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2005-10-06 Regular MeetingKodiak Island Borough October 6, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Reed Oswalt Assemblymember Term Expires 2005 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamations 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC Update - Martha Schoenthal B. Kodiak Kenai Cable Company Fiber Optic Cable Update - Ik (card 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. B. Reconsideration of Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a New Alaska Department of Fish and Game Research and Administrative Building on Near Island. Kodiak Island Borough Assembly Agenda October 6, 2005 Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -17 Maintenance Agreement and Upgrade of Hardware and Software o . the AS400. B. RESOLUTIONS 1. Resolution No. FY2006- 13Adopting a Capital Improvement Program for Fiscal Years 2006 Through 2010 and Establishing a Capital Improvement Projects Priority List. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. D. OTHER ITEMS 1. Southern Region Emergency Medical Services Council Board of Directors Nomination. 2. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Special Project -Plan Update. 3. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Required Tasks. 4. Resignation of Womens Bay Service Area Board Member. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Regular Meeting of July 25 and Special Meetings of August 1, 15, and 22. 2. Service Area No. 1 Regular Meeting of June 7, 2005. 3. Architectural Review Board Meeting of March 15, 2005. 4. Planning and Zoning Commission Regular Meeting of August 17, 2005. 5. Fire Protection Area No. 1 Regular Meetings of January 21 and March 11, and Special Meeting of May 20, 2003; and Regular Meetings of March 24, April 5, October 22, November 23, 2004 and February 21, 2005. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting Summaries of September 6 and 12, 2005. 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 Assemb'• Chambers. Kodiak Island Borough Assembly Agenda October 6, 2005 Page 2 Kodiak Island Borough October 6, 2005 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Reed Oswalt Assemblymember Term Expires 2005 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager 4s. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough October 6, 2005 Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION DRAFT 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamations 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC Update - Martha Schoenthal B. Kodiak Kenai Cable Company Fiber Optic Cable Update - Ik Icard 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. B. Reconsideration of Resolution No. FY2O06 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a New Alaska Department of Fish and Game Research and Administrative Building on Near Island. Assembly Agenda Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -17 Maintenance Agreement and Upgrade of Hardware and Software on the AS400. B. RESOLUTIONS 1. Resolution No. FY2006- 13Adopting a Capital Improvement Program for Fiscal Years 2006 Through 2010 and Establishing a Capital Improvement Projects Priority List. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. D. OTHER ITEMS 1. Southern Region Emergency Medical Services Council Board of Directors Nomination. 2. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Special Project -Plan Update. 3. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 200e Required Tasks. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Regular Meeting of July 25 and Special Meetings of August 1, 15, and 22. 2. Service Area No. 1 Regular Meeting of June 7, 2005. 3. Architectural Review Board Meeting of March 15, 2005. 4. Planning and Zoning Commission Regular Meeting of August 17, 2005. 5. Fire Protection Area No. 1 Regular Meetings of January 21 and March 11, and Special Meeting of May 20, 2003; and Regular Meetings of March 24, April 5, October 22, November 23, 2004 and February 21, 2005. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting Summaries of September 6 and 12, 2005. 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 Asseni,,., Chambers. Kodiak Island Borough Assembly Agenda October 6, 2005 Page 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 12.A Contract No. 97 -07 -B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. The attached lease is an amendment and restatement of the original Contract 1997 -66 with Providence Health System in Alaska to lease and operate Kodiak Island Hospital. The term of the lease is from April 21, 1997 to April 20, 2007 with an option to extend for ten years. In 1997 Providence leased the Hospital with a $2,000,000 down payment and then lease payments of $720,000 per year for the next ten years. If Providence did not lease the Hospital for the full ten years then the proportional amount of the $2,000,000 down payment would be returned to Providence Health System in Alaska. The reason for the proposed amendments is to clear up ambiguities in the original lease that have been realized from several years of operating the hospital; clean up and eliminate unnecessary provisions that are no longer pertinent, can be integrated with the amendments and recognize new confidentiality requirements; maximize cost reimbursement from Medicare /Medicaid through depreciation of equipment; and recognize the relationship with Kodiak Community Health Center ( "KCHC ") and its operations within the hospital campus. The amended lease recognizes the operation of KCHC. Currently KCHC leases its space from Providence. The amended Providence lease proposes that Kodiak Island Borough ( "KIB ") will negotiate a lease directly with KCHC and the lease payments with Providence will be adjusted accordingly to take into account the lease with KCHC. Currently, KIB purchases $150,000 of equipment for the hospital every year. Since KIB purchases the equipment, the equipment is on the Borough's books. The amended lease will provide that KIB give Providence $150,000 each year for Providence to purchase equipment. The equipment will then be on Providence's books and Providence will be able to recapture the depreciation in their Medicare /Medicaid rates. In a recent presentation at a KIB Work Session, Hospital officials estimated an increase value to the community over 10 years of approximately $600,000 generated from Medicare and Medicaid reimbursement. The amended lease deletes the profit sharing language. The amended lease allows Providence to retain any profits for use by the hospital for equipment and operations. Providence will spend 50% of each year's profits, up to $200,000 for equipment and retain the profits for the benefit of the Kodiak Island Hospital. Under the current profit sharing provision, Hospital officials indicate the need to have operating income at twice the net operating margin in order to maintain sufficient working capital to operate and to fund cash Current Contract Proposed Contract KIB purchased $150,000 in equipment each year and kept title. KIB will give Providence $150,000 to purchase new equipment each year. KIB retained half of net income (including depreciation on capital assets) less capital expenditures. If an asset is purchased and then depreciated it is a capital expenditure. Providence will keep all income. Providence will spend 50 %, up to $200,000, of the previous year's income on equipment to be used at the Kodiak Hospital. Providence had to leave a like amount of operating supplies when they left the Hospital. ($277,000) KIB will give all operating supplies to Providence. Lease payments of $720,000 per year. Providence provided an initial down payment of $2,000,000 for construction of new facility. Lease payments of $720,000 per year. reserves to replace equipment and expand services to the community. In addition, Hospital officials indicate that dividing the profits with the KIB actually is increasing costs to the community, as prices have to be significantly increased to operate at an acceptable margin. le summarizes the financial amendments to the contract: FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: The motion before the Assembly is to approve Contract No. 97 -078 with Providence Health System - Washington d /b /a Providence Health System in Alaska. AMENDED AND RESTATED LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, a municipal corporation of the State of Alaska (hereinafter referred to as "MB"), and _ _ . _ ... . _ �, �, _ e . :.�:. • • � _ SYSTEM IN ALASKA Providence Health System - Washington d/b /a Providence Health System in Alaska, a Washington non -profit corporation (hereinafter referred to as "Providence "). WITNESSETH: WHEREAS, KIB is the owner of certain real property consisting of a Health Care Facility together with improvements located thereon, and certain Equipment located in and about the Premises known as Kodiak Island Hospital and Care Center, (hereinafter referred to as the "Hospital "); WHEREAS, the Borough KIB, in the interests of sound fiscal management and to ensure the continued operation of the Hospital in a professional and efficient manner, has requested Providence to lease and operate the Hospital; WHEREAS, Providence owns and operates a number of health care facilities, that are operated in keeping with its philosophy, mission and values; and WHEREAS, Providence desires to lease the Premises and the Equipment from KIB, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and each of the parties intending to be legally bound hereby, it is mutually agreed as follows: 1.4 AGREEMENT TO LEASE: KIB agrees to lease to Providence and Providence agrees to take from KIB, the Premises and Equipment described herein, for the term and upon the terms and conditions set forth in this Agreement. 2.4 PREMISES: The real estate which is the subject matter of this Agreement is described as follows: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. iIncluding all buildings appurtenances, and improvements thereto, (herein referred to `Premises "). as lr'` =mil ty. Notwithstanding anything to the contrary, Providence recognizes and acknowledges that KIB has leased space to Kodiak Community Health Center ( "KCHC "), located in the Hospital in which Providence has leased space. 3.1 EQUIPMENT: The Equipment which is the subject matter of this Agreement is all of the Equipment presently located in or on the Premises, in an "as is" condition, and all Equipment • at the inception of this Lease Agreement and all Equipment subsequently acquired directly by the KIB. 3.2 NEW AND REPLACEMENT EQUIPMENT: The KIB agrees to provide budget a minimum of $150,000 per each year effective for the KIB fiscal year beginning July 1, 2005, for purchase or lease purchase of new and replacement Equipment for use in the Hospital for the depreciable life of the equipment unless otherwise approved by KIB. This contribution will be paid to Providence on or before January 31 of each calendar year of the Agreement. Providence will place these funds in a Funded Depreciation account for the sole purpose of purchasing or lease purchasing new and replacement equipment for the Hospital. New and replacement equipment will remain on the balance sheet of Providence for the duration of the Lease Agreement. Providence, at the termination or expiration of this Agreement, including Agreement extensions, will transfer assets in an amount equal to the estimated book value of equipment purchased with KIB contributions based upon an average useful life of 5 years. KIB-will 3.3 ADDITIONAL EQUIPMENT: Providence may purchase additional equipment to be used in the maintenance or improvement of the Hospital's operations. Such additional equipment shall be Providence's property, and shall be tagged as such. Upon termination or expiration of this Agreement, KIB may purchase any items of equipment used in the Hospital and paid for by Providence. The purchase price shall be the market value of the acquired equipment less an amount equal to an allowance for depreciation of the equipment between acquisition and termination calculated pursuant to generally accepted accounting principles. Any equipment or personal property which belongs to Providence and is not purchased by K1B may be removed by Providence after the termination or expiration of this Agreement. 4.1 TERM OF AGREEMENT: The Premises and Equipment shall be leased to Providence by KIB for a term of ten (10) years, commencing on April 21, 1997, through and including April 20, 2007, unless sooner terminated as hereinafter provided. 4.2 ADDITIONAL TERM: Provided that Providence is not in default under this Lease Agreement, Providence shall have the option to extend this Lease Agreement for one additional term of ten (10) years by providing KIB with 180 days prior written notice. The extended term shall be on the same terms and conditions of this Lease Agreement with monthly lease payments to be established by negotiation. 4.3 SURRENDER OF PREMISES: At the expiration of the term of this agreement or upon the termination of this agreement as provided for herein, Providence shall surrender possession of the Premises and Equipment to KIB as set forth under the terms of this Agreement. 2 5.1 FIRST RIGHT TO PURCHASE: KIB hereby gives and grants to Providence the first right to purchase all of KIB'S interest in the Hospital, Premises, and Equipment at any time from the date of this Agreement until the termination of this Agreement as provided for herein. Said right of first refusal shall include space leased from KIB by KCHC. KIB shall make any sale of said interest in the Hospital, Premises and Equipment between KIB and a third party conditioned upon and subject to Providence's first right to purchase as set out herein, including but not limited to space under Lease between KIB and KCHC. Providence shall have the right to accept the purchase price and the terms of the intended sale to the third party as the terms and conditions of the sale between KIB and Providence. 5.2 NOTICE: Providence may exercise its first right to purchase by executing an agreement within ninety (90) days of notice of KIB'S intent to sell its interest in the Hospital, Premises and Equipment and-Equipment, on terms and conditions as agreed between the parties. If Providence does not exercise its first right to purchase as provided for herein or enter into a purchase with KIB within ninety (90) days of the notice by KIB to Providence of its first right to purchase, then and in that event Providence's first right to purchase shall lapse and KIB may sell the Hospital, Premises and Equipment or any part thereof to said third party or any other parties on substantially the same terms stated in the notice. If KIB does not sell and convey the Hospital, Premises and Equipment within 90 days after expiration of the 90 day notice period, any further transaction shall be deemed a new determination by KIB to sell and convey the Hospital, Premises and Equipment and the provisions of this Section 5.1 and 5.2 shall be applicable. 6.4 MONTHLY LEASE PAYMENT SCHEDULE. The fixed minimum monthly lease payment during the term of this Agreement shall be SIXTY THOUSAND DOLLARS ($60,000) payable by Tenant Providence in equal monthly installments, on or before the first day of each month in advance, at the office of KIB or at such other place designated by MB, without any prior demand therefore, and without any deduction or setoff whatsoever. Notwithstanding anything to the contrary, this amount shall be reduced by the equivalent of the of the square foot cost of the hospital, not to include services, ($720,000 times percent of area used) of the premises KIB is leasing to KCHC regardless of the actual amount KIB charges KCHC for the leased space. 8:4 HOSPITAL OPERATIONS: Providence shall be responsible for the total operations of the hospital. Providence shall operate the Hospital under the name Providence Kodiak Island Medical Center. Except as otherwise stated herein, Providence assumes all the rights, duties, liabilities and obligations which shall arise out of its operation of the Hospital and other activities on the Premises during the term of this Agreement. Providence shall cause all expenses incurred in operation of the Hospital after the effective dated of this Agreement to be paid, including, but 3 not limited to, utilities, insurance, salaries, supplies, fees, benefits and other costs normally incurred in the operation of the Hospital. Providence will spend an amount equal to or greater than 50% of the net operating income, up to a maximum of $200 000. per calendar year for equipment or capital assets to be used at Hospital. These funds will be kept in a Providence Funded Depreciation account, restricted for use at the Hospital. Unused portions of these funds will be carried forward to subsequent years. Funds can also be used to pay debt obligations of Providence Kodiak Island Medical Center. At the termination or expiration of this Lease Agreement unused funds will revert to KIB. 8.2 All revenue and cash collections from patients, third party payers and other 873 7.2 SEPARATE ACCOUNTING: Providence shall maintain separate accounting records and financial statements for the operations of the Hospital and shall provide KIB with the Hospital's year -end financial statements. KIB recognizes that Providence may, at its discretion, change the fiscal year of the Hospital to be aligned with Providence Health System. 874 7.3 TRAINING: Providence may conduct medical educational training programs at the Hospital, including training of interns and residents and other medical /technical personnel, in a manner consistent with applicable governmental regulations. 83 7.4 ACCESS TO BUSINESS RECORDS: Providence shall have access to all prior financial, business, medical and other Kodiak Island Hospital books and records, including, but not limited to, admitting register books, pricing schedules of the Kodiak Island Hospital and room services, patients' insurance records, pertinent Kodiak Island Hospital personnel records and such other books and records as are necessary to the continued operation of the Hospital. Original copies of all such books and records shall be maintained and stored in the Hospital at all times. No such books and records may be destroyed without the consent of the KIB, and in no event will patient medical records be destroyed, except in accordance with federal and state laws, rules and regulations. KIB agrees to defend and hold Providence harmless against all claims, liability and expense resulting from acts or omissions of KIB in connection with such books and records and relating to the period prior to the effective date of this Agreement. KIB shall continue to be liable for the performance of all agreements related to such books and records not so assigned to Providence. 94- 8. UTILITIES: Providence shall arrange and pay for all utilities and other services to be furnished to the Premises, including gas. fuel, oil, electricity, sewer, water, telephone, and garbage collection. 4 exceed $520,000. 4 9 TAXES: Providence shall be responsible for and shall pay before delinquency all governmental taxes, assessments charges or liens assessed during the term of this aA_greement against any leasehold interest or property of any kind or income or sales of any kind related to the Premises. KIB acknowledges that Providence will be entitled to a property tax exemption for property used exclusively for non - profit hospital purposes pursuant to AS 29.45.030(a)(3), except to the extent that the leasehold Premises are used by non - exempt parties for their private business purposes as elaborated in Greater Anchorage Area Borough v Sisters of Charity, 553 P.2d 467 (Alaska 1976). Providence may contest, by appropriate proceedings, any tax assessment, charge or lien, but such contest shall not subject any part of the Premises or Equipment to forfeiture or loss. Providence and KIB agree to negotiate in good faith regarding any KIB property taxes levied or assessed on the Premises and Equipment owned by KIB and leased to Providence, or any property owned by Providence during the term of this Agreement. 10. SUPPLIES: Providence shall take ownership all of the supplies maintained at the Hospital at the commencement of this Lease Agreement. Providence shall supply and maintain all expendable Hospital supplies as may be required in Providence's discretion for the proper operation of the Hospital. Providence shall, as part of its cost of operating the Hospital, supply and maintain all expendable hospital/medical supplies as may be required in Providence's discretion for the proper operation of Hospital. Upon termination of this Agreement, Providence 'action tho numerator of which is the Consumer Price Index for all itoms for tho ar a KIB has the option to purchase all of the supplies in inventory as well as floor stock items maintained at the Hospital. 12.1 11. USE: Providence shall use and operate the Premises for a general acute care hospital, extended care facility, home health care provider, retail pharmacy and for any additional health care related purposes as may be appropriate. Providence shall provide, equip and maintain adequate facilities for the continuation of full range general medical and surgery services as economically feasible and warranted by the local physicians' levels of ability and the reasonable needs of the community, as determined in Providence's sole discretion and in accordance with the terms and conditions as set forth in this Agreement. Contingent on Borough approval Providence may convert parts of the Premises into use for other related purposes consistent with KIB 's obligation to supply its inhabitants with facilities for the care of sick and injured persons. Providence shall operate and maintain a duly licensed Hospital under the Alaska Statutes and in accordance with the standards prescribed by the Alaska Department of Health and Social Services. 5 13.1 12. QUIET ENJOYMENT: KIB warrants that Providence, upon paying the rent and any other charges as provided for in this Agreement and upon performing all other obligations herein, shall quietly have, hold and enjoy the Premises without hindrance. 13. WARRANTY OF TITLE• KIB hereby warrants that it has good and marketable title to the Premises, subject only to the encumbrances and security interests stated in Exhibit B, attached hereto and incorporated herein. 15.1 14. PRIOR AGREEMENTS: KIB warrants that entering into this Agreement does not breach any commitments or responsibilities of KIB under prior agreements, including but not limited to financing agreements, and that KIB shall defend and hold pProvidence harmless from any claims, liabilities and expenses arising from or in any way related to any prior agreements of KIB except to the extent such agreements are assumed by Providence. - 101-15. BUILDING REGULATIONS: As of April 21, 1997, KIB warrants that there are no existing violations of applicable building, fire and health code regulations of which it is aware. KIB is responsible for all costs of correcting any existing violations of applicable building, fire and health code regulations. Providence shall otherwise keep and maintain the Premises in good condition. 17.1 CLOSING ACTIVITIES: KIB shall, at its expense, conduct an audit of tho by Providence. 17.2 KIB shall, at its expense, prepare the Medicare cost report for the period ending _ • 18.1 CURRENT ASSETS AND CURREN current a✓oots of the Hospital as idontificd in the audit provided under .,cctions 17.1 of this Agreement, B shall retain all liability for notes payable and other debts, however -1-94 16. ACCREDITATION: Providence will use its best efforts (so long as it is in the best interests of Providence and KIB) to cause the Hospital to become and remain accredited by the Joint Commission on the Accreditation of Health Care Organizations. Providence shall send to the KIB upon any loss of accreditation a written notice that the Hospital is no longer accredited and the reasons for non - accreditation. 6 20.1 17. QUALIFICATION FOR MEDICARE AND MEDICAID: Providence will use its best efforts (so long as it is in the mutual interests of KIB and Providence) to cause the Hospital to remain fully qualified as a provider of services under the `Medicare" program, the `Medicaid" program, or any program successor of either of the above or any other program by Federal, State or local governments providing for the payment or reimbursement for services rendered. 21.1 18. DISPOSAL OF MEDICAL WASTE AND /OR GARBAGE: Providence shall at itLs expense, properly and timely dispose of all medical waste and/or garbage refuse according to any and all laws governing disposal of the same. 22.1 19.1 INSURANCE Providence shall, at its expense, maintain throughout the term of this Agreement the following insurance: A. Insurance against loss or damage by fire and such other risks as may be included in the current KIB hazard insurance policy with extended coverage in an amount not less than the replacement value of the Premises from time to time; B. Insurance against claims for personal injury and property damage occurring on the Premises under public liability and malpractice policies with limits of not less than $1,000,000 per person, $3,000.000 per occurrence and $500,000 for property damage arising out of any single occurrence. Such insurance policies may provide for partial self - insurance under the same terms as the policies for hospitals owned and operated by Providence. KIB shall be named as an additional insured party on each such policy of insurance, and certificates thereof shall be furnished to KIB. 22.2 19.2 Providence shall also provide tail coverage for hospital professional liability for the KIB bHS and Lutheran Health Services (LHS) Management System for the period in which LHS operated the Hospital by purchasing coverage with the current carrier which provides coverage for all occurrences since 1987. 22.3 19.3 KIB shall, at its expense, maintain throughout the term of this Agreement insurance to cover all conditions, events and liabilities arising out of its actions and activities relating to the Hospital. 23.1 20.1 MAINTENANCE AND REPAIRS: Providence shall cause the Hospital to be maintained and repaired in accordance with all state and local codes, and keep the Hospital in a condition at all times reasonably acceptable to KIB, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care and such other maintenance and repair work as may be necessary. KIB shall provide and pay for any major maintenance and repairs in the Major maintenance and repairs are defined as repairs greater than $25,000. If a repair is greater than or equal to $25,000, the KIB shall be responsible for the full amount of the repair. Providence shall be responsible for all repairs less than $24,999. If repairs go over the $25,000 limit because maintenance or repairs were not accomplished by Providence in a timely manner, KIB reserves the right to perform repairs or maintenance. KIB will be reimbursed for all costs of such repairs and maintenance by Providence. 7 If Providence, after written notification by 20.2 DEPRECIABLE CAPITAL ASSETS: MB shall provide and pay for depreciable capital assets, mutually agreed to by KIB and Providence, including the cost of building components, land improvements, fixed equipment and building services equipment with useful lives of 10 years or more as defined by the latest edition of the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets (Exhibit C). Providence shall provide and pay for depreciable capital assets with useful lives of 9 years or less as defined by the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets. The Section 3.2 $150 000 equipment contribution will not be used to purchase these assets. 21.1 21. CONDITION ON SURRENDER: Upon termination or expiration of this Agreement, Providence shall surrender the Premises to KIB in substantially the same condition as exists on the date hereof, except for reasonable wear and tear 25.1 22. IMPROVEMENTS AND ALTERATIONS: Providence shall make no alterations in, or additions or improvements to, the permanent structure of the Premises without first obtaining the written consent of KIB. Any additions and improvements made to the permanent structure of the Premises shall remain upon and be surrendered with such Premises as a part thereof at the expiration of the term of this Agreement, by lapse of time or as otherwise provided herein. 26.1 23. CONTRIBUTIONS: In the event that contributions are made to Providence for the benefit of the Hospital and/or KIB, the Providence may accept such contributions, it being understood, however, that Providence shall comply with the wishes of the donor insofar as they are compatible with the operation of the Hospital and that all property purchased with such contributions shall be and remain a part of the Hospital and th° property of MB shall revert to KIB at the expiration or termination of Lease Agreement. Should the terms or conditions of the contribution indicate that it is intended for Providence and not for the Hospital or KIB, Providence shall accept the contribution on its own behalf and utilize the funds in its sole discretion. For purposes of this paragraph the term `contribution' shall include a gift, bequest, grant or donation of money or property. It is expressly understood that the term "contribution' does not include any money derived by, or from, taxes or other governmental funds or entities. 26.2 Providence, will identify for KIB in advance KIB. Tho Fern Fuller Estate and Charita B. C. Any revenue sharing or legislative gran 8 27.1 24. MEDICAL STAFF: Any medical physician or osteopathic physician holding an unlimited license or any appropriately licensed dentist, who is recommended for approval by the Medical Staff and approved by the governing board of Providence shall be permitted privileges to practice in the Hospital. This section does not prohibit Providence from entering into an exclusive contract for the practice of an anesthesiologist or another specialist for the benefit of the community. staff—fellewift the commencement of tho lease torm, subject to Providence's -- general 28.1x— HOSPITAL STAFF: There is a full staff employed at the Hospital at the time of KIB 29.1 25. ADMISSION TO HOSPITAL: All persons in need of hospitalization shall be admitted to the Hospital without regard to race, creed, color, national origin or financial circumstances. 30.1 26.1 INDEMNIFICATION: Providence hereby agrees to indemnify and hold KIB harmless from and against any and all claims and demands for injury or death to persons and damage to property occurring on the Premises during the term hereof, and will defend KIB from any claim of liability on account thereof. Providence shall have no obligation for, and KIB shall indemnify and hold Providence harmless from and against, any and all liability with respect to any claims resulting from the negligence of KIB or its agents or employees, or any claims arising out of acts or omissions which occurred prior to the effective date of this Agreement. 30.2 26.2 HAZARDOUS SUBSTANCE INDEMNIFICATIION BY PROVIDENCE: Providence shall indemnify, defend, and hold KIB harmless from and against any and all claims, demands, damages, losses, liens, costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by KIB arising directly or indirectly from or out of or in any way connected with (4-A) any activities within the Hospital or on the Premises during the term of this Agreement which directly or indirectly resulted in the Premises being contaminated with Hazardous Substances; (3B) the discovery of Hazardous Substances on the Premises whose presence was caused during the term of this Agreement; and (3C) the clean-up of Hazardous Substances on the Premises whose presence was caused during the term of this Agreement. 304 26.3 HAZARDOUS SUBSTANCE INDEMNIFICATION BY KIB: KIB shall indemnify, defend, and hold Providence harmless from and against any and all claims, demands, damages, losses, liens, costs, and expenses (including attorney's fees and disbursements) which accrue to or are incurred by Providence arising directly or indirectly from or out of or in any way connected with (4-Al any activities within the Hospital or on the Premises prior to the term of this Agreement which directly or indirectly resulted in the Hospital and/or the Premises being contaminated with Hazardous Substances; (211) the discovery of Hazardous Substances on the Premises whose presence was caused prior to the term of this Agreement; and (3Q the clean-up 9 of Hazardous Substances on the Premises whose presence was caused prior to the term of this Agreement. 314 27.1 ACCESS TO RECORDS: MB and Providence further agree that Providence shall retain and make available upon request for a period of four (4) years after the furnishing of such services (operation of the Hospital) as described in this Agreement, the books, documents and records which are necessary to certify the nature and extent of the costs thereof when requested by the Secretary of Health and Human Services or the Comptroller General, or any of their duly authorized representatives. 31.2 If Providence carries out any duties of this Agreement through a subcontract with a related organization, valued at $10,000 or more over a 12 -month period, the Subcontract shall also provide that the Secretary of Health and Human Services or the Comptroller General may have access to the subcontract and the subcontractor's books, documents and records necessary to verify the costs of the subcontract for a period of four (4) years after the services have been furnished. 31.3 This provision relating to the above retention and production of documents is included because of possible application of Section 1861 (v)(1)(1) of the Social Security Act to this Agreement; if this Section should be found to be inapplicable, then this clause shall be deemed to be inoperative and without force and effect. 31-.4 27.2 PERSONNEL RECORDS: Should this Agreement terminate for any reason, Providence agrees to provide to KIB all personnel records for those employees who are to be re- employed by KIB who consent to the release of such records to KIB. 31.5 27.3 OPERATIONAL RECORDS: Except as otherwise provided herein, Providence agrees to provide KIB with the books, documents and records, including medical records, in regard to the operation of the Hospital, in accordance with all federal, state and local laws, rules and regulations including, but not limited to, privacy laws. 27.4 CONFIDENTIAL INFORMATION: Providence shall comply with all laws, regulations, directives or requirements in any form related to operating and managing hospitals and long -term care facilities, including, but not limited to the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), and regulations adopted under HIPAA. The KIB shall not have access to Protected Health Information as defined by HIPAA. KIB has read 45 C.F.R. 164.504(e), understands Providence's position is that 45 C.F.R. 164.504(e) applies to this Agreement, and that Providence therefore has the following obligations: Providence agrees to hold all individually identifiable patient health information ( "Protected Health Information ") that may be shared, transferred, transmitted, or otherwise obtained pursuant to this Agreement strictly confidential, and provide all reasonable protections to prevent the unauthorized use or disclosure of such information, including, but not limited to the protection afforded by applicable federal, state and local laws and/or regulations regarding the security and the confidentiality of patient health care information. Providence further agrees to make every reasonable effort to comply with any regulations, standards, or rules promulgated pursuant to the authority of the HIPAA, including those provisions listed below, as soon as possible, but in no event later than April 14, 2003. Providence may use and disclose Protected Health Information when necessary for Providence's proper management and administration (if such use or disclosure is necessary), or to carry out Providence's specific legal responsibilities 10 pursuant to this Agreement. Specifically, Providence agrees as follows: (1) to maintain safeguards as necessary to ensure that the Protected Health Information is not used or disclosed except as provided herein; (2) to mitigate, if possible, any harmful effect known to Providence of a use or disclosure of Protected Health Information by Providence; (3) to ensure that any subcontractors or agents to whom it provides Protected Health Information will agree to the same restrictions and conditions that apply with respect to such information; (4) to make available respective internal practices, books and records relating to the use and disclosure of Protected Health Information to the Department of Health and Human Services or its agents; (5) to incorporate any amendments or corrections to Protected Health Information when notified that the information is inaccurate or incomplete; (6) to return or destroy all Protected Health Information that Providence still maintains in any form and not to retain any such Protected Health Information in any form upon termination or expiration of this Agreement, if feasible or, if not feasible, Providence agrees to limit any uses of Protected Health Information after this Agreement's termination or expiration to those specific uses or disclosures that make it necessary for Providence to retain the information; (7) to ensure applicable policies are in place for providing access to Protected Health Information to the subject of that information; (8) if requested by the KIB, report to KIB any use or disclosure of Protected Health Information which is not provided for in the Agreement; and (9) to make Protected Health Information and an accounting of disclosures available to the individual who is the subject of the information or to KIB, to the extent required by HIPAA. Breach of this section shall be considered material. 3-1-:6 27.5 STORAGE SPACE: Providence shall provide at no cost to KIB sufficient storage space for KIB to store its existing books and records relating to the Hospital. 32.1 28.1 KIB TO APPROVE ADMINISTRATOR: Adfaiftistratec All chief executive officers for Hospital shall be selected and hired with KIB consultation. Providence shall conduct annual evaluations regarding the Administrator in consultation with KIB. The Administrator shall attend meetings of the Kodiak Island Service Area Community Board and KIB, representing Providence and reporting on the condition and affairs of the Hospital. Providence agrees to provide reasonable support and assistance to the Administrator to enable the Administrator to administer the business and affairs of the Hospital in an efficient and business -like manner consistent with the needs of the community. 32.2 28.2 TERMINATION OF ADMINISTRATOR: Notwithstanding any other terms and conditions of this Agreement to the contrary, in the event this Agreement is terminated prior to the expiration of its full term, then Providence shall provide an Administrator for the Hospital on a contract basis for ninety days following the termination if requested by KIB. 33.1 29. KODIAK ISLAND HEALTH CARE FOUNDATION OFFICE SPACE: Providence will work cooperatively with Kodiak Island Health Care Foundation to provide financial assistance at mutually agreed upon levels, subject to Providence's annual budgetary limitations, for the committed development of community healthcare. 31.1 30. GOVERNANCE: The overall management and control of the Hospital will rest with the Providence Alaska Ser- vise --Area Regional Board. It is anticipated that two KIB residents will be eligible to participate as voting members on this Board. One member shall be apse 11 . _. - _.. . "_-- IIospital medical staff the Chief of Staff and one member shall be a lay person from the amity the Board Chair of the Kodiak Island Service Area Community Board. 31.2 31. KODIAK ISLAND SERVICE AREA COMMUNITY BOARD: An Advisory Board meeting the requirements of 7AAC 13.030(a) will be appointed by of Providenc , to provide input to the hospital staff, the medical staff, and Providence, and shall be responsive to Alaska Regional Board about the concerns of the community regarding the operation of the Hospital and to undertake the responsibilities set out at 7 AAC 13.030(b) and (c). One KIB Assembly member shall be appointed by Providence as a full voting member of the Kodiak Island Service Area Community Board, and Providence shall give KIB the opportunity for review and comment before appointments to the Board are made. Providence shall keep the Advisery Kodiak Island Service Area Community Board updated with respect to matters of Hospital policy and the relationship of the Hospital to the community and surrounding areas which it serves. C. .. - - .. ..-.. • and -€tnal action -: D. Review the operating and capital budgets rororoarcd for the IIospital. E. the IIospital. H Cooperate with Providence in meeting the requirements of any Federal or State Blue Cross/Blue Shield. J. Review appointments and clinical privilegeG to the Medical Staff or members Roviow the rate and charge structures in the Hospital. To assist Providence in reviewing administrator applicants and recommend a . ri di ng a w hi c h it oeryco �.1 32. RIGHT TO ENTER PREMISES: Upon reasonable notice, Providence shall permit KIB, its agents and employees to have access to and to enter the Premises at all reasonable and necessary times to inspect the Premises. 36.1 33. DEFAULT REMEDIES: `Event of Default' means any one or more of the following events, whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or govemmental body: 12 A. Failure to pay rent required by Section 64 or 7.1 when such rent becomes due and payable, and continuance of such failure to pay for a period of ten (10) days; or B. Default in the performance, or breach of any other covenant or warranty by Providence under this Agreement, with the exception of any obligations imposed under Exhibit B, and continuance of such default or breach for a period of thirty (30) days after there has been given, by registered or certified mail, to Providence by KIB a written notice specifying such default or breach and requiring it to be remedied stating that such notice is a notice of default hereunder; or C. The entry of a decree or order by a court having jurisdiction in the premises adjudging Providence as bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of Providence under the Federal Bankruptcy Act or any other applicable Federal or State law, or appointing a receiver, liquidator, assignee, trustee (or other similar official) of Providence or of any substantial part e€ to its property, or ordering the winding up or liquidation of its affairs; or D. The institution by Providence of proceedings to be adjudicated as bankrupt or insolvent, or the consent by it to the institution of bankruptcy or insolvency proceedings against it, or the filing by it of a petition or answer or consent seeking reorganization or relief under the Federal or State law, or the consent by it to the filing of any such assignee, trustee (or other similar official) of Providence or of any substantial part of its property, or the making by it of an assignment for the benefit of creditors, or the admission by it in writing of its inability to pay its debts generally as they become due, or the taking of corporate action by Providence in furtherance of any such action. 36.2 34. CONTINUING DEFAULT: If an Event of Default by Providence occurs and is continuing, KIB may: A. At its option, declare all installments of rent payable to be immediately due and payable by Providence; B. Re -enter and take possession of the Hospital without termination of this Agreement, and use its best efforts to sublease the Hospital for the account of Providence, holding Providence liable for the difference between the rent and other amounts payable by the sublessee and the rents and other amounts payable by Providence hereunder; C. Terminate this agreement, excluding Providence from possession of the Hospital and use its best efforts to lease the Hospital, or to another for the account of Providence, holding Providence liable for the difference between the rentals received and the rentals which would have been receivable hereunder; D. Terminate this Agreement, exclude Providence from possession of the Hospital and either operate the Hospital or contract with a responsible operator to operate the Hospital; E. With respect to any personal property, exercise any remedies available to a secured party under the Uniform Commercial Code; and/or 13 F. Take whatever action at law or in equity may appear necessary or appropriate to collect the rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Providence under this Agreement. 37.1 35. TERMINATION: At any time either KIB or Providence may terminate this Agreement by one year's written notice to the other party. This Agreement shall terminate one year from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to the termination. However, if Providence is required to perform any duty or provide any service under the terms of this agreement that is in conflict with the philosophy, mission and values of Sisters of Providence Health System, pursuant to Exhibit BA, Providence may terminate this Agreement upon 90 days prior written notice to KIB. Upon such termination, Providence shall surrender possession of the Hospital to KIB. On the effective date of such termination KIB shall have the option to purchase any such accounts receivable, inventory, supplies or equipment at a fair market value agreed to by both parties. Providence agrees to co- operate in such a way as to allow KIB to show the Hospital to a prospective tenant or accommodate the active transition needs of KIB for the actual termination. KIB agrees to cooperate in such a way as to accommodate Providence transition needs and the removal of Providence's assets. 38.1 36. TRANSFERS OF LICENSES AND PERMITS: The parties will cooperate and jointly prepare and file all applications for transfer of licenses and permits incident to operation of the Hospital, including but not limited to transfer of permits for and inventories of alcohol, narcotics and dangerous drugs 39.1 37. NOTICES: All notices, demands, or other writings in this Agreement provided to be given, made or sent, or which may be given, made or sent, by either party hereto to the other, shall be deemed to have been given, made or sent when made in writing and deposited in the United States Mail, Registered or Certified Mail, postage prepaid, and addressed as follows: KIB: Providence: MayerManager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Regional Vice President and Chief Executive Providence Health System in Alaska 3200 Providence Drive P.O. Box 196604 Anchorage, Alaska 99519 -96604 39.2 38. The address to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided 404 39. ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and may sublease the Hospital, in whole or in part, only with the prior consent of the KIB, but subject to each of the following conditions: 14 A. At the time of the making of any such assignment or sublease, there shall be no Eevent of Default under this Agreement; B. Any assignee will continue to operate the Hospital as a hospital, in accordance with this Agreement; C. Any assignee of this Agreement shall expressly assume and agree to perform and comply with all the covenants and provisions of this Agreement on the part of Providence and shall be jointly and severally liable with Providence for any default in respect to any such covenant or provision; D. No assignment or sublease shall relieve Providence from primary liability for all rents and other payments due and for the performance of all other obligations required under this Agreement, E. In the case of an assignment of the Agreement or a sublease of all or substantially all of the Hospital, the assignee or sublessee shall agree to pay all rent payable by it directly to KIB, less a pro -rata share of reasonable maintenance, repair, or administrative handling costs; F. KIB shall be provided promptly a duplicate original of the instrument or instruments containing such assignment or sublease. Providence may not mortgage or grant a security interest in this Agreement or leasehold interest. Approval of all subleases assigned by Providence shall be concurrent with the terms of this Agreement. Nothing herein will prevent Providence from leasing space to physicians or other health care providers. No assignment for the benefit of creditors or by operation of law shall be effective to transfer any rights to the Assignee. 444 40. DAMAGE OR DESTRUCTION: When all or any part of the Hospital is destroyed or damaged, the KIB may: A. Proceed promptly to replace, repair, rebuild and restore the Hospital to substantially the same condition as existed before the taking or event causing the damage or destruction. B. All buildings, improvements and equipment acquired in the repair, rebuilding, replacement or restoration of the Hospital, together with any interests in land conveyed to the KIB as necessary for such restoration, shall become a part of the Hospital and available for use and occupancy by Providence without the payment of any rents other than those provided in Section 6 and 7.1. C. Rent shall be abated in the event of any destruction of damage to, or taking all or any part of the Hospital in proportion to the square footage which is unusable by Providence. D. If fifty percent (50 %) or more of the Premises are rendered untenantable by the aforementioned causes, KIB shall have the right to be exercised by notice in writing, from and after said occurrence, to elect not to reconstruct the Premises, and in such event this Agreement and the tenancy hereby created shall cease as of the date of such occurrence, the rent to be adjusted as of such date. 15 42.1 41. CONDEMNATION: If the Premises, or such part thereof as in the reasonable opinion of Providence renders the remainder unusable for its purpose shall be acquired by eminent domain, then this Agreement shall cease and terminate as of the date that possession is taken in such proceeding. Such termination, however, shall not be deemed to deprive Providence of any of its rights to receive compensation by reason of such taking. 434- 42. WAIVER OF SUBROGATION: KIB and Providence, both on their own behalf and on behalf of all others claiming through or under either of them, hereby mutually waive and release all claims, liabilities and causes of action against the other and the agents, servants, employees and invitees of each other, for all loss, damage to or destruction of the Premises or any portion thereof, as well as the fixtures, equipment, supplies and other property of either party located in, upon or about the Premises resulting from fire or other perils covered by standard fire and extended coverage insurance, whether caused by the negligence of any of said persons or entities or otherwise, except to the extent such waiver would violate or otherwise abrogate the terms of such insurance coverage. 444 43. MISCELLANEOUS: All covenants and agreements in this Agreement by MB or Providence shall bind their successors and assigns, whether so expressed or not. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. None of the terms, conditions, covenants or provisions of this Agreement can be waived by either party except by appropriate written instrument. The waiver by either party or any breach of any term, condition, covenant or provision herein contained shall not be deemed a waiver of the same of any term, condition, covenant, or provision herein contained or of any subsequent breach of the same or any other term, condition, covenant or provision herein. This Agreement shall be construed in accordance with the laws of the State of Alaska. Nothing in this Agreement, express or implied, shall give to any person, other than the parties hereto, and their successors and assigns, any benefit or other legal or equitable right, remedy or claim under this Agreement. The parties agree the effective date of this Amendment is January 1, 2005. IN WITNESS WHEREOF the parties have respectively executed this Agreement the day and year written below. SISTERS OF ROVIDENCE HEALTH SYSTEM - WASHINGTON d/b /a Providence la°ka M Cunt,._ Health System in Alaska By: Its: Date: KODIAK ISLAND BOROUGH By: Its: Date: ATTEST: 16 STATE OF ALASKA THIRD JUDICIAL DISTRICT written. ) ) ) THIS IS TO CERTIFY that on the day of , before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Jereeie " o =..o . y Rick Gifford, to me known to be the Meyer Manager of the KODIAK ISLAND BOROUGH, and known to me to be the person who executed the above and foregoing instrument on behalf of the municipality, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by the Borough Assembly. written. WITNESS my hand and notarial seal the day and year first above in this Certificate STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ) ) Notary Public in and for Alaska My commission Expires: SS.: ss.: THIS IS TO CERTIFY that on the day of , before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Al Parrish, to me known to be the Regional Vice President and Chief Executive, Sisters of Providence in Wrz es hi ngton a n.i a Medical- Center Providence Health System Alaska, and known to me to be the person who executed the above and foregoing instrument on behalf of Providence Health System - Washington, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by Providence Health System — Washington Board of Directors. WITNESS my hand and notarial seal the day and year first above in this Certificate Notary Public in and for Alaska My commission Expires: 17 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 12.B Resolution No. FY 2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a New Alaska Department of Fish and Game Research and Administrative Building on Near Island. This resolution accepts $1,500,000 grant from the Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy. This grant will be used to perform site work and design for a new ADF &G facility on Near Island. This building is estimated to cost approximately $8;000,000 with the remainder of the funding to come from the Exxon Valdez Oil Spill Trustees, future grants, and revenue bonds. The Assembly identified the funding for this project as a priority with the adoption of KIB Resolution 2005 -14. The Assembly in that resolution noted the efficiencies of locating this state research agency adjacent to the existing federal research facility. A previous $20,000 legislative grant to the Borough was utilized to perform a "Condition Survey" of the existing ADF &G building. This study showed that there were many shortcomings in the existing structure and its ability to support the state's research of Kodiak's fish and game resources. A "Needs Survey" was also performed. It identified the need for approximately 60% more space than currently exists in this structure for existing staff. It is anticipated that an RFP for Architectural Services will be advertised this fall and site work on the structure to be performed next spring /summer. Acquisition of additional land from the City of Kodiak is also being requested. FISCAL NOTES: ACCOUNT NO.: 430 - 648 - 000 -02107 N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: The motion before the Assembly is to adopt Resolution No. FY 2006 -10. CEIVE trnam SEP 1 6 2005 0 BOROUG CLERK'S OFFICE RECUNJ1llt,KA11UN ANt1UAV 11 I, , having voted on the prevailing side, file my intent to propose reconsid lion of the vote taken on Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction ofa new Alaska Department of Fish and Game Research and Administrative Building on Near Island adopted on September 15, 2005. SUBSCRIBED AND SWORN to before me this RI day of Wejli '2x03. A Signature SUBSCRIBED AND SWORN to before me this / ( d y of ta Notary Public In an' For Alask My Commission Expires: 8 67 I, % �-c_ k � ,- 4`i , file my intent to second the reconsideration of the vote taken on Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a new Alaska Department of Fish and Game Research and Administrative Building on Near Island adopted on September 15, 2005. Notary Public In and For A . ACr / ^/ 7 My Commission Expires: U �! FILED with the Kodiak Island Borough Clerk this Ai day of h btr , 2005. Judith A. Nielsen, CMC, Borough Clerk A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING A DESIGNATED LEGISLATIVE GRANT THROUGH THE ALASKA DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, FOR DESIGN AND SITE WORK ASSOCIATED WITH THE CONSTRUCTION OF A NEW ALASKA DEPARTMENT OF FISH AND GAME RESEARCH AND ADMINISTRATIVE BUILDING ON NEAR ISLAND WHEREAS, the Kodiak Island Borough has identified a new Alaska Department of Fish and Game building as a community priority; and WHEREAS, the State has approved a grant in the amount of $1,500,000 for site work and design of this new research and administrative facility; and WHEREAS, acceptance of the grant award by the Kodiak Island Borough Assembly is necessary in order to utilize the funds to pay for the project; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to accept the Legislative grant funds of $1,500,000 through the Alaska Department of Commerce, Community and Economic Development, for design and site work associated with the construction of a new Alaska Department of Fish and Game research and administrative Building on Near island. 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 RESOLUTION NO. FY2006 -10 Introduced by: Manager Gifford Requested by: E/F Department Introduced: 09/15/2005 Adopted: KODIAK ISLAND BOROUGH Kodiak Island Borough Alaska Resolution No. FY2006 -10 Page 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -14 Introduced by: Interim Manager Gelstad Requested by: Assembly Drafted by: Eng /Fac Director Cassidy Introduced: 02/17/2005 Amended: 02/17/2005 Adopted: 02/17/2005 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 $14,500,000 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 local 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 $600,000 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 5575,000. 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 ATTEST: Aa_ Ju th A. Nielsen, cM orough Clerk KODIAK ISLAND BOROUGH rome M. Selby, Borough Mayo. Resolution No. FY2005-14 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.A.1 Contract No. FY2006 -17 Maintenance Agreement and Upgrade of Hardware and Software on the AS400. The Kodiak Island Borough budgeted $80,000 in FY06 budget to extend the maintenance agreement on the AS400 by 48- months. The MIS Department contacted vendors to provide two different price quotes: 1. 48 -Month Maintenance Agreement on Existing AS400 Computer System 2. Upgrade existing AS400 Computer System to current technology including a 48- month Maintenance Agreement including migration services. Quotes were received from Pacific Software Associates, Inc. and IBM for all three requests. Both sets of quotes were reviewed and compared by MIS staff. The MIS staff, based on the costs, equipment availability, and ability of the vendor to provide the level of migration services required, recommended that Pacific Software Associates, Inc. be awarded the contract to provide both the upgraded system as well as the contracted services agreement. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: $83,823 Budgeted: $80,000 APPROVAL FOR AGENDA: d{. Recommended motion: Move to approve Contract No. FY2006 -17 with Pacific Software Associates, Inc in an amount not to exceed $83,823. Upgrade AS /400 vs. Purchasing Maintenance Agreement The Hardware & Software Maintenance agreement on the AS /400 is due to expire in October of 2005. KIB can either purchase a 48 month Maintenance Agreement or upgrade our existing system for virtually the same cost. 48 Month Maintenance Agreement on Existing hardware $ 80,801.04 Upgrade from existing AS /400 Model 820 to the current technology of an AS /400 Model 520 Pacific Software Upgrade Quote 79,322.94 48 Months of Maintenance Included Hardware & Software Upgrade from 820 to 520 Included New Ultrium Tape Drive included CD Burner Included Quantity 15 Gen 3 Ultrium Tapes Included System Software Reload /Data Migration 4,500.00 Travel (Airfare, Hotel, Meals, Parking) 1,255.00 Travel Time (12hrs @67.50 ea) 810.00 Actual Upgrade/Training Time 18hrs @135 /hr 2,430.00 Total Estimate 4,495.00 Total Pacific Software Upgrade $ 83,822.94 IBM Upgrade 48 Months of Maintenance 33,048.62 Hardware & Software Upgrade from 820 to 520 48,507.00 New Ultrium Tape Drive 6,359.00 CD Burner included Quantity 15 Gen 3 Ultrium Tapes 1,740.00 System Software Reload /Data Migration Travel (Hotel, Meals) Car Rental Actual Upgrade/Training Time 18hrs @220 /hr Total Estimate 525.00 150.00 3,960.00 4,635.00 4,635.00 Total IBM Upgrade $ 94,289.62 Staff recommendation: Upgrade the existing AS /400 from an 820 to a 520 with Pacific Software. The cost difference between purchasing the maintenance agreement and upgrading the system with new hardware and software is an additional $ 3,021.90. By spending these additional funds, we will have current technology and will be in a better position for the future. REVISED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -13 Introduced by Manager Gifford Requested by: Assembly Introduced: 10/06/2005 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok, and Old Harbor, and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010; and WHEREAS, per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year2006 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance; and WHEREAS, the Kodiak Island Borough is also served by the State of Alaska which maintains highways, roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road, Rezanof Drive, Mill Bay Road, Monashka Bay Road, Antone Larsen Bay Road, etc.; and WHEREAS, the State of Alaska administers the federal airport improvement program funds for the Kodiak Airport; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's five (5) year Capital Improvement Program (CIP), for FY 2006 to 2010, priorities are as follow: KIBSD SEISMIC REPAIRS AND SCHOOL FACILITY PROJECTS 1. Kodiak Middle School Facility Seismic Upgrades $ 1,636,000 2. Kodiak High School Library/Science Lab Seismic Upgrades $ 545,500 3. Ouzinkie School Facility Seismic Upgrades $ 763,700 4. Kodiak High School Gym Non structural wall seismic upgrade $ 109,000 5. Old Harbor School Earthquake Mitigation Project $ 54,550 (drainage) improvements 6. Kodiak Middle School Seismic Retaining Wall replacement $ 54,550 7. North Star Elementary School Drainage Improvement $ 109,100 8. Old Harbor Gym Roof Replacement $ 218,200 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 1 of 5 9. Larsen Bay Gym and Old Wing Roof Replacement 10. Village Earthquake projects (earth removal around buildings) 11. District Wide - Suspended Ceiling Reinforcement 12. District Wide - non - structural improvements (anchoring systems) 13. District Wide - Emergency Generators Plug and Electrical Panel 14. Building Boiler replacement and fuel tank replacement 15. High School Parking Lot Repaving 16. Middle School Access Road Paving 17. Peterson School Parking Lot Paving 18. Main and East Elementary Over & Under Pedestrian Passes 19. North Star Classroom Addition 20. New Kodiak High School TOTAL FACILITY PROJECTS 1 Womens Bay Tsunami Shelter $ 2. Providence Kodiak Island Medical Clinic (KIB Match) $ 3. New ADF &G Building Construction and ADF &G term lease payment $ 4. Kodiak College Community Vocational Building (Phase I) $ 8. Chiniak Tsunami Shelter Addition $ 9. Armory Relocation Plan and Preliminary Design $ 10. KIB -Admin Building Renovation and Communication System $ 11. Maritime Museum Feasibility Study $ 12. Central Solid Waste Transfer Stations Planning & Design $ TOTAL $ TRANSPORTATION PROJECTS 1. Anton Larsen Bay Road Extension to Ice Free Port 2. Sharatin Road Pavement 3. Woodland Acres (3rd -8th Addition) Pavement 4. Lilly Drive Pavement 5. Antone Way Pavement 6. Monashka Bay Boat Ramp & Parking 7. Pasagshak Boat Ramp & Parking 8. Perenosa Drive Construction (600') TOTAL RECREATION & CULTURE PROJECTS 1. Mill Bay Beach Access and Recreation Upgrade 2. Island Lake Trail Upgrade 3. Lake Miam /Lake Summitt ATV Trail Improvements 4. White Sands Beach Park Upgrade 5. East Elementary Softball Field Upgrade 6. Bike Path Extensions Study 7. Men's Softball Field 8. All Purpose Field Complex 9. Kodiak Rodeo and State Fairgrounds Improvements TOTAL $ 218,200 $ 327,300 $ 1,636,500 $ 300,000 $ 1,028,290 $ 821,860 $ 1,000,000 $ 48,000 $ 220,000 $ 106,000 $ 3,805,500 $ 67,500,000 $ 80,502,250 636,000 848,000 7,150,000 10,600,000 265,000 265,000 2,517,500 53,000 318.000 22,652,500 $ 21,000,000 $ 300,000 $ 900,000 $ 300,000 $ 250,000 $ 318,000 $ 318,000 $ 100.000 $ 23,486,000 $ 53,000 $ 65,000 $ 23,000 $ 53,000 $ 25,000 $ 53,000 $ 20,000 $ 825,000 $ 106.000 $ 1,223,000 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 2 of 5 UTILITY & OTHER PROJECTS 1. Landfill Lateral Expansion Design 2. Landfill Lateral Expansion Construction, Closure & Post Closure 3. Baler Building Condition Survey 4. Baler Building Roof Repairs 5. Second Chiniak Tsunami Siren 6. Tsunami Siren Replacement 7. Pasagshak Tsunami Siren 8. Spare Vertical Turbine Pump - KFRC 9. Tanker Truck for Bayside Fire 10. Fire Engine for Bayside Fire 11. Construction and Demolition Shredder 12. Metals Baler 13. Monashka Water $ Sewer Design TOTAL KIBSD MAINTENANCE AND OPERATIONS PROJECTS $ 500,000 $ 6,755,000 $ 31,000 $ 100,000 $ 26,500 $ 159,000 $ 53,000 $ 90,000 $ 277,000 $ 265,000 $ 265,000 $ 265,000 $ 1,166,000 $ 9,952,500 1. Emergency Communications $ 2. Tech Services - UPS Upgrade $ 3. Emergency power to District Server room at KMS $ 4. Underground Storage Tank Removal - Villages and Town $ 5. Maintenance: Install Additional Storage Mezzanine $ 6. Add Storage to back of Building - East Elementary $ 7. Replace Phone System - East Elementary $ 8. Replace Phone System - Peterson Elementary $ 9. Add Parking - East Elementary $ 10. Install New Fire Suppression in Server Room $ 11. District Wide Security Video Surveillance, Intrusion $ 12. Replace Rotten Roof on Bridge Over Playground $ 13. Replace Rotten Window Sills $ 14. Replace Kitchen Floor $ 15. Paint Exterior Of Building - Old Harbor and Akhiok $ 16. Paint Exposed Membrane on Gym Roof- Middle School $ 17. Metal Roofing Upgrade - East Elementary $ 18. Upgrade Crossing Lights /Flashers - Main Elementary $ 19. Install Crossing Lights /Flashers for Safety on Road - North Star $ 20. Vehicle Replacement $ 21. Village Upgrade Energy Lighting - $ (Ouzinkie, Old Harbor, Larsen Bay, Karluk) 22. Town Upgrade Energy Lighting - (East, Peterson, High School) $ 23. Repair /Re- commission HVAC Equipment - Middle School $ 24. Vocational Education Equipment Upgrades $ 25. Technology Upgrades $ 26. Village Communications IP Phones $ 27. Fire Alarm Panel Upgrades - (High School, KMS. Auditorium, $ East, Karluk) 28. ADA Hearing Impaired Systems District Wide $ 10,000 30,000 75,000 174,400 827,000 470,880 106,820 15,000 18,000 300,000 15,000 100,000 43,600 10,000 21,800 98,100 13,500 38,150 18,300 21,800 130,000 20,000 50,000 12,000 180,000 380,000 60,000 45,000 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 3 of 5 29. Fire Alarm Magnetic Door Closures - Middle School $ 40,000 30. Fire Alarm Magnetic Door Closures - East Elementary $ 30,000 31. Fire Alarm Magnetic Door Closures - High School $ 60,000 32. Basketball Court Replacement -Old Harbor $ 21,800 33. Replace Old Wing Roofing - Larsen Bay $ 130,000 34. Floor Finishes in Hallways - Port Lions $ 18,000 35. Replace Floor Finishes Old Wing - Larsen Bay $ 26,160 36. Replace Floor Finishes - East Elementary $ 272,500 37. Floor Finishes - Peterson Elementary $ 272,500 38. Repair, Topcoat and Restripe Parking Lot - High School $ 1,237,172 39. Add Parking - High School $ 250,000 40. Pave Parking and Driveway- Peterson Elementary $ 275,000 41. Repair, Topcoat and Restripe Parking Lot - Middle School $ 45,099 42. Pave Dirt Parking Area - Main Elementary $ 143,880 43. Add Parking and Improve Access - North Star Elementary $ 1,700,000 44. Shelter Storage at each Building $ 250,000 45. Exterior Door Replacement - District Wide $ 41,000 (East, High School, Audit, Main, Karluk, Larsen Bay) 46. Replace Elevator Controls - Middle School $ 48,800 47. Replace Asbestos Siding on Borough Home - Akhiok $ 23,980 48. Replace Heating Controls - Karluk $ 80,660 49. Interior Finishes (Paint) - Main Elementary $ 98,880 50. Interior Finishes (Paint) - East Elementary $ 103,786 51. Interior Finishes (Paint) - Auditorium $ 167,315 52. Interior and Exterior Finishes (Paint) - Middle School $ 239,000 53. Interior and Exterior Finishes (Paint) - Larsen Bay $ 89,268 54. Interior Finishes (Paint) - Peterson Elementary $ 119,900 55. Interior Finishes (Paint) - High School $ 348,800 56. Replace Exterior Siding - East Elementary $ 228,900 57. Replace Plumbing Piping - East Elementary $ 31,610 58. Interior Finishes (Paint) - Akhiok $ 33,790 59. Interior and Exterior Finishes (Paint) - Karluk $ 65,520 60. Interior Floor Finishes - Karluk $ 32,700 61. Exterior Window Replacement Old Wing - East Elementary $ 147,150 62. Classroom Furniture - District Wide $ 120,000 63. Gym Floor Replacement - High School $ 175,000 64. Village Playground Replacement $ 220,000 65. Village Teacher Housing - Phase 1 $ 1,000,000 (1 Fourplex and 2 Duplexes in the Villages) TOTAL $11,572,520 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 4 of 5 Section 2: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ATTEST: Judith Nielsen, Clerk ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2005. Jerome M. Selby, Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 5 of 5 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.B.1 Resolution No. FY 2006 -13 Adopting a Capital Improvement Program for Fiscal Years 2006 Through 2010 and Establishing a Capital Improvement Projects Priority List. The Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Haiku and Old Harbor; and A five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010. Per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2006 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E. The Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance. The Kodiak Island Borough is also served by the State of Alaska which maintains highways, roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road, Rezanof Drive, Mill Bay Road, Monashka Bay Road, Antone Larsen Bay Road, etc. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY 2006 -13. DATE: TO: FROM: KODIAKISLAND BOROUGH Engineering & Facilities Department September 27, 2005 Borough Assembly MEMORANDUM 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9343 (p) (907) 486 -9394 (f) beassidy@kib.co.kodiak.ak.us 1 Bud Cassidy, Director of Engineering and Facilities RE: MB Capital Improvements List Trinity Island Paving Project INTRODUCTION On an annual basis, the Assembly passes a CIP list that prioritizes capital projects that the Assembly deems important to fund or have funded. The projects that make of the list come from the community through the Planning and Zoning Commission who review the projects and make a recommendation to the Assembly. The School Board has a similar process. The result of their effort is also a priority list of projects. The Assembly creates a master list of projects and formally adopts the listing with the passage of a resolution. This list is the one the Mayor, Manager and that Assembly take to both Juneau and Washington D.C. in an effort to secure funding. Some projects are also paid for with local tax money. The process was hastened this year in an effort to get local projects on the "Governor's List ". Projects on the list that have been emboldened are those changed by staff. That is, it has been moved from its original position as recommended by the P &Z Commission based on further information (as an example, there is immediate need to secure money for the design and engineering associated with the lateral expansion of the landfill). The final order is an Assembly call. CONCLUSION We will continue to refine the process of composing a CIP list. In theory it is a "bottoms -up" process. The composition of the list has required significant staff time in rating and ranking the projects as well as presenting it to P &Z for review. I think all elected assembly members recognize the importance and value of having projects on one comprehensive list (especially in a year where there may be significant state discretionary spending for capital projects). RECOMMENDATION Staff recommends approval of the resolution. Introduced by: Manager Gifford Requested by: Assembly Introduced: 10/06/2005 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -13 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok and Old Harbor; and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010; and WHEREAS, per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2006 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance; and WHEREAS, the Kodiak Island Borough is also served by the State of Alaska which maintains highways, roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road, Rezanof Drive, Mill Bay Road, Monashka Bay Road, Antone Larsen Bay Road, etc.; and WHEREAS, the State of Alaska administers the federal airport improvement program funds for the Kodiak Airport; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's five (5) year Capital Improvement Program (CIP), for 66-ta2 0, priorities are as follow: SCHOOL DISTRICT PROJECTS �D 1. Kodiak Middle School Facility Seismic Upgrades $ 1,636,000 2. Kodiak High School Library/Science Lab Seismic Upgrades $ 545,500 3. Ouzinkie School Facility Seismic Upgrades $ 763,700 AI 4. Kodiak High School Gym Non structural wall seismic upgrade $ 109 .o 5. Old Harbor School Earthquake Mitigation Project $ 54,550 (drainage improvements) 6. Kodiak Middle School Seismic Retaining Wall replacement $ 54,550 7. North Star Elementary School Drainage Improvement $ 109,100 8. Old Harbor Gym Roof Replacement $ 218,2W Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 1 of 3 9. Larsen Bay Gym and Old Wing Roof Replacement 10. Village Earthquake projects (earth removal around buildings) 11. District Wide - non - structural improvements (anchoring systems) 12. District Wide - Suspended Ceiling Reinforcement TOTAL FACILITY PROJECTS 1. Womens Bay Tsunami Shelter 2. Providence Kodiak Island Medical Clinic (KIB Match) 3. New ADF &G Building Construction and ADF &G term lease payment 4. Kodiak College Community Vocational Building (Phase I) "5. High School Parking Lot Repaving -6. Middle School Access Road Paving -7. Peterson School Parking Lot Paving 8. Chiniak Tsunami Shelter Addition Main and East Elementary Over & Under Pedestrian Passes 10.Armory Relocation Plan and Preliminary Design 11.KIB -Admin Building Renovation and Communication System 12. Maritime Museum Feasibility Study 13. Central Solid Waste Transfer Stations Planning & Design 14. North Star Classroom Addition TRANSPORTATION PROJETS 1. Anton Larsen Bay Road Extension to Ice Free Port 2. Sharatin Road Pavement 3. Woodland Acres (3rd -8th Addition) Pavement 4. Lilly Drive Pavement 5. Antone Way Pavement 6. Monashka Bay Boat Ramp & Parking 7. Pasagshak Boat Ramp & Parking 8. Perenosa Drive Construction (600') RECREATION & CULTURE PROJECTS 1. Mill Bay Beach Access and Recreation Upgrade 2. Island Lake Trail Upgrade 3. Lake Miam /Lake Summitt AN Trail Improvements 4. White Sands Beach Park Upgrade 5. East Elementary Softball Field Upgrade 6. Bike Path Extensions Study 7. Men's Softball Field 8. Baseball /Softball and all purpose field complex 9. Kodiak Rodeo and State Fairgrounds Improvements TOTAL Kodiak Island Borough Alaska TOTAL TOTAL $ 218,200 $ 327,300 $ 327,300 $ 1.636.500 $ 5,999,900 $ 636,000 $ 848,000 $ 7,150,000 $ 10,600,000 $ 1,000,000 $ 48,000 $ 220,000 $ 265,000 $ 106,000 $ 265,000 $ 2,517,500 $ 53,000 $ 318,000 $ 3.805.500 $ 23,486,000 $ 21,000,000 $ 300,000 $ 900,000 $ 300,000 $ 250,000 $ 318,000 $ 318,000 $ 100.000 $ 27,832,000 $ 53,000 $ 65,000 $ 23,000 $ 53,000., $ 25,000 $ 53,000 $ 20,000 $ 825,000 $ 106.000 $ 1,223,000 Resolution No. FY2006 -13 Page 2 of 3 UTILITY & OTHER PROJECTS 1. Landfill Lateral Expansion Design $ 500,000 2. Landfill Lateral Expansion Construction, Closure & Post Closure $ 6,755,000 3. Baler Building Condition Survey $ 31,000 4. Baler Building Roof Repairs $ 100,000 5. Second Chiniak Tsunami Siren $ 26,500 6. Tsunami Siren Replacement $ 159,000 7. Pasagshak Tsunami Siren $ 53,000 8. Spare Vertical Turbine Pump — KFRC $ 90,000 9. Tanker Truck for Bayside Fire $ 277,000 10. Fire Engine for Bayside Fire $ 265,000 11. Construction and Demolition Shredder $ 265,000 11. Metals Baler $ 265,000 12.Monashka Water $ Sewer Design $ 1,166,000 TOTAL $ 9,952,500 Section 2: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ATTEST: Judith Nielsen, Clerk ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2005. Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 3 of 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.C.1 Ordinance No. FY 2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 1 7 Zoning Chapter 17.26 Mobile Home Parks. In response to the Assembly's request, the Planning and Zoning Commission spent over a year reviewing KIBC 17.26, the mobile home park code. The Commission gathered information on the condition of local mobile home parks, and held public work sessions to discuss possible code changes. The Commission has now recommended certain amendments to KIBC Title 15 and Title 17 regarding the standards for the development and operation of mobile home parks and to address many of the issues raised regarding the health, safety, and welfare of mobile home park residents. FISCAL NOTES: ACCOUNT NO.: N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: ,- Recommended motion: Move to adopt Ordinance FY 2006 -13 in first reading to advance to public hearing on October 20, 2005. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -03 Introduced by Manager Gifford Requested by Community Development Drafted by Community Development Introduced: 10/06/2005 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.20 MOBILE HOMES SECTION 15.20.010 DEFINITIONS AND TITLE 17 ZONING CHAPTER 17.26 MOBILE HOME PARKS WHEREAS, the Kodiak Island Borough Assembly requested that the Planning and Zoning Commission review KIBC 17.26, the mobile home park code; and WHEREAS, the Planning and Zoning Commission spent more than one year reviewing the code, gathering information on the condition of local mobile home parks, and holding public work sessions to discuss possible code changes; and WHEREAS, the Commission has recommended certain amendments to KIBC Title 15 and Title 17 regarding the standards for the development and operation of mobile home parks and to address many of the issues raised regarding the health, safety, and welfare of mobile home park residents; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions is hereby amended as follows: 15.20.010 Definitions. A. "Mobile home" means a structure transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty two (32) forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. B. "Mobile home park" means any area, or premises, where space for tcn (10) seven (7) or more mobile homes are rented, held for rent, or for which free occupancy is permitted to users for the purpose of securing their trade and meets all the requirements of Chapter 17.26 of this code C. "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, and motor homes. Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page lof 5 Section 3: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.005 Definitions is hereby amended as follows: 17.26.005 Definitions. For the purpose of this title the following definitions apply. A. "Mobile home" means a single -story structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width of and forty (40) body feet or more in length, or, when erected on -site is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on -site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but does not include bay windows. 24CFR Part 3280. B. "Mobile home park" means a tract of land upon which ten (10) seven (7) or more mobile home spaces are located, established, or maintained for occupancy by mobile homes. Section 4: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.008 Definitions is hereby added as follows: 17.26.10 Applicability of this chapter A. Except as provided in section 17.36 of this title, all mobile home parks within the borough shall be constructed, operated, and maintained in accordance with the standards set forth in this chapter. Complete responsibility for standards established by this chapter and for construction within a mobile home park shall rest with the owner of such park. When a mobile home park site plan is approved, the provisions of chapter 17.26 of this title will apply in lieu of the provisions of the underlying zoning district. Section 5: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.010 Districts where permitted is hereby amended as follows: 17.26.010 Districts where permitted. A. Mobile home parks shall be permitted only in the R3-- Multifamily Residential District;, and B:Aas a conditional use in the B -- Business District. Section 6: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.020 Plan review is hereby amended as follows: 17.26.020 Plan review. A. An Every application for zoning compliance for a mobile home or a mobile home park shall include a site plan of the proposed mobile home park or expansion of an existing mobile home park except in instances where the building footprint and /or building placement is not altered. The site plan shall include: 1. The exterior boundaries of the subject property, its dimensions, and the area of the lot; and 2. All the items required by chapter 17.26 of this eede title. B. Plans for drainage, solid waste disposal, lighting, sewer, water, and roads for a mobile home park Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 2of 5 shall be prepared by a registered engineer and reviewed and approved by the engineering and facilities department prior to construction of the mobile home park. C. An as -built survey may be required to accompany zoning compliance permit applications. When required, the as -built survey will show the mobile home space boundaries, space size, parking area, proposed mobile home footprint, as well as separation distances and parking areas on all adjoining mobile home park spaces. Section 7: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.030 Park streets is hereby amended as follows: 17.26.030 Park streets. A. All park streets shall be at least gravel, well- drained, maintained, and open to traffic at all times and AB. Two -way traffic. Each driving lane shall meet the minimum requirements for the design and construction of local roads within a subdivision as provided in Title 16 of this codet. BC. One -way traffic. The driving lane shall be at least twelve (12) feet widest, t D. Dead -end streets shall have a turn- around or cul -de -sac approved by the engineering and facilities department; -and 14E. No dead -end street shall exceed five hundred (500) feet in length. Section 8: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.040 Parking is hereby amended as follows: 17.26.040 Parking. There shall be at least two (2) residential parking spaces included in each mobile home space, with minimum dimensions of nine (9) feet by eighteen (18) feet in size. Alternatively, the total amount of required parking for all mobile home spaces may be within a common parking area inside the mobile home park; subject to approval of the parking plan before the planning and zoning commission as a non - public hearing agenda item. All common parking areas shall be designed and approved as specified in section 17.57.080 of this chapter. Section 9: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.050 Walks is hereby amended as follows: 17.26.050 Walks. Provisions shall be made for at least a thirty (30) inch wide, well - drained and made of at a minimum the material as the park street, within the park for foot traffic to and from all mobile home spaces. Walkways shall not be included within the mobile home space. Section 10: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.060 Street names is hereby amended as follows: 17.26.060 Street names. Posting of street names and space numbers /addresses are the responsibility of te -owner-of the mobile home park owner. Street names and space numbers shall be assigned by the mobile home park owner and submitted to the community development department for review and approval subject to applicable street naming requirements. The established street names and space numbers /addresses shall be made available to the-borough-and other public agencies (e.g., fire department, law enforcement agencies, post office) by the community development department. Each - mobile -home Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 3of 5 Section 11: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.070 Mobile home spaces is hereby amended as follows: 17.26.70 Spaee- eoverage Mobile home spaces. A. "Mobile home space" means a plot of ground at least thirty (30) feet in width and of sufficient length to meet all separation distances specified in this section and located within a mobile home park intended for the accommodation of a mobile home. B. No mobile home space shall contain more than one (1) mobile home or doublewide mobile home. No other dwelling unity shall occupy a mobile home space. C. No combination of mobile home, addition thereto, or accessory building, shall occupy more than fifty (50) percent of the mobile home space. D. Each mobile home space within the park shall have direct access to a park street. The park street system shall have a connection to a public street with a right -of -way of not less than fifty (50) feet. E. No portion of a mobile home will be within twenty -five (25) feet of any public street not within the mobile home park, nor shall it be within ten (10) feet of any park street. F. No portion of a mobile home excluding the tongue shall be closer than ten (10) feet side to side eight (8) feet end to side, or six (6) feet end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a one (1) hour fire resistance rating or the structures are separated by a one (1 ) hour fire -rated barrier. G. An accessory building or a structure constructed of combustible materials shall be located no closer than five (5) feet from any other accessory building or structure within or adjacent to the mobile home space, and no closer than six (6) feet from any mobile home. H. No addition or combination of additions shall increase the area of the mobile home as originally manufactured by more than one hundred (100) percent. Section 12: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.100 Minimum distances is hereby repealed: €ellows: A. Any accessory building: --six (6) fcct; C. Any exterior property lint: ten (10) fcct; E. Any park street: ten (10) feet. Section 13: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.110 Screening is hereby amended as follows: 17.26.110 Screening. The commission may require that a fence, wall, or hedge be established and maintained between the mobile home park and any other lot if there is a written complaint found by the planning and zoning commission to warrant such screening Kodiak Island Borough, Alaska Ordinance No. FY2006-03 Page 4of 5 Section 14: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.120 Parking of mobile homes is hereby amended as follows: 17.26.120 Parking of mobile homes. A mobile home shall not remain more than seventy -two (72) hours in a park unless it is parked in a mobile home space or in a designated on -site storage area referenced in chapter 17.26.090 of this title. Section 15: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.130 Mobile homes on individual lots is hereby amended as follows: 17.26.130 Mobile homes on individual lots. A. No more than one (1) mobile home shall be allowed on an individual lot, unless the mobile home is lactated parked in a mobile home park. A single mobile home on an individual lot shall be subject to any ordinances which pertain to single - family residences: B. Individual mobile homes shall be subject to the minimum lot size and setback requirements of the particular zoning district in which they are to be located; and C. All mobile homes must be inspected and receive a certificate of occupancy from the building official prior to occupancy, except in those municipalities where the building code has not been adopted. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2005 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page Sof 5 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.D.1 Southern Region Emergency Medical Services Council Board of Directors Nomination. Mike Dolph's seat on the Southern Region Emergency Medical Services Council Board of Directors expires in November. There are no limits to the number of three -year terms a person may service, and Mike Dolph has expressed an interest in continuing to serve. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to nominate Mike Dolph to a three -year seat on the Southern Region Emergency Medical Services Council, Inc. September 9, 2005 Jerome Selby, Borough Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Selby: Sincerely, Deb1J' McCravey Deputy Director CC: Mike Dolph 6130 Tuttle Place • Anchorage, Alaska 99507 -2041 • 562 -6449 • FAX 562 -9893 Southern Region EMERGENCY Medical Services Council, Inc. The Executive Committee of Southern Region EMS Council, Inc. is seeking nominations to fill the upcoming vacancy on our Board of Directors for a representative from the Kodiak Island subarea. The vacancy will be created by the expiration of Mike Dolph's term in November of this year. There are no limits to the number of three -year terms a person may serve, and you are welcome to re- nominate Mike if you chose. The person nominated should have an active interest in EMS, not only in the community, but also in the region and the state. The person should have the time to participate in the Board of Directors meetings three times a year, and be prepared to share information that is learned at the meetings with his /her local EMS providers and those neighboring communities. Please submit any nominations and letters of support no later than October 14, 2005. The nominations will be presented to the Executive Committee for approval and to the Board of Directors at their annual meeting on November 8, 2005. If you have any questions, please direct them to Ronni Sullivan, Executive Director, or Debbie McCravey, Deputy Director, at (907) 562 -6449. WORKING TOGETHER TO SAVE LIVES ROMMAS INLAND BOROUGH CURIES OFFICE €OTIBD T O: ASSeMfL1 MAYOR MANAtiE O ER Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.D.2 Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Special Project — Plan Update. The purpose of this request is to accept $7,500 from the Department of Community and Economic Development. The grant is to provide funds for the completion of the KIB Coastal Management Plan Update. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to accept a grant in the amount of $7,500 from the Department of Community and Economic Development for the Fiscal Year 2006 Special Project - Plan Update. O F Ai State Alaska of S ti s Department of Commerce, Community and y A ° 4^ Economic Development Division of Community Advocacy Alaska Coastal Management Program Agreement C DE /' P �� A � R * TM �� E '+E NT OF Special Project(s) FY 06 COMMUNITY RCE ECONOMIC DEVELOPMENT Grant Agreement Number: I Amount of Federal Funds: (100 %) CFDA $7,500.00 Funding Source(s): 309 ►0 CC: G rantee;.:. Department Contact Person Name: Kodiak Island Borough Name: Sally Russell Cox Street/PO Box: 710 Mill Bay Road Title: Planner III City /State /Zip: Kodiak, Alaska 99615 -6340 Street/PO Box: 550 W 7th Ave. Ste. 1770 Contact Person: Mary Ogle, Communit Development Director City /State /Zip: Anchorage, AK 99501 -3510 Phone: (907) 486-9363 Fax: (907) 486-9396 Phone: 269 -4588 I Fax: 269 -4563 Email: mogle @kib.co.kodlak ak.us Email: sally_cox @commerce.state.ak.us AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter 'Department') and Kodiak Island Borough (hereinafter 'Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $7,500.00. Section 1I. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2005 and shall be completed no later than June 30. 2006. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Work Program Appendix A: Audit Regulations Attachment A2: Text Specifications Appendix B: Audit Compliance Supplement Attachment 8: Payment Method Appendix C: Indemnity and Insurance (if Attachment C: Standard Provisions applicable) Attachment D: Enforceable Policies Cross - Reference Table Attachment E: Designated Area Cross - Reference Table AMENDMENTS Attachment F: Mapping and Data Requirement for Coastal Any fully executed amendments to this District Plans Agreement Attachment G: ACMP GIS Protocols Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Peter McKay, Program Manager Date Date Reviewed by: Due Date 1 Project Milestones 2 Task/Products 10/15/05 Submit subcontracts to DCCED. 10/15/05 1st quarter progress and financial report (for the period July - Sept). 1/1/06 Revise Public Review Draft Plan Amendment, as necessary, based on public review and comments. 1/15/06 2nd quarter progress and financial report (for the period Oct - Dec). 2/15/06 Hold local public hearings and obtain resolution of support from local governing body. 3/1/06 Submit Final Draft Plan Amendment on CD -ROM to DNR/OPMP (4 copies) 4/15/06 3rd quarter progress and financial report (for the period Jan — March) 5/1/06 Following DNR determination of completeness of Final Draft Plan amendment, provide additional information to DNR/OPMP, if requested. 6/30/06 End of fiscal year 7/15/06 4 quarter progress and financial report (for the period April - June) 7/31/06 Grant closeout ATTACHMENT A - Work Program Page 3 of 6 TASK 4. Provide Additional Information on Public Review Draft Plan Amendment. Within 30 days of receiving the district's request to review and approve the Final Draft Plan Amendment, OPMP shall determine whether the Final Draft Plan Amendment is complete and notify the district accordingly. If the Final Draft Plan Amendment is not complete, OPMP shall inform the district what information or documentation is necessary to complete the Final Draft Plan Amendment. Within 30 days of receiving OPMP's notification that the Final Draft Plan Amendment is incomplete, the district shall provide OPMP with the necessary information or documentation identified by the office. This task should be completed no later than May 1, 2006. Additional information requested by OPMP should be Included in the final plan amendment and re- submitted In electronic format on a CD, in accordance with the Required Submission Format specified in this grant agreement. STAFFING Program Manager: The staff person responsible for coastal coordination is responsible for Tasks 1 -3. Subcontractor: A consultant may assist the Grantee with Tasks 2 and 3. The Department shall review and approve any subcontracts associated with the grant agreement. Subcontracts for special projects should be approved by the Department and in effect by 10/15/05. Unless other arrangements have been made with the Department, if the subcontract is not in effect by 10/15/05, the Department will process an amendment returning the special project funds to the Department. The Grantee is responsible for ensuring that all tasks assigned to a consultant are satisfactorily completed. SCHEDULE This is the last day for the task/product; the task/product can be completed earlier. As stated in the BUDGET section, penalties may be applied if tasks are not completed in a timely fashion. 2 Project Milestones are provided as guidelines only according to the anticipated project timeline. Kodiak Island Borough FY 06 ACMP District Coastal Management Plan Amendment Grant Task Description Amount 1 Quarterly progress and financial reports (each) $ 500 1 Final financial report $ 1000 2 Submission of subcontract to DCCED $ 500 2, 3 Resolution of Support from local governing body $ 500 3 Final Draft Plan Amendment $1000 4 Provide additional information on Final Draft Plan amendment, as requested by OPMP. $1000 ATTACHMENT A - Work Program Page 4 of 6 BUDGET Component Contractual TOTAL Budget $7,500.00 $7,500.00 1 Covers contractual costs of completing the district plan amendment including: n Consulting services to address the plan amendment tasks identified in the grant agreement. e Consultant travel • The preparation of maps related to district plan amendment ▪ Printing and distribution costs of Final Draft Plan Amendment Penalties: The following identifies amounts associated with the work tasks. If the Grantee fails to perform the work task satisfactorily (including being late), the Department will use the amount listed as a guide to determine whether reimbursement shall be made and the amount. is is a minimum. Kodiak Island Borough FY 06 ACMP District Coastal Management Plan Amendment Grant Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 6, 2005 Item No. 13.D.3 Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Required Tasks. The purpose of this request is to accept $32,108.21 from the Department of Community and Economic Development. This is an annual grant to provide funds for the required tasks to implement the KIB Coastal Management Program. FISCAL NOTES: ACCOUNT NO.: ® N/A Expenditure Amount Required: Budgeted: APPROVAL FOR AGENDA: Recommended motion: Move to accept a grant in the amount of $32,108.21 from the Department of Community and Economic Development for the Fiscal Year 2006 Required Tasks. State of Alaska Department of Commerce, Community and Economic Development Division of Community Advocacy DEPARTMENT Alaska Coastal Management Program Agreement COMMERCE FY 06 ECONOMIC ° F 4 L4 �� �w a OF D Grant Agreement Number: Amount of Federal Funds: (100 %) $32,108.21 CFDA Funding Source(s): ACMP 306 0 CC: 309 • CC: ;. Elf; t r9Q �. .. ...;_ Department Contact Person Name: Kodiak Island Borough Name: Sally Russell Cox Street/PO Box: 710 Mill Bay Road Title: Planner III City /State /Zip: Kodiak, Alaska 99615 -6340 Street/PO Box: 550 W 7th Ave. Ste. 1770 Contact Person: Mary Ogle, Communit Development Director City /State/Zip: Anchorage, AK 99501 -3510 Phone: (907) 486-9363 Fax: (907) 486-9396 Phone: 269-4588 J Fax: 269 -4563 Email: mogle @kib.co.kodiak.ak.us Email: sally_cox @commerce.state.ak.us The Alaska Department of (hereinafter 'Department') Section I. The Department in this agreement. The amount under this Agreement. In not Tess than 50% of the grant Section II. The Grantee shall Section III. The work to be than June 30, 2006. AGREEMENT Commerce, Community and Economic and Kodiak Island Borough (hereinafter Development, Division 'Grantee') agree as performance of the project work upon project expenses incurred, $32.108.21. The required of Community Advocacy set forth herein. under the terms outlined which are authorized match contribution is to be be completed no later shall pay the Grantee for the of the payment is based no event shall the payment exceed award. perform all of the work required performed under this agreement consists of this page and the by this Agreement. begins July 1, 2005 and shall following: APPENDICES Section IV. The agreement ATTACHMENTS Attachment A: Scope of Work 1. Required Tasks 2. Schedule of Tasks 3. Project Budget 4. Penalties 5. Special Considerations Attachment B: Payment Method Attachment C: Standard Provisions Appendix A: Audit Regulations Appendix B: Audit Compliance Supplement Appendix C: Indemnity and Insurance (if applicable) AMENDMENTS Any fully executed amendments to this Agreement Grante ° Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager, Printed Name and Title Peter McKay, Program Manager Date Date Reviewed by: Due Date' Task/Products Match Personal Services' October 15, 2005 lst quarter progress and financial report (for the period July - Sept). November 2-4, 2005 Coastal District Workshop in Anchorage. January 15, 2006 2nd quarter progress and financial report (for the period Oct - Dec). March 1, 2006 Submission of Final Draft Plan Amendment April 15, 2006 3rd quarter progress and financial report (for the period Jan - March). April 2006 FY 07 grant application deadline July 15, 2006 4th quarter progress and financial report (for the period April - June) July 15, 2006 Annual report, final fiscal report, ten year plan reapproval Component Budget Match Personal Services' $14,900.00 Plan Amendment $9,000.00 Conference Travel $350.00 District Travel $600.00 Equipment and Supplies $500.00 FY 05 Carry Forward $6,758.21 $3,379.11 Local Match $12,500.00 TOTAL $32,108.21 $15,879.11 STAFFING Program Manager: The staff person responsible for coastal coordination, funded with money from this grant, is responsible for Tasks 1 -5. SCHEDULE OF TASKS 1 This is the last day for the task/product; the task/product can be completed earlier. As stated in the BUDGET section, penalties may be applied if tasks are not completed in a timely fashion. BUDGET 1 Funds the staff person responsible for coastal coordination. 2 Funds contribute to completion of the district plan amendment. Funds may be used: a.) for personal services of the district coordinator to work on the district plan amendment and/or b.) to fund a consultant hired to work on the district plan amendment. 3 Funds the staff travel (airfare) to the statewide workshop. 4 For district travel relating to the implementation of the district coastal management plan and for additional travel costs associated with attending the statewide workshop. 5 FY 05 Carry Forward funds to be used for completion of the district plan amendment. These funds must be spent and the match requirement met by December 31, 2005. 6 This grant requires a non - federal cash or in -kind match. The match requirement for municipal districts is to be not less than 50% and must clearly demonstrated that it relates directly to this program. Match is not required for conference travel funds. Rev7/2005 Alaska Coastal Management Program Grant Agreement Attachment A: Kodiak Island Borough Page 3 of 3 Task Description Amount 1 Quarterly progress and financial reports (each) $1,500 1 Annual report, ten year plan reapproval $1,500 2 Statewide ACMP workshop $1,000 3 Consistency reviews' $750 4 Coordination and assistance' $750 5 District plan amendment $1,000 PENALTIES The following identifies amounts associated with the work tasks. If the Grantee fails to perform the work task satisfactorily (including being late), the Department will use the amount listed as a guide to determine whether reimbursement shall be made and the amount. This is a minimum SPECIAL CONSIDERATIONS ACMP Funding Acknowledgement The following notation, and DNR, ACMP, and NOAA logos shall be presented in the title block on maps, and on the cover or first page of other grant products that are for public distribution. The logos and notation are not required on reports documents submitted only to NOAA, OPMP, or COMMERCE. The Department will provide a copy of the logos to the Grantee. "This publication (or report, or map) was funded by the Alaska Coastal Management Program, Department of Natural Resources, pursuant to National Oceanic and Atmospheric Administration Award No. NA05NOS4191147. The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA." This requirement does not apply to reports submitted only to NOAA and which are not intended for public distribution, such as project progress reports and financial reports. Web Site Information: The Grantee is encouraged to provide DNR, OPMP's Coastal Program Publication Specialist with information and current updates concerning required tasks and special project activities funded under this grant. The information provided would be displayed on DNB's OPMP web site. If the Grantee has a web site, the Grantee is encouraged to also present the information. The Grantee is also encouraged to work with DNR, OPMP to establish web site links. Purchasing equipment: To purchase equipment costing in excess of $5,000 per unit and having a useful life of more than one year, the Grantee must request prior approval from DNR, OPMP and COMMERCE. This requirement applies to equipment not specifically identified and justified in the Grantee's proposal and approved budget. When equipment costing more than $5,000 is purchased with Federal funds, the Grantee shall provide an annual inventory of Federally owned property used in conjunction with a project approved under the terms of this grant agreement. The inventory shall be submitted to COMMERCE and DNR, OPMP with the final financial status report. Federally owned property is described as property purchased or owned by the federal govemment and loaned to the recipient for use in conjunction with grant related project work. The inventory provided shall Rev7 /2005 Alaska Coastal Management Program Grant Agreement Attachment A: Kodiak Is /and Borough Page 4 of 5 Russell L. Toms 11555 Middle Bay Drive Kodiak, AK 99615 To Whom It May Concern: I am submitting my resignation from the Woman's Bay Area Service board as of September 27, 2005. I have accepted a new position which will require me to relocate off the island. �.._ Rrah Russell L. Toms September 27, 2005 p [ECEOVE ni SEP292005 D . BOROUGH CLERK'S OFFICE Russell L Toms 11555 Middle Bay Drive Kodiak, AK 99615 September 27, 2005 To Whom It May Concern: I am submitting my resignation from the Woman's Bay Area Service board as of September 27, 2005. I have accepted a new position which will require me to relocate off the island i — ertfihI1y Russell L Toms 1))1ECEOVIE ill SEP 2 9 2005 D BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — July 25, 2005 The Board of Education of the Kodiak Island Borough School District met in regular session on July 25, 2005, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Acting Board President Roy Brown called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Scott Amdt Jeff Stephan Roy Brown CDR John Furman Absent: Norm Wooten, excused Elizabeth Odell, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters Gregg Hacker Bill Watkins Susan Payne Barbara Bolson Stewart McDonald Doug Letch Lisa Johnson Steve Kreber Wes Hanna Vanessa Bryant LCDR Virginia Cameron MINUTES: The minutes of the Regular Meeting of June 20, 2005 and the Special Meetings of June 27, 2005, and July 11, 2005 were to be considered for approval and/or correction. MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of June 20, 2005 and the Special Meetings of June 27, 2005, and July 11, 2005 as presented. JEFF STEPHAN 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. SCHOOL BOARD REGULAR MEETING July 25, 2005 Page 2 COMMUNITY COMMENTS: Kodiak High School parent Susan Payne stepped to the podium and shared with Board members and the listening audience that in May 2005, her son's life was threatened by another student at Kodiak High School. She was told that she would be contacted within 10 days if the student who threatened her son would be returning to Kodiak High School. To -date she still has not found out if the student that threatened her son's life would be returning to the Kodiak High School. Acting Board President Roy Brown responded that this was an ongoing situation and could not be discussed in a public forum. He encouraged Mrs. Payne to contact school officials. CORRESPONDENCE: None PROGRAM /STAFF REPORTS: 1. Summer School Report — Summer school programs for grades pre -K through 12 recently ended with approximately 216 students enrolled in pre -K through 12 grade. Director of Instructional Services Bill Watkins stepped up to the podium and apprised Board members and the listening audience that six elementary teachers were hired in town. Two teachers were hired to provide reading, writing and math for students who would be attending middle school, and one teacher was hired to provide a multi - purpose summer school for high school students. The rural schools of Port Lions, Ouzinkie, Old Harbor and Larsen Bay each had a certificated teacher for their summer programs. The special education program lasted an additional two weeks with ten teachers and thirteen aides providing services for those students who qualified for the program. He did share, however, that due to the lack of funding, the 2005 academic summer program had less teacher contact time than in the past summer programs. He thanked Board members for their continued support of the program. SUPERINTENDENT'S REPORT: 1. Superintendent Betty Walters stated that a community forum for safety is scheduled for Tuesday, August 2 at 7:00 p.m. in Borough Assembly Chambers. 2. She shared that Director of Instructional Services Bill Watkins is working with a presenter for conflict resolution and peer mediation and KIESA president Sandy Daws is collaborating with the National Education Association for a presenter to talk with students, staff and community members before the start of school. Kodiak High School principal Bob Meade is working with a presenter from Fairbanks and Superintendent Walters is working with the Anchorage School District as well on securing a presenter. SCHOOL BOARD REGULAR MEETING July 25, 2005 Page 3 3. Superintendent Walters also shared that she has been working closely with City Manager Linda Freed for a police liaison officer at Kodiak High School. The police department will provide the District with an officer for the first month of school in addition to the DARE officer. Should Board members decide to keep that position for the remainder of the 2005/2006 school year, the District would be responsible for the funding. 4. She stated that the Back to School Issue is forthcoming; however, due to complications, the bus schedule may not be in the same issue. UNFINISHED BUSINESS: None NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administration has five certificated contracts to bring forward for Board approval. MOTION JEFF STEPHAN moved to approve an administrative contract for the 2005/2006 school year to Chris Aguirre — in the amount of $78,310 for 1.0 FTE Administrator and certificated contracts to Kenneth Mach — BA +0/0 in the amount of $35,541 for 1.0 FTE Kodiak High School, David Willson — MA +54/8 in the amount of $65,395 plus $355 special education stipend for 1.0 FTE School Psychologist, Tad Wellman — MA +0/0 in the amount of $40,517 for 1.0 FTE Secondary ESL — Town and Joan O'Neal — BA +0/5 in the amount of $46,914 plus $355 village stipend for 1.0 FTE Village School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 2. 2004/2005 School District Report Card to the Public — Following Board action, the Report Card will be forwarded to the Alaska Department of Education and Early Development. MOTION SCOTT ARNDT moved to acknowledge receipt of the 2004/2005 School District Report Card to the Public. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. 3. NSBA President -Elect Nomination —Board Member Norm Wooten has requested support of his decision to run for the office of National School Boards Association President - Elect. MOTION JEFF STEPHAN moved to approve formal support for Norm Wooten's candidacy for President - Elect of the National School Boards Association. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote of all members present. SCHOOL BOARD REGULAR MEETING July 25, 2005 Page 4 4. FY 05 Title IC, Migrant Education Summer Grant Award — This grant supplies additional migrant education funds to provide summer school programs for migrant students. MOTION SCOTT ARNDT moved to accept the FY 05 Title IC, Migrant Education Summer Grant Award in the amount of $17,075. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 5. FY 05 GEAR UP Alaska Grant Award — This grant assists in developing supplemental programs that increase students' knowledge of secondary and post- secondary opportunities. MOTION JEFF STEPHAN moved to accept the FY 05 GEAR UP Alaska Grant Amendment increase in the amount of $5,815 for a total grant award of $70,815. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 6. FY 05 End of Year Budget Revisions — These revisions are done every year to bring the final budget into balance. MOTION SCOTT ARNDT moved to approve the final FY 05 Budget in the amount of $28,662,072 in revenues and expenditures. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 7. FY 06 Alaska Community Centers Learning Program Grant Award — This grant funds activities at Main Elementary and East Elementary focusing on increasing student achievement of below proficient students in grades 2 -5, and provides enrichment and opportunities for students before school, after school and in summer immersion projects. MOTION JEFF STEPHAN moved to accept the FY 06 Alaska Community Centers Learning Program Grant Award in the amount of $8,000. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 8. FY 06 Final Budget — Board members approved the FY 06 KIBSD Budget of $29,552,466 at their Regular Meeting of April 12, 2005. Director of Finance Dave Jones is requesting board action to approve the FY 06 Final Budget in the amount of $28,937,641. MOTION SCOTT ARNDT moved to approve the FY 06 Final Budget in the amount of $28,937,641. JEFF STEPHAN seconded the motion. SCHOOL BOARD REGULAR MEETING July 25, 2005 Page 5 Board member Scott Arndt inquired if the FY 06 Budget had been formally adopted by Board members in April 2005. If that was the case, the motion would be an amendment to the final FY 06 Budget. MOTION AMENDED SCOTT ARNDT moved to approve the amended FY 06 Final Budget to reflect revenues and expenditures in the amount of $28,937,641. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 9. Request for Surplus Equipment Disposal — The District has surplus equipment that has exceeded its useful service life or no longer meets the needs of the District. MOTION JEFF STEPHAN moved to approve the request for surplus equipment disposal. SCOTT ARNDT seconded the motion and it carried unanimously by a voice vote of all members present. 10. May Report of Revenues and Expenditures MOTION SCOTT ARNDT moved to approve the May Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $24,203,358 and year -to -date general fund expenditures in the amount of $22,563,922 JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 11. Appointment of U.S. Coast Guard Representative — United States Coast Guard Integrated Support and Command Center Kodiak has nominated Lieutenant Commander Virginia Cameron to serve as the Coast Guard Representative to the School Board. Board president Roy Brown read Resolution 056 -001, Recognition of Service for outgoing U.S. Coast Guard Representative CDR John Furman into the record. FUTURE BUSINESS: 1. The meeting schedule for August calls for a Work Session on Monday, August 15, 2005 in the District's conference room and a Regular Meeting on Monday, August 29, 2005 in the Borough Assembly Chambers. 2. Schools island -wide will be opening their doors soon to students. COMMUNITY COMMENTS: None SCHOOL BOARD REGULAR MEETING July 25, 2005 Page 6 BOARD COMMENTS: 1. Scott Arndt thanked CDR John Furman for the time and dedication he has contributed to serving the students and families of Kodiak as the School Boards U.S. Coast Guard representative. He shared that people don't realize how much time and commitment it takes to fulfill the responsibilities of being a Board member. 2. Jeff Stephan also extended his thanks to CDR Furman and shared that he knew how much John cared about the School Board and students. He welcomed LCDR Virginia Cameron to the School Board. Mr. Stephan also stated that he realizes how delicate school discipline issues can be and as a School Board member, he felt inadequate with how Ms. Payne left the podium. He shared that Board members did not expel students; however, should an expulsion be appealed it would at that time come before the Board. 3. Roy Brown thanked CDR John Furman again and encouraged parents to attend the community forum scheduled for August 2, 2005. ADJOURNMENT: SCOTT ARNDT moved to adjourn the Regular Meeting. JEFF STEPHAN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Acting President Roy Brown adjourned the Regular Meeting at 8:02 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 29, 2005. Reectfully Submitted, Sheila Roberts Administrative Assistant KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 1, 2005 The Board of Education of the Kodiak Island Borough School District met in special session on August 1, 2005, in the School District Conference Room. Acting Board President Roy Brown called the meeting to order at 12:10 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Scott Arndt Absent: Jeff Stephan, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: Betty Walters NEW BUSINESS: Elizabeth Odell Roy Brown ofh SEP 1 3 2005 BOROUGH CLERK'S OFFICE 1. 2005/2006 Certificated Contracts — Administrators have two recommendations for certificated contracts prepared for Board approval. MOTION NORM WOOTEN moved to approve certificated contracts for the 2005/2006 school year to Nancy Podgorski — MA +0/3 in the amount of $48,336 for 1.0 FTE Curriculum Coordinator and Tara Woodill — BA +18/3 in the amount of $45,848, plus $355 special education stipend for 1.0 FTE Speech Language. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. ADJOURNMENT MOTION NORM WOOTEN moved to adjourn the Special Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Acting Board President Roy Brown adjourned the Special Meeting at 12:15 p.m. SCHOOL BOARD SPECIAL MEETING August 1, 2005 Page 2 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 29, 2005. Respectfully sub fitted, Karen Elizabeth En and Executive Secretary KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 15, 2005 The Board of Education of the Kodiak Island Borough School District met in special session on August 15, 2005, in the School District Conference Room. Acting Board President Elizabeth Odell called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present: Norm Wooten LCDR Virginia Cameron Excused: Roy Brown, excused Jeff Stephans, excused A quorum was established. ALSO PRESENT: Betty Walters Jack Walsh Barbara Bolson Stewart McDonald Heather Wheeler Scott Arndt Jordan Rodgers Bill Watkins Bob Tucker Gregg Hacker John Sedor Marcia Lynn Elizabeth Odell Larry LeDoux Porfy Lopez -Trout Bob Meade Meri Holden NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administration has one contract prepared for Board approval. MOTION NORM WOOTEN moved to approve a certificated contract for the 2005/2006 school year to Lynne Ciotti — BA +36/8 in the amount of $57,221, plus $355 special education stipend for 1.0 FTE Peterson Elementary School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 2. Recommendation for District Legal Services — The District received notification from Bankston, Gronning, O'Hara that after 17 years attorney John Sedor has started his own legal firm in Anchorage. Superintendent Walters is recommending the District transfer legal representation from Bankson, Gronning, O'Hara to Sedor, Wendlandt, and Wang. p flodl d$ SEP 1 3 2005 BOROUGH CLERK'S OFFICE SCHOOL BOARD SPECIAL MEETING August 15, 2005 Page 2 MOTION NORM WOOTEN moved to approve the transfer of District legal representation from Bankston, Gronning,O'Hara to Sedor, Wendlandt, and Wang. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 3. Executive Session — Legal Matters MOTION SCOTT ARNDT moved to enter into Executive Session following the Work Session to discuss legal matters and to include Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh, Director of Special Services Heather Wheeler and School District Lawyer John Sedor. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. At 7:05 p.m. the Special Meeting recessed into the regularly scheduled Work Session. Following the conclusion of the Work Session, the Special Meeting reconvened at 9:10 p.m. and recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 10:38 p.m. ADJOURNMENT: NORM WOOTEN moved to adjourn the Special Meeting. SCOTT ARNDT seconded the motion, and it carved unanimously by a voice vote. There being no further business, Acting Board President Elizabeth Odell adjourned the Special Meeting at 10:39 p.m. ,Respectfully Submitted, Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 29, 2005. oftzelldt f the Board KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 22, 2005 The Board of Education of the Kodiak Island Borough School District met in special session on August 22, 2005, in the School District Conference Room. Acting Board President Roy Brown called the meeting to order at 12 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Elizabeth Odell Roy Brown Scott Arndt Absent: Jeff Stephan, excused LCDR Virginia Cameron, excused Jordan Rodgers, excused A quorum was established. ALSO PRESENT: ADJOURNMENT R ECEIIVE SEP 1 3 2005 BOROUGH CLERK'S OFFICE Betty Walters NEW BUSINESS: 1. 2005/2006 Certificated Contracts — Administrators have one recommendation for a certificated contract prepared for Board approval. MOTION NORM WOOTEN moved to approve a certificated contract for the 2005/2006 school year to Roy Strom — BA +0/5 in the amount of $46,914, plus $355 village stipend for 1.0 FTE rural school. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. MOTION NORM WOOTEN moved to adjourn the Special Meeting. ELIZABETH ODELL seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Acting Board President Roy Brown adjourned the Special Meeting at 12:05 p.m. SCHOOL BOARD SPECIAL MEETING August 22, 2005 Page 2 Resp,eetfully submitted, Sheila J. Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 29, 2005. Service Area No. 1 Board Regular Meeting Minutes 7 June 2005 at 7:00 p.m. KIB Conference Room A. Call to Order Chairperson Kevin Arndt called the meeting to order at 7:OOpm. B. Roll Call Present were Board Members Kevin Arndt, Ed Mahoney, Greg Spalinger and Peggy Tuttle. Absent Members were Scott Arndt and Charlie Lorenson. Bud Cassidy and Sharon Lea Adinolfi [E /F Department] were also present. C. Approval of Agenda It was moved, G. Spalinger, and seconded, P. Tuttle, to approve the Agenda. The Agenda was approved by a unanimous voice vote. D. Approval of Minutes It was moved, G. Spalinger, the Minutes [27 April 2005]. the Minutes were approved, vote. E. Financial Report Public Comments It was moved, G. Spalinger, and seconded, P. Tuttle, to acknowledge acceptance of the Financial Report. There was a unanimous voice vote. F. Public Comments None. and seconded, There were 2 as corrected, P. Tuttle, to approve minor corrections and by a unanimous voice \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 7 2005.doc Page 1 of 4 ECEO 1 11 SEP 2 2 2005 BOROUGH CLERK'S OFFICE and June G. Chair Report TheR Chanr4nformed the Board that there was concern re speed " limits, - partictiilarly on Sharatin and Spruce Cape Road. It was noted that the State had just changed the signs along Spruce Cape to '25 m1Y.. G. Spalinger questioned the need for better signage on Shar tin. One part of the road is 25 mph and another part is 20 mph. It should be consistent. The Chair went on to say that calcium chloride had been put down on the roads, although some of the roads did not receive quite enough of the material and those roads would be done again. There would also be a second application of all roads. H. Old Business None H. New Business Road Maintenance Bid Review. The results of the RFP for road maintenance for Service District #1 were reviewed by the Board Members. The Members discussed the costs, equipment availability and workforce levels. K. Arndt commented on Brechan's response time, quality of grading work done, availability of equipment and manpower. G. Spalinger moved to award the Road Maintenance Contract for SD #1 to Brechan Enterprises, Inc. The motion was seconded by P. Tuttle. Discussion: E. Mahoney stated that although he felt B &R Fish By Products' prices were fair and it was a good proposal, that Brechan had more equipment and had done a good job for the past 2 years. He questioned B &R's experience. K. Arndt advised the Board that B &R had the road maintenance contract in Womans Bay Service Area at some point and that the Board for that service area had problems w /B &R's responsiveness and quality of work. B. Cassidy noted that at the time B &R had the contract for Womans Bay the winters had been severe - a heavy amount of snow \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 7 June 2005.doc Page 2 of 4 and that B &R had been stretched in terms of his work commitments. P. Tuttle noted that B &R did not have a 2nd grader, which is SD #1's preference. A roll call vote was taken on the motion to award the contract for SD #1 road maintenance to Brechan Enterprises, Inc. The vote was unanimous in the affirmative. I. Public Comments None J. Board Comments P. Tuttle questioned the "gumminess" on the roads after calcium chloride was laid down. Was this normal? G. Spalinger /K. Arndt responded - it was normal. P. Tuttle also noted that when the work was done there were cars, boats, trailers on the road and suggested that the next time the work is done that residents be alerted so that vehicles can be removed and the whole of the roads done. P. Tuttle expressed her displeasure with some areas where the speed limit was 25 mph - other residents have complained and she thought the Board had discussed 20 mph signs in some areas. G. Spalinger. None E. Mahoney. E. Mahoney thanked, for the record, B &R Fish By Products for making a good faith effort in presenting a proposal for the road maintenance work. Also, he thought it was a good idea to get the calcium chloride down again. K. Arndt. K. Arndt noted that some cleaning, ditch work and D -1 was on the work schedule. He suggested the next meeting be scheduled for sometime after the 2nd week in August. \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 7 June 2005.doc Page 3 of 4 K. Adjournment There being no further business before the Board, the meeting was adjourned at 7:45pm. Respectfully submitted: I Sharon Le. dinolfi, Secreta KIB Engineering /Facilities De Lt C nnro Kevi Arndt, Chair Service Area No. 1 Board Date: Date: 9 _ O� \ \dove \Departments \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2005 \Minutes 7 June 2005.doc Page 4 of 4 A. Call to Order Chairman Scott Arndt called the meeting to order at 7:OOpm. B. Roll Call Present were: Board members Scott Arndt, Jerrol Friend, Gregg Hacker and Brent Watkins. Absent members were Mike Anderson, Charlie Jerling and Jay Johnston. Also in attendance were Robert Tucker, Doug Mathers, Gary Carver and Laura Kelly. In attendance from the KIB E/F Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. The Chair asked for a motion excusing those Members absent - all were out of town. J. Friend made a motion to excuse absent Members. The motion was seconded by B. Watkins. There was a unanimous affirmative voice vote. C. Approval of Agenda The Chair informed the Board that the first meeting of the Board in the new year required election of officers - both Chair and Vice Chair. He suggested adding to the Agenda [G 1.] Election of Officers. B. Watkins moved to accept the Agenda as amended, J. Friend seconded the motion and there was an affirmative unanimous voice vote. D. Approval of Minutes Minutes Architectural Review Board 15 March 2005 7:OOpm KFRC Conference Room The Chair advised that the Minutes [10 May, 9 June and 14 Sept. 2004] would be reviewed at the next meeting. E. Presentation of Bayside FD Development Plan S. Arndt, Chair of Fire Protection Area #1, presented plans re development of area at Bayside FD. A training area made up of a 2 -story modular unit [burn building] is planned and has been brought before P &Z for approval. There will also be a small addition on the backside of the existing utility building to house a backup generator and a new boiler area. At a point further in the future there are plans to add a 4 bay addition. S. Arndt said that what was being requested at this meeting was \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARB 15 Mar 2005.doc Page 1 of 4 approval'by the ARB to place the modular structure on the site and to add onto the existing utility building. Doug Mathers, President of the Volunteer Firefighters Association passed out information on the modular burn unit and gave a presentation using line drawings of the structure. The unit is 60' X 40' - 1/2 of the unit will be 1 story and 1/2 will be 2 story. D. Mathers reviewed the layout and specs of the unit. S. Arndt indicated that the Volunteer Association is providing the funds for this unit. The unit will become Borough property to access the necessary liability insurance. The purpose of the unit is to train firefighters. The unit will be made available to other firefighting entities for training. D. Mathers indicated that this unit will be of benefit to the entire community. B. Watkins questioned the lifespan of the unit. S. Arndt responded - 30 -40 years. D. Mathers added that depending on use and maintenance the lifespan could be indefinite. S. Arndt asked for approval by the ARB to continue forward with this project. J. Friend made a motion to approve this part of the plan [the modular burn unit] at Bayside FD. B. Watkins seconded the motion. There was a unanimous roll call vote in the affirmative. Next approval sought was for a 20' X 30' addition to the utility building which would house a new generator and boiler room. J. Friend made a motion to approve the addition. The motion was seconded by B. Watkins. There was a unanimous affirmative roll call vote. F. Review and Rating of Proposals for Seismic Vulnerability Assessment B. Cassidy, Director, Eng /Fac Dept., introduced Ken Smith. Ken is a civil /structural engineer and has been hired by the Borough to work on the bond issue projects as Project Manager /Inspector. B. Cassidy told the Board that 11 proposals had been received by the Borough in response to an RFP for Seismic Vulnerability Assessment. There is a great deal of material /detail for the Members to review and absorb. The consensus was that more than one meeting would be required to review the proposals. The Members present agreed to review the material over the next 2 weeks and return on 29 March to complete the review that would then lead to a "short list" of proposers to interview for the seismic valuation of the schools. \\ dove\ Departments \EF \Projects \Architectural Review Board\Minutes ARB 15 Mar 2005.doc Page 2 of 4 With regards to disseminating copies of the proposals to parties other than the ARB, B. Watkins moved that those interested parties [G. Carver, L. Kelly, H. Weston] receive copies of the proposals for their review. J. Friend seconded the motion and there was a unanimous voice vote. Dr. Gary Carver let the Board know that although he had been approached by some of the proposers to provide consultation services, he would rather volunteer his services to the ARB and the community. He made himself available via internet /phone for any technical assistance as the Board Members reviewed the Seismic Proposals. G. Memo - Price Escalation and Money Saving Considerations B. Cassidy had prepared a Memo for the Board Members re the escalation of the cost of materials and labor which has taken place since the Bond Issues were voted on. Included in the memo were some cost - saving ideas and he encouraged the Members to give some thought to ways in which the design /construction process could be accomplished in a cost effective manner. G.1. Election of Officers A motion was made by J. Friend and seconded by B. Watkins to retain Scott Arndt as Chair and Jay Johnston as Vice Chair. There was a unanimous affirmative voice vote. H. Public Comments K. Smith expressed his pleasure in attending the meeting and said he looked forward to working with the ARB. I.Board Member Comments G. Hacker questioned G. Carver re the importance of looking at the proposals in terms of geotechnical expertise. G. Carver responded that there are 2 important areas to consider: ground motion and structural performance. There needs to be a balance between the 2 disciplines - hazard risk [geotechnical] has to be assessed and the engineering aspect [structural] must be assessed. L. Kelly said that from an engineering perspective the building codes are, for the most part, at a "bare minimum ". The IBC has begun to make some progress in the area of seismic evaluation. \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARB 15 Mar 2005.doc Page 3 of 4 Her concern is that not all firms will be attuned to the stricter guidelines because this is new territory. G. Carver indicated that the seismic analysis must be accomplished in the best possible way - with strict adherence to FEMA regulations. He noted that firms familiar with working with FEMA would be helpful in attracting Federal dollars for the projects. There were no other Board Member comments. J. Adjournment The Chair adjourned the meeting at 8:10pm. Respectfully submitted: haron 'a Adinolfi, Sec ' ary KIB Engineering /Facilities Dept. Approved by: Sl0 Scott Arndt, Chair Architectural Review Board Date: Date: 9 /3- - . 2 G?? \\ dove\ Departments \EF \Projects \Architectural Review Board \Minutes ARE 15 Mar 2005.doc Page 4 of 4 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING AUGUST 17, 2005 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on August 17, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Casey Janz Reed Oswalt Gary Carver Dennis McMurry Excused Brent Watkins David King Others Present Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. ECIEOVE BOROUGH CLERK'S OFF CE SEP 2 6 2005 A quorum was established. III APPROVAL OF AGENDA COMMISSIONER McMURRY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5 -0. IV. MINUTES OF PREVIOUS MEETINGS COMMISSIONER McMURRY MOVED TO APPROVE the minutes of July 20, 2005, and COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A. Case 06 -002. Request for a Similar Use Determination, per KIBC 17.03.090, to permit a single story 1200 sq. ft. structure built to be used as a school classroom and office space for a time not to exceed three (3) years, after which time the facility may be used entirely for church related purposes, subject to the review and approval of a conditional use permit for the expansion of church use in the B- Business zoning district. Staff reported (20) public hearing notices were distributed for this case on July 27, 2005 with none returned. The applicant requested interpretation to put a school on this property. Strict interpretation of the ordinance says that schools themselves are not permitted in the business zone, but it is common in determining zoning uses that schools associated with churches tend to be on the same facility, so the P & Z Regular Meeting Minutes: August 17, 2005 Page 1 of 7 applicant was directed to file a Similar Use Determination stating that a school use is similar to a church use and other types of office uses within the business zoning district. We have a staff report to support the recommendation, which staff believes this request meets the standards of a Similar Use Determination as reflected in the Findings of Fact in the staff report. Should the commission agree with the staff recommendation, the appropriate motion is as read in the report. COMMISSIONER CARVER MOTIONED TO GRANT a similar use determination in accordance with KIBC 17.03.090, to permit a 1,200 Sq. Ft. expansion of an existing nonconforming school use on Lots 27A and 27B, U.S. Survey 3098, as a use similar, in terms of character and impact to the permitted uses specified in KIBC 17.24.020.B for Assembly Halls; and KIBC 17.21.020.I for Fraternal Organizations and Private Clubs; and KIBC 17.21.020.V for Offices; and KIBC 17.21.020.BB for Retail Stores and Service uses, and to adopt the findings in the staff report dated August 5, 2005 in support of this determination. COMMISSIONER OSWALT SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: FINDINGS OF FACT 1. The petitioner will be required to submit a detailed site plan and building plan for zoning compliance review once the appeal period has elapsed for a decision of the Kodiak Island Borough Planning and Zoning Commission. 2. This determination is substantially based upon the verbal and written information submitted by the petitioner for review. Subsequent changes to, or further expansion of, the school use or structures permitted by this determination shall be subject to a re- evaluation of this determination by the Kodiak Island Borough Planning and Zoning Commission in order to determine if the increased scale or density of the use has implications not previously addressed by this determination. 3. This determination includes within its scope all existing nonconforming school use and related school structures currently located on Lots 27A and 27B, U.S. Survey 3098, that are occupied for school use, in addition to the proposed 1,200 Sq. Ft. office and classroom building expansion. 4. There is no need to limit the school use, and proposed expansion thereof, to a three (3) year time frame as suggested by the petitioner, provided the Commission determines that the school use is similar in character and impact to certain permitted uses in the B- Business zone. The subsequent expansion of the church use P & Z Regular Meeting Minutes: August 17, 2005 Page 2 of 7 however, as indicated in the petitioner's submittal, will require a Conditional Use Permit under the applicable provisions of KIBC 17.21.030.A and KIBC 17.67. 5. The proposed school expansion will permit the Kodiak Christian School to continue to serve its students on a single site and in the most efficient manner on the same site where the school activity has already been occurring for many years. 6. The proposed parking characteristics and traffic generation of the expanded school use are not expected to substantially increase traffic in the area. These parking characteristics are found to be similar to several permitted uses in the B- Business zoning district and the arterial status and design of Mill Bay Road is sufficient to handle any marginal increase in traffic from this expansion of use. 7. The hours of operation for the school use will not be substantially different from past experience and these hours of operation are similar to many permitted office, retail and service uses permitted in the B- Business zoning district. 8. The expanded school use will require a screening review by the Commission prior to issuance of a Certificate of Occupancy, this review would be similarly be required for the expansion of any permitted use in the B- Business zoning district. 9. Any changes to the site layout or parking plan that are required as a result of the building addition will be reviewed by staff and held to the same site development standards that apply to other permitted use in the B- Business zoning district The question was called, and CARRIED 5 -0. Case 06 -003. Request a Variance from KIBC 17.19.040 A, to allow a 6.5 -foot encroachment into the 25 -foot front yard setback, in accordance with KIBC 17.66.020. A plat note appearing on the face of Plat Number 96 -19 Kodiak Recording District requires the setback. Located at Woodland Acres 8` Addition, Block 12 Lot 2 and zone R2 — Two Family Residential Staff indicated there were one - hundred -three (103) public hearing notices were distributed on August 1, 2005 with one (1) written response returned. When this portion of Woodland Acres was subdivided, several flag lots were created, and at that time the Planning & Zoning Commission wanted to make clear what should be determined what should be the front yard. They determined the beginning of the flag strip of 50 ft. along the road is not where you take the front yard setback, they wanted it to be where part of where the flag opened up to be the true front yard line, so the applicant is requesting a variance from that additional condition that was placed on this specific property. Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be P & Z Regular Meeting Minutes: August 17, 2005 Page 3 of 7 granted under Chapter 17.66 (Variance) of the Borough Code. Exhibit 3 shows the plat and the existing property line and the normally required front yard setback should be. The last exhibit in the report is a statement of remonstrance from Constance Jenson that is part of the record and in the report for you to consider. COMMISSIONER OSWALT MOVED TO GRANT a variance from KIBC 17.90.040 A, to allow a 6.5 -foot encroachment into the 25 -foot front yard setback, in accordance with KIBC 17.66.020, and to adopt those Findings of Fact contained in the staff report dated August 3, 2005, as Findings of Fact for the Case No. 06 -003. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are no physical circumstances applicable to the property, which does not apply generally to other lots in the R -2 Two Family Residential Zoning District. Staff review determined that the administratively conditioned development restrictions placed on this property during the subdivision process resulted in an inequitable burden not shared by similarly situated properties. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances, as currently applied, would relieve the property of the 25 -foot minimum setback requirement per Plat Note No. 1 of Plat 96 -19. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a 6.5 encroachment into the required 25 -foot front yard setback would not be detrimental to the public's health, safety and welfare. The proposed construction will be accomplished with appropriate oversight from agency inspectors in accordance with applicable building codes. Granting the variance would not prejudice other properties in the R -2 Two Family Residential Zoning District as minimum setbacks will be met. P & Z Regular Meeting Minutes: August 17, 2005 Page 4 of 7 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site- specific standards such as setbacks. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The intent of the KIB variance standards, and the applicable Alaska Statutes which form their basis, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. In this case, the actions of the applicant substantially relied upon the administrative guidance provided by staff prior to undertaking initial construction. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the R -2 Two Family Residential Zoning District. The question was called, and CARRIED 5 -0. VII. OLD BUSINESS A) Case 05 -009. Variance. Adopt Findings of Facts. COMMISSIONER McMURRY MOVED TO ADOPT the alternate Findings of Facts for Case 05- 009.COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstance appears to be the lot area subject to tidal action that is the subject of this request. It should be noted that this exceptional circumstance does not affect all of the lots proposed in the subdivision; however it does pertain to proposed Lots 3C through 3F as indicated. 17.66.050 A.2.Strict application of the zoning ordinances would result inpractical difficulties or unnecessary hardships. The petitioner is indicating through this request that the strict application of the zoning ordinance (and by implication subdivision ordinance) will result in practical difficulties or unnecessary hardships. The result of the applicable zoning and subdivision code provisions is to disallow substantial land area subject to tidal action from being considered as part of the proposed subdivision. If relief cannot be obtained by variance, the subdivider will have to reduce the number of lots in the subdivision from the requested seven (7) lots down to about four (4) lots, or P & Z Regular Meeting Minutes: August 17, 2005 Page 5 of 7 redesign the subdivision substantially to share the burden of the tidally influenced land more equally among the proposed lots. The minimum lot area standards of the KIB zoning code are minimum standard to regulate overall density. Given the significant amount of naturally encumbered area within this larger lot, the overall impact to density is minimal. Providing a set number of potential lots through this variance does not imply that the subdivision layout and design is approved as part of this variance request. The minimum allowable lot size should be whatever the Commission determines is necessary to develop a "reasonable" use of the land. In the C- Conservation zoning district, this means a lot that is reasonably suitable for the development of the uses and structures permitted in the zone with consideration given to the natural constraints on this particular piece of property. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. It is unlikely that granting the variance in this case will result in material damages or prejudice to other properties in the vicinity. Granting relief in this case should not result in additional variances being required because the minimal acreage designated on proposed Lots 3C through 3F may not be adequate to support many permitted uses and structures after the required zoning setbacks are computed for each lot. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The comprehensive plan does not address the development density in this area, so granting the variance will have no affect on the objectives of the Kodiak Island Borough Comprehensive Plan. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, the petitioner has not created special conditions or financial hardship. The fact that the petitioner is required to go through this variance procedure first, before being allowed to subdivide the property, will ensure that such special conditions or financial hardships that might befall the petitioner, or subsequent owners of property in the proposed subdivision, may be avoided. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. It does not appear that the granting of the requested variance will permit a prohibited land use in the C- Conservation zoning district. Quite the contrary, it appears that granting the variance may result in artificially constraining certain permitted and conditional uses from being developed on proposed Lots 3C through 3F. P & Z Regular Meeting Minutes: August 17, 2005 Page 6 of 7 VIII. NEW BUSINESS A. Introduction of the Capital Improvement Program Process for 2006 - 1010. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the special meeting at 7:50 p.m. ATTEST � `� By: : t 12Cb 'CD11"1 C 51 J Sheila Smith, Secretary Community Development Department DATE APPROVED: September 21, 2005 KODIAK PLANNING AND Z O 7 By: Jerro ISLAND BOROUGH ! ! 1 Ar 1' / Wend, Chair ISSION P cQ Z Regular Meeting Minutes: August 17, 2005 Page 7 of 7 Fire Protection District No. 1 Regular Meeting Minutes 21 January 2003 at 7:30 p.m. Bayside Fire Hall TECIEIVE 11 SEP27 2005 BOROUGH CLERK'S OFFICE 1. Call to Order Chairperson Scott Arndt called the meeting to order at 7:40 p.m. 2. Roll Call Board Members present were Roy Aguirre, Scott Arndt, Cliff Davidson and Greg Spalinger. Board Member absent was Jeff Halcomb. A quorum was established. Others present were Bob Himes, Assistant Fire Chief, Doug Mathers, Stan Thompson, Dick Carstens and Sharon Lea Adinolfi [E /F Department]. 3. Approval of Agenda The Agenda was presented for approval. Greg moved that the Agenda be accepted. The Motion was seconded by Roy and unanimously passed. 4. Visitor Comments None 5. Approval of Minutes Greg moved that the Minutes be approved. Roy seconded the Motion. Discussion: The Chair requested that on page 3, 2nd paragraph under 7., the word "and" be placed between "Master Stream" and "battery operated... ". There was a unanimous voice vote to approve the Minutes as amended. 6. Financial Report Cliff moved that receipt of the Financial Report be acknowledged. Greg seconded the Motion. Discussion: Cliff Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 1 of 7 questioned the process of forming a budget. The Chair responded as to the process and the receipt of the Financial Report was acknowledged by a unanimous voice vote. 7. Public Hearings None. 8. Old Business A. Addition. The Chair advised that he was pushing [the draftsman] to have the information on the addition to the Fire Station ready by the end of January. [Note: Jeff Halcomb arrived at 7:50pm] B. Training Site. The Chair said that he had put out for bid the work required to have a survey done on the site. St. Denny Surveying, Inc. and Horizon Land Surveying responded to the request. St. Denny bid $1070.00 and Horizon bid $600.00. The bids were based on only the building site, but the Chair indicated that he had suggested to each of the bidders that a more comprehensive survey might be required at a later date. Cliff D. questioned why that would be needed and the Chair said that at some point consideration would be given to adding on to both the side and rear of the existing building. Also, that the additional surveying information would be helpful when resurfacing, sidewalks, etc. are done. If the additional surveying were to be done while the surveyors were already set up for the site survey, the cost would be less. Cliff questioned the Chair as to both bidding parties having the same information, i.e., there could be more work involved than the initial site work quoted upon. The Chair said that he had advised both bidding parties. Cliff made a Motion to approve a surveying contract in an amount not to exceed $1500.00 and to include [in the Motion] Horizon as the awarded bidder. Greg seconded the Motion. Discussion: Greg questioned the timeframe. The Chair said that a Purchase Order needs to be submitted and that once that is in place, Horizon will begin immediately. Ideally, mid - February the project could begin. Discussion continued re steps to be taken after survey work is done. The Chair indicated that items would be placed on the map. There is already approval in place for the burn unit. There may be a need for approval for the Flashover Simulator and the agility course. The Chair will check with the Borough on requirements. Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 2 of 7 The Motion to accept Horizon as the surveying contractor and to award a contract for an amount not to exceed $1500.00, already made and seconded, was voted on by an affirmative unanimous voice vote. C. Flashover Trailer. The Chair read a letter from Chief Nault dated 12/4/02 [attached] and a second letter, again from Chief Nault, dated 12/19/02 [attached] re the Flashover Trailer. The Chair indicated that both Dave Conrad and Dale Rice had shown interest in the Flashover Simulator and that Dave Conrad was interested in seeing a presentation. The discussion continued covering the need for a Use Agreement if there were to be a collaboration between the City and Bayside, the cost of the unit /freight /wheels, location, etc. Cliff suggested that a letter should go out to Chief Nault putting forth Bayside's position, in detail. The Chair agreed and stated that if dollars were to be spent, there would need to be a Use Agreement in place. The Chair also stated that development of the adjacent lot for training and for a future permanent burn structure needs to begin. Greg questioned if the Chair would write the letter to Chief Nault. The Chair indicated he would like to work with Jeff on the letter. There were suggestions that the letter go to the City with copies to Womens Bay, the City Manager and Borough Manager. Jeff suggested inviting these various interested parties to a work session meeting. Cliff spoke of the "ultimate goal" and how this Flashover Simulator fit into that goal - he also was concerned that Bayside, as a possible "co- owner" was not considered before the bids went out on this particular unit - he questioned immediate training or a "grandiose complex ". Doug stated that this could be an interim measure - a stepping stone toward the ultimate goal. He went over plans for the training site development and saw the Flashover Unit being both an interim measure and also something that could be incorporated into the permanent structure. Jeff expressed concern re spending money on something that has not been a part of the original planning. Doug responded that the site could be developed around the Unit and it would be a good thing to have in the meantime. Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 3 of 7 Assistant Chief Himes said that the site needs to be developed and that is where the concentration should be placed. Roy said that he was not interested in the wheels and if we are going to acquire a Flashover Unit, perhaps Bayside and Womens Bay could go in together. Cliff said that the idea of sending the letter [to Chief Nault] was a good one and also would like to see movement forward on developing the site. He didn't think we needed to spend money at this time, but would defer to the Association. Stan spoke about the restrictive costs of burn buildings - almost prohibitive - so that the real appeal of this unit is that a foundation is not required, minimal water needed to extinguish, no runoff, and it is a turnkey operation and modules can be added to it. He expressed concern over the possibility of "control" being an issue with regards to the "wheels" and that he would prefer a 50/50 split and not a 60/40 arrangement. Cliff spoke again emphasizing his concern for the focus to be on training ASAP. Discussion went on regarding fencing, burm, a main building, volunteer labor, and timeframe. The Chair asked for direction from the group - the consensus was that a letter go out to Chief Nault [copies to Womens Bay and Managers at City and Borough] putting forth position on the purchase /ownership /liability, etc. of the Flashover Simulator. D. Hose /Foam Purchase. Quotes were received from 4 different vendors for the purchase of foam and hose. W.S. Darley was low bidder with L.N. Curtis & Sons second. Cliff asked if the quality of the items from both companies were comparable. Assistant Chief Himes indicated that they were comparable products and that his personal recommendation would be Curtis. He said that he had used this vendor in the past and found them very responsive - provided exceptional customer service. Jeff made a motion to award the purchase to L.N. Curtis & Sons with a second by Cliff. Discussion: Cliff said that if Curtis has been a good vendor in the past he doesn't see a reason to go with someone new for a $400 difference in price. Scott recommended that Darley be given the go ahead; they are low bidder, it would be easier to get it through the approval process, and if the quality is the same, the award should go to the low bidder. Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 4 of 7 A voice vote was taken on the motion to award the bid to L.N. Curtis & son and failed by 3 to 2. Greg moved to accept the Darley bid in a not to exceed amount of $10,244. His motion was seconded by Roy. There was an affirmative unanimous voice vote. E. Dumpsters. It was noted that Bud Cassidy, Kodiak Island Borough, has agreed to have the dumpsters in the FD's lot moved across the road. This should be accomplished during the Spring. 9. Chief's Report Assistant Chief Himes reported that a new recruit class was beginning. There are 3 participants. The EMT classes are continuing with 4 participants. There are now 32 volunteers. Assistant Chief Himes said there had been 3 recent calls, a car fire at Beaver Lake, C &F auto and a structure fire behind Safeway. There will be a Super Bowl party on the 26th. The FFA will provide the hamburgers, hot dogs, sodas and the guests will bring other foods. It was noted that the Volunteers have purchased a new grill. Greg questioned if the new grill had wheels. Assistant Chief Himes indicated that he would be out of town from 31 January until 4 February, attending an American Heart Association meeting. Assistant Chief Himes continued on to report that the pickup had to have its exhaust system tied up, the door was broken and it is leaking fluid. He suggested that it needs to be replaced. Assistant Chief Himes ended his report by saying the enhanced 911 service is being worked on by the MIS Departments at both the Borough and the City. 10. Bayside FFA President's Report Doug began his report by giving a financial report, indicating that as of 6 January 2003 there was a balance on hand of $142,500. He continued expressing the members' frustration with the slowness of the process for the addition. There was a brief discussion regarding the lot plans and Doug was requested to Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 5 of 7 assist the Board and Assistant Chief Himes with the lot plans and similar use permits. Doug reported that the Association got a software program, Station Manager Fire Program, for Assistant Chief Himes, dealing with training, maintenance, inventory, logs, EMS reporting. Doug told the Board that the Association reelected all of the same officers. 11. Chair's Report The Chair, through the consensus of the Board, chose Monday, 10 February 2003 at 7:30p, as the next date for a work session. At that meeting a date for the next regular meeting will be selected. The Chair indicated he would like to schedule a public hearing on the new budget around the end of March. 12. New Business A. Tee Shirts. Assistant Chief Himes presented pricing on tee shirts received from Royall T's Graphics. The Chair indicated that a 2nd quote is required and that perhaps Carl Royall could give direction as to a catalogue to use for pricing. Assistant Chief Himes said he would be going to Anchorage and would look for pricing there. Jeff suggested a catalogue called "Galls ". The Chair said this issue could be brought up at the next work session. B. Officers' Coats. A price on officers' coats was given at $220.00 each. Again, a 2nd quote is needed and Assistant Chief Himes will get that information. The coat pricing will be revisited at the next work session. C. Vehicle Maintenance. This item was referred to the next work session. D. Election of Officers. The offices of Chairman and Vice Chairman were open. Greg nominated Scott and Cliff made a motion to close the nominations, to which there was unanimous voice consent. Roy nominated Greg for Vice Chairman and Greg refused the nomination. Roy nominated Jeff and Cliff made a motion to close the nominations. Greg seconded the motion and the motion was carried unanimously by voice vote. Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 6 of 7 12. Visitor's Comments Stan said that he was pleased to see some progress in plans and would like to encourage the Board to "stay active ". 13. Board Comments Cliff expressed his concern over the poor shape of the pickup. The Chair advised that there are plans to purchase a new pickup truck. Jeff expressed his concern regarding the amount of money being spent on software and questioned the budgeting for it. Doug interjected that the FFA could buy the software and the Fire Protection Area could hire a person to do the input - maybe a volunteer would be able to do the work. Assistant Chief Himes was asked to seek out a volunteer willing to do the computer work and get an estimate of the cost for the work. Adjournment. Jeff moved that the meeting be adjourned. Greg seconded the motion. There was a unanimous affirmative voice vote and, there being no further business before the Board, and already having established a date and time for the next work session, 10 February 2003 at 7:30 pm at Bayside Fire Hall, the meeting was adjourned at 9:38pm. Respectfully submittkd: /c. Sharon Le' (ino fi, Secr -tary KIB Engineering /Faciliti:s Dept. Approved by: 5c n- Scott Arndt, Chair Fire Protection District No. 1 Board Dept /Service District /Fire Protection 1 Minutes of 21 January 2002 Page 7 of 7 Date: 5e / 23 Par 3. Approval of Agenda Fire Protection District No. 1 Regular Meeting Minutes 11 March 2003 at 7:30 p.m. Bayside Fire Hall ECElVE SEP 2 7 2005 BOROUGH CLERK'S OFFICE 1. Call to Order Chairperson Scott Arndt called the meeting to order at 7:32 p.m. 2. Roll Call Board Members present were Roy Aguirre, Scott Arndt, Jeff Halcomb and Greg Spalinger. Board Member absent was Jeff Cliff Davidson. A quorum was established. Others present were Bob Himes, Assistant Fire Chief, Doug Mathers and Sharon Lea Adinolfi [E /F Department]. The Chair entertained a motion to excuse Cliff Davidson. There was a second and a unanimous affirmative voice vote. The Agenda was presented for approval. G. Spalinger moved that the Agenda be accepted. The Motion was seconded by R. Aguirre and unanimously passed. 4. Visitor Comments None 5. Approval of Minutes With the exception of typos to be corrected, G. Spalinger moved and R. Aguirre seconded the motion to approve the Minutes of 21 January 2003. There was a unanimous voice vote to approve the Minutes as amended. \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes 11 March 03.doc Page 1 of 5 6. Public Hearings The Chair presented the Budget for FY04 to the Board, explaining various line items. J. Halcomb moved and G. Spalinger seconded a motion to put the Budget on the table for discussion. The Regular Meeting was recessed to open discussion at Public Hearing. D. Mathers questioned the cost of Workers' Compensation. There was also discussion re the ever increasing costs associated with fuel and electricity. The Chair responded that in preparing the budget he allowed for a "buffer" in these areas and that there is enough in the budget to cover those costs. The Chair indicated he tried to build flexibility into the budget. The Chair asked for any further questions. There were none. The Regular Meeting was reconvened. A roll call vote was taken with there being a unanimous affirmative vote to accept the budget for FY04 as presented. 7. Old Business A. Training Site Development. Nothing to report at this time. B. Purchase of Sweatshirts and T- shirts. Assistant Chief Himes reviewed pricing, colors and designs of shirts. The Chair reviewed the two competitive bids received and Royall Ts was the low bidder. If the purchase is approved, Assistant Chief Himes will canvas members for their selections. J. Halcomb would like to be advised of the total cost. He also suggested that if people wanted additional shirts and there were a stockpile, a charge slightly above cost would help recoup money spent. Assistant Chief Himes suggested a NTE $3500 amount [allowing approximately $100.00 /per member]. J. Halcomb moved and G. Spalinger seconded a motion to authorize the purchase of sweatshirts /t- shirts at a cost NTE $3500.00. There was a unanimous affirmative roll call vote. C. Purchase of Officers Coats. Assistant Chief Himes presented pricing for coats w /Galls being the low bidder. The Chair requested quotations in writing. J. Halcomb questioned how many coats would be purchased. The Chair responded for Officers and Board Members - 5 Officers and 4 Board Members. G. Spalinger moved and R. Aguirre seconded a motion to award the purchase to \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes 11 March 03.doc Page 2 of 5 Galls. Discussion. The coats - a NTE amount of $2500.00. D be reflective, water and wind responded in the affirmative. roll call vote 8. Chief's Report will cost $219.00/ea plus freight . Mathers asked if the coats would resistant. Assistant Chief Himes There was a unanimous affirmative Assistant Chief Himes reported that most of the dumpsters located on Bayside's parking lot had been moved. He reported that the hose on order would be delivered this week and that the foam had arrived. Re retirement, Himes indicated he needed 30 years for retirement - could not retire at 20 years and that he was waiting for an update from the Borough. Re 911 enhancement Assistant Chief Himes said it was still being worked on. J. Halcomb said he found the work on this going too slowly - that it was of import and should be taken care of. He continued - Bayside is the only area that is not right. This should be an important issue and should be brought to the fore front. Chief Himes indicated that it was his understanding there was a "hefty" excess amount in the fund [for this project]. D. Mathers suggested a letter be written re this issue and sent to the Assembly, the Borough and the Mayor. The Chair said he would talk to the Manager. Assistant Chief Himes said that the annual banquet was tentatively scheduled for 20 September, that a recruits' class had just been completed and a new class would start on 1 April. Assistant Chief Himes went on to say that on 9 -10 April he would be attending a State Emergency Training Seminar and from 25 -27 April he would be attending a Heart Association Meeting. Re Squad 14 communications bus - close to being ready and need to schedule a date to discuss proper protocol, basic driver training. 9. Bayside FFA President's Report D. Mathers said there had not been any meeting - the next one to be held on 7 April and by that time should have some lot plans to report to the Board. D. Mathers thanked the Board for raising the travel /perdiem line items in the budget. He said the training received by traveling to various programs /seminars had been excellent. \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes 11 March 03.doc Page 3 of 5 10. Chair's Report The Chair reported continued work on an RFP for a new p/u truck. The Chair requested authorization to expend funds for the advertisement of the RFP. G. Spalinger made such motion and R. Aguirre seconded the motion. Discussion. J. Halcomb asked if lights would be on the truck. Assistant Chief Himes to get prices for lights, radio and graphics. There was a unanimous voice vote to authorize funds to advertise for a new p/u truck. [Note: this was an item under New Business] There was discussion, Assistant Chief Himes, re 2003 Assistance to Firefighters Grant Program. He suggested that the grant be completed the same as last year w /the addition of requesting monies for adding a building. The Chair suggested looking into getting letters from State Senator /Representatives /Governor - to assist in obtaining Grant dollars. Re FEMA Grant - referred to next Work Session. 11. New Business New Business handled under Chair's Report. 12. Visitor's Comments None. 13. Board Comments None. \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes 11 March 03.doc Page 4 of 5 Adjournment. There being no further business to come before the Board, a motion was made and seconded - with a unanimous vote - to adjourn the meeting at 9:OOpm. Respectfully submitted: \ 1 _ __ i Sharon e Secr ;ry KIB Engineering /Facilities ept. Approved by: SCOern Scott Arndt, Chair Fire Protection District No. 1 Board Date: Se/ ..1.i fl R00c \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes 11 March 03.doc Page 5 of 5 3. Approval of Agenda Fire Protection District No. Regular Meeting Minutes 4. Visitor Comments None 5. Approval of Minutes There were no Minutes presented 6. Public Hearings A. FY 2005 Budget 24 March 2004 at 7:30 p.m. Bayside Fire Hall 1.Call to Order Chairperson Scott Arndt called the meeting to order at 7:31pm. 2. Roll Call Board Members present were Scott Arndt, Dave Billings, Jeff Halcomb and Greg Spalinger. Cliff Davidson was absent [out of town]. A quorum was established. Others present were Bob Himes, Assistant Fire Chief, Doug Mathers, Dick Carstens, Curt Law and Sharon Lea Adinolfi, Recording Secretary [E /F Department]. The Agenda was presented for approval. G. Spalinger moved that the Agenda be accepted. The Motion was seconded by D. Billings and unanimously passed. The Chair, having passed out the Budget prior to the beginning of the meeting, entertained a Motion to adopt the FY2005 Budget. G. Spalinger so moved and J. Halcomb seconded. The Regular Meeting was closed and opened for public hearing on the Budget. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 1 of 6 There was no public discussion and the Regular Meeting was reconvened. if of Engine the new Budget. The Chair answered that the cost of included in the line item for Auto Repairs & - $15,000. D. Billings asked how much the new tires The Chair responded: approximately $2400.00. D. YTD expenses. B. Himes said that YTD Maintenance] were $8800 which was 41% asked the G. Spalinger included in tires was Maintenance would cost. Mathers requested info re expenses [Auto Repairs & of the budgeted amount. cost new 7. New Business A. 2005 Assistance to Firefighters Grant B. Engine 11 Tire Price Quotes tires for 11 was It was moved and seconded to approve the FY05 Budget as presented. A roll call vote was taken. The vote was unanimous to approve the FY05 Budget. B Himes advised that he had been working on the FEMA Grant Application for a Public Education Trailer. The figures are as follows: $41,000 for the trailer w /desired options, $16,000 for training and $4000 for necessary supplies and materials. The Chair suggested that the requested amount should be "bumped" up by $4000 to allow for possible price increases over the next 2 years which would be the potential purchase timeframe. The Chair requested a Motion to approve proceeding with the Grant Application in the amount of $65,000. G. Spalinger made such a motion, it was seconded by J. Halcomb. There was a unanimous affirmative roll call vote. The Chair went over various makes and prices of tires - with quotes from Warner Tire and Rhino Tire Service, A -1 Tire Co. was unable to quote. There was discussion re varying treads, use on rough /smooth roads, need for new rims or not. The consensus was that new rims were not required and that the Firestone tire quoted would be the best selection. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 2 of 6 D. Billings made a motion to purchase 6 new Firestone tires for Engine 11 from Rhino Tire Service with a cost of $310 /per tire and $75 ea for tubes and switching. G. Spalinger seconded the motion and there was a unanimous roll call vote in the affirmative. C. Authorization to Replat and Vacate Property Lines The Chair requested a motion to authorize the Chair to proceed with the replating of certain property in an amount not to exceed $1200. D. Billings so moved, G. Spalinger seconded the motion and there was a unanimous affirmative roll call vote. D. Authorization to Rezone G. Spalinger moved and J. Halcomb seconded a motion to give authorization to the Chair to move forward on the rezoning issue. There was a unanimous affirmative voice vote. 8. Old Business A. Response Planning /Mutual Aid The Chair stated that parameters need to be set as to where Bayside FD will respond. The Chair's recommendation included the Bayside District, the City, the Airport, to the Coast Guard Base and to the base of Marine Hill. The Coast Guard's area would go to the golf course. The consensus was that if a request for mutual aid were made [by another district] Bayside would respond. Himes noted that the Borough was planning on annexing "no man's land" into the WBFD. The Chair noted that there are still areas in between the CG Base and town that are not part of a district. D. Mathers questioned how these areas would be taxed and B. Himes responded they would be taxed in the same way as the airport. Both J. Halcomb and D. Billings questioned how an understanding /policy would be accomplished re Response /Mutual Aid. B. Himes suggested that the legalities of this issue need to be looked at. The Chair said that the Borough Manager informed him that there was no legal issue. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 3 of 6 The Chair asked B. Himes to prepare a letter putting forth a Response /Mutual Aid policy for the next meeting. A formal letter is to be drafted by J. Halcomb to the ESO re strategic response planning. 9. Chief's Report Assistant Chief Himes reported that thus far this year there had been 23 calls of various types. There are 35 volunteers and at the moment, 29 firefighters. A new recruiting class will begin on 18 May 2004. B. Himes indicated that approximately 2/3 of the volunteers are EMTs and about 1/2 of that group are cross trained. J. Halcomb questioned any changes in the trend [of calls] and B. Himes said that the trend in the kinds of calls received [fire /auto accident /etc.] tended to be about the same as the previous year. J. Halcomb asked how many times the AED had been used and B. Himes responded 3 times. Assistant Chief Himes went on to report that: on 12 April an Emergency Operators Course will begin and be conducted by Bruce McNeil. 6 people have gone through the flash simulator training. Deputy Chief R. Kamai is setting up LPG training to be held 21- 23 May 2004. J. Halcomb suggested that inviting other departments to participate in the training being offered would be a good way to build relationships among the different groups. He gave Bill Myers [CG Fire Dept.] as a point of contact for B. Himes. Himes continued his report saying that the 2004 FEMA Grant should be presented to the Borough Assembly at the next scheduled meeting. Himes reported that he was working on the AED Grant and that he is requesting 25 of the AEDs for placement in the City, Borough buildings and village schools. D. Billings questioned the brand name - Zoles - this is the brand that the CG and the Hospital \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 4 of 6 will be using and this is what B. Himes will be requesting, but the State actually makes the purchase decision as to brand so he cannot guarantee that will be the brand received. 10. Bayside FFA President's Report D. Mathers advised the Board that the next Firefighters Association meeting would be held in April and that he would then have a report for the next Fire Protection Area #1 meeting. 11. Chair's Report S. Arndt requested that B. Himes gather preliminary pricing on SBSCAs before the convention in Indianapolis so that comparisons could be made at that time. S. Arndt showed 2 different samples of roofing materials for possible application on the utility building and addition. He will begin gathering price comparisons. The Chair advised the group that rock stored near the fire hall facility had been removed by the Borough to be used as cover at the landfill. B. Himes indicated he had no prior knowledge of this action. The Chair thought the rock had been given to the Fire District and was not actually the Borough's to remove. A discussion re the next scheduled regular meeting took place and 7 April 2004, 7:30pm at the Bayside Fire hall was agreed upon. 12. Visitors' Comments None 13. Board Comments G. Spalinger - None D. Billings - questioned the possibility of an ambulance service. B. Himes said that it was a possibility sometime in the future, but not at this time. J. Halcomb questioned the safety precautions being taken for users of the new workout area at the Firehouse. Dick Carstens told the Board that he was a trained lifter and has instructed \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board\Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 5 of 6 those who were using the room in proper lifting techniques and safe use of the equipment. J. Halcomb also asked B. Himes to brief the Board on the fire that occurred on Abercrombie Drive during the previous week. B. Rimes told the Board the sequence of his actions - calling 911 and requesting engine and ambulance and his activity at the scene. He noted the use of the Air Quick System was invaluable. He went on to say that the homeowner was treated at the hospital for burns to feet and legs and released. J. Halcomb commended B. Himes on his actions and his request for mutual aid. S. Arndt - None Adjournment. It was moved and seconded adjourned. There was a unanimous voice further business before the Board, established a date and time for the next was adjourned at 8:34pm. Respectfully submitted: i Sharon Lrnolfi, Secreta KIB Engineering /Facilities D•pt. Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: that the meeting be and, there being no and already having meeting, the meeting Date: S /em he 2., a00.E \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 24 March 04.doc Page 6 of 6 3. Approval of Agenda Fire Protection District No. 1 Regular Meeting Minutes 5 April 2004 at 7:30 p.m. Bayside Fire Hall E 0 SEP 2 7 2005 BOROUGH CLERK'S OFFICE 1. Call to Order Chairperson Scott Arndt called the meeting to order at 7:25 p.m. 2.Roll Call Board Members present were Scott Arndt, Dave Billings, Jeff Halcomb and Greg Spalinger. Cliff Davidson was absent [out of town]. A quorum was established. Others present were Bob Himes, Assistant Fire Chief, Doug Mathers, Dick Carstens, Curt Law and Sharon Lea Adinolfi, Recording Secretary [E /F Department]. The Agenda was presented for approval. G. Spalinger moved that the Agenda be accepted. The Motion was seconded by J. Halcomb and unanimously passed. 4.Visitor Comments None 5.Approval of Minutes There were no Minutes presented 6. New Business A. Authorization to remove D -6 Cat to Landfill Two quotes were received for transporting the D -6 Cat to the Landfill: Anderson Construction = $1400 flat fee and Brechan Enterprises = $700 + $250 if transport exceeds 1 hour. A motion was made by G. Spalinger to have Brechan do the work. The \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 5 April 04.doc Page 1 of 4 motion was seconded by D. Billings. There was a unanimous roll call vote in the affirmative. B. Authorization to purchase rock for training area Two quotes were received: Anderson Construction = $14,300 [included dozing and compaction]. Brechan Enterprises - $14,300 + $145.00 /hr and $250 for mobilization /demobilization. A motion was made by G. Spalinger to have Anderson Construction furnish the rock. The motion was seconded by D. Billings. There was a unanimous roll call vote in the affirmative. D. Billings questioned if this work would be adequate for future work to be accomplished in the training area. The Chair said that it would be. C. Mutual Aid Policy The Chair passed out the existing Standard Operating Policy and Procedure, Number 5.6, 5.7. He indicated that more direction needed to be given. There was a brief discussion re crowd control, situations that put firefighters in difficult positions. The Chair said that this policy is for the Board to review and come back with suggestions. D. Under 18 years old training policy D. Billings said [re using personnel under 18 years of age] that at this time it would be best not to have 18 year olds and under personnel on scene. S. Arndt said that it is unfortunate because some of the best trainees /volunteers are under 18. Billings and Arndt agreed that there could be potential liability, especially on scene. J. Halcomb made a motion to suspend using 18 [and under] year olds as trainees /volunteers until the Board could establish proper policies re legal issues and formulate a viable policy. G. Spalinger seconded the motion. There was a unanimous affirmative roll call vote. E. Wildland Training Assistant Chief Himes advised that video safety series on wildland trai the FMO was in town and that there than FF1 and it involved having a requirement was for 40 hours. J. needed 4 hours for recertification. the FF1 program has a new ning. S. Arndt said that was a different requirement red card. Himes said that Halcomb said that you only The Chair indicated that it would be worthwhile looking into the extra requirement - being \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 5 April 04.doc Page 2 of 4 certified with the red card would be required in mutual aid situations. 7. Old Business A. 2205 Assistance to Firefighters Grant Application Discussed under Chief's Report 8. Chief's Report Assistant Chief Himes reported that the narrative for the FEMA [2004] Grant was done, the figures used were those recommended by the Board, and the application was mailed on the 1st of the month. The FEMA [2003] Grant is in the KIB Manager's office waiting for Assembly approval. Assistant Chief Himes noted that there are 16 EMTs and one of the volunteers is presently taking EMT classes at the CG Base. 9. Bayside FFA President's Report D. Mathers gave a brief financial report. 10. Chair's Report No report except for quotation information already presented. 11. Visitors' Comments None 13. Board Comments None Adjournment. There being no further business before the Board, and already having established a date and time for the next meeting, the meeting was adjourned at 8:OOpm. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 5 April 04.doc Page 3 of 4 Respectfully submitted: J L LtS GI_t// Date: lharon Lea holfi, Secreta� KIB Engineering /Facilities De^ Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: Se, es‘ i .23, 2tflC \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 5 April 04.doc Page 4 of 4 1. Call to Order 2. Roll Call 3. Acceptance of Agenda 4. Visitors' Comments None 4a Financial Report 5. Chief's Report Fire Protection District No. 1 Regular Meeting Minutes 22 October 2004 at 7:30pm Bayside Fire Hall G. Spalinger moved to accept the the motion. It was suggested that Report - J. Halcomb moved, and it Agenda as amended. There was a vote. SEP 27 2005 .1 BOROUGH CLERK'S OFFICE Chairperson Scott Arndt called the meeting to order at 7:32pm Board Members present were Scott Arndt, Dave Billings, Cliff Davidson, Jeff Halcomb and Greg Spalinger. Agenda. J. Halcomb seconded Item 4a be added - Financial was seconded, to approve the unanimous affirmative voice G. Spalinger moved to acknowledge receipt of the Financial Report. The motion was seconded by J. Halcomb. There was a unanimous affirmative voice vote. Assistant Chief Himes was out of town - there was no report. 6. Firefighters Association President's Report The Chair read a report into the record [attached in handout package] and passed to the Board a picture and diagram of the \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 22 October 04.doc Page 1 of 5 Phoenix. A measurement correction was made - the unit is 8' X 40'. C. Davidson questioned the use of the Firefighters' Association money with the Borough having ownership. J. Halcomb questioned the cost of the unit. The cost of the unit will be $120K and with shipping, the total cost will run between $128- $130k. 7. Chair Report The Chair presented information re the plans for the Bayside Fire Department expansion. 1. Authorization to Purchase Rock for Training Area. The Chair noted that he had gotten quotes from Anderson Construction and Brechan Enterprises for rock for the training area. The low bid was $14,000. $20,000 had been budgeted. He suggested that the requisition be for an amount NTE $20,000.00. C. Davidson questioned spending the extra money [above the quoted price]. S. Arndt said that the rock can be purchased now at a good price; that there will be additional needs and the extra could be stockpiled. G. Spalinger moved to authorize the purchase of rock for the training area in an amount NTE $20,000.00. D. Billings seconded the motion. There ensued a discussion re placing request before the Assembly for approval even though the amount was less than the $25,000.00 requirement for Assembly approval. The Chair indicated that the Borough Manager was looking at expenditures in a cumulative manner. The consensus of the Board was that Fire Protection Area expenditures should be viewed on an annual basis, not cumulative. 2. Authorization to Proceed with Replat Request. The Chair presented a map of the land area around the Fire Station site. There will be a 10' utility easement and an 8" sewer main - the City wants to own that area. The Board agreed that it would be willing to grant access [to the City] but not ownership. C. Davidson moved to authorize the Chair to proceed with the replat request for the area in question. G. Spalinger seconded the motion and there was a unanimous affirmative vote. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 22 October 04.doc Page 2 of 5 3. Authorization to Proceed with Rezone Request. The Chair noted that the land purchased be rezoned from R2 to Public. the Board to proceed with the moved to authorize the Chair request. The motion was unanimous affirmative voice vote. expansion He requested authorization from rezoning request. G. Spalinger to proceed with the rezoning seconded by C. Davidson. for needed There was 4. Authorization to Proceed with Site Development Plan. to a The Chair indicated that the Board needs to seek approval for the flashover simulator, the training module and a new roof system plus the 20' addition to the back of the training building. There was discussion re arrangement of the new structure. C. Davidson made a motion to authorize the Chair to proceed with getting approval of the site development plan. The motion was seconded by J. Halcomb. There was a unanimous voice vote. 5. Authorization for Engineering Services with Barry Still on Utility Building Foundation. It was moved and seconded by C. Davidson and G. Spalinger that the services of B. Still be used for the utility building foundation. There was a unanimous affirmative vote. 6. Authorization to Reimburse S. Arndt for Travel Expenses. The Chair said that he traveled w /Firemen from the CG and Womans Bay FDs to view the new Pierce fire truck. He felt the trip offered an opportunity to foster a better relationship among the other firefighting entities and also to gain experience in purchasing this type of equipment. He requested reimbursement of $1500.00 for travel expenses, per diem, hotel accommodations and rental car. D. Billings suggested that in the future travel plans be brought to the Board for approval prior to the travel, rather than the trip taken and reimbursement sought after the fact. The Board agreed. C. Davidson made a motion to approve the reimbursement. The motion was seconded by D. Billings. There was a roll call vote. The motion passed with one dissenting vote. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 22 October 04.doc Page 3 of 5 7. Letter and Appreciation Plaque for J. Halcomb. The Chair indicated that this was J. Halcomb's last meeting. He expressed appreciation for Halcomb's assistance over the years and suggested ways to show that appreciation - a letter, a plaque. J. Halcomb said that although he appreciated the thought, he would prefer nothing be done. He thanked the Board for their appreciation. The Board unanimously expressed their appreciation to J. Halcomb for all his efforts and noted that he had been a great resource. 8. Visitor Comments R. Casey said that this was an excellent Board and he had appreciated J. Halcomb's services. 9. Board Member Comments C. Davidson. Davidson expressed his pleasure working w /J. Halcomb and he suggested that the Borough needed to be more responsible re alerting board members of their term expiration dates. [Note: J. Halcomb did not remember that his term was expiring and his seat on the Board thus became vacant and subsequently filled by R. Casey. It is not the practice of the Borough's Clerks Office to notify members of any boards of their expiration dates.] D. Billings. Billings expressed his appreciation to J. Halcomb for his service. G. Spalinger. Spalinger also expressed his appreciation to J. Halcomb and hoped that Halcomb would "be around" because he had experience and knowledge that was helpful to the Board. G. Spalinger welcomed R. Casey to the Board. J. Halcomb. Halcomb thanked the members for their kind words. He noted the Board had worked well together and needed to continue to stay focused and be proactive. C. Davidson. Davidson said that he would continue to seek, through the State, stipends for volunteers. S. Arndt. The Chair said that the site plan would go before the P &Z Commission in December and that he would like to have a public hearing prior to that meeting so the residents in the \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 22 October 04.doc Page 4 of 5 neighborhood could be advised of the changes coming and give neighbors an opportunity to give their input. 10. Adj ournment. There being no further business, a motion was made and seconded and unanimously agreed upon to adjourn the meeting at 8:36pm. Respectfully submitted: I d,Aiib i .- OAF ■ / Sharon Lea Aginolfi, Secretal KIB Engineering /Facilities Dept. Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date Date : he 2?/ 0 S \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 22 October 04.doc Page 5 of 5 Fire Protection District No. 1 Neighborhood Meeting and Regular Meeting Minutes 23 November 2004 at 6:30pm Bayside Fire Hall ECEOWE SEP 2 7 2005 BOROUGH CLERK'S OFFICE Scott Arndt, Chair of Fire Protection Area #1 Board, welcomed those in attendance at the neighborhood meeting re future improvements to the Bayside Fire Department. [See attached letter] Assistant Chief Himes began the presentation by showing options available for a Flashover Simulator - used for live fire training - and to be used in cooperation with the City, having 2 units on site at BFD. There will be a two- story, 3 modular unit. The units will burn clean - they will confine and control, they will be safe and afford firefighters training in various areas of firefighting. This training will allow the firefighters to be better trained and thus be able to do their job more safely. S. Arndt indicated on a map of the area where the unit will be located. He said that the intention for future improvement planning is to work on an overall site plan which would carry the Department for the next 10 - 15 years. A member of the audience questioned the access to the FD and how traffic in the immediate area would be affected. Assistant Chief Himes answered that there would be only a minimal effect on the surrounding residential area and he described the typical scheduling of activities and the entrances and exits anticipated. S. Arndt continued the presentation regarding the vacating of 2 property lines and rezoning to public land. He advised that when public land is involved, any new structure needs to go before the P &Z Commission for approval. He also mentioned that the addition will accommodate a new boiler /emergency generator. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 23 November 04.doc Page 1 of 5 One of the goals of the improvements to be made is that the facility becomes self sufficient. The timeframe of the anticipated improvements was questioned. S. Arndt said work on the addition would begin in the spring. Trees that need to be downed in the area would be cut in February /March 2005 and construction would begin in 2006. He indicated that the monies are in place for 2 of the additions at a cost of approximately $1 million. A question was asked re the ability, given the improvements and additions, to maintain an all volunteer fire department. S. Arndt responded in the affirmative. It was noted by the Chair that a need to upgrade equipment was present, but that first there is a need for additional storage for that equipment. A question was raised re ownership of the area. S. Arndt said that the Kodiak Island Borough retains ownership. A discussion ensued regarding the possibility, sometime in the future, that the KIB use the area to house Troopers, for example, thereby creating a high volume traffic /noise area. S. Arndt responded that that would be highly unlikely. A member of the audience suggested having a restricted title put in place [restricting the use of the land to Bayside FD]. S. Arndt said that he did not believe the KIB would accept that idea, but if residents felt a restricted title was a good idea, to put their thoughts in writing, attend P &Z /Assembly meetings and voice their opinions on the matter. A member of the audience suggested a 25' wide buffer area be set aside - kept as a greenbelt if possible. Concern regarding drainage /slopes onto private property was voiced. S. Arndt explained that the resloping to be done will reduce the slope by 1/2, thereby reducing the runoff of water. Concern was also expressed re ditching to be done, trees that will be taken, use of heavy equipment and containment of water. S. Arndt again responded to the concerns, indicating that a site plan will be developed [w /these concerns in mind] and that at some point, a containment /retention pond will be put in place. A member of the audience voiced his appreciation for the fiscal responsibility demonstrated by the Fire Protection Board, and \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 23 November 04.doc Page 2 of 5 reiterated the importance of a restricted use document. S. Arndt indicated this concern should be made known [to the Borough] and even if it is not allowed, the desire for such a restriction would be "on the record ". The neighborhood meeting concluded at 8:O0pm with the Chair thanking those present for their attendance and encouraging them to take information from the meeting to their neighbors. 1. After a 10 minute break, the regular meeting was called to order by the Chair. 2. Present were Scott Arndt, Dave Billings and Greg Spalinger. 3. The Agenda was accepted. 4. Visitors' Comments - None 5. Old Business - None 6. Chief's Report Assistant Chief Himes reported that he had attended an EMS recruitment training recently and had also attended a meeting at the City's Harbor facility. He said that at the meeting with the Harbor Master, priorities had been discussed: identify roles /responsibilities /capabilities of local agencies; provide marine firefighting training for both firefighters and boat owners; and develop a command structure and response checklist. Himes noted that he had been appointed to a committee to work on these priorities. Himes went on to say that an EMT class had just concluded and he hoped to have 3 new EMTs and continues to look for recruits. Assistant Chief Himes then asked the Board to approve another resident in the FD's apartment - an individual coming to town who will be applying for a Trooper /Dispatcher position and would also volunteer for the FD. There was a unanimous affirmative vote to approve a roommate. 7. Firefighters' Association President's Report D. Mathers first thanked the Board for his trip to Anchorage [an award for 20 years of service]. With regards to the simulator, \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 23 November 04.doc Page 3 of 5 he noted that the cost of metal had gone up about 15% and he is waiting on new pricing information. 8. Chair's Report The Chair noted that Brechan would be hauling some rock in the next day or two. He thanked those present for coming and adding their support [to the Neighborhood Meeting], but expressed disappointment at the turnout. He indicated he would be in touch with the neighbors who had not attended the meeting so that all would be alerted to the upcoming improvements /activities. 9. New Business a. The cost of requested training tapes was reviewed. S. Arndt recommended 25 ea DVDs from Action at a cost of $2550.00. G. Spalinger made the motion and it was seconded by D. Billings. There was a unanimous affirmative voice vote. b. Reading Smoke Seminar. Assistant Chief Himes would like to bring a trainer [on reading smoke] to town for a seminar for the firefighters. D. Carstens told the group that the speaker and the program were excellent. The Chair asked Himes to line up dates, get actual costs and bring the information back to the Board for approval. G. Spalinger noted that he thought this seminar would be a great opportunity for the volunteers and the community. c. Purchase of T- shirts /Sweatshirts. The Chair entertained a motion to purchase T- shirts /Sweatshirts in an amount NTE $2000.00. G. Spalinger so moved and it was seconded by D. Billings. The Motion passed unanimously. d. Awards and Incentives Programs. The Chair advised the Board that there needs to be put into place a policy covering expenses for awards and incentives. G. Spalinger moved that an awards /incentives policy be drafted for approval by the Board. D. Billings seconded the motion. There was a unanimous affirmative vote. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 23 November 04.doc Page 4 of 5 e. Purchase of Scott Air Packs. The Chair reviewed the quotes presented. Assistant Chief Himes advised that part of the pricing package included training. The Chair indicated that he would anticipate increasing dollar amounts in the future and that an amount up to the Grant authorization may be approved at this meeting, but once the prices were confirmed, he would like to be able to give all Board Members a "final tally" before the actual purchase is made. G. Spalinger moved to approve the purchase of the SCBAs in an amount up to the limit of the Grant. D. Billings seconded the motion and there was a unanimous affirmative roll call vote. f. Purchase of Air Compressor /Fill Station. The Chair reviewed the quotes for the Board. The purchase had already been approved [included in the above action]. g. Election of Chair and Vice - Chair. Assistant Chief Himes told the Board Members present that the KIB Clerk had suggested the election of officers be postponed until there was a full Board present. 10. Visitors' Comments - None 11. Board Comments - None 12. Adjourn. There being no further business, a motion was made and seconded and unanimously agreed upon to adjourn the meeting at 9:30pm. Respectfu submitted: ALL ait , Sharon Lea . ., fi, Secretary, KIB Engineering /Facilities Dep Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: 05 Date: a-enP� ,$ hr .Z . 200 \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2004 \Minutes 23 November 04.doc Page 5 of 5 1. Call to Order. Scott Arndt, Chair of Fire Protection Area #1 Board, called the meeting to order at 7:30pm. 2. Roll Call. Present were Scott Arndt, Dave Billings, Robert Casey and Greg Spalinger. Absent was Cliff Davidson. It was moved, seconded and unanimously voted to excuse C. Davidson. 3. Approval of Agenda. It was moved and seconded to amend the Agenda: in lieu of Approval of Minutes [24 March 2004 and 23 November 2004] the Agenda item to read Acceptance of Minutes. Under New Business - "Travel Request for EMS" to be added. Acceptance of the Amended Agenda was moved by G. Spalinger, seconded by D. Billings and there was an affirmative unanimous roll call vote. 4. Visitors' Comments - None 5. Budget. S. Arndt presented the new budget which had been worked on during a previously held Fire Protection District #1 Work Session. The Regular meeting was closed and a Public Hearing on the Budget was opened. There were no public comments and the Regular Meeting was reconvened. The Chair called for discussion on the FY06 Budget. There was no discussion. It was moved and seconded to accept the FY06 Budget. There was an affirmative unanimous roll call vote. 6. Old Business - None 7. Chief's Report Fire Protection District No. 1 Regular Meeting Minutes 21 February 2005 at 7:30pm Bayside Fire Hall pEC llfIE SEP 2 7 2005 BOROUGH CLERK'S OFFICE Assistant Chief Himes reported equipment [SCBAs] purchased with Grant dollars had been received - although some parts were still not on Island - and that training would begin and the Grant would be closed. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 21 February 05.doc Page 1 of 4 Chief Himes went on to advise that he would be attending the 50th Anniversary of the Fire Marshall's Association. He also reported that 1 March was the deadline for receiving applications for new recruits. 8. Firefighters' Association President's Report D. Mathers reported that blueprints for the Phoenix Building Burn Simulator were being sent to him. The ARB would be meeting mid March and the plans for the Simulator would be presented. Upon approval, the Simulator would be ordered. 9. Chair's Report The Chair advised the Board that a presentation re future improvements to the Bayside Fire Department and adjacent areas would be made to the P &Z Commission and again at the next Assembly Work Session. The Chair reported on his trip to Juneau. He indicated that, money wise, funding for capital projects did not look positive. The Chair met w /Wayne Stevens and the Director of the Alaska Municipal League re the issue of getting volunteers involved in the PERS Program. He noted that Representative LeDoux said she would take a look at how the system was set up - she indicated that new policy would need to be rewritten [to include volunteers] and that could take some time. The Chair went on to report that the PERS System appears to be in bad shape economically. There was a shortfall last year of approximately 34% - employers' portions will be going up 5% for the next 5 years. The Chair reported that he had received information from the DOT that $1.3 million would be forthcoming to address lighting and paving issues on Anton Way, Lilly Drive, Murphy and Otmeloi. The Chair also attended a DNR House Committee meeting. There was discussion re the University of Alaska receiving lands - he found the meetings interesting and the information gathered could affect Kodiak. The Chair requested reimbursement for his travel to Juneau in the amount of $921.92. The amount included airfare, hotel and per diem. G. Spalinger made a motion to approve the reimbursement and there was a second by D. Billings who requested that any subsequent trips be brought to the Board for \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 21 February 05.doc Page 2 of 4 prior approval, following travel authorization procedures required by the Borough. There was an affirmative unanimous voice vote. 10. New Business EMS Instruction Course. Chief Himes requested expenditure approval for 2 EMTs to attend an EMS Instruction Course in Anchorage in May. This is a course that needs to be recertified every 2 years. G. Spalinger moved to approve the expenditure of $1140.00 for 2 EMTs to attend the Instruction Course. The motion was seconded by D. Billings. There was an affirmative unanimous voice vote. New Grant Application. Chief Himes indicated he was gathering information for a new Grant Application and requested direction from the Board as to what should be applied for. Chief Himes reviewed equipment priorities and the highest priority would be a new pumper. The Chair shared information he received while attending a class on grant applications and the review process of the applications. The Chair suggested a team approach to the Grant Application and encouraged early submittal of the Application. Chief Himes will contact people suggested for the small working group and will also reach out to Fire Departments in Skagway and Cordova - both places have received equipment through the Grant process - and he will begin working on the narrative portion of the Application. A motion was made by R. Casey and seconded by G. Spalinger to submit a pumper as the priority to be purchased through the Grant. There was an affirmative unanimous voice vote. 11. Election of Officers Nominations were opened for Chair. D. Billings nominated S. Arndt. R. Casey moved the nominations be closed. The motion was seconded by G. Spalinger. There was an affirmative unanimous voice vote. Nominations were opened for Vice Chair. R. Casey nominated G. Spalinger. D. Billings moved the nominations be closed. The motion was seconded by R. Casey. There was an affirmative unanimous voice vote. \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 21 February 05.doc Page 3 of 4 12. Visitors' Comments - None 13. Board Comments D. Billings - none R. Casey - none G. Spalinger - Questioned a change in Bylaws to allow existing firefighters to become volunteers. Chief Himes responded that as long as the minimum requirements of BSFD were met, any professional firefighter could be a volunteer at Bayside. 14. Adjourn There being no further business, a motion was made and seconded and unanimously agreed upon to adjourn the meeting at 8:45p. Respectfully submitted: Sharon Lea sd' -olfi, Secretary KIB Engineering /Facilities Dep Approved by: Scott Arndt, Chair Fire Protection District No. 1 Board Date: ' rYcn.6./ .23 100S \ \Dove \departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2005 \Minutes 21 February 05.doc Page 4 of 4 1. Call to Order 20 May 2003 at 7:30 p.m. Bayside Fire Hall 2. Roll Call Fire Protection District No. 1 Special Meeting /Work Session Minut Chairperson Scott Arndt called the Special Meeting /Work to order at 6:02p.m. F L ; SEP 2 u v E BOROUGH CLERK'S OFFICE Session Board Members present were Roy Aguirre, Scott Arndt, Cliff Davidson and Greg Spalinger. Board Member absent was Jeff Halcomb. A quorum was established. S. Arndt had been in contact w/a proximate [adjacent to Bayside's area] property owner who had indicated she wanted to sell her pieces of property. The Chair checked w/ the Assessing Department at the Borough - the owner is to have her property replatted so that 2 pieces of property would be combined. The assessment for property and land was: 1st lot = $80,000; house = $135,600; and the 2nd [vacant] lot = $55,000 - for a total assessment figure of $270,600. The Chair indicated a fair market value would be $295,000. The Chair advised he would like to offer [the owner] 2 years of occupancy, after closing, in her house until her new one is built. The owner would be responsible for all utilities. C. Davidson questioned the risk to expansion plans and FD funds if the property was not purchased. All present agreed that making this purchase would be the only way there could be any expansion. C Davison questioned the 20 year plan for the FD. The Chair said that there would be 3 additional bays, and ultimately, an ambulance, potential for office, training area, dorm facility. \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes Work Session 20 May 03.doc Page 1 of 2 G. Spalinger suggested that in 20 years Bayside could be the central station, given demographics. All agreed that growth in the area was certain. There was a brief discussion re the moving of a sewer line and changing the size to 6 ". The Chair read the proposed resolution to move forward on the purchase. The Work Session was closed at 6:38p and the Special Meeting was convened. The Chair requested a motion to approve the resolution for presentation to the Kodiak Island Borough Assembly. C. Davidson made the motion and it was seconded by G. Spalinger. Discussion. C. Davison asked Assistant Chief Himes his opinion re the purchase. Himes responded that it was his opinion that this was the only way to expand the facility and meet the needs of the fire department. There was continued discussion touching on the addition of new bays, creating a buffer zone between the station and the neighbors and a need for additional parking space. The Chair reiterated that this purchase /expansion would be in the best interests of the Fire Department and the community. There was a unanimous affirmative roll call vote. There was a motion made and seconded to adjourn the meeting at 7:15p. Rest. / fully s bmitted: e l / /L J a f/ s6:1•11, aron e �Adinolfi, Se ltart' KIB Engineering /Facilitie Dept. Approved /bJy: Scott Arndt, Chair Fire Protection District No. 1 Board Date Date: 59,7c.ster 7005 \ \dove \Departments \EF \Service Districts \Fire Protection Area No. 1 Board \Fire Protection Area Mtg. Minutes \Mtg Minutes 2003 \Minutes Work Session 20 May 03.doc Page 2 of 2 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - September 12, 2005 SUMMARY APPROVED: Motion to approve certificated contracts for the 2005/ 2006 school year to Nicole Sherman - BA +0/0 in the amount of $32,157 for 1.0 FTE Peterson Elementary School; Spruce Lynch - MA+0/3 in the amount of $45,267, plus $333 village stipend for 1.0 FTE Big Sandy Lake School; and Ken Cole - MA+36/8, in the amount of $14,809, plus $85 village stipend for 1.0 FTE (45 days) Karluk School. APPROVED: Motion to approve the 2005/2006 Big Sandy Lake School and Karluk School calendars as presented. APPROVED: Motion to adjourn. TR)ECEOVE SEP1 62005 BOROUGH CLERK'S OFFICE ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - September 6, 2005 APPROVED: Motion to adjourn. SUMMARY APPROVED: Motion to approve certificated contracts for the 2005/2006 school year to Petra Strassberg - BA +36/5 in the amount of $49,757, plus $338 village stipend and $338 special education stipend for 1.0 FTE Old Harbor School; Monique Grasso - BA+0/0 in the amount of $33,849 for 1.0 FTE Peterson Elementary School; and David Wesolowski - BA +0 /0 in the amount of $32,719 for 1.0 FTE Kodiak High School. DECEIVE SEP - 8 2005 BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH ASSEMBLY MEETING 1 ^ � AC t. Meeting of: ( 2C✓ Please print your name Please print your name RECONSIDERATION AFFIDAVIT I, , having voted on the prevailing side, file my intent to propose reconsid Lion of the vote taken on Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a new Alaska Department of Fish and Game Research and Administrative Building on Near Island adopted on September 15, 2005. R ECEIVE d:: w c2✓n SEP 1 6 2005 0 BOROUGR'CLERK'S OFFICE SUBSCRIBED AND SWORN to before me this fie day of —`U '2D03. Notary Public In an For Alask My Commission Expires: e 07 I, r -c`i , file my intent to second the reconsideration of the vote taken on Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a new Alaska Department of Fish and Game Research and Administrative Building on Near Island adopted on September 15, 2005. Signature SUBSCRIBED AND SWORN to before me this ! IL/ day of No (2 Notary Public In and For Al"aoc / / � / My Commission Expires: (� / FILED with the Kodiak Island Borough Clerk this AP day of b -14 , 2005. Judith A. 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INVOCATION Sergeant Major Dave Blacketeer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymember Bonney as well as otherAssembiymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemb /ymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOT /ON TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamations Assembly Guidelines Regular Meeting Assembly Chambers 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. Kodiak Island Borough Assembly Guidelines October 6, 2005 Page 1 8. COMMITTEE REPORTS A. AADC Update - Martha Schoenthal B. Kodiak Kenai Cable Company Fiber Optic Cable Update - Ik Icard 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. The motion before the Assembly is: to approve Contract No. 97 -078 with Providence Health System - Washington d /b /a Providence Health System in Alaska. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION B. Reconsideration of Resolution No. FY2006 -10 Accepting a Designated Legislative Grant Through the Alaska Department of Commerce, Community and Economic Development, for Design and Site Work Associated With the Construction of a New Alaska Department of Fish and Game Research and Administrative Building on Near Island. (Clerk's note: Assemblymember Tom Abell filed the motion to reconsider; therefore, he should be the maker of the motion to reconsider.) Recommended motion: Move to reconsider the action taken on Resolution No. FY2006 -10. Discussion should focus on the reasons for filing the reconsideration or new information made available. As the maker of the motion, Assemblymember Abell should speak first. ROLL CALL VOTE ON MOTION TO RECONSIDER if the motion to reconsider fails the original action that adopted the resolution stands. Kodiak Island Borough Assembly Guidelines October 6, 2005 Page 2 If the motion to reconsider passes, the motion to adopt Resolution No. FY2006 -10 is before you automatically as if the original vote had not taken place. ROLL CALL VOTE ON ORIGINAL MOTION TO ADOPT 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -17 Maintenance Agreement and Upgrade of Hardware and Software on the AS400. Recommended motion: Move to approve Contract No. FY2006 -17 with Pacific Software Associates, Inc. in an amount not to exceed $83,823. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS 1. Resolution No. FY2006 -13 Adopting a Capital Improvement Program for Fiscal Years 2006 Through 2010 and Establishing a Capital Improvement Projects Priority List. (Clerk's note: attached on blue paper is the revised version.) Recommended motion: Move to adopt Resolution No. FY2006 -13. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. Recommended motion: Move to adopt Ordinance No. FY2006 -03 in first reading to advance to public hearing on October 20, 2005. Staff report - Manager Gifford. Kodiak Island Borough Assembly Guidelines October 6, 2005 Page 3 Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Southern Region Emergency Medical Services Council Board of Directors Nomination. Recommended motion: Move to nominate Mike Dolph to a seat on the Southern Region Emergency Medical Services Council Board of Directors. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Special Project -Plan Update. Recommended motion: Move to accept the Alaska Coastal Management Program Grant Funds in the amount of $7,500 for the Fiscal Year 2006 Special Project - Plan Update. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION 3. Acceptance of Alaska Coastal Management Program Grant Funds for the Fiscal Year 2006 Required Tasks. Recommended motion: Move to accept the Alaska Coastal Management Program Grant Funds in the amount of $32,108.21 for the Fiscal Year 2006 Required Tasks. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 6, 2005 Page 4 4. Resignation of Womens Bay Service Area Board Member. (Clerk's note: attached on pink paper is Russell Toms' resignation.) Recommended motion: Move to accept, with regret, the resignation of Russell Toms from the Womens Bay Service Area Board and direct the Borough Clerk to advertise the vacancy per Borough Code. 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 will meet in a work session on Thursday, October 13, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, October 20, 2005 at 7 :30 p.m. in the Assembly Chambers. Thank you to all the volunteers who served the voters at the precincts during the October 4, 2005 Regular Municipal Election. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 6, 2005 Page 5