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2006-10-19 Regular MeetingOctober 19, 2006 — 7:30 p.m. 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 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr, Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Knriiak Island Rnrnunh Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter Assembly Chambers 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC Update — Pat Ladner (By Telephone) PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Ordinance No. 2007 -01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenda 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS — None B RESOLUTIONS �(\ 1. Resolution No. FY2007 -09 Authorizing the Approval of Lease with the City of Kodiak. �( ..A 2. Resolution No. FY2007 -10 Ratifying and Certifying the Results of the Municipal Election �( \ Held October 3, 2006. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -01 E Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Port Lions Community Work Shop, Larsen Bay Equipment, Ouzinkie Dock Replacement, and Area Wide Schools Equipment and Supplies. 2. Ordinance No. FY2007- 01A(A) Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinke School Foundation Project. 3. Ordinance No. FY2007 -01 C(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retrofit of the Kodiak High School Library Wing Project. D. OTHER ITEMS 1. Appointment to Parks and Recreation Committee. 2. Oath of Office to Newly- Elected Assembly Members. 3. Presentation to Outgoing Assembly Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1 -800- 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough Gravel Task Force Committee Regular Meeting of July 17, 2006. 2. Kodiak Island Borough School District Board of Education Regular Meetings of July 31 and August 28; and Special Meetings of August 14 and September 11. 3. Parks and Recreation Committee Regular Meeting of July 25, 2006. 4. Planning and Zoning Commission Meeting of July 19 and August 16, 2006. 5. Service Area No. 1 Board Regular Meeting of July 25, 2006. B. REPORTS 1. Kodiak Island Borough September 2006 Financial Report. 2. Kodiak Island Borough School district Board of Education Regular Meeting of September 25, 2006. Kodiak Island Borouoh Assembly Agenda rn co cr 0 0 O .,o o w 5 roo CD c.) (D P E 0 0 co co co N CD CD n m rn so, Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson Mr. Abell o 0 X C c N. z TOTAL an case of a tiel Ms. Williams I Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson 0 0 . G Ms. Williams Mr. Stephens I Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson TOTAL Ms. Williams I Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson J w b1 ° TOTAL Ms. Williams Mr. Stenhens Mr. Ranney -- Mr. Oswalt Ms. Jeffrey 41k Ms. Branson Mr Aha11 s V I < 1I! O 1 11 rn co cr 0 0 O .,o o w 5 roo CD c.) (D P E 0 0 co co co N CD CD n m rn so, up C S 0 " o 2. w n C C o a N . Ms. Williams Mr. Stephens Mr. Ranney I I Mr. Oswalt'1 Ms. Jeffrey I Ms. Branson An.- Aka c of n .. o .. --z) - Q s TOTAL (In race of a tie) Ms. Williams Mr. Stephens 1. Mr. Oswalt Ms. Jeffrey Ms. Branson as .. ,. c 0 0 a G -o O Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson I TOTAL Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson tiff ✓ I✓ TOTAL Ms. Williams Mr. Stenhens Mr. Rannev - 1 Mr. Oswalt Ms. Jeffrey Ms. Branson t I, 1/ d i 111 up C S 0 " o 2. w n C C o a N r. CD L C Ft) O 7 CD < _ 0 a 0 CD CD a 0 0 G Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey , Ms. Branson fr ‘ 1CD 0 0 O R- 7C) L ID Z Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson 1V11. H0C11 t up O 0 to Q = -J I' C TOTAL Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson rvir. noen TOTAL Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Ms. Jeffrey Ms. Branson TOTAL Ms. Williams Mr. Stephens Mr. Rannev Mr. Oswalt Ms. Jeffrey Ms. Branson .e z r. CD L C Ft) O 7 CD < _ 0 a 0 CD CD a 0 0 G KODIAK ISLAND BOROUGH ASSEMBLY MEETING 9 9/de Regular Meeting of: Please print your name Please print your name October 19, 2006 1. INVOCATION Regular Meeting Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assembly member Abell and other Assembly members may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda as- submitted -- VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATION A. Longevity Awards — Manager Gifford B. Employee of the Quarter Award — Manager Gifford 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Assembly Chambers Kodiak Island Borough Assembly Guidelines October 19, 2006 Page 1 8. COMMITTEE REPORTS A. AADC Update — Pat Ladner, President and CEO of AADC 9. PUBLIC HEARING — Limited to five minutes per speaker. A. Ordinance No. 2007 -010 Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. Recommended motion: Move to adopt Ordinance No. FY2007 -01 D. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 - 478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. Recommended motion: Move to adopt Ordinance No. FY2007 -10. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 -478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT — Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR — Mayor Selby Kodiak Island Borough Assembly Guidelines October 19, 2006 Page 2 12. UNFINISHED BUSINESS —None. 13. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS 1. Resolution No. FY2007 -09 Authorizing the Approval of Lease with the City of Kodiak. Recommended motion: Move to adopt Resolution No. FY2007 -09. Staff Report — Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Resolution No. FY2007 -10 Ratifying and Certifying the Results of the Municipal Election Held October 3, 2006. Recommended motion: Move to adopt Resolution No. FY2007 -10. Staff Report— Clerk Javier Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -01E Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Port Lions Community Work Shop, Larsen Bay Equipment, Ouzinkie Dock Replacement, and Area Wide Schools Equipment and Supplies. Recommended motion: Move to adopt Ordinance No. FY2007 -01E to advance to public hearing on November 2, 2006. Staff Report - Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 19, 2006 Page 3 2. Ordinance No. FY2007 -01A (A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinke School Foundation Project. Recommended motion: Move to adopt Ordinance No. FY2007 -01A (A) to advance to public hearing on November 2, 2006. Staff Report - Manager Gifford Assembly discussion. Amendments maybe offered at this time. ROLL CALL VOTE ON MOTION 3. Ordinance No. FY2007- 01C(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retrofit of the Kodiak High School Library Wing Project. Recommended motion: Move to adopt Ordinance No. FY2007 -01 C(A) to advance to public hearing on November 2, 2006. Staff Report - Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Appointment to Parks and Recreation Committee. Recommended motion: Move to confirm the mayoral appointment of Cassandra Juenger to a seat on the Parks and Recreation Committee for a term to expire December 31, 2008. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Oath of Office to Newly- Elected Assembly Members. The Borough Clerk will administer the Oath of Office to Newly - Elected Assembly members Chris Lynch and Jerrol Friend. 3. Presentation to Outgoing Assembly Members. Mayor Selby will present the plaques to out -going Assembly members Cecil Ranney and Mel Stephens. Kodiak Island Borough Assembly Guidelines October 19, 2006 Page 4 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLY MEMBER COMMENTS ANNOUNCEMENTS — Mayor Selby The Kodiak Island Borough is going to hold a free training on Saturday, October 28, 2006 at the Kodiak Island Borough Assembly Chambers starting at 9 a.m. Linda Murphy of Clerkworks in Soldotna will be conducting a presentation regarding Open Meetings in Alaska and Parliamentary Procedures. We extend this invitation to all board members, committee members, commissioners, and Borough staff. The schedule for the training session is: 9 a.m. to Noon Open Meetings Act Noon to 1 p.m. Lunch will be provided 1 p.m. to 3 p.m. Parliamentary Procedures Please R.S.V.P. by calling the Clerk's office at 486 -9310. The Assembly will meet in a work session on Thursday, October 26 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, November 2, 2006, 2006 at 7:30 p.m. in the Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 19, 2006 Page 5 October 19, 2006 — 7:30 p.m. 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 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter Regular Meeting Assembly Chambers 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Ordinance No. 2007 -01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. B. Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC Update — Pat Ladner (By Telephone) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR DRAFT Kodiak Island Borough Assembly Agenda 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS — None B. RESOLUTIONS 1. Resolution No. FY2007 -09 Authorizing the Approval of Lease with the City of Kodiak. 2. Resolution No. FY2007 -10 Ratifying and Certifying the Results of the Municipal Election Held October 3, 2006. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -01E Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Port Lions Community Work Shop, Larsen Bay Equipment, Ouzinkie Dock Replacement, and Area Wide Schools Equipment and Supplies. 2. Ordinance No. FY2007- 01A(A) Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinke School Foundation Project. 3. Ordinance No. FY2007- 01C(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retrofit of the Kodiak High School Library Wing Project. D. OTHER ITEMS 1. Appointment to Parks and Recreation Committee. 2. Oath of Office to Newly- Elected Assembly Members. 3. Presentation to Outgoing Assembly Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS'COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Knrliak Island Rnrniinh MINUTES OF OTHER MEETINGS 1. 2. Kodiak Island Borough Gravel Task Force Committee Regular Meeting of July 17, 2006. Kodiak Island Borough School District Board of Education Regular Meetings of July 31 and August 28; and Special Meetings of August 14 and September 11. 3. Parks and Recreation Committee Regular Meeting of July 25, 2006. 4. Planning and Zoning Commission Meeting of July 19 and August 16, 2006. 5. Service Area No. 1 Board Regular Meeting of July 25, 2006. B. REPORTS 1. Kodiak Island Borough September 2006 Financial Report. 2. Kodiak Island Borough School district Board of Education Regular Meeting of September 25, 2006. Accemh6, A„onrlo Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Recommended motion: Move to adopt Ordinance No. FY2007-01D. Item No. 9.A Ordinance No. FY2007-01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. The purpose of this action is to accept legislative grants for fiscal year 2007 from the State of Alaska Department of Commerce, Community and Economic Development for the grants and amounts listed below: FY2007 Designated Legislative Grant #07 -DC -327 — School District Computer & Communications System Upgrades in the amount of $70,000. This project may include, but is not limited to, UPS and Generator Upgrades at the Kodiak Middle School to ensure district wide power and lighting for District's server farm and Technical Service Office. FY2007 Designated Legislative Grant #07-DC-322 — Emergency Communications and Planning in the amount of $30,000. This project may include, but is not limited to, District Wide communication upgrade for emergency preparedness. ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01D Requested by: Borough Manager Drafted by: Finance Officer Introduced: 10/05/2006 Public Hearing: 10/19/2006 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY ACCEPTING AND APPROPRIATING STATE LEGISLATIVE GRANTS FOR THE SCHOOL DISTRICT COMPUTER AND COMMUNICATIONS SYSTEM UPGRADES AND EMERGENCY COMMUNICATIONS AND PLANNING WHEREAS, the Borough submitted the FY2006 Capital Improvement Project list to the State legislature; and WHEREAS, various projects were funded through the Legislative Capital Grant program; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF KODIAK ISLAND BOROUGH: SECTION 1: This ordinance is not of a permanent nature and will not be codified. SECTION 2: The manager is authorized to accept $100,000 from the Alaska Department of Commerce, Community and Economic Development and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance, for the following projects: FY2007 Designated Legislative Grant #07 -DC -327 for School District Computer & Communications System Upgrades in the amount of $70,000. FY2007 Designated Legislative Grant #07-DC-322 for Emergency Communications and Planning in the amount of $30,000. SECTION 3: These funds in the amount of $100,000 are appropriated as follows: $ 100.000 to account # 430 - Capital Grants SECTION 4: This ordinance shall become effective immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Kodiak Island Borouah. Alaska Ordinance No. FY2007 -01D August 30, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -327 School District Computer & Communication System Upgrades Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. cerely,? Robin Park Grants Administrator DEPARTMENT OF COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Bleak, Director SEP 19 2006 ENG /FAC KODIAK ISLANZ SOROUGH �mmurU % : Y v Designated Legislative Grant Program Grant Agreement 6) Ore0f Grant Agreement Number 07 -DC -327 Amount of State Funds $70,000.00 Collocation Code(s) 8179565 Encumbrance Number /AR/Lapse Date / 10495 / 6/30/2011 Project Title School District Computer & Communication System Upgrades Grantee `'Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City/State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City/State /Zip Juneau, AK 99811 -0809 Phone 907 -486 -9343 Fax 907- 486 -9394 Phone 465 -4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $70,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2006 and shall be completed no later than June 30 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F. State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: P"°1 Cost Category Grant Funds Total Project Cost Program Funds $70,000.00 $70,000.00 Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $70,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40 and Line 25] is to provide funding to the Kodiak Island Borough for use towards the School District Computer and Communication System Upgrades. This project may include, but is not limited to, UPS and Generator Upgrades at the Kodiak Middle School to ensure district wide power and lighting for district's server farm and Technical Service Office. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page I of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 COM COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director August 30, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -32 Emergency Communications and Planning Dear Mr. Cassidy: Enclosed are copies and a the above ved its referenced contents, please follow the instructions below: reviewed the agre agreement and app 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my atte 3. Retain one signed grant agreement for your filsntion. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. Sine Robin Park Grants Administrator P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 TextTeelepohone.. (907) 7)a465 -543 ca n....,0 rnhin nark(o�commerce.state.ak.us Website: http: // tT Designated Legislative Grant Program Grant Agreement 1 Grant Agreement Number Amount of State Funds 07 -DC -322 $30,000.00 Collocation Code(s) I Encumbrance Number/AR/Lapse Date Project Title 8179560 10490 / 6/30/2011 Emergency Communications and Planning Grantee Department Contact.Person Name Name Kodiak Island Borough Robin Park Street/PO Box Title 710 Mill Bay Road Grants Administrator City/State /Zip Street/PO Box Kodiak AK 99615 PO Box 110809 Contact Person City/State /Zip Rick Gifford, Borough Manager Juneau, AK 99811 -0809 Phone Fax Phone Fax 907-486-9343 907-486-9394 4654731 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $30,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2006 and shall be completed no later than June 30, 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Printed Name and Title Rick Gifford, Borough Manager Melanie Greer, Grants Administrator III Date Date Reviewed by: _Alk.&\ 2. Project Budget Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $30,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40 and Line 11] is to provide funding to the Kodiak Island Borough for use towards the Emergency Communications and Planning. This project / may include, but is not limited to, district wide communication upgrade for emergency preparedness. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant FinanciallProgress Report form. Cost Category Program Funds Grant Funds $30,000.00 Total Project Cost $30,000.00 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant FinanciaUProgress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -10. Item No. 9.B Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. This ordinance amends KIBC 3.20.080 (D) by limiting the time that a late file application can be filed for the senior citizen and disabled veteran property tax exemptions to two years and allowing the Assessor to waive the late file application during those two years for good cause. The ordinance also provides a process where the applicant can appeal the decision of the Assessor to deny the late file application to the Borough Assembly. AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 20 REAL PROPERTY TAX SECTION 080 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION WHEREAS, Kodiak Island Borough code provides direction and authority for the assessor to waive timely application for exemption within the same year; and WHEREAS, applications for exemption are frequently received for prior years; and WHEREAS, Borough code does not expressly grant authority to waive timely application for prior years; and WHEREAS, administrative policy has been to present such applications to the Borough Assembly for waiver; and WHEREAS, the Borough Assembly recommends amendment to borough code limiting waiver of timely application to the current year and one year prior, and giving assessor authority to grant said waivers; and WHEREAS, the proposed amendment to KIBC 3.20.080 (D) will grant authority to the assessor to waive timely application for the current year and one year prior, and will give applicants the right to appeal assessor's decision to the Borough Assembly for those same years only. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -10 Requested by: Drafted by: Introduced: Public Hearing: Adopted: Borough Assessor Borough Assessor 10/05/2006 10/19/2006 This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 D Real and Personal Property Exempted from Taxation is hereby amended as follows: 3.20.080 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for an exemption provided by AS 29.45.030(e) by January fifteenth of the assessment year for which the exemption is sought, the borough assessor for good cause shown may waive the claimants failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(E). Kodiak Island Borough. Alaska rhdinancn Nn FY211117 - 10 Good cause shall include but not necessarily be limited to: 1. mistake; 2. inadvertence; or 3. excusable neglect; Waiver may only be granted for the year in which an application is filed and for the year immediately prior. Assessors rulings under this provision may be appealed to the Borough Assembly which for good cause shown may waive an applicant's failure to file timely and may direct the assessor to accept the application as if timely filed subiect to the provisions contained in AS 29.45.030(e). ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kndiak Island Rnrnunh Alacka nrdinanrw Nn FY7007 -10 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Authorizing the Approval of Lease with the City of Kodiak Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The lease with the City of Kodiak needs to be approved by the Assembly. The rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006. The City Manager has already signed their lease. The Borough Manager is designated to sign the lease on behalf of the Assembly. Recommended motion: Move to adopt Resolution No. FY2007 -09.. Item No. 13.B.1 Resolution No. FY2007 -09 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -09 Introduced by Manager Gifford Requested by. Manager afford Drafted by Finance Director Introduced: 10/19/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE CITY OF KODIAK WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the City of Kodiak needs to be approved by the Assembly; and WHEREAS, the rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006; and WHEREAS, the City Manager has already signed the lease; and WHEREAS, the Borough Manager is designated to sign the lease on behalf of the Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to sign the lease on behalf of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -09 Page 1 of 1 LEASE AGREEMENT THIS LEASE AGREEMENT is made this first day of July, 2006, by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and City of Kodiak, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate described as follows: Office space of 3,447 square feet known as suite 210 to 222 located on the second floor of the Kodiak Island Borough Building located at 710 Mill Bay Rd. It is also the following described real property: Lot Seven A (7A), USS 2348 -A, Township 27S, Range 19W, Seward Meridian, Kodiak Recording District, Third Judicial District, State of Alaska. The aforesaid office space, hereinafter referred to as the leased premises, is more specifically depicted or outlined on the floor plan attached hereto as Exhibit A. Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of five (5) year following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on July 1, 2006, and shall expire at 5:00 P.M., Alaska Standard Time on June 30, 2011. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. 3. Termination of Lease. Both parties have the right to terminate this lease with ninety (90) days written notification. 4. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described, at the rate of One Dollar and eighty -five cents ($1.85) per square foot, the sum of Six thousand, three hundred and seventy -six dollars and sixty -seven cents ($6,376.67) monthly in advance, on or before the first day of each month of the lease term. Page 1 of 10 All rentals, unless and until otherwise`directed in writing by Landlord, 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. Landlord reserves the right to increase the rent cost per square foot based on utility cost increases on an annual basis. A ninety (90) day notice will be provided to tenant before the change is made. 5. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. 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 such work, and shall hold Landlord harmless from all liability and liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and the property of the Landlord without obligation to pay therefore, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 6. Use of Premises. The leased premises shall be used for general office space, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, 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 leased 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 management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such increase. Page 2 of 10 7. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures in the leased premises, and any license and excise fees and occupation taxes covering business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes on rentals payable hereunder. 8. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: (a) Electricity for normal lighting, air conditioning, and office use. Special or additional electrical requirements shall be paid by Tenant. (b) Heat, snow removal for common areas, and sewer and water based on normal office use. (c) Janitorial service for the leased premises on a five - day -a -week basis, and periodic exterior window washing. (d) Refuse collection based on normal office use. Tenant shall provide at his expense all other utilities and services used at the leased premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 9. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant, his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Page 3 of 10 Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it 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 leased premises, the building, 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 occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment 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. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with the repair work and the preparations therefore to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Landlord, an in the meantime the monthly rental shall be abated in the same proportion that the untenable portion of the leased premises bears to the whole thereof. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days after the happening of any such damage whether Landlord has elected to continue this lease in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -day period, Landlord shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Landlord of repair work shall be deemed to constitute notice that Landlord has elected to restore or repair the leased premises. For the period from the occurrence of any damage to the leased premises to the date of completion of the repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased premises), the monthly rental shall be abated in the same proportion as the portion of the leased premises bears to the whole thereof. In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no abatement of rental during the period of such delay. If the fire or damage is caused by the carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of this lease, Tenant shall remain liable for the rent, without abatement, during any period of repair or restoration. If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of any fire or other casualty in the building, even though the leased premises may not have been affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the building containing the leased premises, then upon written notice given by Landlord to Tenant, this tease shall terminate on a date specified in such notice, but no sooner than thirty (30) days from the date of such notice, as if that date had been originally fixed as the expiration date of the term herein leased. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; Page 4 of 10 t o he ex however, tent that would paragraPh shall be inapplicable invalidating any insurance insu would have the e coverage effect, f Landlord ol or to the extent tha Tenant. in areas of the building Restoration or repair work conducted in the common areas, shall not be unleased, or leased to other tenants, or the noise or interference arisin g therefrom, deemed abated be during P premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 11. bign this lease inQ and Assien y part art hereof, sublet the be assigned in whole or in premises, or any part thereof, or ti o n o f law or through as g h an proceedings, without the prior written consent of part by operation o lw hog court roceedin s, Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If chan e in ownership of a majority of its vvotingstocck outstanding, oshall constitute aparty, assignment any g assignment of this lease for purposes of this paragraph. 12 m and against n and Tenant agrees to all claims (no protect, atter how meritle s) demands, and causes of Lanolo are theref om fo injury to or death of persons or loss of or damage e to property occurring on the leased earefr the dict ion or in any manner during the term ofgthi out Tenant shall prrocu e maintain public s, or the condt liability insurance coverage, naming Landlord as an insured, which coverage, pertaining to the leased premises, shall not be less than $250,000 per person for bodily injury or death, $500,000 a m dditional name d nsuredrin such pol cy d po OO. Such policy y or policcies shall be written b y ry or death, an a responsible n e insurance company or companies satisfactory 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. Certificates shall state that written yot to the policy or notice policies will not be canceled or altered without at least thirty (30) da s Y , P h Landlord. Maintenance 11 not of Tenant of liability tinder has indemnity of the obligation under eemen this paragraph s 13. Common Areas and Facilities. All common areas and common facilities in or about the leased premises and the building s all be subject to the e shall vevo control, right scheduling and management maintain n and p (e.g. area, level, ,l ocation and arrangement and other common areas and on all temporarily to th e aea, l close the common areas to effect such changes. All common areas and facilities which Tenant may be permitted to use and occupy are to if used and license be revoked or revocable f the amount of such which reas be unreasonably diminished, Landlord d if any such used not be subject shall subject to any liability nor shall Tenant be entitled to any compensation or Page 5 of 10 diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 14. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said 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 changes 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 leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 15. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency, or other proceedings, in law, in equity, or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment; or (b) Fail to observe or perform any of Tenant's other covenants, agreements, or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or (3) has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for Tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an Page 6 of 10 16. Notices. Any and all notices required or permitted under this lease, 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: Page 7 of 1.0 end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TENANT: City of Kodiak PO Box 1397 Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 17. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. 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. 18. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord 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 given hereunder, or now or hereafter existing at law or in equity or by statute. 19. 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 hereunder 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. 20. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraphs 15 and 3 of this lease. 21. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 22. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 23. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenancy commencing on the first day of the holdover period. 24. Signs. Landlord shall provide one sign for the Tenant. Tenant agrees that any other sign or signs installed on the demised premises shall be with the consent of the Landlord. 25. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 26. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. 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 lease 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, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, Page 8 of 10 action by labor unions, or 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. 28. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease 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. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a security deposit by Tenant in the amount of None DOLLARS ($0.00), receipt of which by Landlord is hereby acknowledged. Said deposit for security is for the full and faithful performance by the Tenant of all the covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried out all of its covenants and terms. If Tenant does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant. In the event all or part of the security deposit is so applied, Tenant shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant. The Tenant may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2006. ATTEST: Page 9 of 10 TENANT: ATTEST: Borough Clerk Page 10 of 10 LANDLORD: THE KODIAK ISLAND BOROUGH Borough Manager «4- Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Resolution No. FY2007 -10 Ratifying and Certifying the Results of the Municipal Election Held October 3, 2006. The Canvass Board met on October 4, and 11, and will meet again on October 12, 2006 to finalize the count for the absentee, special needs, and questioned ballots and to canvass the election. Since canvassing is not going to be finished by the time packets becomes available to the Assembly, Resolution No. FY2007 -10 will be provided at the work session. Recommended motion: Move to approve Resolution No. FY2007 -10. Item No. 13.8 .2 The canvass board met on October 4, 11, and 12 to finalize the count for the October 3, 2006 municipal election. I would like to ask the Assembly to approve Resolution No. FY2007 -10 which ratifies and certifies the results of the municipal election. I would also like to take this opportunity to thank all the election workers, the counting team, and the canvass board. It would have been impossible to conduct an election without these hard working volunteers. Thank you. A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 3, 2006 WHEREAS, the Kodiak Island Borough held a Regular Election on October 3, 2006, at which time candidates for the following office to be filled were voted on: KIB ASSEMBLY KIB SCHOOL BOARD FIRE PROTECTION AREA NO. 1 BOARD SERVICE AREA NO. 1 BOARD BAY VIEW ROAD SERVICE AREA BOARD MONASHKA BAY ROAD SERVICE AREA BOARD WOMENS BAY SERVICE AREA BOARD WHEREAS, the Canvassing Board of the Kodiak Island Borough met on October 4,10, and 11, 2006 and tallied the votes of Absentee Ballots, Questioned Ballots, and Special Needs Ballots together with votes counted on election night; and WHEREAS, the tallies as recorded by the Canvass Board are as follows: KODIAK ISLAND BOROUGH ASSEMBLY — TWO (2) THREE-YEAR TERMS Lynch, Chris Friend, Jerrol Stephens, Mel Write -Ins KIB SCHOOL DISTRICT BOARD OF EDUCATION - TWO (2) THREE -YEAR TERMS Wooten, Norm Tuttle, Peggy Arndt, Scott Muller Sr., Darren K. Write -Ins KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2007 -10 Introduced by: Requested by: Drafted by: Introduced: Adopted: Two Seats - Three -year terms Two Seats - Three -year terms Two Seats - Three -year terms Two Seats - Three -year terms Two Seats - Three -year terms Two Seats - Three -year terms Two Seats - Three -year terms FIRE PROTECTION AREA NO. 1 BOARD - TWO (2) THREE -YEAR TERMS Davidson, Cliff Nelson, Rebecca Donovan, Mike Devries, Andrew C. Write -Ins KIB Assembly Borough Clerk Borough Clerk 10/19/2006 1532 1166 1118 26 1145 1107 924 750 20 413 359 292 267 5 Kodiak Island Borough, Alaska Resolution No. FY2007 -10 Page 1 of 4 SERVICE AREA NO. 1 BOARD - TWO (2) THREE -YEAR TERMS Tuttle, Peggy 404 Lorenson, Charles 358 Symmons, Dennis R 273 Write -Ins 8 BAYVIEW ROAD SERVICE AREA BOARD — TWO (2) THREE - YEAR TERMS Write -ins Oswalt, Reed 5 Roberts, Fred 3 Schauff, James 2 Black, Joe 1 Carmichael, Margo 1 Finn, Fru 1 Finn, Shawn 1 Street, Jim 1 Street, Mr 1 Yovino, Bill 1 MONASHKA BAY ROAD SERVICE AREA BOARD — TWO (2) THREE - YEAR TERMS Darlene J. Turner 41 Bruce McNeil 41 Randy Spivey 47 Write -ins 2 WOMENS BAY ROAD SERVICE AREA BOARD — TWO (2) THREE - YEAR TERMS Lee, George 181 Write -ins Zawacki, Cliff 9 Gondek, Ed 5 Breitung, Craig 3 Conrad, Dave 3 Lynch, Chris 3 Rippey, James 3 Trosvig, Tom 3 Finke, Andrew 2 Griffin, Scott 2 Springer, Tom 2 Cobis, James 1 Dodge, Harry 1 Doe, John 1 Dryden, Steve 1 Farling, Dale 1 Flinders, Val 1 Gibbs, Patt 1 Hales, Alexis 1 McFarland, Jack 1 Millstein, Ben 1 Smith, Bill 1 Starkovich, Dale 1 Tuttle, Pegg 1 Waltman, Fred 1 White, Lorne 1 Kodiak Island Borough, Alaska Resolution No. FY2007 -10 Page 2 of 4 PROPOSITION NO. 1 GENERAL OBLIGATION BONDS FOR NEW SCHOOL POOL 6 -LANE, 1 DIVING BOARD Yes No PROPOSED SPRUCE CAPE STREETLIGHTS SERVICE AREA Yes No TOTAL REGISTERED VOTERS TOTAL VOTES CAST /PERCENTAGE NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 1327 938 4 18 36 /605 - Chiniak 121 36 /608 -Flats 1915 36/615 -KI South (Larsen Bay) 208 36/618- Kodiak No. 1 1977 36/620- Kodiak No. 2 1837 36/622- Mission Road 2844 36/625 -Old Harbor 149 36 /635 - Ouzinkie 141 36/645 -Port Lions 225 Total 9417 Votes Cast Percentage 36 /605 - Chiniak 30 25% 36/608 -Flats 234 13% 36/615 -KI South (Larsen Bay) 43 21% 36 /618 - Kodiak No. 1 430 22% 36/620- Kodiak No. 2 347 19% 36/622- Mission Road 802 29% 36/625 -Old Harbor 65 44% 36 /635 - Ouzinkie 70 50% 36/645 -Port Lions 60 27% Absentee, Questioned, and 326 4% Special Needs Total 2407 26% Section 1: The Assembly finds that the Municipal Election of October 3, 2006 was validly held and hereby ratifies and certifies the results of the election: Section 2: In the Borough -wide election for Assembly Chris Lynch and Jerrol Friend were elected to three -year terms each, having received the highest vote tallies. Section 3: In the Borough -wide election for Borough School Board Peggy Tuttle and Norm Wooten were elected to three -year terms each, having received the highest vote tallies. Section 4: In the Fire Protection Area No. 1 Cliff Davidson and Rebecca Nelson were elected to three -year terms each, having received the highest vote tallies. Kodiak Island Borough, Alaska Resolution No. FY2007 -10 Page 3 of 4 Section 5: Section 6: Section 7: Section 8: Section 9: Section 10: ATTEST: In the Service Area No. 1, Peggy Tuttle and Charles Lorenson were elected to three -year terms each, having received the highest vote tallies. In the Bay View Road Service Area Reed Oswalt and Fred Roberts were elected to three -year terms each, having received the highest write -in vote tallies. As Mr. Oswalt currently serves on the board and cannot hold two seats, his choice would be to either resign the current seat or decline to assume the duties of the newly elected seat. In either case a vacancy would be created that would be filled per KIBC 4.15.040. In the Monashka Bay Road Service Area, Randy Spivey received 47 votes; Darlene J. Turner and Bruce McNeil tied with 41 votes each. Darlene Turner, determined by coin toss of the Canvass Board, was elected to the three -year seat. In the Womens Bay Service Area Board, George Lee was elected to a three - year term having received the highest vote tally; and Cliff Zawacki was elected to a three -year term having received the highest write -in vote tally. Proposition No. 1, General Obligation Bonds for New School Pool 6 -Lane, 1 Diving Board received 1327 YES votes and 938 NO votes, therefore it passed. On the question of the Proposed Spruce Cape Streetlights Service area received 4 YES votes and 18 NO votes, therefore it failed. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF OCTOBER, 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -10 Page 4 of 4 We, the undersigned, duly appointed at the Regular Assembly meeting of September 21, 2006, to serve as Canvass Board judges in the Regular Election of October 3, 2006, do hereby certify that we have examined in detail all absentee and questioned ballots, original and duplicate tally books, and questioned registers from each of precincts of the I {odiak Island Borough. Upon completion of the canvass, it is our opinion that the above summary of election returns as compiled by the Borough Cleric accurately reflects the totals shown on the Certificate of Election Returns by the election board of each voting precinct. Dated this 11th day of October 2006. REPORT OF ELECTION CANVASS BOARD Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Item No. 13.C.1 Ordinance No. FY2007-01E Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Port Lions Community Work Shop, Larsen Bay Equipment, Ouzinkie Dock Replacement, and Area Wide Schools Equipment and Supplies. The purpose of this action is to accept Legislative grants for fiscal year 2007 from the State of Alaska Department of Commerce, Community and Economic Development for the grants and amounts listed below: FY2007 Designated Legislative Grant #07-DC-326 — Port Lions Community Work Shop in the amount of $10,000. This project may include, but is not limited to, replacement of a roll up door for the Port Lions Community Workshop Building. FY2007 Designated Legislative Grant #07-DC-324 — Larsen Bay Equipment in the amount of $70,000. This project may include, but is not limited to, acquiring various heavy equipment for the City of Larsen Bay. FY2007 Designated Legislative Grant #07 -DC -511 — Ouzinkie Dock Replacement in the amount of $570,000. This project may include, but is not limited to, engineering design work, survey and mapping, geotechnical work, permitting and construction, labor costs, materials and supplies. FY2007 Designated Legislative Grant #07 -DC -321 — Area Wide School Equipment and Supplies in the amount of $70,000. This project may include, but is not limited to, equipment, materials and supplies for all Borough School District Schools. APPROVAL FOR AGENDA: .Jscresa.1' Recommended motion: Move to adopt Ordinance No. FY2007 -01E. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007-01E Requested by: Borough Manager Drafted by: Finance Director Introduced: 10/19/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY ACCEPTING AND APPROPRIATING STATE LEGISLATIVE GRANTS FOR THE PORT LIONS COMMUNITY WORK SHOP, LARSEN BAY EQUIPMENT, OUZINKIE DOCK REPLACEMENT, AND AREA WIDE SCHOOLS EQUIPMENT AND SUPPLIES WHEREAS, the Kodiak Island Borough submitted the FY2006 Capital Improvement Project list to the State Legislature; and WHEREAS, various projects were funded through the Legislative Capital Grant Program; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: This ordinance is not of a permanent nature and will not be codified. Section 2: The Manager is authorized to accept $720,000 from the Alaska Department of Commerce, Community and Economic Development and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance, for the following projects: FY2007 Designated Legislative Grant #07 -DC -326 for Port Lions Community Work Shop, Project No. 07006, in the amount of $10,000; FY2007 Designated Legislative Grant #07 -DC -324 for Larsen Bay Equipment, Project No. 07004, in the amount of $70,000; FY2007 Designated Legislative Grant #07 -DC -511 for Ouzinkie Dock Replacement, Project No. 07011, in the amount of $570,000; and FY2007 Designated Legislative Grant #07 -DC -321 for Area Wide School Equipment and Supplies, Project No. 07001, in the amount of $70,000. Section 3: Funds in the amount of $720,000 are appropriated to Fund #430, State Capital Grants as follows: Project No. 07006 — Port Lions Community Workshop $ 10,000 Project No. 07004 — Larsen Bay Equipment $ 70,000 Project No. 07011 — Ouzinkie Dock Replacement $570,000 Project No. 07001 — Area Wide School Equipment and Supplies $ 70,000 Kodiak Island Borough, Alaska Ordinance No. FY2007-01E Page 1 of 2 Section 4: This ordinance shall become effective immediately upon enactment. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -01 E Page 2 of 2 September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -326 Port Lions Community Work Shop Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. Sincerely, �/ - 1 b obin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http : / /www.commerce.state.ak.us /dca Designated Legislative Grant Program Grant Agreement Grant Agreement Number Amount of State Funds 07 -DC -326 $10,000.00 Collocation Code(s) Encumbrance Number /AR/Lapse Date Project Title 8179564 / 10494 / 6/30/2011 Port Lions Community Work Shop Grantee Department Contact Person Name Name Kodiak Island Borough Robin Park Street/PO Box Title 710 Mill Bay Road Grants Administrator City /State /Zip Street/PO Box Kodiak AK 99816 PO Box 110809 Contact Person City /State /Zip Rick Gifford, Borough Manager Juneau, AK 99811 -0809 Phone 907-486-9343 I Fax 907 486 -9394 Phone 465 4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $10.000.00 Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2006 and shall be completed no later than June 30 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Printed Name and Title Rick Gifford, Borough Manager Melanie Greer, Grants Administrator III Date Date Reviewed by: 1's. Cost Category Grant Funds Total Project Cost Program Funds $10,000.00 $10,000.00 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $10,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 22] is to provide funding to the Kodiak Island Borough for use towards the Port Lions Community Work Shop. This project may include, but is not limited to replacement of a roll up door for the Port Lions Community Workshop Building. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State The Grantee shall submit a Designated Legislative Grant FinanciaUProgress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 incerel Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowsk', Governor William C Noll, Commissioner Michael Black, Director RE: FY 2007 Designated Legislative Grant # 07 -DC -324 Larsen Bay Equipment Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_ park @commerce.state.ak.us Website: http. / /www.commerce.state.ak.us /dca �rnmun y � F Designated Legislative Grant Program Grant Agreement Grant Agreement Number 07 -DC -324 Amount of State Funds $70,000.00 Collocation Code(s) 8179562 Encumbrance Number /AR/Lapse Date / 10492 / 6/30/2011 Project Title Larsen Bay Equipment Grantee Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City /State /Zip Kodiak AK 99816 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City /State /Zip Juneau, AK 99811 -0809 Phone 907 -486 -9343 Fax 907 -486 -9394 Phone 465 -4731 Fax 465 -5867 The Alaska Department (hereinafter `Department') Section I. The Department agreement. The amount In no event shall the Section II. The Grantee Section III. The work 2011. of and of the payment shall to be performed consists ATTACHMENTS AGREEMENT Commerce, Community and Economic Kodiak Island Borough (hereinafter Development, Division of Community Advocacy `Grantee') agree as set forth herein. of the project work under the terms outlined in this expenses incurred, which are authorized under this Agreement. this Agreement. July 1. 2006 and shall be completed no later than June 30, shall pay the Grantee for the performance payment is based upon project exceed $70,000.00 perform all of the work required by under this agreement begins of this page and the following: APPENDICES Section IV. The agreement Attachment A: Scope I. 2. 3. 4. 5. Attachment B: Payment Attachment C: Standard AMENDMENTS: Agreement of Work Appendix A: Audit Regulations Project Description Appendix B: Audit Compliance Supplement Project Budget Appendix B2: Indemnity and Insurance Project Narrative Appendix C: State Laws and Regulations Project Management/Reporting Appendix D: Special Requirements and Assurances for Forms Packet Federally Funded Projects (if applicable) Method Appendix E: Site Control Provisions Appendix F: State Fire Marshal Review Any fully executed amendments to this Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator Ill Date Date Reviewed by: »te, Cost Category Grant Funds Total Project Cost Program Funds $70,000.00 $70,000.00 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $70,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 17] is to provide funding to the Kodiak Island Borough for use towards the Larsen Bay Equipment. This project may include, but is not limited to acquiring various heavy equipment for the city of Larsen Bay. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Dear Mr. Cassidy: Sincerely, Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section RE: FY 2007 Designated Legislative Grant # 07 -DC -511 Ouzinkie Dock Replacement Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http : / /www.commerce.state.ak.us /dca -pp Gobi: v k* C Y Designated Legislative Grant Program Grant Agreement *S tone of WO + Grant Agreement Number 07 -DC -511 Amount of State Funds $570,000.00 Collocation Code(s) 8179751 Encumbrance Number /AR/Lapse Date / 10681 / 6/30/2011 Project Title Ouzinkie Dock Replacement Grantee Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City/State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City/State /Zip Juneau, AK 99811 -0809 Phone 907-486-9343 ( Fax 907 - 486 -9394 Phone 465 4731 Fax 465 -5867 The Alaska Department (hereinafter `Department') Section I. The Department agreement. The amount In no event shall the Section II. The Grantee Section III. The work 2011. of and shall of the payment shall to be performed consists ATTACHMENTS AGREEMENT Commerce, Community and Economic Kodiak Island Borough (hereinafter Development, Division of Community Advocacy `Grantee') agree as set forth herein. of the project work under the terms outlined in this expenses incurred, which are authorized under this Agreement. this Agreement. July 1, 2006 and shall be completed no later than June 30 pay the Grantee for the performance payment is based upon project exceed $570.000.00 perform all of the work required by under this agreement begins of this page and the following: APPENDICES Section IV. The agreement Attachment A: Scope 1. 2. 3. 4. 5. Attachment B: Payment Attachment C: Standard AMENDMENTS: Agreement of Work Appendix A: Audit Regulations Project Description Appendix B: Audit Compliance Supplement Project Budget Appendix B2: Indemnity and Insurance Project Narrative Appendix C: State Laws and Regulations Project Management/Reporting Appendix D: Special Requirements and Assurances for Forms Packet Federally Funded Projects (if applicable) Method Appendix E: Site Control Provisions Appendix F: State Fire Marshal Review Any fully executed amendments to this Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator 111 Date Date Reviewed by: µS Cost Category Grant Funds Total Project Cost Program Funds $570,000.00 $570,000.00 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $570,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 4, Page 119, and Line 30] is to provide funding to the Kodiak Island Borough for use towards the Ouzinkie Dock Replacement. This project may include, but is not limited to, engineering design work, survey and mapping, geotechnical work, permitting and construction, labor costs, materials and supplies. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section RE: FY 2007 Designated Legislative Grant # 07 -DC -321 Area Wide School Equipment & Supplies Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2 Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. Robin Park Grants Administrator Frank H. Murkowski, Governor William C. Noll, Commissioner Miebae/Black, Director P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http : / /www.commerce.state.ak.us /dca corn" Ywy. of a r Designated Legislative Grant Program Grant Agreement "tote of No* Grant Agreement Number 07 -DC -321 Amount of State Funds $70,000.00 Collocation Code(s) 8179559 Encumbrance Number /AR/Lapse Date / 10489 / 6/30/2011 Project Title Area Wide School Equipment & Supplies Grantee Department Contact. Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City/State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City/State /Zip Juneau, AK 99811 -0809 Phone 907- 486 -9343 Fax 907- 486 -9394 Phone 465 -4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $70.000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2006 and shall be completed no later than June 30. 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: ION Cost Category Grant Funds Total Project Cost Program Funds $70,000.00 $70,000.00 Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $70,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 8] is to provide funding to the Kodiak Island Borough for use towards the Area Wide School Equipment & Supplies. This project may include, but is not limited to, equipment. materials and supplies for all Borough School District Schools. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4 /2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Recommended motion: Move to adopt Ordinance No. FY2007- 01A(A). Item No. 13.C.2 Ordinance No. FY2007- 01A(A) Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinke School Foundation Project. The purpose of this action is to increase the approved budget by appropriating administrative costs which were not included when the project was first established through a Hazard Mitigation Grant Program grant for fiscal year 2007 from the State of Alaska Department of Military and Veteran Affairs Division of Homeland Security and Emergency Management. The increase is in the amount of 7 026, bringing the total project budget to $308,344 for the Seismic retro -fit of the Ouzinkie Sc ool Foundation, Project No. 07012. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01A (A) Requested by: Manager Gifford Drafted by: Finance Officer Introduced: 10/19/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY INCREASING THE AMOUNT OF THE SEISMIC RETRO -FIT OF THE OUZINKE SCHOOL FOUNDATION PROJECT WHEREAS, the State will reimburse the Borough for up to $7,026 in administrative costs on this project; and WHEREAS, these administrative costs were not included when the project was first set up; and WHEREAS, we would like to increase the budget by this amount so that these administrative costs can be charged to the project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: This ordinance is not of a permanent nature and will not be codified. Section 2: That $7,026 is added to Project 07012, the Seismic retro -fit of the Ouzinkie School Foundation project bringing the total project budget to $308,344. Section 3: This ordinance shall become effective immediately upon enactment. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007- 01A(A) Page 1 of 1 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award 1 Amendment ❑ Amendment# _ 4. Employer Tax ID # 92- 003085 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak - prepared. corn 7. Recipient Project Manager: Ken Smith Phone: 907 -486 -9341 Fax: 907 - 486 -9394 Email: ksmith @kib.co.kodiak.ak.us 8. DHS&EM Project Manager: Scott Simmons Phone: 907 -428 -7016 Fax: 907 - 428 -7009 Email: scott_simmons@ak- prepared.com 9. Effective Date of This Action August 18, 2006 10. Method of Payment: Electronic Funds Transfer 11. Grant Award and Deliverables (See following two pages and Sub- Grantees' Grant Amount: $301,318 Estimated administrative allowance (see also 11.13 Total Awarded Amount: $308,344 Handbook) below):$7,026 Deliverables are as described in the agreed upon application Grant # 1571.0009 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. see Attachment f II Applicable 13. Grant Requirements, Assurances and Agreements: (continued on reverse side of Agreement) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer W /� p �rll Gds. �8�' Printed Name: Karleton Short Date: 4 - / t- cd Phone: 907 -486 -9320 Fax: 907 -486 -9399 Email: kshort @kib.co.kodiak.ak.us 16. Signature of Local Jurisdictio �/ ' : story Official ct 4 d( Rick Giff Bo ough Manager Date: YY /e cr Phone: 907 -486 -9301 Fax: 907 -486 -9374 Email: rgifford @kib.co.kodiak.ak.us Zac c 7 , 1 41M( .; Prin ed Name and Title: 17� S8E1� S�nat�� l David E. Liebersbach, Governor's Authorized Representative Date %:\Plant Preparedness\ it 'gallon \ [571 04 Bearing Sea Storm \KIB Ouzinkie School Retrofit,' 571 -0009 Ouzo grant agreement.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for Hazard Mitigation Grant Program Grant No. 1571.0009 Revised Jan 2006 11. The total allocation of the Bering Strait Sea Storm awaited to the Division of Homeland Security and Emergency Management (DHS &EM) is $710,179 under Federal Grant 1571, CFDA# 97.039. The Kodiak Island Borough has been awarded $301,318, which shall be used to support activities essential to retrofitting the Ouzinkie School. If the cost of the project at the time of termination is less than the awarded amount, the actual cost will be substituted above. DHS &EM shall not be obligated to disburse more than the above amount unless that additional amount has been approved in advance by both DHS &EM and the SUB - GRANTEE and is incorporated by written amendment to this Grant Agreement. The performance period of this award ends on August 2, 2008 Project deliverables identified in the approved project scope of work must be completed by this date. 11.1 Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Reports to the Project Manager at DHS &EM. The most current blank forms are attached and may be reproduced. Quarterly reports are due: Q1 October 1 - December 31 Report due January 20 (Include annual Property inventory Report) Q2 January 1 - March 31 Report due April 20 Q3 April 1 - June 30 Report due July 20 04 July 1 - September 30 Report due October 20 Narrative reports shall compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Include any significant events or activities. Financial reports shall show receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. 11.2 Time of Performance: The Sub- Grantee shall complete the project within the performance period as stated above. The Sub - Grantee may request that DHS &EM extend the deadline for grant agreement completion in the event of extenuating circumstances. All requests must give a detailed justification in writing. 11.3 Reimbursements: See Sub - Grantees' Handbook, p. 6. Expenditure reimbursement may be requested at any time. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.). Payroll reports that capture this information, signed and certified by the Chief Financial Officer, are also acceptable. Copies of all contracts for services shall be submitted to DHS &EM. Contract deliverables must meet the intent of the grant application and grant requirements. Staff may not self-certify their own time and wages. Cash payments may be withheld pending correction of deficiencies in required reports. Indirect costs are not allowed. 11.4 Advance of Funds: See Sub - Grantees' Handbook, p. 6. 11.5 Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit a final report and DHS &EM form 30 -04HM. DHS &EM will conduct final inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right to withhold disbursement of final payment to the Sub - Grantee until the project has been completed and given final approval by DHS &EM. 11.6 Penalty for Non - Compliance: Reimbursements may be partially or wholly withheld, or the award may be wholly or partly suspended, or terminated for the reasons listed below. DHS &EM shall notify the Kodiak Island Borough of its decision in writing 30 days prior to any such termination. The Kodiak Island Borough must respond within 5 days of receipt of the notification. 11.6.1 Unwillingness or inability to attain project goals 11.6.2 Unwillingness or inability to adhere to Special Conditions listed in Block 12, if applicable 11.6.3 Inability to adhere to grant guidelines and federal compliance requirements 11.6.4 Improper procedures regarding contracts and procurements 11.6.5 Inability to submit reliable and /or timely reports 11.6.6 Any misrepresentation, error, or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. 11.7 Sub-recipient Monitoring Policy: DHS &EM reserves the right to periodically monitor the Kodiak Island Borough's financial policies and procedures, records, systems, means of allocating and tracking costs maintenance of current financial data, procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), program operations, and other concerns relative to this award. This may include desk and field audits. Technical assistance is available from DHS &EM staff. 11.8 Conflict of interest: No officer or employee of DHS &EM; no member, officer, or employee of the Sub - Grantee or its designees or agents; no member of the goveming body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub - Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. The Sub- Grantee must certify they comply with the State of Alaska "Ethics Information for Members of Boards and Commissions, and that they comply with AS 39.52. Available at http: / /www. law. state. ak .us /pdf /ethics /b&cbooktext.pdf. 11.9 Political Activity: No portion of the funds provided herein may be used for any partisan political activity. 11.10 Changes to Award: The Sub- Grantee or DHS &EM may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by DHS &EM and the Sub - Grantee. All change requests must be submitted in writing or electronically to the Project Manager for review and approval, accompanied by a narrative justification and spending plan. Changes must be consistent with the scope of the project and grant guidelines. Revisions to the Scope of Work, extension of the performance period, changes in key persons specified in an application or the grant award, contractual services for activities central to the purposes of the award, requests for additional funding will result in an amendment to this award. 11.11 Waivers: No conditions or provisions of this Grant Agreement can be waived unless approved by DHS &EM in writing. 11.12 Non - reimbursable Expenses: Indirect costs are not allowable under this grant 11.13 Administrative Allowance: The Sub - Grantee is eligible to receive federal administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified in 44 CFR Section 13 Subpart C. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant. Administrative costs are based on the following percentages of total net eligible costs: For the first $100,000 of net eligible costs, three percent of such costs. For the next $900,000, two percent of such costs. For the next $4,000,000, one percent of such costs. For those costs over $5,000,000, one -half percent of such costs. The Sub - Grantee must retain records of how the Administrative Allowance is spent and must submit quarterly reports on total expenditures. The applicant's records need not be submitted; however they must be retained by the applicant for three (3) years beyond date of closeout for the disaster. These records are subject to audit. 13. We. the Signatory Officials, do hereby assure and certify: 13.1 The performance period for this grant award is August 2, 2006 through August 2, 2008. Funds may not be obligated outside of this time period. 13.2 Al expenditures must be certified and signed by the responsible financial officer indicating that such expenditures have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. 13.3 Any contract entered into during this grant period shall comply with local, state and federal government contracting regulations. 13.4 Records shall be maintained for a period of three (3) years following the date of the closure of the disaster, or audit if required. 2 13.5 As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB Circular A -133. The sub - recipient will permit the State of Alaska Project and Program officials and auditors to have access to the sub-recipients and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB Circular A -133. Copies of audit findings must be submitted to DHS &EM within 30 days after the sub - recipient receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. The Federal agency name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency will be included. 1.6 The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with ,bbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 13.7 Procurement shall comply with local procurement policies and procedures, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 28 CFR Parts 66 & 70, and OMB Circular A -102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments ". Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Sole- source procurements and all purchases in excess of $100,000 require prior approval of DHS &EM. 13.8 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 13.9 Our agents will perform all obligations under this Grant Agreement as independent contractors and not in any manner as agents of DHS &EM. 13.10 This Hazard Mitigation Project Grant shall be governed by, and we will comply with, all applicable provisions of Alaska Statutes, Alaska Administrative Code, 44 CFR and DHS &EM policies and guidelines, including the Administrative Plan. 13.11 We will protect, save, and hold harmless DHS &EM and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub - Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. We further agree to defend DHS &EM and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs damages or expenses which may be caused by the sole negligence of DHS &EM or the State of Alaska or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of DHS &EM and the State of Alaska and their agents or employees, and the Sub - Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub - Grantee, or Sub - Grantee's agents or employees. 13.12 Hazard Mitigation funds will not be used to supplant State or local funds Hazard Mitigation Grants cannot be used for projects funded by other Federal programs. 13.13 Our employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. Available at http: / /uscis.gov/ graphics /formsfee/forms/filesfi -9.pdf 13.14 Our workplace will meet all applicable federal and state safety and health regulations that are in effect during the grant period. 13.15 We shall maintain an effective property management system, including a Property Inventory Report submitted annually each January 20 with the Financial Progress Report safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition, and disposition procedures See Sub - Grantees' Handbook, p. 8. The Sub - recipient agrees that, when practicable, any equipment purchased with the grant funding shall be prominently marked as follows: Purchased with funds provided by the U.S. Department of Homeland Security. 13.16 The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This Document was prepared under a grant from the United States Department of Homeland Security/FEMA, and the Alaska Division of 'omeland Security and Emergency Management Points of view or opinions expressed in this document are those of the authors and do H necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security/FEMA, or the State of Alaska. 3 Initial here SPECIAL REQUIREMENTS AND ASSURANCES Note: This list is not intended to be exhaustive and does not indicate lack of additional applicable legal requirements. 1. STATE AND FEDERAL LAWS TO BE OBSERVED The Sub - Grantee must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by DHS &EM that they include all relevant laws. It is the Sub - Grantee's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of DHS&EM. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY PROCUREMENT REGULATIONS, 44CFR Section 1336(b) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(6) through (i). 3. PUBLIC LAW 88 - 352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part 1) The Sub - Grantee must comply with the provisions of "Public Law 88- 352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. 4. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The Sub - Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 5. AMERICANS WITH DISABILITIES ACT ( U.S.C. 12101, et seq.) The Sub - Grantee shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the Sub - Grantee in four principle ways in respect to: a. employment; b. the provision of public services; c. transportation; d. existing facilities and new construction. 6. COPELAND ACT (Anti - Kickback Act) (40 U.S.C. 276c) The Sub - Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. 7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( U.S.C. 327 et seq.) The Sub - Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one -half times the basic rate is paid for the overtime hours. If the Act is violated, the Sub - Grantee or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. 8. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.0 Section 4321 et seq., and 24 CFR Part 58 The Sub- Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the Sub - Grantee must also submit environmental certifications to DHS &EM when requesting that funds be released for the project. The Sub - Grantee must certify that the proposed project will not significantly impact the environment and that the Sub - Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 9. U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A - 133, AUDITS OF STATE AND LOCAL GOVERNMENTS The Sub - Grantee shall comply with the requirements of Federal Circular A -I 33, which requires that the Sub - Grantee expending $300,000 ($500,000 for fiscal year ending after December 31. 2003)or more in federal funds during the applicant's fiscal year to have an audit made for that year. a. Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office (GAO); b. The Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -7507) c. Revised OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations issued by the U.S. Office of Management and Budget (OMB). d. 44 CFR 13.26 (b), Grantees and sub - grantees are responsible for obtaining audits IA W the Single Audit Act Amendments of 1996 (31 U. /S.C. 7501- 7507) 4 1 PROJECT DEVELOPMENT AND CONSTRUCTION SCHEDULE ATTACHMENT 1 City of «City », Alaska «Project Title» DHS &EM DESCRIPTION OF ACTIVITY/TASK SCHEDULE COMPLETION DATE ESTIMATED COST $ / %PROJECT 5 1. LOBBYING As required by Section 1352, Tale 3! of the I' S. Coda and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over S100.000. as defined at 28 CFR Part 69, the applicant certifies that: tat No Federal appropriated funds have been paid or will be paid- by or on behalf of the under sot red, to an person for in- fluencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress m con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation. renewal. amendment. or modification of any Federal grant or cooperative agreement: (tit If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- temptme to tnfluence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress. or an employee via Member of Congress in connection with this Federal grant or cooperative agreement. the undersigned shall complete and submit Standard Form - TLC, "Disclosure of Lobbying Activities." in accordance with its instructions: (el The undersigned shall require that the rampage of this cer- tification be included in the award documents for all subawards at all tiers linclud mg subal-ams. contracts under giants and cooperative agreements and subcontracts t and that all sub - recipients shall certif.! and disclose accordmgl y. L DEB.ARMF.NT, SUSPENSION, AND OTHER RESPONSIRILITY %I %T1'E:RS (DIRECT RECIPIENTI As required by Executive Order 12549. Debamiem and Suspension. and implemented at 28 CFR Part 67. for prospec- tive participants m primary covered transactions . as defined at 28 CFR Part 5 Section 67 510-- A The applicant certifies that it and its prmcipais: at Are not presently departed suspended, proposed for debar- ment. declared ineligible. sentenced to a dental of Federal benefit. by a State or Federal court. or v plantar dy excluded from covered transactions by any Federal department or agency: On Have not within a three -year period preceding this application been con+iced of or had a cn I udement rendered against them for commission of fraud or a criminal offence in connee- U.S. Department of Justice Office of Justice Programs Office of the Comptroller ATTACHMENT 2 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBIUTY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instmcttons for certification inc luded in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69. "New Restrictions on Lobbying" and 28 CFR Part 67. "Govemment- wideDebarment and Suspension{Nonpro- curementland Government-wide Requirements for Drug- Free Workplace 1Grantsl" The certifications shah! be treated as a material representation of fact upon which reliance will be placed when the Department of.' ustice determines to award the to Seed transaction, grant. or cooperative agreement public (Federal, State, or local transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embeirlenrent. theft, forgery. bribery. falsification or destruction of records, making fake statements or receiving stolen property: (c) Are not presently indicted for or otherwise criminally or cnt by rdtari;ed by a governmental entity (Federal. State. OA local) with commission of any of the offenses enumerated in paragraph l lib) of this certification: and (d l Hav not within a three -year period preceding this a ppl ication had one or more public transactions (Federal. State. in local) terminated for carne or default and B Where theapplicant o unable to cent IV to am of the statements in this certification he or she shall attach an explanation to this application. 3. DRCGFREF. V,ORBPL..ACE: (GRANTEES OTHER THAN INDI VIDE ALSI As required by the Drug -Free Workplace Act of 1988. and implemented at 28 CFR Part 67, Subpart F. for grantees as defined at 28 CFR Pail 57 Sections 67 615 and 67 6211 -- A. The applicant rem ties that rt will or will continue to provide a drug -free workplace by (aI Publishing a statement r oh mg employees that the unlawful manufacture distribution, dispensing. possession or use of a controlled substance is prohibited in the grantees workplace and specifying theactions that will he taken against employees for violation of such prohibition. fbl Esta blishaw an on - going drug - free awareness program to infoun empoyees about— ( t The danger of drug abuse in the workplace: (21 The grantees policy of maintaining a drug -free workplace: (3t Any a+ailahk drug counseling_ rehabilitation, and ern plover. assistance programs: and ( The penalties that may be imposed upon employee for drug abuse vrobuons occunttw in the workplace. let Making it a requitement that each employee to be engaged in the performance of the giant be given a cope of the statement required by paragraph la t: ail Notifying the employes in the statement required by paragraph tat that as a condition of emplo under the grmn. f I I Abide by the terms of the statement: and 121 Notify the employer in writing of hts or her conviction for a ✓ iolation of a criminal drug statute occurring in the workplace K S later than Frye calendar days after such conviction: le} Notifying the agency, in wrrtimt, within 10 calendar days after receiving notice under subparagraph (d)(2 t from an employee or otherwise rem aging actual notice of such conviction Employers of convicted employees must provide notice, including position title. to: Department of Justice. Office of Justice Programs, ATTN. Control Desk, 810 P Street N.W., Washington, D 20531 Notice shall include the identification numberls) of each affected grant to Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(21, with respect to any employee who ft so convicted— I 11 Taking appropriate personnel action against such an employee. up to and including term matron. consistent with the requirements of the Rehab' h ratan Act of 1 973. as amended, or 12) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes bya Federal.. State. or local health, law enforcement, or oils" appopriate agency (gl Making a good faith effort to continue to maintain a druc- free workplace through implementation of paragraphs tat, ( Ic), ldl. lei. and in B The grantee may insert m the space provided below the sitelst for the performance of work done in connection with the specific grant Place of Performance (Street addres. env, county. state. rip code) Check if there are workplaces on file that are not identified here. Section 57, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OW Form 406117 Check if the State has elected to complete OJP Form 4061. DRUG- F'REI, WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the DnCg -Free Workplace Act of 1088. and implemented at 28 CFR Part 67. Subpart F. for grantees, as defined at 28 CFR Part 67: Sections 67 615 and 67,620 — A.As a condition of the Grant, I certify that I will not engage in the unlawful manufacture. distribution, dispensing posses - sion, or use at controlled substance in conducting any activity with the grant and B If c nvcted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity. 1 will report the conviction, in writing, within 10 calendar days of the conviction, tit Department of Justice, Office of Justice As the duly authorized representative of the applicant. t hereby certify that the applicant will comply with the above c '.. Grantee Name and Address. 2 Application Number and, or Protect Name a Typed Name and Title of Authorized Representative Signature ■ 'x >t 4r11.n Rti'Ut ;. :.au p. uhC y„ Ya.:• Cv 4" 4 3 Grantee IRS:Venckn Number i Date £cations S c— *yea, • nkt l.:o- 0.1 -o ' , 7 4 Bud Cassidy Engineering and Facilities Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: Enclosed is the grant agreement for the seismic retrofit of the Ouzinkie school, project #1571.0009. The total awarded amount for this project is $301,318. You will find the terms of the grant and procedures to follow in the administration of the grant on the agreement itself and in the included Sub - Grantee's Handbook. For your convenience, I have also included a CD with electronic copies of all of the forms you may need in relation to this grant. You will find two copies of the grant agreement enclosed; one is for your records and the other is for ours. Please return one copy to our mitigation grants administrator, Elizabet Bernhardt, after signing it. If you have any questions, please contact Ms. Bernhardt at (907) 428 -7078 or elizabet_bernhardt@ak- prepared.com. del:ewb Enclosures: 2 Grant Agreements Sub - Grantee's Handbook CD of Sub - Grantee Forms DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 2, 2006 Sincerely, David E. Liebersbach Governor's Authorized Representative X: Plans_PreparednessUlitigation \1571 04 Bearing Sea Stonn\KIB Ouzinkie School Retrofit \I 571 -0009 Ouzinkie grant agreement coverletter.doc FRANK MURKOWSKI, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 Fax: (907) 428-7009 Toll Free: (800)478 -2337 www.ak- prepared.com Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Item No. 13.C.3 Ordinance No. 2007- 01C(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retrofit of the Kodiak High School Library Wing Project. The purpose of this action is to increase the approved budget by appropriating administrative costs of $10,100, which were not included when the project was first established through a Hazard Mitigation Grant Program grant for fiscal year 2007 from the State of Alaska Department of Military and Veteran Affairs Division of Homeland Security and Emergency Management. Also, increasing the actual grant amount by $508, which is more than was originally budgeted and approved. The total increase in the amount of 10 6 rings the total project budget to $465,618 for the seismic retrofit of the Kodiak High School Library Wing, Project 05026. Recommended motion: Move to adopt Ordinance No. FY2007 -01 C(A). 1 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007- 01C(A) Requested by: Borough Manager Drafted by: Finance Director Introduced: 10/19/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY INCREASING THE AMOUNT OF THE SEISMIC RETRO -FIT OF THE KODIAK HIGH SCHOOL LIBRARY WING PROJECT WHEREAS, the State will reimburse the Borough for up to $10,110 in administrative costs on this project; and WHEREAS, these administrative costs were not included when the project was first set up; and WHEREAS, the actual grant amount is $508 more than originally budgeted and approved; and WHEREAS, we would like to increase the budget by these amounts so that these administrative costs can be charged to the project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: This ordinance is not of a permanent nature and will not be codified. Section 2: That $10,618 is added to Project 05026, the Seismic retro -fit of the Kodiak High School Library wing project bringing the total project budget to $465,618. Section 3: This ordinance shall become effective immediately upon enactment. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -01 C(A) Page 1 of 1 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award ® Amendment ❑ Amendment# 4. Employer Tax ID # 92- 003085 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office Department Division Fort 8. DHS&EM Manager: Scott and Address of Military and Veterans Affairs of Homeland Security and Emergency Management P.O. Box 5750 Richardson, Alaska 99505 -5750 ww w.ak- prepared.com 7. Recipient Project Manager: Ken Smith Phone: 907 -486 -9341 Fax: 907- 486 -9394 Email: ksmith @kib.co.kodiak.ak.us Project Simmons Phone: 907 - 428 -7016 Fax: 907 - 428 -7009 Email: scott_simmons@ak- prepared.com 9. Effective Date of This Action August 17, 2006 10. Method of Payment: Electronic Funds Transfer 11. Grant Award and Deliverables (See following two pages Seismic Retrofit of the Kodiak High School Library Wing Grant Amount: Estimated administrative allowance (see Total Awarded Amount: $465,618 and Sub - Grantees' Handbook) as described in the agreed upon application. $455,508 also 11.13 below):$10,110 Grant # 1584.0003 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. see Aeacemenr 7RApplicable See attached FEMA award letter for special conditions. 13. Grant Requirements, Assurances and Agreements: (continued on reverse side of Agreement) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. (GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer Printed Name: Karleton Short Date: Phone: 907 - 486 -9320 Fax: 907 -486 -9399 Email: kshort kib.co.kodiak.ak.us 16. Signature of Local Jurisdiction's Signatory Official tic Phone: �.4 Printed Name and Titl ick Gifford, Borough Manager Date: • 4 0 a 907 -486 -9301 Fax: 907 -486 -9374 Email: rgifford @kib.co.kodiak.ak.us 11\ HS&EM Signat' 0 'al (N ' e an( \\ \ Title) V \ 1 .� 1�'` David . Liebersbach, Governor's Authorized Representative Date � r� ..) , \ j c X'Plans_PreparednessM1 meat ton 1584 04 Kakiovik. 15114 -0003 Kodiak Island Borough High School Lib 158441003 grans agreemeni.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for Hazard Mitigation Grant Program Grant No. 1584.0003 Revised Jan 2006 11. The total allocation of the North Slope Severe Winter Storm Disaster awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $625,312 under Federal Grant DR -1584, CFDA# 97.039. The Kodiak Island Borough has been awarded $455,508, which shall be used to support activities essential to the seismic retrofit of the Kodiak High School Library Wing. If the cost of the project at the time of termination is less than the awarded amount, the actual cost will be substituted above. DHS &EM shall not be obligated to disburse more than the above amount unless that additional amount has been approved in advance by both DHS &EM and the SUB - GRANTEE and is incorporated by written amendment to this Grant Agreement. The performance period of this award ends on August 17, 2008 Project deliverables identified in the approved project scope of work must be completed by this date. 11.1 Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Reports to the Project Manager at DHS &EM. The most current blank forms are attached and may be reproduced. Quarterly reports are due: Q1 October 1 - December 31 Report due January 20 (Include annual Property inventory Report) 02 January 1 - March 31 Report due April 20 Q3 April 1 - June 30 Report due July 20 Q4 July 1 - September 30 Report due October 20 Narrative reports shall compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Include any significant events or activities. Financial reports shall show receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. 11.2 Time of Performance: The Sub - Grantee shall complete the project within the performance period as stated above. The Sub - Grantee may request that DHS &EM extend the deadline for grant agreement completion in the event of extenuating circumstances. All requests must give a detailed justification in writing. 11.3 Reimbursements: See Sub - Grantees' Handbook, p. 6. Expenditure reimbursement may be requested at any time. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name/wage /hours, cost allocation, warrants, etc.). Payroll reports that capture this information, signed and certified by the Chief Financial Officer, are also acceptable. Copies of all contracts for services shall be submitted to DHS &EM. Contract deliverables must meet the intent of the grant application and grant requirements. Staff may not self-certify their own time and wages. Cash payments may be withheld pending correction of deficiencies in required reports. Indirect costs are not allowed. 11.4 Advance of Funds: See Sub - Grantees' Handbook, p. 6. 11.5 Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit a final report and DHS &EM form 30 -04HM. DHS &EM will conduct final inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right to withhold disbursement of final payment to the Sub - Grantee until the project has been completed and given final approval by DHS &EM. 11.6 Penalty for Non - Compliance: Reimbursements may be partially or wholly withheld, or the award may be wholly or partly suspended, or terminated for the reasons listed below. DHS &EM shall notify the Kodiak Island Borough of its decision in writing 30 days prior to any such termination. The Kodiak Island Borough must respond within 5 days of receipt of the notification. 11.6.1 Unwillingness or inability to attain project goals 11.6.2 Unwillingness or inability to adhere to Special Conditions listed in Block 12, if applicable 11.6.3 Inability to adhere to grant guidelines and federal compliance requirements 11.6.4 Improper procedures regarding contracts and procurements 11.6.5 Inability to submit reliable and /or timely reports 11.6.6 Any misrepresentation, error, or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. 11.7 Sub - recipient Monitoring Policy: DHS &EM reserves the right to periodically monitor the Kodiak Island Borough's financial policies and procedures, records, systems, means of allocating and tracking costs, maintenance of current financial data, procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), program operations, and other concerns relative to this award. This may include desk and field audits. Technical assistance is available from DHS &EM staff. 11.8 Conflict of interest: No officer or employee of DHS &EM; no member, officer, or employee of the Sub - Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub - Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. The Sub - Grantee must certify they comply with the State of Alaska 'Ethics Information for Members of Boards and Commissions, and that they comply with AS 39.52. Available at http: / /www.law. state. ak .us /pdf /ethirs/b&cbooktext.pdf. 11.9 Political Activity: No portion of the funds provided herein may be used for any partisan political activity. 11.10 Changes to Award: The Sub - Grantee or DHS &EM may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by DHS &EM and the Sub - Grantee. All change requests must be submitted in writing or electronically to the Project Manager for review and approval, accompanied by a narrative justification and spending plan. Changes must be consistent with the scope of the project and grant guidelines. Revisions to the Scope of Work, extension of the performance period, changes in key persons specified in an application or the grant award, contractual services for activities central to the purposes of the award, requests for additional funding will result in an amendment to this award. 11.11 Waivers: No conditions or provisions of this Grant Agreement can be waived unless approved by DHS &EM in writing. 11.12 Non - reimbursable Expenses: Indirect costs are not allowable under this grant 11.13 Administrative Allowance: The Sub - Grantee is eligible to receive federal administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified in 44 CFR Section 13 Subpart C. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant. Administrative costs are based on'the following percentages of total net eligible costs: For the first $100,000 of net eligible costs three percent of such costs. For the next $900,000, two percent of such costs. For the next $4,000,000, one percent of such costs. For those costs over $5,000,000, one -half percent of such costs The Sub - Grantee must retain records of how the Administrative Allowance is spent and must submit quarterly reports on total expenditures. The applicants records need not be submitted; however they must be retained by the applicant for three (3) years beyond date of closeout for the disaster. These records are subject to audit. 13. We. the Signatory Officials, do hereby assure and certify: 13.1 The performance period for this grant award is August 17, 2006 through August 17, 2008. Funds may not be obligated outside of this time period. 13.2 All expenditures must be certified and signed by the responsible financial officer indicating that such expenditures have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. 13.3 My contract entered into during this grant period shall comply with local, state and federal govemment contracting regulations. 13 4 Records shall be maintained for a period of three (3) years following the date of the closure of the disaster, or audit if required. 2 13.5 As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB Circular A -133. The sub - recipient will permit the State of Alaska Project and Program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB CircularA -133. Copies of audit findings must be submitted to DHS &EM within 30 days after the sub - recipient receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2AAC 45.010. The Federal agency name, program, grant number, and year; the CFDA title and number, and the name of the pass- through agency will be included. 3.6 The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with .obbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 13.7 Procurement shall comply with local procurement policies and procedures, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 28 CFR Parts 66 & 70, and OMB Circular A -102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments" Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Sole- source procurements and all purchases in excess of $100,000 require prior approval of DHS &EM. 13.8 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 13.9 Our agents will perform all obligations under this Grant Agreement as independent contractors and not in any manner as agents of DHS &EM. 13.10 This Hazard Mitigation Project Grant shall be govemed by, and we will comply with, all applicable provisions of Alaska Statutes, Alaska Administrative Code, 44 CFR and DHS &EM policies and guidelines, including the Administrative Plan. 13.11 We will protect, save, and hold harmless DHS &EM and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub - Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. We further agree to defend DHS &EM and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of DHS &EM or the State of Alaska or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of DHS &EM and the State of Alaska and their agents or employees, and the Sub - Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub - Grantee, or Sub - Grantee's agents or employees. 13.12 Hazard Mitigation funds will not be used to supplant State or local funds. Hazard Mitigation Grants cannot be used for projects funded by other Federal programs. 13.13 Our employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. Available at http:// uscfs. gov/ graphicsfformsfee /forms/files/i -9.pdf 13.14 Our workplace will meet all applicable federal and state safety and health regulations that are in effect during the grant period. 13.15 We shall maintain an effective property management system, including a Property Inventory Report submitted annually each January 20 with the Financial Progress Report safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition, and disposition procedures See Sub - Grantees' Handbook, p. 8. The Sub - recipient agrees that, when practicable, any equipment purchased with the grant funding shall be prominently marked as follows: Purchased with funds provided by the U.S. Department of Homeland Security. 13.16 The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This Document was prepared under a grant from the United States Department of Homeland Security/FEMA, and the Alaska Division of 'omeland Security and Emergency Management Points of view or opinions expressed in this document are those of the authors and do of necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security/FEMA, or the State of Alaska. Initial here r 3 SPECIAL REQUIREMENTS AND ASSURANCES Note: This list is not intended to be exhaustive and does not indicate lack of additional applicable legal requirements. 1. STATE AND FEDERAL LAWS TO BE OBSERVED The Sub - Grantee must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by DHS &EM that they include all relevant laws. It is the Sub - Grantee's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of DHS &EM. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY PROCUREMENT REGULATIONS, 44CFR Section 1336(b) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(6) through (i). 3. PUBLIC LAW 88 - 352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part 1) The Sub - Grantee must comply with the provisions of `Public Law 88-352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. 4. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The Sub - Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 5. AMERICANS WITH DISABILITIES ACT ( U.S.C. 12101, et seq.) The Sub - Grantee shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the Sub - Grantee in four principle ways in respect to: a. employment; b. the provision of public services; c. transportation; d. existing facilities and new construction. 6. COPELAND ACT (Anti - Kickback Act) (40 U.S.C. 276c) The Sub - Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. 7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( U.S.C. 327 et seq.) The Sub - Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one -half times the basic rate is paid for the overtime hours. If the Act is violated, the Sub - Grantee or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. 8. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.0 Section 4321 et seq., and 24 CFR Part 58 The Sub - Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the Sub - Grantee must also submit environmental certifications to DHS &EM when requesting that funds be released for the project. The Sub - Grantee must certify that the proposed project will not significantly impact the environment and that the Sub - Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 9. U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A - 133, AUDITS OF STATE AND LOCAL GOVERNMENTS The Sub - Grantee shall comply with the requirements of Federal Circular A -I33, which requires that the Sub - Grantee expending $300,000 ($500,000 for fiscal year ending after December 31.2003)or more in federal funds during the applicant's fiscal year to have an audit made for that year. a. Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office (GAO); b. The Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -7507) c. Revised OMB Circular A -I 33 Audits of States, Local Governments, and Non -Profit Organizations issued by the U.S. Office of Management and Budget (OMB). d. 44 CFR 13.26 (b), Grantees and sub - grantees are responsible for obtaining audits LAW the Single Audit Act Amendments of 1996 (31 U. /S.C. 7501- 7507) 4 PROJECT DEVELOPMENT AND CONSTRUCTION SCHEDULE ATTACHMENT 1 City of «City », Alaska «Project Title» DHS &EM DESCRIPTION OF ACTIVITY/TASK SCHEDULE COMPLETION DATE ESTIMATED COST $ / %PROJECT 5 ATTACHMENT 2 l .S. Department ofJustice Office of Justice Programs Office of the Comptroller CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBIUTY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determme the certification to which they are recurred to attest Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements water 28 CFR Part 69, New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non pro-curementland Government -wide Requirements for Drug- Free Workplace 'Grants)" The certifications shall be treated as a material representation of fact upon wh idt reliance will be placed when the Department of Justice determines to award the covered transaction. grant, or cooperative agreement I. LOBBYING _ As required by Section 1352.1 rtle 31 of the U.S . Code and mtptoattente d at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000. as defined at 28 CFR Pail 69. the applicant certifies that: at No Federal appropriated funds have been paid or will be paid, by or on behalf of the tmdastglned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative ageement, and the extension, contmttuton;' renewal. amendment or modification of any Federal grant or cooperative agreement: IN Inane funds other than Federal appropriated funds have been paid or will be paid to any person fir influencing or at- tempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal grant or cooperative agreement the undersigned shall complete and submit Standard Fomt - LLL "Disclosure of Lobbying Activities," in accordance with its instructions:. I c 1 The undersemed shall require that the language of this cer- tification be included in the award documents for all subawards at all has 'including subgranu. contract, under grants and cwoperatrve agreements. and subcontracts) and that all sub - recipients shall certify and disclose accordingly 2. DEBARMENT, SISPENSION. AND OTHER RESPONSIBILITY %TATTERS tDIRE(T RECIPIENT' As required by Executive Order 12549. Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec• nvc participants in primar cowered transactions, as defined at 28 CFR Part 67. Section 6' 510 -- A The applicant certifies that it and its principals' tat Are not presently debarred. suspended, proposed for debar- ment declared melt Bible. sentenced to a denial of Federal benefits by a State or Federal corm, or voluntarily excluded from covered transactions by any Federal department or agency: Ibl Have not within a three-year period [acceding this application been convicted of or had a coil tudement rendered against them fur commission of fraud re a criminal offense in connec- public l Federal, State, or local I transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of anbeulement, theft fingers ,, bribers. falsification or destruction of records, making false statements, or receiving stolen property: 1 c 1 Are not presently indicted for or otherwise crop ew Ili• or civ illy charged by agovernmentsI entity (Federal, State. or local) with commission of any of the offenses enumerated in pars graph WIN }IN of this certification: and ldl Have not within a three -year period preceding this application had one or more public transactions (Federal, State. to 'mall terminated for cause or defauh:and B Where the applicant is unable to certify to any of the statements in this certification. he or she shall attach an explananon to this application 3. DRUG-FREE: AAORLKPLAC (GRANTEES OTHER THAN INDIVIDUALS, As required by the thug -Free W orkp lace .Act of 1988, and implemented at 28 CFR Part 6 7 . Subpart F. for grantees. as defined at 28 CFR Part 67 Sections 67 615 and 67.620— A. The appl nant certifies that it will or will continue to provide a drug -free workplace by rat Publishing a statement notifying employees that the unlawful manufacture. distribution, dispensing. possession. or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: lb) Establishing an on -going drug- free awareness program to inform ernpkwees about— II) The dangers of d rue abuse in the workplace: 12) The grantees policy of maintaining a drug -free workplace: (31 Any available drug counseling rehabilitation, and employee assistance programs: and i 1 The pens hies that nos be imposed upon employees for drug abuse v Lola nors occurring in the workplace. ICI Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph fat: I dl Notify-in it the emp lovec In the statenrci1 required by paragraph tai that. as a condition ofemplos meet under the grant. I i t Abide by the terms of the statement: and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than Rye calendar days after such conviction le) Notifying the agency, in writing, within 10 calendar day s after receiving notice under subparagraph (c114 2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title. to: Department of Justice. Office of Justice Programs, .ATTN. Control Desk, 810 it Street. NW. Washington. D C 20531 Notice shall include the identification numbersl of each affected grant tit Taking one of the following actions within 30 calendar days of recei N. mg notice under subparagraph (d)(2), with respect to any employee who is so convicted— I! Taking appropriate personnel action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation Act of 1973. as amended. or 12) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State. or local health. law enkrrcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug• free workplace through implementation of paragraphs (a), (bl. Ict td). (e). audit) B The grantee may insert in the space provided below the sne(s) for the performance of work done in connection with the specific grant Place of Pertimnance (Street address. city, county, state. tip code) As the duly authorized representative of the applicant 1 hereby certify that the applicant will comply with the above certifications I Grantee Name and Address. .Application Number and or Protect Name 4 Typed 'same and stile of Authorized Representative A Signature Check if there are workplaces on the that are not identified here. Section 67. 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be inc luded with each ap- plication for Department of Justice funding. States and State agencies may elms to use OJP Form 4061 :'7 Check if the State has elected to complete OJP Foam 4061 7 DRUG -FREE VtORfPLACCE (GRANTEES WNO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C FR Part 67. Subpart F. for grantees, as defined at 28 CFR Part 67: Sections 67. 5 and 67 620- - .A..As a conduit of the !;rant 1 certify that I will not engage in the unlawful manufacture. distribution, dispensing. posses- sion. or use of a controlled substance in conducting any activity with the grant and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity. I will report the conviction, in writing, within 10 calendar dais of the conviction . to Department of Just Office of Jusnce 3 Grantee IRS.V:rem Number o Date August 7, 2006 Dave Liebersbach, Director Division of Homeland Security and Emergency Management Department of Military and Veteran Affairs P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 Dear Mr. Liebersbach: U.S. Department of Homeland Security Region X 130 228th Street, SW Bothell, WA 98021 -9796 FEMA • The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) Region X has approved and obligated funding for the following project submitted under the Hazard Mitigation Grant Program (IIMGP): 1584.0003R Kodiak High School Library Wing Seismic Retrofit Project. The total project cost is $455,508 which includes $341,631 federal share and $113,877 non - federal share. Additionally, grantee administrative allowances in the amount of $7,296, and subgrantee administrative allowances in the amount of $10,110 are also included. Total obligation is $359,037. Obligation paperwork is included. The subgrantee states in the application that the project can be completed within twelve months of acceptance of the grant. This project has been approved as compliant with the National Environmental Policy Act (NEPA) with the following conditions: 1. Any change to the approved scope of work will require resubmission through the state to FEMA and require reevaluation for re- evaluation for compliance with the National Environmental Policy Act. 2. Applicant shall obtain all required local, state, tribal and federal permits and approvals prior to implementation of the proposed project and comply with any and all conditions imposed. 3. The applicant is responsible for selecting, implementing, monitoring and maintaining Best Management Practices (BMPs) to control erosion and sediment, reduce spills and pollution, and provide habitat protection. 4. Contractor must certify to applicant that materials for backfill are derived from an approved, upland borrow site that has undergone review under Alaska Statute 41.35.70 ( "Preservation of Historic, Prehistoric and Archaeological Resources Threatened by Public Construction "). Reusing the material excavated from around the footings is acceptable. www.fema.gov 5. In the event historically or archaeologically significant materials or sites (or evidence thereof) are discovered during the implementation of the project, the project shall be halted and all reasonable measures taken to avoid or minimize harm to property until such time as FEMA, in consultation with the State Historic Preservation Officer (SHPO), determines appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. 6. The applicant is responsible for the disposal of all materials, including but not limited to debris, hazardous, and construction in an approved manner and at an approved disposal site, in accordance with requirements of the Alaska Department of Environmental Conservation (DEC). If you have questions, please call Terry Scanland at 425.487.4698. Enclosures TS:gb Sine ..:1 Carl L. Cook, Jr., Director Mitigation Division del:rss:ewb Dear Mr. Gifford, Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 I! vcsi Enclosures: 2 Grant Agreements Sub - Grantee's Handbook CD of Sub - Grantee Forms DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 22, 2006 Enclosed is the grant agreement for the Kodiak High School Library Wing seismic retrofit you applied for. The total awarded amount for this project is $455,508. You will find the terms of the grant and procedures to follow in the administration of the grant on the agreement itself and in the included Sub - Grantee's Handbook. For your convenience, I have also included a CD with electronic copies of all of the forms you may need in relation to this grant. You will find two copies of the grant agreement enclosed; one is for your records and the other is for ours. Please return one copy to our grants administrator, Elizabet Bernhardt, after signing it and initialing the third page. If you have any questions, please contact Ms. Bernhardt at (907) 428 -7078 or elizabet_bernhardt@ak- prepared.com. David E. Liebersbach Governor's Authorized Representative X-kPlans_Preparcdncu \Mitigation \1584 04 Kaktonk \1584 -0003 Kodiak Island Borough High School Lib arr 1584 -0003 grant agreement coverletter.doc FRANKMURKOWSKJ, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 Fax: (907) 428 -7009 Toll Free: (800)478 -2337 www.ak- prepared.com EMU AUG 2 5 2006 KIB MANAGER Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 19, 2006 Item No. 13.D.1 Appointment to the Parks and Recreation Committee. Ms. Cassandra Juenger submitted her application on May 4, 2006. There are currently two seats vacant on the board with terms to expire December 31, 2007 and December 31, 2008. APPROVAL FOR AGENDA: €,4of 5.0 Recommended motion: Move to confirm the mayoral appointment of Cassandra Juenger to a seat on the Parks and Recreation Committee for a term to expire December 31, 2008. Name Pam Foreman 1637 Three Sisters Way Kodiak, AK 99615 Vacant Vacant Ian Fulp (City Parks & Rec, non - voting) 410 Cedar St Kodiak, AK 99615 Roy Brawn (School Bd Rep, non - voting) 323 Carolyn St., Suite 104 Kodiak, AK 99615 Revision date: 08/25/2006 Revised by: jb KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2007 486 -2588 486 -4782 Email pam @kodiak.org Kevin Foster 2008 486 -0283 saltrycove @yahoo.com PO Box 3693 Kodiak, AK 99615 Jeff Huntley 2006 486 -4013 486 -7620 mhuntley @ptialaska.net 1015 Pine Crescent Kodiak, AK 99615 Patrick Saltonstall 2006 486 -2634 486 -7004 pgsalton @gci.net P.O. Box 3553 Kodiak, AK 99615 Andy Schroeder 2007 481 -1121 539 -1979 aschroeder @gci.net P.O. Box 301 Kodiak, AK 99615 Mike Sirofchuck 2008 486 -6498 481 -2578 v34 @gci.net PO Box 970 Kodiak, AK 99615 Hans Tschersich 2006 486 -5648 486 -9521 xrayhans @yahoo.com Need current address Kodiak, AK 99615 2007 2008 Barbara Williams (Assembly Rep, non - voting) 486 -6187 snoskwrl @gci.net P.O. Box 4146 Kodiak, AK 99615 Wayne Biessel (State Rep, non-voting) 486 -6339 wayne_biessel @dnr.state.ak.us SR 3800 Kodiak, AK 99615 486 -5071 486 -4342 polariskodiak @gci.net * ** (School Bd Rep, non - voting) 481 -3745 486 -3745 s1a3745 @yahoo.com * ** (Student Rep, non - voting) 486 -8670 ifulp @city.kodiak.ak.us Staff: Duane Dvorak, Community Development Assoc. Planner /LRP 486 -9362 ddvorak @kib.co.kodiak.ak.us Sheila Smith, Community Development Secretary 486 -9363 ssmith @kib.co.kodiak.ak.us NAME: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH C 710 MILL BAY ROAD KODIAK, ALASKA 9961 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL: jnielsen @kib.co.kodi BOARD APPLICATION C 55c.noy J rev, erf HOME PHONE: 4 g 6 - - .aa WORK PHONE: 4.86 -ri 3a„ E-MAIL: STREET ADDRESS: .3g 4- r MAILING ADDRESS: PO ago I D CEodE MAY - 4 2006 D .ak. BOROUGH CLERK'S OFFICE C QS.ka✓ld /Ci 1-D,3 LENGTH OF RESIDENCE IN KODIAK: t o 1 0 4' IN ALASKA: I0 (a C1' ARE YOU A REGISTERED VOTER IN KODIAK ? YES ( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES () NO ( COMMUNITY ACTIVITIES: O RANI ioer o't' Fro n �r �G� �; C 'bu rl / ✓o (A)0 untie i . CrS,S Ce-vtTe.,r PROFESSIONAL ACTIVITIES: C> EO A „ AS F r��rn� err AREA OF EXPERTISE AND /OR EDUCATION: Lt;se-r o4 ft:.rk5 e - ti I -[ r d�c.cae.S, Z H 40 ✓:s,+ c' l -tSc'i r�Gre.G,�,anc` �a ,TIP.S `1rc,4ef4t - Loa bU II A IN S I ON THE FOLLOWING BOARD) (List order of preference) 1. Ya r ms s EGrec *Io 2. 3. 4. C G/d v cti + c Q'^ziwo,s--, Signature Voter ID No Verified By' Applicants Residence: Date Appointed: Term Expires on: Comments: City Date - STAFF USE ONLY - 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 Documentation: Appointment Letter: Roster: Oat of Office: Financial Disclosure: h Sections: Chapter 2.43 PARKS AND RECREATION COMMITTEE 2.43.010 Committee created -- Duties. 2.43.020 Appointment, terms, and procedures. 2.43.030 Administrative assistance. 2 - 51 2.43.010 -- 2.43.020 2.43.010 Committee created -- Duties. There is established the Kodiak Island Borough parks and recreation committee consisting of nine (9) voting members who are residents of the borough and represent a cross - section of the social and economic structure of the community. One (1) assemblymember, one (1) planning and zoning commissioner, the city parks and recreation director, the state park ranger, and a school board representative shall be nonvoting ex officio members of the committee and may participate in all discussions and assigned duties. The committee is empowered to: A. Identify existing and future recreation demands including indoor and outdoor recreation; B. Evaluate existing and future recreation needs; C. Generate priorities and action plans including a capital improvement program for parks and recreation; and D. Review and recommend revisions as necessary to the adopted comprehensive parks and recreation plan. All such plans and recommendations shall be reviewed by the planning and zoning commission prior to presentation to the manager and assembly. (Ord. FY2006 -04 §2 (part), 2005; Ord. 03 -07 §2 (part), 2003; Ord. 2002 -15 §2 (part), 2002; Ord. 99 -09 §2 (part), 1999; Ord. 98 -02 §8 (part), 1998; Ord. 96 -16 §2 (part), 1996; Ord. 93 -61 §2(part), 1993; Ord. 85 -26 -0 §1(part), 1985; Ord. 82 -36 -0 §1(part), 1982). 2.43.020 Appointment, terms, and procedures. Members of the committee shall be appointed b the ma or subject to confirmation by the assembly. Members shall serve three (3) year erms except that of the initial nine (9) members, three (3) shall be appointed for three (3) year terms, three (3) for two (2) year terms and three (3) for one (1) year terms. The committee shall designate its chair and other officers as provided in bylaws approved by the assembly. No additions or changes may be made in the bylaws unless specifically approved by the assembly. Meetings shall be public except that executive sessions may be held in accordance with subsection 2.17.030(E) of this title. The committee shall meet at least quarterly at times and places designated by the chair, but meetings need not be held if no business is pending. The chair or a majority of the committee may call a special meeting. The committee shall give reasonable public notice of its meetings. Vacancies occur and are filled as provided in section 2.16.060 of this title for assemblymembers. (Ord. 03 -07 §3(part), 2003; Ord. 98 -02 §8 (part), 1998; Ord. 85 -26- 0 §1(part), 1985; Ord. 85 -2 -0 (part), 1985; Ord. 82 -36) §1(part), 1982). (Km 12/05) Supp. #44 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Gary Carver X Dave King X Bill Oliver X Andy Teuber X Thomas Trosvig X CALL TO ORDER Gravel Task Force Minutes KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITT REGULAR MEETING -JULY 17, 200 MINUTES The meeting of the Gravel Task Force Committee was called to order at 5:30 p.m. by CHAIR LYDICK on July 17, 2006 in the KIB conference room. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER OLIVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 4 -0. APPROVAL OF MINUTES COMMITTEE MEMBER CARVER MOVED TO APPROVE the minutes from June 5, 2006 and July 3, 2006 as presented. The motion was SECONDED by COMMITTEE MEMBER OLIVER, and it CARRIED 4 -0. COMMITTEE MEMBER TOM ABELL joined the meeting. OLD BUSINESS A. Interim Report of the Gravel Task Force to be presented to the Kodiak Island Borough Assembly at the July 6, 2006 Regular Meeting of the Assembly. The committee had a brief discussion. COMMITTEE MEMBER OLIVER is concerned about the report saying there is a 10 million yards available counting Kalsin Bay and Middle Bay, which isn't very good rock, and the Coast Guard land probably has good material but is not available. LYDICK explained that Bud Cassidy has the overtures to the Coast Guard expressing a borough interest in that property should it become available. The borough wanted to July 17, 2006 Page 1 of 3 ensure we were first in line. He hasn't received any formal notification if it has been accepted or where it sits at the chain of command. COMMITTEE MEMBER CARVER stated the summary reads however, permission has not been sought for this work on the USCS site through the land planner of the local Kodiak Coast Guard base. He said there is a difference between acquiring the land and digging holes to see what is there. This document also adds that estimate of gravel into the amount available, which that is over optimistic because if the Coast Guard decides to not give us the land then we have a much smaller amount that we can use. COMMITTEE MEMBER ABELL said he was going to ask to have it put on the Assembly work session agenda. LYDICK asked if we will work on both properties, the one on the fairgrounds and Salonie Creek. COMMITTEE MEMBER CARVER stated we have to get permission because the fairgrounds is not our property, and Salonie Creek we can dig on as soon as the Borough approves it. COMMITTEE MEMBER OLIVER said we should concentrate on Salonie Creek for now because we need to know what is there. There is probably one million yards in the A Tract. LYDICK stated where $25,000 or less is concerned, there may be procedures available to the Borough to expedite a situation where we can dig test holes and start preliminary assaying without going out to full blown contracting procedures, as long as we make it competitively available to those interested in doing this type of work. We are running out of time. NEW BUSINESS A. Project description, design and scope of assaying work related to earth materials resources on designated sites. COMMITTEE MEMBER ABELL stated two or three years ago $15,000 was approved by the Assembly to pay $15,000 in partnership with Brechan Enterprises to dig test holes in Salonie Creek. If Brechan would still care to do that, it was approved. The conversation at that time was that Brechan would do the digging for free and we would pay $15,000 for the testing. Discussion on the digging of holes. COMMITTEE MEMBER CARVER said if they don't find anything worthwhile after digging six holes then it probably isn't a good place to go. That will resolve that issue and how that comes out has a lot to do with what is alleged in the report that was sent off that says if we add it all up it should work. Otherwise, the report should be sent off saying the Gravel Committee has made their best guess and has come to the conclusion that there is not enough gravel to last for 30 years. LYDICK stated he is calendaring for July to resurrect the old $15,000 Brechan agreement. Can it be amended if we need another operator if Brechan is no longer Gravel Task Force Minutes July 17, 2006 Page 2 of 3 interested? If we get can it done in August, we will actually dig the holes, get the samples sent off, and get the results back in just a few days. COMMITTEE MEMBER OLIVER said he will talk to Jim at Brechan tomorrow to see if they are still willing to do this. He will also talk to Bob to see if he would bag dirt for samples. COMMITTEE MEMBER CARVER said he is willing to go out and bag dirt for samples. LYDICK stated he is calendaring the sampling to take place. COMMUNICATIONS i) Notification to Melvin Squartsoff of intent to declare seat vacancy. ii) Notification to Gene Anderson of intent to declare seat vacancy. iii) Notification to Howard Weston of intent to declare seat vacancy. REPORTS Meeting schedule: August 7, 2006 at 5:30 p.m. in the KM conference room ADJOURNMENT The meeting adjourned at 6:20 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: September 11, 2006 Gravel Task Force Minutes By: KODIAK ISLAND BOROUGH L TASK FORCE MITTEE Martin Lydic Chat July 17, 2006 Page 3 of 3 PLEDGE OF ALLEGIANCE Absent: Elizabeth Odell, excused Corrisa Smith, excused A quorum was established. ALSO PRESENT: MINUTES: Dave Jones Steve Kreber Wes Hanna Lisa Johnson Heather Preece Valerie Wilde Amy Fogle William Roberts KODIAK ISLAND BOROUGH SCHOOL DISTRI Board of Education Regular Meeting — July 31, 2006 BOROUGH CLERK'S OFFICE The Board of Education of the Kodiak Island Borough School District met in regular session on July 31, 2006, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Roy Brown called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present: Norm Wooten Scott Arndt Jeff Stephan Roy Brown Karen Boehler Gregg Hacker Larry LeDoux Janel Keplinger Rae Jean Blaschka Sarni King Sharon Horn Laurie Busness Stewart McDonald Bill Watkins Steve Doerksen Sandra West Steve Rounsaville Christie Kinter The minutes of the Regular Meeting of June 19, 2006 and the Special Meetings of June 29, 2006, and July 17, 2006 were to be considered for approval and/or correction. ECIEDlIE OCT - 6 2006 MOTION SCOTT ARNDT moved to approve the minutes of the Regular Meeting of June 19, 2006 and the Special Meetings of June 29, 2006, and July 17, 2006 as presented. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 2 RECOGNITION OF VISITORS: Director of Finance Dave Jones welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS. None CORRESPONDENCE: None PROGRAM/STAFF REPORTS: None SUPERINTENDENT'S REPORT: 1. Director of Finance Dave Jones apprised the listening audience that schools are starting around Kodiak Island at the end of August. Kodiak High School and Kodiak Middle School start on August 28 for students; Kodiak elementary schools begin with family conferences on August 28 with August 29 being the first day for first through sixth grade students. Kindergarten students start on Tuesday, September 5. UNFINISHED BUSINESS: 1. School Board Policy Section 5.42, Compulsory Attendance, Second Reading and Public Hearing - At the June 5, 2006, Work Session, Board members reviewed School Board Policy Section 5.42, Compulsory Attendance and at the June 19, 2006, Regular Meeting approved the change to this section in the first reading. This revision to the policy would allow for students who exceed 15 absences to be retained in the same grade the following year. MOTION NORM WOOTEN moved to adopt the revision to School Board Policy Section 5.42, Compulsory Attendance, as presented in the second reading. JEFF STEPHAN seconded the motion. At 7:08 p.m. the Regular Meeting was closed and a Public Hearing opened. There being no public comment, at 7:10 p.m. the Public Hearing was closed and the Regular Meeting reopened. Roll call was taken on the vote. NAYES — Scott Amdt; AYES — Norm Wooten, Elizabeth Odell, Jeff Stephan, Roy Brown. MOTION PASSES. SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 3 2. School Board Policy Section 5.58, Physical Activity and Nutrition, Second Reading and Public Hearing - The District's Wellness Policy Committee has been meeting since January 12, 2006, to consider language for the needed Wellness Policy to meet the mandates of the Child Nutrition Act Reauthorization of 2004, which requires that all districts have a policy in place by the beginning of the 2006/2007 school year. MOTION JEFF STEPHAN moved to adopt the School Board Policy Section 5.58, Physical Education and Nutrition, as presented in the second reading. SCOTT ARNDT seconded the motion At 7:16 p.m. the Regular Meeting was closed and a Public Hearing opened. Family nurse practionner Rae Jean Blaschka stated that schools should provide a safe and healthy environment for children to learn and that every choice should be a healthy choice. Schools should be consistent as low nutritional foods send mixed messages. Substitute those foods with healthy selections. She shared that she is excited about the possibility of working with a wellness coordinator and thanked the Board for supporting the policy. Community member and parent Amy Fogle shared that she has read through the wellness policy and while she would love to see all kids eat healthy, she believes it needs to be taught at home. Without a doubt the policy will affect activities and the Booster Club which consists of volunteers that contribute one hundred percent of the funds directly to students and their activities. The funds generated by the Booster Club support all the c- team and junior varsity travel. Kodiak is a diverse community and it will be very difficult to find other ways to raise funds for activities. She is concerned about the loss of activities as they are a very important part of this community. Students will leave the campus in order to get the foods that they like to eat. She also believes that as high school student, they should be able to make choices. She stated that the Kodiak Football League has a liquor license for their fundraising. Director of Finance Dave Jones shared that the Kodiak Football League does not have a liquor license. Kodiak High School principal Karen Boehler shared that she spent some of her day researching the revenue generated by the Booster Club's coffee cart and Bears Den and that it could become a real conundrum with real possibilities of losing funds. She absolutely wants students to be healthy and asked Board members to support a phase -in process. She cautioned that this is opening up the door to look at the school lunch program as well as concessions during, before and after school. She realizes that we are in for a big change but everyone is willing to do their best. Kodiak High School Activities Director Sarni King echoed sentiments about the Booster Club and the time and energy that have been put into this policy change. The Booster SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 4 Club members work hard to raise funds to make up for any shortfall activity funding and can clearly understand their frustrations. She urged the Board to proceed slowly with the implementation of the policy. Past Booster Club president Steve Rounsaville shared that one of the reasons he didn't come forward is that the Booster Club got hammered pretty heavy. He is in favor of a wellness policy and believes that it is a step in the right direction. The Booster Club is comprised of a lot of dedicated and smart people and if the high school and school board will work with them they will find what kids will eat. However, this is not going to keep candy and soda pop out of the school. Students will buy candy at Walmart and probably eat more. He shared that the people who are very concerned about healthy choices in school are not going to be around to pick up the slack. Today is the first day of fall sports and at least 90 kids showed up. He urged Board members to implement the policy slowly. Community member Sharon Horn shared that at home they try and eat healthy foods, but the children still obtain soda. If forbidden they will find a way to get it — let kids make choices and try not to hit fundraising so hard. She appreciates all the work that has been done on the policy; however, there are several guidelines that are hard to follow and will be expensive. She urged Board members to promote healthy choices as well as physical fitness and to proceed with caution. Janel Keplinger shared that she wears many hats — Booster Club member, teacher, parent and community member. She stated that it is upsetting that the Bear's Den has gotten such a bad name. If they were given the opportunity to work with the Board and high school they could provide healthy snacks for kids. There are exemplary parents who volunteer to come in early and stay all morning at the Bear's Den. It is a wonderful and positive opportunity for parents and students to volunteer. She asked the Board for guidance. Registered dietician and a member of the Wellness Committee Heather Preece shared that the ideal world would be physical activity and nutrition coming together for health. The Committee can help to provide ideas to implement changes over a gradual period. She stated that this is an opportunity to find positive and creative ways to offer healthy choices. Hopefully, this policy will be viewed as a living document and work in progress. Education is a crucial component as opposed to not about limiting choices but expanding choices. We should be encouraging all kids to make healthy choices in their environment and look at the policy as expanding choices and education and not about limiting and making rigid rules. Lisa Johnson shared that she has been a supporter and volunteer for the Booster Club for several years. She enjoys being there for kids and some times the adults at the Bear's Den are the only adult contact for students. Some students don't even want to buy anything but just want to talk. While volunteering at the Bear's Den and coffee cart, adults are SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 5 visible and can see situations that may aide administration in safety issues. The Booster Club funds the junior varsity and c -team sports and fundraises so that those teams can travel off the island at least once a year. Students will go off campus to buy the foods they want, sometimes making them late for class or not coming back at all. She stated that students will be spending more money at stores that will not necessarily give additional money to activities. AMENDMENT SCOTT ARNDT moved to amend the original motion to implement the Wellness Policy over a period of five years with no impact the first year, twenty -five percent the second year; fifty percent the third year and seventy -five percent the fourth with full implementation the fifth year. MOTION FAILS FOR LACK OF A SECOND. Board member Norm Wooten apprised the listening audience that the Wellness Policy is a requirement placed on local school districts by the federal government and is required to be in place before the first day of school. He shared that one of the issues that bothers him the most is that more children are being afflicted with hypertension and obesity. He realizes that children who want to eat unhealthy will; however, the District should set a positive example and our schools should be an oasis of safety and a healthy place. It is his understanding that the Board is giving administration latitude to incrementally implement changes in regards to the Wellness Policy. He shared that one analogy is when students actually had a smoking area to smoke. Research determined that it was unhealthy and the schools stepped up and banned smoking areas. He is a supporter of the Booster Club and recognizes the contributions that they make to students and believes that they will grow and overcome this change in culture. He intends to support the policy as presented. Board President Roy Brown shared that the first time the topic of choices came up was during the vending machine issue. He continues to believe that students should be able to make choices and realizes that it is not the Boards intent to take over the family role. He also understands that this policy will not solve everything. He saw this issue coming from a national level and if the District wasn't proactive we would be told what to do and how to implement the policy. This is not a stopping point but a beginning point. The Board members are absolutely willing to work with the Booster Club to overcome this hurdle! It is also his recollection that this Board has a great track record supporting activities. AMENDMENT SCOTT ARNDT moved to amend the original motion to read that implementing this policy requires a substantial shift in the school culture. It is expected that, while certain components can be implemented fairly rapidly and easily at minimum cost, others will require creativity, additional sources of funding and more time. General implementation SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 6 of this policy will be administered by the school principals. The overall goal is full implementation within five years. NORM WOOTEN seconded the motion and asked for clarification. Board member Scott Arndt shared that he is not seeing the gradual implementation in the policy. This amendment would allow for diversity for different schools to implement. Board member Jeff Stephan stated that even though he fully respects Mr. Amdt's intentions, he does not want to see the implementation of the Wellness Policy delayed. He believes that the current Wellness Policy is an enlightened approach. He extended his appreciation for the tremendous contributions that the Booster Club makes and recognizes the challenge; however, there are many instances where Booster Clubs actually become more successful in their fund raising. A roll call vote was taken on the amendment. AYES — Norm Wooten, Elizabeth Odell, Jeff Stephan, Roy Brown; NAYES — Scott Arndt. MOTION FAILS. At 7:44 p.m. the Public Hearing was closed and the Regular Meeting reopened. A roll call vote was taken on the original motion and it carried unanimously of all members present. NEW BUSINESS: 1. FY 07 Final Budget - The FY 07 Final Budget was a discussion item at your July 17, 2006, Work Session. MOTION SCOTT ARNDT moved to approve the FY 07 Final Budget in the amount of $32,885,353, as presented by Director of Finance Dave Jones. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 2. 2006/2007 Certificated Contracts — Administration has one certificated contract to bring forward for Board approval. MOTION NORM WOOTEN moved to approve a certificated contract to Kathleen Kinney — MA +O/5 in the amount of $53,920, plus $1,116 village stipend for 1.0 FTE Karluk School. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 7 3. Apple Computer Lease Agreement — This item was pulled from the agenda pending the receipt of the agreement arriving. 4. 2006/2007 Kodiak College Facility Use Agreement - The 2006/2007 Kodiak College Facility Use Agreement was a business item at your July 17, 2006, Work Session. MOTION SCOTT ARNDT moved to approve the 2006/2007 Kodiak College Facility Use Agreement. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present 5. Cultural Collaborations Project Grant Intent to Apply - This grant will support an enhancement of the KACLAC program in arts and cultural programs that emphasize skill acquisition and direct participation in settings outside the school day. MOTION NORM WOOTEN moved to approve the Cultural Collaborations Project Grant Intent to Apply in the amount of $12,000, with a $12,000 District contribution from the KACLAC budget. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 6. Cultural Collaborations Access Grant Intent to Apply - This grant will support short- term arts and cultural activities during the school day at the four town elementary schools. MOTION JEFF STEPHAN moved to approve the Cultural Collaboration Access Grant Intent to Apply in the amount of $4,000, with the District providing presenter travel, lodging, and per diem costs. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for August calls for a Work Session on Monday, August 14, 2006 in the District's conference room and a Regular Meeting on Monday, August 28, 2006 in the Borough Assembly Chambers. 2. Schools island -wide will be opening their doors soon to students. COMMUNITY COMMENTS: None SCHOOL BOARD REGULAR MEETING July 31, 2006 Page 8 BOARD COMMENTS: 1. Roy Brown shared that the Board is ready and willing to move briskly with entertaining ideas to get over hurdles with the federal lunch program. The Board is not looking at implementing a wellness policy that conflicts with physical activity and is very willing to deal with issues as a result of this implementation. He asked that staff schedule a time to talk with the Booster Club as well as other organizations at the next work session regarding the implementation of the wellness policy. He extended his thanks to the Wellness Committee for all their efforts. ADJOURNMENT: SCOTT ARNDT moved to adjourn the Regular Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, President Roy Brown adjourned the Regular Meeting at 8:24 p.m. Respectfully Submitted, r Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 2:, 2006. /y PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Absent: Roy Brown, excused Elizabeth Odell, excused A quorum was established. ALSO PRESENT: MINUTES: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 28, 2006 Scott Arndt Norm Wooten Jeff Stephan Corrisa Smith Betty Walters Jack Walsh Larry LeDoux Ron Fried Steve Kreber Laurie Busness Dan Carrasco Scott Christiansen Heather Wheeler Dave Jones Bob Tucker Gregg Hacker Bill Watkins Ron Fried RECOGNITION OF VISITORS: Karen Boehler Stewart McDonald Karen Winkler Pete Jarvis Marilyn Davidson Steve Doerksen Porfiria Lopez -Trout The minutes of the Regular Meeting of July 31, 2006 and the Special Meeting of August 14, 2006 were to be considered for approval and/or correction. Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. BOROUGH CLERK'S OFFIC The Board of Education of the Kodiak Island Borough School District met in regular session on August 28, 2006, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Acting Board President Scott Arndt called the meeting to order at 7 p.m. MOTION NORM WOOTEN moved to approve the minutes of the Regular Meeting of July 31, 2006, and the minutes of the Special Meeting of August 14, 2006 as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. SCHOOL BOARD REGULAR MEETING August 28, 2006 Page 2 COMMUNITY COMMENTS: None CORRESPONDENCE: None PROGRAM/STAFF REPORTS: None SUPERINTENDENT'S REPORT: 1. Superintendent Walters welcomed back students, staff and families as well as all the volunteers who work with our schools. UNFINISHED BUSINESS: None NEW BUSINESS: 1. 2006/2007 Certificated Contracts — Administration has three certificated contracts ready for Board approval. MOTION JEFF STEPHAN moved to approve certificated contracts for the 2006/2007 school year to Lindsey Adams — BA +O /0 in the amount of $37,216 for 1.0 FTE Kodiak High School Spanish; Shannon Herbert — MA +0 /0 in the amount of $42,192 for 1.0 FTE Kodiak High School/Kodiak Middle School English as a Second Language (ESL); and Valinda "Lisa" Nelson — BA+O /6 in the amount of $48,867 for 1.0 FTE Peterson Elementary School. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 2. 2005/2006 School Report Cards to the Public - The report cards are a component of AS 14.03.120 and a reporting requirement since 1990. After School Board approval, final copies will be forwarded to the Department of Education and Early Development and will be posted on the District's website. MOTION NORM WOOTEN moved to approve the 2005/2006 School Report Cards to the Public as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. 3. 2006/2007 Karluk School Calendar - The 2006 /2007 Karluk School calendar was a business item at your August 14, 2006, Work Session and is ready for Board approval. MOTION JEFF STEPHAN moved to approve the 2006 /2007 Karluk School Calendar. NORM WOOTEN seconded the motion and it carried unanimously by a voice vote of all members present. SCHOOL BOARD REGULAR MEETING August 28, 2006 Page 3 4. 2006 — 2009 City of Kodiak, Kodiak Island Borough, Kodiak Island Borough School District Joint Use Agreement - Director of Finance Dave Jones has coordinated with the Borough and the City and the new agreement is for a three -year period. MOTION NORM WOOTEN moved to approve the 2006 — 2009 City of Kodiak, Kodiak Island Borough and Kodiak Island Borough School District Joint Use Agreement. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 5. 2006 — 2009 Kodiak Administrators Association Meet and Confer Agreement - This item was pulled from the agenda. 6. FY 07 — FY 09 Kodiak Archipelago Youth Area Watch Grant Application - This grant will provide students with opportunities to explore their environment through place -based educational activities including science camp, science fair, internships with local scientists, and access to scientists and their work. MOTION JEFF STEPHAN moved to approve the FY 07 — FY 09 Kodiak Archipelago Youth Area Watch Grant Application in the amount of $287,700. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 7. FY 07 Indian Education Act Grant Award - This grant will provide funding for aides who work with American Indian and Alaska Native students to help them make adequate yearly progress in the areas of reading, language arts, and math. MOTION NORM WOOTEN moved to accept the FY 07 Indian Education Act Grant Award in the amount of $157,298. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 8. FY 07 Alaska Community Learning Centers Program Grant Award - This grant will fund activities at Main Elementary and East Elementary focusing on increasing student achievement of below proficient students in grades 2 — 5, and provides enrichment and opportunities for students before school, after school, and in summer immersion projects. MOTION JEFF STEPHAN moved to accept the FY 07 Alaska Community Learning Centers Program Grant Award in the amount of $287,737. NORM WOOTEN seconded the motion and it carried unanimously by a roll call vote of all members present. 9. FY 08 Six - Year Capital Improvement Plan - The Facilities Review Committee believed that the District needs to concentrate first on the seismic projects and safety projects needed throughout the District then any new space projects needed. SCHOOL BOARD REGULAR MEETING August 28, 2006 Page 4 MOTION NORM WOOTEN moved to approve the FY 08 Six -Year Capital Improvement Plan as presented by Director of Maintenance and Operations Bob Tucker. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for September calls for a Work Session on Monday, September 11, 2006 in the District's conference room and a Regular Meeting on Monday, September 25, 2006 in the Borough Assembly Chambers. COMMUNITY COMMENTS: None BOARD COMMENTS: 1. Jeff Stephan welcomed staff, students and families back to school. He shared that he has been contacted by members of the community regarding the wellness policy. He also apprised the listening audience that the state is sponsoring a workshop to train District staff on the implementation of the wellness policy and that there are scholarships available through August 28, 2006 at midnight. 2. Norm Wooten shared that he spoke with students regarding the first day of school and received many positive comments! He thanked everyone involved for making it work for students. 3. Scott Arndt extended his thanks to staff, students and families who pull together to make the system work. ADJOURNMENT: NORM WOOTEN moved to adjoum the Regular Meeting. JEFF STEPHAN seconded the motion. There being no further business, Acting President Scott Amdt adjourned the Regular Meeting at 7:21 p.m. Re ectfully Submitted, Sheila Roberts Administrative Assistant SCHOOL BOARD REGULAR MEETING August 28, 2006 Page 5 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 25, 2006. PLEDGE OF ALLEGIANCE Absent: Elizabeth Odell, excused A quorum was established. ALSO PRESENT: NEW BUSINESS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 14, 2006 The Board of Education of the Kodiak Island Borough School District met in on August 14, 2006, in the School District Conference Room. Board Presiden Roy Brown called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present Norm Wooten Jeff' Stephan Roy Brown Corrisa Smith Betty Walters Heather Wheeler Karen Jarvis Linda Freed Laurie Busness Stewart McDonald Dave Jones Karen Boehler Dan Carrasco Bill Watkins Scott Christiansen Larry LeDoux Scott Arndt Jack Walsh Pete Jarvis Steve Doerksen Porfiria Lopez -Trout Casey Kelly 1. 2006/2007 Certificated Contracts — Administrators have three recommendations for certificated contracts prepared for Board approval. MOTION JEFF STEPHAN moved to approve certificated contracts for the 2006/2007 school year to Kristen Panamaroff— MA +0/0 in the amount of $42,192, plus $1,116 special education stipend for 1.0 FTE (189 days) Peterson Elementary School; Theresa Miller — MA+O/0 in the amount of $43,085 for 1.0 FTE (193) days Kodiak Middle School Counselor; and Judith Clayton — BA +0/6 in the amount of $49,655, plus $1,116 village stipend, $223 special education stipend for 1.0 FTE Port Lions School. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. IECIEllVEri l OCT 6 2006 a OFFICE SCHOOL BOARD SPECIAL MEETING August 14, 2006 Page 2 ADJOURNMENT MOTION NORM WOOTEN moved to adjourn the Special Meeting. SCOTT ARNDT seconded the motion, and it carried unanimously by a roll call vote of all members present. There being no further business, Board President Roy Brown adjoumed the Special Meeting at 7 :05 p.m. Respectfully submitted, Sheila J. Roberts Administrative Assistant 4 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of August 28, 2006. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Norm Wooten Jeff Stephan Scott Arndt Roy Brown Absent: Elizabeth Odell, excused Delayed: Corrisa Smith A quorum was established. ALSO PRESENT: Betty Walters Jack Walsh Ron Fried John Sedor Larry LeDoux Scott Christiansen Marilyn Davidson NEW BUSINESS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 11, 2006 Dave Jones Karen Boehler David Wages Peggy Tuttle Heather Wheeler Casey Kelly Gregg Hacker The Board of Education of the Kodiak Island Borough School District met in special session on September 11, 2006, in the School District Conference Room. Board President Roy Brown called the meeting to order at 7 p.m. Bill Watkins Steve Doerksen Porfiria Lopez -Trout Bob Tucker Stewart McDonald Laurie Busness AMEND Board members concurred to amend the agenda to include the Apple Computer Lease Agreement as item #3 under New Business. BOROUGH CLERK'S OFt 1. FY 07 Interlibrary Grant Agreement - This grant will allow the schools' library catalogs to be posted on the Web to allow for access and interlibrary cooperation. The District match will fund technology staff members' time and upgrades to computers at Peterson, North Star and Main, as well as supplies such as barcodes. MOTION JEFF STEPHAN moved to approve the Kodiak Island Libraries Online Grant Agreement in the amount of $29,122. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. SCHOOL BOARD SPECIAL MEETING September 11, 2006 Page 2 2. Purchase Requisition Number 110000114, Follett Software Company - This requisition is funded by the Alaska State Library through the Interlibrary Cooperation Grant Agreement Award. MOTION NORM WOOTEN moved to approve Purchase Requisition Number 110000114 to Follett Software Company in the amount of $28,781.13. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 3. Apple Computer Lease Agreement - This agreement will provide the support necessary to create four high - access digital learning classrooms and to provide project teachers with the staff development necessary to use this digital environment to maximize learning for children. The District's yearly contribution to the project will be $25,581.38 per year over the four -year life of the grant. MOTION JEFF STEPHAN moved to approve the Apple Computer Lease Agreement with an annual payment of $25,581.38. SCOTT ARNDT seconded the motion and it carried unanimously by a roll call vote of all members present. 4. Executive Session — Negotiations and Legal Matters MOTION SCOTT ARNDT moved to enter into Executive Session to discuss Negotiations and Legal Matters following the conclusion of the Work Session and to include School District Negotiator John Sedor. Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh and Director of Finance Dave Jones will also be available. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. At 7:05 p.m. the Special Meeting recessed into the regularly scheduled Work Session. Following the conclusion of the Work Session, the Special Meeting reconvened at 8:45 p.m. and recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 9:59 p.m. ADJOURNMENT MOTION SCOTT ARNDT moved to adjourn the Special Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote of all members present. SCHOOL BOARD SPECIAL MEETING September 11, 2006 Page 3 There being no further business, Board President Roy Brown adjourned the Special Meeting at 10:00 p.m. Respectfully submitted, Sheila J. Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of September 25, 2006. CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE REGULAR MEETING -JULY 25, 2006 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:06 p.m. by VICE CHAIR FOREMAN on July 25, 2006 in the Borough Conference Room. ROLL CALL Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Arndt X i gEcEovE li OCT - 3 2006 -� BOROUGH CLERK'S OFFICE Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair X Duane Dvorak Hans Tschersich X Community Development Dept. Andy Schroeder X Pam Foreman X Kevin Foster X Jeff Huntley X Patrick Saltonstall X Vacant A quorum was established. III APPROVAL OF AGENDA COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMI11iE MEMBER HUNTLEY MOVED TO APPROVE the minutes of July 11, 2006 as submitted. COMMITTEE MEMBER FOSTER SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Comprehensive Plan Comments. DVORAK reported he has provided the main web page that our consultants have put up with the draft plan, and he has provided as a back up are Chapter 7 - Transportation and Chapter 9 — Parks & Recreation. Transportation has some of the narrative pertaining to trails, and trails are considered part of the transportation system as an intermodal form of transportation. You may also find some trail, and parks and recreation material in Chapter 9. Chapters 7, 9, and 10 overlap in terms of content. There may be other chapters that are of' interest in terms of community needs. There are still placeholders that will be filled in later. He also stated the consultants July 25, 2006 Parks & Recreation Page 1 of 4 Minutes will take comments all along, but they really would like them by the end of the month so they can revise some of the chapters because they are constantly upgrading the material as submittals come in. A discussion of the plan. It was the general consensus that public service announcements need to be done, and there needs to be a way to track changes so the people who are tracking need only look at what is new. VICE CHAIR FOREMAN stated there is a certain amount of power submitting our comments as a committee because not only do our comments go through the consultants, but also through P &Z and the Assembly so it will be on record. She also said if we are going to make an official comment then we have to make it at a meeting. She feels that Matt Hastie should be made aware that we will submit our comments on August 8". After a discussion, it was the consensus of the committee that everyone should read the plan, respond to it, and if you have individual responses send them in before July 31', and then we sit down to talk about the recreation areas we feel should be preserved as recreation areas. So read the material, and bring your lists on August 8 NEW BUSINESS A) Necessity of a campground. COMMII 1EE MEMBER TSCHERSICH stated he has met people around town that complain there isn't anywhere to camp, and no public transportation. All along the waterfront in Seward there are extensive camping facilities for RV's and campers. Something like this is missing from Kodiak. Granted they may not be high paying clientele to the business community, but he pities them. Ideally, there should be a campground close to the city. Prime locations would be the grass beyond Fuller's Boat Yard and somewhere else on the island. The committee had a brief discussion. Some locations suggested were Gibson Cove, Pearson Cove, Near Island, and Rotary Park. COMMITTEE MEMBER TSCHERSICH MOVED TO RECOMMEND to the City to look into creating a camp facility close to city center. The motion FAILED due to a lack of being seconded. B) Recreational access recommendations. DVORAK stated this item should come forward with the Comp Plan Comments for the August 8 meeting. • VICE CHAIR FOREMAN stated this should be our major focus for that meeting. Review this and make your wish lists of where we want to maintain access, and then we will go through the sections. C) Selection of project for RTCA/NPS grant request. COMMITTEE MEMBER SCHROEDER stated in order to get another 3 year term of assistance from Rivers, Trails and Conservation Assistance we need to select a project that is distinctly different than the last one. One idea is "The Safe Routes to School" program to get another 3 year term of park service assistance, free trails in the Borough, linking and connecting the community with elementary schools under a Federal Grant Program that will allow $1 million to build those trails.. If we choose "Safe Routes to School" as our program for Parks Service Assistance we need to prioritize these projects to find the ones most likely to get funding. First is the Otmeloi Trails Project, which is a $3.3 million project to pave this road, add curbs and gutters, lighting, sidewalks, and trails. The funding is short and the grant for "Safe Routes to Schools" might help build that trail. In order to qualify for the "Safe Routes" program the pedestrian trail to be built must be within 1 mile of an elementary school, the bike trail must be within 2 miles of an elementary school, and they both have to be along the DOT right -of -way. It could be an extension of the RezanofBenny Benson trail. Also, Island Lake Creek Trail would be eligible for improvement. Other locations include North Star, East Elementary, and St. Mary's if there is DOT right -of -way within 1 or 2 miles. The East Elementary Trail could be an extension of the Rezanof/Benny Benson Trail. Although there isn't a right -of -way so it's not eligible for funding from "Safe Routes to School" we could designate and improve the existing trail. July 25, 2006 Parks & Recreation Page 2 of 4 Minutes The committee discussed the pictures Schroeder provided DVORAK stated he believes we were supposed to get $65, 000 to replace the bridge at Island Lake Trail, unless the Governor vetoed it. COMMII IEE MEMBER SCHROEDER MOVED to select "Safe Routes to School" as our project for National Parks Service Assistance for 2006 to 2009. COMMr11hE MEMBER SALTONSTALL SECONDED the motion, and it CARRIED unanimously. COMMITTEE MEMBER SHCROEDER wants to clarify the motion. COMMITTEE MEMBER SCHROEDER MOVED to select "Safe Routes to Schools" as our project for the term of 2006 to 2009 to forward to RTCA for RTCA assistance. COMM11 FEE MEMBER SALTONSTALL SECONDED the motion, and it CARRIED unanimously. More discussion on RTCA. COMMITTEE MEMBER FOREMAN directed DVORAK to write the letters by the end of the week, and she asked COMMITTEE MEMBER SCHROEDER to follow up on this. COMMUNICATIONS There were no communications. RE PORTS A) Meeting schedule: • August 8, 2006 regular meeting at 7:00 p.m. in the KIB Conference Room. • August 22, 2006 regular meeting at 7:00 p.m. in the KIB Conference Room. DVORAK stated the Manager's office informed him that the Director's position is being opened again due to not having any qualified applicants apply. He also reminded the committee that Sheila Smith, department secretary, will be gone for 2 months, and they will be short staffed. DVORAK also said we need to discuss the CIP list and focus on any new needs at the next meeting, so recommendation can be made. COMMITTEE MEMBER FOREMAN stated the August 8 meeting should focus on the Comp Plan. She directed Dvorak to put a copy of last year's CIP list in the packets, and then on the August 22 " agenda so we can vote on it and forward our CIP list to the Planning & Zoning Commission. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Kevin Foster inquired if the Borough has GPS, GIS, and mapping equipment. Duane Dvorak stated that we have some equipment. Hans Tschersich said he didn't come to the last meeting because no one responded to the emails, and it looked like there wasn't going to be a quorum. Pam Foreman stated the Borough code says a quorum is only established at the meeting. Our responsibility is to show up for the meetings. She also said she is quite concerned that the trails piece they worked on for quite some time with RTCA might be lost in the greater picture of the Comp Plan. Here we are again, where's the product to show for this? The 200 miles of trails we mapped, and the meta data is not going to be in the Comp Plan. July 25, 2006 Parks & Recreation Page 3 of 4 Minutes Andy Schroeder said we could add in the Comp Plan that the Parks & Recreation Committee is going to have a Trails Plan that will be accepted as part of the Comp Plan. Pam Foreman stated it was never finished because they told us not to. Duane Dvorak stated all these little plans are adding up, that it was suggested to do a Borough Wide Plan. Hans Tchersich inquired of what is going on behind the Nazarene Church because there is a lot of earth moving going on. Duane Dvorak stated they are removing the damn. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER SALTONSTALL MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and CARRIED by unanimous voice vote. The meeting adjourned at 8:45 p.m. ATTEST By: IMAM WU! Sheila Smith, Secretary Community Development Department DATE APPROVED: August 8, 2006. July 25, 2006 KODIAK ISLAND B • OUGH PARK : i . ' Off' • 114EE Parks & Recreation Page 4 of 4 Minutes Commissioners Jerrol Friend — Chair David King Gary Carver Brent Watkins Dennis McMurry Casey Janz Gary Juenger KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS 1 REGULAR MEETING X X X MINUTES JULY 19, 2006 Present Excused Absent Others Present X X X X D ECEOVE OCT - 3 2006 BOROUGH CLERK'S OFFICE CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on July 19, 2006 in the Borough Assembly Chambers. ROLL CALL Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COM IESSIONER.WATKINS, and it CARRIED 4 - APPROVAL OF MINUTES COMMISSIONER CARVER MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 - AUDIENCE COMMENTS AND APPEARANCE REQUESTS Omar Stratman stated the requirements of the subdivision Tract A requires the owners of Lots 1, 2, and 3 to possibly donate land to the borough for a future easement. He doesn't agree with this and would like this requirement taken off. DVORAK said he could pay the fee to bring it back to the Planning & Zoning Commission as a public hearing. PUBLIC HEARINGS A. Case 06 - 017. Request for A Similar Use Determination, in accordance with KIBC 17.21.020K, to allow a small propane distribution facility as a use similar in character and impact to a gasoline service station located at Airpark Subdivision Block 4 Lot 3. The location is 1812 Mill Bay Road, Airpark Subdivision Block 4 Lot 3, and it is zoned B- Business. Staff reported (42) public hearing notices were distributed for this case. Staff stated this is a request is to allow a small scale propane distribution facility, the type that is commonly associated with a gasoline service station, which is a permitted use in the July 19, 2006 P & Z Meeting Minutes Page 1 of 7 Business zone. However, in this case they just want the propane distribution on a vacant lot. Provided :the scale is maintained in what we perceive as the small scale distribution system and all fire and safety code requirements. This case also has a screening review nclude because there is a small residentially developed property on one of the adjoining - . 44at&&aff4 as recommended approval of this Similar Use Determination. Should that be approved, the site related things including parking, lighting, and circulation will be reviewed under zoning compliance should they get to that stage. This request is just about the use, whether or not it is permitted in the Business zone. Staff has recommended approval with a condition that would limit the use to what is being proposed here in the specifications. COMMISSIONER CARVER MOVED to find that a small scale propane distribution facility, subject to conditions of approval, is similar in character and impact to a gasoline service station that is a permitted principal use in the B- Business zoning district, and to adopt the finding of fact contained in the staff report dated July 7, 2006 as a "Finding of Fact" for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The small scale propane distribution system proposed is identical in specifications to the propane distribution facilities found on nearly all gasoline service stations as an accessory use. In order to ensure that the scale remains appropriate to the zone, the similar use determination will include a condition of approval that limits the propane facility to the site plan information submitted with this case such that any change to the layout or scale of the facility will require a new similar use determination as though it were a new use altogether. The use will be compatible with all surrounding uses provided that adequate screening is provided as approved by the Planning and Zoning Commission and provided that all applicable building, mechanical and fire safety codes are adhered to. Condition of Approval: 1. The proposed small scale distribution facility shall be developed substantially in accordance with the submitted site plan materials for this case such than any future change or expansion of the use shall require a new review before the Planning and Zoning Commission as though it were a new similar use proposal. The question was called, and it CARRIED 4 -0. B) Case S06 - 018. Request preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C -1A, Woodland Acres Subdivision, 7 Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1 Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1 Addition and Tract B, Trinity Islands Subdivision. The location is 3400, 3450, 3472, and 3484 E. Rezanof Dr. Tract, it is zoned B- Business. July 19, 2006 FINDING OF FACT: P & Z Meeting Minutes Page 2 of 7 July 19, 2006 Staff indicated there were (96) public hearing notices were distributed, with (1) response in favor. This case was postponed from last month, and staff did reconunended approval at that time. However, the subdivider had a concern regarding the plat note that was recommended by staff. The plat note was related to a code requirement limiting flag lots from being further subdivided. The petitioner has redesigned the subdivision widening the flag stem to a full 50 feet. Staff feels this to be adequate. Should the subdivider come forward in the future to re- subdivide Lot 4 or Lot 4 and 5, there is adequate right -of- way reserved or room in the flag stem to create a cul -de -sac or something similar. The only change was to the flag stem width. Staff recommends approval with one condition, and that is to produce a new revised parking plan for the lot that has an existing structure (formerly Mimi's) on it. COMMISSIONER WATTS MOVED TO GRANT preliminary approval in accordance with KIBC 16.40, of the replat of Tract C -IA, Woodland Acres Subdivision 7 Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision 1 Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park, subject to the conditions of approval contained in the staff report dated July 7, 2006, and to adopt the findings in that staff report as "Findings of Fact for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. Provide a revised parking plan for lot proposed Lot 1 showing that the lot can provide the necessary area for parking and maneuvering to support the continued utilization of the existing use and structure. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4 -0. COMMISSIONER KING MOVED TO GRANT preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Sub. 1 Addition and Tract B, Trinity Islands Sub, subject to the condition of approval contained in the staff report dated June 6, 2006, and to adopt the finding contained in the staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 4 -0. P & Z Meeting Minutes Page 3 of 7 FINDINGS OF FACT 1. The Commission finds that there is adequate easement and right -of -way available to serve area existing to serve the public's need for electrical services in this area. The question was called, and it CARRIED 4 C) Case 06 - 015. Request rezoning, in accordance with KIBC 17.72.030 & 17.72.030.C, of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1- Single Family Residential to R2 -Two Family Residential. The location is 3174 through 3274 and 3217 through 3273 Ptarmigan Pass Street; 3226 through 3274 Arctic Tern Street., and it is zoned R1- Single Family Residential. Staff reported (77) public hearing notices were distributed for this case. This case was postponed from last month. At the request of the commission, staff has produced a supplemental memorandum that deals with parking issues, parking conditions, right -of- way widths, and public safety access issues. Staff has not changed its recommendation, which is to recommend that you do not forward this on to the Assembly for further consideration. However, staff has no objections to a postponement as requested by the petitioners. The primary petitioner is not here tonight and did request a postponement so they could attend the next hearing. Staff has not changed its recommendation based on the additional analysis performed. There is information regarding the parking, a letter from the Bayside Fire Chief, an aerial photo with an overlay of lot lines, and other site plan information we could locate. In addition, there is a diagram of what a borough standard cul -de -sac would look like overlayed on the existing 40 foot wide Ptarmigan Pass Street. COMMISSIONER CARVER MOVED TO POSTPONE until the August Regular meeting COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 D) Case 06 - 018. Womens Bay Comprehensive Plan Update. The location is Womens Bay. DVORAK stated this is the final draft of the Womens Bay Comprehensive Plan which has been several years in the process. It was completed by the former Director, Mary Ogle before she left. He did hear some comments at the packet review that indicated there may still be some placeholder information in there. He hasn't had a chance to go through and analyze the document to see if the changes were actually made as indicated in the response summary. We have distributed a copy the issue response summary to the commissioners. The issue response was developed after the last planning meeting that was held at Peterson Elementary. It addresses a lot of issues that were raised at that meeting to try to provide some context for those discussions. Recommendations were made and presumably added or deleted from the plan based on what was in that issue response as to how staff would finish up this plan. There is a lot of information to absorb, so we probably need some time for everyone to look at it. Staff recommends postponing this until the August regular meeting. July 19, 2006 CONDITIONS OF APPROVAL 1. The vacation portion of the preliminary plat shall be forwarded to the Kodiak Island Borough Assembly, which shall have final veto authority over the Commission's decision. P & Z Meeting Minutes Page 4 of 7 July 19, 2006 COMMISSIONER KING MOVED TO POSTPONE the forwarding request until September. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Tess Dietrich stated she was glad to see that most of the commissioners at the Womens Bay Comp Plan meeting in March at Peterson Elementary. The biggest question is, "Who is telling Mary Ogle what to do ?" We still don't know the answer to that question, and we are quite dissatisfied with her answers. Why is the Womens Bay Comp Plan so complicated? Michelle Steams taught us what a comp plan is a framework, a blueprint. that will guide the future decisions and development. In Stearns June 2005 "Summary Report: Public Comments and Next Steps ", she listened to and included our input from our many meetings and letter written, but Ogle did not release this report to the public. Several of Stearns recommendations have already been completed. Because many of our issues are complicated, Stearns had recommended more plans, which I agree with because that's what planning is. At this stage we can't stay bogged down trying to make big decisions, we can only get the framework for the plan in place now, and by saying we need a plan for Salome Creek and to finalize the Natural Use Area Plan, these are action statements. Ogle's version of the comp plan starts with development in the Natural Use Area, but once it's developed you can't go back to the planning stage. Ogle tried to pacify us by taking it off the map, but she didn't change the wording in this final draft. Ogle is not protecting the Natural Use Area from development, she didn't plan where residential should be considered and studied, she eliminated residential for consideration in the Salonie Creek area, she recommends the B Parcels for more open space with some residential. This area needs a small plan to figure out those details. We do want more residential lots to be made available and two to five acre parcels available for those who want a hobby farm lifestyle. Stearns recommended finalizing the 1997 draft Natural Use Area Plan and add the GPS trails data, etc. Ogle doesn't recommend finishing this plan and she addresses the area on pages 22 -28 and 36 -37 on her Issue Response Summary. Stearns recommended a long range master plan for Salonie Creek area. Ogle wrote that it may be appropriate for the Parks & Rec Committee to do a master plan (page 30). We do not agree with that, we believe all interested groups should work on the plan. At this time we can't commit to a lot of specifics in the Comp Plan because we need to get the solid framework in place due to needing information from the Gravel Task Force and the Parks & Rec Committee, especially the Gateway Committee, National Park Service, Rivers, Trails and Conservation Assistance Program. This July, 2006 version is not ready to be called the "Final Draft." Marie Rice stated she is a member of the Womens Bay Community Council. She thanked staff for all the work that has gone into this, and we are grateful for the 48 page response that came from staff. She said their concerns after hours and hours of coming through the plan that staff actually listened to what we were saying, but then we were very disappointed when we got the final draft and seen nothing was incorporated because our wants aren't there. We were told by Ogle the development into the Natural Use Area was taken out but it is still in there. Many things are still not in there that many, many people in our community consistently requested. There are strong feelings out there, and this plan is definitely a step backwards. We would like to request more time, would like to P & Z Meeting Minutes Page 5 of 7 July 19, 2006 work with staff so we can give cooperative effort in getting it ready for adoption. She asked if the Steering Committee was obsolete. Dvorak stated the Steering Committee was one of the recommendations Michelle Stearns had made. When the new director, Mary Ogle, came on board she didn't adopt that strategy, but did a lot of the editorializing herself. He stated we still have the applications on file. Applications are done through the clerk's office. Rice asked if when we do this specific work session can we, the Womens Bay residents and community council, all sit at the same table and work on this together so we all can be on the same page COMMISSIONER FRIEND stated absolutely, that is the intent. It will be very open and informal. Marie Rice stated there has been a lot of work put into this and I think we can make it move along quickly so that we all have ownership of the same thing instead of it being a combative kind of thing. Public hearing closed: Regular session opened COMMISSIONER CARVER concurs with what has been said in regard s to tidying this up, and it's not going to happen quickly. He would like to have a full session for this to go through line by line and section by section to see where it can be polished and clean up the omissions and errors. Can staff systematically go through issues and response document to see if it is compatible and jives with the draft, and see if there is anything that needs attention. He has read all of the plan, not in great detail, and feels that it is a long way from where they have started and we have a pretty good road to follow, and it shouldn't be allowed to drag too much longer. The question was called, and it CARRIED 4 - OLD BUSINESS NEW BUSINESS COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 - REPORTS DVORAK reported staff had met with COMMISSIONER WATKINS about the Transient Accommodations Ordinance. It didn't appear to look correct to staff, so COMMISSIONER WATKINS and himself went through it and it did seem to be incomplete from what the Commission approved to go forward. Staff looked at the materials left on Ogle's computer. What I have copied tonight is a copy of what was supposedly the last thing the Commission passed out, which has the matrix on it. The other document is supposed to be the document after it was reviewed by the Borough attorney. It is my understanding that it was Ogle who put it into codified ordinance form and this is the information that was sent to the clerk's office, but it doesn't contain all the permitted and conditional uses that were contained in the matrix. In addition, there was some parking information added to it, and he doesn't know if that was on the recommendation of the attomey or whether that was recommended by the commission and only P & Z Meeting Minutes Page 6 of 7 added later. He needs to have the commission verify that the information in the first document with the matrix is what the commission passed out a couple of months ago so staff can go back and re-draft the ordinance to get it ready for re- submittal to the Assembly. He needs validation that this is what the Commission intended with this first document so we can craft a new ordinance. But, if it doesn't look right and you think another meeting is in order, then we will have another meeting. The main thing is what comes out of the Commission is what you intend and want to come out of the Commission and it is right when it goes to the Assembly. All comments received will be emailed to all the commissioners. Meeting schedule: • August 9, 2006 work session at 7:30 p.m. in the KIB Conference Room • August 16, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER CARVER MOVED TO ACCEPT reports as submitted. The motion was SECONDED by COMMIISSIONER WATKINS, and it CARRIED 4 - AUDIENCE COMMENTS There were no comments. ADJOURNMENT ATTEST July 19, 2006 CHAIR FRIEND ADJOURNED the regular meeting at 8:20 p.m. By: P.tnfa C 4 l t j Sheila Smith, Secretary Community Development Department DATE APPROVED: August 16, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING _ MMISSION A' B y: i l J Jerrol`Friend, Chair P & Z Meeting Minutes Page 7 of 7 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on August 16, 2006 in the Borough Assembly Chambers. ROLL CALL KODIAK ISLAND BOROUGH D I E C E F U E PLANNING AND ZONING COMMISSION OCT - 3 2006 REGULAR MEETING AUGUST 16, 2476 MINUTES Commissioners Present Excused Absent Others Present Jerrol Friend — Chair X David King X Gary Carver X Brent Watkins X Dennis McMurry Casey Janz Gary Juenger X A quorum was established. APPROVAL OF AGENDA COMMISSIONER KING MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED 4 -0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER KING SECONDED the motion, and it CARRIED 4 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Lorna Arndt said she faxed in a sheet of paper after she had talked to the Community Development Department about vehicles and junk on a public road. They've all been parked there so long and they said she had to report the troopers. So she made a list for the troopers and the Borough and nothing has been done. PUBLIC HEARINGS A. Case 07 -001. Request for disposal of borough land for fair market value, in accordance with KIBC 18.20, of a portion of Lot 1A -3, U.S. Survey 3465, an 11,792 square foot parcel of land located next to the principal residence of the requesting parties. The location is along Dark Lake beyond the north end of scout circle. The zoning is public use land. The applicant is abutting property owner and states in their original application a desire to acquire additional lands for the purpose of adding a garage somewhere close to their existing residence. Due to topography and other easements in the back of their property they had some unusable area. Staff reported (19) public hearing notices were distributed for this case. Two responses were received indicating no objection to the request for disposal of a portion of Lot 1A -3. That parcel August 16, 2005 X X P & Z Meeting Minutes Page 1 of 13 BOROUGH CLERK'S OFFICE Duane Dvorak, Director Community Development Dept. Jasmine Oliver, Secretary Community Development Dept. we investigated and it does appear it has been designated for disposal in the past. When Scout Circle was platted, parcels were dedicated to recreational use or park use; however Lot 1A -3 was designated for disposal at that time and our indication was that there was in fact a subdivision plan at one time as =part of that disposal process, as well as connecting roads to bring traffic from island lake subdivision through to Selief lane or to Dark lake road. Of course the subdivisions didn't happen, the property is still there. Staff has looked at the request, how it lays out and what it would mean for future disposal purposes. Staff feels that the request as submitted would not be in the Borough's best interest, and that there would still be some public need to maintain the parcel in this area as it is. However, staff recommended disposal to the request as put forward by the requestors. There are some suggestions and examples given for a possible land trade scenario that wouldn't necessarily involve transfer of money, but transfer of land which would help maintain the development potential and help maintain the potential for future access through this area which has been something that has come up in the past when we've looked at subdivisions on Dark Lake Road. The Borough has been reluctant to give up the potential for future access through this area. COMMISSIONER FRIEND inquired that if we wanted these guys to change their request would we postpone this to have them come back? DVORAK stated he thought that it would need to be at a minimum re- advertised, however he thinks there is a separate chapter for land trades that may have different requirements. As far as he can see the Tract lA has already been designated for disposal as a parcel but the idea of disposing pieces of it, which may impact the future disposal of the remainder, is something that we're addressing now. But maybe a land trade would be a better way to go. COMMISSIONER WATKINS MOVED TO ADOPT the following resolution containing a negative recommendation to the Borough assembly regarding a request for land disposal per Kodiak Island Borough Code 18.20.030 now there for it is resolved by the Kodiak Island Borough Planning and Zoning Commission the applicant in case 07 -001 has sufficient existing land area for the purpose of constructing a detached garage serving the residential dwelling located on Lot 1 US survey 3466 that the disposal of an unsubdivided portion of borough land described as a portion of Lot 1A -3 US survey 3465 is precipitous and at this time would unduly restrict the publics options in future land disposals encompassing the entirety of Lot 1A -3 US survey 3465 that the disposal of an unsubdivided portion of Borough land described above is a portion of Lot 1A -3 US survey 3465 for fair market value is hereby not recommended for approval by the Kodiak Island Borough Assembly. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Robert Berg stated he was the property owner and he requested to buy this piece of property for the garage because he lives on a hill The Borough put a water and sewer main right through my property a few years ago before he purchased it. So if he builds a garage on the upper part of it, he'll be building right on top of a water and sewer main. Then as for the request of a change in land he didn't see it because for one he would be losing a lot of land if you look at your paperwork if. For one it's not a fair trade and he would just rather buy the property and be done with it. Earlene Berg stated she was one of the property owners and according to the paperwork they received they are asking for a larger amount of property in trade for this property. The actual August 16, 2005 P & Z Meeting Minutes Page 2 of 13 property we are trying to obtain is directly in front of our residence. There's only the possibility of one lot in there between us and the Boy Scout camp. The problem with building here also is that there is an existing bike path, and that is the only recreation area that is used. If we have to build up there we'd have to take out that whole bike path. There's no lake front property that anyone uses there because the only lake front is directly in front of our house. So they would have to come all the way down our driveway and be in the driveway access area to use a lake front. According to the paperwork you sent us the $20,000 which was quoted to us by the borough is not the right amount for it and our 2006 Land Only was only $35,000 estimated by the borough. So the little piece of property we have $20,000, is pretty good for it. If you've ever been out there, you can see it's straight up hill from our house, so you'd have to take out that hill, take out the utilities and everything just to put a garage up there, along with the bike path. We have no intentions of adding any residences to the property that's our deal with the people we purchased the property from, no additional residences are on our property and all we want to do is add the addition. Public hearing closed: Regular session open: DVORAK stated that at the packet review work session he mentioned that that is a conceptional representation, but the way the land trade ordinance reads, it's based on value it's not based on square foot per square foot. They would be based on equal value and frankly he said he wouldn't want to characterize this as something that the depai tment is trying to determine at this stage. COMMISSIONER FRIEND asked Robert Berg if he understood the explanation given by Dvorak? ROBERT BERG answered yes he did but he still didn't understand because it was right next to each other. Where we're at the square footage is exactly the same here and here. EARLENE BERG commented that according to the paper we got and the survey she had done the Borough already has a 10 foot easement onto the property for utilities, which is the area that we're - purchasing. At the top part they also have a 50 foot easement on the property they want to trade for. COMMISSIONER FRIEND responded that actually the only land you would be losing is from the road right -of -way easement, down to the property. COMMISSIONER WATKINS noted that he was reluctant to support the proposal the applicants are making but he's not opposed to something being worked out. He believes it is ill advised to portion out a piece of disposable property without looking at the other options. COMMISSIONER FRIEND inquired who would initiate the appraisal for the cost of that upper part of the lot? DVORAK stated in a straight up land disposal as requested now the cost of appraisal, the cost of surveying would go to the requestors and would be part of the disposal process, but in case of a land trade he was not sure, he would have to look at the code and see if the parties split the cost. He would imagine it would be a more equitable process in the land trade scenario. The question was called, and FAILED 3 -1 because of a lack of a quorum behind it. COMMISSIONER KING MOVED TO POSTPONE until September Regular Meeting. COMMISSIONER WATKINS SEONDED the motion and it CARRIED 4 -0. August 16, 2005 P & Z Meeting Minutes Page 3 of 13 B) Case 07 -002. Request for A Similar Use Determination, in accordance with KIBC 17.03.090 to allow a 9 foot by 52 -foot addition onto an existing thrift store and to allow an increase in the hours of operation as a use similar in character and impact to a permitted Home Occupation in the R2- Two - family Residential zoning district, located on Tract T -2A, U.S. Survey 3218. Location is 2934 Mill Bay Road, the current zoning is R2. Staff sent out (68) public hearing notices and we got three back with no objection. Staff stated the thrift store has been there for a number of years, when the request came in staff reviewed the file. It used to be a 900 square foot structure, when they built the new church the thrift store moved to the old church which increased the square footage from 900 to about 2500 square feet. At that time there was a write up, associated with the parking plan. The thrift store was characterized as a use similar to a home occupation. Part of the reason why staff decided it could be viewed as similar to a home occupation was that it seemed to be subsidiary and incidental to the use of the property. It was only operated on Saturday's at the time, and according to the notes and margins of the write up, there weren't any hours of overlap between the different uses, and the site has a number of different uses from residential, to a school, church, thrift store and now the Marion center. We've tried primarily to track the parking on the site. The request before you this evening was begun because of the request to put on a 9 foot 3 inch by 54 foot addition to the thrift store. Staff didn't really feel comfortable passing on that request given the previous determinations that had been made, and the changes to the code. In addition the hours of operations have also increased to Wednesdays now for 4 hours a day. There has been some evolution of the use and so staff was concerned and felt it needed to come to the commission for this review. They have in fact brought it forward for your consideration. You were copied with the complete submittal last week at the packet review. Staff in the recommendations had recommended approval subject to four conditions which you may wish to discuss with the petitioners. COMMISSIONER MCMURRY arrived at 8:00 p.m. COMMISSIONER KING MOVED TO find that A Thrift Store, located on Tract T -2A, U.S. Survey 3218, with appropriate Conditions of Approval, is similar in character an impact to a permitted Home Occupation in the R2- Two - Family Residential zoning district, and to adopt the findings of fact in the Staff Report dated July 26, 2006, as Findings of Fact for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Sister Barbara Harrington stated she was grateful for the work that has been done on this. She believes it has been proven, that we have adequate parking on campus but she doesn't think we have ever put forward an adequate parking plan. She has asked and has received from a surveyor, to her satisfaction, the fact that we do have the number of congregate spaces on campus that are required. The conditions of approval are reasonable She said there is a number of parking places for each of our buildings and a congregate number and I think that's what needs to be revisited, but the understanding was that there is shared parking because the activities very seldom collide. The parking has always been adequate, sometimes a bit crowded, but adequate. Hopefully we will have provided an up to date parking plan that is acceptable number one. Number two she believes we have not adequately identified the way to park or the number of places that we have available because of our gravel land, but we could do a better job. In terms of the fourteen parking spaces we do indeed have those. They are all around the thrift shop, very close to the August 16, 2005 P & Z Meeting Minutes Page 4 of 13 thrift shop, but again it's shared parking so as long as it's shared I don't mind a number being specified. She thinks this will follow the former plan that she saw in the history file where each building is assigned a certain number of parking spaces and if this building needs to be assigned this many parking spaces she still thinks it's ok, as long as it doesn't raise the total congregate number. It would be better to say that parking should be identified as being associated with the thrift shop rather than specifying a number of spaces, except that in the listing that we have of the building and the numbers of spacing that we have this is already in the history file. It stated that there is an overlap with the school on Wednesdays from 10a.m to 2:OOp.m. when the thrift store is open. School is in session and there really aren't any automobiles parked on our premises, and the parents do not really park they come and pick up their children and leave again. She is hoping we can get this done before the end of the building season this fall. Public hearing closed: Regular session opened: COMMISSIONER FRIEND asked if fourteen spaces, the way it was spelled out in #3, would be shared spaces like the space around the church that's adjacent to it? DVORAK answered that concept of shared spaces is based on the premise that hours of operation are not overlapping. CONDITIONS OF APPROVAL [1] The Applicant is to provide an updated parking plan consistent with the requirements ofKIBC17.57 for all uses located on Tract T -2A U.S. Survey 3218. [2] Parking spaces identified on the "Plan" must be developed, and available for use, during hours of operation. [3] Fourteen (14) parking spaces must be identified as being associated with the Thrift Store, and must include a minimum o one (1) handicap accessible space. [4] Any change in physical plant (store) size, or change in hours of operation, requires a new administrative review, and approval(s) as necessary. FINDINGS OF FACT [ KIBC 17.06.320 defines Home Occupation as: A business profession, occupation, or trade located entirely within a residential building, or an accessory structure which use is accessory, incidental and secondary to the use of the residential building for dwelling purposes and does not change the essential residential character or appearance of such building or neighborhood. [2] The continued operation of a Thrift Store on Tract T -2A U.S. Survey 3218 will not change the essential residential character of the neighborhood. [3] The low - intensity of use represented by the operation of a Thrift Store ensures that the performance standard(s) enumerated in KIBC17.06.320 "F" will not be violated. The question was called on the main motion, and CARRIED 5 -0. C) Case 06 -018. Request for Women's Bay Comprehensive Plan Update. The location is Women Bay community. DVORAK stated that we discussed this at the packet review last week and he believes we did find the memorandum should have been really just a cover memo for this since you were given August 16, 2005 P & Z Meeting Minutes Page 5 of 13 the actual plan drafts last month as well as the issue response summary. We did also get a packet of materials from one of the Women's Bay residence that had some red lettering suggested amendments to the plan for your consideration. Tess made her own copies so you can see the suggested changes. We didn't receive any other comments or responses from public hearing. You already announced that you would hold a work session on August 30, so he thought most people will wait for that. Nevertheless it is on the agenda as a public hearing and he suggested holding a public hearing this evening and then carrying the case over at a minimum to the September agenda maybe the October. But my recommendation would be postpone at the minimum until next month but no longer. COMMISSIONER FRIEND questioned if we do get a lot of information on the August 30 work session, would you have time to work things into the September meeting or will you need until October? DVORAK suggested shooting for October 18. COMMISSIONER KING MOVED TO POSTPONE Case 06 -018 until the September 20, 2006 meeting and to carry forward the public hearing until that date and time. COMMISSIONER MCMURRY SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER MCMURRY stated that at the work session he brought up possibly postponing this until after the borough wide plan came out. The Borough Wide Plan is almost done and if we approve this one now as written we'll probably have to change it anyway because a lot of it may not adhere to the new structure. So he wanted to make a motion to go ahead with the community work session and get all the comments, and not throw them away but postpone approval of this plan until after the Borough Wide Plan is developed. COMMISSIONER WATKINS asked if this document in its form now is a valid resource document for the Borough Wide Plan without final approval? Can they take this material and use the comments and information in it and use it in the Borough Wide Plan without our approving it? As long as we're not losing these people's comments for the Borough Wide Plan he thought we should postpone this until we have the Borough Wide Plan also. DVORAK stated he thinks they can use some of it. The idea of a Borough Wide Comprehensive Plan is probably not intended to be quite as specific as a localized neighborhood or community level plan, and there may be some of that material that doesn't get used because in the case of the Borough Wide plan their really comparing the input between the different communities looking for overlap and areas of common interest in order to develop a general Borough Wide Policy framework. It isn't going to get to the level of detail that a community plan would. In order to give every community every neighborhood and every city in the borough their own chapter would be a planning document that wouldn't be very workable from an administrative standpoint. COMMISSIONER MCMURRY asked who has the power? DVORAK said we rely on the plans to guide the decision making process, we would probably go to the Regional Plan. They would recommend that the Regional Plan be sort of elevated over the August 16, 2005 P & Z Meeting Minutes Page 6 of 13 other Local plans. One of them should be as the over arching policy. To say that the other policies couldn't be considered, whether or not the assembly gives it that status, remains to be seen. And as a policy guide it's sort of speculative on that point. COMMISSIONER JUENGER wanted to go ahead and thank Tess for making the color copies at her expense and time that we received in our work session. It's helpful to have the red on there. The question was called on the main motion, and CARRIED 5 -0. D) Case 07 -003. Request review of draft ordinance to amend the definition of bed & breakfast, to define vacation home and to determine in which zones and under what conditions these and other transient accommodations uses are appropriate. DVORAK stated earlier the commission had approved an ordinance change for transient accommodations; this was particularly intended to break out new definitions for bed & breakfast and vacation homes as well as fine tuning some of the other transient accommodation ordinance provisions. When this appeared before the assembly it looked as though the ordinance draft may have been incomplete on some of the proposals that were contained in the last recommendations of the planning and zoning commission. Staff had investigated that, and in Commissioners Watkins and Friend recommended to the assembly to basically fail that ordinance and allow it to be remanded back to this commission. He said that he gave the commission a revised ordinance draft using the last matrix and putting it in this same ordinance that has previously been introduced by the assembly. If the commission believes that this is the recommendation that was made you can forward this to the assembly with a recommendation of approval or you can amend it and forward it, or as a last alternative if it needed more work you could hold it over for additional work. COMMISSIONER JUENGER MOVED TO FORWARD the revised draft ordinance amending the definition of bed & breakfast, defining the term vacation home and determining in which zones and under what conditions these and other transient accommodation uses are appropriate. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER KING stated that in here on a vacation home you can be rented or leased not to exceed thirty (30) days. DVORAK said he believes that is covered in the definition. Bed & Breakfast means an overnight accommodation and a morning meal in a dwelling unit provided the transients for compensation. It doesn't have a specific term, but the definition of transient accommodation is defined as an accommodation for thirty (30) days or Less. So if you're going to rent your home, a home rental whether it's year to year or month to month, it's for thirty days or more and less then that is a transient accommodation for the purposes of the transient accommodation tax, also known as the "Bed Tax." So if you have a bed and breakfast you could have overnight accommodations for up to 30 days. The commission discussed the different aspects that define a Dwelling Unit. DVORAK stated the kitchen usually defines a dwelling unit. Houses can have any number of bedrooms, bathrooms, accessory areas, etc., but if you have more than one kitchen that has August 16, 2005 P & Z Meeting Minutes Page 7 of 13 independent accessibility, and can be partitioned off by a door, crosses a line. It depends on how it looks and how it is being used. He continued by saying previously the interpretation was that the owner of the B &B had to reside where the B &B was being operated, now they just have to reside on the premise so that if they're occupying one side of the duplex and using the B &B on the other side, that could still happen as long it's in a R -2 zone and it's in a duplex. You wouldn't be allowed in a R -1 zone. That's where staff was talking about it crossing the line. COMMISSIONER MCMURRY inquired why recreational cabin is under conditional uses. DVORAK stated just by checking RR1 it appeared that this was added but he didn't attend that meeting so he wasn't sure why recreational cabin had it as a conditional use. It is defined somewhat differently from single family, perhaps there's a difference. A recreational cabin means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of a family. DVORAK said from a staff prospective we've always considered that RR1 or even the conservation zone is a single family residential zone. It allows single family residential as a permitted use. He didn't think we would allow a second dwelling unit even on a temporary or seasonal basis. He thought he would consider this a lesser form of residential, perhaps more rustic type cabin thing for a seasonal basis, but on the road system any habitable structure you're going to build is going to have to meet building codes. He didn't think you're going to have a recreational cabin but we're going to call it a single family dwelling either way. The only instance he was aware of when we would allow for satellite cabins is in the conservation zone because it allows for lodges; in that instance we only allow cabins to be sleeping rooms or guest rooms, they all have to rely on the main structure with the kitchen and so forth. So he didn't know how appropriate that would be in the RR1 as a conditional use, but as a conditional use the commission could deal with it on a case by case basis. COMMISSIONER WATKINS commented that the main conditional use that struck him was to have the B &B's and the R1 be a conditional use because of the input from the neighbors about the traffic and the nature of the neighborhood. As far as the recreational cabins permitted would make a lot more sense to him then the conditional. COMMISSIONER FRIEND elected to take a recess at 8:45 p.m. COMMISSIONER FRIEND elected to resume the meeting at 8:49 p.m. COMMISSIONER WATKINS MOVED TO AMEND the motion that recreational cabins and rural residential one (1) be changed from a conditional use to a permitted use. COMMISSIONER KING SECONDED the motion and it CARRIED 5 -0. The question was called on the main motion, and CARRIED 5 -0. E) Case 06 -015. Request for a rezone, in accordance with KIBC 17.72.030 (C), of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from RI- Single Family Residential to R2 -Two Family Residential. The location is 3174 through 3274 and 3217 through 3273 Ptarmigan Pass Street, 3226 through 3274 Arctic Tum Street. The zoning is Rl. Staff indicated (77) public hearing notices were sent out related to this request, and we did receive one (1) new response in your packet recommending denial and also one that was supposed to be seen in June. DVORAK indicated that response was faxed to the department a couple of months ago but it was misfiled in a completely unrelated case. The person came in to August 16, 2005 P & Z Meeting Minutes Page 8 of 13 write up a new comment list and the old one was found so he would consider it one response, but they did also object to the request. The petitioners provided a new submittal to the commissioners with their own recommendation. This case was originally heard in June, at that time it was postponed and the commission had requested additional information particularly regard to parking and circulation in the area. Staff has provided a supplement which was presented last month, but the petitioners were unavailable for that meeting schedule so public hearing was held over to this months meeting. Staff did not change the recommendation based upon this new information provided. Staff also did get a letter from the local fire chief discussing some of the public safety concerns in the area. Staff didn't find that any of the new information had changed staff's view or the recommendation. There are a number of photographs included in here as well as the one fold out map which shows a diagram of what a borough standard cal -do -sac would look like, and how much additional area it would require. COMMISSIONER WATKINS commented that on the color photograph with the overlays on it there's a Ptarmigan Pass extension shown through Lot 7B through Lot 7C is that something that is in the plat that we've got an easement for it or is that just an option of solution? DVORAK stated that there isn't an easement there now. It's a possible solution but it would require taking the properties that would be impacted by that. If we're speculating about possibilities he believes that you could potentially come in from another end or create a looping drive. If you had that looping aspect you wouldn't need a cal -do -sac. It might in some ways reduce the impact to the properties in the cal -do -sac but at the same time you'd have to acquire more area to fulfill that. COMMISSIONER KING MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve by ordinance the rezoning of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1- Single Family Residential to R2 -Two Family Residential. COMMISSIONER MCMURRY SECONDED the motion. Regular session closed: Public hearing opened: Art Zimmer said he'd like to see the Island Lake area "developed" which your whole organization stands for, Community Development and he would like to see that happen. The streets are substandard, the lots are substandard, to present standards at least, certainly they didn't provide cal -do -sacs or turn- around areas or better access. He did encourage the commission to accept this recommendation as the appropriate motion. He inquired why certain factors such as, inadequate access weren't considered in 2000. DVORAK responded saying what we included in the packet is the minutes from the meetings when that 2000 case was considered if it were discussed at the meetings it would be in the record presumably. He didn't have the staff reports to say for sure whether it was looked at and he didn't believe it was included in this file folder so if you would like an answer to that I would possibly suggest a postpone it for further research on it. Art Zimmer spoke with Mr. Hines acting chief at Bayside Fire Department he has been against anything new done in the Island Lake Subdivision due to these substandard streets, with no turn- arounds or proper cal -do -sac areas provided. According to Mr. Hines conversation in the past we have accepted a sixty foot (60) diameter turn-around where land was an issue or space was. Most of the property at the immediate north end of Arctic Turn is government property of some kind. August 16, 2005 P & Z Meeting Minutes Page 9 of 13 He drew a circle sixty feet (60) in diameter on Ptarmigan Pass, which Hines said would suffice by not encroaching onto anyone's present buildings. The vacant land could be acquired as a possibility to ease the problem. That could be a way to provide sixty foot (60) turn- arounds. In the year 2000 the right -of -way width stayed at forty (40) feet and the commission rezoned some of those lots to R2 though they had 60 foot (60) frontages as do the present RI lots and he noted that the substandard right -of -way was not an issue then but it is now. Lot 4 Block 2 does provide six parking spaces and he numbered and circled them on the drawing. Last October, he found out that his property had not rezoned, but was told that it had and he only needed provide enough off street parking, which we then did. The same street widths that service these "substandard" size lots are equal to those that are already approved for R -2 and have been rezoned to R -2. He doesn't see any problem with making these lots also R -2 because they would require and would provide the same amount of off street parking and accommodations as if they were R -2. Loma Arndt stated that the commission voted on rezoning Block 1 to R -2 because their lots were bigger than 7,200 square feet that is required by an R -1 residence lot. The end lot is 74.4 feet wide, so you have to take this into consideration that these lots did meet more than what was asked for in R -2 zoning. She doesn't think any of the other lots should zoned R -2 because they are too small and on Ptarmigan some places don't even have off street parking, they are parking on the road right -of -way. His new house that he's building is almost right on the road, you couldn't park a car behind that house, and it would be on the road encroachment there. She wondered if the Planning and Zoning or Community Development has straightened out the fact that he couldn't use the right -of -way easement. She said that her kids abide by all borough rules. They are builders and they don't go against any of the rules whatsoever and if they can follow it so can an older gentleman that should know better. In response to putting a road through Lot 8, she objected to that saying her daughter being against that as well wouldn't give up any of her land for any road to go through there. She thinks planning and zoning need to clean up that right - of -way situation and that they need to get after the person that has all their belongings on there. On Kitty Way they have blocked the road that used to go up Ptarmigan Pass with big boulders up there. She believes that was done for a good cause. Nevertheless there is no access into Ptarmigan Pass except from the Island Lake Road. She agrees with the fire department that they can't turn vehicles around, it is impossible up there. Our road, Arctic Turn, seems wider than that one, but our houses are also set back further than on Ptarmigan Pass She is off the road forty -five (45) feet and the required is twenty -five (25) feet. So my yard is a great big turn- around Sumie Ono stated that she sent in a letter to the commissioners and elected to read it during the public hearing. She strongly urged the commissioners to deny the request for rezone at this time. However, once the area is brought into compliance with all codes the applicant should not hesitate to submit another rezoning application. Public hearing closed: Regular session opened: COMMISSIONER JUNG inquired if R -2 zoning requires 3,600 square feet per unit? DVORAK stated yes. He believes R -2 zoning requires 7,200 square feet per lot, you don't really get to the per dwelling unit calculation until you get the R -3 zone where it has the kind of sliding scale. August 16, 2005 P & Z Meeting Minutes Page 10 of 13 COMMISSIONER FRIEND commented if circumstances were different, right now there are just too many nonconformities, if things were brought up, if we got a cal -do -sac in there somewhere then he could see doing it. He said he would have to fail this one in his opinion. COMMISSIONER WATKINS stated that i, then the one in 2000 should have been failed as well. Ms. Arndt does have a nice driveway for backing up, but it is not a public access and it can't be considered for the fire department. He would lean the other way towards approving because we've granted R -2 for sixty foot (60) lots on a forty foot (40) wide right -of -way, so he doesn't see how we can turn around and say to the next people because you don't live on the lake you can't do R -2 on the same streets without cal -do -sacs. Art Zimmer said when these lots were surveyed then, the Borough approved 6,000 square foot lots for R -1 and that would say that at present time anything that's less than 7,200 square foot is illegal, and you don't say that you are allowing the R -1's to remain though they are substandard in your word. It's a new standard to an old subdivision. COMMISSIONER JUENGER agreed it is unfortunate that a different call wasn't made earlier but we are ill- equipped to go back and fix things that happen many years ago. COMMISSIONER KING MOVED TO ADOPT the findings of fact in the staff report dated June 5, 2006 that the findings of fact for Case 06 -015. COMMISSIONER MCMURRY SECONDED the motion and it CARRIED 5 -0. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The lots proposed for rezone have been subject to extensive scrutiny in numerous rezone actions in the past. Substandard right -of -ways serve the proposed rezone area. Further increasing the development density of the neighborhood will negatively affect the ability of emergency services to respond efficiently. [4] The non - conforming lot areas of the subject lots are not conducive to the development of two- family dwellings without the benefit of numerous variances. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of he comprehensive plan. [ [ [3] [ A rezone to R -2 Two Family Residential Zoning District would not conflict with the Objectives of the Comprehensive Plan The question was called on the main motion, and FAILED 1 -4. OLD BUSINESS NEW BUSINESS A) Case 07 -004. Request for initial review of the Draft Recreational Amenities Ordinance that was forwarded to the Commission with a recommendation by the Kodiak Island Borough Parks and Recreation Committee. DVORAK said that this was a draft ordinance transmitted to the Planning and Zoning Commission from the Parks and Recreation Committee. You did have a joint meeting on this at one time and discuss some of the issues relating to this ordinance; however, they did pass it August 16, 2005 P & Z Meeting Minutes Page 11 of 13 forward in this form for your consideration. Staff has placed it on the agenda as a new business item thinking that our agenda is already rather full with ongoing stuff, but at least this way it brings it on in a formal fashion that is open to acknowledgment. If you feel like you would like to schedule a work session just to discuss this at a future packet review it would be something you could consider now or can it over. Staff didn't feel like it was ready for a public hearing yet, and you may wish to consider it and review it first, and possibly make some recommendations of your own. With that staff had included a recommendation to reschedule this for another review in the future. COMMISSIONER WATKINS MOVED TO SCHEDULE case 07 -004 for a new business item on October 18, regular meeting agenda. COMMISSIONER JUENGER SECONDED the motion and it CARRIED 4 -1. COMMUNICATIONS A) Notice of Violation to Mr. Richard & Ms. Patricia Collins from Martin Lydick, Associate Planner dated July 21, 2006. B) Letter of Courtesy & Advisory to Mr. Daniel R. Miller form Martin Lydick, Associate Planner dated July 21, 2006. C) KIBCMP Project Review, Port Lions Tidelands Conveyance, August 1, 2006. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER KING SECONDED the motion, and it CARRIED unanimously. REPORTS Meeting schedule: • August 31, 2006 special work session at 7:30 p.m. in the KIB Conference Room • September 13, 2006 work session at 7:30 p.m. in the KIB Conference Room • September 20, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. The motion was SECONDED by COMMISSIONER MCMURRY, and it CARRIED 5 -0. AUDIENCE COMMENTS COMMISSIONERS COMMENTS COMMISSIONER FRIEND asked if COMMISSIONER MCMURRY had got the votes handled. COMMISSIONER MCMURRY said still working on it. COMMISSIONER JUENGER thanked the remaining staff for picking up after the sudden departure of our Community Development Director. He said you guys are doing a good job. COMMISSIONER WATKINS said he thinks staff did a good job this evening. COMMISSIONER FRIEND thanked and welcomed temporary secretary, Jasmine Oliver, and wished her good luck with school. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:35 p.m August 16, 2005 P & Z Meeting Minutes Page 12 of 13 ATTEST By: Jasmine Oliver, Secretary Community Development Department DATE APPROVED: September 20, 2006 August 16, 2005 KODIAK ISLAND BOROUGH PLANNING AND ZONII, COMMISSION By: nd, Chair P & Z Meeting Minutes Page 13 of 13 SERVICE DISTRICT NO. 1 BOARD REGULAR MEETING MINUTES JULY 25, 2006 @ 7:00 P.M. BAYSIDE FIRE HALL CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:00 p.m. ROLL CALL: Present: Absent: St Sharon Lea Adinolfi Greg Spalinger Jessica Kepley, E/F Kevin Arndt Bud Cassidy, E/F Scott Arndt Cassandra Juenger, KIB Finance Charlie Lorenson Ed Mahoney Dennis Symmons 1))1E C Ell WE 11) SEP 28 2006 BOROUGH CLERK'S OFFICE A quorum was established. Also present were a number of Woodland Acres Subdivision residents and other SDI residents. (please see attached public sign in sheet.) ACCEPTANCE OF AGENDA: It was MOVED, S. ARNDT, and SECONDED, D. SYMMONS to amend the agenda as presented to move New Business ahead of Old Business for the benefit of the public attendees. The motion CARRIED unanimously. ACCEPTANCE OF FINANCIAL STATEMENT: S. ARNDT asked to postpone the acceptance of the Financial Statement due to insufficient information. The Board concurred. APPROVAL OF MINUTES: It was MOVED, S. ARNDT, and SECONDED, D. SYMMONS to approve the Minutes [7 June 20061 as submitted to the Board. The motion CARRIED unanimously. VISITOR'S COMMENTS: Residents brought concerns to the Board re the paving of the Woodland Acres Subdivision. Concerns varied from the ditching work under the responsibility of the Service District 1 Board, to drainage problems around the service area. One resident asked that meetings be scheduled more frequently with more warning given to the residents of the District so they may be able to attend the scheduled meetings. It was asked by another resident that the Board assist with resolving situations such as residents filling the ditches in front of their property HDovelDepartmentskERService Districts\Service Area No. 1 Board\Agendas and Minutes\Servlce District Minutes\Service District Minutes 20061INinutes 25 July 06.doc with tdtiscellaiteoys'debris from their yards, etc. because this causes drainage problems for all in the area. CHAIR'S REPORT CHAIR MAHONEY retorted there is a recurring issue with the ditches and drainage in the area of Sean Circle, tjtcre have been major drainage issues due to heavy rains and debris clogging up the ditches in this part of the subdivision . E. MAHONEY told the Board that the sign installation within the District was complete. 30 replacement signs were ordered and installed for a total of $13,759.42. The CHAIR reported the guardrail on Puffin Drive was installed in order to protect the homes. The cost for this was $17,800. He also stated the calcium chloride was completed on all roads within the Service District. Those that had been left out of the last application had been addressed. E. MAHONEY asked everyone to be patient with the condition of the roads during the current season; due to the heavy rains, the roads are in fairly bad shape and there is not a lot the Board or the Contractor can do until the rain stops and the roads dry out. NEW BUSINESS: A. SERVICE DISTRICT 1 CONTRIBUTION TO WOODLAND ACRES PAVING PROJECT VICE CHAIR, S. ARNDT proposed the Board contribute a specific amount of funds to the paving project within the Woodland Acres Paving District. It was MOVED, S. ARNDT and SECONDED, D. SYMMONS to contribute a total of $30,000 to the Woodland Acres Paving District; $15,000 to be distributed from the FY07 budget and $15,000 to be distributed from the FY08 budget. This money would be an "undesignated" sum, to be contributed for the paving project, to assist with construction costs. SD1 is to continue addressing the ditching and culvert issues in the meantime per the maintenance contract for the area. A roll call vote was taken and the motion PASSED, 4 -2. It was MOVED, K. ARNDT and SECONDED, C. LORENSON to amend the motion to contribute a total of $15,000 to the project instead of the $30,000 originally voted on. A roll call vote was held and the motion FAILED, 3 -3. B. CAPITAL IMPROVEMENT PROJECT LIST B. CASSIDY addressed the attendees telling them that even if the Assembly did not pass the paving project for Woodland Acres, there was the possibility that funding could be received from the State of Alaska Legislature, since this project will be included on the 2007 CIP list to go before the Legislature, as future roads that need to be paved. He informed the public and the Board that this year the CIP process would be starting earlier, and any projects that needed funding would be prioritized and put on the list. S. ARNDT proposed the Board gather a list of Service District roads that may need to be paved to add to the CIP list. One \\Dove\Departments\EF\Service Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc project he asked receive more attention was for the MB to repave the Borough portion of Selief, requesting this be included on the next meeting's agenda. C. FUTURE OUTLOOK/PLANNING FOR ROADS — PAVED AND UNPAVED W /IN THE SERVICE DISTRICT. CHAIR MAHONEY brought to the Board's attention his concern re the long term plan for the Service District 1 roads. As the Board is responsible for the maintenance of these roads, it is possible the budget will not have enough funds to cover this. He asked that the Board address the longevity of the roads, possibly looking at a 20 year plan, to cover the hefty costs of paving and/or maintaining these roads. K. ARNDT told the Board that his initial reason to be on the Board was to see that the roads within SDI were paved; the way to do this is to establish paving districts. He felt the Board should be interested in and do something about the roads. It would be very beneficial to pave the roads within the District. Maintenance costs would be lower, problems fewer. He suggested raising the mil rate for the District to 2.5 in order to pave all the roads and to keep them up. S. ARNDT interjected with information that the last mil rate increase almost didn't pass by the Assembly. Any mil rate increase would cause a major impact to the public and asked that if this were to be a possibility, more public hearings be held to inform the residents of the District and to get their input on the matter. Previous public hearings and discussions that have been held show the public not in favor of raising the mil rate. C. LORENSON agreed with K. ARNDT that the benefits of paving the roads within the District would be substantial especially over a long period of time. The Board discussed the issues of paving the roads, bringing the roads up to standards in order to pave them, the benefits of public hearings, and the intention of raising the mil rate to fund the paving of the roads. D. JOHN PARKER'S LETTER — DAMAGES TO CULVERT/BRECHAN John Parker brought before the Board a letter he sent to Brechan addressing an issue with a culvert on his property. He asked the Board to inspect the culvert to determine who was responsible for maintaining and repairing the damages apparently caused by one of Brechan's operators during the last snow fall, as he had received no response from Brechan Enterprises. Brief discussion was held on this matter and it was decided that Board members and Eng/Fac Director B. CASSIDY would inspect the culvert immediately after the meeting. Photos of the culvert and a copy of the letter were provided to the Board by J. PARKER. A letter of response by L. ROCHELEAU of Brechan Enterprises, was received by the Eng/Fac office and this was provided to the Board for their review. OLD BUSINESS: A. WOODLAND ACRES SUBDIVISION PAVING PROJECT 2006 UPDATE B. CASSIDY reported the Borough Assembly was reviewing the budget in an effort to determine the overall cost and to gather a consensus on the paving alternatives that were given. Move\Departments\EFService Districts\Service Area No. I BoardkAgendas and Minutes\Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc B. CALCIUM CHLORIDE This had been purchased and the contractor had delivered it. C. ACTION ITEMS FROM PREVIOUS MEETINGS 1. CITY FUNDING PARTICIPATION TO WASPP B. CASSIDY met and discussed with Howard Weston and Mark Kozak of the City of Kodiak Public Works and Engineering office to find out if they were willing to help fund the Woodland Acres Subdivision Paving Project. They were not inclined at this point to fund the project. Any issues such as utility line issues and sewer line issues are to be addressed prior to the application of the asphalt, to avoid cutting into it, should the project go forward. 2. ROLE/RESPONSIBILITY OF BOARD ON PAVING PROJECT The Board was given clarification as to their role and responsibility of paving projects. This role is to listen to the public comments and make recommendations to the Assembly. S. ARNDT told the Board that in the past the Board was told anything that had to do with construction within in the Service District was the responsibility of the Kodiak Island Borough; anything dealing with maintenance within the Service District was the responsibility of the SD1 Board. He suggested addressing the roles with the Rick Gifford, Borough Manager, including the paving project for Woodland Acres. 3. CALCIUM CHLORIDE All roads within the Service District have been completed. 4. DITCHING W/IN SDI Ditching work has been completed within the Service District 1. 5. JOINT WORK SESSION CHAIR would like to see if there could be a consolidated work session between the Chairs' of the Service Areas. This is on standby. 6. ADDITIONAL ACCESS ROADS INTO WOODLAND ACRES SUBDIVISION B. CASSIDY has included this issue on the CIP list for the State Legislature. 7. NOTIFICATION TO BOARD RE WORK W/IN SD1 DONE BY OTHER INTITIES It was determined that notification should be going through the Eng/Fac Department of the Kodiak Island Borough. B. CASSIDY said this is being done, there is a form to fill out when entities such as KEA are planning on doing work within the Borough. \\Dove\Departments\EFService Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc 8. DRIVE A -BOUT ITEMS (2/18/2006) STATUS Progress is being made on these items. 9. ROAD SIGN INSTALLATION Complete. 10. FUEL /CELL PHONE REIMBURSEMENT — CHAIR It was MOVED, S. ARNDT and SECONDED, C. LORENSON to raise the Chair stipend to $300 /month or $3,600 /year to cover the fuel and cell phone costs used during annual terms. (This should be able to eliminate the need for the phone and gas line items for the budget.) The motion PASSED unanimously. PUBLIC COMMENTS: J. PARKER said he was glad to see the Board involved in the projects within the Service District. P. TUTTLE asked if the Assembly would be looking at strip paving the roads with the Woodland Acres Subdivision and excluding the drainage issues. B. CASSIDY replied that excluding the drainage on Sean Circle, all other drainage issues would be addressed by the paving project. As for strip paving it was up to the Assembly as to what the next step would be. H. PARKER relayed that she was glad to see Assembly Members attending the Service District meeting and would like to see more of this kind of participation in order to stay informed re the many issues within the Service Area, especially the paving project issue. BOARD COMMENTS: SL. Adinolfi: Was informed by 2 -3 people that the Contractor may be using the wrong size tires, due to shoulder crushing along the roads within the Service District. There have been reports of material placed in the natural drainage areas. Asked what type of enforcement the Board has over the Contractor for things that may be done wrong. B. CASSIDY told her to forward these concerns to the Eng/Fac department so that these types of issues may be resolved. K. Arndt: Asked the Chair to pay attention to the Daily Work Reports given by Brechan Enterprise. He was concerned with the price that was paid for the sign installation. Usually, the Board receives two quotes to purchase the signs and once they are purchased, the signs are given to the Contractor to install. The Board could have saved a lot of money if done properly. E. MAHONEY told the Board he was concerned about fixing and replacing the signs, spoke to the Contractor to fix them, they purchased the signs and installed. He was unaware of the process to replace and/or purchase the signs. He apologized for the misunderstanding. K. ARNDT continued by saying that he was glad to see everyone at the meeting and would like to see a monthly schedule implemented for these meetings. S. Arndt: Thanked the public for attending the meeting. \\Dove\Departments\EFService Districts\Service Area No. 1 Board\Agendas and Minutes \Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc C. Lorenson. Questioned the $1500 of overtime submitted by Brechan Enterprises for the guardrail installation. He noticed that the grading was being done within the Service District during the evenings, due to their daily obligation of repairing Willow Street for the City of Kodiak. Recommended looking closely at the invoices that are being submitted for any discrepancies. E. Mahoney: Thanked the public for attending. Apologized for the sign mishap. Wanted to see the problem with the ditch lines on Sean Circle resolved. And informed the public that the Board was very concerned that the maintenance within the Service District be done and kept up. D. Symmons: Would like to see more work sessions being held by the Board, so that they could discuss and work out issues prior to the meetings. MEETING SCHEDULE: There was no meeting scheduled at this time. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:00 p.m. SUBM111'ED BY: a Kepley, Secretary Engineering / Facilities Depar ent APPROVED BY: Ed ahoney, ervice Are 1 Board Move \Departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc ACTION ITEMS: APPROVED: APPROVED: APPROVED: APPOINTED: APPROVED: APPOINTED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — September 25, 2006 APPROVED: Motion to adjourn. SUMMARY Motion to approve the minutes of the Regular Meeting of August 28, 2006 and the Special Meeting of September 11, 2006. Motion to adopt School Board Policy Section 3.16, Reemployment of Retired Employees, in the first reading and to forward the section to the October 30, 2006, Regular Meeting for a second reading and public hearing. Motion to approve the FY 07 Alaska Community Learning Centers Program Grant Amendment in the amount of $20,000 for a total grant award of $307,737. Board President Roy Brown appointed the following members to the Wellness Advisory Committee: Melissa Wages, Darlene Rounsaville, Leslie Foy, RaeJean Blaschka, Debbie Hill, Jennifer Moe, Juanita Richard, Laurie Madsen, Cassandra Juenger, Jennifer Kersch, Lydia Olsen, Darsha Spalinger, Ann Ellingson, Casey Janz, Peggy Purdy, Jenny Wandersee, Jody Carmen, Jessica Davis, Katrina Ozols, Eric Linscheid, Steve Doerksen, Pete Jarvis, Ron Fried, and Alvin Arboleda. Motion to accept the 2005/2006 School District Report Card to the Public. Commander Scott Williams to serve as the Coast Guard Representative to the School Board. Motion to enter into Executive Session following the portion of the agenda reserved for Board Comments, for the purpose of discussing negotiations and legal matters and to include Superintendent Betty Walters, Director of Finance Dave Jones and Director of Personnel and Student Services Jack Walsh. LRECEOVEfi ji SEP 2 6 ZU06 Leg BOROUGH CLERK'S OFFICE Complainant 637-7- 63 Signat N: \CD \Zoning Enforce vent \Zoning Violation Compla inl.doc Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Property Owner of Above Property Tenant of Above Property (Name & Mailing Address) (If Applicable) rr � % Telephone: D6 -'` ( / Telephone Compin A �T. 6` S Ar u � l Date a 3 03 Legal Description of Property Where Violation is Occuring: (7 (7 Street Address v7 S 2 ) �r^Y Zoning �r c e 7 1, e • AO , net ..�� Fa 11111 Mailing / �1!, 0 . a � � I�1 I l e I rea m ame dress): 0 ice. g nt.r plaint: