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2005-07-12 Joint Work SessionCITY COUNCIL — BOROUGH ASSEMBLY JOINT WORK SESSION AGENDA July 12, 2005 Assembly Chambers 7:30 p.m. (City Chairing) Joint work sessions are informal meetings of the City Council and Borough Assembly where elected officials discuss issues that affect both City and Borough governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular City Council and /or Borough Assembly meeting agenda. Discussion Items 1. Public Comments (limited to 2 minutes each) No Backup 2. Discussion of Appointments to the Kodiak Fisheries Development Association Board of Directors 1 3. Borough/City Land Exchange 23 4. Pool Property Lease 24 5. Nonprofit Funding 31 Freed, Linda From: stosh anderson [stosh_a @hotmail.com] Sent: Wednesday, June 15, 2005 8'29 PM To: Freed, Linda Subject: BSAI Crab PQ Page 1 of 1 Linda This is a request for considering my appointment to the group that will be formed to implement the BSAI Crab community protection measures for Kodiak. Dear Sirs, I was a member of the NPFMC when the community protection measures were developed. The protections are minimal at best and if implemented without considering all the provisions in the PQ program they will be less affective than is possible. The industry will be changing dramatically especially in the first five years of implementing this plan. In trying to implement what tools are available to provide economic stability for Kodiak the governing body needs to take a long view and not guess as to the outcome will be and get locked in. This body will be making new ground and will have an affect on Gulf Rationalization and community protection with regards to DAPs what ever form they take. I respectfully request your consideration of my appointment. Sincerely stosh anderson 6/21/2005 June 30, 2005 Ms. Linda Freed, Manager City of Kodiak Sincerely, 8 J rry :r ngen Jerry Bongen F/V Pacific Venture; F/V Jeanoah PO Box 3523 Kodiak, AK 99615 Phone: 907- 486 -6245 Fax: 907- 486 -1959 12348 �c c ' N CO IV e CV F leC peP 0e? G.000 K ;! tt COO' ee �` e lZ oZ Mr. Jerome Selby, Mayor Kodiak Island Borough Dear Ms. Freed and Mr. Selby, I would like to submit my name for appointment to the Board of Directors of the Kodiak Fisheries Development Association (KFDA). I believe that I am qualified for one of the two seats that are designated for BSAI crab harvesters. I am familiar with the operation and management of the Bering Sea and Aleutian Islands (BSAI) crab fishery. I have personally participated in several of the BSAI crab fisheries. I currently own and operate two Kodiak -based vessels that have participated, and that are eligible to participate, in the rationalized BSAI crab fisheries (F /V Pacific Venture, 102'; and the F/V Jeanoah, 82'). I am familiar with many of the details of the BSAI Crab Rationalization program, since I participated over the course of many years in meetings of the North Pacific Fishery Management Council, and in many industry and other meetings, during which the BSAI Crab Rationalization program was developed. I will receive harvester QS under the BSAI crab rationalization program. I have a fair understanding of seafood business valuation, and community fisheries development issues. I am familiar with the community- oriented objectives of the Kodiak Fisheries Development Association, and as a crab harvester and resident of Kodiak, I would like to contribute to the Board of Directors of KFDA. Thank you for your consideration of my interest in serving on the KFDA Board. PHONE: ',3& E -M Jul-1-05 15:42; ROUG UGH CL OAD 99615 -9310 391 kodiak. Yam 0 No Yeim.O By Ape4cente Reetlarem: evough () e ( Dale Appointed Tem. g .p..a An. �^ -- Commenu- "z TIO I(4 ut is not required. this appliaatio • STAPP USE ONLY Oacumomco,, MaoINOem Lase Rover OLIIi of Oita Financial Dade ist in ord will be k CEIVE JUL 11005 UGH CLERK'S OFFICE Sent By: HP LaserJet 3100; NAME: \I' ALASKA HOME PHONE: ,l (tj( i WO STREET ADDRESS: MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIA ARE YOU A. REGISTERED VOTER 1 ARE YOU A PROPERTY OWNER IN COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA. OF EXPERTISE AND /OR EDUC I AM INTERESTED IN SERVING ON 1 Si: atime a' !L_44 A resume or letter of interest may be attached, Please retu the 1 ati. , the a.v is d 9074865184; KODIAK ISLAND OFFICE OP THE BOR 710 MILL BAY KODIAK, ALAS PHONE: (907) 48 FAX: (907) 486 EMAIL:jnielson @kib. BOARD APPLICATION eferencc) e for one year. Page 1/1 June 30, 2005 Linda Freed - Jerome Selby City Mayor- Borough Mayor 710 Mill Bay Road Kodiak AK 99615 Dear Ms. Freed & Mr. Selby, I would like to submit my request for a seat on the Kodiak Fisheries Development Association, Board of Directors. I am very active within many areas of concern within the fishing industry-in particular areas that have to do with the long -term social and economic stability of our Kodiak Coastal Community. M}% experience within the fishing industry includes two years prior experience as General Manager, Director of Business Development and Fleet Manager ofa local Seafood Processing Plant (Global Seafoods). I am currently employed as the Program Director and Certified Seafood Inspector the Star of Kodiak Quality Assurance Program and also participate in the Kodiak Branding and Marketing Committee meetings. Over the last year 1 have been an active Board member on the State of Alaska, Fish and Game Advisory Committee and am the Chairman of the State Waters Ground fish sub- committee. I attend other meetings and conferences that involve our fishing industry- including attending most Federal North Pacific Fishery Council Meetings. I am an advocate for the protection and conservation of our Federal, State and local Ground fish, Salmon and Shellfish Fisheries. 1 have researched and analyzed many different aspects of our fishing industry and am up to date on issues including Federal Crab and Ground fish Rationalization. 1 have been active in working to inform and assist our Community on issues in regards to our Federal, State and local fishing industry. 1 would be honored to have the opportunity to use the knowledge that 1 have to assist our Community in the future success of our local Fishing Industry. I look forward to your reply. Sincerely, .noirgzet ate6 1524 Ismailov St. Kodiak AK 99615 (907) 486 -5525 donna(a corn Ms. Linda Freed City of Kodiak Mr. Jerome Selby Kodiak Island Borough Re: Application for appointment to the Board of Directors, Kodiak Fisheries Development Association Dear Manager Freed and Mayor Selby, I hereby submit my name for consideration by the City of Kodiak Council and the Kodiak Island Borough Assembly for appointment to the Board of Directors of the Kodiak Fisheries Development Association. I have read, am familiar with, and respect the purposes that are indicated for the KFDA in the KFDA Bylaws and Articles of Incorporation. I am very familiar with, and participated in the development of, the provisions and details of the Bering Sea/Aleutian Islands Crab (BSAI) Rationalization program. I understand the regulatory, social and economic effects of this program, and the purposes and reasoning that provided for the establishment of the Eligible Crab Community Entity. I have worked on a BSAI crab vessel, I have represented BSAI crab fishermen, and I have worked with federal and State of Alaska governmental entities with respect to the management, conservation and allocation of the BSAI crab fisheries. I am familiar with concepts of seafood business valuation, and with the variety and diversity of issues and concerns that apply to community fisheries development. I am sure that I can make a positive contribution to achieving the objectives and fulfilling the purposes of the KFDA. I am pleased to provide further information to you or to other representatives of your respective entities with respect to my interest to serve as a member of the Board of Directors of the KFDA. Thank you for your consideration of my interest in this matter. Sincerely, R. Stephan Jeffrey R. Stephan PO Box 2917 Kodiak, AK 99615 tel: 907 - 486 -4568; email. istephan@ptialaska.net June 30, 2005 3 A -1a3 4 a 2005 o N Received executive Department L h ex City of Kodiak �� Aids(a Fis i Facto, Lain Wald June 8, 2005 Dear Jerome, Please accept this letter as my application to serve as a member of the Fisheries Development Association. As you are aware, I view myself primarily as a fisheries advocate and educator. My unwavering goal is to make all people aware of the social and economic importance of our seafood industry to our community, the State of Alaska, the nation and the world. I believe that my extensive knowledge about Alaska's seafood industry, combined with my vast contact network, make me a uniquely qualified candidate for the Association. I would be honored to be a part of the group. Respectfully, Covering Alaska's seafood industry for print and broadcast since 1988 Laine Welch Thank you for your consideration. pEC flq JUN 1 0 2005 BOROUGH CLERK'S OFFICE PO floc tias3 .todM( Masts, 99615 19071 ~46:391 gaga: ws$JMMC©ata$$asoa, KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIED TO: MAYOR ASSEMBLY MANAGER OTHER June 29, 2005 TO: Linda Freed, City Manager City of Kodiak FROM: David M. Woodruff RE: Kodiak Fisheries Development Association Please consider this letter as my intention to apply for the Board of Directors of the Kodiak Fisheries Development Association. In particular, I'm interested in a crab processor position. With over thirty years in the fishing and seafood processing business, I believe that I have the expertise to serve as a productive, positive member of this Association. I will work cooperatively with other Association Directors to insure that the best interest of this community is foremost in decision - making. Thank you for your consideration. a., cerely, ‘?.$4( David M. Woodruff 4 N N e N 201/5 xecut De d ce Ci ty Of Kodiak In cb c� em o a, c`9 Si st �ti% BYLAWS OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION ARTICLE I - NAME AND LOCATION Section 1. Name. The name of the organization shall be Kodiak Fisheries Development Association (the "Corporation "). Section 2. Location. The initial office of the Corporation shall be located at . Thereafter, the office shall be located as the Corporation's Board of Directors may determine. ARTICLE II - PURPOSE The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code "). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ( "ECCE ") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares ( "PQS ") and individual processor quota ( "IPQ "), pursuant to the Bering Sea /Aleutian Island ("BS/ AI") crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the Regulations "); B. If the Council of the City of Kodiak and the Kodiak Island Borough Assembly authorize it to do so, to act as an Eligible Crab Community Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab rationalization quota shares ( "QS") on behalf of the Kodiak Community and making the resulting individual fishing quota ( "IFQ ") available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the Council of the City of Kodiak or the Kodiak Island Borough Assembly, these Articles of Incorporation, and the Corporation's Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE III - MEMBERSHIP The Corporation shall have no members. ARTICLE IV - BOARD OF DIRECTORS Section 1. Functions and Powers. The initial Board of Directors (the "Initial Board ") shall have the authority to adopt the Corporation's initial Bylaws, elect its initial officers, and take whatever steps may be appropriate to qualify it as an ECCE with the National Marine Fisheries Service pursuant to the Regulations. All other authority to act as a board of directors for the Corporation shall be reserved to the Board of Directors appointed pursuant to Article IV, Section 3, below (the "Board of Directors" or the "Board "). The Board of Directors shall manage the affairs of the Corporation. The Board shall have the power to supervise, control, and direct the affairs of the Corporation; determine its policies within the limits of the Articles of Incorporation and these Bylaws; collect, administer, and disburse the Corporation's funds; approve projects; and otherwise actively pursue and promote the purposes of the Corporation. The salaries, if any, of all employees of the Corporation shall be determined by or under the direction of the Board of Directors. The Board shall review expenditures for the prior year and approve a proposed budget for the Corporation's coming fiscal year at its annual meeting. Section 2. Number. The number of directors serving on the Initial Board shall be three (3). The number of Directors serving on the Board of Directors shall be seven (7). The Initial Directors shall be named by the incorporators and shall remain in office until their successors are designated and qualified in accordance with Article IV, Section 3, below. Section 3. Composition and Voting Rights. The Board of Directors of the Corporation shall be appointed by the Council of the City of Kodiak and the Kodiak Island Borough Assembly, as follows: A. Two (2) directors shall be appointed by the City of Kodiak; B. Two (2) directors shall be appointed by the Kodiak Island Borough; and C. Three (3) directors shall be jointly appointed by the City of Kodiak and the Kodiak Island Borough. At least two (2) directors shall represent the interests of Kodiak Community BS /AI crab harvesters, and at least two (2) directors shall represent the interests of Kodiak Community BS /AI crab processors. Except as otherwise provided in the Corporation's Articles of Incorporation or these Bylaws, approval by a three - fifths (3/5) vote of the directors present at or participating in any meeting is required for all Board action. Section 4. Meetings. Meetings of the Corporation's Board of Directors shall be held at times and places designated by the Board. Special meetings of the Board may be called by a majority of the Board or by the President. Participation in a Board meeting by means of a telecommunications device that allows all parties to hear each other at the same time shall be the equivalent of presence in person at a meeting. Section 5. Public Participation at Meetings. Members of the public shall be permitted to attend and shall be given an opportunity to be heard at all meetings of the Corporation's Board of Directors; provided that the Board may from time to time enter closed executive session as permissible under Alaska statutes. Section 6. Notice of Meetings. Notice of each meeting describing the matters to come before the Board at that meeting shall be given in writing to each director by mail, facsimile, or electronic mail transmission, not less than three (3) days prior to the meeting. In addition, reasonable public notice of any meeting of the Corporation's directors, which notice shall include the meeting's date, time, and place, shall be given at least three (3) days in advance of the meeting, in accordance with A.S. 44.62.310(e). Section 7. Waiver of Notice. A director may waive any notice required to be given by signing a written waiver either before or after the meeting. A director may not waive the failure to give public notice per A.S. 44.62.310(e). Section 8. Presumption of Assent: A director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless: A. The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; B. The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or C. The director files a written dissent or abstention with the presiding officer of the meeting before its adjournment or with the Corporation within a reasonable time after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Section 9. Quorum. Presence of five - sevenths (5/7) of the directors shall constitute a quorum for the transaction of business at all meetings Section 10. Action Without a Meeting. The Corporation's Board of Directors may not take action without a meeting. Section 11. Removal. A director may be removed from the Board of Directors at the discretion of the entity or entities that appointed such director. A director may also be removed by the Board if he or she is absent from three (3) consecutive Board meetings without being excused by a majority of the other directors. Section 12. Remuneration. No stated salary shall be paid directors for their service, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Board; provided, that nothing herein contained shall be construed to preclude any director from serving the Corporation in any other capacity and receiving compensation for such service. Members of committees of the Board of Directors may be compensated for attending committee meetings. ARTICLE V - COMMITTEES Section 1. Designation. The Board of Directors may appoint committees to assist and advise the Board with those functions, powers, duties, and tenure as the Board deems appropriate. Each committee shall consist of at least two (2) directors and such other persons as the Board may designate who need not be members of the Board of Directors. Section 2. Limitation of Committee Powers. Committees shall exercise advisory authority only, and any committee recommendation shall require subsequent action by the Board of Directors before binding the Corporation. Without limiting the foregoing, no committee shall have the authority of the Board of Directors to amend, alter, or repeal these Bylaws; to elect, appoint, or remove any member of any such committee or any officer or director of the Corporation (except as previously provided herein); amend or restate the Corporation's Articles of Incorporation; adopt a plan of merger or consolidation with another corporation; authorize the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation; authorize the voluntary dissolution of the Corporation or to revoke proceedings therefor; adopt a plan for the distribution of the assets of the Corporation; amend, alter, or repeal any resolution of the Board of Directors; adopt or amend the budget of the Corporation; or act as otherwise prohibited by law. ARTICLE VI - OFFICERS AND EXECUTIVE DIRECTOR Section 1. Number and Title. The officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. In addition, the Board may authorize the appointment of an Executive Director of the Corporation in accordance with Section 8, below. The Secretary and the Treasurer may be, but need not be, members of the Board. Section 2. Election. Officers shall be elected annually, at the first meeting following appointment of the Board. The Initial Directors may elect interim officers, who shall hold office only until the Board of Directors is appointed. Section 3. Term. Officers other than those elected by the Initial Board shall hold office for one (1) year terms, and all officers shall serve until their respective successors are elected and qualified. Section 4. Resignation. Any officer of the Corporation may resign at any time by giving written notice to the Board of Directors, or to any other officer of the Corporation. Any such resignation is effective when the notice is delivered, unless the notice specifies a later date, and shall be without prejudice to the contract rights, if any, of such officer. Section 5. Removal. The Board of Directors may remove any officer or agent appointed by it, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the person so removed. Section 6. Vacancies. If the office of any officer becomes vacant by any reason, the directors may appoint a successor who shall hold office for the unexpired term. Section 7. Salaries. The salaries, if any, of the officers shall be fixed from time to time by the Board of Directors. Section 8. Executive Director. At the discretion of the Board of Directors, and upon the approval of all directors, the Board may authorize the Corporation to retain an Executive Director, who shall be responsible for the administration and management of the Corporation and be directly responsible to the Board of Directors. If the Board of Directors authorizes an Executive Director, the Executive Director shall be appointed and may be removed by the President, subject to the approval of a majority of the Board of Directors. The Executive Director may, but need not, be a director of the Corporation. ARTICLE VII - DUTIES OF OFFICERS Section 1. President. The President shall preside at all meetings of the Board of Directors and shall have such other powers as provided by these Bylaws or as are delegated by the Board of Directors. The Board of Directors may authorize the President to exercise all the powers and functions of the Board of Directors in the management and discretion of the affairs of the Corporation, provided that under no circumstances may the President take action that is contrary to the direction of the Board of Directors or otherwise exceeds the limitations set forth in Article V, Section 2 (which shall apply to the President as though the President were a committee). The President shall prepare, or cause to be prepared, and promptly sent to the Board of Directors, reports on any action he or she takes on behalf of the Corporation. Section 2. Vice President. The Vice President shall, in the absence or disability of the President, perform the duties of the President and such other duties as may be assigned by the Board of Directors. Section 3. Secretary. The Secretary shall supervise the keeping of the minutes of all meetings of the Board of Directors of the Corporation. The Secretary shall have charge of such books and papers as the Board of Directors may direct, including without limitation those records specified in Article VIII, below, which shall, at all reasonable times, be open to the examination of any director upon reasonable notice to the Secretary. The Secretary shall arrange to provide proper notice of all meetings of the Board of Directors. �3 Section 4. Treasurer. The Treasurer shall supervise the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Corporation. The Treasurer shall arrange to have all assets received by the Corporation managed as the Board of Directors provide. Section 5. Contract Rights. The appointment of an officer does not of itself create arty contract rights in favor of the officer. A. Shall keep as permanent records minutes of all meetings of its Board of Directors and a record of all recommendations of any committee(s) of the Board of Directors; Alaska; ARTICLE VIII - BOOKS AND RECORDS Section 1. Books of Accounts and Minutes. The Corporation: B. Shall maintain appropriate accounting records; C. Shall keep a copy of the following records at its principal office: 1. The Articles or Restated Articles of Incorporation and all amendments to them currently in effect; 2. The Bylaws or Restated Bylaws and all amendments to them currently in effect; 3. Its financial statements for the past three (3) years, including balance sheets showing in reasonable detail the financial condition of the Corporation as of the close of each fiscal year, and an income statement showing the results of its operations during each fiscal year prepared on the basis of generally accepted accounting principles or, if not, prepared on a basis explained therein; 4. A list of the names and business addresses of its current directors and officers; 5. Its most recent biennial report delivered to the State of 6. Its Application to become an ECCE, and all supporting documents, including but not limited to all right of first refusal contracts with PQS and /or IPQ holders; /1 7. Records related to every right of first refusal offered to the Corporation, its response to the same, and all related documents; and 8. All reports the Corporation may submit to the National Marine Fisheries Service or the State of Alaska. Section 2. Copies of Resolutions. Any person dealing with the Corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors or shareholders, when certified by the President or Secretary. ARTICLE IX - MISCELLANEOUS PROVISIONS Section 1. Checks and Notes. All financial instruments of the Corporation shall be signed by the officer or officers designated by the Board of Directors. Section 2. Fiscal Year. The fiscal year of the Corporation shall be from January 1 through December 31. Section 3. Deposits. All funds of the Corporation not otherwise employed shall be deposited in interest - bearing accounts selected by the Treasurer and approved by a majority of the directors. Section 4. Acceptance of Gifts, Donations, etc. No gift, donation, bequest, or subscription to the Corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Conflict of Interest. A director may be present during and participate in discussion and action regarding any Corporation transaction with respect to which a director has a direct or indirect material financial interest if and only if: (a) the director discloses the material facts of his or her financial interest; (b) the Board authorizes the conflicting interest transaction by a vote sufficient to meet the Board action requirements of these Bylaws, without counting any interested director's vote; and (c) the Board can demonstrate by clear and compelling evidence that the transaction is reasonable and fair to the Corporation at the time it is authorized, approved, or ratified. If any of the foregoing conditions are not satisfied with respect to any transaction involving the Corporation in connection with which a director has a direct or indirect material financial interest, such director may not be present during and may not participate in any discussion or action with respect to such transaction. ARTICLE X - PARLIAMENTARY PROCEDURE The most recent edition of Robert's Rules of Order shall govern questions of parliamentary procedure at all meetings of the Board of Directors, the Executive Committee, or any other committee of the Corporation. ARTICLE XI - AMENDMENTS These Bylaws may be amended or replaced at any regular or special meeting of the Board of Directors by unanimous vote of all directors, provided that no change to the Bylaws shall be made unless the notice of the meeting at which they are changed: (i) specifies the proposed change as a purpose of that meeting and (ii) provides the text of the proposed change as part of the meeting notice. ARTICLE XII - INDEMNIFICATION, INSURANCE, AND BONDING Section 1. Officers and Directors. The Corporation shall indemnify and defend all present and former directors, officers, employees, and agents of the Corporation against any expenses of any proceeding (including by or in the right of the Corporation) to which they are parties because they are or were directors, officers, employees, or agents of the Corporation, all as defined and to the fullest extent permitted by law. Section 2. Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was serving at the request of the Corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article. Section 3. Bonding. The Board may require that any person authorized to sign checks for the Corporation shall furnish, at the expense of the Corporation, a fidelity bond in such sum as the Board shall prescribe. (C9 U: \RSGT\CORPORATE\ BYLAWS- ECC- ECCO.DOC ADOPTED: March 2005. , President ,Secretary ARTICLES OF INCORPORATION OF KODIAK FISHERIES DEVELOPMENT ASSOCIATION The undersigned incorporators hereby adopt the following Articles of Incorporation: ARTICLE I The name of the corporation is Kodiak Fisheries Development Association (the "Corporation "). ARTICLE II The Corporation shall have perpetual duration. ARTICLE III The Corporation is organized exclusively to promote the social welfare of the City of Kodiak and the Kodiak Island Borough (together, the "Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue Code of the United States (as the same may be amended, supplemented, or replaced from time to time, the "Internal Revenue Code "). Subject to the foregoing, the specific purposes for which the Corporation is organized are as follows: A. To act as an Eligible Crab Community Entity ( "ECCE ") on behalf of the Kodiak Community for purposes of exercising rights of first refusal in connection with proposed transfers of processor quota shares and individual processor quota, pursuant to the Bering Sea /Aleutian Island crab rationalization program regulations set forth at 50 C.F.R. part 680, as the same may be amended from time to time (the Regulations"); B. Subject to the Council of the City of Kodiak and the Kodiak Island Borough Assembly specifically authorizing it to do so, to act as an Eligible Crab Community Organization ( "ECCO ") for the Kodiak Community for purposes of holding crab rationalization quota shares on behalf of the Kodiak Community and making the resulting individual fishing quota available to residents of the Kodiak Community; and C. In general, to exercise those powers set forth in AS 10.20.005, et seq., as now enacted or as may hereafter be amended, and to exercise such other powers that now are or hereafter may be conferred by law upon a corporation organized for the purposes set forth herein or that are necessary or incidental to the powers so conferred, subject only to such limitations that are or may be prescribed by state or federal law, any resolution of the Council of the City of Kodiak or the Kodiak Island Borough Assembly, these Articles of Incorporation, and the Corporation's Bylaws, including without limitation the limitations placed on organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code. ARTICLE IV Provisions for regulating the affairs of the Corporation, including provisions for distribution of assets on final liquidation, are as follows: A. The Corporation shall not engage in any transactions or activities prohibited by the applicable sections of Subchapter F of Chapter 1 of the Internal Revenue Code, or of the Alaska Nonprofit Corporation Act, as they are now in effect or may be afterwards amended, supplemented, or replaced. B. No more than an unsubstantial part of the Corporation's activities shall consist of unrelated trade or business as defined in Section 513 of the Internal Revenue Code. C. No part of the net earnings of the Corporation shall inure to the benefit of any private individual, or any officer, director, employee, or agent of the Corporation or substantial contribution to it, except as reasonable compensation for services actually rendered to the Corporation. D. No loan shall be made by the Corporation to any director or officer of the Corporation. E. The Corporation shall not directly or indirectly participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office, ballot initiative, or other voter resolution, nor shall any substantial part of its activities consist of attempting to influence legislation by propaganda or otherwise. '4 F. The Corporation shall be dissolved in accordance with the relevant provisions of the Alaska Nonprofit Corporation Act, AS 10.20.290 et seq. Upon dissolution of the Corporation, its assets shall be distributed to organizations whose purposes and activities are substantially the same as those of the Corporation for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or shall be distributed to the federal government or to a state or local government, for a similar public purpose. Any such assets not so disposed of by the Corporation in the course of winding up its affairs shall be disposed of by a court of competent jurisdiction in the judicial district in which the principal office of the Corporation is then located, exclusively for such exempt purposes or to such organization or organizations as said court shall determine are organized and operated exclusively for such exempt purposes. Corporation; G. The Corporation shall have no members. H. The management of the Corporation is hereby vested in its Board of Directors. The number of directors, their terms, and their qualifications shall be as specified in the Bylaws of the Corporation. ARTICLE V LIMITATION OF LIABILITY A director of the Corporation shall not be personally liable to the Corporation for monetary damages for conduct as a director, except for: A. Any breach of the director's duty of loyalty to the B. Acts or omissions involving intentional misconduct by the director or a knowing violation of law by the director; or C. Any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. If the Alaska Nonprofit Corporation Act is amended to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by the Alaska Nonprofit Corporation Act, as so amended. Any repeal or modification of the foregoing paragraph by the Corporation shall not adversely affect any right or protection of a director of the Corporation with respect to any rights or omissions of such director occurring prior to such repeal or modification. ARTICLE VI REGISTERED AGENT The name of the initial registered agent and the address of the initial registered office of the Corporation are: National Registered Agents, Inc. 801 West 10th Street, Suite 300 Juneau, Alaska 99801 ARTICLE VII INITIAL DIRECTORS The Corporation's initial Board of Directors shall consist of three (3) persons who shall serve until their successors are elected and qualify. The names and addresses of the initial directors are: Name: Ms. Linda Freed Address: Name: Mr. Jerome Selby Address: Name: Mr. Joseph Sullivan Address: are: The names and addresses of the incorporators of the Corporation Name: Ms. Linda Freed Address: Name: Mr. Jerome Selby Address: Name: Mr. Joseph Sullivan Address: EXECUTED this day of March, 2005. ,Incorporator , Incorporator ,Incorporator ARTICLE VIII INCORPORATORS U: \JMST\ DOCUMENTS\ ARTICLES OF INCROPORATION- KODIAK ECCE -3488. W2A.DDC t 4 , 0 01 m H c cm c a� 0 E C N 'O N m T 01 = = GI D 'J .0 7 c C C o O a E a) m c co N m c— c U ;o = d N a d O C u N 0 O N n 0 U) u_92 CO 0 co N N X= V f♦ 0 >00 Cr 00 Q Z a rnm m M 1 C mw V L a 0 0 E2 U a - 2 0 0 EE 0 C C U Q ( 0 0 0 0 0 - - CO co V N O O r O CL CL o N co U N o N N ` o co J N O N V ci v o w Y N 1 : 2 4 = o pm 0 • 7 TJ C J v C W 0) =i N (Q N 0 LL'O O W NO O y N M : M V Q Y U) m N N @ r Q ij N W ) DM J I- m O a O U) O p M V Y U m - o _ 2 —,M(90) M C O m u l O m O O O O O O O O 0-10-0-H-10-1-1 0) O 07 J > N O N `) N c R. • J w U C Y w J C 0 ) a a c 3 d d ZU)JmOU Lis Linda Freed, Manager City of Kodiak 722 Mill Bay Road Kodiak, AK 99615 Dear Ms. Freed: June 17, 2005 RE: Request for an assignment of Lease- Lot 2, U.S. Survey 2538 Construction of Community Swimming Pool Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9343 Fax (907) 486 -9394 E -mail: bcassidy @kib.co.kodiak.ak.us 01 41 mar% iz ,..- N uu" 'St {xe 1 ,6 c ved N cc) Ctty Kodlap ent 4 � / c 9 1c-eZ1. This letter requests identification of any issues and a determination of the City's procedure to have the lease of the wooded area between the National Guard Armory and the Kodiak High School assigned to the Kodiak Island Borough for the construction of the new community pool facility. Presently this site, legally, described as Lot 2, U.S. Survey 2538, is leased to the City of Kodiak by the by the State of Alaska for "construction of a municipally owned and operated swimming pool, and city youth center and for no other purpose." Interestingly enough our community forefathers were insightful enough to secure this lease for a period to 55 years in 1965. Now over 40 years later we have the opportunity to confirm their vision with the construction of a new pool facility. This site is once again the preferred location for a new community pool. The reasons to construct this facility at this site are as valid now as they were that cloudy rainy aftemoon in December 1965 when then Mayor, Pete Deveau, signed the lease on behalf of the City Council and the Citizens of Kodiak. The reasons include: • This site is adjacent to the existing high school, middle school and elementary school complex. The location will provide easy access to the pool; • Kodiak is a maritime community and learning how to swim as well as offering a controlled environment in which to teach maritime safety is important; • The new pool will be centrally located and within walking distance to the densely developed neighborhoods within the city limits; and • The school swim team is a major user of the existing facility and having the pool within walking distance of the community's schools is of great value. Also of importance is the need to have the facility located on or adjacent to an existing school facility to become eligible for State of Alaska reimbursement of 60% of the construction costs. We all recognize that an opportunity for the state to participate in funding a local project that was identified 40 years ago plus provide a 60% reimbursement of construction costs is a very rare event. As stated in the original lease, approval to assign the lease requires approval from the state of Alaska and the Department of Military Affairs. I will be communicating with the state on any issues they may have. Should you have any questions, 1 would be pleased to respond. Sincerely, 7/ Bud Cassidy, Director Engineering and Facilities cc: Rick Gifford, Manager THIS INDENTURE of Lease, made this 21st day of December 1965, between the State of Alaska by its agents, DEPARTMENT OF MILITARY AFFAIRS, party of the first part, hereinafter called Lessor, and the CITY OF KODIAK, a municipal corporation, party of the second part, herein- after called Lessee. WITNESSETH: That the Lessor, subject to conditions of an agreement No. DA- 95- 514 -NG between the State of Alaska and the United States Government dated 29 October 1957, does hereby lease unto the said Lessee a certain parcel of land which'is a portion of U. S. Survey No. 2538 located in the City of Kodiak, Alaska, Third Division, State of Alaska and being more particularly described as follows: TO HAVE AND TO HOLD the said demised premises for a term of fifty - five (55) years commencing on the 21st day of December 1965 and ending at 12 o'clock midnight on the 20th day of December LEASE Commencing at the N.W. corner of the intersection of Sixth Avenue and "J" Street; thence S. 55 17' W. a distance of Four Hundred Sixty Feet, (460'); thence N. 34 43' W. a distance of Four Hundred Sixty Feet, (460') to the true - point of beginning; thence N. 34 43' W. a distance of Three Hundred Fifty Feet, (350'); thence N. 55 17' E. a distance of Two Hundred Feet,_ (200'); thence S. 34 43' E. a distance of Three Hundred Fifty Feet, (350'); thence S. 55 17' W. to the point of beginning a distance of Two Hundred Feet, (200'). This is a rectangular tract of land containing 1.61 acres more or less, 2020 , at a yearly rental of One Dollar ($1.00) per year, and other good and valuable considerations. This lease is, however, subject to the following terms and conditions which the parties hereto do hereby agree to fully observe, keep and perform: 1. The Lessee agrees that the property described herein is for the purpose of construction of a municipally owned and operated swim- ming pool, and city youth center, and for no other purpose and the property so leased a11 be limited to that use. G� 2. The Lessee agrees that it will construct at its own expense adequate parking facilities adjacent to said pool and youth center and under no circumstances will National Guard Property be used by the Lessee for parking. 3. The Lessee agrees that the Lessor shall be held harmless and free from liability of any nature in connection with the Lessee's operation of said swimming pool and youth center or the construc- tion thereof and that the Lessee shall maintain during the life of this lease at his expense a Public Liability Policy protect- ing any exposure the State may suffer due to the facility being located upon State owned property. 4. The Lessee agrees that it will submit to the Lessor all plans and specifications'for the proposed construction of said pool and youth center and the sane shall be approved by the Lessor before the same shall be used and the Lessee further agrees that the Swimming Facility Building, youth center and parking area shall be located at least seventy -five feet (75') from the Armory Building. 5. The Lessee agrees that it will construct at its own expense a road for use in ingress and egress to said pool and youth center and such roadway shall not be on the property belonging to the State of Alaska except on that property included in this Lease. 6. The Lessee agrees that it will not assign any rights acquired by this Lease, without first obtaining the written permission of the Lessor. - 7. In consideration of the premises the Lessor hereby grants to the Lessee the exclusive right and option to renew or extend this lease for a further term of years to be agreed by the parties hereto; it being agreed and understood that the option to renew this Lease shall be exercised under the following terms and conditions: The Lessee shall give notice to the Lessor of its desire to renew this Lease at least six months prior to the expiration date; it being understood that if the Lessee shall fail to give such notice in writing then the Lessee shall for- feit its right to exert the option to renew this Lease, at the option of the Lessor; it also being agreed and understood that in the event the option rights shall be exercised, the covenants and conditions contained herein shall be binding on the parties hereto, unless any shall be changed by mutual agreement of the parties hereto. 8. Lessee further agrees that the Alaska National Guard shall have use of the civic youth center and swimming pool facility for training purposes during such times as agreed upon by the Alaska National Guard and the City of Kodiak. At least four hours each month shall be allotted for exclusive use by the Alaska National Guard for training purposes. 9. It is mutually agreed between the parties hereto that this lease may be modified or changed by mutual consent. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first hereinabove written. DEPARTMENT OF MILITARY AFFAIRS, CITY OF KODIAK, LESSOR LESSEE By: By: / 1/ ///a.m...: ? d21c S. STATE OF ALASKA Director, Division of Lands -3- 68 II �� ldtltiUE (ROWEL AV L.) 1 ' S• '�c u• AYl1 n r uo or lC - stannic 149 FIT) I t i — • 1 , • I � l . . ` / •-- IP%t0 %su1E TREE LINE / J t coe .- w , EXISIMG CURB AND GM9t� N 34•4215 "W 349.9? N 34•43 349.57 7 Ate atv 3 VEBT 114 i 2 S ■ /6 7 aim 1 AY '111 U1118110 .16'661 M.SI2t.t N photo - lease area CITY OF KODIAK RESOLUTION NUMBER 05-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK ESTABLISHING FUNDING CRITERIA FOR NONPROFIT GRANTS WHEREAS, the City Council recognizes and supports local nonprofit organizations and has historically made funding available to these organizations on an annual basis; and WHEREAS, it has been determined that the appropriate total amount of City funds to grant to nonprofit organizations is a maximum of one percent of budgeted general fund revenues, exclusive of any fund balance appropriation; and WHEREAS, City funds have been provided to nonprofit organizations that supplement and compliment the services provided to residents by the City; and WHEREAS, the State of Alaska Revenue Sharing program, which provided the historical funding base for nonprofit organizations, has been eliminated. NOW, THEREFORE BE IT RESOLVED that the Council of the City of Kodiak, Alaska hereby establishes the following additional funding criteria for nonprofit grants provided by the City 1. Organizations receiving funds must be legally recognized by the Internal Revenue Service. 2 Funding will be granted only for the following kinds of programs /activities and up to the maximum identified funding amount per organization and program type: Youth Recreation Programs $2,500 Adult Recreation Programs $5,000 Public Safety Support Programs $10,000 (Shelter/Food) Emergency Response Support Programs $10,000 3. Subject to the total amount of funding available, in order to minimize the impact of potential funding cuts and/or gains to organizations as a result of the implementation of these caps, no organization will receive ten percent (10 %) less and/or more than in the previous funding year. 4. Applications will be accepted only from organizations funded in FY'05. U ® � AT EST: CS it DEPUTY CITY CLERK CITY OF KODIAK MAYO &if Adopted: May 26, 2005 (This page intentionally left blank) CITY OF KODIAK RESOLUTION NUMBER 05-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AUTHORIZING PAYMENT OF FISCAL YEAR 2006 NONPROFIT ORGANIZATION GRANTS AND IN- KIND CONTRIBUTIONS WHEREAS, the City Council recognizes and supports local nonprofit organizations and has made provisions in the Fiscal Year 2006 budget for cash contributions and in -kind donations to these organizations; and WHEREAS, the City Council supports these nonprofit organizations because they supplement and complement services provided to residents by the City; and WHEREAS, several nonprofit organizations provide direct services to residents on behalf of the City government; and WHEREAS, the funding criteria for cash grants to nonprofit organizations in FY'06 was clarified with the adoption of Resolution No. 05 -20; NOW, THEREFORE, BE IT RESOLVED that the Council of the City ofKodiak, Alaska, hereby authorizes payment of the following Fiscal Year 2006 nonprofit organization grants and in -kind contributions: General Fund - Non - Departmental Contributions (Nonprofit Organization Grants) * *utility, land, and rent values are estimated ** Youth Recreation Programs Cash Hope Community Resources, Inc. 2,500 Kodiak Arts Council 2,500 Kodiak Football League 3,600 Kodiak Girl Scouts 2,200 Kodiak Kid Wrestling Club 1,800 Kodiak Little League 2,700 Kodiak Kingfishers Swim Team 2,500 Special Olympics - Kodiak Area 2,500 Kodiak Head Start Adult Recreation Programs Hope Community Resources, Inc. 800 Kodiak Arts Council 11,000 Senior Citizens of Kodiak, Inc. 5,000 Special Olympics - Kodiak Area 1,100 Resolution No. 05 -24 Page 1 of 2 In -Kind 1,907 S/W 24,336 Rent 6,144 S/W Public Safety Support Programs (Shelter/Food) Brother Francis Shelter - Kodiak 8,800 Kodiak Food Bank/Baptist Mission 2,200 Kodiak Women's Resource and Crisis Center 10,000 Senior Citizens of Kodiak, Inc. 10,000 The Living Room 1,880 The Salvation Army 3,070 Emergency Response Support Programs American Red Cross - Kodiak Chapter 3,795 - Civil Air Patrol - 1,530 S/W 9,250 Land Kodiak Public Broadcasting Company 10,000 690 S/W School Crossing Guard Program 24,000 (off-set by $12,000 from the Kodiak Island Borough) General Fund - Parks and Recreation Kodiak Historical Society - Museum Operations 50,000 1,530 S/W - Building Improvements 172,000 2,738 Fuel 3,174 Electricity 1,440 Maintenance Kodiak Garden Club - Beautification 800 General Fund - Police - Animal Control Kodiak Humane Society - Animal Shelter Operations 64,500 General Fund - Non - Departmental - Administration Kodiak Chamber of Commerce - Econ. Development 33,000 Plus AMHS rent payment pass through 14,160 (Chamber functions as building manager) Plus KICVB direct rent payment to Chamber 3,720 Special Revenue Funds - Tourism Development Fund Kodiak Island Convention and Visitor's Bureau 80,000 12,408 Rent Kodiak Chamber of Commerce /Litter 6,000 Alaska Marine Highway System Kodiak Maritime Museum Whale Fest ATTEST: L& Resolution No. 05 -24 Page 2 of 2 CITY CLERK CITY OF KODIAK 33 600 Adopted: June 30, 2005 3,825 S/W 14,688 Land 2,295 S/W 2,295 S/W 2,295 S/W 21,504 Rent 2,520 4,800 Rent Rent KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -02 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Manager Gifford Introduced: 07/07/2005 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2006 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, .through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough fiscal year 2006 budget includes contributions to non - profit organizations in the amounts indicated on page two of this resolution. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 ATTEST: Jerome M. Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough Alaska Resolution No. FY2006 -02 Page 2 of 2 KODIAK ISLAND BOROUGH J C O M N N ? Q LL J0 M m Z 0 26 N N Z Q u. 0 z 6 z LL H 1 _ LL W CC 0 O. LJJ 0 0 C 0 0 N LL W 0 m w N -J 0 0 4) di S J ¢ w S O W N (9 O 0 49 8 N 43 8 In N 4i N 49 4) 4) 0 S 0 O w Q z U w a) 0) M 49 0 0) 49 43 43 CC W J w S 4) co 0 Q Q LL cc w S O Q m O O 1D 43 O 0 43 O O 1() 43 0 O (0 43 0 8 0 43 (1) w 0 0 W S H z 7 0 0 w a 0 S O O O 43 0 N O 43 co 0) 0) 43 0 0 0 43 0 O 0 0 43 2 W } 4) F 0 z 1 - H w 0 0 0 0 ([) N 43 0 N M 49 8 O N 43 0 0 co 43 0 0 0 ((1) 43 z 0 N 4) 2 0) 0 m 0 0 43 43 0 N r 69 0 m Q 2 4) 0 CO 0 S 0 z 0 J 0 z 0 0 0 0 O co N 4i O O O N 69 ( M 49 43 43 43 0 Z J U Z 0 0 l] z 7 0 W S 0 S 0 z 0 Q 0 0 7 49 N a 43 co N 43 0 N 43 O 43 43 cc W F- 2 w 0 V1 4) 0 05 W 0 7 0 W Q N z w 0 ¢ 0 0 43 43 0 0 V 43 O l0 4i O O 11) 43 4) w 0 Q W 0) x 0 Y 0 0 O 0 0) 43 0 N 43 O 0) 69 O co 0) 43 O 0) 43 } 2 Q 2 O O n n N 43 CO 0 0 N 49 N N 43 43 O 0 w 0 4) z w N 1- 0 Q 0 z w 4) O OD 1D 49 0 O 43 O co 43 8 O 43 8 0 43 m 0 a J 0 0 W n. 4) 1n (0 0 43 0) co oS 43 10 0) O 43 1n 17:3 r 49 o (0 43 0 w 0 cc W 4) 0 J O S 4) w Q H M 1 0) T N 0 m N co 0 uJ W V) - J 0 0) all S J w 2 N CD 0) 43 N O 0) 49 co 43 Z 0 w W w W S 0f o W F Q O V) 0 zw O S Q 00 69 O 8 N 4i O O N 43 8 0 N 43 W_ S Q m J m O W 43 O W r- 0 '0 43 O 43 O 03 43 0 0 1 0 J m a O O 10 49 O 8 Le 49 0 O N 43 O O ID 43 O 8 W 43 J 0 z 7 0 0 Q Q 0 0 N 49 Cr) n 43 8 O O 43 O O (0 43 0 0 (0 43 w w J 0 0 0 0 O O M co O N 49 0 O N 43 O O 43 43 w Q w J J CO 0 0 0 0 0 0 .. 43 0 O N 49 0 N r- 4i 0 0 N r 49 O O (V r 49 O O 69 0 10 N 43 0 O 49 O O N 4i ( O N 43 CO 1- 0 0 4) J Q Q 0 0 O O 43 O N 49 0 O N 0 N 69 8 43 Z 0 0 0 co co 4) Q Z w 2 S 0 m 0 $ 0 Q 0 0 0 O 0 N n 43 0 O M 43 O O m in 43 8 to 43 w 0 W J w J ¢ 0 0 O O L q 43 O ' 8 43 0 (0 43 O O 10 a 69 8 0 O 43 M 49 O O 0) 43 43 O 0 43 O CD 43 2 0 Z W w H 0 0 co O N 49 O W N 43 O O N 43 w w H Q 0 0 43 N 0) 43 0) O 4) N N r 69 0 0 S 0 4) 4) S Q CO N N ID T N s H CO M N 43 co 0) N 4 0 43 0 m V) Z 0 W 2 0 W 2 05 W cc 0 Z 0 U C W 1 N O O 0 n 43 O 0 O 1n 49 2 0 0 0 4) Q 0 cc z 0 Q 0 2 0) Q 0 0 Z w 0 Z Q J J Q Z J 0 m z Q 0 Q w 2 2 0 Q 0 O 43 0 N N O .0 o. y 0) 0 0 1_)) n ¢ d 2 July 5, 2005 To: Linda Freed City Manager City of Kodiak Re: June Monthly Report Wednesday, February 15 Tuesday, February 21 (2/20 is President's Day) Wednesday, February 22. Capitol Associates P. 0. Box 35901 Juneau, AK 99803 907-463-3531 (Ph) 907 - 463 -3540 (Fax) capassoc @ptialaska.net The Governor signed into law this month HB 249, the E911 amendments, and SB 46, the capital budget. He only lightly exercised his line item veto power on the bill. He did not cut any of the major appropriations that would benefit the city, including the 2 million for the Marine Travel Lift and the 1.7 million to complete the Rezanof project. Similarly, the E911 bill was needed by virtually all municipalities to assist them in developing enhanced 911 service and many problems had been worked out with the language in the previous sessions. We have begun to work on the reception for next January. We have been in contact with the Baranof Hotel about possible dates and competing receptions. The first day of the next session is January 9, 2006. The seafood processors luncheon will likely be held the last week of January. The NPFMC meeting is scheduled for February 6 — 14. The Treadwell Room is already being booked for receptions for next year, but the following evenings are available As groups are more aggressively booking receptions for early next session, it is not too early to be thinking about the reception date for next year. The Governor and his staff are busy working on the proposed natural gas pipeline contract with the oil producers, Trans — Canada and the Alaska Gas Pipeline Authority. The Governor is trying to have two or more proposals to present to the legislature for study by this fall. The Governor recently assigned his chief of staff to personally supervise the negotiations. It is anticipated that oil prices will remain relatively high during the coming year. In addition, it will be an election year Thus, there is a possibility of another somewhat more generous than normal capital budget next session. N 0 V in O N N 0 a) N C0 N 0 CO CO m CO co m . - T CO 0 D O = t C "' O "O c) Ur - O J N fn -O N O c O • O d N d X 0 0 'O 0 0 0 0 a w Cti 4) ca 4 CO C U U c U U 0 a5 O O LO ✓ `6 d a0 0) Lc) CO O) OD O) N 0 N to N 0 aS J > 0 N C C j O C CU 0 CO 0 U cc CO 0 y= U C J 0 CO 0 ' O N C 0 N a 0 0 0 0 -- L 0 Z fn Jm0' 0 _1 c0 co co ci ® o ai '- o) r -- KIB/COK Land Trade - photo KIB/COK Land Trade - photo KIB/COK Land Trade KIB/COK Land Trade - photo KIB/COK Land Trade - photo KIB/COK Land Trade - photo KIB/COK Land Trade - photo 14 June 2003 Mr. Pat Carlson, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Carlson: Over the past winter and spring, the public restroom at the Salonie Creek Rifle Range was completely destroyed by winds. In the past vandals were the culprits, but this time Mother Nature was the cause. Under the lease, Section LWCF Grant, Item I, "KIB is expressly responsible for the construction of handicapped accessible restroom facilities." KISA realizes the Borough does not have the funds at this time to contract out the replacement of that needed facility, therefore, the KISA Board would like to help by offering the labor force of our organization to rebuild it at a lesser expense to the Borough. We have obtained approved plans for restrooms used in state park areas and would like to discuss these plans with you and your staff. The plans call for prefab units made outside of Alaska for a cost of about $8,000 plus shipping. KISA however, does have members familiar with this type of construction and feels that by building the frames and pouring the cement locally, the cost for the restroom can be kept under $5,000.00. We would like consideration of a grant from the Borough in the amount of $5,000.00 or the amount for materials; whichever is less, for this project. The KISA membership will provide the 'in -kind services, i.e., the labor force needed. If you have any questions, please feel free to call me, at work 486 -8501. Members are available to meet with you, members of your staff or members of the Assembly if you desire. Sincerely, David C. King President Kodiak Island Sportsman's Association P 0 Box 1098 Kodiak AK 99615 Re: Salonie Creek Public Restroom KODIAK ISLAND BORDITH OFFICE OF THE BOROLC:1 . " RK COPI TO: ASSEMBLYMAYOR MANAGER ._L ORIGINALS TO: CLERK—FILE FAX TO A WE SELL PRODUCTS MADE IN THE U.S.A. /LI Cif " /C4 FROM: MARY M. 'THRESHER, VICE PRESIMBIT OF SALES B IR T BINDERS 11720 D MARKSBERRY LANE CINCINNATI, OHIO 45249 PHONE NO.: TOLL FREE 88&346i13b FAX NO.: 51341193334 WEB SITE: www.bthhtdersamdBansor EMAIL InhaMbludentairs REMARKS: URGENT ,{/FOR YOUR REVIEW PLEASE REPLIES $ dk T BINDERS 1S CELEBRATING OUR 11 ANNIVERSARY SERVING COUNTIES, CITIES, STATES AND THE UNITED STATES MILITARY WITH PRODUCTS MADE ESPECTAI.LY FOR GOVERNnzNT NEEDS. THANKS TO YOU WE HAVE HAD AN EXCELLENT YEAR AND WHILE OUR MANUFACTURERS WH.L RAISE CATALOG LIST PRICES ON 7/1/1005 WE HAVE INCREASED YOUR DISCOUNTS OFF OF THOSE LIST PRICES. YOUR DISCOUNTS OFF OF CATALOG LIST PRICES HAVE BEEN RAISED TO LOWER YOUR PRICE. WE ADDED VISA AND MASTERCARD TO OUR PAYMENT METHOD. WE HAVE ADDED MEDIA STORAGE PRODUCTS TO OUR PRODUCT LINE DURING THE SUMMER SALE WE WILL BE GIVING EXTRA DISCOUNTS OFF OF ANY BINDERS WITH A QUANTITY OF 13 EA OR MORE MINUTE BOOKS, COUNTY RECORD BINDERS, COURT DOCKET'S, DEED OR VITAL STATISTIC BINDERS AND METER READER BINDERS. MULTI QUANTITIES OP ARCHIVAL. ACID PREE PAPER, LINEN LEDGER OR XEROX. MYLAR ENVELOPES OR SHEET PROTECTORS FOR MAPS, FIATS OR DOCUMENTS. PORTABLE MAP OR DRAWING TUBES FOR PLANNING DEPARTMENTS OR FIRE DEPARTMENTS. ANY QUANTITY OF: CABINETS FOR MAPS/PLATS WITH CABINET QUANTITIES OF ENVELOPES FOR MAPS/PLAT9 MEDIA STORAGE SYSTEMS VERTICAL MAP OR DRAWING CABINETS VERTICAL FILE CABINETS ROLLER SHELF CABINETS PLEASE CONTACT US FORA PRK7I QUOITiAURQVC TWS EXTRA DISCOUNT SUMMER SALE THANE YOU: EXTRA DISCOUNT SUMMER SALE WE NOW HAVE: VISA AND MASTERCARD 9. PUBLIC HEARING B. Resolution No. 2003 -20D Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. WILLIAMS moved to adopt Resolution No. 2003 -20D. Seconded by BRANSON. GIFFORD: Yes, Mr. Mayor, members of the assembly. This is the resolution to establish the current fees for the year. This was discussed at your work session also, there are some increases that are being recommended by staff, and there were some adjustments that were made at your work session. So staff is recommending the blue sheet which is the corrected version for approval. Open Public Hearing Read phone numbers: Close public hearing. Local Phone Number 486 -3231 (Five minutes per speaker) Toll Free 1 -800- 478 -5736 Assembly discussion. Amendments may be offered at this time. WELLS: Again I apologize for missing the work session, but I have a question on the changes to the charges for vehicles. I noticed that we are deleting some of the charges under Title 10, keeping just the administration fee. And then under solid waste collection and disposal having some changes, so are we now assuming we will be charging that the 5475 a ton will be charged per vehicle and that is actually our break even cost, that we'd discussed? Thank you for nodding your head Bud. SELBY: That's as it was discussed at the work session Ms. Wells. SHORT: I'm going to look on the page, just so I don't make a mistake. WELLS: It's on page 7 at the bottom. SHORT: Okay, that's correct. For the junk vehicle there's administrative fee...it's deleted, and I'm trying to find.... WELLS: It looks like it's 8B under solid waste collection and disposal. SHORT: That's correct. WELLS: Great. Thank you. You guys did a good job on this. SELBY: Further discussion on the resolution? ROLL CALL VOTE ON MOTION TO ADOPT