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2007-06-26 Special MeetingJune 26, 2007 - 7:30 p.m. Citizens Comments And Public Hearing Numbers: Toll Free Number: (800) 478 -5736 Local Number: 486 -3231 Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk 4. ADJOURNMENT Special Meeting This meeting was called by the Assembly. Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Resolution No. FY2007 -40 Authorizing the Approval of a Short -term Lease and Material Sales Agreement with Brechan Enterprises, Inc. for Tracts B1, B2, B3, and B4 -A, Bells Flats Alaska Subdivision. B. Contract No. FY2007 -50 Phase I of the Seismic Upgrades to the Kodiak Middle School. C. Mayoral Appointments to the Solid Waste Advisory Board. D. EXECUTIVE SESSION Borough Manager's Performance Evaluation. Kodiak Island Borough Assembly Agenda June 26, 2007 Page 1 Rogular Meeting of: 6, 02661 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Please print your name Yo ek s�- b 0 O U *Y act cu O c • a s o O i,.i a> O cl U s 0 w w 7 z x • � Ey 0 � 0 x U U 0 0 A % 0 d, • 0 S '(.. - t ' z Mr. Abell Ms. Branson ot" Mr. Friend Ms. Jeffrey , Tioukj Mr. Oswalt TOTAL — -•10 o Y \ c.J- b 0 ..)) 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JIAI r Ms. Branson Mr. Friend _Ms. Jeffrey L uouk[ 'SJ _Mr. Oswalt TOTAL _ i 0: 0 O z II Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoal • sJ II 2 ems 'JYAi II 11 Ms. Williams qv M � W 0 0 N CIS Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukI 'SLAT Mr. Oswalt Ms. Williams TOTAL b O N may . .n AI Ms. Branson Mr. Friend '(azjja f 'SW 'Total 'sJAI Mr. Oswalt Ms. Williams TOTAL M W o 0 N rj) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouki 'SLAT Mr. Oswalt SUIIIJTTM 'SLAT TOTAL M O Mr. Abell r Ms. Branson Mr. Friend Ms. Jeffrey uouXZ 'sYAI Mr. Oswalt suieilltM, 'sI�L_ TOTAL pa - - \,. Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouki 'sLAI Mr. Oswalt TOTAL o 0 D U • • 0 H � • v) O 1.0 4) O c 0 W H z ,, U 0 c 0 z 0 z w 0 Y /V c O V) O U Cvs s, V June 26, 2007 Special Meeting 1. ROLL CALL 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Borough Conference Room Resolution No. FY2007 -40 Authorizing the Approval of a Short -term Lease and Material Sales Agreement with Brechan Enterprises, Inc. for Tracts B1, B2, B3, and B4- A, Bells Flats Alaska Subdivision. Recommended motion: Move to adopt Ordinance No. FY2007 -40. Staff Report - Manager Gifford. Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. Contract No. FY2007 -50 Phase I of the Seismic Upgrades to the Kodiak Middle School. Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -50 with Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $2,340,000. Staff Report - Manager Gifford. Assembly discussion - amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines June 26, 2007 Page 1 C. Mayoral Appointments to the Solid Waste Advisory Board. Recommended motion: Move to confirm the Mayoral appointments of: Bill Hinkle and Marion Owen for t o m and Richard Pillans for the two -year terms to expire 20 Bar Altenhoff for a one -year term to expire 2008 Sta ort = lerk avid ssembly discussion - a en A i, s may be offered at this time. Abb- RO OTE ON D. EXECUTIVE SESSION Borough Manager's Performance Evaluation. 10 Recommended motion: Move to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION Please invite all Assembly members, the Mayor, and the Manager to participate. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines June 26, 2007 Page 2 Kodiak Island Borough AGENDA STATEMENT Special Meeting of June 26, 2007 Item No.3.A Resolution No. FY2007 -40 Authorizing the Approval of a Short-Term Lease and Material Sales Agreement with Brechan Enterprises, Inc. for Tracts 61, B2, B3, and B4 -A, Bells Flats Alaska Subdivision The Kodiak Island Borough currently leases Tracts B1, B2, B3, B4A, Bells Flats Alaska Subdivision ( "B Tracts ") to Brechan Enterprises, Inc. ( "Brechan ") for the purpose of resource extraction. The current lease expires on June 30, 2007. Brechan has applied to re -lease the B Tracts for the purpose of continued resource extraction per Kodiak Island Borough Code, Title 18. KIBC 18.20.30 states that "each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal." The Planning & Zoning Commission ( "P &Z ") approved the disposal of Borough land for fair market value after a public hearing held on April 18, 2007 and continued on May 7, 2007. According to KIBC Title 18, the Assembly is the final authority with regard to requests to dispose of interest in borough land. The Assembly approved Resolution No. FY2007 -39 on June 7, 2007 declaring the B Tracts as surplus to borough need, and authorizing the borough manager to negotiate with Brechan for a disposal of borough land by lease for fair market value. The resolution authorized the manager to negotiate with Brechan for a short-term lease, which includes a material sales contract to be presented to the Assembly for their approval. This resolution authorizes the manager to execute a short-term lease of one year with Brechan to lease the B Tracts for the purpose of resource extraction. The attached lease has been negotiated with Brechan and includes the following: • Lease rate of $24,000 per year, up from $20,000 per year • Royalty at the current rate of $1.25 per cubic yard • Payment of Real & Personal Property Taxes • Payment of Severance Taxes • Performance and operation standards as outlined in Exhibit B Our goal with the short-term lease was to update the lease documents to reflect current legal language and other minor improvements that have been noted by both parties to the lease. In addition, we wanted to minimize the financial impacts that would affect this summer's projects. We increased the annual lease rate by 20% to reflect an estimated increase in the estimated fair market value from $25,000 per acre to $31,000 per acre. This reflects a minimal increase, but recognizes that the fair market value has gone up. This will allow staff time to develop its analysis of the fair market value for the leasehold interest, allow Brechan time to review it and then develop and negotiate a lease rate for the long -term contract. (Continued on next page.) The other major change is the accounting for the real property tax on the leasehold interest of the property. The current lease allows a credit for the real property tax of approximately $8,000 against the lease rate. We believe this was allowed because when the agreement was first initiated twenty -five years ago, it was done as a material sales contract, not a lease and therefore, no real property tax. Sometime during the twenty -five year period, it was determined that the agreement really was a lease and a material sales contract. The lease makes it subject to real property tax based on an appraisal of the fair market value of the leasehold interest. In order to minimize the impacts of the real property tax at that time, it was agreed to allow the lessees to take a credit of the real property tax against the use fee (lease amount). This, in effect, reduced the amount of lease going into the Land Sale fund for lease of the property. It is my recommendation that the new short-term lease not allow a credit of the real property tax. The net effect of the above changes is a $4,000 annual increase in the lease rate and the discontinuance of the credit for the real property tax which is approximately $8,000 for a total increase from the current lease of approximately $12,000. Brechan has agreed to the terms and conditions of the one -year short-term lease. Staff recommends approval of the one -year lease with Brechan Enterprises, Inc. /APPRCI \ /AI FnR nENnA. Recommended motion: Move to adopt Resolution No. FY2007 -40. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -40 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Attorney Introduced: 06/26/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF A SHORT -TERM LEASE AND MATERIAL SALES AGREEMENT WITH BRECHAN ENTERPRISES, INC. FOR TRACTS B1, B2, B3 AND B4 -A, BELLS FLATS ALASKA SUBDIVISION WHEREAS, in Resolution FY2007 -39, the Borough Assembly declared surplus to the Borough's need and authorized the Borough Manager to negotiate directly with Brechan Enterprises, Inc., a short-term lease for full and true market value of an 84.38 acre portion of borough land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for the purpose of resource extraction; and WHEREAS, in Resolution FY2007 -39, the Borough Assembly established specific leasing procedures for this matter under KIB Code 18.40.010; and WHEREAS, the Borough Manager has presented to the Assembly a lease and material sales contract for a one year term, which complies with Resolution FY2007 -39; NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to execute the short -term lease and material sales contract with Brechan Enterprises, Inc. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -40 Page 1 of 1 LEASE AND MATERIAL SALES AGREEMENT (short term) THIS LEASE and MATERIAL SALES AGREEMENT is made this first day of July, 2007 by and between the Kodiak Island Borough ( "Landlord" or "KIB "), a municipal corporation organized under the laws of the state of Alaska, and Brechan Enterprises, Inc. ( "Tenant" or "BEI "), a corporation incorporated under the laws of the state of Alaska. For and in consideration of the covenants, rents and demises, and upon the terms and conditions set forth in this agreement, the parties agree as follows: 1. Premises. Landlord hereby lets, leases and demises to Tenant the real estate particularly described as follows: Tracts Bl, B2, B3 and B4A, Bells Flats Alaska Subdivision, generally according to Plat 81 -24, located in the Kodiak Recording District, Third Judicial District, State of Alaska. Also known as 12247, 125361 and 12583 Middle Bay Drive and 12027 Bells Flats Road ( "the premises "). Tenant, upon paying the rents, and performing all of the terms and covenants required by this agreement, shall peaceably and quietly enjoy the premises subject nevertheless, to the terms of this agreement. 2. Term of Lease. The term of this agreement shall be for the period of one (1) year following the commencement of the term, unless sooner terminated as provided in this agreement. The lease term shall commence on July 1, 2007, and shall expire at 5:00 P.M., prevailing Alaska Time on June 30, 2008. 3. Rental. In consideration of the demise and leasing of the premises Tenant agrees to pay to Landlord as rental for the premises the lump sum of twenty four thousand dollars ($24,000.00) in advance, on or before the first day of the lease term. All rent shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Unit Price for Materials. Consistent with KIB Code ( "KIBC ") Chapter 18.60, BEI is also granted the right to purchase gravel by this agreement. BEI shall bear the cost of and shall provide the volume determination according to KIBC 18.60.040. The volume determination shall be in units of cubic yards. Upon execution of this agreement, BEI shall pay to KIB $1,000 as required by KIBC 18.60.040. BEI shall submit to KIB on an annual basis and not less than thirty days prior to the anniversary date of this agreement, the volume determination of the gravel removed from the premises. BEI shall pay for this gravel the unit price as determined by the KIB Assembly under LEASE AND MATERIAL SALES AGREEMENT — Page 1 of 9 KIBC 18.60.060. KIB reserves the right, but is not obligated to make its own volume determination of the gravel removed from the premises. 5. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements to the premises without first obtaining the written consent of Landlord to Tenant's development plan ( "development plan ") attached as Exhibit A. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with the development plan and with the approved work. Tenant shall provide Landlord with copies of all applications and all permits associated with these regulatory compliance requirements. These copies will be provided at the time the applications are submitted to the regulatory agencies and when the permits are received. Tenant shall hold Landlord harmless from all liability and liens resulting from the development plan and approved work. All alterations, additions and improvements are subject to the terms of KIBC 18.40.140. 6. Use of Premises. The premises shall be used as support for Tenant's extraction, remanufacturing and removal of gravel and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the premises or any part thereof to be used for any purpose in violation of any borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and/or occupying the premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the protection of the surrounding habitat and residential areas. The violation of any such rules and regulations shall be deemed a material breach of this agreement by Tenant. Tenant shall use, operate and/or install any electrical or mechanical equipment, machinery, or mechanical devices on the premises in compliance with the highest standards applicable to the premises, or to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged. Tenant shall use the premises and any machinery or equipment on it in such a manner as not to cause substantial noise or vibration, or unreasonable disturbance to surrounding residents. Tenant expressly agrees to comply with the list of additional terms on attached Exhibit B and recognizes that a failure to do so shall be an incident of default. Tenant will take all reasonable steps to secure the premises against casual access by the public. 7. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures on the premises. Tenant shall pay any license and excise fees and occupation taxes covering business conducted on the premises. Tenant shall pay all severance taxes associated with its resources extracted or produced from the premises. 8. Utilities. Tenant shall provide at its expense all utilities and services used on the premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of any utilities or services. 9. Maintenance and Repairs. As this is a lease of land, Landlord has no duty to maintain or repair the premises. Tenant shall, at its expense, maintain and repair the premises. LEASE AND MATERIAL SALES AGREEMENT — Page 2 of 9 Tenant shall commit no waste of any kind in or about the premises, and Tenant shall pay for all damage to the premises caused by Tenant's misuse or neglect of the premises. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment or other personal property or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the premises. Nor shall Landlord be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said premises, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the operation or use of any of the premises by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 10. Fire and Other Casualty. As this is a lease of land, Landlord has no duty to protect the premises from damage by fire or other casualty. Tenant acknowledges that it must protect its machinery and equipment from damage by fire or other casualty. There will be no reduction in rent in the event that Tenant's machinery and/or equipment is damaged by fire or other casualty. 11. Subletting and Assignment. Tenant shall not sublet the premises, or any part thereof, or assign this agreement or any part thereof, nor shall this agreement be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. Any merger, consolidation, or dissolution to which Tenant is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this agreement for purposes of this paragraph. 12. Indemnification. Tenant shall defend and indemnify Landlord from and against any and all claims, liabilities, or losses of any type arising out of Tenant's occupancy and use of the premises together with reasonable attorney's fees and all costs and expenses incurred by Landlord in negotiating, settling, defending and otherwise acting as a result of such claims. Landlord shall promptly notify Tenant of any loss or claim and shall tender defense of such claim to Tenant prior to negotiating, settling, or defending such claim. 13. Insurance. Tenant, at its sole expense, shall keep or cause to be kept in force for the mutual benefit of Landlord and Tenant comprehensive broad form general public liability insurance coverage against claims and liability for personal injury, death or property damage arising from the use, occupancy, disuse, or condition of the premises, improvements, or adjoining areas or ways. This insurance shall provide coverage of at least $2,000,000 aggregate, $1,000,000 per occurrence, $2,000,000 for products /operations and $1,000,000 for personal and advertising. Landlord shall be an additional named insured in such policy or policies. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord and licensed to do business in Alaska. All such policies shall be nonassessable and LEASE AND MATERIAL SALES AGREEMENT — Page 3 of 9 shall contain language to the effect that (1) any loss shall be payable notwithstanding any act or negligence of Landlord that might otherwise result in a forfeiture of the insurance; (2) the insurer waives the right of subrogation against Landlord; (3) the policies are primary and noncontributing with any insurance that may be carried by Landlord; and (4) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenant to Landlord for approval. Maintenance of insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under paragraph 12, above. If Tenant fails or refuses to procure or maintain the required insurance, or fails to provide Landlord with the required proof of insurance and that it is in force and paid for, Landlord may, at Landlord's election and without notice, procure and maintain such insurance, or may terminate this agreement without liability upon written notice to Tenant. Any premiums paid by Landlord shall be treated as an added fee due from Tenant with interest at twelve per cent (12%) per year, to be paid on demand. 14. Performance Bond. A performance bond in the amount of $100,000, payable to Landlord, shall be obtained by Tenant and kept in force during the term of this agreement. Failure to maintain this bond will be a default. 15. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents in connection with work of any character performed or claimed to have been performed on the premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the premises, including liens arising out of, incident to, or connected with the use and occupation of the premises by Tenant. 16. Default. The provisions of this paragraph shall apply if: (a) Tenant defaults in the payment of rent and the default continues for ten (10) days; or (b) Tenant defaults in the performance of any of its other obligations under this agreement and the default continues for thirty (30) days after notice of the default from Landlord specifying in what manner Tenant has defaulted. If the default cannot be cured within the thirty (30) -day period, the period shall be extended for a reasonable additional time, provided that Tenant commences to cure the default within the thirty (30) -day period and proceeds diligently to effect a cure. LEASE AND MATERIAL SALES AGREEMENT — Page 4 of 9 In the event of any default described in subparagraph (a) above, Landlord may: (1) Cure the default, in which case any costs and expenses and reasonable attorney fees and court costs incurred by Landlord because of the default shall be deemed additional rent; or (2) Lawfully enter the premises and repossess the same, and expel Tenant and those claiming under Tenant, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which Landlord may have for arrears of rent or breach of covenant. On entry by Landlord under subparagraph (2) above, this agreement shall terminate. 17. Forfeiture. The following shall apply in the event of the bankruptcy or insolvency of Tenant: (a) If a petition is filed by, or an order for relief is entered against Tenant under Chapter 7 of the Bankruptcy Code, and the trustee of Tenant elects to assume this agreement for the purpose of assigning it, the election or assignment, or both, may be made only if all of the terms and conditions of this paragraph are satisfied. If the trustee fails to elect to assume this agreement for the purpose of assigning it within sixty (60) days after the trustee's appointment, this agreement will be deemed to have been rejected. Landlord shall then immediately be entitled to possession of the premises without further obligation to tenant or the trustee, and this agreement will be canceled. Landlord's right to be compensated for damages in the bankruptcy proceeding, shall, however, survive. (b) If Tenant files a petition for reorganization under Chapters 11 or 13 of the Bankruptcy Code, or if a proceeding is filed by or against Tenant under any other chapter of the Bankruptcy Code and is converted to a Chapter 11 or 13 proceeding and Tenant's trustee or Tenant as a debtor -in- possession fails to assume this agreement within sixty (60) days from the date of filing of the petition or conversion, the trustee or the debtor -in- possession will be deemed to have rejected this agreement. Landlord shall then immediately be entitled to possession of the premises without further obligation to tenant or the trustee, and this agreement will be cancelled. Landlord's right to be compensated for damages in the bankruptcy proceeding shall, however, survive. To be effective, an election to assume this agreement must be in writing and addressed to Landlord and, in Landlord's business judgment, all of the following conditions, which Landlord and Tenant acknowledge to be commercially reasonable, must have been satisfied: (i) The trustee or the debtor -in- possession has cured or has provided to Tenant adequate assurance, as defined in this subparagraph (b) that: (A) the trustee will cure all monetary defaults under this agreement within ten (10) days from the day of the assumption; and (B) the trustee will cure all nonmonetary defaults under this agreement within thirty (30) days from the date of the assumption. (ii) The trustee or the debtor -in- possession has compensated Landlord, or has provided t Landlord adequate assurance, as defined in this subparagraph (b), that within ten (10) days from the date of the assumption Landlord will be compensated for any LEASE AND MATERIAL SALES AGREEMENT — Page 5 of 9 pecuniary loss it incurred arising from the default of Tenant, the trustee, or the debtor -in- possession as recited in Landlord's written statement of pecuniary loss sent to the trustee for the debtor -in- possession. (iii) The trustee or the debtor -in- possession has provided Landlord with adequate assurance of the further performance of each of Tenant's obligations under the agreement; provided, however, that: (A) the trustee or debtor -in- possession will also deposit with Landlord, as security for the timely payment of rent, an amount equal to 3 months' rent and other monetary charges accruing under this agreement; (B) if not otherwise required by the terms of this agreement, the trustee or the debtor -in- possession will also pay in advance, on each day that the rent is payable, one - twelfth (1/12) of Tenant's annual obligations under the agreement for all additional rent as defined in the agreement; (C) from and after the date of assumption of this agreement, the trustee or debtor -in- possession will pay the annual rent payable under this agreement in advance in equal monthly installments on each day that the base rent is payable; and (D) the obligations imposed on the trustee or the debtor -in possession will continue for Tenant after the completion of bankruptcy proceedings. (iv) For purposes of this subparagraph (b), "adequate assurance: means that: (A) Landlord will determine that the trustee or the debtor -in- possession has, and will continue to have, sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Landlord that the trustee or the debtor - in possession will have sufficient funds to fulfill Tenant's obligations under this agreement and to keep the premises properly staffed with sufficient employees to conduct a fully operational, actively promoted business on the premises; and (B) an order will have been entered segregating sufficient cash payable to Landlord and/or a valid and perfected first lien and security interest will have been granted in property of Tenant, trustee, or debtor -in- possession that is acceptable for value and kind to Landlord to secure to Landlord the obligation of the trustee or debtor -in- possession to cure the monetary or nonmonetary defaults under this agreement within the time periods set forth above. (c) In the event that this agreement is assumed by a trustee appointed for Tenant or by Tenant as debtor -in- possession under the provisions of subparagraph (b) and if Tenant is then either adjudicated a bankrupt or files a subsequent petition for arrangement under Chapter 11 of the Bankruptcy Code, then Landlord may terminate, at its option, this agreement and all Tenant's rights under it, by giving written notice of Landlord's election to terminate. (d) If the trustee or the debtor -in- possession has assumed the agreement, under the terms of subparagraphs (a) or (b) above, and elects to assign Tenant's interest under this agreement or the estate created by that interest to any other person, that interest or estate may be assigned only if Landlord acknowledges in writing that the intended assignee has provided adequate assurance, as defined in subparagraph (b)(iv), of future performance of all of the terms, covenants, and conditions of this agreement to be performed by Tenant. LEASE AND MATERIAL SALES AGREEMENT — Page 6 of 9 (e) For the purposes of this paragraph, "adequate assurance of future performance: means that Landlord has ascertained that each of the following conditions has been satisfied: (i) the assignee has submitted a current financial statement, audited by a certified public accountant, that shows a net worth and working capital in amounts determined by Landlord to be sufficient to assure the future performance by the assignee of Tenant's obligations under this agreement; (ii) if requested by Landlord, the assignee will obtain guarantees, in form and substance satisfactory to Landlord, from one or more persons who satisfy Landlord's standards of creditworthiness; (iii) Landlord has obtained all consents or waivers from any third party required under any other agreement by which Landlord is bound, to enable Landlord to permit the assignment; and (iv) when, pursuant to the Bankruptcy Code, the trustee or the debtor -in- possession is obligated to pay reasonable use and occupancy charges for the use of all or part of the premises, the charges will not be less than the rent as defined in this agreement and other monetary obligations of Tenant, including additional rent as defined in the agreement. (f) Neither Tenant's interest in the agreement nor any estate of Tenant created in the agreement will pass to any trustee, receiver, assignee for the benefit of creditors, or any other person or entity, or otherwise by operation of law under the laws of any state having jurisdiction of the person or property of Tenant, unless Landlord consents in writing to the transfer. Landlord's acceptance of rent or any other payments from any trustee, receiver, assignee, person, or other entity will not be deemed to have waived, or waive, the need to obtain Landlord's consent or Landlord's right to terminate this agreement for any transfer of Tenant's interest under this agreement without that consent. 18. Notices. Any and all notices required or permitted under this agreement, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TENANT: Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 19. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this agreement or an action shall be brought for its enforcement, the defaulting party shall pay to the other all the expenses so incurred, including a reasonable attorney's fee. LEASE AND MATERIAL SALES AGREEMENT — Page 7 of 9 In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 20. Rights or Remedies. Unless it is inconsistent with or contrary to any provision of this agreement, no right or remedy granted to Landlord by this agreement is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy under this agreement, or now or hereafter existing at law or in equity or by statute. 21. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants under this agreement shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 22. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord has no duty to inspect. 23. Successors in Interest. This agreement shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties. 24. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be deemed a month -to -month tenancy commencing on the first day of the holdover period. 25. Signs. Tenant agrees that no signs may be installed on the premises without the written consent of Landlord. 26. Memorandum of Lease. Tenant agrees that Tenant will not record this agreement. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this agreement, in such form as may be satisfactory to their respective attorneys. 27. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this agreement for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion, the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, action by laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. LEASE AND MATERIAL SALES AGREEMENT — Page 8 of 9 28. Construction of Agreement. This agreement shall be governed by and construed in accordance with the laws of the State of Alaska and with KIBC 18.40 and 18.60. In the event of a conflict between the terms of this agreement and the words of an applicable statute or section of the KIBC, the terms of the statute or KIBC shall control. Words of gender used in this agreement shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 29. Condemnation. If the premises shall be taken or condemned for any public purpose to such an extent as to render the premises untenantable, this agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2007 ATTEST: Borough Clerk, Nova Javier TENANT: BRECHAN . TERPRIS IN By: Its LEASE AND MATERIAL SALES AGREEMENT — Page 9 of 9 LANDLORD: THE KODIAK ISLAND BOROUGH Borough Manager, Rick Gifford /do EXIIIBIT A .i 4 LEASE AND MATERIAL SALES AGREEMENT EXHIBIT B (short term) 1. The premises are subject to the minimum requirements of AS 27.19 regarding reclamation plans. Prior to entering into any additional agreements regarding the premises, a more comprehensive reclamation plan must be prepared which will meet all other requirements as set by the Assembly. 2. BEI shall coordinate with all appropriate regulatory agencies regarding its extraction and reclamation activities to assure regulatory compliance and the potential impact of its activities on surrounding habitat and residential areas. BEI shall provide KIB with copies of all applications and all permits associated with this regulatory compliance requirement. These copies will be provided at the time the applications are submitted to the regulatory agencies and when the permits are received. 3. BEI shall use all prudent efforts to minimize noise level during its operations on the premises. 4. BEI shall comply will the following performance standards: a. Buffer Area. A buffer area two hundred (200) feet in width shall extend from all platted property lines or the banks of the Russian River to the edge of the gravel extraction area, except as shown on Exhibit A. b. Overburden. Overburden shall be stripped, stockpiled, placed, and leveled in the cleared portion of the designated buffer area to create a berm for the reduction of visual and noise impacts on nearby properties. Upon completion of excavation, the berm will be removed and spread evenly over cleared portions of the buffer area. c. Side Slopes. Two to one (2:1) side slopes or flatter, to water's edge, shall be accomplished prior to contract termination and shall begin at the excavation side of the designated buffer area. d. Minimum Extraction Depth. Gravel extraction shall be accomplished to a minimum depth of twenty -five (25) feet below grade. e. Brush Removal. All brush shall be removed from not less than two - thirds (2/3) of the premises before any gravel is extracted. Brush shall be burned or removed from the premises and may not be placed in the excavated area or the buffer area. f. Trees. No trees, stumps, or parts of trees shall be placed in the excavated area or buffer area. g. Access. Ingress and egress shall be limited to one point on Middle Bay Drive. BEI shall not change its point of ingress and egress to the premises without the prior written consent of the KIB Manager. h. Hours of Operation. BEI shall limit its hours of operation on the premises to 7:00 a.m. to 7:00 p.m. Monday through Saturday with no work on Sundays, Memorial Day, July 4 Labor Day, Thanksgiving and Christmas. i. Haul Road. It is the intent of this agreement to keep loaded trucks off of Middle Bay Drive as much as possible. For purposes of this agreement, BEI shall operate its vehicles at no more than twenty -five (25) miles per hour on the following roads: A. Loaded trucks shall use Middle Bay Drive, Bells Flats Road and Sargent Creek Road while traveling between Chiniak Highway and the premises. B. Unloaded trucks may use Middle Bay Drive. C. Also included as a designated haul road is Salmonberry Drive fronting Block #, Tract A, Bells Flats Alaska Subdivision. Temporary closure, by reason of emergency, or for repair or improvement, shall not excuse performance by BEI or create liability for KIB. j. Dust Control. In periods of dry weather when the haul roads become dusty, BEI shall work with the Womens Bay Service Area to reduce the dust created by its vehicles. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -39 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Planning & Zoning Com. Introduced: June 7, 2007 Adopted: June 7, 2007 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING AN 84.38 ACRE PORTION OF BOROUGH LAND, DESCRIBED AS TRACTS B1, B2, B3 AND B4 -A, BELLS FLATS ALASKA SUBDIVISION AS SURPLUS TO BOROUGH NEED, AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE DIRECTLY WITH THE PETITIONER FOR A DISPOSAL OF BOROUGH LAND BY LEASE FOR FAIR MARKET VALUE WHEREAS, KIB Code 18.20.120 allows the Borough Assembly to authorize the Borough Manager to negotiate directly with parties requesting a disposal of interest in Borough land; and WHEREAS, KIB Code 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, KIB Code 18.60.010 allows the Borough Assembly to approve contracts for the sale of "materials" owned by the borough; and WHEREAS, KIB Code 18.40.010 allows the Borough Assembly to establish specific leasing procedures by resolution; and WHEREAS, the Planning and Zoning commission, after holding a public hearing on the request, determined by resolution that Tracts B1, B2, B3, and B4 -A are surplus to borough need and recommended a disposal by lease for fair market value subject to certain stipulations that are recommended that the Assembly include in the proposed lease agreement to meet certain planning and community objectives; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: That an 84.38 acre portion of borough land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision is hereby declared surplus to the borough's need and authorized for disposal to the petitioner Brechan Enterprises, Inc., by lease for full and true market value for the purpose of resource extraction. Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a short-term lease, which includes a material sales contract, with similar terms and conditions as in the current lease and other relevant provisions of KIBC Title 18. The short-term lease and materials sales contract will be presented to the Assembly for their approval. Section 3: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a long -term lease, which includes a material sales contract, in accordance with relevant provisions of KIBC Title 18. The long -term lease and material sales contract will be presented to the Assembly for their approval. Section 4: The Assembly hereby acknowledges the stipulations that were recommended by the Planning & Zoning Commission and request the manager to consider these items during the negotiation of the Tong -term lease. Kodiak Island Borough, Alaska Resolution No. FY2007 -39 Page 1 of 2 2. The lessee is required to coordinate with the appropriate regulatory agencies with regard to extraction and reclamation activities to ensure compliance with existing regulations affecting the extraction use and the potential impact of that use on surrounding habitat and residential areas. 3. The minimum extraction depth of the existing lease agreement will be restated in a new lease agreement as a maximum extraction depth subject to Assembly approval through lease negotiation. 4. A hydrologic plan be developed for this site and be revisited on a regular basis through the terms of the lease. 5. The lease shall be for a period of five (5) years with two three (3) year renewals at the discretion of the Assembly. 6. The Assembly may permit a "temporary lease" of the lease area, under the provisions of the existing lease agreement, for a period not to exceed six (6) months from the normal expiration of that agreement on June 30, 2007, in order to allow for the full negotiation of a successor lease agreement. Should a lease agreement not be approved by the Assembly after this time, extraction operations will cease after December 31, 2007 and the demobilization requirements of the existing lease agreement for the site will be in effect at that time. 7. Hours of operation (per Brechan Enterprises, Inc. letter March 1, 2007) shall be 7 a.m. to 7 p.m., Monday through Saturday, with no work on Sundays. 8. The buffer zones, laid out in the Brechan Enterprises, Inc. letter dated March 1, 2007, shall be maintained and kept in a topography that blends smoothly into the surrounding area. 9. All prudent efforts shall be used to minimize the noise level during operations. ATTEST: 1. A reclamation plan, subject to approval by the Assembly, shall be developed in the initial five (5) year lease period as part of this disposal to provide for the reclamation of the lease area at the time resource extraction activities are to be concluded. The process of reclamation should be phased in over time for areas no longer subject to active extraction activities. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JUNE 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -38 Page 2 of 2 Fiscal Notes: ❑ n/a Acct No. 420 515 452 150 05014 6 410 523 452 150 05022 5 410 531 452 150 07015 6 Expenditure Required: $ ❑ n/a Amount Budgeted: ❑ n/a Kodiak Island Borough AGENDA STATEMENT Special Meeting of June 26, 2007 Authorizing the Manager to Execute Contract No. FY2008 -01 for Phase I of the Seismic Upgrades to the Kodiak Middle School. Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This Contract is for work at the Kodiak Middle School shown on the construction documents prepared by Jensen Yorba Lott, Inc. titled "Kodiak Middle School Seismic Upgrade ", dated April 27, 2007, and includes structural, mechanical, electrical, and architectural work. The construction documents, bid documents and associated addendum are available for review on the KIB website. The work will be phased over two (2) years. The Project is funded in part by monies from a FEMA PDM -c Grant; Bond Projects for Floor Covering Replacement and KHS /KMS Roof Upgrade; and Legislative funds. Additional funding sources are to be identified. Bids received in response to KIB's Invitation to Bid dated April 2007 are: Engineers Estimate % Difference Base Bid Alt Bid 1 Total Phase 1 Phase 2 Brechan Enterprises $2,340,000 $3,175,000 $5,515,000 F & W Construction $2,469,667 $3,011,917 $5,481,584 $3,465,000 58% Over Item No. 3.B Contract No. FY2007 -50 The E/F Department has reviewed the bids and, as both bids received are substantially higher than the engineers estimate, recommends that a Contract for Seismic Upgrades at the Kodiak Middle School be awarded to Brechan Enterprises, Inc. in an amount not to exceed $2,340,000 for Phase 1 work only. Phase 2 is to be re -bid at a later date. Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -50 with Brechan Enterprises, Inc of Kodiak in an amount not to exceed $2,340,000. Memorandum To: Rick Gifford, Manager A. CC: Bud Cassidy From: Woody Koning, E!' .' ector Date: 6/20/2007 Re: Revenue sources for KMS Seismic Phase I Contract As indicated in the agenda statement, two bidders submitted total bid amounts within less than 1% of each other providing confidence that the bids reflect the current market conditions for this project. However, the total bid amount exceeded the engineer's estimate by 58 %. Staff recommendation is to award base bid only for work to be completed this season and reevaluate the scope of work and available funding for future work. Recommended funding for this project is as follows: FEMA Seismic Grant (Federal requiring 25% local match) $938,000 FY 2007 AK Legislative Grant (match for FEMA Grant +) .653,000 FY 2007 Capital Project funded by Assembly 390,000 KHS Carpet/Asbestos Removal Bond .....80,000 Floor covering Bond (area -wide) 330,000 KHS /KMS Roof Upgrade Bond 150,000 Capital Projects Interest Earnings .150,000 TOTAL FUNDS AVAILABLE $2,691,000 The total amount includes Base Bid amount plus 15 %. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. FY2007 -50 THIS AGREEMENT, made this 27th day of June, A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Brechan Enterprises, Inc, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all labor and materials required in the Kodiak Middle School Seismic Upgrade Project, Phase 1, located within Kodiak Island Borough, Alaska, according to the Contract Documents therefore and for the amount and prices named herein for the sum of Two Million Three Hundred Forty Thousand ($2,340,000.00) Dollars. The Contractor further covenants and agrees that he and his crew for this Project will attend a pre construction conference to ensure that all work, materials and installation procedures are strictly adhered to. The date of the pre construction conference will be contained in the Notice to Proceed. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulation of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew, to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. The Agreement entered into by the acceptance of the Contractor's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached including the General Specifications. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK29DB\Agreement KMS Seismic.doc Page 1 of 5 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings 7. General Conditions 8. Standard Specifications Incorporated by reference 9. Information for Bidders 10. Advertisement for Bids 11. Bid Form 12. Performance and Payment Bond 13. Notice of Intent to Award 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor in Phase 1 shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before 17 August 2007. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Thousand Dollars ($1000.00) per day for each and every calendar day elapsing between the time stipulated and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may, at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this Agreement. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK29DB\Agreement KMS Seismic.doc Page 2 of 5 IN WITNESS WHEREOF, The Kodiak Island Borough Manager by authority in him vested, has executed this Agreement on behalf of the Kodiak Island Borough, and the said Northwest Carpet Company. LLC have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Woody Koning Director, Engineering/Facilities Attest: By Nova M. Javier, CMC C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK29DB\Agreement KMS Seismic.doc Page 3 of 5 GENERAL SPECIFICATIONS The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Contractor shall not commence work under the Agreement until he has obtained all the insurance required by these General Specifications and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Workers' Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance policies will be furnished to the Owner prior to execution of the Agreement. a) Compensation: The Contractor shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of subcontracted work, the Contractor shall provide workers' compensation insurance for all the subcontractors' employees engaged in such work. b) Contractor's Liability: The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. Subcontractors' Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of his subcontractors in type and amounts as specified in a) and b) above. The Contractor shall furnish certificates issued to the contracting agency showing the type, amount, class of operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and /or Material Changes shall be sent to Director, Engineering/Facilities Department, Kodiak Island Borough." C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK29DB\Agreement KMS Seismic.doc Page 4 of 5 Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK29DB\Agreement KMS Seismic.doc Page 5 of 5 Kodiak Island Borough AGENDA STATEMENT Special Meeting of June 26, 2007 The following 16 applications were received: 1. Barry Altenhoff 2. Mary Forbes 3. Linda Himelbloom 4. Bill Hinkle 5. Erin Starr - Hollow 6. Freya Holm 7. Ed Mahoney 8. Fred L. Nass 9. Joseph B. O'Gorman 1. 2. 3. 4. 5. Advisory Board. Item No.3.0 Mayoral Appointments to the Solid Waste Advisory Board (SWAB.) The Assembly adopted Ordinance No. FY 2007 -15 on May 17, 2007 creating a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management. 10. Marion Owen 11. Michael P. Patterson 12. Richard J. Pillans 13. Alan Torres 14. Nick Troxell 15. Paul Vandyke 16. Judi Kidder (application pulled not willing to register to vote in Kodiak.) APPROVAL FOR AGENDA: Recommended motion: Move to confirm the Mayoral appointments of and for the three year terms to expire 2010 and for the two year terms to expire 2009 for a one year term to expire 2008 on the Solid Waste Move to confirm as the Assembly representative on this Board. Section 1: Sections: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -15 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL TO ADD CHAPTER 2.53 SOLID WASTE ADVISORY BOARD 2.53.010 Created — Membership. 2.53.020 Organization. 2.53.030 Term — Compensation. 2.53.040 Powers and duties. 2.53.050 Administrative assistance. Chapter 2.53 SOLID WASTE ADVISORY BOARD Manager Gifford Assembly Engineering and Facilities 05/03/2007 05/17/2007 05/17/2007 WHEREAS, the Assembly would like to create a Solid Waste Advisory Board (SWAB) for the Kodiak Island Borough to assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management; and WHEREAS, SWAB will provide a forum for input and recommendations to the assembly on solid waste policy and program direction; and WHEREAS, SWAB will work to develop consensus on how to implement proposed solutions and the focus of the group is broad policy issues rather than technical details; and WHEREAS, staff recommends that the assembly adopt this ordinance creating the Solid Waste Advisory Board, as a permanent Kodiak Island Borough advisory board; and WHEREAS, pursuant to section 2.39 of the Kodiak Island Borough Code the Assembly is authorized to create advisory boards. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Subject to section 2.39.180 on the Kodiak Island Borough Code, 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 2 of the Kodiak Island Borough Code of Ordinances is amended by adding Chapter 2.53 Solid Waste Advisory Board as follows: 2.53.010 Created — Membership. There is created a Solid Waste Advisory Board that shall consist of five (5) borough residents who represent a cross section of the social and economic structure of the community. All members are appointed in accordance with section 2.39.030 and shall meet the qualifications of section 2.39.040 of this title. There will be two non - voting ex officio members, one (1) of which shall be an assembly member appointed by the mayor and one (1) shall be a KIB staff member appointed by the manager. Each ex officio member may participate in all discussions. Kodiak Island Borough, Alaska Ordinance No. FY2007 -15 Paae 1 of 2 2.53.020 Organization. The board shall designate its chair and vice -chair at the first meeting of the calendar year and shall hold at least one (1) meeting annually. 2.53.030 Term — Compensation. A. The members shall serve for three (3) years; however, of the members first appointed, two (2) shall be appointed for three (3) years, two (2) for two (2) years, and one (1) for one (1) year. Appointments to fill vacancies shall be for the unexpired term only. B. Members of the board shall serve without compensation. 2.53.040 Powers and duties. The board shall assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management and to provide a forum for input and recommendations to the assembly on solid waste policy and program directions. The board will also work to develop consensus on how to implement proposed solutions. The focus of the board is broad policy issues rather than technical details. The board shall: A. Serve in an advisory capacity to the mayor and assembly on matters affecting solid waste handling in the KIB and establishing a solid waste management plan which meets the needs, desires and goals of the community. For the purposes of this Chapter, "solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof. B. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding solid waste in the community. C. Provide a forum for decision making in development of specific projects to meet local solid waste management needs. D. Identify goals, policies and procedures that will aid Kodiak in addressing solid waste reduction and recycling including local source reduction. E. Sponsor public outreach activities, services and programs and participate in and encourage regional cooperative activities. F. Make recommendations about the necessity for and structure of a permanent recycling and waste reduction committee. 2.53.050 Administrative assistance. The manager or designee, shall: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the mayor deems reasonably required; C. Refer to the board, for their discussion, all non - emergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and D. Transmit all recommendations and other communications from the board to the assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF MAY 2007 ATTEST: Nova M. Javier, _C -- Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH J me M. Selby,- Befough Ordinance No. FY2007 -15 Pano 7 of 9 BOARD APPLICATION A I rac r HOME PHONE: q- &7-7 WORK : E -MAIL: STREET ADDRESS: 1 A)dd Pt/ lkJ - 730y 1 577 NAME: MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: 1 ( 7 i,/, ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: r (2/ Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Ro Kodiak, Alaska 9 Phone (907) 486 -9310 Fax EMAIL: njavier @kib.co.k IN ALASKA: le YES YES ff lyi ECUVEn 486 -9391 . - 4 200 BOROUGH CLERK'S OFFICE. NO ( ) NO ( ) PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: //,, IN (v\ ► - )1,A / 7 e %cl _I I l I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. j 1!� A, 6 / q 117 to ii`�7 2. 3. 4. Date / 4 it 7 A resume or letter of interest may be aached, but is not required. This application will be kept on file for one year. Please return the application by the a ertised deadline. Voter ID No Verified By: Applicant's Residence; Bo Date Appointed: Term Expires on: - Comments: - STAFF USE ONLY - Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: BOARD APPLICATION NAME: A1 („ F ps HOME PHONE: LA l WORK : -- j L-3 E -MAIL: Y✓t b(S6j14 (le STREET ADDRESS: ( frl/ (/ MAILING ADDRESS: ,./YI C , LENGTH OF RESIDENCE IN KODIAK: 1 y rl IN ALASKA: /Li cp NO() NO() ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: 1141 ( M erfvbe., --- GA*t 1 ‹, K,t ins hc(a' f- ,tAiirY) . Fea,- Q/10( IA, 4,(if /114#(44_601 �I��� n t . see - / f 7l % 1 < P TO PROFESSIONAL ACTI 3. Signature Kodiak Island Bor Office of the Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907 EMAIL: njavier @kib.co.kodi ITIES: lIe 2. 4. YES N YES 0() L -f t v ;' `'YV. f -i* / r rc le. (t') /l JUN 1 1 2007 48 -9391 ITHGH CLERK'S OFFICE 0 ' AREA OF EXPERTISE AND /OR EDUCATION: 3,1- in 73,01D9 A.-se( r,i V y TD .i:i q74‘b c s / —v -- �► vet 61tj1.ft 51 SI1C, Ct>PSe ✓�- 9;1 s k. I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. 5 t.(, ho q ate A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please retum the application by the advertised deadline. Voter ID No Verified By: NI V Applicants Residence; Borough ( ) City(•) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY - Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: 1 June 11, 2007 Dear Mayor Selby, I am very interested in serving on the new Solid Waste Advisory Board. I moved here from Ithaca, New York fourteen years ago. While living in Ithaca, a household of five adults had one small can of garbage every two weeks because of a thorough, mandatory community recycling program. When I first moved to Kodiak, I was dismayed at the lack of recycling options. I have been very pleased with Threshold's increased recycling efforts over the past few years. My family, through weekly trips to the recycling center, has significantly decreased the amount of garbage we generate. We have gone from eight full cans of garbage a month to three or four. Many of my friends have done the same. However, I fear we are in the minority. On a daily basis, all over town, I see easily recyclable material in the garbage. I would like to work towards increasing awareness of recycling efforts and an incentive based program to encourage all Kodiak citizens and families to recycle. Thank you for your consideration. Sincerely, Mary Forbes 3 (T (3 i LL). -(i . \,( ( si , ( S , f Nova Javier From: Support ©civicplus.com Sent: Thursday, June 14, 2007 6:02 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for:* Name:* Maiden Name: Sex:* Home Address :* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Are you currently serving on other Boards, Commissions, or Committees ?* If yes, which: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/14/2007 Solid Waste Advisory Board Linda Himelbloom Stanton C` Male P.O. Box 1866 907 - 486 -0822 same same (: Yes Please List Areas of Special Interest r N 1 c 2007 RORO<<GH CLERK'S OFFICE f: Female part -time tutor, adjunct faculty Kodiak College caribouherd ©hotmail.com Residency Information 1 13 years ( Yes r No Education and Hobbies 'Jamaica High School 1SUNY Binghamton, University of Wisonsin - -Mi 'hiking, gardening and ice skating Organization Membership Information C` Yes r No ( No Kodiak State Parks Board Friends of Kodiak State Parks Board Member KMXT, Citizen's Advisory Board Audubon, Programs Recycling, Education I am a Kodiak resident interested in the landfill facility. B.S. and M.S. Geological Sciences * indicates required fields. Additional Information: Form submitted on: 6/14/2007 6:01:45 AM Submitted from IP Address: 65.74.81.28 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 6/14/2007 Please Enter Basic Resume Information Below NAME: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay R Kodiak, Alaska 9 Phone (907) 486 -9310 Fax EMAIL: njavier @kib.co. BOARD APPLICATION HOME PHONE: Ga' 3a12- WORK : & 7 751 E -MAIL: EH )) KODIAIK , CON? STREET ADDRESS: 23 ►V s5tON RI MAILING ADDRESS: \3eX Z-\ 7 7 LENGTH OF RESIDENCE IN KODIAK: 3 5 } 2 s rZ.5 IN ALASKA: Y '514 - k. ARE YOU A REGISTERED VOTER IN KODIAK? YES QQ NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (Xi NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: Signature Date V E JUN BOROUGH CLERK'S OFFICE I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. S p .11) (AD A5Te Mks K Fa 2. 3. 4. A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the d0ertised deadline. - STAFF USE ONLY - Voter ID No Verified By: Applicants Residence; BbroOg City ( ) Date Appointed: Term Expires on: Comments: Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: Jessica Basuel From: Support@civicplus.com Sent: Thursday, June 07, 2007 6:11 PM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation: * Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/8/2007 Solid Waste Advisory Board Starr Male r3245 Woody Way Loop 1486 4620 Erin Starr - Hollow !mama and student radiostarr1@hotmail.com Residency Information 20 years, give or take C) Yes Education and Hobbies diploma, 1996 freshman working towards AA Yes Please List Areas of Special Interest ECIE WEB JUN - 8 2007 '! BOROUGH CLERK'S OFFICE 0 Female 4 No gardening, my daughters, reading when possit Ici 1�; Organization Membership Information (� ���� fA mml 1 Are you currently serving on other Boards, d Yes 4 No y _I Commissions, or Committees ?* If yes, which: j Q No Page 1 of 2 * in 6/8/2007 In general, I am interested in environmental issues. In my school assignments this year, I found myself focusing on these issues with projects such as: a research paper on compost, a presentation on pollution as a social problem, and a final project that required us to make up a non - profit and write a faux grant to Please Enter Basic Resume Information Below Summers 1995, 1996, tendering deckhand on F/V Taasinge Winter 1996- Winter 1998, Barista at Mochanut's (Anchorage) *birth of first child 1998* Summer 2000 -Summer 2005, server at Henry's Summer 2003 - Winter 2004, bartender at the Rendezvous Falls of 2002, 2003- longlining deckhand on F/V Defiant Fall 2004 - Winter 04/05- substitute teacher, KIBSD 'cafes required fields. Additional Information: Form submitted on: 6/7/2007 6:10:56 PM Submitted from IP Address: 209.193.2.68 Form Address: htp://www.kodiakak.us/forms.aWFID=72 Please list areas of interest Continuation: write it. My partner and I designed a sustainable living project that built community gardens and created community composting funding and systems. Our project recieved the highest grade, and our teacher encouraged us to find a way to implement some of our suggestions. Then the newspaper article came out, and here I am (with her prodding). Please Enter Basic Resume Information below Continuation: (Six month travel hiatus in fall of 2002- spring of 2003) *birth of second child 2005* So now, I am a full time student and mother. Voter Id No. Verified By Applicant's residence Borug Date Appointed: Term Expires on: Comments: City ( Page 2 of 2 Jessica Basuel From: Support©civicplus.com Sent: Friday, June 08, 2007 11:15 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Select the Board, Commission, for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: gardening, piano, hiking Organization Membership Information Are you currently serving on other Boards, Commissions, or Committees ?* If yes, which: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/8/2007 Personal Information or Committee applying Solid Waste Advisory Board Freya Holm O Male 215 Upper Mill Bay Road 942 -1424 312 West Marine Way, Kodiak, AK 486 -4449 Environmental Assistant Ifreya.holm ©gmail.com Residency Information I was born in Kodiak, and spent some time livirel in \) 0 Yes O No Education and Hobbies Kodiak High School The Evergreen State College, Olympia, Washigl O Yes 0 Yes Female O No d No Kodiak Garden Club, vice - president St. James Episcopal Church Bell Choir, conductor ECF JUN - S 2007 BOROUGH CLERK'S OFFICE Thurston -Santo Tomas Sister C Please List Areas of Special Interest gilth 1 cov.okii aim( X9 , 0, rw a() 4.0 i eciy okfl m-6... O t9 r". P l. G vtl ctsk Yage 1 of 2 6/8/2007 recycling & waste management; native plant studies; secondary & post- secondary education; sustainable agriculture & composting Please Enter Basic Resume Information Below Additional Information: Form submitted on: 6/8/2007 11:14:29 AM Submitted from IP Address: 65.74.84.20 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 Voter Id No. Verified By Applicant's residence : •ro • 4' 1 City rr Date Appointed: Term Expires on: Comments: Sun'aq Tribe of Kodiak, Independent Environmental Contractor & •Environmental Assistant, 2006 -2007 Mat -Su Activity & Respite Center, Behavior Therapist, 2006 -2007 Kodiak College, English /ESL /GED Tutor /Teacher, 2005, 2006 -2007 Vki early •sC6nK4 ri►awl G ,, \ f(o f e (thole 6- nwuytd Qctlifea i indicates required fields. 0 - rAt (WTI / 005- - t0v c Page 2 of 2 Jessica Basuel From: Sent: To: Support@civicplus.com Thursday, June 07, 2007 8:02 AM Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/7/2007 O Male PO Box 2281 [486.1968 539.1234 486.5759 Contractor builders @ptialaska.net Residency Information 25 + yrs U Yes Education and Hobbies Yes Organization Membership Information Are you currently serving on other Boards, Commissions, or Committees ?* If yes, which: Solid Waste Advisory Board [Yes Little Yes CI Yes Service District #1 Chair a Yes 4 Female 0 No O No Q No I am chair of Threshold Services, Inc. Our primary service to the community is to recycle and ship off island those materials. I am also the chair of Service Please List Areas of Special Interest �; skI I a I, I Page 1 of 2 * indicates required fields. Additional Information: Form submitted on: 6/7/2007 8:01:32 AM Submitted from IP Address: 66.230.125.57 Form Address: http:// www.kodiakak.us /forms.as ?FID =72 6/7/2007 I have been recycling and managing construction waste for many years. Please Enter Basic Resume Information Below I am also involved in the building industry and recycle most all our waste generated at the job site. I serve as Chair person on Theshold Services, Inc which works to gather and ship off island recycleables. There are many facets to our service and we are constantly working to improve our service to the community. I feel that I would be an asset to this board. Voter Id No. Verified By % "( Applicant's residence Borou Fj City ( ) Date Appointed:_ Term Expires on Com m ents: Page 2 Howuv|— ? Assembly Meetings Comprehensive Plans Contact Us E-Services Real Property Search GIS Website Borough Records Road Maintenance aidmmpPo !Search - Kodiak Island Borough Schoo District - Kodiak Chamber of Commerce - City of Kodiak - State of Alaska -Lonis|anvonvnvrt �� � � �� ,Uw You are here: Forms Board Application Form Please complete the onhine form below. Personal Information Select the Board. Commission, o, Committee app|yin0 for:* Name:* Maiden Name: Sex: Home Address:` Horne Phone Number," Business Address:" Business Phone mumuer:` Occupation:* Email Address: Length o/ Residency mKodiak:` Are you a registerod voter: High School: College: Trade or Business School: Hobbies: fred__oass@ hotmail.com Residency Information ' - 31 years 9 months (X Yes /~ No Education and Hobbies / | high School Organization Membership Information Are you currently servng on other Boards, Commissions, or Committees?* If yes, which: Have you served on a E3oaid, Commission. or Committee before?* If yes, which: Please list opganiza ion memberships and positions Home | News \Celen Us Site Map SeleoOnm Waste Task Force OC Male 1425 Yanovsky Street 007-485-3002 1425 Yannvsk Street 907-486-3001 Repairman � Yes (- Yes ` ' i I 1 JUN - 7 7O0 � . JUN 7 �"= / 7 BOROUGH __-. ~^^.`" OFFICE ."� C Female a No No held: indicates required fields. Voter Id No. Verified By. / !% (,' "mil Applicant's residence Borouq i( Date Appointed: Term Expires on: Comments: Please list Areas of Special Interest Please Enter Basic Resume Information Below Submit I Submit and Print I Reset ! Cancel I Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615 Copyright Notices { Powered by CivicPlus Home { News { Calendar { Contact Jessica Basuel From: Support ©civicplus.com Sent: Sunday, May 27, 2007 6:44 PM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for: * Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 5/29/2007 l o_gormanbrian@hotmail.com Residency Information 8 Q Male Q Yes Education and Hobbies Solid Waste Advisory Board Joseph B. O'Gorman music Organization Membership Information Are you currently serving on other Boards, Q Yes Commissions, or Committees ?* If yes, which: Please List Areas of Special Interest 1618 17th Avenue 1(907) 486 -6949 1 301 Research Court (907) 481 -1716 Information Technology Specialist MAY2 P POt_j(» CLERK'S OFFICE Female 4 Yes 0 No Weston HS, Weston, MA U of Massachusetts, Amherst, MA U No 0 No V S P1 2007 Page 1 of 2 indicates required fields. 5/29/2007 Please Enter Basic Resume Information Below Additional Information: Form submitted on: 5/27/2007 6:44:24 PM Submitted from IP Address: 65.74.94.15 Form Address: http:// www .kodiakak.us /forms.asp ?FID =72 Voter Id No. Verified By /_„y��_� Applicant's residence Boro City Date Appointed: Term Expires on: Comments: Page 2 of 2 03/26/1994 19:10 907486268 - C NAME: HOME PHONE: 'k (o -50/1WORK : STREET ADDRESS: MAILING ADDRESS: Pa ioK tt,co{ COMMUNITY ACTIVITIES: bo Island Borough of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us BOARD APPLICATION LENGTH OF RESIDENCE IN KODIAK: - i rc ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? IN ALASKA: Gov —12 YES (` YES (" NO ( ) NO ( ) E -MAIL: _ Iky i7rLY rxict ica PROFESSIONAL ACTIVITIES: i- 1 (4, k 1 �( W c c t � PAGE 01 AREA OF EXPERTISE AND/OR EDUCATION: &,2Ao (� t1(11r 1 V 'b�S 1 AM INTERESTED IN SERVING ON THE FO LOWING BOARD(S) (List in order of preference) 1. a �� CJ� C. SI T C' 1 \•n.. , • t• W c,s cOa r a C- llA: ck fit) t o v ?. `1\ rr- ignat Date A resume or letter of interest may be Attached, but is not required, This application will be kept on file for one year. Please return the a • Letter': •lication b the ertised deadline. STAFF USE ONLY - ... -.. % . iWOGnt r: Voter ID No Verrthd ey:\ DocumentetIOn: Appoi . - r calt'e Reeldenca• WOUDh I) City ) Roster. Dale oatr d omce: TB Tety Ap Prr Ton ��� on; F Utenci]I Disclosure. COmmonts 00 Nova Javier Fromm: Support@civicplus.com Sent: Fhdny, May 25, 2007 9:51 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for:* Maiden Name: 8*x:~ Home Address:* Home Phone Number:* Business Address:* Business Phone N um b er: * Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School; Hobbies: Have you served on a Board, Commission, or Committee before?* If yes. which: Please list organization memberships and positions held: 5/25/2007 SoId Waste Advisory Board Michael P. Patterson a Male r Female Mile 35 Chiniak Highway 486-0458 3248 Mill Bay Road 486-2841 Environmental & Natural Resource Director mike@woodyisland.com Residency Information 13 years � Yes Education and Hobbies I McGiU'Ton|enHS !University of Alaska Yes C Ves Please List Areas of Special Interest CNo University of Sout Mississ 'Hiking, Organization Membership Information Are you currently serving on other Boards, Commissions, orConom|beem?^ If yes, which: /� No a No Supporting and enabling an environmentally healthy community Please Enter Basic Resume Information Below Experience in Assigned Area of Responsibility Mr. Patterson, CSP, OHST has over 30 years of health, safety and environmental (HSE) general industry (manufacturing, production, petroleum and chemical), construction and Department of Defense experience. He has extensive experience in HSE program review, HSE program development, and implementation of written policies that ensure the promotion of healthy, safe, and environmentally * indicates required fields. Additional Information: Form submitted on: 5/25/2007 9:50:32 AM Submitted from IP Address: 65.74.84.150 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 5/25/2007 sound business practices. Selected Relevant Experience • Coordination and conducting of employee training in safety, health and environmental topics • Performed atmospheric monitoring of work locations for organic and inorganic contaminants • Developed programs and training in all aspects of OSHA required topics, including respiratory protection, hearing conservation, confined space entry procedures, hazardous communication requirements, blood borne pathogen safety, and environmental protection and EPA waste handling requirements Developed emergency contingency plans for specific work locations Performed process, risk/job and task hazards analysis Lead investigator on major incident/accident investigations Over 18 years of experience with Federal, State and local communities in Alaska Expert on Occupational Safety and Health Administration Construction and General Industry Codes, National Fire Protection Association Codes, U.S. Army Corps of Engineer Regulations, National Electric Codes, and Department of Transportation Hazardous Materials Shipping Regulations, Environmental Protection Agency. • Experienced in working with local and bush communities in developing pertinent job - related HSE programs • Successful grant applicant and grant administrator with U.S. Environmental Protection Agency federally funded grant programs Jessica Basuel From: Sent: To: Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Personal Information Select the Board, Commission, or Committee applying for: * Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 5/31/2007 Support @civicplus.com Thursday, May 31, 2007 9:27 AM Nova Javier; Marylynn McFarland; Jessica Basuel Solid Waste Advisory Board Richard J Pillans 0 Male 1322 Lilly Drive 1907- 486 -2849 Please List Areas of Special Interest 1323 Carolyn St. Suite # 101 907- 486 -6554 Recycle Plant Manager X26 years 0 Yes Education and Hobbies rick.threshold@gci.net Residency Information Phoenix JCB High, Phoenix New York 1U of Alaska Kodiak College !U.S. Army Fort Knox Kentucky Family activities, Organization Membership Information Are you currently serving on other Boards, Commissions, or Committees ?* If yes, which: Q Yes Yes Past President KISA E C�C� MAY 3 2007 BOROUGH CLERK'S OFFICE 0 Female No ® No d No page 1 o1 2 assisting persons with disabilities, recycling, composting, expanding community education about recycling, and solid waste disposal options to better kodiaks future. Additional Information: Form submitted on: 5/31/2007 9:27:26 AM Submitted from IP Address: 65.74.85.9 Form Address: http:// www .kodiakak.us /forms.asp ?FID =72 * indicates required fields. 5/31/2007 Rick Pillans Please Enter Basic Resume Information Below Voter Id No. Verified By: Applicant's residence Boron tit ( Date Appointed: Term Expires on: Com m ents: Page 2 of 2 t Ova Javier From: Support@civicplus.com Sent: Friday, May 11, 2007 8:11 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Select the Board, Commission, or Committee applying I Solid Waste Advisory Board for: * Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation :* Email Address: Length of Residency in Kodiak :* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Organization Are you currently serving on other Boards, Commissions, or Committees ?" If yes, which: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 5/11/2007 Personal Information !Alan Torres i Male 12746 E. Rezanof Dr. 1486 -0217 1203 Monashka Bay Rd. 14869345 'Landfill Supervisor j rjtorres @gci.net Residency Information [177;77 l: Yes Education and Hobbies 'Forks WA 'Hunting, Fishing Membership Information r Yes r Yes Please List Areas of Special Interest r Female r No No �' No Solid Waste Association of North America (SWANA) Certified Landfill Manager Li MAY 1 1 2007 BOROUGH CLERK'S OFFICE 5/11/2007 Please Enter Basic Resume Information Below I have been in the solid waste business for six years with the last four years as a Certified Landfill Manager. indicates required fields. Additional Information: Form submitted on: 5/11/2007 8:11:11 AM Submitted from IP Address: 209.165.152.124 Form Address: http://wvvw.kodiakak.us/forms.asp?FID=72 Voter Id No. Verified By: Applicant's residence Bor Date Appointed: Term Expires on: Comments: BOA' 1 APPLICATION NAME: HOME PHONE:487 - Zt 33 WORK :W7 E -MAIL: STREET ADDRESS: / MAILING ADDRESS: I a3) 7 At), ,4 C /L LENGTH OF RESIDENCE IN KODIAK: 3C0 4 IN ALASKA: 3(0 ARE YOU A REGISTERED VOTER IN KODIAK? YES p< NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES NO ( ) COMMUNITY ACTIVITIES: J PROFESSIONAL ACTIVITIES: CL 22/ �& 91ZP,PCIL Z-PrriOr AREA OF EXPERTISE AND /OR EDUCATION: 3. 4. 7(/ Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co. :Lak. E II WE X0 '7 " 07 Date UGH CLERK'S OFFICE JAI - 1 . Li I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in orde o f preference) 1. d J 2. A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified By: Applicants Residence; Borpigh Date Appointed: Term Expires on: Comments: City ( ) - STAFF USE ONLY - Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: Jessica Basuel From: Support ©civicplus.com Sent: Wednesday, June 06, 2007 12:02 PM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Select the Board, Commission, for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Have you served on a Board, Commission, or Committee before ?* If yes, which: Please list organization memberships and positions held: 6/6/2007 Personal Information or Committee applying !Solid Waste Advisory Board !Paul VanDyke Q Male 12678 Lakeview Drive 1(907) 486 -3693 1710 Mill Bay Road (907) 486 -9336 I Network Administrator i paul@vandyke.sytes.net Residency Information 27 years Yes Education and Hobbies 'Kodiak High School I LeTourneau University Kodiak College !Technical Interests, Outdoors Organization Membership Information Are you currently serving on other Boards, Q Yes Commissions, or Committees ?* If yes, which: 0 Yes Please List Areas of Special Interest 'Lilly Lake Homeowners Assn, President Kodiak Gaming Community, President •Kodiak Assembly of God, Deacon JUN - 6 2007 ;.., BOROUGH CLERK'S OFFICE • Female O No • No Q No Page 1 of 2 indicates required fields. Please Enter Basic Resume Information Below Additional Information: Form submitted on: 6/6/2007 12:01:46 PM Submitted from IP Address: 209.165.152.121 Form Address: http:// www .kodiakak.us /forms.asp ?FID =72 6/6/2007 Voter Id No. Verified By , r -- t/� Applicant's residence Boro City ( ) Date Appointed: Term Expires on: Com m ents: rage 2 of 2 Nova Javier From: Support@civicplus.com Sent: Tuesday, June 05, 2007 11:20 AM To: Nova Javier; Marylynn McFarland; Jessica Basuel Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Select the Board, Commission, or Committee applying for:* Name:* Maiden Name: Sex:* Home Address:* Home Phone Number:* Business Address:* Business Phone Number:* Occupation:* Email Address: Length of Residency in Kodiak:* Are you a registered voter:* High School: College: Trade or Business School: Hobbies: Are you currently serving on other Boards, Commissions, or Committees?* if yes, which: Have you served on a Board, Commission, or Committee before?* If yes, which: Please list organization memberships and positions held: 6/12/2007 Personal Information I Solid Board | Advisory �u !Judi Male 6 Female 11989 Middle Bay Drive, Kodiak 99615 907-487-2421 11989 Middle Bay Drive, Kodiak 99615 907-487-2421 Embroider/Seamstress xxena@gci.net Residency Information 1 3 years � Yes Educaton and Hobbies (No Gardening, Volunteering, , Writing Organization Membership Information a Yes � No d iakUonaC|ubBmavdK8ember r No !Volunteer onizoUonn Southwest Miners & Prospectors Assn. - Ways a Means Committee chair. Auckland Ice Hockey Assn. - Treasurer Kodiak Lions Club - King Salmon Tournament Chair Please List Areas of Special Interest ` ? kvn � �� tSolutions to the solid waste problems that are unique to island living. Environmental accountability. indicates required fields. Please Enter Basic Resume Information Below I come from New Zealand and was still there when the zero waste strategy was implemented. I have seen first hand what it took to make it a viable working solution and also have seen the reasons for why it initially failed. I have access to resource information and materials for educating the public and changing the mindset about reduce, reduce and recycling to make it almost a closed loop system that reduces overall operating costs and in Additional Information: Form submitted on: 6/5/2007 11:19:44 AM Submitted from IP Address: 66.230.124.192 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 6/12/2007