd 5 P \ \ « ® c J ,e \ - 0 • L. & 0 j i a � 'b a� A 3 a a o I i a 0 >> o 4) m 4, i V, C o r y e o y>• b ao -- c P, G a an 4)i a C a C o 2 Q 4.v ba 2 1 o o .2' a a ° ° U Q ^ � 0 b G U c p5o b a a s . . 0 o w �a 0 . 0 � a t I a 0 � � a) o N 7 Q•0 3> $4 U p i 2 ~a g-0 b0 a p FU, i1 N oi. 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'CI � � '�1 V 0 . y x y 0 a) 0 bU • U q y t. 2 0 o .. .2 _5 0 0 o. o t pp ti .-1 Q O ;, P ' • P , i. .� C as $ • b c o S a o f o A 8 3 0 �, a, — . 4 a ▪ 0 0 >, d p m bn o m d b a) > o c R. a o 2 * , > 0 T, 7) § 0.0 , E �° ui T 4 o Fes' y '^ Iilli 0 P: 0 o w y 1,, • a 444 5 0 N 8 • O .p `0 d pp p a En' a .. cg eo tb a . :.r o F o 0 - 7 J a a q 8 m 0 a v 2 C o (0) m F a ea Y an a) y� 0 ,'., a) N 0 a) • � 0 tto ^ r, t 1n g 5- p q . § 0 t d O •n I a b 'a 0. °1 `o 2 ° Ea ° 8 5 >>, a 'a' -a E 22 xi; 3 a A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH GRANTING CONCEPTUAL APPROVAL TO THE PROVISIONAL KODIAK ISLAND PRE - HAZARD MITIGATION PLAN FOR THE PURPOSE OF SUBMITTAL TO THE STATE OF ALASKA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT (DHS &EM) AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WHEREAS, The Borough has spent considerable time, effort and resources to determine the seismic vulnerability of all school facilities owned and maintained by the Borough; and WHEREAS, the engineering information developed through these investigations not only identifies the facilities which are most at -risk, but also provides technical justification for potential 75% matching grant funds through the FEMA Pre - Hazard Mitigation Grant Program; and, WHEREAS, to be eligible for the FEMA Pre - Hazard Mitigation Grant Program, the Borough must comply with the requirements of the Disaster Management Act of 2000, which requires that the Borough adopt a multi - jurisdictional Pre - Hazard Mitigation Plan in order to be eligible for project grant funding; and WHEREAS, the Borough has engaged the services of a qualified consultant to develop a Pre - Hazard Mitigation Plan which must be granted conceptual approval as one of the FEMA requirements for plan submittal, and a formal adoption by the Assembly after the review by DHS &EM and FEMA has been completed; and WHEREAS, the Borough is planning to submit a phased planning document intended to obtain FEMA eligibility for the project submittal in the 2006 grant cycle; however, the planning process will continue through 2006 until conclusion to ensure that all Borough communities and all natural and man -made disasters are adequately addressed in the final plan product; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH the Assembly grants conceptual approval to the provisional Phase I submittal of the Kodiak Island Pre - Hazard Mitigation Plan, subject to final adoption after review and approval by the Alaska Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 KODIAK ISLAND BOROUGH ATTEST: Judith A. Nielsen, CMG, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -26 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Community Development Dept. Introduced: 01/19/2006 Adopted: Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -26 Page 1of1 Regular Meeting of January 19, 2006 Federal Emergency Management Agency (FEMA) Pre - Disaster Mitigation Plan Submission to the Alaska Department of Homeland Security. Summary: Kodiak Island Borough AGENDA STATEMENT /3.84 Item No. 1.8.r The Kodiak Island Borough has under contract, a firm to review the ability of our school facilities to withstand seismic ground motion. This work has shown that a number of our educational buildings are in need of reinforcement work. One of the tasks outlined in the existing contract is to prepare an application to the Federal Emergency Management Agency (FEMA) for a Pre - Disaster Mitigation Seismic Project Grant. These applications are being completed by Mr. Ken Goettel of Goettel and Associates, Inc. This funding, if approved, will provide up to 75% of the cost to repair and reinforce our structures. But to be eligible for the award of this money, a FEMA approved "Pre- Disaster Mitigation Plan" must already be approved and in place. At this time the Kodiak Island Borough does not have a pre- disaster mitigation plan in place. The assembly awarded a sole source contract for the completion of a Pre - Disaster Mitigation Plan to Goettel & Associates Inc. To qualify for the Pre - Disaster Mitigation Seismic Project Grants there is an urgent need to complete the planning process as soon as possible. The Alaska Department of Homeland Security requires the local governing body to formally recognize the final plan before the state will consider a formal review. Once approved by the state, the plan will then be reviewed and approved by FEMA. Once FEMA has approved the plan, the final planning document will be forwarded to the Borough Assembly for formal approval which would complete this portion of the process. APPROVAL FOR AGENDA: j e RECOMMENDED MOTION: Move to authorize staff to submit the pre- disaster mitigation plan to the Alaska Department of Homeland Security for approval. Introduced by: Manager Gifford Requested by: Assembly Drafted by: Community Development Dept. Introduced: 01/19/2006 Adopted: KODIAK ISLAND BOROUGH n RESOLUTION NO. FY2006 -26 1 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ALl7HQRJZING CONCEPTUAL APPROVAL TO THE PROVISIONAL KODIAK ISLAND PRE - HAZARD MITIGATION PLAN FOR THE PURPOSE OF SUBMITTAL TO THE STATE OF ALASKA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT (DHS &EM) AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WHEREAS, The Borough has spent considerable time, effort and resources to determine the seismic vulnerability of all school facilities owned and maintained by the Borough; and WHEREAS, the engineering information developed through these investigations not only identifies the facilities which are most at -risk, but also provides technical justification for potential 75% matching grant funds through the FEMA Pre - Hazard Mitigation Grant Program; and, WHEREAS, to be eligible for the FEMA Pre - Hazard Mitigation Grant Program, the Borough must comply with the requirements of the Disaster Management Act of 2000, which requires that the Borough adopt a multi - jurisdictional Pre - Hazard Mitigation Plan in order to be eligible for project grant funding; and WHEREAS, the Borough has engaged the services of a qualified consultant to develop a Pre - Hazard Mitigation Plan which must be granted conceptual approval as one of the FEMA requirements for plan submittal, and a formal adoption by the Assembly after the review by DHS &EM and FEMA has been completed; and WHEREAS, the Borough is planning to submit a phased planning document intended to obtain FEMA eligibility for the project submittal in the 2006 grant cycle; however, the planning process will continue through 2006 until conclusion to ensure that all Borough communities and all natural and man -made disasters are adequately addressed in the final plan product; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH the Assembly grants conceptual approval to the provisional Phase 1 submittal of the Kodiak Island Pre - Hazard Mitigation Plan, subject to final adoption after review and approval by the Alaska Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -26 Page 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -27 Introduced by: Manager Gifford Requested by: Assembly Introduced: 01/19/2006 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPOINTING A GULF OF ALASKA GROUNDFISH RATIONALIZATION TASK FORCE WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are engaged in and substantially dependent upon the Gulf of Alaska (Gulf) groundfish fisheries; and WHEREAS, Kodiak's economic and social health is intimately dependent upon the community's sustained participation in all aspects of Gulf groundfish fisheries; and WHEREAS, the City of Kodiak has made substantial infrastructure investments in support of and in reliance upon the Gulf groundfish fishery, such as water system expansion and improvement and port and harbor expansion and improvement; and WHEREAS, the North Pacific Fishery Management Council has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS, allocating exclusive harvesting and /or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but can also result in skippers, crew members and processing workers bearing the costs of consolidation without fully sharing in the related benefits; and WHEREAS, while rationalization can create opportunities and incentives to produce more and higher value products, it can also change the distribution of fishery revenues among participants by altering the balance of market power between fishermen and processors, with potentially disruptive effects on the communities in which they live; and WHEREAS, by awarding harvesting and /or processing privileges, fishery allocations make possible orderly harvesting and processing, but can also facilitate the migration of landings to communities with infrastructure advantages (such as road system access) and create barriers to entry for later generations of fishery participants; and WHEREAS, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed, and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to implementation; and WHEREAS, it is in the interest of the City of Kodiak and the Kodiak Island Borough to facilitate a full, and frank exchange of information and opinions conceming Gulf groundfish rationalization among the constituencies of the community that will be most directly affected by such program, if adopted, and to facilitate, to the extent possible, development of consensus among those constituencies concerning the preferred elements and options of such program. Kodiak Island Borough Alaska Resolution No. FY2006 -27 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, ASSMEBLY OF THE KODIAK ISLAND BOROUGH that the following individuals are appointed to a City of Kodiak/Kodiak island Borough Gulf groundfish rationalization task force, and these individuals are hereby respectfully requested to accept such appointment: Peter Alan Duncan Fields Matt Moir Dana Reid Joe Sullivan Norm Wooten (Facilitator) NOW, THEREFORE, BE IT FURTHER RESOLVED that: Section 1: Such appointees ia ppointees serve on the task force at the pleasure of the City Council /Kodiak Island Borough Assembly, and that any member may be removed at any time, or the entire task force may be disbanded at any time, as the City Council /Borough Assembly deem appropriate in their sole discretion; and Section 2: That appointment to the Ad Hoc Kodiak Gulf of Alaska groundfish rationalization task force provides no specific rights or authorities other than to make recommendations to the City Council /Borough Assembly concerning Gulf of Alaska groundfish rationalization from time to time, which the City Council /Borough Assembly may accept or reject in their sole discretion; and Section 3: That appointment to the task force is conditioned on the appointees acknowledging and agreeing that service on such Gulf groundfish rationalization task force is voluntary and without any compensation. Section 4: The charge to the Task Force is to bring forward a concensus recommendation for a gulf rationalization solution that works best for the Kodiak community, fishermen and processors and their employees ATTEST: Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough Alaska Julie Bonney Julie /Ron Kavanaugh Theresa Peterson Gabriel Saravia Jay Stinson Steve Branson/Terry Haines Linda Kozak Cecil Ranney Jeff Stephan PC John Whiddon ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Resolution No. FY2006 -27 Page 2 of 2 Regular Meeting of January 19, 2006 Summary: Kodiak Island Borough AGENDA STATEMENT Ordinance No. FY2006 -07 Item No. 13.C.1 Rezoning US Survey 3471 Lot F1 FROM RR -1 Rural Residential One Zoning TO RNC -Rural Neighborhood Commercial. (P &Z Case 03 -020) The purpose of this request is to rezone US Survey 3471 Lot F1 from RR -1 Rural Residential One Zoning District to RNC — Rural Neighborhood Commercial. The property owner of US Survey Lot F1 initiated this request, in accordance with KIBC Section 17.72.030 C. (Manner of initiation), to allow for greater flexibility in the development of the lot. The Planning and Zoning Commission held a public hearing on this request at their December 21st, 2005 regular meeting. The Commission found that this rezone request is appropriate and necessary, and they recommend that the Kodiak Island Borough Assembly approve the rezone. Findings in support of the rezone are included in the attached ordinance. Information considered by the Commission in making their decision is also attached. APPROVAL FOR AGENDA: 4al RECOMMENDED MOTION: Move to adopt Ordinance No. FY 2006 -07 in first reading to advance to public hearing on February 2, 2006. Introduced by: Manager Gifford Requested by: Planning and Zoning Commission Drafted by: Community Development Department Introduced: 01/19/2006 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2006 -07 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING US SURVEY 3471 LOT F1 FROM RR -1 RURAL RESIDENTIALONE ZONING TO RNC -RURAL NEIGHBORHOOD COMMERICAL (P &Z CASE 03 -020) WHEREAS, the petitioner for this rezone has indicated a desire to develop on subject parcel; and WHEREAS, the P & Z Commission held a public hearing on December 21 2005 br this case; and WHEREAS, the Commission finds the rezone request to be generally consistent with the 1987 Chiniak Area Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone US Survey 3471 Lot F1 from RR -1 Rural Residential One Zoning District to RNC — Rural Neighborhood Commercial, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: US Survey 3471 Lot F1 from RR -1 Rural Residential One Zoning District to RNC — Rural Neighborhood Commercial. Section 3: Proposed Effective Clause: Prior to the RNC -Rural Neighborhood zone becoming effective for Lot 1, U.S. Survey 3471, the petitioner shall demonstrate to the KIB Community Development Department that the upper portion of the property has legal and physical access by a driveway that complies with Borough Code. Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The lot is located in an area designated for commercial development in the 1987 Chiniak Area Comprehensive Plan. The Chiniak Post Office use, although contractual, fits well with the narrative description in the plan which describes commercial use areas that support of the needs of Chiniak residents or which are oriented towards recreation and tourism related business. The petitioner has requested the rezone in order to bring the property into conformity with the existing Post Office use and to allow for future commercial use of the site should the Post Office ever be closed or moved. There are no other commercially zoned parcels in the Chiniak community at the present time. The 1987 plan has designated the vicinity of the Chiniak Post Office and "Road's End" to be commercial since adoption, however no prior rezones have ever been processed for Chiniak prior to the two cases initiated in 2003. Other commercial uses in the area tend to fall in the category of nonconforming use or zoning violation. The proposed rezone will not create any nonconforming land uses or structures. Although there appear to be some pre- existing nonconformities on the site, the setback requirements for the RNC -Rural Neighborhood Commercial zone are identical to the setbacks required in the RR1 -Rural Residential One zoning district. Kodiak Island Borough, Alaska Odinance No. FY2006 -07 Page 1 of 2 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial zone provides the best "fit" with the 1987 Chiniak Area Comprehensive Plan, which describes commercial uses in the Chiniak area as follows: The Chiniak Post Office area is also designated on the plan map accompanying the narrative plan description. Based on this information, the proposed rezone would generally support the objectives the 1987 Chiniak Area Comprehensive Plan. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk "Business areas have been identified in areas close to but not in conflict with the designated residential areas. The business areas have been identified for two general types of functions: small local business to serve the Chiniak area, and recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The designated business areas provide somewhat of a buffer between the designated residential areas and the area designated for marine industrial uses. The two locations selected for this planning category are in the vicinity of the existing post office and the "Road's End ". Future business development (other than home occupations) should be located in these two areas, creating "nodes" of development rather than "strip" development." KODIAK ISLAND BOROUGH Kodiak Island Borough. Alaska trdinance No. F12006 -07 Page 2 of 2 APPLICANT: James Van Atta MEMORANDUM DATE: December 9, 2005 TO: Planning and Zoning Commission THROUGH: Mary Myers Ogle, AICP, Director STAFF: Duane Dvorak, Associate Planner FROM: Community Development Department SUBJECT: Information for the December 21, 2005 Regular Meeting CASE: 03 -020 REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Lot 1, US Survey 3471 from RR1 -Rural Residential One to RNC -Rural Neighborhood Commercial. LOCATION: 36158 Chiniak Highway ZONING: RR1 -Rural Residential One Public Hearing Item VI -A Five (5) public hearing notices were mailed on , 2005. Date of site visit: No Site Visit 1. Zoning History: The 1968 Comprehensive Plan did not address this area. 2. Lot Size: 3.39 Acres 3. Existing Land Use: Single - family Residential; Contract Community Post Office 4. Surrounding Land Use and Zoning; North: Lot 2, U.S. Survey 5701 Use: Marine Related Uses and Storage Zoning: C- Conservation South: Unsurveyed Unsubdivided Land Use: Vacant Zoning: C- Conservation East: Lot 2, U.S. Survey 3471 Use: Single - family Residential Zoning: RRI -Rural Residential One Case 03- 020 /Staff Report Revised Updated Page 1 of 7 P & Z: December 21, 2005 West: Unsurveyed Unsubdivided Land Use: Vacant Zoning: C- Conservation Public Hearing Item VI -A 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. The 1987 Chiniak Area Comprehensive Plan designates the rezone area for Business development. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case 03- 020 /Staff Report Revised Updated Page 2 of 7 P & Z: December 21, 2005 COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly - draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. 2. Open Space 3. Access Public Hearing Item VI -A Consistent: Yes. Onsite well and septic systems are required to meet the standards of ADEC. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: N /A. This request does not involve new residential development, but is intended to move existing development towards conformity with the zoning. Should future subdivision be required, this issue will be reviewed with regard to the hazardous lands policy. Case 03- 020 /Staff Report Revised Updated Page 3 oF7 P & Z: December 21, 2005 5. Wetlands Public Hearing Item VI -A Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMMENTS This request was last reviewed by the Planning and Zoning Commission on November 19, 2003. At that meeting, the case was postponed until the Chiniak Area Comprehensive Plan was considered for revision and re- adoption. While several meetings have been held with local Chiniak residents towards that end, the direction of the plan update process changed during the last borough budget cycle to include the Chiniak plan element as part of a larger borough wide planning effort. This had the effect of further delaying the completion of the Chiniak plan because of it's inclusion in a much larger scale planning project. Based on a number of public enquiries relating to rezone requests that have been postponed in the last two years, staff notified the petitioners for these cases in order to determine if they would like to move forward with their request under the current comprehensive plan, continue to wait for a new plan or request a refund. On October 31, 2005, the petitioner in this case requested to resume the case review before the Planning and Zoning Commission based on the 1987 Chiniak Area Comprehensive Plan. The bulk of this staff report is based upon the original staff report presented in November 2003. At that time staff was pre- disposed towards a recommendation of postponement and did not all issues of the site suitability that were presented in the case file. In this current review, staff will provide a more thorough review of the applicable issues for the Commission and ultimately the Assembly's consideration. This request is intended to investigate the rezone of Lot 1, U.S. Survey 3471 from RR1 -Rural Residential One to RNC -Rural Neighborhood Commercial. This request was originally initiated by the property owner as a result of the discussion about the possible rezone of Lot 2, U.S. Survey 4935 and Lot 2 Isthmus Bay Subdivision (Case 03 -010). The Commission postponed action on related case 03 -010 until after the Chiniak Area Comprehensive Plan could be reviewed and perhaps updated. The petitioner's property is located at the west end of Chiniak, near Thumbs -Up Cove. Lot 1, U.S. Survey 3471 has been the location of the Local contract station for the U.S. Postal Service since before the 1987 Chiniak Area Comprehensive Plan was completed. The petitioner desires to have this request considered under the 1987 Chiniak Area Comprehensive Plan, which designates the vicinity of Lot 1 for commercial development. Case 03- 020 /Staff Report Revised Updated Page 4 of 7 P & Z: December 21, 2005 Staff has not made a site visit for this case, relying instead on the submittal of the petitioner and other file information located in the department. The petitioner has submitted a written narrative, however, explaining the reasoning for the request. In addition, the petitioner's packet contains some older as-built information in the form of a preliminary plat (reduction copy) that was produced 15 years ago. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The requested zoning change appears to be generally consistent with the intent and policies of the Chiniak Area Comprehensive Plan (1987). The Chiniak Area Comprehensive Plan identifies two Business Areas and one Business Reserve. The designated Business Areas are located in the vicinity of Road's End and the Chiniak Post Office, which is currently located on Lot 1, U.S. Survey 3471. The Business Reserve Area is designated between Roslyn River and Twin Creeks, geographically central to the Chiniak community, which is spread out in a linear fashion along about six (6) miles of the Chiniak Highway. The plan appears to be based upon the pattem of development existing at the time the plan was adopted prior to 1987. The two Business Areas are located at the extreme ends of the Chiniak planning area. The Business Reserve area is located approximately equal distance from the designated Business Areas, and is physically separated by about Y4 mile from the nearest residential development in existence at the time the plan was adopted. ZONING/USE: The RNC -Rural Neighborhood Commercial district requires a two (2) acre minimum lot area, which can be met by the 3.39 acre area of Lot 1, U.S. Survey 3471. In addition, the list of permitted and conditional uses provides a good fit with the existing use pattern and does not appear to create any nonconforming use or structure situations that are not already pre- existing. The RNC -Rural Neighborhood Commercial district appears to provide the best balance between the use recommendations of the Chiniak Plan and the lot size requirements for onsite well and septic systems in support of commercial and residential uses present on the petitioner's site. LAND SUITABILITY: Public Hearing Item VI -A Lots 1 U.S. Survey 3471 appears to be suitable for the uses currently existing within the proposed rezone area. The Commission may want the petitioners to certify that onsite wells and septic systems are constructed to the appropriate ADEC standards. Of more concern to staff however, is the long winding driweway that loops up to the residential portion of the property. This driveway is located on adjacent land and the preliminary plat information indicated neither driveway slope nor ownership. While there is good access to the contract Post Office building from the Chiniak Highway, the level graded area associated with that use is rather small. The preliminary plat indicates some fairly steep topography behind this building which may or may not preclude the construction of borough compliant driveway. In addition, should the petitioner's desire to place commercial uses in the vicinity of the existing residential enclave, the parking code requires a driveway width of 24 feet to accommodate two -way traffic. At a minimum, staff recommends an effective clause to Case 03- 020 /Staff Report Revised Updated Page 5 of 7 P & Z: December 21, 2005 require the property owner to demonstrate legal as well as physical access to the upper portion of the property that is capable of sustaining a commercial access drive should new commercial development be proposed in the higher elevations of Lot 1. In addition, it may also be prudent to have the petitioner provide a driveway plan showing that a driveway can be constructed (either in an easement or located on the site, that can meet the driveway slope requirements of the Borough Code. RECENT DEVELOPMENT TRENDS IN THE AREA: Other than the winery and associated gift shop that were the focus of Case 03 -010, it appears that new residential uses are the only recent development trend in the Chiniak area. Other trends may be observed by residents and landowners with more intimate knowledge of the area. There are a number of grandfathered (nonconforming) uses in the area that are still being operated such as the bakery operated in Chiniak that was grandfathered on a residential lot. Staff does not have much current information on the status of these grandfathered uses, however. TRAFFIC IMPACTS: It would appear that the traffic impacts of the postal station and the single - family residence are already existing and that the change of zoning in and of itself will not affect this. Future development or expansion of uses under the RNC zoning district may result in an increase in traffic, however, the property has direct access to the Chiniak Highway which is classified as a major arterial/highway and can be expected to handle much greater traffic than it currently experiences. Staff recommends that the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to one effective clause to provide additional driveway access information. Move to approve Case 03 -020, a rezone investigation in accordance with KIBC 17.72.030 (Manner of Initiation), of Lot 1, US Survey 3471 from RR1 -Rural Residential One to RNC -Rural Neighborhood Commercial, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval subject to one effective clause, and to adopt the findings contained in this staff report in support of this recommendation. Proposed Effective Clause: Case 03- 020 /Staff Report Revised Updated RECOMMENDATION APPROPRIATE MOTION Public Hearing Item VI -A 1. Prior to the RNC -Rural Neighborhood zone becoming effective for Lot 1, U.S. Survey 3471, the petitioner shall demonstrate to the KIB Community Development Department that the upper portion of the property has legal and physical access by a driveway that complies with Borough Code. Page 6 of 7 P & Z: December 21, 2005 Findings: Public Hearing Item VI -A 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The lot is located in an area designated for commercial development in the 1987 Chiniak Area Comprehensive Plan The Chiniak Post Office use, although contractual, fits well with the narrative description in the plan which describes commercial use areas that support of the needs of Chiniak residents or which are oriented towards recreation and tourism related business. The petitioner has requested the rezone in order to bring the property into conformity with the existing Post Office use and to allow for future commercial use of the site should the Post Office ever be closed or moved. There are no other commercially zoned parcels in the Chiniak community at the present time. The 1987 plan has designated the vicinity of the Chiniak Post Office and "Road's End" to be commercial since adoption, however no prior rezones have ever been processed for Chiniak prior to the two cases initiated in 2003. Other commercial uses in the area tend to fall in the category of nonconforming use or zoning violation. The proposed rezone will not create any nonconforming land uses or structures. Although there appear to be some pre- existing nonconformities on the site, the setback requirements for the RNC -Rural Neighborhood Commercial zone are identical to the setbacks required in the RR1- Rural Residential One zoning district. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial zone provides the best "fit" with the 1987 Chiniak Area Comprehensive Plan, which describes commercial uses in the Chiniak area as follows: "Business areas have been identified in areas close to but not in conflict with the designated residential areas. The business areas have been identified for two general types of functions: small local business to serve the Chiniak area, and recreation/tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The designated business areas provide somewhat of a buffer between the designated residential areas and the area designated for marine industrial uses. The two locations selected for this planning category are in the vicinity of the existing post office and the "Road's End ". Future business development (other than home occupations) should be located in these two areas, creating "nodes" of development rather than "strip" development." The Chiniak Post Office area is also designated on the plan map accompanying the narrative plan description. Based on this information, the proposed rezone would generally support the objectives the 1987 Chiniak Area Comprehensive Plan. Case 03- 020 /Staff Report Revised Updated Page 7 of 7 P & Z: December 21, 2005 Current Zoning P & Z Case # 03 -020 James Van Atta Legend Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential erg Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 idential 2 Split -Lot Zone Subject Parcel Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour Infonnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale Is 1:93,350 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel Information Is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. map � 0 R IV. {'t 1 �sv.. ____,,, -- N d / ,e0,44, / � ` 1 : i 1 1 ICS _ .. . — . Iln .--r' - _u3 — 11 0 E IC I 1 1 1: 1 , 1 ; 140 - L4 * 16o NOV )';,?Q03 _ COMMUNITY DEVELOPMENT DEPARTMENT Are 'Play SS 3V7/ fo F r igs r1 1 . -� 2.17 AuzEt i `_.1 1 \ use. 1 S A P • ^ 1 g bee e g•ey. � et ye' vi G3 xA K rascr III 0 0. 01 uN d u ss 3 11 1 - 1 • Lo �� QLed� :go e fro / 0 4s ma s d 43 /4 b e en Se / o z %o,< 4 iro P / e b-awn 'v7 io i a ,� j B, r/i�s c✓b1s -- -� 0. o f /erwr /5d yes ay o 1-7) C I � ,�-� 14-42 / to � /B ,�.�� /� �a l.� Z ac /e b<rsiness /a . ac (a � wlf /Z a w ove Act (4 !o POMP 5I'4 4,-7 ✓� 2 14 e / /,dew r -to not be . u � /off am) 4 ca/reict rif ve be ak n b�ee✓1 a / fi1.s �s 'An a.f/P /cle 44 2 lei f h, (/ C1 v1 R _s" a Li° n ( - A 0 7 enis fO . c reshien'fl4( -�1/1oNCl✓l r ` se Z onr/1q sec � /e 1y �-E-c.c C�NP J /11E'e rf� ul/YHtPN'fS 74, IpT c,jo�11 :: �2 1e4 ie oRNoOD (o431-4E/Zc/4L N co 1 1 1 1 1 1 1 1 1 1 /0 . 7(/9NN ,M - d:;12n 0» / /l6 2a • COST fr/r ONE FL A Soaa) DecE h8E2 200 5 Pc/ N,A v- 2onunYUG Cam a1(SS /6 Ai hand. pie LA/ere t fn LE i il - 5 1 200 t� COMMUNITY DEVELOPMENT DEPARTMEI f (-1,4Qc inly RE - Zo cue ,45 , ea5 L CAS OA) FZS i A S "T14 S K 9 u a, TO isdk 5 CIPP4« 9967-r ( 7 ) y g 6 - 0 8 38 WI IL p EE6lOWE Nov 7 2003 ! 1 COMMUNITY DEVELOPMENT DEPARTMENT I I k To: Kodiak Island Borough and the residents of Chiniak James S. Van Atta PO Box 5656 Chiniak, AK 99615 (907) 486 -0838 November 1, 2003 I am requesting a zoning change of my property, Lot 1 of US Survey 3471, from Rural Residential 1 to Rural Neighborhood Commercial. This is the 3.39 acre lot that both my home and the Chiniak Post Office are located on. I have no plans for changing the use of the property or the buildings but I would like to get the zoning change to have the property zoning match its current usage. I also want to protect my right to use the post office building for some other enterprise if the U.S. Postal Service were to close the Community Post Office as part of a cost saving initiative. (To my knowledge no such closure is currently planned.) The Chiniak Post Office is not owned by, or leased to, the U.S. Postal Service. I own the building and lot and I am paid to provide mail services specified in a contract. The Postal Service does not control the use of the building other than its usage cannot conflict with the terms of my contract to provide mail service. In the past my wife used the building as an art studio and sold her artwork from the building. It is my understanding that this usage did not comply with its RR1 zoning since the building is not attached to my home as required for a cottage industry. To my knowledge there were no complaints to the borough for this 'commercial' use of the property. If in the future I were to choose to sell something other than postal services, I would like to be able to do so without violating zoning ordinances. The Chiniak Area Comprehensive Plan of May 1987 identifies the area in the vicinity of the post office as a business area. The plan states, "Future business development (other than home occupations) should be located in these two areas, (the other is Road's End), creating "nodes" of development rather than "strip" development." Even though the plan calls for business usage of the property the lot has always been zoned RR1. I would like to have this changed so that the zoning of the lot matches the desires of the comprehensive plan and the property's usage. understand that the comprehensive plan may be reviewed in the near future. In order to continue to operate the post office in compliance with zoning, I would like to have Lot 1 of USS 3471 zoned as Rural Neighborhood Commercial. I request the zoning change be made either prior to, or protected from, in any revisions to the Chiniak Comprehensive Plan. Thank you, James S. Van Atta Commissioners Present Absent Excused Others Present Jerrol Friend — Chair X Mary Ogle, Director David King X Community Development Dept. Casey Janz X Sheila Smith, Secretary Gary Carver X Dennis McMurry X Brent Watkins X Vacant KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 21, 2005 MINUTES I. CALL TO ORDER II. ROLL CALL V. AUDIENCE COMMENTS P & Z Meeting Minutes The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on December 21, 2005 in the Borough Assembly Chambers. A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINGS, and CARRIED 5- 0. IV. APPROVAL OF MINUTES COMMISSIONER KING MOVED TO APPROVE the minutes of November 16, 2005. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5 -0. VI. PUBLIC HEARINGS A. Case 03 -020. Request for a rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation), of United States Survey 3471 Lot Fl, from RR1- Rural Residential One to RNC -Rural Neighborhood Commercial. This case was postponed at the November 19, 2003 Regular Meeting of the Planning & Zoning Commission. Located at 36158 Chiniak Highway and zoned RR1- Rural Residential One. Staff reported (5) public hearing notices were distributed for this case on November 17, 2005. Staff recommends the Commission forward this request to the Kodiak Island Borough Assembly with a recommendation for December 21, 2005 Page 1 of 10 P & Z Meeting Minutes approval, subject to one effective clause to provide additional driveway access information. COMMISSIONER JANZ MOTIONED TO APPROVE Case 03 -020, a rezone investigation in accordance with KIBC 17.72.030 (Manner of Initiation), of Lot 1, US Survey 3471 from RR1 -Rural Residential One to RNC -Rural Neighborhood Commercial, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval subject to one effective clause, and to adopt the findings contained in this staff report in support of this recommendation. COMMISSIONER ICING SECONDED the motion. Regular session closed: Public hearing open: James Van Atta spoke in favor of his request. Public hearing closed: Regular session open: PROPOSED EFFECTIVE CLAUSE 1. Prior to the RNC -Rural Neighborhood zone becoming effective for Lot 1, U.S. Survey 3471, the petitioner shall demonstrate to the KIB Community Development Department that the upper portion of the property has legal and physical access by a driveway that complies with Borough Code. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The lot is located in an area designated for commercial development in the 1987 Chiniak Area Comprehensive Plan. The Chiniak Post Office use, although contractual, fits well with the narrative description in the plan which describes commercial use areas that support of the needs of Chiniak residents or which are oriented towards recreation and tourism related business. The petitioner has requested the rezone in order to bring the property into conformity with the existing Post Office use and to allow for future commercial use of the site should the Post Office ever be closed or moved. There are no other commercially zoned parcels in the Chiniak community at the present time. The 1987 plan has designated the vicinity of the Chiniak Post Office and "Road's End" to be commercial since adoption, however no prior rezones have ever been processed for Chiniak prior to the two cases initiated in 2003. Other commercial uses in the area tend to fall in the category of nonconforming use or zoning violation. The proposed rezone will not create any nonconforming land uses or structures. Although there appear to be some pre- existing nonconformities on the site, the setback requirements for the RNC -Rural Neighborhood December 21, 2005 Page 2 of 10 -1 1 . - - . 1 es or a rezone, in accor. ance United States Survey 3099, Lot 5C, and unsubdivided portions of s Survey 3099 Lot 6A, Lot 6B, and Lot 6C from R -1 Single tial to RB- Retail Business. The location is USS 3099 e Road; Lot 6B, 2571 Spruce Cape Road; an it is zoned R -1 Single Family Residen re were (62) publi There was a qu that sked st 1 estion .' it • • � : d tte e Re Spruc Off Roa va P & Z Meeting Minutes Commercial zone are identical to the setbacks required in the RRl -Rural Residential One zoning district. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial zone provides the best "fit" with the 1987 Chiniak Area Comprehensive Plan, which describes commercial uses in the Chiniak area as follows: "Business areas have been identified in areas close to but not in conflict with the designated residential areas. The business areas have been identified for two general types of functions: small local business to serve the Chiniak area, and recreation/tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The designated business areas provide somewhat of a buffer between the designated residential areas and the area designated for marine industrial uses. The two locations selected for this planning category are in the vicinity of the existing post office and the "Road's End ". Future business development (other than home occupations) should be located in these two areas, creating "nodes" of development rather than "strip" development." The Chiniak Post Office area is also designated on the plan map accompanying the narrative plan description. Based on this information, the proposed rezone would generally support the objectives the 1987 Chiniak Area Comprehensive Plan. The question was called, and it CARRIED 5 -0. Staff indicat November 18, that were sent and adjoining property ow against the previous Case included in this packet. Un confusion with a coup11 which we have sub 006, and then th the files and into ano issue to you t vious case 06 -0 ears some letters . ne. There were one or rmation that staff had pr . usiness zoned land. This information wa s sment rolls, and these are parcels that have a b are vacant. Staff recommends that the Commission December 21, 2005 , 2552 , 650 Cut- c hearing were distributed on u t he Public Hearing Notices was ' ded in the packet. One of the see all the letters in support and made copies and asked they be 06 -005 there also seems to be some being included in the current packet With this case, the next case 06- y people were looking through were out of one case file and put two th.. ._included tonight. Another esented in . `' k hibit illustrating all from the suse designation that this rezone Page 3of10 Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.D // Resignation of Fire Protection Area No. 1 Board Member. Summary: David A. Billings submitted his resignation from the Fire Protection Area No. 1 Board effective December 20, 2005. KIBC 4.15.040 Vacancies A. Vacancies on service area boards, other than by expiration of the member's term, are created when. 3. a member submits a resignation accepted by the assembly. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to accept, with regret, the resignation of David A. Billings from the Fire Protection Area No. 1 Board with a term to expire October 2006 and direct the Clerk to advertise the vacancy per Borough code. To the Board members of Bayside Fire Protection District 1: Thank you, David Billings - gEC CEOWE I D BOROUGH CLERK'S OFFICE On this date, 20 December 2005, I, David A. Billings do hereby resign my seat on the board. It is a purely personal decision that in no way reflects on the personnel or actions of the board. It was an honor to be elected to the board and a privilege to work with the members of Bayside Fire Department. Name Greg Spalinger, Vice -chair 2008 4149 Ocean Drive P.O. Box 2635 Kodiak, AK 99615 KODIAK ISLAND BOROUGH Scott Arndt 2007 481 -3745 486 -3745 P.O. Box 76 Kodiak, AK 99615 Dave Billings 2006 486 -4464 486 -8040 3549 Harlequin Kodiak, AK 99615 Cliff Davidson 2006 486 -4858 486 -5940 1802 Marmot Drive P.O. Box 746 Kodiak, AK 99615 Mike Dolph 2008 486 -5833 326 Plover Way Kodiak, AK 99615 Bayside Assistant Chief (ex- officio /non- voting) 486 -4536 Robert Nimes 486 -3025 Bayside Fire Station 4606 Rezanof East Kodiak, AK 99615 Staff: Jessica Kepley Revision date: 12/22/2005 Revised by nj Term Home Phone Work Phone Email 486 -8366 486 -3725 486 -9343 jkepley @kib.co.kodiak.ak.us 486 -9394 Fax 01 -18 -2006 11:24am From - KODIAK CLERKS OFFICE +8074861660 T -513 P.001/001 F -816 y 8 6- 9 DECEBVE ti 11 JAN 1 8 2006 BOROUGH CLERK'S OFFICE iY - Kf 13 ,. % )fc-a_j $ , Q}Ltg. (Vio '4o5 Regular Meeting of January 19, 2006 Appointment to the Bay View Road Service Area Board. Summary: Kodiak Island Borough AGENDA STATEMENT Item No. 13.D ./A/ The Bay View Road Service Area Board met on December 22, 2005 and recommended the appointment of Ms. Gale Hagemeyer to the vacant seat to expire October 2007. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to appoint Gale Hagemeyer to a seat on the Bay View Road Service Area Board for a term to expire October 2007. P.g.O.. Q rt!]H .10:59 Read. E.Oawe. I 11/30/2005 11:08 907 -486 -9391 BOARD APPLICATION NAME: Gel /t Tfitgeine y 'e y HOME PHONE: (/ WORK PHONE: W6 -1600 E -MAIL: _ STREET ADDRESS: So/ c I3a , J z» MAILING ADDRESS: ± 0 ag -75O )Co di i k p K QQCt/C 3 IN ALASKA: .s3 cio incs YES QQQ NO O O vw..2..t/ QQc/ S,C. s .r . e mod , / yl _ a /Y � LENGTH OF RESIDENCE IN KODIAK: 3 ARE YOU A REGISTERED VOTER IN KODIAK ? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: 0 ...t.t cQ a . PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARDS) (List in order of preference) Road 1. fy jjelO Service. Ais- 4-rict 2. 3. 4. Si gnature — OC —� ° —✓ Date A resume or letter of interest may be attached, but is not required. Plo4 c return the application by the ad : rased deadline, BOROUGH CLERK 406 4514 KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen @kib.co.kodiak.ak.us This application will be kept on file for one year. ,� A / •STIFF tISS ONLY• •. net ID W V entea Sy "VA* Occont4MatioN nppicares Ma4elns. Ca y Dits Aap..Nea: r 114D4ee.n eawnesa,. Pp000en'ent Letter p 04 a �1lwa: MISS Dbplosun: P. 01 VCEIVE DEC 5 2005 P BOROUGHaERWS.OEEJCE I Name KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email Dawn Black, Corres. Sec. 2007 486 -4666 486 -5516 3201 Bay View Drive P.O. Box 1912 Kodiak, AK 99615 486- 3818(fax) Reed Oswalt 2008 486 -4486 3601 Bay View Drive 486- 4514(fax) P.O. Box 722 Kodiak, AK 99615 Fred Roberts 2006 486 -5571 486 -2001 1760 Monashka Circle P.O. Box 8530 Kodiak, AK 99615 Jim Schauff 2006 486 -4412 486 -4412 kkschauff @gci.net 3446 Bay View Drive P.O. Box 8150 Kodiak, AK 99615 Vacant 2007 Revision date: 12/22/2005 Revised by nj Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.043 Appointment to Womens Bay Service Area Board. Summary: The Assembly declared this seat vacant on October 6, 2005 and the vacancy has been duly advertised. The Womens Bay Service Area Board has submitted their recommendation to appoint Craig Breitung to the vacant seat to expire December 31, 2007. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: 3. a member submits a resignation accepted by the assembly; B. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. C. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. D. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to appoint Craig Breitung to a seat on the Womens Bay Service Area Board for a term to expire December 31, 2007. NAME: e rGt1 S .g. fe('j'Ut1 �,r HOME PHONE: 7 - /777 WORK PHONE: 7 - *179 E -MAIL: k) re/ 7 9 calf Nt f Y STREET ADDRESS: 1 H Kr w0 y✓lo.tn S 6 > MAILING ADDRESS: 6`G w`€____ LENGTH OF RESIDENCE IN KODIAK: 5 �L ARE YOU A REGISTERED VOTER IN KODIAK ? YES 09 ARE YOU A PROPERTY OWNER IN KODIAK? YES (k COMMUNITY ACTIVITIES: IC el ,Spat f�S AREA OF EXPERTISE AND /OR EDUCATION: l ( a� I AI tJ�'h AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) ( 1. d€Ks C Ser✓i LC ry(du.307L4 . 3. 4. Signature KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL :jnielsen @kib.co.kodiak.ak.us BOARD APPLICATION Date /7 — 9 0 ) IN ALASKA: S / 1/4 NO() NO() A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified By: V Applicant's Residence; Borough ity ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY • Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: C E IV /� PROFESSIONAL ACTIVITIES: 1 `�-/ r ( � pED ( � 200 BOROUGH CLERK'S OFFICE NAME: e rGt1 S .g. fe('j'Ut1 �,r HOME PHONE: 7 - /777 WORK PHONE: 7 - *179 E -MAIL: k) re/ 7 9 calf Nt f Y STREET ADDRESS: 1 H Kr w0 y✓lo.tn S 6 > MAILING ADDRESS: 6`G w`€____ LENGTH OF RESIDENCE IN KODIAK: 5 �L ARE YOU A REGISTERED VOTER IN KODIAK ? YES 09 ARE YOU A PROPERTY OWNER IN KODIAK? YES (k COMMUNITY ACTIVITIES: IC el ,Spat f�S AREA OF EXPERTISE AND /OR EDUCATION: l ( a� I AI tJ�'h AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) ( 1. d€Ks C Ser✓i LC ry(du.307L4 . 3. 4. Signature KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL :jnielsen @kib.co.kodiak.ak.us BOARD APPLICATION Date /7 — 9 0 ) IN ALASKA: S / 1/4 NO() NO() A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified By: V Applicant's Residence; Borough ity ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY • Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: To: Kodiak Island Borough Clerk From: Womens Bay Service District Board Date: December 19, 2005 Re: Womens Bay Service District Member MEMO ,NL, At our meeting Monday night, December 19, 2005, the Womens Bay Service District Board voted to recommend that the vacant position be filled by Craig Breighton. The applicant was in attendance. Name KODIAK ISLAND BOROUGH Term Home Phone Work Phone Chris Lynch, Chair 2006 487 -2244 11175 Lake Orbin Drive Kodiak, AK 99615 David G. Conrad 2007 487 -2782 487 -4991 x 126 101 Otter Avenue P.O. Box 3663 Kodiak, AK 99615 Edward Gondek 2006 487 -2507 13006 Noch 487- 2596(fax) P.O. Box 1412 Kodiak, AK 99615 Scott Griffin 2008 487 -4034 597 Sargent Creek Road Kodiak, AK 99615 John Isadore 2008 487 -2876 487 -5339 11102 Alitak PO Box 33 Kodiak, AK 99615 Spencer Schaeffer 2008 487 -2765 841 Sargent Creek Road P. O. Box 2133 Kodiak, AK 99615 VACANT 2007 Dale Rice, Womens Bay Fire Chief Ex- officio /non - voting Womens Bay Fire Hall 538 Sargent Creek Road Kodiak, AK 99615 Revision date: 12/22/2005 Revised by: nj 487 -2589 487 -4312 487 -4312 Email Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Item No.13.D /5) Appointment to the Parks and Recreation Committee. Summary: Mr. Andy Schroeder submitted his application on December 16, 2005. There are currently two seats vacant on the board with terms to expire December 31, 2007. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Andy Schroeder to a seat on the Parks and Recreation Committee for a term to expire December 31, 2007. BOARD APPLICATION NAME: AV 5&tRo1 HOME PHONE: ( — /7 Z/ WORK PHONE: S - / q E -MAIL: STREET ADDRESS: -_ 2 267 Rc s7 - AZ. MAILING ADDRESS: PO 30X -o) / LENGTH OF RESIDENCE IN KODIAK: t0 �� 2S IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK ? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: 6 TC/IM PROFESSIONAL ACTIVITIES: Q w r i52, y C,\S ('t -FF\ t - c�(2S c€ ;cc-Nei-4 Mtr\ kicu6 S - er+2. Coq c lc..r}P/" cc-Fr cse, AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. Q -kS ccre- v4T 3. t (u / US Signs ure Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified By: Applicant's Residence; B Date Appointed: Term Expires on: Comments: City( ) KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLE 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL:jnielsen @kib.co.kodiak.ak 2. 4. - STAFF USE ONLY - YES (4 YES (✓( RS - ousgNI'&& -' , USc G,j Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: tc DEC 6 2005 BOROUGH CLERK'S OFFICE 0 ckroc,:ed@ nC± NO() NO() Name Kevin Foster PO Box 3693 Kodiak, AK 99615 KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2008 486 -0283 Mike Sirofchuck 2008 486 -6498 481 -2578 PO Box 970 Kodiak, AK 99615 Jeff Huntley 2006 486 -4013 486 -7620 1015 Pine Cresent Kodiak, AK 99615 Patrick Saltonstall 2006 486 -2634 486 -7004 P.O. Box 3553 Kodiak, AK 99615 Hans Tschersich 2006 486 -5648 486 -9521 1423 Baranof Street Kodiak, AK 99615 Pam Foreman 2007 486 -2588 486 -4782 1637 Three Sisters Way Kodiak, AK 99615 Murphy Forner 2007 486 -3396 487 -4363 PO Box 3924 Kodiak, AK 99615 Vacant 2007 Vacant 2007 Barbara Williams (Assembly Rep, non - voting) 486 -6187 snoskwrl @gci.net P.O. Box 4146 Kodiak, AK 99615 Wayne Biessel (State Rep, non-voting) SR 3800 Kodiak, AK 99615 Ian Fulp (City Parks & Rec, non - voting) 410 Cedar St Kodiak, AK 99615 Revision date: 12/22/2005 Revised by nj 486 -6339 486 -8670 Email fosterm a ri n e @gci. n et v34 @gci.net Betty Odell ( School Bd & Student Rep, non - voting) 486 -5597 eodell @ptialaska.net PO Box 5589 Kodiak, AK 99615 Staff: Mary Ogle, Community Development Director 486 -9363 mogle @kib.co.kodiak.ak.us Sheila Smith, Community Development Secretary 486 -9363 ssmith @kib.co.kodiak.ak.us Regular Meeting of January 19, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 13.D /jam Confirmation of Mayoral Appointment to the Personnel Advisory Board. Summary: Ms. Brenda M. Zawacki submitted her application on December 16, 2005. There are currently two seats vacant on the Personnel Advisory Board. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Brenda M. Zawacki to a seat on the Personnel Advisory Board for a term to expire December 31, 2008. 12/15/2005 17:12 9074869577 NAME: R t - Lo., ,Ana Z -.nwar 4.", HOME PHONE: — 1-1.-kgp t„ WORK PHONE: („ - 4c,SP, E -MAIL: 7n. .w k e. r 4144 STREET ADDRESS: fk?q Y „ r �, C non MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: \ \) nss%rem ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: \}, , AREA OF EXPERTISE AND /OR EDUCATION: Arued14-.1 t \ \s. r-e_. 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 3. 4. Signature Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the a vertised deadline. Voter lO No Vatted ey: Applicants Reeloeret Bo Date Appallb: Term Espir.a on Comments: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLE 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen @kib.co.kodiak.a BOARD APPLICATION 2. • STAFF USE ONLY - PKIMC HR YES k) NO( ) YES (a( NO ( ) PAGE 02 IN ALASKA: \ Documentation: Appohumlm Lener Roster: Oeth of Me: Fimnclal Disclosure: Name KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email Susan Eoff 2006 487 -2301 486 -8111 (H)eoff @ptialaska.net 1254 Sargent Creek Rd. (W)Susane @kiha.org Kodiak, AK 99615 Pam Foreman 2007 486 -2588 486 -4782 pam @kodiak.org 1637 Three Sisters Way Kodiak, AK 99615 William "Bill" King 2008 486 -4567 487 -4382 theKings @gci.net 285 Lilly Drive, Unit A Kodiak, AK 99615 Vacant 2007 Vacant 2008 Staff: Lauri Whiddon, Administrative Assistant Revision date: 12/22/2005 Revised by. nj 486 -9301 Iwhiddon @kib.co.kodiak.ak.us Minutes Architectural Review Board 13 September 2005 7:OOpm KFRC Conference Room C. Approval of Agenda The Agenda was accepted and approved D. Approval of Minutes \\ dove \Departments \EF \Architectural Review Board \Minutes ARE 13 Sept 2005.doc Page 1 of 3 Oi C EOW DEC 2 3 2005 BOROUGH CLERK'S OFFICE - 1 A. Call to Order Chairman Scott Arndt called the meeting to order at 7:02pm. B. Roll Call Present were: Board Members Scott Arndt, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Jerrol Friend. Also in attendance were Robert Tucker, Norm Wooten, David Horne [KIBSD] and Jim Willis. In attendance from the KIB E/F Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. The Chair asked that a motion be made to approve the Minutes from 29 March 2005 - it was moved and seconded to approve the Minutes as received. There was an affirmative unanimous voice vote. E. Presentation of Updates on Hospital Master Plan and Seismic Vulnerability Assessment Projects B. Cassidy gave a brief update on the Master Plan for PKIMC. He said that Prochaska & Associates had spent time in Kodiak gathering information and interviewing locally and a report had been generated with recommendations. K. Smith continued with a slide presentation showing the Hospital complex as it exists and offering two different options as design possibilities. Next K. Smith presented a slide report prepared by G &E showing progress and preliminary findings re seismic valuation of Kodiak schools. It was noted that the G &E team will be in town the w/o 9/19/05 to continue their investigation of schools. They will tour all of the Village schools and update the E/F Department as to progress to date. ' _�..r- � q i� 1 I '.I ;it F. Review and ing of Proposals - New Pool Facility B. Cassidy tot the group that he was pleased with the high quality of the roposals received and that the Board would be ., taeked',watsh,n iewing and scoring the Proposals and deciding The short listed firms would then be invited to be interviewed by the Board. Jay Johnston questioned the number of firms to make up the short list - three? B. Cassidy suggested that once the scoring is done, a natural break point will frequently occur - so the number could be only two [or more] and that would be a Board decision. The Chair suggested that this particular selection [for the firm to head up the Pool Project] could be an important decision because the same firm might also go on to handle other Bond Projects. The Chair suggested the g oup come back together again next week - giving everyone add' ional time to read and review the Proposals. An earlier iscussion had set Monday, 19 September 2005, 7:OOpm in the KFRC room as the next meeting date. At the next meeting the Proposals will be reviewed as a group and scored, leading to a short list of firms to be interviewed. G. Public Comments J. Willis asked for clarification re information presented on the Hospital Master Plan. H. Scheduling of Next Meeting Next meeting date scheduled earlier in the meeting for 19 September 2005 at 7.O0pm in the KFRC conference room. I. Board Member Comments With the exception of Jay Johnston who said these were good proposals - and he may have already selected his two contenders - and everyone will need to spend a fair amount of time to properly review the proposals, there were no Board Member comments. \\ dove \Departments \EF \Architectural Review Board \Minutes ARE 13 Sept 2005.doc Page 2 of 3 J. Adjournment There being no further business before the Board, the meeting was adjourned at 7:50pm. Respectfully submitted: KIB Engineering /Facilities Del. Sharon Lea re fi, ecretar Approved by: Cron Scott Arndt, Chair Architectural Review Board Date: Date: /2- 2/ - 2005 \\ dove \Departments \EF \Architectural Review Board \Minutes ARB 13 Sept 2005.doc Page 3 of 3 I. CALL TO ORDER II. The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on November 16, 2005 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Jerrol Friend — Chair David King Casey Janz Gary Carver Dennis McMurry Brent Watkins Vacant A quorum was established. III APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 5 -0. IV. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO ACCEPT the October 19 P &Z minutes as submitted. The motion was SECONDED by COMMISSIONER KING, and CARRIED 5 -0. V. AUDIENCE COMMENTS AND APPEARNACE REQUESTS James Van Atta asked the Commission if and when there would be a site visit by the Commission. His concern stemmed from the case being postponed in 2003 because there hadn't been a site visit. Van Atta also inquired about the Draft Amendment of Transient Accommodations and the definitions. He would like to have the option to serve his clients a lunch instead of breakfast. John Miller came to give an update on the Chiniak Comp Plan Steering Committee. He expects that the Borough has received their information along with the community input and he hopes this information will be considered for the new plan. The Chiniak Steering Committee is also contemplating participating in the Village Rural Forum since Chiniak is a village. Miller also stated as an individual landowner he supports Jim Van Atta's request. Joanne Brody spoke in support of the Chiniak Comp Plan Steering Committee. P & Z Meeting Minutes: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING NOVEMBER 16, 20 MINUTES X X X X X Excused Absent Others Present Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. X ZECEIVE 0 DEC 2 8 2005 BOROUGH CLERK'S OFFICE D November 16, 2005 Page 1 of 7 VI. PUBLIC HEARINGS A. Case 06 -001. A request for Commission review and approval of a screening plan preparatory to the development of Lakeside Subdivision r Addition Lot 1C, located at 2430 Beaver Lake Drive, in accordance with KIBC 17.24.060 G — Screening. Zoned I — Industrial. Ogle stated 47 public hearing notices were distributed on October 11, 2005. This request was brought forward by the applicant in anticipation of a proposed use of the property as a milling site for raw lumber products. As part of the requirements for the ordinance, he is required to do a screening plan review before the Planning & Zoning Commission as well as to indicate conformance with the performance standards. Staff recommends working with the applicant if he were here tonight to address how he will meet certain performance standards being noise, odor, dust, smoke, and screening. He has indicated he would put an 8 foot tall wooden fence on the property line outside the right of way, but he hasn't indicated how he will address the noise, dust, odor, or smoke concerns. The options are trying to anticipate some issues that would arise from the neighbors and place those conditions on this review or you could elect to continue this for a month and wait until the applicant is present to have an open discussion with him. A brief discussion on the issues. COMMISSIONER JANZ MOVED TO APPROVE the applicant's screening and development plan relative to the installation of a portable sawmill to be located on Lot 1C Lakeside Subdivision 2 Addition, subject to the specific performance standards of KIBC 17.24, further clarified below as Findings for Case No. 06 -001 COMMISSIONER KING SECONDED the motion. FINDINGS Relative KIBC 17/4.060 Performance Standards [A] The specific criteria related to 17.24.060 A — Noise shall be adhered to. [B] The specific criteria related to 17.24.060 B — Lighting shall be adhered to. [C] The specific criteria related to 17.24.060 C — Fire & Safety Hazards shall be adhered to. [D] The specific criteria related to 17.24.060 D — Odor shall be adhered to. [E] The specific criteria related to 17.24.060 E — Dust & Smoke shall be adhered to. [F] The specific criteria related to 17.24.060 F — Open Storage shall be adhered to. [G] The specific criteria related to 17.24.060 G — Screening, as approved by this Commission, shall be adhered to. Regular session closed: Public hearing open: Public hearing closed: Regular session open: After a brief discussion, it was the consensus of the commission there are too many unanswered questions and they would like more information. P & Z Meeting Minutes: November 16, 2005 Page 2 of 7 Ogle stated that Condition B, C, and F can be handled through the Zoning Compliance application review being lighting, fire, safety hazards, and open storage. COMMISSIONER CARVER MOTIONED TO POSTPONE this case until the December 21 regular meeting. COMMISSIONER KING SECONDED the motion. The commission requested the applicant address directly the performance standards and provide more information on his request. The question was called, and it CARRIED 5 -0. VII. OLD BUSINESS A. Case S02 -009. Request to extend the compliance deadline in Condition of Approval #2 from November 18, 2005 to January 20, 2006. Ogle stated she believes the commission is aware of this subdivision and this condition. It came before the commission several months ago for a three month extension in order for the property owner to complete the conversion of the barn structure under single family residence. Because of personal reasons he wasn't able to meet the condition and requests another extension until January 20, 2006 COMMISSIONER CARVER MOVED TO APPROVE the amendment of preliminary plat approval for Case S02 -009, to extend the compliance date set forth in Condition of Approval #2 until January 20, 2005. COMMISSIONER KING SECONDED motion, and it CARRIED 5 -0. CONDITION OF APPROVAL (as amended) 2. Within twenty -nine (38 months including three extensions) months (by January 20, 2006), applicable inspection reports and/or certificate of occupancy required by the Building Department must be issued for conversion of the barn on proposed Lot 3 to a single - family residence, or it must be otherwise brought into compliance with Title 17 Zoning. Absent this, zoning enforcement action will be initiated. B. Draft Amendment of P &Z Commission By -Laws Ogle stated at a work session previously the P &Z Commission voiced concerns about the process of getting staff reports out to the applicants as well as the commission members, and how it relates to the packet review session and the formal meeting. She drafted some changes, with the first being in Article 10 Section A where the notice for the public hearing would run fourteen days before the public hearing, and the general circulation of the newspaper. The public will be able to see the legal ad two weeks in advance before the hearing. The second change is in Article 11 Reports and Minutes. The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and Commission members 12 days prior to the public hearing, which would be the Friday before the packet review. The packets would be available to the applicant and the Commission that Friday and have up until Wednesday to review the materials before the packet review. P & Z Meeting Minutes: November 16, 2005 Page 3 of 7 COMMISSIONER FRIEND stated the only thing he notices is in Article 7 — A -2. Will it be a problem coming on the first working day for the prior month, since we shortened you up? Ogle stated she has reviewed this with staff and the only adjustment would be to move up a week sending out the agency review letters. COMMISSIONER FRIEND stated COMMISSIONER McMURRY is a big pusher in this issue, and he feels this should be postponed to allow COMMISSIONER McMURRY time to look at this. C. Draft Amendment of Transient Accommodations. Ogle stated this is the first time this is coming before a formal meeting. The primary reason for bringing this forward is because a woman wanted to open a B &B in her quad plex. She was told she couldn't do it because it didn't meet the existing definition of a B &B. The existing definition states you have live within the same premises and the word premises has no definition. There are also a few B &B, lodge, and vacation home situations that are out of compliance. We wanted to take this opportunity to open this discussion up to look at the different possible uses that would meet the transient accommodation criteria. Ogle has provided all possible definitions and portions of the code that deal with these types of uses to evaluate. You may want to leave them as is, delete them, or further edit them. For public information, what she is talking about are B &B's, hotels, boarding houses, lodges, motels, recreational cabins, and vacation homes are primarily what they consider transient accommodations. Staff has worked up a few edits; the first being the definition of Bed & Breakfast — instead of renting out up to a maximum of two rooms, it has been upped to five rooms within the unit. The second edit being Bed & Breakfast's must provide two additional parking spaces beyond the normal requirements for a single family dwelling unit. A new definition has been created for "premises" which means a lot together with all buildings and structures therein. "Guest room" has been further refined to include B &B's It was omitted to clarify common sleeping arrangements, like some of the larger lodge settings where there is a large room with bunks establishing the interior density, each room is considered 100 square feet. Recreational cabin was also edited to include "this use is usually associated with remote areas." The new definition for vacation home is "a one family dwelling unit that is rented or leased in its entirety for periods not to exceed thirty days in length." If it's rented for more than thirty days, then it is just a single family dwelling that is rented out. Ogle has included some definitions out of Title 3 which deals with the finance There was talk at the staff level to address a Borough government concern of residents and business people not coming forward to pay their bed tax, so a proposal is that in order to have a legal B &B, hotel, motel, lodge, etc. you have to come to get a zoning compliance certificate from the Community Development Department. In order to get a zoning compliance certificate besides meeting the standards in zoning ordinance you have to verify proof of applying for your transient accommodation tax or proof of exemption from that tax that is issued by the Finance Department. The last of the code change is to look at where these various uses are permitted. The proposal for B &B's is to have it permitted in the Conservation District. The P & Z Meeting Minutes: November 16, 2005 Page 4 of 7 X. REPORTS P & Z Meeting Minutes: only other change is the vacation home they are proposing to permit in any zone that permits residential use. COMMISSIONER FRIEND stated there is still some work to do on this. He would like to see a copy of the letter sent to the hotels and motels, B &B's, lodges, realtors, and the Visitors Bureau. Friend would also like to have another work session on these issues. Bring it up for discussion at the December meeting, and then set up a work session. VIII. NEW BUSINESS A. Comprehensive Plan Steering Committee Appointments. Ogle stated that because this is a large project and she has received a dozen requests to be on the Steering Committee, she feels it would be appropriate to follow Chapter 2.39 to establish a formal Steering Committee. It is similar to the creation of the Gravel Task Force, make recommendations, people will apply, and then the decision is made at the Assembly level of who will be on the Steering Committee. B. KMXT radio coverage recommendations. Ogle stated this topic has come up before from a Kodiak resident. If the Commission feels strongly about this they would direct her to write a formal letter to KMXT requesting that these meeting be put on the air. It was suggested that the meetings be webcast on the Borough website, but after discussion they came to the conclusion that the Borough is not prepared to be webcasting the meetings, along with the rest of the community. It is more feasible to broadcast meetings on public radio. C. Recommendation of support for Alaska Trails Grant. Ogle explained that the Community Development staff is also the support staff for the Parks & Recreation Committee. The committee is working with the Fort Abercrombie Parks Office to apply for a grant that is due December 1 through DNR Parks & Recreation Division for an Alaska Trails Grant to do upgrades on the Piedmont Point Trail. They are proposing a training element where they have a contract with the Rivers, Trials and Conservation group for professional assistance. They will come and train ten people on how to train other people on how to do maintenance work on the trail. We would then have a group of volunteers that would be professionally trained in trail maintenance for all future trail projects, which will save time and money. With your direction she would write a letter of support for this grant. CHAIR FRIEND directed Ogle to write the support letter. IX. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT the Communications. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. November 16, 2005 Page 5 of 7 Ogle reported the Parks & Recreation Committee is currently working on proposed changes to the Borough's subdivision control ordinance to create a scenario when new subdivisions come in, the developer would be required to put in either a pocket park, open space, and /or sidewalk or a trail connection. Based on recent subdivisions, there has been a community desire for a park within a subdivision or open space for wetlands or trail connections or sidewalks, but there isn't anything in the ordinance to require it. Last year the Assembly's strategic plan was to look at the creation of pocket parks within subdivisions. The Parks & Recreation Committee is requesting to have a work session with the P &Z Commission at your December 14 packet review to discuss the general concepts. It could be left conceptual or highly quantitative. The Commission wishes to invite the Parks & Recreation Committee to their December 14 packet review. Ogle stated the postponement letters for the postponed cases were sent out. Van Atta will be going before the commission at their December regular meeting. Everyone else is still postponed. Ogle stated she has begun work on the ham radio antenna ordinance. Several months ago P &Z directed staff to write language within the code under the zoning ordinance to match how the state code reads. Her question to the commission is would you prefer just to cite the state code reference or would you prefer to have all the criteria within the ordinance itself. COMMISSIONER WATKINS inquired how hard it would be to cross reference it. Ogle said she would just reference the state code. Ogle stated the commission initiated the Bolton/Shryock cases be split into two cases. Mr. Shryock has elected not to pursue the R1 to R2 portion. Ogle stated that lastly we are moving along with our consultants with the update to the Coastal Management Plan. It is due to the State to be forwarded to the Federal Government at the beginning of March. Does the P &Z want to see a draft of that plan at your December meeting, comment on it, he can make changes, and then bring you the final in February? Or do you just want to see the final in February? CHAIR FRIEND asked if it would warrant a work session. Ogle stated yes, we could do a work session. It would be advertised because it is coming formally before the commission as a public hearing item. COMMISSIONER CARVER MOVED TO ACCEPT the reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. XI. AUDIENCE COMMENTS James Van Atta owns a B &B and he pays the accommodation tax. He feels one parking space per room is a bit excessive. He said a lot of people come in one car with two couples. He feels one parking space per two rooms is adequate. Van Atta also stated he is please with the new Community Development Director. XII. COMMISSIONERS' COMMENTS P & Z Meeting Minutes: November 16, 2005 Page 6 of 7 CHAIR FRIEND stated that he is very happy with the staff also. With him being the chair and being with the commission for so long, he does feel more a part of staff and Community Development than he ever has. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:30 p.m. ATTEST By: ct`1h eaQa On Sheila Smith, Secretary Community Development Department DATE APPROVED: December 21, 2005 P & Z Meeting Minutes: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: / /. Jerrol Friend, Chair November 16, 2005 Page 7 of 7 Committee Members Present Absent Excused Others Present Hans Tschersich X Mary Ogle Heather Turner X Community Development Jeff Huntley X Kevin Foster X Mike Sirofchuck X Murphy Forner X Pam Foreman-Chair X Patrick Saltonstall X VACANT Wayne Biessel X Ian Fulp Betty Odell KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING- NOVEMBER 2 MINUTES GH CLERK'S OFFICE tit DECEIVEn DEC 1 5 2005 ili CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:13 p.m. by CHAIR FOREMAN on November 29, 2005 in the Borough Conference Room. A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER SIROFCHUCK MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER TSCHERSICH, and it CARRIED 5 -0. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER FORNER MOVED TO APPROVE the minutes as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 5 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A. Parks Ordinance Ogle stated she had given the committee the draft of the ordinance at the last meeting, and the Planning & Zoning Commission has agreed to meet with the Parks & Recreation Committee at their December 14 work session at 7:30 pm in the KIB conference room to discuss the direction of this ordinance. 11/29/2005 Parks & Recreation Meeting Minutes Page 1 of 3 After discussion it was the general consensus that the committee would like the ordinance to be quantified. Different maintenance options for open space once it is created were also discussed. B. Otmeloi/North Star C. Trail Ownership Inventory Ogle stated she is going to have the mapping technician contact the creators of the atlas to see how they created it. A brief discussion on getting the trails on GIS or AutoCAD D. DNR Recreation Trail Grant Application Ogle stated this grant is due Thursday and it is almost finished. She will be meeting with Wayne Biessel tomorrow morning to wrap it up. Biessel stated he is including in the grant application a proposal to acquire some trail counters. They will count how many people use the trails with a time /day stamp. It works sensing body heat so the weather won't impede getting an accurate body count. NEW BUSINESS COMMUNICATIONS A. Letter and proposal request from the National Park Foundation regarding the Unilever Recycling at Work Sustainable Grants Program Ogle explained that they can purchase products made by Unilever and their products are made from plastic that looks like wood. It might work out well using their picnic tables and benches in some of the parks that have an arson problem. B. Email regarding the Fort Abercrombie Master Plan. Biessel stated the State Parks will be having a public scoping workshop on December 6 at 7:00 p.m. at the Bayside Fire Station for anyone who has concerns, interests, or looking into the future for Fort Abercrombie for what should be done there for the next 15 or 20 years. He also said they're probably looking at a day use fee for the future. Another issue is parking and traffic flow problems at Miller Point, and commercial use in the park. He encouraged everyone to attend. REPORTS A. Meeting Schedule: December 13, 2005 P &R meeting at 7:00 p.m. in the KIB conference room. December 14, 2005 P &R meeting at 7:30 p.m. in the KIB conference room. AUDIENCE COMMENTS There were no audience comments. 11/29/2005 Parks & Recreation Meeting Minutes Page 2 of 3 COMMITTEE MEMBERS' COMMENTS Wayne Biessel stated on December 7 at the Parks Office the State Parks Advisory Board will be meeting with Gabrielle LeDoux and Gary Stevens for a PowerPoint presentation. Mike Sirofchuck encouraged everyone to recruit committee members for the two vacant seats. Pam Foreman said Shawn Olson told her that there is property across from his home on Spruce Cape Road that was deeded to the City for the purposes of open space. ADJOURNMENT CHAIR FOREMAN requested a motion to adjourn. COMMITTEE MEMBER SALTONSTALL MOVED TO ADJOURN the regular meeting. The meeting adjourned at 8:26 p.m. ATTEST By: 1eA Oa cl l Sheila Smith, Secretary Community Development Department DATE APPROVED: December 13, 2005 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE 11/29/2005 Parks & Recreation Meeting Minutes Page 3 of 3 A. Call to Order Chairperson Kevin Arndt called the meeting to order at 7:02pm. B. Roll Call Present were Board Members Kevin Arndt, Scott Arndt, Charlie Lorenson, Ed Mahoney and Peggy Tuttle. Absent Member was Greg Spalinger. Dennis Simmons, a visitor and Bud Cassidy, Sharon Lea Adinolfi and Jessica Kepley [E /F Department] were also present. C. Public Comments SL Adinolfi introduced Jessica Kepley to the Board Members. Jessica will be taking over the secretarial duties for the Service District #1 Board. D. Approval of Agenda It was moved, S. Arndt, and seconded, E. Mahoney, to approve the Agenda. The Agenda was approved by a unanimous voice vote. E. Approval of Minutes Service Area No. 1 Board Regular Meeting Minutes 20 September 2005 at 7:00 KFRC Conference Room It was moved, S. Arndt, and seconded, C. Lorenson, to approve the Minutes [7 June 2005] as presented. There was a unanimous affirmative voice vote. F. Acceptance of Financial Report It was moved, S. Arndt, and seconded, P. Tuttle, to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 20 Sept 2005.doc Page 1 of 4 • Chair "' rep A uld .hopefully ing short, dedt oL _storage [at pe a as hat projects which were to start this week t next week - due to Brechan's schedule and K. Arndt said the D -1 pile needs to be out han's] by the end of the year and that Teal and possibly Shahafka. He said there is a that needs to be extended to the ditch line to improve draina:-. The Chair indicated that a survey needs to be done on Shahafka to correctly define the road and trees and stumps will be cleaned out - D -1 will be brought in and this project is to correct "ponding" in the area. Discussion re drainage issues took place. S. Arndt remarked that the area in front of Dayne Larsen's 4 -plex structure drained onto Katmai and that he did not think the driveways were constructed to Borough Code. It was suggested that a letter be written [E /F Department] to Mr. Larsen seeking correction of this drainage problem. H. Old Business None 1. New Business 1. Calcium Chloride /Salt Quotes. Quotes for both products were reviewed w /Round being the low bidder. There was discussion re the calcium chloride /salt and K. Arndt said Butte Products the storage of that he would contact M. Martin at Brechan to check into storage charges. S. Arndt discussed various mixtures of the two products and emphasized having a system in place to ensure intersections, in particular, and also paved roads were treated during the winter months. S. Arndt made a motion to award the purchase of 20 tons of calcium chloride to Round Butte Products for $9900.00 [FOB Kodiak]. The motion was seconded by C. Lorenson and a role call vote produced a unanimous affirmative vote. There was discussion re the purchase of salt - quantity, price. A vote on the purchase of salt was postponed until further information was obtained. P. Tuttle suggested another vendor, Frontier Packaging, as a possible source for an additional salt quote. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 20 Sept 2005.doc Page 2 of 4 S. Arndt made a motion to authorize E/F staff to purchase salt in an amount NTE $5500.00. The motion was seconded by C. Lorenson. There was a unanimous affirmative roll call vote. 2. Woodland Acres Paving. B. Cassidy told the Board that the Assembly will be looking at drainage plans and will be getting estimates for the paving work in Woodland Acres. Once the estimates are received, the Assembly will conduct public meetings re this project. If an estimate is approved, the Assembly will move the project forward. B. Cassidy asked the Board if paving of Sharatin would be a project to bring to the Assembly. S. Arndt said that as a Sharatin resident he would not want to see paving done at this time. There is still considerable development going on in the NOK subdivision and until that work is completed, heavy equipment will continue to use Sharatin - so paving could be done - and paid for - and in a relative short period of time the newly paved road would be as used as a ten year old road. E. Mahoney suggested that letters suggesting they not use Sharat residents of Katmai would have a desirable or not - how does the that when grading is done properly and the road pounded actually is a decent road. J. Public Comments Dennis Simmons questioned the Board as to their responsibilities with regards to contractual obligations, verifying work done, etc. S. Arndt said that the Board does have this responsibility. K. Arndt noted that there are several layers of verification, signing off on invoicing, checking work. B. Cassidy noted that this was primarily the Chair's responsibility and that the Chairs of Service District #1 have always taken their responsibilities seriously. K. Board Comments C. Lorenson. None be sent out to the contractors in. He also questioned if say in whether the paving was process work. He also noted down, it P. Tuttle indicated that there was no speed limit sign on Gull, that 20 MPH signs were needed, also "slow Children at Play" signs. The signage will become even more of an issue as 18 more \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 20 Sept 2005.doc Page 3 of 4 homes are to be constructed and there are already many young children in the neighborhood. S. Arndt. None E. Mahoney mentioned an erosion problem on the west side of Eli Wasilli - D -1 needs to be put in - there is a section of pavement that is "hanging" and presents a danger. S. Arndt interjected that asphalt at all the intersections needs to be checked and filled in where necessary. K. Arndt noted that many of the intersections are the responsibility of DOT and he will get in touch with R. Greene to make sure the work gets done. K. Arndt thanked P. Tuttle for her participation on the Board. L. Adjournment There being no further business before the Board, the meeting was adjourned at 8:04pm. Respectfully submitted: 1 / St ra'Date:4 aron dinolfi, Secretly KIB Engineering /Facilities Dt. Ap oved Kevin Arndt, Chair Service Area No. 1 Board Date: /2. - 07 -o \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 20 Sept 2005.doc Page 4 of 4 Women's Bay Service Area Board Regular Meeting Minutes November 21 2005 GJJ CALL TO ORDER 7:06 pm _ 11 DEC 1,0 105 Members Present — Chris Lynch, John Isadore, Dave Conrad, Spencer Schs effg OROUGH CLERK'S OFFICE Guests Present — Ed Hamlin, Kevin Arndt Citizen's Comments — No comments. Approval of Minutes — Minutes front the July 18 and September 12 meeting were approved as submitted. Old Business Fire Department — • Fire Prevention Week - October 15 volunteers will do a presentation at the USCG fire house for Peterson School. • Assistance to Firefighter grant — received 2 bids for the tanker truck, low bidder is $259,459. We will buy appurtenances later. The current proposal states that we need to pay up front, we would then submit for reimbursement. It was motioned and approved to recommend approval to the KIB for purchase of the new truck. • The Service District Board has issues with the budget for the Fire District. We were not loaned the correct amount for our fire truck. Dave C. has requested that the books be adjusted. We have not received confirmation that this has been corrected. Road Service Area — Birch Circle was regarded, ditched and a culvert installed. Lake Orbin and Bells Flats Road were graded, rolled and topped with D -1. Pavlof Circle was re- ditched. New Business Fire Department — Thank you to Bob Himes — we got new hand held radios and truck radios based on a grant he wrote. It was motioned and approved to remove radio from engine and tanker and install new radios for a cost not to exceed $700. We would like to store the old tanker until we con afford to upgrade the vehicle to current standards. KIB is to have a vehicle surplus sale sometime in December. We need to put SOP's in place. Ed H., Dave C. and the volunteers will work on them to have them ready to review in January or February. Road Service — • The board requested that Craig Breitung be notified to see if he is interested in vacant seat, Chris will call. • 4- wheelers on Lake Orbin Dr. keep tearing up the road, neighbors are calling the troopers. • A complaint has been submitted to MB for the end of Middle Bay Dr. — the bus turnaround is blocked by personal vehicles. • 10732 Birch Circle — neighborhood dispute regarding parking during inclement weather — this is not a platted road and they should settle amongst themselves • 777 Cottonwood Circle — the grader hit a personal vehicle during snow removal — contractor will take care of. lly Subm • Cable TV — The Service District Contractor has been given several bills by the cable company. The cable lines are not installed properly and locates were requested. The lines have not been installed in the ROW or per code. • We need to watch our electric bill to monitor increase due to new repeater installation. • Election of Officers — Chris L. will remain chair as voted by the board. Board Member Comments — Meeting was adjourned at 7:40 p.m. Next Meeting — December 19, 2005 L_ Chair Person saL Witness The Board of Education of the Kodiak Island Borough School District met in regular session on November 21, 2005, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Roy Brown called the meeting to order at 8 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Absent: Jeff Stephan, excused A quorum was established. ALSO PRESENT: MINUTES: Roy Brown Scott Arndt Betty Walters Mel LeVan Jack Walsh Bill Watkins Meri Holden KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — November 21, 2005 The minutes of the Regular Meeting of October 31, 2005, were to be considered for approval and/or correction. MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of October 31, 2005. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote of all members present. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: None Elizabeth Odell Jordan Rodgers Dave Jones Bob Meade Teri Schneider Dan Carrasco Bob Tucker p ECEodE DEC 1 5 20 0 5 Norm Wooten LCDR Virginia Cameron Heather Wheeler Kristen Inbody Stewart McDonald Barbara Bolson J BOROUGH CLERK'S OFFICE SCHOOL BOARD REGULAR MEETING November 21, 2005 Page 2 CORRESPONDENCE: 1. Superintendent Betty Walters read into the record a memorandum from Kodiak Borough , Education Association (KBEA) President Mel LeVan regarding Resolution Number 056- 003, Authorizing Participation in HB 161. PROGRAM /STAFF REPORTS: 1. Volunteers of the Month — Regional Rural School Principal Bill Watkins stepped to the podium and shared that Port Lions School is pleased to honor Judy Clayton as their Volunteer of the Month. Port Lions has grown accustomed to seeing Judy dressed as Ms. Frizzle and captivating children with the marvels of science. They count on her to be there and to help out whenever something special is happening. From the first bell in the morning to the dismissal bell in the afternoon, she is always gracious and willing to share her expertise with students and staff, and delights in enriching student learning opportunities. She is always looking for things to do to improve the school. Old Harbor School staff is happy to have the opportunity to recognize Zora Inga as their Volunteer of the Month. Zora is a previous graduate of Old Harbor School who has children in kindergarten and 3rd grade. She helps with small groups in reading and math and spends as many as fifteen hours a week volunteering in the school. She has assists with school pictures and helps with the sports fundraisers through participation with the Booster Club. She helps with meals, sits and eats lunch with students; attends other meetings such as the TEA meetings; and is taking the Love and Logic Course through Kodiak College. In addition to classroom assistance, Zora was elected to the Advisory School Board and serves as the Secretary. PRESENTED On behalf of the District, Board President Roy Brown presented certificates of appreciation to Port Lions School Volunteer of the Month Judy Clayton and Old Harbor School Volunteer of the Month Zora Inga. 2. Native and Rural Education Support Report — Alutiiq Studies /Curriculum Support staff member Teri Schneider stepped to the podium to share a PowerPoint presentation of the activities that occurred throughout the summer and into the fall from the Alaska Staff Development Network's successful June Academy for Culturally Responsive Schools. She also highlighted the ongoing efforts with the regional Alutiiq language project as well as the Summer Academy of Elders /Science Camp and the AFN Elders and Youth Conference. SUPERINTENDENT'S REPORT: 1. Classified employee Sandy Daws was recently named Educational Support Person of the Year for NEA- Alaska. Sandy is the accountant in the Maintenance and Operations department. SCHOOL BOARD REGULAR MEETING November 21, 2005 Page 3 2. Kodiak High School WordMasters tied for ninth place in the nation, competing with 559 high school teams from across the country. Ninth grader Green Patterson placed among the six highest scorers at that grade level nationwide, while Jack Emmerson and Max Smiley both placed among the 32 highest scorers. Eleventh grader Elycia Gronn placed among the 79 highest at her grade level, and twelfth grader Justine Ranney placed among the 90 highest. Honorable mentions were earned by seniors Nick Watkins and Hannah Johnson. UNFINISHED BUSINESS: None NEW BUSINESS: 1. Resolution Number 056 -003, Authorizing Participation in HB 161 — The state legislature approved a new bill that extends the window for rehiring retired teachers, who have retired with normal benefits, until 2009. MOTION SCOTT ARNDT moved to approve Resolution Number 056 -003, Authorizing Participation in HB 161. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote of all members present. 2. Purchase Requisition Number 710000124, Brechan Enterprises, Inc. — This requisition is for 250 tons of 1" minus crushed rock and 250 tons of 3" minus crushed rock for future projects at Port Lions School. MOTION NORM WOOTEN moved to approve Purchase Requisition Number 710000124 to Brechan Enterprises, Inc. in the amount of $19,250. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 3. New School Pool Educational Specifications — This document requires Board action before it is sent to the Alaska Department of Education and Early Development for approval. MOTION SCOTT ARNDT moved to approve the New School Pool Educational Specifications. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. 4. Overage Student Request — We have received a request from an overage student to allow enrollmeht in the District. SCHOOL BOARD REGULAR MEETING November 21, 2005 Page 4 MOTION ELIZABETH ODELL moved to allow TK to enroll in the Correspondence Study Program to complete the requirements for graduation. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote of all members present. 5. FY 06 Indian Education Act Grant Award — This grant provides funding for aides who work with Alaska Native and American Indian students to help them make adequate yearly progress in the areas of reading, language arts, and math. MOTION SCOTT ARNDT moved to accept the FY 06 Indian Education Act Grant Award in the amount of $170,664. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 6. FY 06 Artists in Schools Grant Intent to Apply — This grant would fund a residency for storytelling artist Lynn Ruehlmann from Norfolk, Virginia, focusing on the area of oral language development. MOTION ELIZABETH ODELL moved to approve the FY 06 Artists in Schools Grant Intent to Apply in the approximate amount of $3,000. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote of all members present. 7. Rural Advisory School Boards Election Results — Election results for Akhiok, Chiniak, Larsen Bay, Old Harbor and Ouzinkie are ready for Board certification. MOTION SCOTT ARNDT moved to certify the Rural Advisory School Boards election results of newly elected or re- elected members as follows: Akhiok — Mitch Simeonoff, Diana Simeonoff, Linda Amodo, David Eluska, Phyllis Amodo; Chiniak — Diane Patterson, Ingrid Neubauer, Alice Jamison; Larsen Bay — Debbie Hill, Jennifer Moe, Tim Carlson, Janet Carlson, Brad Aga; Old Harbor — Conrad Peterson, Amy Peterson, Zora Inga; and Ouzinkie — Alexandria Daugherty, Kerry Ivory. ELIZABETH ODELL seconded the motion and it carried unanimously by a voice vote of all members present. 8. School Board Committee Appointments — School Board committee appointments are made on an annual basis. APPOINTED ROY BROWN appointed Board members to committees as follows: Architectural Review Board — Norm Wooten Association of Alaska School Boards Child Advocate — Roy Brown Association of Alaska School Board Legislative Liaison — Norm Wooten SCHOOL BOARD REGULAR MEETING November 21, 2005 Page 5 Borough Parks and Recreation Committee — Roy Brown and Scott Arndt Budget Development Committee — All Board Members Certificated Evaluation Committee — Elizabeth Odell Academic Advisory Committee - Science: Elizabeth Odell Facilities Review Committee — Norm Wooten and Scott Arndt Quality Schools /Quality Students — Norm Wooten Safe and Drug -Free Schools Advisory Committee — Elizabeth Odell Staff Development Committee — Norm Wooten Technology Committee — Jeff Stephan and Scott Arndt Career Pathways Committee — Elizabeth Odell 9. July, August and September 2005 Reports of Revenues and Expenditures MOTION SCOTT ARNDT moved to acknowledge receipt of the July 2005 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $2,005,679 and year -to- date general fund expenditures in the amount of $689,052; the August 2005 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $3,963,881 and year -to -date general fund expenditures in the amount of $1,326,326; and the September 2005 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $5,967,362 and year -to -date general fund expenditures in the amount of $3,846,630. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for December is a Work Session on Monday, December 5, 2005, at 7 p.m. in the School District Conference Room and a Regular Meeting Monday, December 12, 2005, at 7 p.m. in the Borough Assembly Chambers. COMMUNITY COMMENTS: None BOARD COMMENTS: 1. Scott Amdt suggested that due to the short window of FEMA grant availability, that Kodiak Middle School be the project that is forwarded to the state. 2. Elizabeth Odell congratulated Sandy Daws and the volunteers of the month. She wished everyone a happy and safe holiday. 3. Norm Wooten wished everyone a happy holiday. 4. Roy Brown echoed the sentiments of fellow Board members and thanked Teri Schneider for her presentation. SCHOOL BOARD REGULAR MEETING November 21, 2005 Page 6 ADJOURNMENT: NORM WOOTEN moved to adjourn the Regular Meeting. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote for all members present. There being no further business, Board President Roy Brown adjourned the Regular Meeting at 9 p.m. Clerk of the Board Res • ectfully Submitted, Karen Englund Executive Secr y Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of December 12, 2005. KODIAK ISLAND BOROUGH SCHOOL DISTRI Board of Education Special Meeting — December 6, 2005 p vf[llldl DEC 1 5 2005 BOROUGH CLERK'S OFFICE The Board of Education of the Kodiak Island Borough School District me in special session on December 6, 2005, in the School District Conference Room. Board President Roy Brown called the meeting to order at 5 p.m. ROLL CALL was taken, and the following members were present: Norm Wooten Absent: Jeff Stephan, excused Scott Arndt, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administrators have three recommendations for certificated contracts prepared for Board approval. MOTION NORM WOOTEN moved to approve a certificated contract for the 2005/2006 school year to Jason Krienke — MA +0/0 in the amount of $20,580, plus $180 special education stipend for 1.0 FTE School Psychologist; Jennifer Mitchell — MA +0/5 in the amount of $26,537, plus $180 special education stipend for 1.0 FTE Speech/Language Pathologist; and Ken Cole — MA +36/8 in the amount of $15,796 plus $90 village stipend. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote of all members present. ADJOURNMENT Roy Brown Elizabeth Odell MOTION NORM WOOTEN moved to adjourn the Special Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Board President Roy Brown adjourned the Special Meeting at 5:07 p.m. SCHOOL BOARD SPECIAL MEETING December 6, 2005 Page 2 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of December 12, 2005. Clerk o the Board Res ectfully submitted, aren . Englund Executive Secretary ACTION ITEMS: PUBLIC HEARING: APPROVED: APPROVED: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — December 12, 2005 Motion to adjourn. SUMMARY Alaska Statute 23.40.235, Public Involvement in School District Negotiations, states that before beginning bargaining, the school board of a city or borough school district or a regional educational attendance area shall provide opportunities for public comment on the issues to be addressed in the collective bargaining process. Motion to approve certificated contracts for the 2005/2006 school year to Mary Fiorentino — MA +0/8 in the amount of $33,909, plus $210 village stipend for 1.0 FTE Old Harbor School (112 days) and Carl Roberson — BA +O /1 in the amount of $21,324, plus $198 village stipend for 1.0 FTE Karluk School (105 days). Motion to certify the Rural Advisory School Board election results as follows: Port Lions — Dorinda Kewan, Marilyn Nelson and Lisa Robustellini. Motion to allow the enrollment of DC in the Correspondence Student Program to complete the requirements for graduation. ACTION ITEMS: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — December 21, 2005 Motion to approve a certificated contract for the remainder of the 2005/2006 school year to Philip Lazzaro — MA +0/8 in the amount of $31,487, plus $196 special education stipend for 1.0 FTE Districtwide Special Education Itinerate. APPROVED: Motion to adjourn. SUMMARY 12ECIEBVIE JAN - 6 2006 BOROUGH CLERK'S OFFICE ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - January 3, 2006 SUMMARY APPROVED: Motion to enter executive session to discuss negotiations and to include Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh, Director of Finance Dave Jones and District lawyer John Sedor. APPROVED: Motion to adjourn. p 1ECEUVE JAN - 62006 BOROUGH CLERK'S OFFICE Manager's Report January 19, 2006 JAN 1 9 2006 ongQ QYGit OFFICE The Alaska Municipal League Joint Insurance Association c training for all Department Heads and supervisors on Tuesday, January 17 . The Borough also invited supervisory personnel from the City of Kodiak and the school district. The training was well attended and very productive by providing supervisors the necessary information and training needed to keep abreast of the latest personnel laws and procedures. The hospital master plan being conducted by Prochaska & Associates is nearing completion. One of the primary purposes for conducting the hospital master plan was to better utilize space for the Kodiak Community Health Center (KCHC) and the hospital. In cooperation with KCHC, the hospital and Borough staff who have been working on this project, we would like to meet with the Assembly in a special work session sometime late February or early March to present the plan as it has been developed to -date I will be working with all parties involved and the Assembly to set a time for this special work session. It has been recommended that the special work session be held at the hospital to include a tour of the facility. Staff has been working on the RFP for a consultant to do a Waste Management Stream Study to include recommendations for improving the collection process and help in developing the waste collection RFP. The Waste Management Stream Study RFP is in its final review stages and we expect it to be out on the street in the near future. The work that we are asking a consultant to do is complicated, has significant costs associated with the results of the process and we want to make sure that we have included all aspects of the waste management stream and that the Borough is able to obtain the best consultant available for this contract. We are hopeful that this process will give the Borough's waste management a thorough review with helpful recommendations to operate efficiently and cost effectively and minimize the costs of waste management to the users. Our goal continues to be to have the collection RFP out in time to have new proposals before the current contract ends on June 30, 2006. However, as stated on November 5 during the Assembly's Strategic Plan session, this is going to be a very tight timeline. I do have concerns that we may not meet the timeline, and it is my recommendation that we do it right and have a process that is improved rather than continuing the current situation. Given the possibility that we may not make the timeline needed for the waste collection contract, I have been in discussions with the Borough attorney, as early as last October, looking at what options the Borough may have for extending the existing contract in order to have the time necessary to produce a good waste collection contract. For your information, I will be traveling to Juneau next week to attend an Alaska Municipal League Joint Insurance Association Board meeting. I will be leaving Tuesday evening and will retum during the day on Friday. While in Juneau, I will be making some visits to legislators and state agencies in conjunction with the Alaska Municipal League meetings being attended by the Mayor and Assembly member Ranney along with our lobbyists Mark Hickey. ISLAND BoxoucA CLERK'S OFFICE f COFfED TO: / ASSEMBLY, MAYOR KODIAK MANAGER OTHER �_ I ' i I 1 t c ‘ f—" Y L IC/ -- P"CA rman4 J17n& 1:444 c_"�^^ "+ I 4 ,-r `N.f/ ,S C I CnDocicti . R ib o se crot cAl rettnuAti U Vk Q.- YO O 0. CLS _ 6 ; � � ,T3 9.I / e print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: ipy ok Please print your name FROM :LAIDLAW January 19,2006 FAX NO. :9074063070 "URGENT ATTENTION REQUESTED" Laidlaw Education Services 2014 Mill Bay Road Kodiak, AK 99615 (907) 486 -3600 Jan. 19 2006 03:50PM P1 Kodiak Island Borough Assembly Members and Borough Mayor 710 Mill Bay Road Kodiak, AK 9961.5 Dear Kodiak Island Borough Assembly Members and Mayor: According to Borough Code it is not permissible for the Borough to extend a contract unless it is a Utility. In essence the Borough has been in violation of its own code by extending Contract Number 98-48A for two one -year extensions. The first extension was with USA Waste Management for the one year and the second extension was with Alaska Pacific Environmental (formally USA Waste Management) which that contract expires on June 30, 2006. Judith Nielsen, Borough Clerk, brought it to the attention of Nancy Galstad, Borough Interim Manager, who conferred with the Borough's attorney for a legal opinion on the matter. The Borough Attorney confirmed that it was a violation of Borough Code to extend contract number 98 -48A. At the April 7 2005 Regular Assembly Meeting, the Assembly approved a one year contract extension even though each Assembly member was fully aware of the legalities for violation of the code. This was to only be a ONE YEAR Extension with an RFP being available to the Borough Assembly for approval by January 2006. After getting a call the morning of January 19 2006 at 8:45 a.m. from Borough Manager, Rick Gifford, I am concerned that the Borough is not going to have the RFP ready after already waiting one year for it to be available. 1 am also concerned that the Borough will try to do another extension. When 1 asked Rick about the Borough Code he stated that they were under advisement from legal counsel to see how they could deal with this issue. It is my opinion that if the Borough Code is changed after the fact of all these extensions that it is abusing what the codes were put in place for at the time they were instituted. Our company has wanted to bid on the solid waste collection contract since the first contract extension was approved in 2004. The Assembly and Borough Staff have circumvented the codes for the past two extensions for the same reasons being stated now for not having the RFP done which are: shortage of staff,, new manager (the new borough manager has been on board for six months) and lack of studies being completed (the RFP for the study has not been completed in two years). FROM :LRIDLRW FRX NO. :9074863070 Jan. 19 2006 03:50PM P2 In conclusion the bidding process is a healthy process. It gives the public the best price for quality service. The fact of the matter is that the excuses will continue to postpone putting out an RFP for solid waste collection since studies are not completed and at this rate we could be waiting another two or more years for an RFP to be completed or for studies to even begin. Meanwhile, the public is not getting the best deal they could be getting because the competitive bidding process has been derailed and circumvented. No matter what the study comes up with garbage still needs to be collected and if changes needed to be made to that collection process the Borough could at that time work with the current/new contractor to renegotiate a rate or decide to have the contract re -bid. Scott Greenstreet, Branch Manager Kodiak Island Borough January 19, 2006 - 7:30 p.m. Regular Meeting 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assembly Guidelines Clerk's note: 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. Clerk's note: Attached on blue paper is a note from Gale application to the Bay View Road Service Area Board. Recommended motion: Move to amend the agenda by Appointment to the Bay View Road Service Area Board. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS SUBMITTED Assembly Chambers Hagemeyer withdrawing her removing Item No. 73.D.2 A. Kodiak Island Borough Assembly Regular Meetings of November 3, and December 1 and 15, 2005. Kodiak Island Borough Assembly Guidelines January 19, 2006 Page 1 6. AWARDS AND PRESENTATIONS A. Student of the Month of December, 2005 - Mayor Selby B. Student of the Month of January, 2006 - Mayor Selby C. Longevity Awards - Manager Gifford D. Employee of the Quarter Award - Manager Gifford 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS A. U.S. Army Corps of Engineers /Alaska Department of Environmental Conservation. 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -23 Identifying the Retrofit of the Kodiak Middle School as the Borough's Number 1 Project for Federal Emergency Management Agency (FEMA) Pre - disaster Mitigation Funding and Committing to a 25 Percent Local Match. Recommended motion: Move to adopt Resolution No. FY2006 -23. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 19, 2006 Page 2 2. Resolution No. FY2006 -24 Adopting a Federal Capital Improvement Program for Fiscal Years 2007 -2011. Recommended motion: Move to adopt Resolution No. FY2006 -24. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 3. Resolution No. FY2006 -25 Authorizing Borough Participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Recommended motion: Move to adopt Resolution No. FY2006 -25. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 4. Resolution No. FY2006 -26 Granting Conceptual Approval to the Provisional Kodiak Island Pre - Hazard Mitigation Plan for the Purpose of Submittal to the State of Alaska Department of Homeland Security and Emergency Management (DHS &EM) and the Federal Emergency Management Agency (FEMA). Recommended motion: Move to adopt Resolution No. FY2006 -26. Clerk's note: Attached on green paper is the resolution. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 5. Resolution No. FY2006 -27 Appointing a Gulf of Alaska Groundfish Rationalization Task Force. Recommended motion: Move to adopt Resolution No. FY2006 -27. Clerk's note: Attached on yellow paper is the corrected version. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 19, 2006 Page 3 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -07 Rezoning US Survey 3471 Lot 1 FROM RR -1 Rural Residential One Zoning TO RNC -Rural Neighborhood Commercial. (P &Z Case 03- 020) D. OTHER ITEMS Recommended motion: Move to adopt Ordinance No. FY2006 -07 in first reading to advance to public hearing on February 16, 2006. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 1. Resignation of Fire Protection Area No. 1 Board Member. Recommended motion: Move to accept, with regret, the resignation of David A. Bi0ings from the Fire Protection Area No. 1 Board with a term to expire October 2006 and direct the borough clerk to advertise the vacancy per Borough Code. ROLL CALL VOTE ON MOT /ON 2. Appointment to the Bay View Road Service Area Board. Removed from agenda. 3. Appointment to the Womens Bay Service Area Board. Recommended motion: Move to appoint Craig Breitung to a seat on the Womens Bay Service Area Board for a term to expire October 2007. ROLL CALL VOTE ON MOT /ON 4. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. Recommended motion: Move to confirm the mayoral appointment of Andy Schroeder to a seat on the Parks and Recreation Committee for a term to expire December 31, 2007. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines January 19, 2006 Page 4 5. Confirmation of Mayoral Appointment to the Personnel Advisory Board. Recommended motion: Move to confirm the mayoral appointment of Brenda M. Zawacki to a seat on the Personnel Advisory Board for a term to expire December 31, 2008. ROLL CALL VOTE ON MOTION 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly work session of January 26 and regular meeting of February 2 have been canceled. Members of the Assembly will be attending the Southwest Alaska Municipal Conference in Anchorage February 1 -4. The Assembly will meet in a work session on Thursday, February 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, February 16 at 7:30 p.m. in the Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough Assembly Guidelines January 19, 2006 Page 5