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2006-11-02 Regular MeetingNovember 2, 2006 — 7:30 p.m. Regular Meeting Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk 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 A. Kodiak Island Borough Regular Meeting of September 7, 2006. AWARDS AND PRESENTATIONS — None. 8. COMMITTEE REPORTS 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. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) ,�T�oll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 4:A. 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. /'I- 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 Ouzinkie School Foundation Project. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS NnnP 13. NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Deputy Presiding Officer. B. CONTRACTS 1. Contract No. 2004 -61 B Legislative Consultant for the Kodiak Island Borough During the FY07 and the FY08 Legislative Sessions. Kodiak Island Borough Assembly Agenda November 2, 2006 Page 1 13. Continued from Page 1 2. Contract No. FY2007 -21 Cooperation Agreement with Karluk Tribal Council for Tax Exemption of a Low Income Housing Project Necessary for Department of Housing and Urban Development Funding Assistance. 3. Contract No. FY2007 -22 Landfill Lateral. Expansion Design and Construction Services. 4. Contract No. FY2007 -23 Providence Kodiak Island Medical Center - Design Development and Construction Documents for Phase 5 of the Community Health Center. C. RESOLUTIONS 1. R solution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion VAT `oorough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. 2. Resolution No. 1997 -39A Authorizing the Approval of an Amendment of Resolution r t. FY1997 -39 for the Lease with the Providence System in Alaska for Kodiak Island Counseling Center. 3. Re� olution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery P s Ytfgnagement Council on Gulf of Alaska Rationalization. 4. Resolution No. FY2007 -13 Urging Support for the Proposed 2007 -2012 Outer Continental Shelf (OSC) Oil and Gas Leasing Program Provided Certain Environmental and Economic rn,i \�'� Safeguards Are Ensured. D. ORDINANCES FOR INTRODUCTION — None. E. OTHER ITEMS 1. Resignation of Planning and Zoning Commissioner. 2. Review of an option for KIB Acquisition of Lots 1B and 1E, Block 4, Woodland Estates Subdivision Under the Applicable Provisions of KIBC Title 18, as Recommended by the KIB Planning and Zoning Commission in Subdivision Case S05 -005. 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. EXECUTIVE SESSION A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). B. Matters Involving Negotiations with IBEW 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural /Engineering Review Board Meeting Minutes of August 8, 2006. 2. Planning and Zoning Commission Regular Meeting of September 20, 2006, and Special Meeting of September 27, 2006. 3. Womens Bay Service Area Board Regular Meeting of April 10, August 14. and September 11, 2006. v v April B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of October 9, 2006. 2. Kodiak Island Borough /City of Kodiak Gulf of Alaska Groundfish Rationalization Task Force Report Dated October 9, 2006. Kodiak Island Borough Assembly Agenda November 2, 2006 Page 2 November 2, 2006 Regular Meeting 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assembly members Branson, Williams, 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 A. Kodiak Island Borough Regular Meeting of September 7, 2006. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 6. AWARDS AND PRESENTATION — None. 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. Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING — Limited to five minutes per speaker. A. 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. Recommended motion: Move to adopt Ordinance No. FY2007 -01E. Staff Report - Administrative Official Cassidy 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- 01A(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinkie School Foundation Project. Recommended motion: Move to adopt Ordinance No. FY2007- 01A(A). Staff Report - Administrative Official Cassidy 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 Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 2 C. 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. Recommended motion: Move to adopt Ordinance No. FY2007 -01 C(A). Staff Report - Administrative Official Cassidy 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 — Administrative Official Cassidy 11. MESSAGES FROM THE BOROUGH MAYOR — Mayor Selby 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Deputy Presiding Officer. Mayor Selby opens the nominations — Nominations may be made by any member of the Assembly - a second is not needed. Mayor Selby closes the nominations. If only one individual is nominated, the recommended motion is: Move to cast a unanimous ballot for as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION If more than one individual is nominated, Mayor Selby asks the clerk to distribute, collect, and tally the ballots. Balloting continues until there is a majority vote and Clerk Javier announces the Assembly member elected to serve as Deputy Presiding Officer. Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 3 B. CONTRACTS 1. Contract No. 2004-61B Legislative Consultant for the Kodiak Island Borough During the FY07 and the FY08 Legislative Sessions. Recommended motion: Move to authorize the manager to execute Contract No. 2004 -61B with Hickey and Associates of Juneau, Alaska for professional legislative consulting services in the amount of $40,000 per year for the period of January 2007 through December 31, 2008. Staff report - Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION 2. Contract No. FY2007 -21 Cooperation Agreement with Karluk Tribal Council for Tax Exemption of a Low Income Housing Project Necessary for Department of Housing and Urban Development Funding Assistance. Recommended motion: Move to authorize the Manager to execute Contract No. FY2007 -21 with Karluk Tribal Council of Karluk, Alaska providing property tax exemption of property located at KARLUK Block 6 Lot 2 while property is owned by Karluk Tribal Council and used for low income housing. Staff report - Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION 3. Contract No. FY2007 -22 Landfill Lateral Expansion Design and Construction Services. Recommended motion: Move to authorize the Manager to execute Contract No. FY2007 -22 with CH2M Hill for the Landfill Lateral Expansion Design and Construction Services in an amount not to exceed $392,599. Clerk's Note: Attached on green paper are the revised pages of the contract. Staff report - Administrative Official Cassidy Assembly discussion. ROLL CALL. VOTE ON MOTION Q Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 4 4. Contract No. FY2007 -23 Providence Kodiak Island Medical Center - Design Development and Construction Documents for Phase 5 of the Community Health Center. Recommended motion: Move to authorize the Manager to execute Contract No. FY2007 -23 with Prochaska and Associates for Phase V- Design Development/Construction Document Services for the Community Health Center in an amount not to exceed $265,315 inclusive of reimbursable expenses. Staff report - Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION C. RESOLUTIONS 1. Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. Recommended motion: Move to adopt Resolution No. FY2007 -11. Staff Report — Administrative Official Cassidy Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Resolution No. 1997 -39A Authorizing the Approval of an Amendment of Resolution FY1997 -39 for the Lease with the Providence System in Alaska for Kodiak Island Counseling Center. Recommended motion: Move to adopt Resolution No. 1997 -39A. Staff Report — Administrative Official Cassidy Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 5 3. Resolution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery Management Council on Gulf of Alaska Rationalization. Clerk's Note: Attached on yellow paper is a copy of the resolution which is available to the public. Recommended motion: Move to adopt Resolution No. FY2007 -12. Staff Report — Administrative Official Cassidy Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 4. Resolution No. FY2007 -13 Urging Support for the Proposed 2007 -2012 Outer Continental Shelf (OSC) Oil and Gas Leasing Program Provided Certain Environmental and Economic Safeguards Are Ensured. Recommended motion: Move to adopt Resolution No. FY2007 -13. Staff Report — Administrative Official Cassidy Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. ORDINANCES FOR INTRODUCTION — None. E. OTHER ITEMS 1. Resignation of Planning and Zoning Commissioner. Recommended motion: Move to accept the resignation of Planning and Zoning Commissioner Jerrol Friend and direct the Borough Clerk to advertise the vacancy per Borough Code. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 6 2. Review of an option for KIB acquisition of Lots 1B and 1 E, Block 4, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the KIB Planning and Zoning Commission in Subdivision Case S05 -005. Recommended motion: Move to authorize the manager to negotiate with property owner of Lots 1B and 1E, Block 4, Woodland Estates Subdivision and develop cost of acquisition information. Staff report - Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION 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 Strategic Planning Meeting scheduled on Saturday, November 4, 2006 has been cancelled. The Assembly will meet in a work session on Thursday, November 9 at 7:30 p.m. in the Borough Conference Room. The regular meeting scheduled on Thursday, November 16 has been cancelled. The Mayor and Assembly members will be traveling to Juneau the week of November 12 to attend the Alaska Municipal League Conference. The Clerk's office will be closed November 13 -15 and will reopen for business on November 16. The General Election will be held on Tuesday, November 7, 2006. Absentee voting for the General Election is available in the Borough Clerk's office through November 7. If you have any questions regarding your poling precinct, please call the Borough Clerk's Office at 486 -9310. Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 7 16. EXECUTIVE SESSION (Clerk's Note: Discussion should be limited to the subject stated in the motion to hold the executive session. Tans, Gordon. (2005.) Open Meetings in Alaska, 11.) A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A.) Recommended motion: Move to convene into executive session to discuss the refund of taxes paid under protest per AS29.45.500(A), a matter that qualifies for executive session under confidential attorney - client communications. ROLL CALL VOTE Please invite all Assembly members, the Manager, the Finance Director, and Clerk's Office staff to participate. Attorney Tom Klinkner will participate via tele- conference. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. (Clerk's Note: It is necessary to reconvene the regular meeting and announce if there is an action to be taken or no action will be taken as a result of the executive session.) B. Matters Involving Negotiations with IBEW. Recommended motion: Move to convene into executive session to discuss matters involving negotiations with the IBEW, this qualifies for executive session per KIBC 2.17.030E, matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE Please invite all Assembly members, the Manager, the Finance Director, and Clerk's Office staff to participate. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. The Mayor will reconvene the regular meeting and announce if there is an action to be taken or no action will be taken as a result of the executive session. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 2, 2006 Page 8 W • c) 0 O � • U • 0 0 0 b ct 0 0 0 Tu 1- o U fil v Mr. Abell A 1VIS. J31tL115V11 Mr. Friend Ms. Jeffrey LIOLVC t sy\ Mr. Oswalt - 1V15. • TOTAL Ho qv . 4A1 Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt 1v1 TOTAL 'C3 0 U v b S Q --- Mr. Abell 1 Mr. Friend Ms. Jeffrey gouicl •syA Mr. Oswalt i ZF1.LOI c C'C? 0 CD 0 8 Mr. Abell Mr. Friend gyp, Ia.z33af • SJA Ms. Lynch Mr. Oswalt --StE1444.44ZIAL TOTAL .4 ...-- 4✓ \ ---m O Q O 4 0 , > > 1 , Mr. Abell Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt SLIMUJIAk-Lgielf TOTAL W • c) 0 O � • U • 0 0 0 b ct 0 0 0 Tu 1- Lp O 0 'b N 0 O U .y CZt 0 0 #D O cd 773 O cn O O ti ■ • Mr. Abell lvl.�. l.�a uaa.�vaa Mr. Friend Ms. Jeffrey rap uauic'I •SL\l Mr. Oswalt i.to. .Txa11u111.) TOTAL d ' t C A CD t Z Mr. Abell Mr. Friend Xazuuar •sj Ms. Lynch Mr. Oswalt TOTAL M � W o 8 cA $ c,r 9 Z Q Mr. Abell Mr. Friend 3' Ms. Jeffrey uauX— Mr. Oswalt TOTAL M ^ r, N c" z Mr. Abell Mr. Friend rsw ll�rn '•'JAI TOTAL aa O 7 Co > 31' iiagd 'ALAI Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt TOTAL Lp O 0 'b N 0 O U .y CZt 0 0 #D O cd 773 O cn O bA 0 U co 6 cip 0 u ul crs as N 1 t ___Z--Lk— - N Mr. Abell c ct c:' Mr. Friend Ms. Jeffrey Ms. Lynch lTMSO 'JLAI c 1Vls. W illlalils TOTAL \___111— (.F ' i 'C3 U iii cA J a i k ✓_ 0 8 pa V] Mr. Abell v a u Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt c c 1Vls. VV 1111aiils TOTAL g 8 go O cA Mr. Abell gi. l u 4 Mr. Friend Ms. Jeffrey Ms. Lynch lIums0 i c i 1vIs. W 1111a11s TOTAL 2 0 • U _ rQ (/] *___,/ Mr. Abell cr Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt 4 K r f TOTAL 0 N (/D Y Mr. Abell U � pli w Mr. Friend _ Ms. Jeffrey Ms. Lynch_ t Mr. Oswalt TOTAL bA 0 U co 6 cip 0 u ul crs as N 1 c? ( c7w 0 P4 Mr. Abell i c, Mr. Friend Ms. Jeffrey ., Ms. Lynch Mr. Oswalt u illiams TOTAL t, O N 'logy '-IN uu� ueatj 1 Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt • TOTAL ti 0 Mr. Abell Jr p Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt 'Iv.LO.L o CZ?' '4,0 o _ g -d 0 I O 0 ›-I vc II ogy 'iY\ t A Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt 'Iy.LO.L woo V ‘--.2_\\ 4-- st - S. , ‘ . 4 \ c4 1 Mr. Abell Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt TOTAL . SI - c i • W W 0 O � U • d N cts • U N CID 0 a) N 0 C0 0) w � >, ct - w 0 cct a) O O N Z Mr. Abell ;rnr Mr. Friend Ms. Jeffrey IC Ms. Lynch Mr. Oswalt . TOTAL O 8 Mr. Abell puau ueswej •e Ms. Jeffrey Ms. Lynch Mr. Oswalt TOTAL O z Mr. Abell 4 Ms. B. auSuu Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Williams -; \-V) °-S O N v) ›. --"-' Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch .� Mr. Oswalt Su tir sw TOTAL O N ti may . nAl. Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt TOTAL x 0 0 O w O i cu O U c ,, as 73 0 a� cG j CID 0 z O N: \CLASSY \ ROLL CALL SHEETS .wpd ROLL CALL SHEET U a) a) Q bO a) at i U up > o 9 4) iD c3 O O H o w ' Mr. Friend Ms. Jeffrey LiouiYj 'SLAT l iems O ` r TOTAL C O O N 7 iioww ' Mr. Friend Ms. Jeffrey H Ms. Lynch Mr. Oswalt TOTAL of O N / ‘ — O / 7 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt K c ivis. w imams TOTAL t _ W - 6 U CI] \ c;>'' -'-'.* 7 Mr. Abell Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt SUiPirrr n• _.- l r� TOTAL O N z -- 4.: :; A Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Williams TOTAL U a) a) Q bO a) at i U up > o 9 4) iD c3 Regular Meeting of: Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING /G - ,>/ze, o 6 P C-7 ,c f__„__, (& ( - - �( 6v rte dc„j„,„---- ;C ToXf BRA At-- Ktiic-- Regular Meeting of: Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING /G - ,>/ze, o 6 P KODIAK ISLAND BOROUGH Regular Assembly Meeting September 7, 2006 A regular meeting of the Kodiak Island Borough Assembly was held September 7, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Department heads; Engineering and Facilities Bud Cassidy, Finance Director Karl Short, Project Manager Ken Smith, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. WILLIAMS moved to excuse Assembly member Branson, seconded by OSWALT VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA JEFFREY moved to approve the agenda, seconded by WILLIAMS VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of July 20 and August 3, 2006. OSWALT moved to approve the minutes as submitted, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS SUBMITTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Mayor Selby proclaimed September 2006 Alcohol and Drug Addiction Recovery Month. Melanie Nelson with Safe Harbor accepted the proclamation. Mayor Selby proclaimed September 16, 2006 as United States Coast Guard "We Applaud You Day." Proclamation will be presented at the United States Coast Guard "We Applaud You Day" celebration on September 16, 2006. CITIZENS' COMMENTS Debora King, Economic Specialist with the Kodiak Chamber of Commerce, spoke in support of Resolution No. FY2007 -07. This funding request was for the Kodiak Branding and Marketing Committee and the "Star of Kodiak ", a community -based Quality Assurance Program for wild seafood products originating from the Kodiak Region. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 1 Stephen Taufen with the Groundswell Fisheries Movement spoke against the funding request for the "Star of Kodiak" salmon seafood enhancement program. He believed in assisting fishermen in a direct marketing entrepreneurial manner. He also favored results over mere activities. Pat Holmes appreciated having the meetings publicized on the radio. He supported Resolution No. FY2007 -08 urging the federal subsistence board to designate Kodiak rural. COMMITTEE REPORTS A. Scott Arndt, Architectural Review Board Member, noted they met and interviewed four firms for the ADF &G building. First choice was ECI Hyer and RIM Architects was the second. Additional information will be forwarded to the Assembly. B. Cecil Ranney reported that the Gulf Rationalization Task Force met September 6, 2006 at the college and will meet again September 20, 2006 for additional input. Task Force is working on a recommendation for the Borough, hoping to have it ready for the October joint work session with the City. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford received a letter from Donald Rush, CEO of Providence Kodiak Island Medical Center, inviting the Mayor and Assembly to a joint meeting to address health needs with the Providence Region Board on September 22, 2006. In the Assembly's mail was a Structural Condition Survey for the Kodiak High School Pool prepared by BBFM Engineers, Inc. With this information, staff would be working on numbers to submit to the Borough. Manager Gifford will be out of the office September 8 - 20, 2006 to attend the ICMA Conference. MESSAGES FROM THE BOROUGH MAYOR - None. UNFINISHED BUSINESS — None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. JEFFREY moved to authorize the Manager to execute Contract No. 2007 -10 with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $365,450, seconded by WILLIAMS Manager Gifford reported that the Bayside Fire Department is replacing the existing 1983 fire truck with a new Pumper Fire Engine. The cost includes the tank, hoses, pumping equipment and other accessory items used to extinguish fires. Two firms responded, the second was determined as non- responsive. Proposals were reviewed by staff, Service Area No.1 Board, and the Borough Attorney. Assembly member Stephens asked if staff had heard from the low bidder. He was concerned about not going with a low bid because they were determined non - responsive. Assembly member Kodiak Island Borough Assembly Minutes September 7, 2006 Page 2 Stephens was also concerned about the advance payment made to contractor. He would propose an amendment. Scott Arndt responded that the Board was comfortable with the financial arrangements of prepayment in that the Coast Guard and Womens Bay have both purchased equipment under the same conditions successfully in the past. JEFFREY moved to amend the motion to authorize the Manager to execute Contract No. 2007 -10 not to exceed $385,754, seconded by STEPHENS Assembly member Abell stated the he will vote against the amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Jeffrey, Oswalt, Ranney, Stephens (Ayes); Abell, Williams (Noes) ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY :: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Contract No. 2007 -11 RFP #1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. WILLIAMS moved to authorize the manager to execute Contract No. FY 2007 -11 to Jensen Yorba Lott Inc. of Juneau, Alaska to perform the services specified in RFP #1, in an amount not to exceed $733,484, second by JEFFREY Manager Gifford reported that the Architectural Review Board interviewed four firms and recommended Jensen Yorba Lott Inc. of Juneau. Other information has been attached about the selection of the architect. Assembly member Williams said she received additional information about the project today and was not prepared to vote. WILLIAMS moved to postpone Contract No. 2007 -11 to the next regular meeting of September 21, 2006, seconded by STEPHENS Assembly member Stephens had reviewed the memorandum and it answered some of the questions, but not all. He suggested that the vote be postponed because he had questions and the issue needed to be dealt with before he could vote on the issue. Assembly member Williams was also concerned about the time and materials aspect of this contract. Manager Gifford explained the difference between a professional and construction contract. A construction contract as with architectural and engineering services may flex in costs and scope of work. It is the Borough's job to manage within the budget. Assembly member Jeffrey stated she was going to vote for the contract. She was satisfied with the language and did not want to delay the project any further. Assembly member Ranney hoped that, if the project was delayed, questions would be answered timely because people are concerned about the seismic study. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 3 Assembly member Oswalt would like to see the action postponed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Oswalt, Ranney, Stephens, Williams, Abell (Ayes); Jeffrey (No) B. RESOLUTIONS 1. Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. OSWALT moved to adopt Resolution No. FY2007 -06, seconded by ABELL Manager Gifford reported that negotiated leases needed to be approved by the Assembly. The term of the lease was for one year and the rate per square foot had been approved in the fee schedule by Resolution No. 2003 -20E on May 18, 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt 2. Resolution No. FY2007 -07 Supporting Funding for the Kodiak Branding and Marketing Committee. ABELL moved to adopt Resolution No. FY2007 -07, seconded by JEFFREY Manager Gifford reported that this resolution would support funding to the Kodiak Branding and Marketing Committee (KBMC). Assembly member Williams was concerned about the exclusive use of the Star of Kodiak logo, not having legal ownership. Debora King reiterated that International Seafoods of Alaska (ISA) had given permission to use the logo. Assembly member Oswalt visited with two processors this week and they were curious if Trident had permission to use the Star of Kodiak. He voiced concern about the legal rights to the "Star of Kodiak" title. Assembly member Jeffrey supported this promotional program. In response to Assembly member Abell, Debora King noted the last communication with ISA was September 6. Mr. Abell stated he would vote for the $25,000. Assembly member Stephens would vote against the requested funding because he believed it was too late in the year to vote to fund this promotional program. Assembly member Jeffrey believed that it was the responsibility of this community to support this marketing tool. Assembly member Ranney noted that the budget was only an estimation of what is spent and the manager had assured them that there was money for this and can be addressed during mid -term budget amendments. Mr. Ranney hoped that this would be seed money and that the processors and fishermen would get behind this promotional tool. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 4 Assembly member Williams agreed that this marketing tool was good but was also concerned about the title. Mr. Stephen Taufen reiterated his concerns because he did not believe the taxpayers should be paying for it. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Abell, Jeffrey, Ranney, Selby (Ayes); Stephens, Williams and Oswalt (Noes) 3. Resolution No. 1995-01G Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendment to Series BC- 05 in the Clerk's Office. WILLIAMS moved to adopt Resolution No. 1995 -01G, seconded by JEFFREY Clerk Javier reported that the records retention schedule needed to be updated to allow keeping certain records permanently. The resolution had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 4. Resolution No. FY2007 -08 Urging the Federal Subsistence Board to Designate Kodiak Rural. OSWALT moved to adopt Resolution No. FY2007 -08, seconded by STEPHENS Manager Gifford stated that the proposed resolution presented arguments that the Kodiak area should remain rural. Assembly member Stephens supported this resolution and encouraged the public to appear before the board. Assembly member Jeffrey had spoken to people affected directly with the resolution. She reported that it was up to the public to address and state opinions about Kodiak's rural nature at this hearing. Mayor Selby encouraged people that partake in fish and game use to speak at the public forum. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams After a fifteen - minute break, Mayor Selby reconvened the regular meeting at 9:06 p.m. B. ORDINANCES FOR INTRODUCTION 1 Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3. Transient Accommodations Tax to Provide for Collection That is More Efficient. JEFFREY moved to adopt Ordinance No. FY2007 -06 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford explained that amending the ordinance would eliminate the possibility of the owner of real and personal property avoiding responsibility for the accommodations tax by renting property to third party operators. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 5 Assembly member Stephens wondered if the Borough had authority to pass this ordinance to assess the lien. Stephens was opposed because he did not think this was necessary and that collections could be handled in a different manner. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Jeffrey, Ranney, Abell, Selby (Ayes), Oswalt, Stephens, Williams (Noes) 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations WILLIAMS moved to adopt Ordinance No. FY2007 -07 in first reading to advance to public hearing on September 21, 2006, seconded by JEFFREY Manager Gifford explained that the present personnel code states that "A member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough." The Borough does not believe that this was the intent of the current language and recommended that the current limitation be changed. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams Abell, Jeffrey 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. JEFFREY moved to adopt Ordinance No. FY2007 -08 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford reported that the Community Development had initiated a code update to portions of the KIB zoning ordinance as it relates to different "transient accommodation" uses. The code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. Assembly member Stephens stated he was going to vote against the ordinance. He had not seen a statement of need for this bed and breakfast ordinance and understood that it was because of complaints about parking. Assembly member Jeffrey stated she was going to vote to move the ordinance for a second hearing to have more time to study it and hear from the public. Assembly member Williams indicated that she was going to support this ordinance to hear public input. Assembly member Ranney wanted to hear from Planning and Zoning Commission in a work session. Manager Gifford would have the Community Development Department and the Planning and Zoning Commission come to speak at the next work session to answer any questions the Assembly may have. The ordinance update had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Ranney, Williams, Abell, Jeffrey, Oswalt (Ayes); Stephens (No) Kodiak Island Borough Assembly Minutes September 7, 2006 Page 6 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. ABELL moved to adopt Ordinance No. 2007 -01A in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford thanked Bud Cassidy, Ken Smith, and Duane Dvorak for their hard work in securing this grant in the short amount of time they had to work on it. Mayor Selby also commended staff in securing these grants for the seismic repairs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. RANNEY moved to adopt Ordinance No. FY2007 -09 in the first reading to advance to public hearing on September 21, 2006, seconded by Williams. Manager Gifford reported that the Ordinance was recommended by Assembly member Ranney. Legal opinion had been requested but was not available for this meeting. Manager suggested the ordinance be advanced to a second public hearing and legal advice would be available at that time. Assembly member Ranney reported that the PERS program was in trouble and this ordinance would help remedy the problem. Assembly member Williams will vote for this ordinance, to move it forward to have a chance to hear the legal opinion based on Assembly member Stephens' memo. Assembly member Stephens was afraid that the ordinance as stated would have legal ramifications. Assembly member Jeffrey agreed with Assembly member Stephens on the ordinance and looked forward to legal opinion. She suggested making the effective date beyond this election and not making it effective in the middle of an election. Assembly member Abell would vote against the ordinance. He believed this was a rightful benefit for the elected officials. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Jeffrey, Oswalt, Stephens (Noes); William, Ranney (Ayes) D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). WILLIAMS moved to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer, seconded by ABELL. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 7 Manager Gifford addressed the situation of the Buskin River Inn not remitting their transient taxes since July 2004 in the amount of $43,603.42. Koniag Inc. paid the taxes to release the lien put in by the Borough. Attorney Tom Klinkner is reviewing the case and staff requested that the case be postponed to the next meeting. STEPHENS moved to postpone the request to refund the collected and related expenses to the taxpayer to the September 21, 2006 regular meeting, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Vacation of a 10 -Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. ABELL moved to approve the vacation of a 10 -foot wide electrical easement located on portions of proposed Lots 3 and 4, Northern Business Park, seconded by JEFFREY Manager Gifford explained that KIB Planning and Zoning Commission approved the above referenced electrical easement vacation after a public hearing held on July 19, 2006. The Kodiak Island borough Assembly is the applicable review body, which must review the vacation request in accordance with KIB Code Section 16.60.060. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell CITIZENS' COMMENTS Isa Steel thanked the Borough Assembly for making the schools safer from earthquakes. She urged the Assembly to make decisions quickly so that schools would be safe for the children and staff. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke about the contract for design services from an architectural firm. He appreciated the memo in response to his questions. Assembly member Oswalt would like an Engineer's condition report on the pool discussed at the next work session. He also would like to see upgrades done immediately, i.e, Saline pool UV system. Assembly member Jeffrey voted against PERS ordinance not because she did not think it was important. She felt rushed about the issue and that it needed to be discussed further. Assembly member Abell felt that the ventilation system in the pool area needed to be addressed. He reported a study was being funded through SWAMC to conduct seafood harvesting labor data. Seats are also open on the SWAMC Board. He would like to see the Assembly discuss selling the hospital to Providence. Assembly member Ranney had no comments. Assembly member Williams thanked the Assembly for its input. She also thanked Assembly member Abell for his comments about the hospital. Ms. Williams believed that the Borough should divest themselves of garbage collection and metals considering the costs. She would like the garbage issue discussed on the next work session along with the solarium. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 8 ANNOUNCEMENTS The Assembly would meet in a work session on Thursday, September 14 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 21, 2006 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT WILLIAMS moved to adjourn, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey The meeting adjourned at 10:05 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes September 7, 2006 Page 9 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Recommended motion: Move to adopt Ordinance No. FY2007-01E. Item No. 9.A 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. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007-01E Requested by: Borough Manager Drafted by: Finance Director Introduced: 10/19/2006 Public Hearing: 11/02/2006 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, 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 Wilkam 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 Go rnmunlly O sun Designated Legislative Grant Program Grant Agreement 4 ote of AO 0° Grant Agreement Number 07 -DC -326 Amount of State Funds $10,000.00 Collocation Code(s) 8179564 Encumbrance Number /AR/Lapse Date / 10494 / 6/30/2011 Project Title Port Lions Community Work Shop 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 I 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 Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date I Reviewed by: �� 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. 2. Project Budget Attachment A Scope of Work 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. 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 D E P A R T M E N T O F COMMERCE Frank H. Murkowske', Governor William C. Noll, Commissioner COMMUNITY AND ECONOMIC DEVELOPMENT Michael Black, Director ' m September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 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. o c,roMUnIfy, %le of co incerely, kki Robin Park Grants Administrator 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 Email: robin_ park @commerce.state.ak.us Website: http : / /www.commerce.state.ak.us /dca e. Go rnmunlf o ,- Designated Legislative Grant Program m % ° __ . __: Grant Agreement * eof 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 shall of the payment shall to be performed consists ATTACHMENTS AGREEMENT Commerce, Community and Kodiak Island Borough (hereinafter Economic 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 $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 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 III Date Date Reviewed by: Pk 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 The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Attachment A Scope of Work 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 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 (I) 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 e. Gommunity O o R -= v m Designated Legislative Grant Program Grant Agreement k kite of A10 Grant Agreement Number Amount of State Funds 07 -DC -511 $570,000.00 Collocation Code(s) Encumbrance Number /AR/Lapse Date Project Title 8179751 / 10681 / 6/30/2011 Ouzinkie Dock Replacement 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 465 -4731 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 $570,000.00. 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:' 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 cost 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 The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Attachment A Scope of Work 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 September 19, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 (;1 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 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 co mmunity, 0 ? m. "" ° ON " Fi �` m Designated Legislative Grant Program s 0 Grant Agreement of NOSY° * 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: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 8] is to provide funding to the Kodiak Island Borough for use towards the Area Wide School Equipment & Supplies. This project IN 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 November 2, 2006 Recommended motion: Move to adopt Ordinance No. FY2007- 01A(A). Item No. 9.B Ordinance No. FY2007- 01A(A) Amending Ordinance No. Fy2007 -01 Fiscal Year2007 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 School 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: 11/02/2006 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 ►v1 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 www.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 Transfer 9. Effective Date of This Action August 18, 2006 10. Method of Payment: Electronic Funds 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 l ifApplicable 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 Wa4 1.4 Printed Name: Karleton Short Date: 4 - / (-CO Phone: 907 - 486 -9320 Fax: 907 - 486 -9399 Email: kshort@kib.co.kodiak.ak.us Date: /ie /6 16. Signature of Local Jurisdictio ' ! I atory Official X:44...-4.7e, �- ` . q„ f J,. Prin ed Name and Title: Rick Giff , , Bo ough Manager Phone: 907 - 486 -9301 Fax: 907 - 486 -9374 Email: rgifford @kib.co.kodiak.ak.us 17 HS&E Signato Offi 'al F,L David E. Liebersbach, Governor's Authorized Representative Date la.- t oc r X:'Plans_Preparedness \ Mitigation \1571 04 Bearing Sea Storm \KIB Ouzinkie School Retrofit, 1571 -0009 Ouzinkie 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 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 CircularA -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 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. 13.6 The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with Lobbying; 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 CircularA -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 attomey'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/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 Homeland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security/FEMA, or the State of Alaska. 3 Initial here 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 I 1 Abide tw the ternis of the statement: and 121 Notify the employer m writing of his or her conviction for a violation of a crnnmal drug statute occurring in the workplace no later than five calendar days after Birch corn ict ion (el Noh t■mi the agency, m writing, within 10 caleridatdays after receiving notice under subparagraph (dM2 1 from an employee or otherwise receiving actual notice of such conviction. Employers of cointeted employees must provide m}tice, including position title, to: Department of Justice- Office of Ja lace Programs, ATTN: Control Del, 810 ,' Street, N W. Washrniztcm, D C 20531 Notice shall include the identificaturn numbers i of each affected grant It') Taking one of the following action within 31) calendar day; of receiving not under subparagraph (d)(2I, with respect to any employee who is so convicted— ; 1 I Taking; appropriate personnel action against Such an employee. up to and including termination. consistent with the requnements of the Rehabilitation Act of 1 973. as amended: or Ili Requiring such employee to participate satisfactorily in a drug abuse a.5scs or rehabilitation program approved for such purposes by a Federal. State, or local heahh, law enforcement, in other appropriate agency . let tl,tskine, a good faith effort to canitinue to maims a drug - free workplace through implementation of paragraphs tat, (lat. fcf.Idi. t et. and it'd fi The e.rantec rrray insert in the space provided below the site's) for the performance of work done in connection with th e 5 pecitic grant Place of Performance (Street address. city. count., state, zip cadet As the duly authorized representatr a of the applicant. f, hereby certify that the applicant will comply with the above certifications 1. Grantee Name and .Address. 2 Application Nutnber and or Protect \aint f ped came and Title of Authori IIepresenta to e Signature =a: Mkt Y'r•( -iii r':�X::.. Check if there are workplaces on file that are not identified here Section 0, ' 4) of the regulations provides that a grantee that is a State may elect to make one certifidmtron in each Federal fiscal year A copy of which should be included with each ap- plication for Department of Justice fundine. States and State agencies may elect to use OJP Form 406 Check tI the State has elected to complete OJP Form 4061 '? [>'I2l G FRf:f: OM :PLACE E (GRANTEES W 11 ARE INDi'1'IDt ALS) 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 Part 67; Sections 67 615 and 67,620- - :A. As a condition of the grant, l certify that I will not engage in the unlawful manufacture. distribution, dispensing, posses- sion. or use of a controlled substance m conducting anv activity with the grant; and B II cony icted of a i aminal drug offense re,ultmi from a violation occurring during the conduct of any grant actrvit-. I will repon the conviction, in writing,. within 10 iilendar days of the conviction. to Department of Justice, Office of.lusticc 3 Grantee IRS'Vendor Number r Date Bud Cassidy Engineering and Facilities Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 2, 2006 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 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 David E. Liebersbach Governor's Authorized Representative XAPlans Preparedness\Mitigation\1571 04 Bearing Sea Storm'KIB Ouzinkie School Retrofit \1571 -0009 Ouzinkie grant agreement coverletter.doc Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -01 C(A). Item No. 9.0 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 $10,618, brings the total project budget to $465,618 for the seismic retrofit of the Kodiak High School Library Wing, Project 05026. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01 C(A) Requested by: Borough Manager Drafted by: Finance Director Introduced: 10/19/2006 Public Hearing: 11/02/2006 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 ►ZI 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 Project Manager: Scott Simmons and Address of Military and Veterans Affairs of Homeland Security and Emergency Management P.O. Box 5750 Richardson, Alaska 99505 -5750 www.ak-crepared.com 7. Recipient Project Manager: Ken Smith Phone: 907 - 486 -9341 Fax: 907 - 486 -9394 Email: ksmith @kib.co.kodiak.ak.us Phone: 907 - 428 -7016 Fax: 907 - 428 -7009 Email: scott_simmons@ak - prepared.com Transfer 9. Effective Date of This Action August 17, 2006 10. Method of Payment: Electronic Funds 11. Grant Award and Deliverables (See following two pages and Sub - Grantees' Seismic Retrofit of the Kodiak High School Library Wing as described Grant Amount: $455,508 Estimated administrative allowance (see also 11.13 Total Awarded Amount: $465,618 Handbook) in the agreed upon application. below):$10,110 Grant # 1584.0003 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. See Attachment 1 it Applicable 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 04 -,,40 Printed Name and Titl ick Gifford, Borough Manager Date: 4 4 e F Phone: 907 - 486 -9301 Fax: 907 - 486 -9374 Email: rgifford @kib.co.kodiak.ak.us Date 0 0 1 HS &EM Signet.' 0 ial (N e an Title) - \\ ■ % 1 4 i \ David . Liebersbach, Governor's Authorized Representative 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 Plans_Preparedness \Mitigation 1 584 04 Kaktovik\ 1584.0003 Kodiak Island Borough High School Library \I584 -0003 grant agreement.doc 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) Q2 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 concems 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.iaw. 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 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 Any 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 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. 3.6 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 CircularA- 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 attomey'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/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 It 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 13.36(b) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(b) 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 -133, 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 IAW 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 U.S. Department of-iustice Office of Justice Plograttts Office of the Comptroller ATTACHMENT 2 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer tea the regulations cited below to determine the certification to which they are required to attt t .Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this forth provides for compliance with certtt"icatron requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 (TR Part 67, "Government -wide Debarment and Suspension tNonpro- curement) and Government -wide Requirements for Drug- Free Workplace IGrantsi " The certifications shall be treated as a material representation of fact upon which reliance will be phaced when the Department oflust ice determines to award the covered transaction, grant, or etwpe rat ive agreement 1. LOBBYING 1s required by Section 1352, l'itle 31 of the tJ.S Code. and unpl enter ted at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $101,000. as defined at 28 (`FR Part 69. the applicant certifies that: tat No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person f of in- fluencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employee of Congress, or an employee of a Membtir of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation: renewal. amendment. or nxadiftcat ion of any. Federal grant or cooperativ e agreement: obi 1 f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency. a Member Di an officer or employee of Congress, or an employee of a ivlemher of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and subunit Standard Fornt - LLL, "Disclosure of Lobbying. Activities." in accordance with its instructions: I c 1 The undersigned s hall require that the language of this cer- tification be included in the award documents for all subawards at all hers I tar !Wing subgrants, contracts under grants and eooperative agreements, and subcontractst and that all sub - recipients shall certify and disclose accordingly 2. DEBAR:NIT:NT, SI SPENSION, AND OTHER RESPONSIBILITY '11,vri'E::Rs (DiREC'T RECIPIENT) As required by Executive larder 125.49. Debarment and Suspension. and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transa:bons, as defined at 28 CFR Part 67. Section 67 5i0 -- v A The applicant certifies that it and its prwcipcels t al Are not presently debarred. suspended, proposed frordvbar- ment. declared ineligible. sentenced to a denial of Federa benefits by a State or Federal mutt, or y olurt tar tl excluded from covered transactions by any Federal department or agency: f bt Have not within a three-year period preceding th r.s application been convicted of or had a ci it tudgment rendered against them for ctontnussiun of fraud or a criminal offence rn c(nner- public (Federal, State, oi kwal l transaction or contract under a public transaction: yiokition of Federal or State antitrust statutes or conimi_sston of ernbeeilenrent, theft, forgery, bribery, falsification or destruction of records, ranking False statements, or receiving stolen property: icl Are not presently indicted for or otherwise crimina lb, or cr ,iIly charged by a irovernrtiental entthy (Federal, State. of local) with commission of any of the offenses enumerated in paragraph ( I)( b1 of this certification. and ids Nave not within a three -year period preceding this application had one or mote public transactions (Federal, State, or 'can't terminated for cause or default: and B Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an exptanatitnt to this application 3. DREG -FREE: 'AORK.PLAC I: (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of I{r88, 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 The appl te:ant certifies that it will or will continue to pt ovule a drug -free workplace by (a ) Puhlisititu; a statement notilymg, enrpktyees that the unlawful manufacture. distribution. dispensing possession. or use of a controlled substance is prohibited in the grantee workplace and specifying the actions that will be taken against employees for violation of such prohibition: tb) Establishing an on -going drug -free awareness progrann to inform employees abxout -- { 11 l he dangers ofd rue abuse in the workplace; 121 The grantee's policy of maintaining a drug-free workplace: 131 An' :3 v - aikihle drug counseling, rehabilitation, and cmplovoe assistance programs: and i 41 The penalties that may be imposed upon employees for drug abuse ti, rotation, cxcurting rn the workplace. tc1 Making it a requirentent that each employee to be engaged r n the perforniance of the etant be given a copy of the stateruent required by para graph tar: tit Nu tif tiii theerrpk>vee in the tatement required by paragraph IaI that as a co ndition of ern pto. ntent under the gram. i 1 1 Abide by the terms of the statement: and (2) Notify the employer in writing of his or her conviction for a violatio of a criminal drug tatute occurring in the workplace ni) later than five calendar days after such conviction;. (e) Non fvuig the agency, in wti hng, within 10 calendar days after receiving notice under subparagraph (d)1.2) from an employee or otherwise receiving actual notice of such cc, nvtction Employers of cony icted employees mast provide notice, including, position title. to: Department of Justice. Office of Justice Programs, .ATTN. Control Desk, 310 $ Street.. N W .. Washington, D C 20531 Notice shall include the identification number(s) of each affected grant: if) Taking one of the following actions, within 10 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so con victecl- 1 1) Taking appropriate per action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation Act of 1973, as amended: or (2) Rey twine such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal: State. or local health, kasv enforcement, of other appropriate agency. (g) Making a good faith etTort to continue to maintain a drug• free workplace through implementation of paragraphs (a), (b), (c). (d). (:e). and (ft B The grantee may insert in the space provided below the site( s) for the performance of work done in connection with the specific grant Place of Pertinntance (Street addte s, city, county, state, zip code) 1 Grantee Name and ,Address. 2 Apphiatiort Number and; in Project Name 4 Typed 'Name and Tale of ,Authorized Representative Signature 4t..8,1!-; 4 :. y a.}Il)4l. JK'Hr'H 1.10 .t 11 Check if there are workplaces on file that are no identified here. Section 67. 6. 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 nay elect to use OJP Forn1 4061:7 ('heck if the State has elected to complete OJP Form 4061 DRUG-FREE, S% OR KP LA C'F, (GRANTEES W11() ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 10885, 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 fire grant, I certify that I will not engage in the unlawful manufacture. distribution. disensinet. posses- sion, or use ofa controlled substance in conductine any activity with the grants and B. 1f of a criminal time of'f'ense resulting flout a violation occurring during the conduct of any grant activity. 1 will report the conviction, in writing., within. 10 calendar da.' of the conviction to Department of Justice: Office of) usti ce As the dul authorized representative of the applicant. 1 hereby certify that the applicant will comply with the above cert ifications 3 Grantee IRS.Neridtxr Number t, Date 4 UNC Dear Mr. Liebersbach: 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 U.S. Department of Homeland Security Region X 130 228th Street, SW Bothell, WA 98021 -9796 FEMA www.fema.gov 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 (HMGP): 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. 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 Sinc Carl L. Cook, Jr., Director Mitigation Division Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford, del:rss: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 22, 2006 David E. Liebersbach Governor's Authorized Representative X \Plans_Preparedness \ Mitigation \1584 04 Kaktovik \1584 -0003 Kodiak Island Borough High School Library\1584 -0003 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 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. ECEIVE1 AUG 2 5 2006 L )) KIB MANAGER Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.A.1 Election of Deputy Presiding Officer. 2.17.040 Organization and deputy presiding officer. A. Organization: ,,The assembly shall annually(at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure' B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. as the first order of new business, nominations for deputy presiding officer shall be opened. 2. nominations may be made by any member of the assembly. 3. at the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one (1) other person, tally the ballots. The clerk shall announce the results. 4. a majority vote of the assembly shall be required for election. 5. if no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two (2) remaining and balloting shall continue until one (1) candidate is elected. C. Deputy presiding officer /The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor._ It at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. Fiscal Notes: n n/a Account No. 100 -100 430 -100 Expenditure Required: $40,000 ❑ n/a Amount Budgeted: $35,000 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.B.1 Contract No. 2004 -61 B Contract No. 2004 -61 B Legislative Consultant for the Kodiak Island Borough During the FY07 and the FY08 Legislative Sessions. The Agreement for lobbying services between Kodiak Island Borough and Hickey & Associates expires on December 31, 2006. KIBC 3.16.070 A. states that competitive bids are not required for professional contracts. The Assembly requested that the manager negotiate another contract with Mark Hickey. This contract is another two year contract, similar to the last contract. At the end of this year, Mr. Hickey will have worked for the Borough for six years. This contract is substantially the same contract has the last one, except for the dates and a requested increase from $35,000 to $40,000. This is the first increase in six years. Mr. Hickey has done an excellent job for the Borough working quite well with the legislature and the various State agencies, including the Governor's office. Mr. Hickey has been supportive of the Borough projects assisting the manager and staff, not only with legislation but with project hurdles we confront from time to time with various State agencies who are administrating the grants and /or project. Staff recommends approval of a two -year contract with Hickey & Associates. APPROVAL FOR AGENDA: Recommended motion: Move to authorize the manager to execute Contract No. 2004-61B with Hickey and Associates of Juneau, Alaska for professional legislative consulting services in the amount of $40,000 per year for the period of January 2007 through December 31, 2008. AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES 1. Hickey & Associates (hereinafter the "Contractor ") agrees to represent the Kodiak Island Borough (hereinafter the "Borough ") from January 1, 2007 through December 31, 2008. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as events warrant is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $40,000 per year, or a total of $80,000 for the contract period. $30,000 of the annual fee will be payable on a monthly basis during the session. The remaining $10,000 will be payable on a quarterly basis. Extraordinary out - of- pocket expenses defined as direct expenses for borough- directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7. The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH Rick L. Gifford, Borough Manager Mark S. Hickey, 1O 1 ► 2 /oh. Date Date Al LEST: Nova M. Javier, CMC, Borough Clerk Date HICKEY & ASSOCIATES Fiscal Notes: HI1 n/a Account No. 100 - Expenditure Required: $ ❑ n/a Amount Budgeted: ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.B.2 Contract No. FY2007 -21 Cooperation Agreement with Karluk Tribal Council for tax exemption of a low income housing project necessary for Department of Housing and Urban Development funding assistance. Karluk Tribal Council is in the process of obtaining property from the Kodiak Island Housing Authority for the purpose of providing low income housing. In addition, the U.S. Department of Housing and Urban Development is providing funding assistance for the project and requires a Cooperation Agreement with the local government stating that the property will be tax exempt while the property is being used for low income assistance. Recommended motion: Move to authorize the Manager to execute Contract No. 2007 -21 with Karluk Tribal Council of Karluk, Alaska providing property tax exemption of property located at KARLUK Block 6 Lot 2 while property is owned by Karluk Tribal Council and used for low income housing. COOPERATION AGREEMENT This agreement entered into this day of , 20_, by and between the Karluk Tribal Council (hereinafter called the "Recipient ") and Kodiak Island Borough (hereinafter called the "Local Governing Body "). In consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as follows: 1. Whenever used in this agreement the term "project" shall mean the following described property: KARLUKBK6LT2 which will be developed by the Recipient with financial assistance of the United States of America, acting by and through the Secretary of the Department of Housing and Urban Development (hereinafter called the "Government "), and under the Native American Housing Assistance and Self Determination Act of 1996 or the United States Housing Act of 1937; and 2. The Recipient shall endeavor to secure funding from the Government for the cost to develop the subject property as low income housing. The project is located within the jurisdictional limits of the Local Governing Body. The obligations of the parties hereto shall apply solely to this project and the units therein and to none other within the jurisdictional limits of the Local Governing Body as those jurisdictional limits are delineated on the date of this agreement and hereafter may be modified. 3. Pursuant to this agreement, the subject property is exempt from all real and personal property taxes and special assessments levied or imposed by the Local Governing Body. So long as the project is owned by the Recipient and is used for low - income rental or lease - purchase homeownership purposes, the Local Governing Body agrees that it will not levy or impose any real or personal property taxes or special assessments upon this project or upon the Recipient with respect thereto as required by Section 101(d) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. § 4111(d). During such period in which the project(s) is exempt from all real and personal property taxes and special assessments levied or imposed by the Local Governing Body, the Recipient shall make annual payments of either user fees or Payments in Lieu of Taxes (PILOT) instead of taxes or special assessments in payment for public services and facilities furnished from time to time without other cost or charge to the project. 5. Each such annual payment of user fees or PILOT shall be made at the time when real property taxes on the project would be paid if it were subject to taxation and shall in an amount equal to the greater of $150 per dwelling unit or ten percent (10 %) of the difference between the shelter rent and the utility costs per dwelling unit. 6. Notwithstanding the Recipient's agreement to pay user fees or a PILOT, the Local Governing Body agrees that no lien against the project or assets of the Recipient shall attach, nor shall any interest or penalties accrue or attach on account thereof, for the failure to make such payments of user fees or PILOT. 7. During the period commencing with the date of the acquisition of any part of the site or sites of any project(s) and continuing so long as such project(s) is owned by the Recipient and used for low - income rental or lease - purchase homeownership purposes, the Local Governing Body, without cost or charge to the Recipient or the tenants of the project other than user fees or PILOT described above, shall furnish or cause to be furnished to the Recipient and the tenants of the project any and all public services, facilities and infrastructure of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants within the Local Governing Body's jurisdictional limits. 8. Recipient hereby agrees to comply with the building code of the Local Governing Body and shall take all reasonable measures to safeguard health and safety. 9. The subject property is currently zoned for residential purposes in accordance with KIBC 17.18, and no change of use is allowed without first obtaining zoning compliance approval from the Kodiak Island Borough Community Development Department 10. No cooperation agreement previously entered into between the Local Governing Body and the Recipient shall be construed to apply to the project covered by this agreement. 11. This agreement shall not be abrogated, changed, or modified without the consent of both the Local Governing Body and the Recipient. The privileges and obligations of the Local Governing Body hereunder shall remain in full force and effect with respect to this project so long as the Recipient holds title to it. However, if at any time the title to, or possession of, this project is held by a public body or governmental agency, including the Government, the provisions hereto shall inure to the benefit of and may be enforced by such public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Local Governing Body and the Recipient have respectively signed this agreement and caused their seal to be affixed and attested as of the day and year first above written. Attest: (Title) (SEAL) Karluk Tribal Council By: (Print Name & Title) Attest: Nova Javier, CMC, Borough Clerk Kodiak Island Borough By: Rick L. Gifford, Borough Manager Meeting of November 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.3 Contract No. FY2007 -22 Landfill Lateral Expansion Design and Construction Services The existing landfill footprint which is unlined is quickly approaching capacity and it is expected to last until June 2008. Federal and State regulations require that future landfill cells must be lined with a geomembrane. The contract before the Assembly will take us through the completion of construction in a reasonable time frame and is expected it will allow for enough time to go through ADEC regulatory requirements. Essentially, the lateral expansion will have to be permitted by the state prior to waste acceptance. CH2M Hill is intimately familiar with the landfill site having provided most of the engineering and design work for the improvements and partial closure done in the recent past. Therefore work will be consistent with the overall landfill engineering. CH2M Hill continues to be a good working partner for the Borough in accomplishing goals in a timely fashion. They are a global firm and have significant experience with landfill facilities. Approval of this contract is before the Assembly because the contract amount exceeds the Manager's spending authority in accordance with KIBC 3.16.020. It is recommended that the contract be awarded as a sole source. Not only because of the short time frame in order to complete construction but also in accordance with KIBC 3.16.070 which allows for professional or unique services to be awarded without a bidding process. One to CH2M Hill's familiarity of the site and the backup information at their disposal which will help expedite the process, staff recommends the contract be award to CH2M Hill. Funding for this work will be coming from a_loan with ADEC which is already in place. The Borough only pays on the loan the amount which we have spent. Staff continues to pursue grant fundingfrom the State and is hopeful, with the lateral design work beginning, that the Borough's scores will improve once it can be shown that the Borough is moving forward on the project. APPROVAL FOR AGENDA: AMOUNT: Not to exceed ACCOUNT #: 530 - 731 - 430 -140 $392,599 Recommended motion: Move to authorize the Manager to execute Contract No. FY2007 -22 with CH2M Hill in an amount not to exceed $392,599. C. D. E. F. G. AGREEMENT FOR ENGINEERING & CONSULTING SERVICES KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION DESIGN AND CONSTRUCTION SERVICES THIS AGREEMENT made this day of , 2006 by and between the Kodiak Island Borough (KIB) and CH2M Hill, hereinafter called the "Consultant." WITNESSETH: That the KIB and Consultant for the consideration hereinafter recited agree as follows: Project: The Consultant agrees to perform services as necessary for the professional completion of the project which shall be defined by the following Scope of Work and any additional specifications and addenda thereto which are signed by the parties or incorporated herein as part of this Agreement, which documents are hereinafter referred to as the Contract Documents. The services provided shall be of professional quality, to the reasonable satisfaction of the Project Manager. The essential project activities consist of design and construction services for the landfill lateral expansion. The Consultants Scope of Work, dated October 5, 2006 is included as Appendix I as additional information regarding this contract. The Contractor will keep accurate and complete records of performance and reimbursable costs, and maintain the records for six years, the statute of limitations for contract actions, after the work is completed. 1. Tasks include: A. Project Management B. Pre - Design Phase Schematic Design Phase Design Development Construction Documents Construction Support Services Record Drawings 2. job Commencement and Performance. The Consultant shall commence work on 2006 and will be completed by 3. Project Manager. The project manager shall be the KIB's Environmental Engineering and Facilities Department. 4. Compensation. The KIB agrees to pay to the Consultant as compensation time and material basis not to exceed $392,599.00. Specialist in the for services on a Agreement Lateral Expansion. Construction Services.doc Page 1 of 7 negligence of Contractor and were not within the control of the Borough. The Consultant obligates himself to pay for all materials furnished and services performed by the Consultant's subcontractors or suppliers after the Consultant has been paid by the KIB for the same under this Agreement. 8. Claims. (a) Partial payments for work performed under this Agreement will equal the value of the work done by the Consultant at the agreed price, less the sum of previous payments as provided above; provided that the Consultant is not indebted to the KIB or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by the KIB from any payment or payments made under this provision. (b) The Consultant must notify the KIB or his agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such costs. 9. Changes and Modifications. (a) The KIB may, at any time, by written order signed by the Borough Manager, make changes in the specifications for services hereunder or in the project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by Consultant or the KIB must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the KIB Code. (b) The cost or credit to the KIB resulting from a change in the services or in the project schedule shall be determined as follows: (2) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; or (3) by the hourly fees stated in the contract documents or subsequently agreed upon. 10. Performance of Work. The Consultant shall perform the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire project. Upon written request by the KIB, the Consultant shall furnish to the KIB such evidence as the KIB may require relating to the ability of the Consultant to complete the project. The Consultant shall comply with professional standards and all applicable laws. 11. Delays. In the event the Consultant's performance is delayed or interfered with by acts of the KIB, or any other justifiable cause beyond the control of the Consultant, he may request an extension of time for the performance of it. 12. Approvals. The Consultant shall obtain and pay for permits, licenses, and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. 13. Stop Work. (a) If the Consultant fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the contract documents, the KIB, by a written order signed personally or by an agent, may order the Consultant to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the KIB to stop work shall not give rise to any duty on the part of the KIB to exercise this right for the benefit of the Consultant or any other person or entity. (b) If the Consultant Agreement Lateral Expansion. Construction Services.doc Page 3 of 7 16. Final Completion and Final Payment. If the project is totally complete the KIB will cause a final certificate of payment and make payment to the Consultant within thirty (30) days of the date that the project was certified as finally complete on the conditions set forth below. 17. Termination and Default. If the Consultant is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor after he has been paid, or persistently disregards, laws, ordinances, rules, regulations or order of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the KIB may, without prejudice to any right or remedy and after giving the Consultant seven (7) days written notice, terminate the employment of the Consultant and take possession of all materials and documents prepared by the Consultant in connection with the project, and may finish the work by whatever method he may deem expedient. In such case the Consultant shall not be entitled to receive any further payment until the work is finished. (i). If the unpaid balance of the contract sum exceeds the costs of finishing the project, including compensation for the Project Manager's additional services made necessary thereby, such excess shall be paid to the Consultant. The amount to be paid to the Consultant shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the contract. 18. Assignment. This Agreement shall not be assigned by operation of law or through negotiated agreement by the Consultant without the written permission of KIB. However, subcontracting portions of the project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. 19. Subcontracting. Prohibition of subcontracting without the expressed, written consent of the Borough and subcontractor must agree to be bound by contract terms. 20. Waiver. Failure of the KIB or the Consultant to enforce a specific section of this Agreement against one another or to enforce a particular demand of the KIB or the Consultant made pursuant to the terms of this Agreement shall not effect a waiver of any of the KIB's or the Consultant's rights and powers as set forth in this Agreement. 21 Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. Agreement Lateral Expansion. Construction Services.doc Page 5 of 7 KODIAK ISLAND BOROUGH By: By: Rick L. Gifford Charlie Wilson Borough Manager Alaska Operations Lead ATTEST: Nova M. Javier, CMC Borough Clerk Agreement Lateral Expansion.Construction Services.doc Page 7 of 7 CH2MHILL October 5, 2006 348989 Tracy Mitchell 710 Mill Bay Rd. Kodiak, AK 99615 CH2M HILL 301 West Northern Lights Boulevard Suite 601 Anchorage, AK 99503 -2648 Tel 907.278.2551 Fax 907.257.2000 Subject: Proposal for Design and Construction Services for Kodiak Landfill Lateral Expansion Dear Tracy: We are pleased to submit this proposal for design and construction services for the planned lateral expansion. The attached scope of work was prepared in response to the Borough's request for proposal, and it documents our proposed approach, assumptions, and deliverables for each task. Our cost proposal is summarized below. Task Description Cost 1 Project Management (2006 - 2008) $47,119 2 Pre - Design Phase (2006) $28,401 3 Schematic Design (2006) $46,883 4 Design Development (2007) $81,764 5 Construction Documents (2007) $8,718 6 Construction Support Services (2007 - 2008) Bidding Phase and Submittal Review $15,094 CQA Plan, Inspections and Certification $56,182 Construction Management $98,846 Survey and Record Drawings $9,592 Subtotal $179,714 TOTAL $392,599 Scope of Work For Kodiak Island Borough Landfill Lateral Expansion CH2M HI LL Project Description This scope of work was prepared in response to the Kodiak Island Borough's (BOROUGH) request for proposal for professional design services for landfill expansion. This scope of work documents the approach, assumptions, and proposed deliverables for each task. The Kodiak Landfill, located off Monashka Bay Road, on Kodiak Island in Alaska is nearing capacity and the Borough has requested that CH2M HILL assist with design of a new lined lateral expansion of the existing landfill. The scope of work for this project includes pre - design analyses, schematic design, final design, preparation of construction documents, as well as services during bidding, construction, and post - construction. Existing landfill facilities include a refuse baler facility, which converts loose municipal refuse to bales for placement in lifts in active landfill areas. The baler building is equipped with baler washdown facilities, sanitary sewer, and water supply. Materials that are disposed of at the Kodiak Landfill include baled refuse, wastewater sludge, and construction and demolition debris. The existing landfill is constructed over marine shale, which must be blasted for excavation. Per state and federal regulations, the new lateral expansion must be lined. Leachate will be collected on the liner and flows will be equalized in a leachate storage lagoon. The desirability and feasibility of recirculating leachate in the new lined landfill and transport of leachate to the City wastewater treatment plant (trucking and pipeline options) will be evaluated in the pre - design phase of this project. Fill method (bale fill vs. area fill), landfill gas control, landfill liner, and sludge disposal will also be evaluated in the pre - design phase. This scope of work is broken down into specific tasks. Within each task are activities that will be performed in order to accomplish the work. This project will be completed under the following tasks. Task 1 Project Management Objective: Manage work performed under this phase to meet overall project schedule and budgetary requirements and to maintain effective communication between members of CH2M HILL'S project team and between CH2M HILL and the BOROUGH. Assumptions: • Project management will be ongoing throughout the project duration (24 months total, with 14 months of full effort during design and major construction [October 2006 through November 2007], and an additional 10 months of minor construction including winter stop work [December 2007 through September 2008]). Services ANC/TP5231/062780002 1 objective is to analyze, evaluate life cycle costs, and recommend: (1) a landfill method (baling vs. area fill); (2) leachate management system (recirculation vs. no recirculation and truck haul vs. pipeline); (3) landfill gas control method (passive vs. active); (4) bottom liner system; and (5) sludge disposal methods for incorporation into the design. Assumptions: • This task will have a duration of 4 weeks. • No major changes in topography since 2000 in the area proposed for lateral expansion. Topographic survey data from 2000 will be sufficient for design purposes. • CH2M HILL assumes that the composite geosynthetic clay liner (GCL)/ geomembrane liner combination (now considered the standard for satisfying minimum RCRA Subtitle D requirements) will be used. The bottom liner system will not be evaluated further. Design of composite liner is included in Tasks 3 and 4. Activity A. Evaluation of Bale Fill and Area Fill Operation Assumptions for Activity A: • The BOROUGH will provide CH2M HILL with staffing requirements, equipment requirements, and operating cost data for the existing bale fill operation. • For evaluations of life cycle costs for area fill operation, CH2M HILL will assume an operational scenario (equipment, staffing, compaction) similar to Mat -Su, scaled for Kodiak's smaller population. • For this pre - design analysis assume a 10 -year expansion. Actual landfill life will be determined during design, with evaluation of available space and development cost. • Readily available "national average" unit costs for landfill development, leachate management, landfill gas control, closure, and post - closure will be adjusted for Kodiak conditions based on engineering judgment and used for generation of life cycle costs. This evaluation will be conducted by analysis and evaluation of the components identified in Table 1 below. Table 1 Lifecycle Costs Analysis Operations and staffing Capital requirements Landfill development size for desired facility life Leachate management Landfill gas control ANCITP5231 /062780002 Description and quantity CH2IV$HILL Bale fill operation Area fill operation Cost ($) Description and Cost ($) quantity 3 CH2MHILL • Regulatory requirements will be reviewed to determine whether the expansion would exceed the thresholds requiring active landfill gas control. This will require running a USEPA - approved model of gas production. • Potential for subsurface gas migration, based on existing data regarding surrounding site conditions. • Performance of passive vents in existing landfill area. • Constructability of passive vents in configuration of expansion area. Results of this analysis will be included in the Landfill Gas Control Technical Memorandum. The draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. Activity D. Sewage Sludge Disposal CH2M HILL will evaluate disposal sewage sludge options and effects on operations. Current handling methods will be reviewed and future loading estimates will be obtained from the City of Kodiak for this analysis. Recommendations will be presented in the pre - design technical memorandum. Activity E. Presentation for Kodiak Island Borough Assembly CH2M HILL will prepare a 15- to 20- minute summary presentation of the pre- design evaluation for the BOROUGH Assembly. A draft PowerPoint presentation will be submitted for BOROUGH review, and then a final PowerPoint presentation will be completed based on BOROUGH comments. Cory Hinds will travel to Kodiak to give the presentation. This presentation will be scheduled prior to the completion of the pre - design technical memorandum so that Assembly comments can be addressed. Deliverables: 1. Draft and Final PowerPoint summary for presentation to Kodiak Island Borough Assembly 2. 15- to 20- minute presentation for the Kodiak Island Borough Assembly 3. Draft and Final Pre - Design Technical Memorandums A. Fill Evaluation Technical Memorandum B. Leachate Management Technical Memorandum C. Landfill Gas Technical Memorandum Task 3 Schematic Phase: Conceptual Layout for Lateral Expansion Obj ective: Develop conceptual layout and grading for proposed lateral expansion area. The conceptual layout shall consider how the proposed expansion area landfill and leachate management facilities will be integrated with the existing landfill. ANCJTP5231/062780002 5 CH2MHILL The excavation plan will be submitted to the BOROUGH for review. Activity E. Leachate Collection and Management System For purposes of this scope and cost proposal, we assume the following outcome of the pre - design phase as the most likely scenario: • Onsite treatment of leachate will be cost - prohibitive. • Leachate recirculation will not be recommended. • Construction of a pipeline to convey leachate from the landfill to the City of Kodiak wastewater treatment plant will not be economical . Based on these assumptions, the scope of work for this activity will include schematic sizing and layout of leachate collection piping, leachate flow equalization and storage lagoon, and a leachate loading station for truck haul to the City wastewater treatment plant. It is assumed that the pump at the truck loading station will be controlled at the loading station by the truck operators. Activity F. Presentation for Kodiak Island Borough Assembly CH2M HILL will prepare a 15- minute summary presentation of the schematic design for the BOROUGH Assembly. A draft PowerPoint presentation will be submitted for BOROUGH review, and then a final PowerPoint presentation will be completed based on BOROUGH comments. Cory Hinds will travel to Kodiak to give the presentation. This presentation will be scheduled prior to the completion of the schematic design so that Assembly comments can be addressed. Deliverables (all drawings are half size and electronic PDF): 1. Draft and Final Bottom Grading Plan (1 sheet) 2. Draft and Final Conceptual Final Grading Plan (1 sheet) 3. Draft and Final Excavation Plan for Shotrock Borrow (1 sheet) 4. Draft and Final Leachate Storage and Equalization Lagoon Plan (1 sheet) 5. Draft and Final Preliminary Construction Cost Estimate 6. Draft and Final Power Point Summary for Presentation to Kodiak Island Borough Assembly (electronic copy, Power Point slides) 7. 15 minute presentation for the Kodiak Island Borough Assembly Task 4 Design Development Phase Objective: Develop draft (75 percent) and final (95 percent) plans, specifications, and permits for review prior to construction. Assumptions: • This task will have a duration of 11 weeks. • Drawings and specifications will be prepared for final cover system; however, these drawings and specifications will not be included in the bid documents (the ANC/TP5231/062780002 7 Permit application for ADEC website "revised 9/11/02, miller" at < http : / /www.dec.state.ak.us /eh /sw /SW Permits /municipal.htm> CH2M H I LL and specify the storage tank, pump, and metering system after discussions with the City of Kodiak and their consultant. Task 4 Design Deliverables (1. half -size copy and electronic PDF copy): Draft (75% design level), and final (95% design level) of the following: 1. Survey Control Plan (1 sheet) 2. Bottom Grading Plan (1 sheet) 3. Conceptual Final Grading Plan (1 sheet) 4. Excavation Plan for Shotrock Borrow (1 sheet) 5. GCL /Geomembrane /Leachate Collection Plan (1 sheet) 6. Liner Sections and Details (3 sheets) 7. Leachate Pumping Station (1 sheet) 8. Leachate Storage and Equalization Lagoon Plan (1 sheet) 9. Leachate Storage and Equalization Lagoon Sections and Details (1 sheet) 10. Electrical Site Plan, One -Line Diagram and Panel Schedule (1 sheet) 11. Leachate Pumping Station, Pump Control Panel Detail (1 sheet) 12. Leachate Storage Tank and Pump at City WWTP (1 sheet) 13. Electrical Site Plan and Control at City WWTP (1 sheet) 14. Specifications (1 hard copy, 1 electronic PDF 15. Copy of design calculations (1 hard copy and 1 electronic PDF copy) 16. Notes from meetings with the City of Kodiak on leachate treatment (electronic copies PDF sent to BOROUGH and copy to the City of Kodiak) Activity E. ADEC Class I Municipal Solid Waste Landfill Permit Application CH2M HILL will prepare the permit application related to the lateral expansion for renewal of the facility-wide ADEC landfill permit. This task will include the following submittals as required and defined in the permit applications: 1. Cover letter 2. Area maps 3. Construction drawings and specifications 4. Liner installation quality assurance plan 5. Calculations, data, and legal documents as follows: A. Slope stability calculations B. Explanation of each compliance point for surface water monitoring. C. Data used to evaluate subsurface conditions at the site. D. HELP modeling used to estimate the permeability of the proposed liner and maximum anticipated head pressure on the bottom liner. ANC/TP5231/062780002 9 CH2MHI LL Task 4 Permitting Deliverables 1. Draft and Final ADEC Class I Municipal Solid Waste Landfill Permit Application 2. Draft and Final Storm Water Pollution Prevention Plan (1 hard copy and 1 electronic PDF copy) Task 5 Construction Documents Phase Objective: Prepare plans, specifications, and contract documents for use by the BOROUGH to procure qualified construction services for the lateral expansion and to provide the contractor with the necessary information to construct the closure facilities in conformance with the selected, approved design criteria. Assumptions: • The BOROUGH will provide their standard front -end bidding requirements including Instructions to Bidders, General Conditions, Bid Form, Tax Compliance Form, and Contract Forms. • CH2M HILL will provide the Division 1 specifications: Summary of Work, Measurement and Payment, Coordination, and Construction Facilities and Temporary Controls and Safety. • CH2M HILL will provide other technical specifications as required. • The new 50 division CS1 Masterspec Format will be used for the specifications. Activity A. Compile the Project Manuals CH2M HILL will prepare contract documents using the BOROUGH's contracting and formatting requirements. The documents will include bidding requirements, contract forms, general and supplementary conditions of the contract, technical specifications, and construction drawings. CH2M HILL will assemble the drawings, specifications, and bidding requirements into a complete, cohesive bid -ready design package, and will assist the BOROUGH in resolving language between the General Conditions, bidding requirements, and such Division 1 specifications as Measurement and Payment, Construction Facilities, and Coordination. CH2M HILL will also generate a submittal register summarizing required submittals prior to construction, during construction, and after construction. The measurement and payment specification will be developed with careful consideration for achievable, accurate measurements for Contractor payment, incorporating post - construction survey of in -place material quantities. A complete draft project manual will be submitted to the BOROUGI -I for purchasing review. CH2M HILL will publish the final project manuals following incorporation of BOROUGH comments. Activity B. Construction Cost Estimate CH2M HILL will prepare a construction cost estimate based on the final bid documents. We propose to subcontract this task to Mr. Jay Lavoie of Estimations, Inc., Anchorage. ANC/TP5231 /062780002 11 CH2MH I LL February 2008. Minor construction (i.e., leachate facilities) will continue an additional 28 weeks from March 2008 through September 2008. • CH2M HILL will provide a construction manager in Kodiak full time for 10 weeks in 2007 to handle management of major construction. The construction manager will work 6 days per week, 8 hours per day. • The BOROUGH will provide a desk with phone and internet connection for the construction manager for 10 weeks during major construction. • CH2M HILL will hire independent testing laboratories for field testing. An allowance of $6,000 as outside services has been budgeted for these services. • Chris Lynch of Kodiak Construction Services will visit the project site 4 hours per day, 4 days per week for 10 weeks in 2007, and 4 hours per day, 1 day per week for 28 weeks in 2008 to monitor progress and conduct CQA inspections. This will be conducted after the CH2M HILL construction manager demobilizes. • The CH2M HILL construction manager will work an average of 2 hours per week, for 28 weeks during minor construction in 2008. • One post - construction survey will be conducted by a subcontractor hired by CH2M HILL. An allowance of $3,000 for these services has been budgeted. • The Contractor will provide redline mark -ups of any changes to the work on a set of full -sized drawings. Activity A. Bidding Phase Support CH2M HILL will attend the pre -bid conference, respond to bidder's questions, prepare required clarifications to be included in addenda, review bids, assist with technical reviews for negotiation, and review submittals or substitution requests. This support will be in the form of telephone conversations, memos, and informal sketches. Once all bids are received from prospective contractors, CH2M HILL will review qualifications /references, and prepare a bid tabulation and recommendation for award letter within 1 week of the bid opening. Activity B. Document Interpretation and Submittal Review The CH2M HILL construction manager will receive and address Contractor questions related to the Contract Documents after consulting with the design team as needed. CH2M HILL will interpret and clarify the drawings and specifications. We will develop supplements to details, elementary sketches, or written descriptions as required to meet actual conditions encountered in the field and to respond to Contractor requests. Responses to questions will be documented and maintained in the project records. The CH2M HILL construction manager will receive Contractor submittals and route them to the design team for review. Shop drawings, illustrations, product data, warranties, schedules, samples, test results, inspections, etc. will be reviewed to confirm that they are in compliance with the Contract Documents. Copies of the submittals will be maintained at the CH2M HILL Anchorage office. A CH2M HILL administrative ANC/TP5231/062780002 13 CH2M HI LL management for another 10 weeks in 2007, from either Anchorage or Seattle. The CH2M HILL construction manager will also monitor minor construction in 2008. Activity F. Construction Surveying The Contractor will hire a surveyor to conduct initial construction staking and all subsequent survey during construction. CH2M HILL will hire an independent surveyor to conduct one post - construction survey to document quantity measurements for payment. Activity G. Construction Quality Assurance Final Construction Report Construction records (daily reports, submittals, testing records, and as -built drawings), will be summarized in a CQA Final Construction Report for documentation and certification by the CQA Engineer of Record that the construction was completed in conformance with the design and CQA protocols of the project. A draft report will be submitted to the BOROUGH for review and a final report will be completed incorporating BOROUGH comments. Activity H. Record Drawings Services after construction will include record drawings and certification of conformance with design and construction quality assurance. It is anticipated that the Contractor will provide detailed and complete redline mark -ups of any changes to the work, on a set of full -sized drawings. CH2M HILL will provide drafting assistance to electronically create record drawings, based on these mark -ups. Task 6 Deliverables • Bid Clarifications as needed (electronic copies for inclusion in addenda). • Recommendation for Award Letter (1 electronic PDF copy). • Draft and Final CQA Final Construction Report (1 hard copy, 1 electronic PDF copy). • Draft and Final Record Drawings (1 half -size hard copy, 1 half size PDF copy, 1 full size signed, stamped mylar). AN CdTP5231 /062780002 15 Description Task A1.06 - Agency Meetings Total Labor Total Other Direct Expenses Top Task B1 Task B1.01 - Bale Fill vs Area Fill Total Labor Total Other Direct Expenses Task 81.02 - Leachate Management Total Labor Total Other Direct Expenses Task B1.03 - Evaluate LF Gas Total Labor Total Other Direct Expenses Task B1.04 - Evaluate Bottom Liner Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.06 - Agency Meetings Subtotal for Al Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.01 - Bale Fill vs Area Fill Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for 81.02 - Leachate Management Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for 81.03 - Evaluate LF Gas Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.04 - Evaluate Bottom Liner Page 2 of 9 CH2MHILL Price 1,196.00 1,196.00 18.50 18.50 1,214.50 1,214.50 47,119.15 11,844.00 11,844.00 166.50 166.50 12,010.50 12,010.50 8,780.00 8,780.00 129.50 129.50 8,909.50 8,909.50 3,012.00 3,012.00 48.10 48.10 3,060.10 3,060.10 432.00 432.00 7.40 7.40 439.40 439.40 05- Oct -2006 09:42:40 PM Page 2 of 9 http: / /www.int.ch2m.com /pricer/ Reports. aspx? Id =95& ReportName = Total %20Price &TaskLevel =... 10/5/2006 Description Price Total Other Direct Expenses Task C1.04 - Excavation Plan Total Labor Total Other Direct Expenses Task C1.05 - Leachate Collection and Management Total Labor Total Other Direct Expenses Task C1.06 - Preliminary Cost Estimates Total Labor Total Other Direct Expenses Total Subcontract Markups on Subcontractors Task C1.07 - Assembly Presentation Total Labor Total Other Direct Expenses Total Travel ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.03 - Final Grading Plan and Volumes Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.04 - Excavation Plan Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.05 - Leachate Collection and Management Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for Markups Subtotal for C1.06 - Preliminary Cost Estimates Subtotal for Labor Subtotal for Other Direct Expenses Page 4 of 9 CH2MHILL 127.65 127.65 8,497.65 8,497.65 6,366.00 6,366.00 85.10 85.10 6,451.10 6,451.10 12,116.00 12,116.00 173.90 173.90 12,289.90 12,289.90 1,192.00 1,192.00 14.80 14.80 1,663.00 1,663.00 2,869.80 166.30 166.30 3,036.10 2,394.00 2,394.00 37.00 37.00 1,000.00 05 -Oct -2006 09:42:40 PM Page 4 of 9 http: / /www.int.ch2m.com/pricer/ Reports. aspx? Id =95& ReportName = Total %20Price &TaskLevel =... 10/5/2006 Description Price Task D1.05 - ADEC Permit Appplication Total Labor Total Other Direct Expenses Task D1.06 - Storm Water Pollution Prevention Plan Total Labor Total Other Direct Expenses Top Task E1 Task E1.01 - Compile Project Manuals Total Labor Total Other Direct Expenses Markups on Expenses Task E1.02 - Construction Cost Estimate Total Labor Total Other Direct Expenses Total Subcontract Markups on Subcontractors ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.05 - ADEC Permit Appplication Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.06 - Storm Water Pollution Prevention Plan Subtotal for D1 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for Markups Subtotal for E1.01 - Compile Project Manuals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for Markups Subtotal for E1.02 - Construction Cost Estimate rage b of 9 CH2MHILL 20,284.00 20,284.00 292.30 292.30 20,576.30 20,576.30 2,758.00 2,758.00 44.40 44.40 2,802.40 2,802.40 81,763.50 2,240.00 2,240.00 437.00 437.00 2,677.00 40.00 40.00 2,717.00 1,088.00 1,088.00 14.80 14.80 1,663.00 1,663.00 2,765.80 166.30 166.30 2,932.10 05- Oct -2006 09:42:40 PM Page 6 of 9 http: / /www.int.ch2m.com /pricer/ Reports. aspx? Id= 95 &ReportName =Total %20Price &TaskLevel =... 10/5/2006 Description Total Subcontract Total Travel Markups on Subcontractors Markups on Travel Task F1.04 - CM 2007 Total Labor Total Other Direct Expenses Total Subcontract Total Travel Markups on Subcontractors Markups on Travel Task F1.05 - CM 2008 Total Labor Total Other Direct Expenses Total Subcontract Markups on Subcontractors ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Travel Subtotal for Costs Subtotal for Markups Subtotal for F1.03 - CQA Inspections Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Travel Subtotal for Costs Subtotal for Markups Subtotal for F1.04 - CM 2007 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for Markups Subtotal for F1.05 - CM 2008 CH2IVIHILL rage is or 9 Price 473.60 6,000.00 6,000.00 10,475.00 10,475.00 46,020.60 600.00 1,047.50 1,647.50 47,668.10 54,760.00 54,760.00 ' 888.00 888.00 12,800.00 12, 800.00 7,875.00 7,875.00 76,323.00 1,280.00 787.50 2,067.50 78,390.50 10,444.00 10,444.00 155.40 155.40 8,960.00 8,960.00 19,559.40 896.00 896.00 20,455.40 05- Oct -2006 09:42:40 PM Page 8 of 9 http: / /www.int.ch2m.com /pricer/ Reports. aspx? Id= 95& ReportName= Total%20Price &TaskLevel =... 10/5/2006 Kodiak Landfill Lateral Expansion Preliminary Design and Construction Schedule ID ! Task Name Duration - 2007 2008 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 1 NTP Design Services Pre- Design Phase 1 day 21 days 2 a 3 Schematic Phase 25 days �. 4 Design Phase 54 days 5 Construction Docs 10 days 6 -� n Pre -Bid Project Bid Opening 1 day 1 day t rAl 8 f g, Construction NTP Major Construction 1 day 107 days 9, 10 Winter break - no construction 87 days 11 Minor Construction 150 days ? ° Task Milestone External Tasks Project: Kodiak Lateral Expansion Split Summary Extemal Milestone • Date: Thu 10/5/06 Progress Project Summary Deadline Page 1 management for another 10 weeks in 2007, from either Anchorage or Seattle. The CH2M HILL construction manager will also monitor minor construction in 2008. Activity F. Construction Surveying The Contractor will hire a surveyor to conduct initial construction staking and all subsequent survey during construction. CH2M HILL will hire an independent surveyor to conduct one post - construction survey to document quantity measurements for payment. Activity G. Construction Quality Assurance Final Construction Report Construction records (daily reports, submittals, testing records, and as -built drawings), will be summarized in a CQA Final Construct Report for documentation and certification by the CQA Engineer of Record that the construction was completed in conformance with the design and CQA protocols of the project. A draft report will be submitted to the BOROUGH for review and a final report will be completed incorporating BOROUGH comments. Activity H. Record Drawings Services after construction will include record drawings and certification of conformance with design and construction quality assurance. It is anticipated that the Contractor will provide detailed and complete redline mark -ups of any changes to the work, on a set of full -sized drawings. CH2M HILL will provide drafting assistance to electronically create record drawings, based on these mark -ups. Task 6 Deliverables • Bid Clarifications as needed (electronic copies for inclusion in addenda). • Recommendation for Award Letter (1 electronic PDF copy). CH2MH • Draft and Final CQA Final Construction Report (1 hard copy, 1 electronic PDF copy). • Draft and Final Record Drawings (1 half -size hard copy, 1 half size PDF copy, 1 full size signed, stamped mylar). ANC/TP5231 /062780002 15 Description Price Top Task Al Task A1.01 - Project Management 2006 Total Labor Total Other Direct Expenses Task A1.02 - Project Management 2007 Total Labor Total Other Direct Expenses Task A1.03 - Project Management 2008 Total Labor Total Other Direct Expenses Task A1.04 - Status Report Total Labor Total Other Direct Expenses Task A1.05 - Team Communications Total Labor Total Other Direct Expenses Task A1.06 - Agency Meetings Total Labor ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.01 - Project Management 2006 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.02 - Project Management 2007 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.03 - Project Management 2008 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.04 - Status Report Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.05 - Team Communications Page 1 of 8 • C!- 12MHILL 14,294.00 14,294.00 260.85 260.85 14,554.85 14,554.85 13,289.00 13,289.00 179.45 179.45 13,468.45 13,468.45 3,807.00 3,807.00 49.95 49.95 3,856.95 3,856.95 3,728.00 3,728.00 59.20 59.20 3,787.20 3,787.20 10,104.00 10,104.00 133.20 133.20 10,237.20 10,237.20 1,196.00 31- Oct -2006 06:19:57 PM Page 1 of 8 _ntj — c 0 T 1 nips innni Description Total Other Direct Expenses Top Task B1 Task B1.01 - Bale Fill vs Area Fill Total Labor Total Other Direct Expenses Task B1.02 - Leachate Management Total Labor Total Other Direct Expenses Task B1.03 - Evaluate LF Gas Total Labor Total Other Direct Expenses Task B1.04 - Evaluate Bottom Liner Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for A1.06 - Agency Meetings Subtotal for Al Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.01 - Bale Fill vs Area Fill Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.02 - Leachate Management Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.03 - Evaluate LF Gas Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for B1.04 - Evaluate Bottom Liner Page 2 of 8 lb CH2MHILL Price 1,196.00 18.50 18.50 1,214.50 1,214.50 47,119.15 11,844.00 11,844.00 166.50 166.50 12,010.50 12,010.50 8,780.00 8,780.00 129.50 129.50 8,909.50 8,909.50 3,012.00 3,012.00 48.10 48.10 3,060.10 3,060.10 432.00 432.00 7.40 7.40 439.40 439.40 Task B1.05 - Sewage Sludge Disposal Total Labor 986.00 Subtotal for Labor 986.00 31- Oct -2006 06:19:57 PM Page 2 of 8 Lk «. / /....... -. ....F ,.L �...., i__: ,..._m,._,.... ,, .. «.. �T.4 — n c n.n„..,.�.rr,,....,,,_m„ +,.ioi inn -: ,.,, nrr �., 1n /11 /'nngz Description Total Other Direct Expenses Task B1.06 - Assembly Presentation Total Labor 2,394.00 Subtotal for Labor 2,394.00 Total Other Direct Expenses 87.00 Subtotal for Other Direct Expenses 87.00 Total Travel 500.00 Subtotal for Travel 500.00 Subtotal for Costs 2,981.00 Subtotal for 81.06 - Assembly Presentation 2,981.00 Subtotal for B1 28,401.30 Top Task C1 Task C1.01 - Design Criteria Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Task C1.02 - Bottom Grading Plan and Layout Total Labor Total Other Direct Expenses Task C1.03 - Final Grading Plan and Volumes Total Labor Total Other Direct Expenses Task C1.04 - Excavation Plan Total Labor 14.80 Subtotal for Other Direct Expenses 14.80 Subtotal for Costs 1,000.80 Subtotal for B1.05 - Sewage Sludge Disposal 1,000.80 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.01 - Design Criteria Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.02 - Bottom Grading Plan and Layout Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.03 - Final Grading Plan and Volumes Subtotal for Labor Page3 of 8 CH2MHILL Price 3,412.00 3,412.00 51.80 51.80 3,463.80 3,463.80 9,478.00 9,478.00 135.05 135.05 9,613.05 9,613.05 8,370.00 8,370.00 127.65 127.65 8,497.65 8,497.65 6,366.00 6,366.00 31- Oct -2006 06:19:57 PM Page 3 of 8 L.4, - . /I.....- ..:...# ..i.. ').,., ,.,,..... i__: ,.,... m....- .....,...,.....,era _ nc 0.r 3 1 /11 innn, Description Price Total Other Direct Expenses Task C1.05 - Leachate Collection and Management Total Labor Total Other Direct Expenses Task C1.06 - Preliminary Cost Estimates Total Labor Total Other Direct Expenses Total Subcontract Task C1.07 - Assembly Presentation Total Labor Total Other Direct Expenses Total Travel Top Task D1 Task D1.01 - Finalize Grading Plans Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.04 - Excavation Plan Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for C1.05 - Leachate Collection and Management Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for C1.06 - Preliminary Cost Estimates Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Travel Subtotal for Costs Subtotal for C1.07 - Assembly Presentation Subtotal for C1 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.01 - Finalize Grading Plans Page 4 of 8 CH2MH I LL 85.10 85.10 6,451.10 6,451.10 12,116.00 12,116.00 173.90 173.90 12,289.90 12,289.90 1,192.00 1,192.00 180.80 180.80 1,663.00 1,663.00 3,035.80 3,035.80 2,394.00 2,394.00 137.00 137.00 1,000.00 1,000.00 3,531.00 3,531.00 46,882.30 18,902.00 18,902.00 380.30 380.30 19,282.30 19,282.30 31- Oct -2006 06:19:57 PM Page 4 of 8 1.. . . • m - ..era —nc P T) 1n7'1. v_ r i,r .. 1 !1/71 Description Price Task D1.02 - Cover System Stability Total Labor Total Other Direct Expenses Task D1.03 - Surface Water Drainage Total Labor Total Other Direct Expenses Task D1.04 - Leachate Collection and Management Total Labor Total Other Direct Expenses Task D1.05 -ADEC Permit Appplication Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Task D1.06 - Storm Water Pollution Prevention Plan Total Labor Total Other Direct Expenses Top Task El Task E1.01 - Compile Project Manuals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.02 - Cover System Stability Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.03 - Surface Water Drainage Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.04 - Leachate Collection and Management Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.05 - ADEC Permit Appplication Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for D1.06 - Storm Water Pollution Prevention Plan Subtotal for D1 Page 5 of 8 CH2MHILL 2,118.00 2,118.00 29.60 29.60 2,147.60 2,147.60 4,714.00 4,714.00 62.90 62.90 4,776.90 4,776.90 31,592.00 31,592.00 586.00 586.00 32,178.00 32,178.00 20,284.00 20,284.00 292.30 292.30 20,576.30 20,576.30 2,758.00 2,758.00 44.40 44.40 2,802.40 2,802.40 81,763.50 31- Oct -2006 06:19:57 PM Page 5 of 8 1-44«. /I.. 1 11 n 1 / ')nn� ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Description Price Total Labor Total Other Direct Expenses Task E1.02 - Construction Cost Estimate Total Labor Total Other Direct Expenses Total Subcontract Task E1.03 - Assembly Presentation Total Labor Total Other Direct Expenses Total Travel Top Task F1 Task F1.01 - Bidding Phase Total Labor Total Other Direct Expenses Total Travel Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for E1.01 - Compile Project Manuals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for E1.02 - Construction Cost Estimate Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Travel Subtotal for Costs Subtotal for E1.03 - Assembly Presentation Subtotal for El Subtotal for Labor Subtotal for Other Direct Expenses • Subtotal for Travel Subtotal for Costs Subtotal for F1.01 - Bidding Phase Page 6 of 8 CH2MHILL 2,240.00 2,240.00 477.00 477.00 2,717.00 2,717.00 1,088.00 1,088.00 180.80 180.80 1,663.00 1,663.00 2,931.80 2,931.80 2,482.00 2,482.00 87.00 87.00 500.00 500.00 3,069.00 3,069.00 8,717.80 4,912.00 4,912.00 116.60 116.60 500.00 500.00 5,528.60 5,528.60 Task F1.02 - CQA Plan Total Labor 3,460.00 Subtotal for Labor 3,460.00 31- Oct -2006 06:19:57 PM Page 6 of 8 Description Total Other Direct Expenses Task F1.03 - CQA Inspections Total Labor Total Other Direct Expenses Total Subcontract Total Travel Task F1.04 - CM 2007 Total Labor Total Other Direct Expenses Total Subcontract Total Travel Task F1.05 - CM 2008 Total Labor Total Other Direct Expenses Total Subcontract Task F1.06 - Construction Surveying ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for F1.02 - CQA Plan Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Travel Subtotal for Costs Subtotal for F1.03 - CQA Inspections Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Travel Subtotal for Costs Subtotal for F1.04 - CM 2007 Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for F1.05 - CM 2008 Page 7 of 8 CH2MHILL Price 51.80 51.80 3,511.80 3,511.80 29,072.00 29,072.00 2,121.60 2,121.60 6,000.00 6,000.00 10,475.00 10,475.00 47,668.60 47,668.60 54,760.00 54,760.00 2,956.00 2,956.00 12,800.00 12,800.00 7,875.00 7,875.00 78,391.00 78,391.00 10,444.00 10,444.00 1,051.40 1,051.40 8,960.00 8,960.00 20,455.40 20,455.40 31- Oct -2006 06:19:57 PM Page 7 of 8 1- :- -� Lam__ __- /____ __m __ _ a __.nr t —nc o_n _ rwr _m . ini nnn D. 'T' 1_T _. 1 nn 1 nnnc Description Total Labor Total Other Direct Expenses Total Subcontract Task F1.07 -CQA Final Report Total Labor Total Other Direct Expenses Task F1.08 - Record Drawings Total Labor Total Other Direct Expenses Task F1.09 - Submittal Review (2007) Total Labor Total Other Direct Expenses ADEC Permit Application /Kodiak Island Borough Total Price Lowest Tasks, All Budgets, without Period Subtotals Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Subcontract Subtotal for Costs Subtotal for F1.06 - Construction Surveying Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for F1.07 - CQA Final Report Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for F1.08 - Record Drawings Subtotal for Labor Subtotal for Other Direct Expenses Subtotal for Costs Subtotal for F1.09 - Submittal Review (2007) Subtotal for F1 Grand Total Page 8 of 8 CH2MHILL Price 796.00 796.00 311.10 311.10 3,000.00 3,000.00 4,107.10 4,107.10 4,928.00 4,928.00 74.00 74.00 5,002.00 5,002.00 5,404.00 5,404.00 81.40 81.40 5,485.40 5,485.40 9,432.00 9,432.00 133.20 133.20 9,565.20 9,565.20 179,715.10 392,599.15 31- Oct -2006 06:19:57 PM Page 8 of 8 t....._. ii.- -....:_ 4..t.�_.,..,,......i_..:......m ,.._,....�.,. , ......, �Ta — nc v ,. ...,.... rr inn - : ,.� 1 nn 1 inns Meeting of: November 3, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.4 Contract No. FY2007 -23 Providence Kodiak Island Medical Center — Design Development and Construction Documents for Phase 5 of the Community Health Center The schematic design phase (Phase 4) of the Community Health Center (CHC) wing that will be added to the existing hospital facility has been completed. The next phase is the Design Development and Construction Documents, Phase 5, which is based on the Schematic phase. Approval of this contract is before the Assembly because the contact amount exceeds the Manager's spending authority in accordance with KIBC 3.16.020. To date, Prochaska and Associates have completed four phases of work on this facility and the hospital grounds. The phases are as follows: - Phase I — Technical Engineering Analysis (TEA) Review of the existing systems of the building (mechanical, electrical and building envelope) to determine improvements if any for the new wing. Phase II - Physical /Functional Review — Review of existing facilities deficiencies /maintenance issues Phase III - Master Planning effort for both the hospital facility and the hospital grounds. This master planning effort looks 5 — 10 years into the future both in terms of the delivery of hospital services as well as facility needs. Phase IV — Schematic Design — general floor layout of proposed structure and site work options for additional parking, ADA and site access. We are now at Phase V — Design Development /Construction Documents. This phase is based on the Schematic Design documents and will define details, materials, equipment and further develop the original design. The development of the Construction Documents will prepare contract documents required for the next phase (Phase VI, Bidding /Construction Administration) and will incorporate details, specifications and other items required for bidding or negotiation with a Contractor for construction of the project. Probable cost will be more definitively established at the end of Phase V. Partial funding for this work to date is based on an original $125,000 matching grant for design services authorized by the Assembly. Design costs are being split 50/50 between KIB (up to $125,000) and a grant by the Denali Commission. The ultimate cost of construction of the CHC is currently expected to be over $2 million dollars and will come from grants. However, a more accurate cost determination for construction will be forthcoming after completion of Phase V. ACCOUNT # 490 - 499 - 452 -140 03112 -4 AMOUNT: Not to exceed $265,315 APPROVAL FOR A 3ENDA: . &50X MANAGER: Recommended motion: Move to authorize the Manager to execute a contract with Prochaska and Associates for Phase V- Design Development/Construction Document Services for the Community Health Center in an amount not to exceed $265,315 inclusive of reimbursable expenses. K O D IA K I SL A NIA BOROUGH Engineering 6 Facilties Department MEMORANDUM DATE: October 23, 2006 TO: Borough Assembly THRU: Rick Gifford, Manager FROM: Tracy Mitchell, Environmental Specialist FOR: Bud Cassidy, Director, Engineering & Facilities SUBJ: Contract for Design Development/Construction Documents for the CHC - Prochaska and Associates - Phase V Physical/Functional Schematic Construction Docs Const begins I I I I TEA Master Plan Design Development Bid Project INTRODUCTION The timeline above demonstrates how far along we are in the process of constructing an addition onto the existing hospital to house the Community Health Center (CHC). The yellow highlight area demonstrates what has been completed to date and the green highlight is what will occur with the approval of this contract to Prochaska and Associates. In other words, this contract will carry us through the Design Development/Construction Document phase. DESIGN DEVELOPMENT /CONSTRUCTION DOCUMENT CONTRACT The scope of the project is based on the Schematic Design documents and involves an approximately 6,520 square foot single story addition plus about 1,440 square feet of adjacent renovated space and the development of the south parking area which will include parking, site access and ADA compliant access. The Design Development phase will define details, materials, equipment, casework, door locations, and aesthetics and further develop the original design set forth in the Schematic Phase. Details like the exact materials that will be used in the construction and finishing of the building, equipment to be purchased for the building. Preliminary plans for primary mechanical systems and duct layouts; initiation of electrical lighting and power plans and the beginning phase of layouts for structural framing and column locations. The development of the Construction Documents will prepare contract documents required for the next phase, Phase 6 — Bidding/Construction Administration. The Construction Document will incorporate details, specifications and other items required for bidding or negotiation with a Contractor or Construction Manager for construction of the project. Probable cost will be more definitively established at the end of this phase. PROCHASKA AND ASSOCIATES PROPOSAL Prochaska's Design Development/Construction Document Services fee for this effort is $265,315 which is inclusive of reimbursable expenses incurred in the interest of the project (printing of plans and specifications for review, travel etc.). One half of the costs, up to $125,000 are borne by the Borough and the other funding is covered by a grant from the Denali Commission. That money is administered by the Providence Kodiak Island Health Care Foundation (PKIHCF). Because this is a KIB owned building and the Health Care foundation has no construction powers, the Denali Commission requires that this construction effort follow KIB purchasing, construction and administrative procedures. Because the contract is greater than $25,000 it requires KIB Assembly approval. RECOMMENDATION Staff recommends that a contract with Prochaska and Associates in the sum of $265,315 be approved. PROFESSIONAL SERVICES AGREEMENT Providence Kodiak Island Medical Center Facility Master Plan — Phase 5 Contract 2007 -xx THIS AGREEMENT made this day of 2006, by and between the Providence Kodiak Island Medical Center (PKIMC), Prochaska and Associates Inc., (the Contractor) and the Kodiak Island Borough (Owner or MB) pursuant to the Memorandum of Understanding between the Kodiak Island Borough (MB), Kodiak Island Health Care Foundation (KIHCF) and Providence Kodiak Island Medical Center ( PKIMC) dated the 2 day of March, 2004 (the MOU). WHEREAS, the Kodiak Island Borough is a regional governing entity and has adopted area -wide health powers limited to hospital and mental health services only, is the owner of the facility occupied by PKIMC, and generally supports the efforts to obtain a Federally Qualified Health Center in Kodiak as described in the MOU; and WHEREAS, PKIMC also supports the efforts to obtain a Federally Qualified Health Center in Kodiak as described in the MOU, is willing to work with the Kodiak Island Health Care Foundation for the conceptual planning and design of anticipated leasehold improvements, and is generally willing to sublease (subject to KIB approval) a portion of the premises to accommodate the Federally Qualified Health Center; and WHEREAS, Prochaska and Associates Inc. is an architectural and consulting firm which has the capability to complete the project, as described below. WITNESSETH: That PKIMC, the Contractor and MB for the consideration hereinafter recited agree as follows: 1. Project The Contractor agrees to perform all services necessary for the completion of Phases 5 of the Providence Kodiak Island Medical Center ( PKIMC) Facility Master Planning Project as identified in the Contractor's proposal dated August 16, 2006 to Bud Cassidy, Engineering and Facilities Director and attached as Exhibit A and made part of this contract. The services provided shall be of professional quality, to the degree of skill and diligence normally employed by professional contractors or consultants performing the same or similar services at the time said services are performed. 2. Term of Contract The term of this Agreement shall be for the completion of Phases 5 design development and construction documents and shall be completed by April 16, 2007. 3. Compensation PKIMC agrees to pay to the Contractor as compensation for services an amount not to exceed the Phase 5 amount of $265,315, inclusive of reimbursable expenses as identified in the August 16, 2006 proposal. 1 4. Payment All requests for payment shall be for work completed unless otherwise agreed to PKIMC. The Contractor shall provide any additional information to PKIMC, which may be reasonable ii. support of any payment request. Monthly invoices shall be delivered to the PKIMC no later than the end of the month and shall be paid within thirty (30) days from the date of the invoice unless PKIMC shall notify the Contractor in writing of its reason for not making payment of the sums requested. A service charge of one and one half percent (1.5%) per month may be charged on balances not paid by PKIMC within the terms stated above. Copies of all invoices and payments shall be promptly sent to PKIMC. 5. Indemnification A. The Contractor specifically obligates himself to the PKIMC and the Kodiak Island Borough in the following respects to wit: (i) to indemnify PKIMC and the Kodiak Island Borough against, and save each of them harmless from any and all claims, suits, or liability, on account of any negligent act or omission of the Contractor, or any of his officers, agents, employees or servants; and (ii) to pay for all materials furnished and services performed under this Agreement. B. Kodiak Island Borough agrees to indemnify the Contractor and PKIMC from any claims, damages, losses, and costs, including, but not limited to, attorneys' fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Kodiak Island Borough, Kodiak Island Borough's employees, or agents in connection with the Project. C. PKIMC agrees to indemnify the Contractor and Kodiak Island Borough from any claims, damages, losses, and costs, including, but not limited to, attorneys' fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of PKIMC, PKIMC's employees, or agents in connection with the Projec' D. If the negligence or willful misconduct of more than one party (or a person identified above for whom a party is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between those parties in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. 6. Claims A. Partial payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price, less the sum of previous payments as provided above; provided that the Contractor is not indebted to the either PKIMC or Kodiak Island Borough or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. The Contractor will, upon completion of the Scope of Services and before final payment, furnish the PKIMC and Kodiak Island Borough with reasonable evidence that all services, labor, materials and equipment have been paid for in full. B. The Contractor must notify the PKIMC and Kodiak Island Borough or their agents of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. 7. Changes and Modifications A. PKIMC, subject to the written approval of the Kodiak Island Borough or the Kodiak Island Borough itself, may, at any time by written order signed by the Project Manager of the Kodiak Island Borough, makes changes in the specifications for services hereunder or in the Project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated 2 1, y Contractor, PKIMC or the Kodiak Island Borough must be agreed upon in writing by all parties hereto, Abject to the contract and sale provisions of the Kodiak Island Borough Code. B. The cost or credit to PKIMC resulting from a change in the services or in the Project schedule shall be determined as follows: (1) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; or (2) by the hourly fees stated in the Contract Documents or subsequently agreed upon. 8. Prosecution of Work The Contractor shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire Project. Upon written request by PKIMC or the Kodiak Island Borough, the Contractor shall furnish to PKIMC and the Kodiak Island Borough such evidence as the requesting party may require relating to the ability of the Contractor to complete the Project. 9. Delays In the event the Contractor's performance is delayed or interfered with by acts of PKIMC or the Kodiak Island Borough, or any other justifiable cause beyond the control of the Contractor, he may request an extension of time for the performance of same. 10. Approvals The Contractor shall obtain and pay for all permits, licenses and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. 11. Stop Work A. If the Contractor fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the Contract Documents, the Kodiak Island Borough, by a written order signed personally or by an agent may order the Contractor to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Kodiak Island Borough to stop work shall not give rise to any duty on the part of the Kodiak Island Borough to exercise this right for the benefit of the Contractor or any other person or entity. B. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Kodiak Island Borough to commence and continue correction of such default or neglect with diligence and promptness, the Kodiak Island Borough may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy it may have, make good such deficiencies but use its best efforts to mitigate the cost of curing such default. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Project Manager's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to PKIMC. 12. Payments Withheld PKIMC may withhold payments from the Contractor for any of the following reasons: 3 (1) The application for payment misstates the amount of services completed; (2) Defective services not remedied; (3) Third party claims filed or reasonable evidence indicating probable filing of such claims; (4) Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; (5) Reasonable evidence that the Project cannot be completed for the unpaid balance of the contract sum; or (6) Reasonable evidence that the Project will not be completed within the contract time; or 13. Termination and Default If the Contractor is adjudged a bankrupt entity, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the Kodiak Island Borough may, without prejudice to any right or remedy and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of all materials and documents prepared by the Contractor in connection with the Project, and may finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. 14. Assignment This Agreement shall not be assigned by operation of law or through negotiated agreement by the Contractor without the written permission of Kodiak Island Borough. However, subcontracting portions of the Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. 15. No Waiver Failure of PKIMC, the Kodiak Island Borough or the Contractor to enforce a specific section of this Agreement against another or to enforce a particular demand of PKIMC, the Kodiak Island Borough or the Contractor made pursuant to the terms of this Agreement shall not effect a waiver of any of PKIMC's, the Kodiak Island Borough's or the Contractor's rights and powers as set forth in this Agreement. 16. Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. 17. Integration The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 4 18. Notice Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the addresses below. 19. PKIMC and Kodiak Island Borough - Furnished Data PKIMC and the Kodiak Island Borough will provide to the Contractor all data in their possession relating to the Contractor's services on the Project. The Contractor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by PKIMC and the Kodiak Island Borough. 20. Force Majeure The Contractor is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the Contractor. 21. Warranties. A. MB warrants that: (a) KIB shall inform the Contractor during the term hereunder of all hazards and risks known or learned by MB; (b) MB is in compliance and shall comply with all applicable federal, state and local laws, regulations and orders including, but not limited to, all equal employment opportunity laws, regulations and orders as amended. B. PKIMC warrants that: (a) PKIMC shall inform the Contractor during the term hereunder of all hazards and risks known or learned by PKIMC; (b) PKIMC is in compliance and shall comply with all applicable federal, state and local laws, regulations and orders including, but not limited to, all equal employment opportunity laws, regulations and orders as amended. 22. Contractor's Warranties The Contractor warrants that: he possesses the business, professional and technical expertise to perform the services hereunder; he possesses the equipment, plant and employee resources required to perform in accordance with this Agreement; he will perform services under this Agreement in a manner consistent with the standards of practice applicable to companies who provide similar services in the locale where services are to be performed; Contractor shall be in compliance with all federal, state and local laws in performance of services; and he is now duly licensed, permitted and authorized pursuant to all applicable federal, state and local laws to perform the services hereunder. 23. General Provisions A. If a suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs, including appeals. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Alaska and applicable federal laws and regulations. B. Except for the obligation to pay for services rendered, the performance of this Agreement may be suspended in the event that either party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to, acts of God, war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw materials, labor or transportation facilities, governmental laws, regulations, requirements, orders or actions; breakage or failure of machinery or apparatus; national defense requirements; injunctions or restraining orders; labor *rouble, strike, lockout or injunction. 5 C. This is the entire understanding and agreement of the parties regarding the services ana supersedes any and all prior contracts, agreements, terms and conditions whether written or oral that may exist between the parties hither to and /or which may be contained in any purchase order whether preprinted or not and /or similar document issued by MB prior to this Agreement. No modification of this Agreement shall be binding on either party unless it is in writing and signed by an authorized representative of all parties. Owner: Kodiak Island Borough: 710 Mill Bay Road Kodiak, AK 99615 -6398 PROVIDENCE KODIAK ISLAND MEDICAL CENTER By: Don Rush, Administrator Providence Kodiak Island Medical Center KODIAK ISLAND BOROUGH By: Rick L. Gifford, Manager ATTEST: Kodiak Island Borough Clerk Nova M. Javier, CMC Lessee: Providence Kodiak Island Medical Center 1915 East Rezanof Drive Kodiak, AK 99615 6 Contractor: Prochaska and Associates 11317 Chicago Circle Omaha, Nebraska 68154 PROCHASKA AND ASSOCIATES, INC. By: Donald F. Prochaska, AIA, NCARB Its: President August 16, 2006 Bud Cassidy Engineering & Facilities Director Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 RE: Addition & Renovation to Providence Kodiak Island Hospital (PKIMC) for Kodiak Community Health Center Proposed Fee for Phase 5 Design Development /Construction Documents Project No. 061003 Dear Bud: We are nearing completion of Phase 4 Schematic Design for the Kodiak Community Health Center (KCHC) project and are prepared to present this Schematic Phase to the Kodiak Island Borough Assembly, tentatively in mid September. Per your request, we have developed a proposed fee for the Design Development/Construction Document phase, which is the next step in project development after completion of Schematics. Phase 5 will finalize parking and sitework, develop the design of all KCHC building systems (architectural, structural, mechanical, electrical and plumbing) and prepare contract documents (plans and specifications) as required for Phase 6 Bidding /Construction Administration. This Letter Agreement describes the contractual terms under which Prochaska & Associates (P&A) will provide Architectural /Engineering Design Development and Construction Document services for the Kodiak Island Borough (KIB) for the proposed KCHC facility. Specific terms of this Agreement are as follows: A. SCOPE OF SERVICES P&A will officially begin Phase 5 work on the Project upon acceptance of this Agreement. The Scope of Work, based on the Phase 4 Schematic Design documents, involves the addition of an approximately 6,520 square foot single story addition plus about 1,440 square feet of adjacent renovated space. The Scope also includes development of the south parking area (parking, site access, ADA compliant access). Also, upon acceptance of this Agreement, we will prepare a standard AIA Owner /Architect Agreement. We propose to furnish the following Phase 5 Design services for the KCHC project: 1. Design Development of the Schematic Documents to define details, materials, equipment, casework, door locations, aesthetics and other requirements and to further develop the original design set forth in the Schematic Phase. 2. Enlargement of floor plans, if necessary, to allow adequate sheet area to incorporate collected information. 3. Meet with appropriate staff to collect and review all pertinent information including door location and size, casework, interior finishes, equipment and specialty items for each room. 4. Develop preliminary plans for primary mechanical systems and duct layouts. Initiate electrical lighting and power plans. Begin layouts for structural framing and column locations. Develop initial civil /sitework documentation. 1 5. Continuation of the Design Development Documents into Construction Documents, incorporating details, specifications and other items required for bidding or negotiation with a Contractor or Construction Manager for construction of the project. 6. A more definitive statement of probable cost will be established at the end of this phase. 7. Final meeting with appropriate staff and Department Managers to review and answer any remaining questions either by the KIB, PKIMC, KCHC or the Architect. Also, staff will be asked to sign -off on these Documents. (Sign -off entails the signing of one corner of the appropriate sheet by the appropriate staff.) This indicates that they have reviewed this drawing and concur with wall locations, door locations and sizes, casework, interior finishes, equipment and specialty items. 8. Meet with KIB, PKIMC and KCHC personnel for final review and approval of Phase 5 documents. 9. Present progress drawings and final Phase 5 documents to KIB Assembly and /or Architectural Review Board, if desired. B. COMPENSATION Our proposed fee for the above Phase 5 (Design Development/Construction Document) services is $265,315 inclusive of reimbursable expenses incurred in the interest of the project (printing of plans and specifications for review, travel, long distance telephone calls, postage, etc). Fees for the remaining project Phase 6 (Bidding /Construction Administration) will be negotiated following completion and approval of Phase 5. C. KIB RESPONSIBILITIES KIB shall provide P&A all appropriate existing facility and site data and other relevant information as requested. D. ENTIRE AGREEMENT Bud, the appropriate signature below on both copies will acknowledge acceptance of the general terms of this Agreement. Please return one copy to us for our files. We look forward to continuing a productive relationship with you, the Borough, PKIMC and the Community Health Center on this project. Sincerely, This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof and may not be modified in any manner except by written instrument duly executed by each of the parties hereto. PROCHASKA & ASSOCIATES Steven A. Riley, AIA Executive Vice President KODIAK ISLAND BOROUGH By: Title: Date: 2 map map Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.C.1 Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. The KIB Planning and Zoning Commission approved the above referenced disposal of Borough land for fair market value after a public hearing held on September 20, 2006. In this case, the Kodiak Island Borough Assembly is the applicable review body, which must review the disposal request in accordance with the following standards: Kodiak Island Borough Code Section 18.20.030 states: 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposal that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. Attached is a copy of the Planning and Zoning Commission recommendation, hearing decision letter, applicable minutes of the September 20, 2006 Regular Meeting of the Planning and Zoning Commission, and Staff reports for Planning and Zoning Commission Case No. 07 -001. FISCAL NOTES: [X] N/A Expenditure Required: $0.00 Account General Fund: N/A Recommended motion: Move to adopt Resolution No. FY2007 -11. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -11 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 11/02/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING SUPLUS TO PUBLIC NEED ORIG A 6,000 SQUARE FOOT PORTION OF BOROUGH LAND (LOT1A -3, U.S. SURVEY 3465) LOCATED ADJACENT TO LOT 1, U.S. SURVEY 3466 AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE DIRECTLY WITH THE PETITIONERS WHEREAS, KIB code 18.20.120 allows the Borough Assembly to authorize the Borough Manager to negotiate directly with parties interested in acquiring Borough land; and WHEREAS, KIB Code 18.20.060 allows citizens to apply for disposal of Borough land; and WHEREAS, KIB Code 18.20.090 allows citizens to bid for disposal of Borough subject to a development plan; and WHEREAS, the Planning and Zoning Commission determined by resolution that certain land in Lot1A -3, U.S. Survey 3465 is surplus to the public's need; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: That a 6,000 square foot portion of Lot 1A -3, U.S. Survey 3465, as described in the amended request of the petitioners, adjoining their residential dwelling unit on Lot 1, U.S. Survey 3466, is hereby declared surplus to the public's need an authorized for disposal to the adjoining landowner for full and true market value. Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioners Bob and Earlene Berg, subject to the stipulations contained in Section 3, below, and other relevant provisions of KIBC Title 18. Section 3: The Assembly hereby affirms and restates the stipulations that were recommended by the Planning and Zoning Commission in its recommendation to the Assembly: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot1A -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. Kodiak Island Borough, Alaska Resolution No. FY2007 -11 Page 1 of 2 3. Prior to final approval of the subdivision the petitioners shall obtain approval of a rezone for the disposal area from PLAT - Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. 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 Resolution No. FY2007 -11 Page 2 of 2 Introduced by: P &Z Commission Requested by: Robert and Earlene Berg. Drafted by: Staff Introduced: 10/19/2006 Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION OF RECOMMENDATION A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING THE DISPOSAL OF AN UNSUBDIVIDED PORTION OF BOROUGH LAND FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the and is considered to be surplus to the Borough's need; and, WHEREAS, the Planning and Zoning Commission held a public hearing on September 20, 2006, to consider the land disposal request made by Robert and Earlene Berg for a land disposal at fair market value; and, NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: That the applicant in Case 07 -001 has insufficient usable land area for the purpose of constructing an attached residential /garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot 1A -3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot 1A -3, U.S. Survey 3465 in the future. N: \CD\Assembly\Resolutions\2006 Resolutions \P &Z Recommendation Resolution 07- 001.doc 1of2 Section II: That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot 1A -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision, the petitioners shall obtain approval of a rezone for the disposal area from PL- Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, THIS TWENTIETH DAY OF SEPTEMBER, 2006 e rol Fr - d, Chair ATTEST: ierson, Secretary \\ Dove\ departments \CD\Assembly \Resolutions\2006 Resolutions \P&Z Recommendation Resolution 07- 001.doc 2of2 September 21, 2006 Robert and Earlene Berg P.O. Box 359 Kodiak, AK 99615 Dear Mr. and Mrs. Berg: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 Re: Case No. 07 -001. A 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, a 11,792 square foot parcel of land located next to the principal residence of the requesting parties. (Postponed from the August 16, 2006 . regular meeting.) The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 21, 2006, moved to forward the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak IslandBorough Code 18.20.030: Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: That the applicant in Case 07 -001 has insufficient usable land area for the purpose of constructing an attached residential /garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot 1A-3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot 1A -3, U.S. Survey 3465 in the future. That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot JA -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision, the petitioners shall obtain approval of a rezone for the disposal area from PL- Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. This item is tentatively scheduled to appear before the Assembly at their October 19, 2006 regular meeting. Please confirm this with the Borough Clerk, Nova Javier, at 486 -9310, no sooner than five (5) working days from the date of this letter. If you have any questions regarding the Commission's actions, please contact the Community Development Department at 486 -9363. Sincerely, Duane Dvorak, Acting Director Community Development Department DD:zmp PLANNING AND ZONING COMMISSION REGULAR MEETING SEPT. 20, 2006 7:30 p.m. KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS MINUTES 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 September 20, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Excused Absent Jerrol Friend — Chair David King Gary Carver Brent Watkins Dennis McMurry Casey Janz Gary Juenger X X X X X X COMMISSIONER KING MOVED to excuse COMMISSIONER MCMURRY, and COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND authorized a voice vote, and the motion CARRIED unanimously, 6 -0. III. APPROVAL OF AGENDA X Others Present Duane Dvorak Community Development Zoe Pierson Community Development Edie and Coe Peggy Tuttle Richard Collins Greg Lopez James Brune Linda Freed Clarence M. McClaren CHAIR FRIEND asked if there were any changes or additions to the Agenda as distributed, noting that a communication item, the notes resulting from the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, had been added on the day of this meeting. COMMISSIONER.JANZ MOVED TO APPROVE the Agenda as presented, and the motion was SECONDED by COMMISSIONER KING, and CHAIR FRIEND authorized a voice vote, and the motion CARRIED 6 -0. IV. MINUTES OF PREVIOUS MEETINGS CHAIR FRIEND asked if there were any changes or additions to the Minutes of the meeting of August 16, 2006. Noting that no changes to said Minutes were desired, CHAIR FRIEND expressed his willingness to accept a motion to approve the Minutes as presented. COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and upon CHAIR FRIEND's authorization of a voice vote, the motion CARRIED 6 -0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments nor appearance requests. VI. PUBLIC HEARINGS Toll Free Telephone Number 1- 800 - 478 -5736 Local Telephone Number 486 -3231 A CASE: 07 -001 APPLICANT: Earlene and Robert Berg REQUEST: A 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, a 11,792 square foot parcel of land located next to the principal residence of the requesting parties. (Postponed from the August 16, 2006 regular meeting) LOCATION: Along Dark Lake beyond the end of Scout Circle. NHN Assigned. ZONING: PL- Public Use Land Staff reported that 18 public hearing notices had been mailed on August 30, 2006, since this request was postponed from the August 19, 2006 regular meeting for further consideration at the September 20, 2006 Regular Meeting of the Planning and Zoning Commission. ACTING DIRECTOR DVORAK noted that there had been three responses to the public hearing notices supporting the request and that staff had received additional information since the Commission's work session of September 13, 2006. Although staff had not had an opportunity to make a thorough analysis which would include the additional information and the amended site plan indicates a .smaller area to consider which makes a determination of the impact more difficult, staff is rescinding its original recommendation following the Applicants' amended request, reducing the subject square footage from approximately 12,000 to approximately 6,000. Staff is now recommending that the Commission forward the matter to the Assembly for approval of the land disposal subject to provisos appropriate thereto. ACTING DIRECTOR DVORAK reminded the Commission,however, that if they would prefer staff to conduct a more thorough analysis of the newly received information, the option of postponing this matter for hearing to the next regular meeting remains. COMMISSIONER JANZ MOVED as follows: Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: That the applicant in Case 07 -001 has insufficient usable land area for the purpose of constructing an attached residential /garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot 1A -3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot 1A -3, U.S. Survey 3465 in the future. That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot 1A -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. Prior to final approval of the subdivision, the petitioners shall obtain approval of a rezone for the disposal area from PL- Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72.. COMMISSIONER JUENGER [ ?] SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. Edward Coe spoke in opposition to the Applicants' request, explaining that he was attending this hearing on behalf of the Kodiak Elks which is vehemently opposed to any change in the status of the subject property from its originally intended use (Le., it is intended for youth activities). He explained the Elks' position that title to the subject property "passed hands" via Smokey Stover of the Elks in the time of the Territorial Congress to the City of Kodiak, who subsequently gave 16 acres, including the lake's shore, to the Elks. Subsequent to this period, when the Bureau of Land Management was in the process of settling the Alaska natives' claims to land, because of its policy dictating that it not negotiate with private persons, the Bureau passed title of the subject property to the Borough, and as part of this transaction, it was stipulated that the Borough was to return title to the subject property to those private parties who had relinquished title originally. Mr. Coe explained that the Elks, one of the parties to whom title should have been returned, had lost track of this matter due to personnel changes. Mr. Coe recalls that a letter explaining this transaction was extant in the past but that despite his efforts, he has been unable to locate it and is currently assuming that it was inadvertently lost as a result of routine file maintenance by the Elks. He noted that in fulfillment of the dedication of the property to youth activities, the Elks had agreed to the stipulation that should they use the land given to them for any activity not youth - related, title would revert to the Borough. He noted that despite the Borough's alleged (the Elks hotly contest the claim) ownership and has left it unused for any purpose, and he referenced the sewer project at Island Lake. In contrast, Mr. Coe described the Elks' efforts — in which he personally was involved — to ensure that in keeping with their promise to use their land for youth activities, the utility companies were persuaded to place their infrastructure below ground so that no lines of any kind are visible in the landscape. He reiterated the fact that the subject property in this case does not technically belong to the Borough, ownership of it having passed from the City to the Elks before the Borough came into existence. CHAIR FRIEND thanked Mr. Coe for his comments and acknowledged Robert Berg. Mr. Berg, one of the Applicants, stated that to his knowledge, the land's permitted uses had been designated in the 1960s and 1970s and that since then, these designations had been changed many times. He stated that his and his wife's purpose in making the application is merely to emplace a garage. However, he comprehends Mr. Coe's concerns, having noticed himself that the and in question is being used by "four- wheelers" which are "tearing it up ". CHAIR FRIEND thanked Mr. Berg and asked if there were any other members of the audience who wished to speak, a query to which he received no response. CHAIR FRIEND closed the public hearing and opened the regular session, asking if the Commission wanted to discuss this matter further. COMMISSIONER CARVER asked ACTING DIRECTOR DVORAK if he had any personal knowledge of the ownership history prior to the Borough's claim of ownership and the dedicated use issue brought up by Mr. Coe. The ACTING DIRECTOR stated that staff does not engage in title searches when analyzing an application as staffs responsibility is to analyze applications with respect to the physical layout of and the occurrences (e.g., utility easement, driveway easement, etc.) taking place on a property. In this particular case, the staff's review resulted in a change of assumptions but did not appear to require a title search. He pointed out that as staff had documented for last month's meeting, the current records indicate that title is in the hands of the Borough. The records reflect that when the property was divided, Camp Mueller and three (3) lots of the subdivision were designated as parks and /or Open Space (the implication being that playgrounds would be emplaced there). Lot 1A -3 has been designated for disposal. As far as staff knows, ownership rests with the Borough and, therefore, assumed that disposal is an option. As for Mr. Coe's description of the subject property's history, this is the first time that staff has heard it, and staff has no opinion on it as time to research this issue thoroughly would be needed. If the Commission were to adopt staff's recommendation and forward this matter to the Assembly, the Assembly has yet to review the issue of disposal which may, given Mr. Coe's statement, require a title search. Staff is unable to address this particular aspect of the matter at this meeting. CHAIR FRIEND offered the Commission another opportunity to discuss this matter. COMMISSIONER WATKINS noted that he was unable to find in the materials packet any information regarding the utility easement's serving as a bike path which he recalled seeing in an aerial photo. ACTING DIRECTOR DVORAK stated that he is unaware of a bike path being used to traverse the property. He noted that the utility easement's only function, per documentation (the easement's description was written by an engineering firm for each property and references the then - current utility project only), is as an utility easement. There is no public access over the property. The other easements on the subject property have been incorporated into the driveway. CHAIR FRIEND noted the fact that there is a "history of people" traversing the property but that that use is not a recorded use. COMMISSIONER WATKINS noted that "they have been supporting the use of the public across the land ", commenting that the decision seems to be between a smaller lot versus a larger intact and unencumbered one. CHAIR FRIEND asked if there was need for further discussion. COMMISSIONER JUENGER stated that he had been reluctant to entertain the notion of granting this application last month but that he had reconsidered his position. He commented that Mr. Coe's description of the history of the property is new to him but that he believes ACTING DIRECTOR DVORAK is correct in his assessment that the Commission's decision will not be the sole determinant of the outcome of the application. In Tight of this, he is "inclined" not to oppose forwarding the matter to the Assembly for consideration. CHAIR FRIEND concluded discussion by saying that he, like Mr. Coe, recalls that this property's dedicated use has been and is supposed to be for youth activities. However, he agreed that since this is with regard to driveway access to the Applicants' property, he is in favor of forwarding the matter to the Assembly for consideration. The motion was called, and it CARRIED 6 -0. Current ;Location P & Z Case # 07-001 Berg, Robert & Earlene A 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, a 11,792 square foot parcel of land located next to the principal residence of the requesting parties Legend Parcels Street Name CISubject Parcel Lot # Address Block # Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning ��~� u �wm� Case n� ,� 0x-00o Berg, Robert & Earlene A disposal in accordance with KIBC 18.20 of a portion of Lot 1A-3 U.S Survey 3465, a 11,792 square foot parcel of land iocated next to the principal residence of the requesting parties Legend Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Busines Rural Residential Rural Residential 1 Rural Residen al 2 Split-Lot Zone Feet 0 500 1,000 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 200: Contour information:USGS Digital Elevation Mode, Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Kodiak Island Borough Community Development Department 710 MiII Bay Road Request for Title 18 Review Property Owners: Earlene and Robert Berg P.O. Box 359 Kodiak, Alaska Property Information: GT 1A-3 USS 3465 (survey attachment) E 1/4/34/v-t_ Earlene Berg CET JUN 23 2006 `. COMMUNITY DEVELOPMENT acPAg ;ME j Present use of property- None, has a utility and driveway easement. Proposed use of property - add a garage to the existing residence and a finished parking area /driveway. Access to the south of residence is not possible at present time as the lake is immediately on the eastside and the utilities, hill, and . a borough bike path are to the west side. Property we vwish. to ;purchase i ;11, 792 sq ft. We have been quoted by the borough personnel at around $20,000.00 for this purchase. We believe this to be a fair amount for the purchase of the property. We request a review of this matter. And Thank You for your attention. AR OTHER F1CASH 86/23/2H06 14:22:47 i60016146 'Var Fees p �A1D Robert *Bern Fu11 * ** * Berg y a nd BorGUq 14. (- 99615 (907) 456 -9324 a� -001 map This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, September 13, 2006, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. ■ ' . i DX C/04 l ab /7;1 Your Name. a �1 UE FAY Address: ! � 5 f � Mailin � g 1 Your property description: V' 5 5 34-10 _ T / Comments: / i ., .- RIM ti I T 1 71 1 WA=116 1 " 1/ f 1 tisoram, , imminirmi ..,.., , Ill IF if SEP 7 200 �e ,. _,............ i . . a a a a ,- PUBLIC HEARING NOTICE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A A public hearing will be held on Wednesday, September 20, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 07 -001 APPLICANT: Earlene and Robert Berg REQUEST: A 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, a 11,792 square foot parcel of land located next to the principal residence of the requesting parties. (Postponed from the August 16, 2006 regular meeting) LOCATION: Along Dark Lake beyond the end of Scout Circle. NHN Assigned ZONING: PL- Public Use Land DATE: September 20, 2006 TO: Planning and Zoning Commission STAFF: Duane Dvorak, Acting Director SUBJ: Information for the September 20, 2006 Regular Meeting CASE: 07 -001 Case 07- 001 /Suppl. Staff Report STAFF COMMENTS Public Hearing Item VI -A SUPPLEMENTAL MEMORANDUM APPLICANT: Robert & Earlene Berg REQUEST: A 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, a parcel of land approximately 6,000 square feet in area, located next to the principal residence of the requesting parties on Lot 1, U.S. Survey 3466. LOCATION: Terminus of Scout Circle — between Dark and Island Lakes. ZONING: PL — Public Use Eighteen (18) public hearing notices were mailed on August 30, 2006. An amended disposal request was submitted on September 14, 2006. Due to other time commitments, staff did not have adequate time to completely re- analyze this request. Staff did however make some observations which are contained in this supplemental report and the updated graphics from the prior report (attached). The area requested for disposal has been reduced from 11,792 square feet to about 6,000 square feet. The revised site plan and disposal request shows the proposed addition to the existing home on Lot 1, USS 3466. The disposal line has been relocated to add about fifty feet to the front of Lot 1 along the shoreline of Dark Lake. The relocated line terminates at the northwest edge of the 50 foot roadway and utility easement at the rear of the property which would provide about 15 feet of setback area to the corner of the proposed building addition. Staff has rescinded the negative recommendation from the prior request. While it appears that this amended proposal will have Tess impact on the future disposal of the remainder of Lot 1A -3, that same reduction in area also makes it harder to discern what, if any, impacts will result from the disposal. Should the Commission elect to forward this request to the Assembly with a recommendation, staff has outlined the additional requirements that would be necessary to comply with KIBC 18.20 and other relevant code sections. Page 1 of 2 P & Z: September 20, 2006 Case 07 -001 /Suppl. Staff Report As previously noted in the original staff report Lot 1A -3 has already been designated for disposal by the borough Assembly so that the only real issue in order to determine the advisability of this request is whether it will have a negative impact on the future disposal of the remainder of Lot 1A -3, U.S. Survey 3465. APPROPRIATE MOTION Public Hearing Item VI -A MOTION: Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: That the applicant in Case 07 -001 has insufficient usable land area for the purpose of constructing an attached residential /garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot 1A -3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot 1A -3, U.S. Survey 3465 in the future. That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with KIBC 18.20.130 as part of the disposal. The appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot 1A -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision, the petitioners shall obtain approval of a rezone for the disposal area from PL- Public Use Land to RR1 -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. Page 2 of 2 P & Z: September 20, 2006 L cQ b0SFDSw.Q. P12 " 1..2 C 4 ' --'c6O/ Area of revised disposal request, Approx. 6,000 Sq. Ft. IOKEY'S ' 5; Location of 50 foot roadway and utility easement. 11982 Development Plan I NOTE NOTE A /0 Ft UTILITY EASEMENT IS PROPOSED ALONG ALL LOT BOUNDARIES SHAHAFKA ACRES SUBD /V /S /ON KIBS261094 KODIA K /SLAND BOROUGH PREL IM /NARY SUBDIVISION PLAN .a F° ai IAI LA Aso°Co"sc "Rf AZ I;A'O " Case 2007 -001 — /SLAW LAKE SURD/ V /S /ON wiSF e w"NRRpR' RFw ro REVISED OCTOBER 26, /983 JANUARY /983 SCALE /'•/OO' SHEET NO / 660 Combined square footage would equal,45,204 Sq. Ft. (Less the 9,013 Sq. Ft. of Roadway and Utility Easement which does not count as lot area for subdivision LO -r 1 purposes.) The resulting net lot area would be 36,191 Sq. Ft. LOT Or IA -3 • s / � 5 � / Revised disposal request Approximately 6,000 Sq. Ft. photo TO: Planning and Zoning Commission FROM: Tom Anderson, Assessor DATE: September 8, 2006 SUBJECT: Case 07 -001 KODIAK ISLAND BOROUGH Assessing Department CC: Rick Gifford, Borough Manager MEMORANDUM This memo is written as a point of clarification regarding the above referenced case requesting a disposal of Borough land in the Island Lake /Dark Lake area. As specified by Kodiak Island Borough Code Section 18.20.100: "...all disposal of borough land shall be for the fair market value..." The application narrative makes an undocumented assertion that a property value of "...around $20,000 for this purchase" has been "quoted by the borough personnel..." Borough personnel making the alleged quote are not identified. So that there is no misunderstanding, I would like to make clear that no current fair market appraisal of real property value of the property requested for disposal, consisting of 11,792 sq. ft., has been authorized by the Assembly or undertaken by the Assessing Department. Case 07- 001 /Staff Report MEMORANDUM DATE: July 25, 2006 TO: Planning and Zoning Commission THROUGH: Duane Dvorak, Acting Director STAFF: Martin Lydick, Associate Planner SUBJ: Information for the August 16, 2006 Regular Meeting CASE: 07 -001 Public Hearing Item VI -A APPLICANT: Robert & Earlene Berg REQUEST: A 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. LOCATION: Terminus of Scout Circle — between Dark and Island Lakes. ZONING: PL — Public Use Nineteen (19) public hearing notices were mailed on July 19, 2006. Date of site visit: None 1. Minimum lot size: 7,200 square feet Compliance: Yes 2. Minimum lot width: 60 Lineal Feet Compliance: Yes 3. Existing land uses: Vacant Compliance: Yes 4. Existing structure(s) on the property: No Compliance with setbacks: Yes Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Unk, no topographical data submitted Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes Page 1 of 6 P & Z: August 16, 2006 Public Hearing Item VI -A 6. Physical Features: Unk Wetlands, streams, drainage courses: Unk, No data submitted Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Single Family Residential Double frontage Tots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: N/A Common wall or zero -lot line: No Frontage on dedicated public right -of -way: No Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: YES Applicable Code Provisions 18.20.170 Definitions. As used in this chapter: A. "Borough land" means any real property or interest therein owned by the Kodiak Island Borough; B. "Contract" means .... "; C. "Disposal" means any transfer of real property authorized under this title; and D. "Real property" means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. (Ord. 80 -28 -0 §1(part), 1980). Per Kodiak Island Borough Code 18.20.030 Review by planning commission -- Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposal that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. (Ord. 80 -28 -0 §1(part), 1980). Case 07-001/Staff Report Page 2 of 6 P & Z: August 16, 2006 Public Hearing Item VI -A COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: No 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Yes 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A Commercial /Industrial Development N /A: This action does not involve commercial or industrial development Case 07- 001 /Staff Report Page 3 of 6 P & Z: August 16, 2006 REVIEW AGENCY COMMENTS Kodiak Island Borough Resource Management Officer (No comment received regarding this request) Kodiak Island Borough Parks & Recreation Committee: (No comment received regarding this request) STAFF COMMENTS Public Hearing Item VI -A This request is for the acquisition of a portion of unsubdivided Borough lands for fair market value. The applicant is an abutting property owner and states in their original application a desire to acquire additional lands for the purpose of adding a garage to the existing residence (located on Lot 1 United States Survey 3466) and development of a finished parking area. The applicants currently own United States Survey 3466 Lot 1, 2709 Dark Lake Rd. A 39,204 square foot, RR -1 lot, this parcel was originally developed as a lakefront recreational property in 1963. Currently improved with a 1,864 square foot single - family residence, this parcel now relies upon a platted driveway easement traversing Lot 1A-3 United States Survey 3465 for primary access. Lot 1A -3, U.S. Survey 3465, at the terminus of Scout Circle, is generally wedged between Island and Dark Lakes on the west, Borough ball fields at the old Smokey's site on the south, and Shahafka Acres Subdivision on the east. This property, totaling approximately 6.4 acres, was determined along with neighboring public land in 1968 to be surplus to public need. Originally part of a sixteen (16) acre tract, this area was proposed for development in a "Development Plan" approved by the Commission and Assembly in 1982 Revisited in 1992 this lot was reserved for future disposition in the subdivision case which resulted in the eventual disposal of Lot 1A -2 to the Elks, and specifically dedicated Lots 1A -1 and 1A -4 for park purposes. Contrary to popular opinion, nothing in the record supports the contention that this remainder parcel was to be dedicated for public recreational purposes Located immediately northeast of the boundary described in the 1997 Lakeside - Safeway Sub -area Land Use Plan, this parcel is not discussed in that plan. This parcel (Lot 1A -3) realistically represents the final phase of the 1982 development scheme. 'Reference Planning & Zoning Commission Cases S82 -028P and S83 -055, Development Plan. 2 Planning & Zoning Case No. S92 -013. 3 The record does however express the problems associated with continued was (and is...) essentially a racetrack for ORVs. Case 07- 001 /Staff Report & graphic labeled 1982 public ownership of what Page 4 of 6 P & Z: August 16, 2006 4 See graphic labeled "Land Swap Option" Case 07- 001 /Staff Report Public Hearing Item VI -A Now bracketed on the south, west, and north by designated recreational lands, this holdover parcel would appear ready for inclusion on a list of excess borough lands available for disposal. Indeed, this parcel has appeared on preliminary disposal listings for several years running now. This request for disposal may serve as the impetus for completion of the final phase of a disposal process begun twenty -four years ago. Lot 1 United States Survey 3466 is a 39,204 square foot parcel. Only minimally developed in the most immediately accessible northeast corner, the parcel nonetheless provides sufficient land area for the purpose as stated in the application. Zoned RR -1, and served by municipal water and sewer, the applicant, with the acquisition of an additional 11,792 square feet of land area, would have the opportunity to subdivide into two (2) lakefront parcels. A disposal as proposed with this application would deleteriously affect any potential general disposal of the lot (Lot 1A -3 USS 3465) in its entirety, and would confer upon the applicant a property right far in excess of the $20,000.00 acquisition remittance suggested in their application. Staff believes there are a number of solutions, protecting the public's (land) interest, and providing the applicant with the opportunity to build a detached garage, are possible. The first identified option is to negotiate a revised driveway easement location providing the applicant with access enabling development work on the existing lot, and thereby providing sufficient land area for the desired garage. Another identified option is to investigate the concept of a land swap and proceed according to KIBC 18.80.020. In exchange for the land area necessary for the desired garage, the applicant would swap that uplands portion of the lot deemed unusable (by the applicant) to the Borough Truly unusable land is a rather odd commodity — in any land market. The problem may more often be identifying the party who may have a use for the land. With this request, the Applicant has complied with Kodiak Island Borough Code 18.20.060 - Applications, and, is presumed to meet the requirements of Kodiak Island Borough Code 18.20.070 — Qualifications of Applicants and Bidders. Page 5 of 6 P & Z: August 16, 2006 Case 07- 001 /Staff Report RECOMMENDATION APPROPRIATE MOTION Public Hearing Item VI -A Staff recommends forwarding this request for disposal of Borough lands to the Borough Assembly with a negative recommendation. MOTION: Move to adopt the following resolution containing a negative recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: That 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 United States Survey 3466. That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, is precipitous at this time and would unduly restrict the public's options in future land disposal actions encompassing the entirety of Lot 1A -3 United States Survey 3465. That the disposal of an unsubdivided portion of Borough land, described as, a portion of Lot 1A -3 United States Survey 3465, for fair market value is hereby not recommended for approval by the Kodiak Island Borough Assembly. Page 6 of 6 P & Z: August 16, 2006 c co d c 0 E 0. 0 0 0 0 N co O) Combined square footage would equal 50,996 sqft. LCD T ► RR1 zoning district requires 20,000sqft per lot when served by municipal water & sewer. photo LAND SWAP OPTION Re- configured Lot 1 USS 3466 equals +1- 23,000 sqft Borough trades this portion to homeowner in exchange / J' Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.C.2 Resolution No. FY1997 -39A Authorizing the Approval of an Amendment of Resolution FY1997 -39 for the Lease with the Providence Health System in Alaska for Kodiak Island Counseling Center Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The lease amendment with the Providence Health System in Alaska needs to be approved by the Assembly. The Safe Harbor office needs a new rental space as their current offices are set for sale in December, 2006. They wish to use apartment A & B. Their lease has been amended to reflect this change. Changes have also been made to clearly reflect the actual physical address of their current buildings being used. The appropriate non - profit designate 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. FY1997 -39A. KODIAK ISLAND BOROUGH RESOLUTION NO. FY1997 -39A Introduced by. Manager Gifford Requested by Manager Gifford Drafted by: Finance Director Introduced: 11/02/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF AN AMENDMENT OF RESOLUTION FY1997 -39 FOR THE LEASE WITH THE PROVIDENCE HEALTH SYSTEM IN ALASKA FOR THE KODIAK ISLAND COUNSELING CENTER WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the amendment to the lease with Providence needs to be approved by the Assembly; and WHEREAS, Providence Health Systems in Alaska needs space for their Safe Harbor program due to their current building location being sold; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to sign the lease amendment on behalf of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. 1997 -39A Page 1 of 1 AMENDMENT B Section 2 of the lease between the Kodiak Island Borough and Sister of Providence in Washington d/b /a Providence Health System in Alaska for the Mental Health Center is hereby deleted and amended as follows: 2. PREMISES: The real estate which is the subject matter of this Agreement is described as follows: That certain office space located in various buildings located on Lot 5A -1A, Military Reserve, US Survey 2538 according to plat 95 -04 recorded in the Kodiak Recording District, Third Judicial District, State of Alaska and more particularly described below. a. 714 Eagan Way, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments A through G. b. Partial use of 716 Eagan Way, Kodiak Island Borough Mental Health boiler room. c. 718 Eagan Way, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments H through M. Including all buildings, appurtenances, and improvements thereto, as well as the existing parking areas as identified on Exhibit A, attached (herein referred to as "Premises ") IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2006. TENANT: Sisters of Providence in Washington dba Providence Health System in Alaska By: Name ATTEST: Title By: Name Title LANDLORD: THE KODIAK ISLAND BOROUGH Rick Gifford, Borough Manager ATTEST: Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. 97 -39 Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Borough Attorney Introduced: 08/21/97 Amended: 08/21/97 Adopted: 08/21/97 A RESOLUTION BETWEEN THE KODIAK ISLAND BOROUGH AND SISTERS OF PROVIDENCE IN WASHINGTON D /B /A PROVIDENCE HEALTH SYSTEM IN ALASKA FOR LEASE OF THE KODIAK ISLAND BOROUGH MENTAL HEALTH CENTER WHEREAS, the Kodiak Island Borough (hereinafter referred to as the "Borough ") is the owner of certain real property consisting of a health care facility, together with improvements located thereon, and certain equipment located in and about the premises known as the Kodiak Island Borough Mental Health Center (hereinafter referred to as the "Center "); and WHEREAS, the Borough, in the interests of sound fiscal management and to ensure the continued operation of the Center in a professional and efficient manner, has requested Providence Health System in Alaska (hereinafter referred to as "Providence "), a Washington non - profit corporation, to lease the Center; and WHEREAS, Providence owns and operates a number of health care facilities that are operated in keeping with its philosophy, mission, and values; and WHEREAS, Providence desires to lease the premises and the equipment from the Borough subject to the terms and conditions contained in the "Lease Agreement" that has been approved by both parties subject to approval by the assembly; and WHEREAS, the assembly is authorized by the provisions of the Kodiak Island Borough Code of Ordinances 18.40.020 to approve, by resolution, a negotiated lease for a period not to exceed twenty -five (25) years to any non - profit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The lease of the Kodiak Island Borough Mental Health Center to the Sisters of Providence in Washington d /b /a Providence Health System in Alaska is hereby approved on the terms and conditions of the Lease Agreement. Kodiak Island Borough, Alaska Resolution No. 97 -39 Page 1 of 2 Ri 9.R-) - ScI LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, a municipal corporation of the State of Alaska (hereinafter referred to a, "KIB "), and SISTERS OF PROVIDENCE IN WASHINGTON d /b /a PROVIDENCE HEALTH SYSTEM IN ALASKA, a Washington non - profit corporation (hereinafter referred to as "Providence "). WITNESSETH: WHEREAS, KIB is the owner of certain real property, and certain equipment located in and about the Premises known as Kodiak Island Mental Health Center ( "Mental Health Center "); WHEPFAS, the Borough in the interests of sound fiscal management and •.^ ensurs the continued availability of a Mental Health Program ( "Mental Health Program ") in the Kodiak Island Borough managed in a professional and efficient manner, has requested Providence to lease the Premises; WHEREAS, Providence owns and operates a number of health care facilities, that are operated in keeping with its philosophy, mission and values; and WHEREAS, Providence desires to lease the Premises and the Equipment from KIB, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and each of the parties intending to be legally bound hereby, it is mutually agreed as follows: LEASE AGREEMENT - Page 1 of 12 1. AGREEMENT TO LEASE: KIB agrees to lease to Providence and Providence agrees to take from KIB, the Premises and Equipment described herein, for the term and upon the terms and conditions set forth in this Agreement. 2. PREMISES: The real estate which is the subject matter of this Agreement is described as follows: LEASE AGREEMENT - Pave 2 of 12 That certain office space located in various buildings located on Lot 5A-1A, Military Reserve, U.S. Survey 2538 according to plat 95 -04 recorded in the Kodiak Recording District, Third Judicial District, State of Alaska and more particularly described below. a. Building A, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments C through G. b. Building B, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments H through M. c. Building A, Kodiak Island Borough Mental Health Cottages. including all buildings, appurtenances,_ and-improvements thereto, as well as the existing parking areas as identified on Exhibit A, attached (herein referred to as "Premises "). 3. EQUIPMENT: The Equipment which is the subject matter of this Agreement is all of the Equipment presently located in or on the Premises, in an "as is" condition, and all Equipment to be acquired during the term of this Agreement. 4.1 TERM OF AGREEMENT: The Premises and Equipment shall be leased to Providence by KIB for a term of approximately ten (10) years, commencing on January 2, 1998, through and including April 20, 2007, unless sooner terminated as hereinafter provided. 4.2 Provided that Providence is not in default under this Lease Agreement, Providence shall have the option to extend this Lease Agreement for one additional term of ten (10) years by providing KIB with 180 days prior written notice. The extended term shall be on the same terms and conditions of this Lease Agreement with monthly lease payments to be established by negotiation. 4.3 At the expiration of the term of this agreement or upon the termination of this agreement as provided for herein, Providence shall surrender possession of the Premises and Equipment to KIB as set forth under the terms of this Agreement. 5. LEASE PAYMENT SCHEDULE. The fixed annual lease payment during the term of this Agreement shall be Ten Dollars ($10.00) payable by Tenant on or before the first day of each contract year in advance, at the office of KIB or at such other place designated by KIB, without any prior demand therefor, and without any deduction or setoff whatsoever. 6. UTILITIES: Providence shall arrange and pay for ail utilities and other services to be furnished to the Premises, including gas, fuel oil, electricity, sewer, water, telephone, and garbage collection. All utilities shall be prorated between the parties as of the effective date of this Agreement. 7. USE: Providence shall use and operate the Premises for a mental health program and for any additional health care related purposes as may be appropriate. Providence shall operate and maintain the premises under the Alaska Statutes and in accordance with the standards prescribed by the Alaska Department of Health and Social Services. 8. QUIET ENJOYMENT: KIB warrants that Providence, upon paying the rent and any other charges as provided for in this Agreement and upon performing all other obligations herein, shall quietly have, hold and enjoy the Premises without hindrance. .EASE AGREEMENT - Paae 3 of 12 9. WARRANTY OF TITLE: KIB hereby warrants that it has good and marketable title to the Premises. 10. CLOSING ACTIVITIES: KIB shall, at its expense, conduct an audit of the �t1N ■ \h Mental Health Center's financial statement as of Oeto rar t, -1 -99 The audit shall be performed accoi ding to generally accepted accounting principles by an independent certified public accountant approved by Providence. 11. CURRENT ASSETS, LIABILITIES AND GRANTS: 11.1 Providence will receive from KIB at Closing_ current assets defined as prepaids, existing and future rights under the Alaska Community Mental Health Services Act (AS 47.30.520 to .620) and any other state or federal programs, and such other current assets of the Mental Health Center as identified in the audit provided under sections 10. of this agreement. KIB agrees to execute and deliver any and all documents necessary or proper and to cooperate with Providence to accomplish the transfer of these assets. KIB will retain and pay all Mental Health Center liabilities through October 31, 1997, including, accounts payable and accrued liabilities identified in the audit. KIB will retain and pay non - current payables attributable to prior years cost reports related to governmental payers, including those resulting from the filing of the termination cost reports of the Mental Health Center. The excess, if any, of current assets over current liabilities shall accrue to the sole financial benefit of Providence to offset the Mental Health Center operating losses. 11.2 Subject to this Agreement except as otherwise provided during the term of this Agreement, KIB shall retain all liability for notes payable and other debts, however characterized. LEASE AGREEMENT - Page d of 12 11.3 KIB agrees to pass on to Providence all revenue sharing or grant funds which it receives from the State of Alaska for the Community Support Program or other mental health related programs. Providence agrees that it will use all such funds for the mental health related purposes for which they are established or provided. _. 12. INSURANCE: Providence shall, at its expense, maintain throughout the term of this Agreement the following insurance. a. Insurance against Toss or damage by fire and such other iisks as may be included in the current KIB hazard insurance policy with extended coverage in an amount not less than the replacement value of the Premises from time to time; b. Insurance against claims for personal injury and property damage occurring on the Premises under public liability and malpractice policies with limits of not Tess than $1,000,000 per person, $3,000,000 per occurrence and $500,000 for property damage arising out of any single occurrence. Such insurance policies may provide for partial self- insurance under the same terms as the policies for mental health programs owned and operated by Providence. KIB shall be named as an additional insured party on each such policy of insurance, and certificates thereof shall be furnished to KIB. 13. MAINTENANCE AND REPAIRS: Providence shall cause the Premises to be maintained and repaired in accordance with all state and local codes, and keep the Premises in a condition at all times acceptable to KIB, including but not Limited to cleaning, painting, decorating, plumbing, carpentry, grounds care and such other maintenance and repair work as may be necessary. KIB shall *vide and pay for any major maintenance and repairs in the amount of $10,000 or more. LEASE AGREEMENT - Paae 504 12 14. CONDITION ON SURRENDER: Upon termination or expiration of this Agreement, Providence shall surrender the Premises to KIB in substantially the same condition as exists on the date hereof, except for reasonable wear and tear. 15. IMPROVEMENTS AND ALTERATIONS: Providence shall make no alterations in, or additions or improvements to, the permanent structure of the Premises without first obtaining the written consent of KIB. Any additions and improvements made to the permanent structure of the Premises shall remain upon and be surrendered with such Premises as a part thereof at the expiration of the term of this Agreement, by lapse of time or as otherwise provided herein. 16. ADMISSION TO MENTAL HEALTH PROGRAMS: All persons in need of mental health services shall be admitted to the Mental Health Programs without regard to race, creed, color, national origin or financial circumstances. 17. INDEMNIFICATION: Providence hereby agrees to indemnify and hold KIB harmless from and against any and all claims and demands for injury or death to persons and damage to property occurring on the Premises during the term hereof, and will defend KIB from any claim of liability on account thereof. Providence shall have no obligation for, and KIB shall indemnify and hold Providence harmless from and against, any and all liability with respect to any claims resulting from the negligence of KIB or its agents or employees, or any claims arising out of acts or omissions which occurred prior to the effective date of this Agreement. 18.1 GOVERNANCE: The over all management and control of the Mental Health Program will rest with Providence Alaska Service Area Board. It is anticipated that two KIB residents will be eligible to participate as voting members on. the Providence Health System in Alaska Community Board ( "PHSACB "). LEASE AGREEMENT - Page 6 of 12 18.2 An Advisory Board will be appointed by KIB with the approval of Providence, and function as liaison between KIB, the Mental Health Program staff, and Providence, and shall be responsive to the concerns of the community regarding the operation of the Mental Health Program. Providence shall keep the Advisory Board updated with respect to matters of Mental Health Program policy and the relationship of the Mental Health Program to the community and the surrounding areas which it serves. Specifically, the duties and responsibilities of the Advisory Board include the following: a. Review any changes in Mental Health Program policy. Policies may be suggested by Providence of the Advisory Board; but all require review by the Advisory Board. A policy is defined as a definite course of action as pursued by administration. b. Review any new client care services. c. Review the operating and capital budgets prepared for the Mental Health Program. d. Review the rate and charge structures in the Mental Health Program. e. Review and comment concerning the quality of care rendered to the clients of the Mental Health Program. f. Review any reports prepared by Providence. Program. g. h. Assist Providence in determining and deciding all matters of policy relating to the public relations of the Mental Health Program and the relationship of the Mental Health Program to the community aril the surrounding area which it serves. LEASE AGREEMENT - Page 7 of 12 Assist the Administrator in long range planning for the Mental Health 19. RIGHT TO ENTER PREMISES: Upon reasonable notice, Providence shall permit KIB, its agents and employees to have access to and to enter the Premises at all reasonable and necessary times to inspect the Premises. 20.1 DEFAULT REMEDIES: "Event of Default" means any one or more of the following events, whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body: a. Failure to pay rent required by Section 6.1 or 7.1 when such rent becomes due and payable, and continuance of such failure to pay for a period of ten (10) days; or b. Default in the performanc, or breach of any other covenant or warranty by Providence under this Agreement, and continuance of such default or breach for a period of thirty (30) days after there has been given, by registered or certified mail, to Providence by KIB a written notice specifying such default or breach and requiring it to be remedied stating that such notice is a notice of default hereunder; or 20.2 If an Event of Default by Providence occurs and is continuing, KIB may terminate this agreement, excluding Providence from possession of the Premises and use its best efforts to lease the Premises to another for the account of Providence, holding Providence liable for the difference between the rentals received and the rentals which would have been receivable hereunder; and take whatever action at law or in equity may appear necessary or appropriate to collect the rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Providence under this Agreement. LEASE AGREEMENT - Page 8 0112 21. TERMINATION: At any time either KIB or Providence may terminate this Agreement by one year's written notice to the other party. This Agreement shall terminate one year from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to the termination. 22. NOTICES: All notices, demands, or other writings in this Agreement provided to be given, made or sent, or which may be given, made or sent, by either party hereto to the other, shall be deemed to have been given, made or sent when made in writing and deposited in the United States Mail, Registered or Certified Mail, postage prepaid, and addressed as follows: KIB: Mayor Kodiak island Borough 710 Upper Mill Bay Road Kodiak, Alaska 99615 Providence: Chief Executive Providence Health System in Alaska 3200 Providence Drive P.O. Box 196604 Anchorage, Alaska 99519 -96604 The address to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. 23. ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and may sublease the Premises, in whole or in Dart, only with the prior consent of the KIB. Providence may not mortgage or grant a security interest in this Agreement or leasehold interest. Nothing herein will prevent Providence from leasing space to LEASE AGREEMENT - Page 9 of 12 psychologists or other mental health providers. No assignment for the benefit of creditors or by operation of law shall be effective to transfer any rights to the Assignee. 24. DAMAGE OR DESTRUCTION: When all or any part of the Premises is destroyed or damaged, the KIB may proceed promptly to replace, repair, rebuild and restore the Premises to substantially the same condition as existed before the taking or event causing the damage or destruction. Rent shall be abated in the event of any destruction of, damage to, or taking all or any part of the Premises in proportion to the square footage which is unusable by Providence. If fifty percent (50 %) or more of the Premises are rendered untenantable by the aforementioned causes, KIB shall have the right to be exercised by notice in writing, from and after said occurrence, to elect not to reconstruct the Premises, and in such event this Agreement and the tenancy hereby created shall oease as of the date of such occurrence, the rent to be adjusted as of such date. 25. CONDEMNATION: If the Premises, or such part thereof as in the reasonable opinion of Providence renders the remainder unusable for its purpose, shall be acquired by eminent domain, then this Agreement shall cease and terminate as of the date that possession is taken in such proceeding. Such termination, however, shall not be deemed to deprive Providence of any of its rights to receive compensation by reason of such taking. 26. WAIVER OF SUBROGATION: KIB and Providence, both on their own behalf and on behalf of all others claiming through or under either of them, hereby mutually waive and release all claims, liabilities and causes of action against the other and the agents, LEASE AGREEMENT - Page 10 of 12 servants, employees and invitees of each otter, for all loss, damage to or destruction of the Premises or any portion thereof, as well as the fixtures, equipment, supplies and other property of either party located in, upon or about the Premises resulting from fire or other perils covered by standard fire and extended coverage insurance, whether caused by the negligence of any of said persons or entities or otherwise, except to the extent such waiver would violate or otherwise abrogate the terms of such insurance coverage. 27. MISCELLANEOUS: All covenants and agreements in this Agreement by KIB or Providence shall bind their successors and assigns, whether so expressed or not. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. None of the terms, conditions, covenants or provisions of this Agreement can be waived by either party except by appropriate written instrument. The waiver by either party or any breach of any term, condition, covenant or provision herein contained shall not be deemed a waiver of the same of any term. condition, covenant, or provision herein contained or of any subsequent breach of the same or any other term, condition, covenant or provision herein. This Agreement shall be construed in accordance with the laws of the State of Alaska. Nothing in this Agreement, express or implied, shall give to any person, other than the parties hereto, and their successors and assigns, any benefit or other legal or equitable right, remedy or claim under this Agreement. IN WITNESS WHEREOF the parties have respectively executed this Agreement the day and year written below. SISTERS OF PROVIDENCE IN WASHINGTON d/b /a PROVIDENCE ALASKA MEDICAL CENTER By: Title DATE: LEASE AGREEMENT - Page 11 of 12 KODIAK ISLAND BOROUGH By: J‘r me M. Selby, Mayor DATE: I. ("2Cc / �( 7 so C : , :, ,. : , ,,,... ; lid - t } I 1 1 N I P " \r'c 'cl• 4fr itit; • • ;,■, r•: 6 OI'O6'O6 cr- I . ,, \ - \ \ �\ o vim es t �,. fns► `. MLJI' CI STATE OF ALASKA ) ss.: THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the i (6 day of rfv, 1997, before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Jerome M. Selby, to me known to be the Mayor of the KODIAK ISLAND BOROUGH, and known to me to be the person who executed the above and fc•egoing instrument on behalf of the municipality, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by the Borough Assembly. WITNESS my hand and notarial seal the day and year first above in this Certificate written. ATTEST: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 1997, before me, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , to me known to be the of SISTERS OF PROVIDENCE IN WASHINGTON d/b /a PROVIDENCE ALASKA MEDICAL CENTER, and known to me to be the person who executed the above and foregoing instrument on behalf of the corporation, and who acknowledged to me that he executed the same as a free act and deed of the said entity for the uses and purposes therein stated and pursuant to the authority granted to him by the Board of Directors. WITNESS my hand and notarial seal the day and year first above in this Certificate written. 47021669d.001 LEASE AGREEMENT • Page 12 of 12 ss.: Notary Public in and for a My Commission Expires: o? /7/ i Notary Public in and for Alaska My Commission Expires: This amendment to the Lease Agreement by and between KODIAK ISLAND BOROUGH (KID) and the SISTERS OF PROVIDENCE IN WASHENGTON db /a PROVIDENCE HEALTH SYSTEM IN ALASKA, a Washington non - profit corporation (hereinafter referred to as "Providence) is made as au Atnctnchueut to the Lease Agreement between the parties. This Amendment is hereby incorporated into that Agreement by reference and supersedes any provisions of that Agreement that are contrary to this Amendment. Except ae modified by this and other Amendments, the Lire A izeu►eut rcu►sius in full furcc and effect. • AMENDMENT A Community Mental Health Center A.1. Providence Health System in Alaska (PI-ISA), at its solo discretion, shall establish a community mental health program that will provide mental health noel behavioral medicine services to the community of Kodiak Island. A.2. PHSA shall operate its Kodiak Community Mental Health programs in accordance with the PHSA mission uuul values. A.3. PHSA shall have full accountability for the operations, billing, staffing, etc. of the Kodiak Community Mental Health programs. A.4. No less than annually, PHSA shall prepared statement of revenue and expenses for the Kodiak Community Mental Health programs. Any de$cits related to operating these programs shall he the responsibility of KIB, payable within 45 days of thc end of the fiscal year. KIB shall have the right to use its portion of the net profits generated by the hospital as described in section 8.2 of this agreement to support deficits related to the Kodiak Commuuuty Mental Health programs. In the event that there are insufficient funds generated by the hospital operations to support the Kodiak Community Mental Health programs in any given year, KIR's liability shall accrue against the ptuceeding years net profits from hospital operations. If there are insufficient funds from hospital operations to support K1R's liability related to the Kodiak Community Mental Health programs for two oonsecutive years, KIB shall be required to reimburse PHSA in full for all deficits outstanding within 45 days of the end of thc second fiscal year. A.5. In recognition. that KM will be accountable for financial shortfalls related to the community mental health programs, PH ;hall present the mental health program operating budget to KIB :annually for its review and approval. At a minimum of once per quarter, PHSA 5114i1 trpv ►'. the actual financial performance of the mental health programs to lots. A.6. PHSA shall maintain separate accounting rcwnis and financial statements for the Kodiak Community Mental Health programs and shall provide KIB with he Kodiak Community Mental Health programs' year -end financial statements. A.7. KIB warrants by PHSA establishing new Kodiak Community Mental Health programs and by entering into this agreement for KM to Lave financial accountahiiity for the PHSA Kodiak Community Mental Health programs does not breach any commitments or responsibilities of KIB under prior agreements, including but not liwitcd to financing and employment agreements, and that KIR shall defend and hold PHSA harmless for any claims, lia ?ilities and expenses Arising from or in any way related to any prior agreements of KIB. A.8. Time terms of this Amendment shall continue to the extent PHSA operates Community Mental Health programs in Kodiak. At any time either KIB or PHSA may terroinate this Amendment by one year's written notice to dic other party. This Amendment shall terminate one year from the date of such notice without further action by either party and shall be of no further farce and effect other than to perform any obligation iiiwrcd but not paid prior to the termination. SIGNATURES: SISTERS OF PROVIDENCE IN WASHING rON dibie Providence Kodiak lsland Medical Cen;er By: Douglas A. Hairs Its: Chief Exeoutivo Providence Health System it Alaska Date: KODIAK ISLAND BOROUGH Mite: ATTEST: By: Jerome by Its: Borough Mayor Kodiak Island borough t1(76/(7 L i/v1 CL r , Tina Seelinger, Acting Borough Clerk Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.C.3 Resolution No. FY2007 -12 Requesting North Pacific Fishery Management Council's Consideration of Community Concerns in the Pending Gulf of Alaska Rationalization Program. The Borough Assembly and the City Council met in a joint work session on Tuesday, October 17, 2006 to discuss the Report from the Joint Gulf of Alaska Rationalization Task Force and other fishery issues. At that meeting direction was given to draft another resolution to be given to the North Pacific Fishery Management Council (NPFMC) for their December, 2006 meetings. Note: The City of Kodiak is currently drafting a resolution that will hopefully be available for the Assembly to review and discuss at the (' 4 - , _ ' , ork session. We have included past resolutions approved by the Assembl concerning this same issue. The NPFMC meets the week of December 4, 2006. Recommended motion: Move to adopt Resolution No. FY2007 -12. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -12 Introduced by: Borough Manager Requested by: KIB Assembly Drafted by: City Manager Introduced: 11/02/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY PROVIDING FUTHER COMMENTS TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL ON GULF OF ALASKA RATIONALIZATION WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are substantially engaged in and substantially dependent upon Gulf of Alaska groundfish fisheries; and WHEREAS, Kodiak's economic and social health is intimately dependent upon the community's sustained participation in all aspects of the Gulf groundfish fisheries; and WHEREAS, the Kodiak Island Borough has made substantial investments in support of and in reliance upon the Gulf groundfish fishery, such as water system improvement and expansion and port and harbor improvements and expansion; and WHEREAS, the North Pacific Fishery Management Council has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS, allocating exclusive harvesting and /or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but which can also result in skippers, crew members and processing workers bearing costs of consolidation without fully sharing in the related benefits; and WHEREAS, while fishery rationalization may create opportunities and incentives to produce more and higher value products, it also changes the distribution of fishery revenues among participants with resulting disruptive effects on the communities in which they live; and WHEREAS, by awarding harvesting and /or processing privileges, fishery allocations make possible orderly harvesting and processing, but it also facilitates the migration of landings to communities with infrastructure advantages (such as road system access) and creates barriers to entry for later generations of fishery participants; and WHEREAS, as a result, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to any program implementation; WHEREAS, it is the Kodiak Island Borough's intent that a full, and frank exchange of information and opinions concerning Gulf groundfish rationalization take place among the constituencies of the Borough that would be most directly affected by such program, if adopted; and to the extent possible, to encourage the development of consensus among these constituencies concerning the preferred elements and options of such program; and WHEREAS, the City of Kodiak and the Kodiak Island Borough joined together to appoint a Gulf of Alaska Groundfish Rationalization Task Force to provide a forum for the full, and frank exchange of information and opinions concerning Gulf groundfish rationalization and an Kodiak Island Borough, Alaska Resolution No. FY2007 -12 Page 1 of 3 opportunity for the development of consensus on preferred elements and options of a Gulf groundfish rationalization program, should it move forward; and WHEREAS, while the Task Force is continuing to work, they have recently provided the Borough Assembly with a number of recommendations that the Borough Assembly is actively endorsing; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fishery Management Council (NPFMC) suspend action on Gulf of Alaska groundfish rationalization until, at least, such time as the NPFMC has conducted its 18 month review of the Bering Sea crab rationalization program and the public has had an opportunity to evaluate and comment on the impacts of crab rationalization and to evaluate the NPFMC's adjustments (if any) to the crab rationalization program; IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH requests that the NPFMC take the following Gulf groundfish management actions as soon as possible, notwithstanding the NPFMC's suspensi n o further action on Gulf groundfish rationalization: 1. Initiate al/allocation of Gulf Pacific cod among gear group f Q 2. Initiate a ph Su paper identifying 9 the er Tf on ink) in the Gulf df Alask: ll.s Q � _ Cali Q/r` INS L1 b 3. Initiate a dis ion a identif in and removin I ent licenses from the Gulf groundfish sectors that are subject to the License Limitation Program. BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH requests that the NPFMC is hereby requested to take the following actions in connection with its development of a Gulf of Alaska groundfish rationalization program: 1. Complete the Council's review of the Bering Sea crab rationalization program to enable the public to evaluate and comment on the impacts of crab rationalization and to enable the Council to make appropriate adjustments to the Gulf rationalization program in response. 2. Thoroughly analyze each alternative being considered by the Council before eliminating any of the alternatives, to provide the public with the opportunity to compare the effects of the various alternatives on harvesters (including skippers and crew members), processors (including workers), fishing support services, and Gulf fishing communities. 3. Include limits on harvesting consolidation through vessel use caps that apply without exemption, and that are calculated to sustain skipper and crew employment opportunities and compensation. 4. Develop and bring forward for consideration an additional alternative which includes no processor shares, linkages or privileges of any kind. For alternatives already being considered, include measures to maintain a diverse, competitive processing market, by providing a substantial pool of groundfish privileges for each sector that can be harvested without penalty and are not subject to processor linkage or processor closed class delivery requirements. This should include phasing out of the off shore processing sector. 5. If processing privileges are included, limit consolidation of such privileges through processor and facility use caps. Kodiak Island Borough, Alaska Resolution No. FY2007 -12 Page 2 of 3 6. Designate Federal harvesting privileges by region to reflect landing patterns similar to those occurring prior to program adoption, and require that fish harvested under such privileges be landed in their designated region. 7. Include a reasonable groundfish allocation which may be harvested and processed without holding any Federal or State dedicated access privilege, subject to restrictions that the State of Alaska may deem necessary to maintain the entry level character of such allocation. 8. Include a community fisheries quota program that provides an opportunity for small Gulf coastal communities to enhance their residents' participation in the Gulf groundfish fishery, under the conditions that the allocation to such program does not disrupt other Gulf of Alaska fishery dependent communities by displacing their fishermen, is required to be harvested by residents of the eligible communities, and requires that harvests made under such program be delivered on shore within the region of their allocation. 9. Include a community purchase program that provides Gulf coastal communities with the opportunity to maintain participation by their residents in the Gulf groundfish fishery by acquiring harvesting privileges for use by their residents, under the conditions that the Kodiak Island communities are eligible communities, and such program includes reasonable limits on the amount of harvesting privileges that any single eligible community may hold. 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 Resolution No. FY2007 -12 Page 3 of 3 CITY OF KODIAK RESOLUTION NUMBER 06- A RESOLUTION OF THE CITY OF KODIAK PROVIDING FUTHER COMMENTS TO THE NORTH PACIFICF FISHERY MANAGEMENT COUNCIL ON GULF OF ALASKA RATIONALIZATION WHEREAS the harvesting and processing sectors of the Kodiak fishing community are substantially engaged in and substantially dependent upon Gulf of Alaska groundfish fisheries; and WHEREAS Kodiak's economic and social health is intimately dependent upon the community's sustained participation in all aspects of the Gulf groundfish fisheries; and WHEREAS the City of Kodiak has made substantial investments in support of and in reliance upon the Gulf groundfish fishery, such as water system improvement and expansion and port and harbor improvements and expansion; and WHEREAS the North Pacific Fishery Management Council has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS allocating exclusive harvesting and/or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but which can also result in skippers, crew members and processing workers bearing costs of consolidation without fully sharing in the related benefits; and WHEREAS while fishery rationalization may create opportunities and incentives to produce more and higher value products, it also changes the distribution of fishery revenues among participants with resulting disruptive effects on the communities in which they live; and WHEREAS by awarding harvesting and/or processing privileges, fishery allocations make possible orderly harvesting and processing, but it also facilitates the migration of landings to communities with infrastructure advantages (such as road system access) and creates barriers to entry for later generations of fishery participants; and WHEREAS, as a result, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed, and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to any program implementation; 13,6:3 WHEREAS, it is the City of Kodiak's intent that a full, and frank exchange of information and opinions concerning Gulf groundfish rationalization take place among the constituencies of the City that would be most directly affected by such program, if adopted; and to the extent possible, to encourage the development of consensus among these constituencies concerning the preferred elements and options of such program; and WHEREAS, the City of Kodiak and the Kodiak Island Borough joined together to appoint a Gulf of Alaska Groundfish Rationalization Task Force to provide a forum for the full, and frank exchange of information and opinions concerning Gulf groundfish rationalization and an opportunity for the development of consensus on preferred elements and options of a Gulf groundfish rationalization program, should it move forward; and WHEREAS, while the Task Force is continuing to work, they have recently provided the City Council with a number of recommendations that the City Council is actively endorsing. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF KODIAK THAT the City of Kodiak hereby requests that the North Pacific Fishery Management Council (NPFMC) suspend action on Gulf of Alaska groundfish rationalization (pursuant to City of Kodiak Resolution 05 -45a) until, at least, such time as the NPFMC has conducted its 18 month review of the Bering Sea crab rationalization program and the public has had an opportunity to evaluate and comment on the impacts of crab rationalization and to evaluate the NPFMC's adjustments (if any) to the crab rationalization program; BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE CITY OF KODIAK requests that the NPFMC take the following Gulf groundfish management actions as soon as possible, notwithstanding the NPFMC's suspension of any further action on Gulf groundfish rationalization: 1. initiate an allocation of Gulf Pacific cod among gear groups; 2. initiate a phase -out of the offshore sector in the Gulf of Alaska; and 3. initiate a discussion paper on identifying and removing latent licenses from the Gulf groundfish sectors that are subject to the License Limitation Program. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -27 Introduced by: Manager Gifford Requested by: Assembly Introduced: 01/19/2006 Amended: 01/19/2008 Adopted: 01/19/2006 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPOINTING A GULF OF ALASKA GROUNDFISH RATIONALIZATION TASK FORCE WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are engaged in and substantially dependent upon the Gulf of Alaska (Gulf) groundfish fisheries; and WHEREAS, Kodiak's economic and social health is intimately dependent upon the communitys sustained participation in all aspects of Gulf groundfish fisheries; and WHEREAS, the City of Kodiak has made substantial infrastructure investments in support of and in relianceupon the Gulf groundfish fishery, such as water system expansion and improvement and port and harbor expansion and improvement; and WHEREAS, the North Pacific Fishery Management Council has developed a suite of fishery allocation altematives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred altemative for implementation; and WHEREAS, allocating exclusive harvesting and /or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but can also result in skippers, crew members and processing workers bearing the costs of consolidation without fully sharing in the related benefits; and WHEREAS, while rationalization can create opportunities and incentives to produce more and higher value products, it can also change the distribution of fishery revenues among participants by altering the balance of market power between fishermen and processors, with potentially disruptive effects on the communities in which they live; and WHEREAS, by awarding harvesting and /or processing privileges, fishery allocations make possible orderly harvesting and processing, but can also facilitate the migration of landings to communities with infrastructure advantages (such as road system access) and create barriers to entry for later generations of fishery participants; and WHEREAS, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed, and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to implementation; and WHEREAS, it is in the interest of the Kodiak Island Borough and the City of Kodiak to facilitate a full, and frank exchange of information and opinions conceming Gulf groundfish rationalization among the constituencies of the community that will be most directly affected by such program, if adopted, and to facilitate, to the extent possible, development of consensus among those constituencies concerning the preferred elements and options of such program. Kodiak Island Borough Alaska Resolution No. FY2006 -27 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, ASSMEBLY OF THE KODIAK ISLAND BOROUGH that the following individuals are appointed to a City of Kodiak/Kodiak island Borough Gulf groundfish rationalization task force, and these individuals are hereby respectfully requested to accept such appointment: Peter Allan Duncan Fields Matt Moir Dana Reid Joe Sullivan A member of the (Contingent on the NOW, THEREFORE, BE IT FURTHER RESOLVED that: Section 1: Section 2: Section 4: Kodiak Island Borough Alaska Julie Bonney Julie /Ron Kavanaugh Theresa Peterson Gabriel Saravia Jay Stinson Fish and Game Advisory Committee City of Kodiak Council also appointing this position) Steve Branson/Terry Haines Linda Kozak Cecil Ranney Jeff Stephan John Whiddon Norm Wooten (facilitator) Such appointees serve on the task force at the pleasure of the Kodiak Island Borough Assembly /City Council, and that any member may be removed at any time, or the entire task force may be disbanded at any time, as the Borough Assembly /City Council deem appropriate in their sole discretion; and That appointment to the Ad Hoc Kodiak Gulf of Alaska groundfish rationalization task force provides no specific rights or authorities other than to make recommendations to the Borough Assembly /City Council concerning Gulf of Alaska groundfish rationalization from time to time, which the Borough Assembly /City Council may accept or reject in their sole discretion; and Section 3: That appointment to the task force is conditioned on the appointees acknowledging and agreeing that service on such Gulf groundfish rationalization task force is voluntary and without any compensation. The charge to the Task Force is to bring forward a consensus recommendation for a gulf rationalization solution that works best for the Kodiak community, fishermen and processors and their employees. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF JANUARY 2006 A ST: J Ith A Nielsen, CMG IS rough Clerk KODIAK ISLAND BOROUGH me M. Selby, Borough Mayo Resolution No. FY2006 -27 Page 2 of 2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -19 Introduced by: Mayor Selby Requested by: Assembly Introduced: 12/01/05 Amended: 1 2/0 1 /2005 Adopted: 12/01/2005 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY REQUESTING NORTH PACIFIC FISHERY MANAGEMENT COUNCIL'S CONSIDERATION OF COMMUNITY CONCERNS IN THE PENDING GULF OF ALASKA RATIONALIZATION PROGRAM WHEREAS, the harvesting and processing sectors of the Kodiak Island fishing community are . substantially involved in and substantially dependent upon the Gulf of Alaska groundfish fisheries; and WHEREAS, Kodiak Island's economic and social health is inherently dependent on the community's sustained participation in all aspects of the Gulf groundfish fisheries; and WHEREAS, the Kodiak Island Borough is dependent on groundfish through investments in shore based processing facilities, support infrastructure, and catcher vessels as well as the economic base of the value of fish; and .WHEREAS, the North Pacific Fishery Management Council has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS, allocating exclusive harvesting and /or processing privileges promotes consolidation in the fishing fleet and the processing sector, which may improve efficiency, but also results in skippers, crew members and processing workers bearing the costs of consolidation without fully sharing in the related benefits; and WHEREAS, fishery rationalization may create opportunities and incentives to produce more and higher value products, it also changes the distribution of fishery revenues among participants by altering the balance of market power between fishermen and processors, with potentially disruptive effects on the communities in which they live; and WHEREAS, by awarding harvesting and /or processing privileges, fishery allocations make possible orderly harvesting and processing, but also facilitate migration of landings to communities with infrastructure advantages (such as road system access) and create barriers to entry for later generations of fishery participants; and WHEREAS, it is essential that the potential adverse affects of Gulf groundfish rationalization be Identified and analyzed, and that program adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak Island and its residents prior to implementation; and WHEREAS, Kodiak is the largest fishing port in the Gulf of Alaska and has been one of the top four fishing ports in the nation every year for more than 25 years; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fishery Management Council (the "Council ") is hereby requested to take the following actions in connection with its development of a Gulf of Alaska groundfish rationalization program: Kodiak Island Borough Alaska Resolution No. FY2006 -19 Page 1 of 2 1. Complete the Council's review of the Bering Sea crab rationalization program to enable the public to evaluate and comment on the impacts of crab rationalization and to enable the Council to make appropriate adjustments to the Gulf rationalization program in response. 2. Thoroughly analyze each alternative being considered by the Council before eliminating any of the alternatives, to provide the public with the opportunity to compare the effects of the various alternatives on harvesters (including skippers and crew members), processors (including workers), fishing support services, and Gulf fishing communities. 3. Include limits on harvesting consolidation through vessel use caps that apply without exemption, and that are calculated to sustain skipper and crew employment opportunities and compensation. 4. Develop and bring forward for consideration an additional alternative which includes no processor shares, linkages or privileges of any kind. For altematives already being considered, include measures to maintain a diverse, competitive processing market, by providing a substantial pool of groundfish privileges for each sector that can be harvested without penalty and are not subject to processor linkage or processor closed class delivery requirements. This should include phasing out of the off shore processing sector. 5. If processing privileges are included, limit consolidation of such privileges through processor and facility use caps. 6. Designate Federal harvesting privileges by region to reflect landing patterns similar to those occurring prior to program adoption, and require that fish harvested under such privileges be landed in their designated region. 7. Include a reasonable groundfish allocation which may be harvested and processed without holding any Federal or State dedicated access privilege, subject to restrictions that the State of Alaska may deem necessary to maintain the entry level character of such allocation. 8. Include a community fisheries quota program that provides an opportunity for small Gulf coastal communities to enhance their residents' participation in the Gulf groundfish fishery, under the conditions that the allocation to such program does not disrupt other Gulf of Alaska fishery dependent communities by displacing their fishermen, is required to be harvested by residents of the eligible communities, and requires that harvests made under such program be delivered on shore within the region of their allocation. 9. Include a community purchase program that provides Gulf coastal communities with the opportunity to maintain participation by their residents in the Gulf groundfish fishery by acquiring harvesting privileges for use by their residents, under the conditions that the Kodiak island communities are eligible communities, and such program includes reasonable limits on the amount of harvesting privileges that any single eligible community may hold. Kodiak Island Borough Alaska ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIRST DAY OF DECEMBER 2005 DIAK ISLAND,BORO ATT T: J T ome M. Selby, Boroug ,idt: 6 Ju A. Nielsen, CMC, Bo gh Clerk Resolution No. FY2006 -19 Page 2 of 2 Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -09 Introduced by: MB Assembly Requested by: 1(18 Assembly Drafted by: Mayor Selby Introduced: 12/02/2004 Amended: 12/02/2004 Adopted: 12/02/2004 A RESOLUTION OF THE KODIAK ISLAND ASSEMBLY ENDORSING CERTAIN ELEMENTS FOR A SUCCESSFUL GULF OF ALASKA GROUNDFISH RATIONALIZATION PLAN WHEREAS, the fishing industry of the Gulf of Alaska groundfish fisheries has requested that the North Pacific Fisheries Management Council develop a rationalization plan for the Gulf of Alaska; and WHEREAS, rationalization could allow fishers to meet conservation concerns, improve safety at sea, and allow the industry to become more economically efficient and more competitive in world fishery markets by extracting the most amount of value for every fish caught; and WHEREAS, Kodiak Island is at the center of the Gulf of Alaska groundfish fisheries, with the largest share of groundfish landings, with a diverse fishing community that includes vessel owners, skippers, crew members, processor workers and processors; and WHEREAS, the Kodiak Island Borough is dependent on groundfish through investments in shore based processing facilities, support infrastructure, and catcher vessels as well as the economic base of the value of the fish; and WHEREAS, the seafood industry is the largest sector of the Kodiak economy, accounting for over 2,800 12 -month jobs, and contributing nearly 70 percent of Kodiak's basic economy; and WHEREAS, Kodiak Island is the largest employer of processing workers in the State of Alaska who are residents of the community and who make up a large portion of the social and cultural fabric of Kodiak; and WHEREAS, any reduction in the volume of product coming to the Island processors will have a dramatic long term effect on the local economy as a whole and processor workers in particular; and WHEREAS, long term stability and sustainability of Kodiak Island Coastal Communities could potentially be impacted by Gulf Rationalization; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fisheries Management Council should adopt a rationalization plan that provides long term stability and sustainability to the Kodiak Island communities by: Resolution No. FY 2005 -09 Page 1 of 2 Section 1: Protecting Kodiak Island's port landings and on shore processing through Regionalization of historical catch landings. This should include phasing out of the off shore processing sector. Section 2: Maintaining an independent harvester fleet while allowing for meaningful reduction of excess capacity and instituting reasonable quota share ownership caps to control excessive consolidation. Access rights should be structured to encourage that ownership of the rights remain within the community. Section 3: Developing a Community Fishery Quota (CFQ) and Community Purchase Program (CPP) for stability and sustainabifity of Kodiak Island communities. Any quotas allocated to coastal fishing communities must be fished by regional residents and processed by shore based processors in the region. Section 4: Establishing an entry level fishery opportunities. AND NOW, BE IT FURTHER RESOLVED BY THAT the Governor of Alaska is requested to transmit the Kodiak Island Borough's request for the above items to be included in the North Pacific Fisheries Management Council's Gulf of Alaska Groundfish Rationalization Plan. ATTEST: ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS SECOND DAY OF DECEMBER, 2004 ith A. Nielsen, CMC, Bor .: •• -,• 0 is s an oroug as a gh KODIAK ISLAND BOROUGH Je me Selby, Mayor eso ution 'o. Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Urging Support for the Proposed 2007 -2012 Outer Continental Shelf (OSC) Oil and Gas Leasing Program Provided Certain Environmental and Economic Safeguards Are Ensured. This resolution updates and replaces prior Assembly Resolution(s) 1993 — 43, and 2002 — 06. Both prior resolutions expressed support for the Oil and Gas Leasing Program in the Lower Cook Inlet. The expressed support was predicated upon five principles of concern as contained in the Tri- Borough Position Paper; last endorsed by Resolution 2002 -06 on February 7, 2002. The five principle issues of concern are: 1. No Off -Shore Loading of Tankers; 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts; 3. Adequate Spill Prevention and Response Capability; 4. Identification of Critical Habitat Areas; and 5. Provisions for Local Government Revenue Sharing. The Administration recommends continued Assembly support for the inclusion of the Cook Inlet in the next 5 -year program. The significant resource potential of the OCS with a median recoverable resource estimate of 760 million barrels of oil and 1.4 trillion cubic feet of natural gas resources, if oil averages $50 per barrel, is one reason for this recommendation. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2007 -13. 6.e.(1 Item No_13:B'4 Resolution No. FY2007 -13 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -13 Introduced by: Manager Gifford Requested by: Tri- Boroughs Drafted by: Community Development Dept. Introduced: 11/02/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING SUPPORT FOR THE PROPOSED 2007 -2012 OUTER CONTINENTAL SHELF (OSC) OIL AND GAS LEASING PROGRAM PROVIDED CERTAIN ENVIRONMENTAL AND ECONOMIC SAFEGUARDS ARE ENSURED WHEREAS, the United States Department of the Interior, Minerals Management Service (MMS) has requested comments of the new 5 -year Outer Continental Shelf (OCS) oil and gas leasing program for 2007 -2012; and WHEREAS, the MMS has created 26 OCS planning areas, one of which is named the Cook Inlet Planning Area located 3 miles offshore of the Kodiak Island Borough coast; and WHEREAS, the Cook Inlet Planning Area is currently proposed for two (2) Special Interest Sales in 2009, and 2011; and WHEREAS, MMS estimates the Cook Inlet Planning Area may contain oil and gas reserves of 200 million barrels and 200 billion cubic feet of gas, respectively; and WHEREAS, comments on the Proposed 5 -Year Plan must be submitted to MMS by November 24, 2006; and WHEREAS, the Kodiak Island Borough has previously supported oil and natural gas leasing programs within the Cook Inlet OCS waters under the principles of the Tri- Borough Position Paper as stated in Assembly Resolution 2002 -06 ; and WHEREAS, commercial fishing and subsistence has supported the people of the Kodiak Island Borough and Alaska Peninsula for centuries; and WHEREAS, commercial fishing and subsistence must continue to support the people of the Kodiak Island Borough and Alaska Peninsula after the oil and gas is depleted; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough hereby confirms its support the Mineral Management Service's (MMS's) Proposed 5 -Year Plan for the 2007 -2012 OCS Oil and Gas Leasing Program and the Proposed Program Option for the Cook Inlet Planning Area, provided maximum protection and priority be given to fishery resources, provided exploration and development be conducted in an environmentally safe manner, and provided that lease stipulations are included requiring oil and gas companies to provide employment and business opportunities to the residents of the Kodiak Island Borough Kodiak Island Borough, Alaska Resolution No. FY2007 -13 Page 1 of 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough Assembly urges the United States Department of the Interior specifically address five (5) prominent issues of local concern. These issues are: 1 No Off -Shore Loading of Tankers; and 2 Specific plans to Minimize and Avoid Commercial Fishing Gear Conflicts; and 3 Adequate Spill Prevention and Response Capability; and 4 Identification of Critical Habitat Areas; and 5 Provisions for Local Government Revenue Sharing; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough: A, requests federal funding be made available to the Kodiak Island Borough and interested local residents for travel and consultant related expenses in order to allow effective participation in the Environmental Impact Statement process and Lease Sale Process; and B. requests adequate lease stipulations be added to mitigate any potential adverse social and environmental affects; and C. reserves the right to withdraw support for oil and gas leasing in the Cook Inlet during the 5 -Year Plan period of 2007 -2012, if the requirements of this resolution are not met; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough will provide a copy of this resolution as its formal comments to MMS, and to the Governor of Alaska, on the Proposed 5 -Year Plan 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 Resolution No. FY2007 -13 Page 2of2 Meeting of: February ITEM TITLE: Res( "TRI- BOROUGH PO5 AND GAS LEASING l SUMMARY STATEMENT: 4 in /4 /11S �Dbi °./6 ITEM NO. ;SING SUPPORT FOR THE -2007 OCS FEDERAL OIL This resolution updates and replaces prior Assembly Resolution No. 93 -43, which addressed Outer Continental Shelf (OCS) Oil and Gas Lease Sale No. 149, which was located in Lower Cook Inlet. The United States Department of Interior Mineral Management Service (MMS) is now preparing two new off -shore oil and gas lease sales in Lower Cook Inlet, identified in the draft Mineral Management Service 5 -year 2002 -2007 leasing plan as Sale No. 191 and Sale No. 199. A review of KIB Resolution 93 -43 by the Kenai Peninsula Borough (KPB) and the Lake and Peninsula Borough (L &PB) Assemblies resulted in the adoption of updated resolutions re- affirming their agreement with the "Tri- Borough Position Paper ". These resolutions had the effect of updating the official KPB and L &PB policy positions to reflect the current sale designations in the draft 2002 -2007 OCS leasing plan. While KIB Assembly Resolution 93 -43 substantially addresses the relevant issues relating to this new round of leasing proposals, the adoption of a new resolution to update this position will indicate continued solidarity with KPB and L &PB. Given that this is not a change from the Assembly's existing position in Resolution No. 93 -43, staff considers this resolution to be a housekeeping measure. Staff has had several teleconferences with the staff and elected officials from the KPB and L &PB about this issue and has also been in contact with state and federal officials. If the Assembly has any questions about this oil and gas leasing issues, staff is available to brief the Assembly at their convenience. Staff recommends that the Assembly approve this resolution. FISCAL NOTES [X] N/A Expenditure Required $0.00 Account General Fund N/A APPROVAL FOR AGENDA: Manager: KODIAK ISLAND BOROUGH RESOLUTION NO. 2002 -06 Introduced by: Manager Carlson Requested by: Tri- Boroughs Drafted by: Community Development Deparment Introduced: 02/07/2002 Adopted: 02/07/2002 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH EXPRESSING SUPPORT FOR THE "TRI- BOROUGH POSITION PAPER" REGARDING THE 2002 -2007 OUTER CONTINENTAL SHELF FEDERAL OIL AND GAS LEASING PROGRAM FOR LOWER COOK INLET WHEREAS, the United States Department of the Interior has advertised its intent to offer the Outer Continental Shelf Oil and Gas Leasing Program for 2002 through 2007 including proposed lease sale 191 in 2004 and proposed lease sale 199 in 2006; and WHEREAS, this proposed sale will encompass the southern portion of Cook Inlet; and WHEREAS, leasing in areas proposed in this program could have social, economic, and environmental impacts in the Kenai Peninsula Borough, the Kodiak Island Borough, and the Lake and Peninsula Borough; and WHEREAS, representatives of these three boroughs have met and agreed to work together in reviewing and presenting comments on this proposed leasing program; and WHEREAS, it is the intent of the three boroughs to be involved early in the leasing process; and WHEREAS, the Tri- Borough Position Paper was developed so that our concerns could be considered while the Environmental Impact Study for this leasing program is still being formulated; and WHEREAS, the draft position paper was reviewed by representatives of the three boroughs on several occasions and reviewed by the Kodiak Island Borough Assembly at its regular meeting of February 7, 2002; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Island Borough Assembly hereby approves and adopts the Tri- Borough Position Paper on the 2002 -2007 Outer Continental Shelf Oil and Gas Leasing Program, a copy of which is attached and incorporated herein, and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Assembly urges the United States Department of the Interior to specifically address the five prominent issues identified in the Tri- Borough Position Paper as part of the scoping, environmental, and leasing process. These issues are: Kodiak Island Borough, Alaska Resolution No. 2002 -06 Page 1 of 2 1. No Off -Shore Loading of Tankers; 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts; 3. Adequate Spill Prevention and Response Capability; 4. Identification of Critical Habitat Areas; and 5. Provisions for Local Government Revenue Sharing. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF FEBRUARY, 2002. Judith A. Nielsen, itc, Borough Clerk KODIAK BOROUGH Ga•rielle LeDoux, Borough Mayor Kodiak island Borough, Alaska Resolution No. 2002 -06 Page 2 of 2 DRAFT DRAFT DRAFT TRI- BOROUGH POSITION PAPER FEDERAL OUTER CONTINENTAL SHELF OIL & GAS LEASING PROGRAM 2002 -2007 The United States Department of Interior is preparing for offshore oil and gas leasing program, which includes waters of the Lower Cook Inlet (but excluding Shelikoff Strait) planning area of offshore Alaska. The proposed lease sale area is included in or contiguous with the boundaries of Kenai Peninsula Borough, Kodiak Island Borough, and Lake and Peninsula Borough. The three boroughs have met together to discuss the proposed leasing program and have jointly agreed to the following position with regard to the Federal Outer Continental Shelf (OCS) Oil and Gas Leasing Program, 2002 -2007. The Tri- Borough position is that five critical issues must be included in the leasing program's environmental impact statement, and specifically addressed in the terms and conditions in any future Notice of Sale in federal waters adjacent to Tri- Borough boundaries. If the five issues are not addressed in the leasing program environmental impact statement review process, the Tri- Boroughs have grave reservations about supporting future lease sales. These five items are in addition to any other issues that might surface in the federal government's environmental impact statement process. The Tri- Boroughs reserve the right to identify any additional concerns, which may need to be addressed as an outcome of the environmental impact statement process. Following is a summary of the Tri- Boroughs' position on each of the five issues. 1. No Off -shore Loading of Tankers The lower Cook Inlet and particularly the Shelikoff Strait area comprise some of the most dangerous navigable waters in the entire world. The seas in this area are highly unpredictable and subject to extreme weather changes, unusual currents, rogue tides and waves. This feature of contiguous Shelikoff Strait waters makes off -shore loading of tankers particularly dangerous, posing an extremely high risk of an oil spill while attempting to load a tanker in these waters. The position of the Tri- Boroughs is that any recoverable oil must be pumped to an onshore facility where adequate protected dockage can be provided to allow the safe loading of tankers and to minimize the possibility of a spill during the loading process from the oil generated by this sale. 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts with the Exploration and Development of Oil The avoidance of conflicts with the commercial fishing fleet and their gear is absolutely mandatory in these waters. The Lower Cook Inlet and contiguous Shelikoff Strait support an extremely rich fishery resource, which generates a great deal of fishing activity on a year -round basis. These year -round fisheries are the primary economic base of the entire region and therefore must be protected to the greatest extent possible, including an absolute minimum of disruption. The Tri- Boroughs require that any oil exploration or development proposed in the region have up front plans to eliminate DRAFT 4. Identification of Critical Habitat Areas DRAFT DRAFT conflicts with the fishing industry in order to minimize any negative impact on the fishing industry. This includes critical time periods when no drilling activity would be allowed to occur due to spawning activity and crab molting in the areas in and around the drilling platforms. This information must be clearly identified and published on a regular basis so that the fishing industry will be fully aware of the location of this equipment and can, therefore, avoid any possible conflicts. It is in the best interest of the oil industry as well as the fishing industry to avoid negative impacts from drill rigs and/or development platforms on fishing gear and resources. 3. The Oil Exploration Company must have Adequate Spill Prevention and Response Capability Based on the experience of the Exxon - Valdez oil spill, the Tri- Boroughs are determined that adequate spill prevention and response capabilities be specifically identified in exploration and development proposals for any sales which may occur under the Federal OCS leasing program. Input from the Cook Inlet Regional Citizens Advisory Council could be used to help determine the adequacy of spill prevention and response capability. At a minimum, a vessel with adequate amounts of boom and response capability should be on site during the exploratory and pre - development phases. Upon completion of exploratory drilling, and during the production of any successful well, prevention and response capability should include readily available response equipment and labor, which can be deployed on site in a matter of minutes. As a precursor to spill prevention and response that may be needed in the future, the Tri- Boroughs require that critical habitat areas be identified during the environmental impact statement phase of the lease sale process at a minimum before any actual exploration occurs in the OCS lease sale area. This habitat identification process must involve the land owners and users, the managers of fish, game and wildlife resources, such as the Alaska Department of Fish and Game, and the Federal Fish & Wildlife Service, as well as representatives of the fishing industry and local governments. Identification of critical habitat should include a prioritization for habitat protection, given the location of a particular spill, as well as identification of critical habitat that cannot practically be protected in the event of a spill. Further, the identification of critical habitat areas must be a public process that allows residents of the region to have input into and an opportunity to review and critique the proposed critical habitat protection priority prior to final adoption. Once identified, critical habitat and known coastal resources must become part of the municipalities GIS systems for easy map retrieval and updating. 5. Provision for Local Government Revenue Sharing The Tri- Boroughs have extensively discussed and agree that a mandatory requirement for moving ahead with the OCS leasing program is the continued provision for revenue sharing back to the borough from OCS impact assistance revenues collected by the federal government. These funds are necessary because the three boroughs will have DRAFT DRAFT DRAFT impacts from an influx of population demanding additional municipal services such as police, fire, road service, parks and recreation, education, solid waste disposal, etc. The history of municipal service provision shows that revenues always lag behind the demand for services. The only reasonable way to approach this problem without placing an undue burden on the existing tax base is to provide for revenue sharing within two hundred miles of any exploration site. Although the three boroughs recognize that there is a potential for federal revenues to be shared with the State of Alaska, it is clear that revenue sharing to the state does not necessarily assure that these funds are shared with local governments. Therefore, it is mandatory that legislation be introduced and passed in Congress that allows for revenue sharing with the three boroughs in order to provide the financial resources needed to deal with the impact of sales under the OCS leasing program. Conclusion /Summary The position of the Tri- Boroughs is that all five of these items must be addressed in the EIS, and subsequent sales for the described waters in the proposed OCS leasing program. We look forward to the opportunity to discuss and further develop these concepts with organizations and individuals interested in the Federal OCS Oil and Gas Leasing Program. KODIAK ISLAND BOROUGH RESOLUTION NO. 93 -43 1. No Off -shore Loading of Tankers. Introduced by: Requested by: Drafted by: Introduced: Adopted: A RESOLUTION SUPPORTING THE "TRI- BOROUGH POSITION PAPER" CONCERNING FEDERAL OIL AND GAS LEASE SALE NO. 149 Mayor Selby Tri- Boroughs Kodiak Island Mayors League 12/16/93 12/16/93 WHEREAS, the United States Department of Interior is preparing for an off-shore oil and gas Lease Sale No. 149 in the Lower Cook Inlet and Shelikoff Strait in Alaska; and WHEREAS, this Lease Sale 149 is bordered by three boroughs in the State of Alaska; and WHEREAS, the Kodiak Island communities have experienced both a positive working relationship with Chevron Company when they drilled in the upper Shelikoff Strait as well as a very negative impact from the Exxon Valdez oil spill, which brought a number of critical issues and problems to the forefront of oil development in harsh environments; and WHEREAS, the combined experiences have led to a number of learning experiences which should be included in any future development of oil and gas within the Lower Cook Inlet and Shelikoff Strait areas of Alaska; NOW, THEREFORE, BE IT RESOkVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The "Tri- Borough Position Paper" concerning the Federal Oil and Gas Lease Sale No. 149 is endorsed by the Kodiak Island Borough. Section 2: The Mineral Management Service of the U.S. Department of Interior is officially requested to address the five issues identified in the "Tri - Borough Position Paper" position paper as part of any preparation that should take place with regard to Lease Sale No. 149. Kodiak Island Borough, Alaska Resolution No. 93 -43 Page 1 of 2 ATTEST: 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts with the Exploration and Development of OiI. 3. The OiI Exploration Company Must Have Adeauate Spill Prevention and Response Capability. 4. Identification of Critical Habitat Areas. 5. Provision for Local Government Revenue Sharing. Section 3: The Kodiak Island Borough reserves the right to identify any additional concerns that may need to be addressed as an outcome of the environmental impact statement process. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF DECEMBER, 1993 Donna F. Smith, Borough Ierk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Czn Jer a M. Selby, Borou Resolution No. 93-43 Page 2 of 2 TRI- BOROUGH POSITION PAPER FEDERAL OIL & GAS LEASE SALE NO. 149 The United States Department of Interior is preparing for off -shore oil and gas Lease Sale No. 149 in the Lower Cook Inlet and Shelikoff Strait planning area of offshore Alaska. The proposed lease sale area is included in or contiguous with the boundaries of Kenai Peninsula Borough, Kodiak Island Borough, and Lake and Peninsula Borough. The three boroughs have met together to discuss the proposed Lease Sale and have jointly agreed to the following position with regard to the Federal OCS Lease Sale No. 149. The Tri- Borough position is that five critical issues must be included in the lease sale's environmental impact statement, and specifically addressed in the terms and conditions in any proposed Notice of Sale. If the five issues are not addressed in the lease sale review process, the Tri- Boroughs have grave reservations about supporting the lease sale. These five items are in addition to any other issues that might surface in the federal government's environmental impact statement process. The Tri- Boroughs reserve the right to identify any additional concerns which may need to be addressed as an outcome of the environmental impact statement process. Following is a summary of the Tri- Boroughs' position on each of the five issues. 1. No Off -shore Loading of Tankers. The lower Cook Inlet and particularly the Shelikoff Strait area comprise some of the most dangerous navigable waters in the entire world. The seas in this area are highly unpredictable and subject to extreme weather changes, unusual currents, rogue tides and waves. This feature of Shelikoff Strait waters makes off -shore loading of tankers particularly dangerous, posing an extremely high risk of an oil spill while attempting to load a tanker in these waters. The position of the Tri- Boroughs is that any recoverable oil must be pumped to an onshore facility where adequate protected dockage can be provided to allow the safe loading of tankers and to minimize the possibility of a spill during the loading process from the oil generated by this sale. 2. Specific Plans to Minimize and Avoid Commercial Fishing Gear Conflicts with the Exploration and Development of Oil. The avoidance of conflicts with the commercial fishing fleet and their gear is absolutely mandatory in these waters. The Lower Cook Inlet and Shelikoff Strait support an extremely rich fishery resource which generates a great deal of fishing activity on a year -round basis. These year -round fisheries are the primary economic base of the entire region and therefore must be protected to the greatest extent possible, including an absolute minimum of disruption. The Tri- Boroughs require that any oil exploration or development proposed in the region have up front plans to eliminate conflicts with t.� the fishing industry in order to minimize any negative impact on the fishing industry. This includes critical time periods when no drilling activity would be allowed to occur due to spawning activity and crab molting in the areas in and around the drilling platforms. In addition, all support anchors and anchor lines must be buoyed and clearly charted indicating the location of all lines and cables with associated drill rigs and /or development platforms. This information must be clearly identified and published on a regular basis so that the fishing industry will be fully aware of the location of this equipment and can, therefore, avoid any possible conflicts. It is in the best interest of the oil industry as well as the fishing industry to avoid negative impacts from drill rigs and /or development platforms on fishing gear and resources. 3. The Oil Exploration Company Must Have Adequate Spill Prevention and Response Capability. Based on the experience of the Exxon - Valdez oil spill, the Tri- Boroughs are determined that adequate spill prevention and response capabilities be specifically identified in exploration and development proposals for Lease Sale No. 149. Input from the Cook Inlet Regional Citizens Advisory Council could be used to help determine the adequacy of spill prevention and response capability. At a minimum, a vessel with adequate amounts of boom and response capability should be on site during the exploratory and pre - development phases. Upon completion of exploratory drilling, and during the production of any successful well, prevention and response capability should include readily available response equipment and labor which can be deployed on site in a matter of minutes. 4. Identification of Critical Habitat Areas. As a precursor to spill prevention and response that may be needed in the future, the Tri- Boroughs require that critical habitat areas be identified during the environmental impact statement phase of the lease sale process at a minimum before any actual exploration occurs in the Lease Sale No. 149 area. This habitat identification process must involve the land owners and users, the managers of fish, game and wildlife resources, such as the Alaska Department of Fish and Game, and the Federal Fish & Wildlife Service, as well as representatives of the fishing industry and local governments. Identification of critical habitat should include a prioritization for habitat protection, given the location of a particular spill, as well as identification of critical habitat that can not practically be protected in the event of a spill. Further, the identification of critical habitat areas must be a public process that allows residents of the region to have input into and an opportunity to review and critique the proposed critical habitat protection priority prior to final adoption. Once identified, critical habitat and known coastal resources must become part of the municipalities GIS systems for easy map retrieval and updating. 5. Provision for Local Government Revenue Sharing The Tri- Boroughs have extensively discussed and agree that a mandatory requirement for moving ahead with Lease Sale No. 149 is the provision for revenue sharing back to the boroughs from OCS impact assistance revenues collected by the federal 2 O 3 government. These funds are necessary because the three boroughs will have impacts from an influx of population demanding additional municipal services such as police, fire, road service, parks and recreation, education, solid waste disposal, etc. The history of municipal service provision shows that revenues always lag behind the demand for services. The only reasonable way to approach this problem without placing an undue burden on the existing tax base is to provide for revenue sharing within two hundred miles of any exploration site. Although the three boroughs recognize that there is a potential for federal revenues to be shared with the State of Alaska, it is clear that revenue sharing to the state does not necessarily assure that these funds are shared with local governments. Therefore, it is mandatory that legislation be introduced and passed in Congress that allows for revenue sharing with the three boroughs in order to provide the financial resources needed to deal with the impact of Lease Sale No. 149. Conclusion /Summary The position of the Tri- Boroughs is that all five of these items must be addressed in the Notice of Sale for proposed Lease Sale No. 149. We look forward to the opportunity to discuss and further develop these concepts with organizations and individuals interested in Lease Sale No. 149. :I A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVISING THE OUTER CONTINENTAL SHELF (OCS) ADVISORY COUNCIL MEMBERSHIP AS ESTABLISHED BY PREVIOUS RESOLUTIONS. WHEREAS, the Kodiak Island Borough OCS Advisory Council was established by Resolution 76 -12 -R; and WHEREAS, the membership of the OCS Advisory Council has bean . revised through subsequent resolutions; and WHEREAS, the Kodiak Island Borough Assembly has determined that the current membership of the OCS Advisory Council is too large to function effectively. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly declares that the Kodiak Island Borough OCS Advisory Council membership is reduced to ten (10) members, appointed by the Borough Assembly, to gain the greatest expertise available. The Director of the Kodiak Island Borough Community Development Department shall serve as an ex- officio member of the Council. BE IT FURTHER RESOLVED that in order to create a properly functioning Council, one term scheduled to expire on December 31, 1986 will expire on December 31, 1988 and two terms scheduled to expire on December 31, 1987 will expire on December 31, 1988. This will provide for staggered terms . on the Council. PASSED AND APPROVED this 6 day of February . 1986. RESOLUTION 86 -08 -R KODIAK ISLAND BOROUGH RESOLUTION NO. 86 -08 -R KODLAK ISLAND BOROUGH By: By: Borough o iding Officer KODIAK ISLAND BOROUGH RESOLUTION NO. 81 -81 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE RECEIPT AND EXPENDITURE OF OUTER CONTINENTAL SHELF ADVISORY COUNCIL OFFICE FUNDS. WHEREAS, the Kodiak Island Borough has been appropriated funds by the State of Alaska in accordance with I9ACC 42.270 governing the Coastal Energy Impact Program (CEIP), and WHEREAS, the Kodiak Island Borough is willing to undertake the performance of various projects as authorized by the State, and WHEREAS, the Kodiak Island Borough has the authority under state law or local charter to provide the services for which the funds were appropriated, I and WHEREAS, the State of Alaska has the authority to enter into an agreement to provide Outer Continental Shelf Advisory Council Office funds. NOW, THEREFORE, BE IT RESOLVE thf, Kodiak Island Borough is hereby authorized to receive and expend funds under the Outer Continental Shelf Advisory Council Office program in a federal grant identified as NA- 81- AA- D -CZ164 in the amount of $50,000.00. BE IT FURTHER RESOLVED by the Kodiak Island Borough Assembly that the Borough Manager, Phil C. Shealy, is hereby authorized to prepare and execute appropriate agreements for the OCS Advisory Council Office funds. ii PASSED AND APPROVED this 15th day of October, 1981 by the Kodiak 1 .1 Island Borough Assembly. KODIAK ISLAND BOROUGH 1; By k 4 > Borough Ma or ATTEST: D o By Borough e 1 lease sale area. And; KODIAK ISLAND BOROUGH RESOLUTION NO. 80 -16 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY RECOMMENDING Th- SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR CANCEL PROPOSED OUTER CONTINENTAL SHELF OIL AND GAS LEASE SALE NO. 46 LOCATED IN THE WESTERN GULF OF ALASKA BASED UPON FINDINGS THAT THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY THE INTERIOR DEPARTMENT IS SUBSTANTIVELY AND TECHNICALLY DEFICIENT. WHEREAS, the Kodiak Island Borough has had an opportunity to review the Draft Environmental Impact Statement for O.C.S. Lease Sale 446. And; WHEREAS, the Borough finds the Impact Statement fails to adequately assess the cumulative impacts of O.C.S. development on the physical and social environs of the Borough. And; WHEREAS, the Borough finds the D.E.I.S. is substantively and technic ally deficient in its analysis of impacts on the fishing grounds within and ;adjacent to the proposed lease sale area. And; WHEREAS. the Borough finds the D.E.I.S. has not adequately assessed ';the impacts of a major oil spill on the Marine Environment and major spawning areas nor does it adequately assess the effects of such a spill on juvenile f'n and shell fish species. And; WHEREAS, the D.E.I.S. does not adequately address potential impacts to endangered whale species who annually migrate through and feed in the prc 1 1 WHEREAS, it appears the D.E.I.S. does not comply with the National Environmental Policy Act of 1969 and the National Endangered Species Act of 1973. And; WHEREAS, the D.E.I.S. fails to adequately address the seismic sensi ivity of the proposed sale area and related proposed on shore support facility locations. And; WHEREAS, the D.E.I.S. does not offer a full range of alternatives mandated by the CEQ Guidelines (1978) developed as part of the NEPA process. And; WHEREAS, the D.E.I.S. does not adequately assess the long -term cumulative conflicts and impacts which will result from proposed O.C,S. Lease Sale 060 in the Lower Cook Inlet/ Shelikof Straits area immediately adjacent t the Kodiak Island Borough on its western shores. NOW THEREFORE BE IT RESOLVED by the Kodiak Island Borough Assembly that the Borough Assembly has no recourse but to recommend to the Secretary of the United States Department of the Interior that the Secretary cancel prop oil and gas lease sale no. 46 based on the deficiencies of the D.E.I.S. and .. lack of compliance with adopted Federal Regulations. And; j Island Borough Resolution No. 80 -16 -R j Page 2 BE IT FURTHER RESOLVED that the Secretary is requested to delay 'further efforts to hold a sale until after formal adoption of a National Energy . Policy by the Congress of the United States of America and a determination ▪ through the public hearing and administrative process that such a sale (Sale #46) is consistent with the policy and vital to the economic stability of the United. States. it l ATTEST: • BY: PASSED AND APPROVED this 25th REQUESTED BY: O.C.S. Advisory Council PREPARED BY: Planning Department day of February , 1980.E KODIAK ISLAND BOROUGH RECOMMENDATION: The O.C.S. Advisory Council, Planning and Zoning Commission, O.E.D.P. Committee, KANA Association and the City of Kodiak have all recommended this action. Ib II i r '1 9 9 KODIAK ISLAND BOROUGH RESOLUTION No. 79 -10 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY lAUTHORIZING AN OUTER CONTINENTAL SHELF IMPACT STUDY UPDATE FOR ;SHELIKOF STRAIT AND BOTTOMFISH DEVELOPMENT POTENTIAL WHEREAS, the Kodiak Island Borough Outer Continental . iShelf Advisory Council has continued to monitor the constantly ;changing circumstances surrounding the Outer Continental Shelf oil ; i development program and the recent emergence of bottomfish devel- °` .opment potential, and, WHEREAS, the U. S. Department of Interior, Bureau of uLand Management, has publicly stated an intent to offer submerged j!lands in the Shelikof Strait for Outer Continental Shelf oil ..development, and, WHEREAS, the Outer Continental Shelf Advisory Council ;'and its member representatives of the fishing industry have indi- cated the strong potential for bottomfish development in the Strait. :,and in other waters adjacent to the Kodiak Island Borough, that a - need exists to update the Outer Continental Shelf Impact Analysis to include the Shelikof Strait and for a thorough evaluation of ,ithe bottomfish industry development potential for Kodiak Island j� Borough, it NOW THEREFORE BE IT RESOLVED that the Kodiak Island t' Borough Assembly authorizes the Borough Administration in conjunc- tion with the Outer Continental Shelf Advisory Council to develop I an appropriate Coastal Energy Impact Program grant application or o ther program source to fund an update of the Outer Continental Shelf Impact Analysis and a bottomfish industrial development tential study. PASSED AND APPROVED THIS ' DAY OF , 1979.; KODIAK ISLAND BOROUGH • TTEST: Borough erk information would be irretrievable, if spills should occur. The magnitude of the impact would depend on the significance and uniqueness of the information lost. COOK INLET Key Comparative Results. The net benefits for this proposed program area are estimated at $1.38 billion. The area is ranked 5th in environmentaYensitivity and primary productivity. Six companies endorsed leasing in this planning area, double the number responding to the August 2005, RFI. Selected Comments. The DOE's Office of Fossil Energy supports MMS's development of the proposed 5 -year plan, particularly the proposals related to the OCS in Alaska. The Kenai City Council unanimously passed a resolution supporting the inclusion of the two Cook Inlet lease sales in the 2007 -2012 Program. Earthjustice, representing 16 groups, stated that Cook Inlet supports vital fishing and that industry lacks interest in purchasing leases in this area; thus, the MMS should not offer it for lease. The Sierra Club, representing 28 groups, stated that the Alaska OCS leasing proposals would endanger a wide range of resources of national significance. The AEDC urged the MMS to expand planning in Alaska to advance economic diversification and concludesd that impacts on whales and other sea animals can be fully mitigated. Numerous non - energy industry entities, from the agricultural sector to local Chambers of Commence, endorsed the DPP and asked for opening of more acreage. Six companies expressed interest in the area. Proposed Program Option Proposal as in the DPP: two special interest sales (in 2009 and 2011) in the program area depicted in Map 6. Other Options Considered (1) No sale. Discussion Proposed Program Option (2 Sales) Valuation. The net benefits of anticipated production for this proposed program area are estimated at $1.38 billion. Environmental Impacts. This area is analyzed in the draft EIS under Alternative 1. A summary of the EIS findings follows. Water Quality Normal operations in the Cook Inlet Planning Area could adversely impact water quality. However because of dilution, settling, and flushing, these impacts are expected to be localized and temporary. Similarly, spills to coastal waters could adversely impact water quality. The impacts of these spills will be localized and short term, unless chronic spills occur in a localized area. The extent and magnitude of the impact would depend on the size, location, and season of the spill. Recovery times could be decreased by oil -spill cleanup activities. 40 animals in the vicinity of the cleanup activity and, thus, would not be expected to result in population -level effects. Marine and Coastal Birds — Marine and coastal birds may be affected by the construction of onshore and offshore facilities, by boat and aircraft traffic servicing offshore platforms, and by noise and human activities during normal operations and maintenance activities. For most routine operations, the primary effect would be the disturbance of birds in the vicinity of the operation, causing them to temporarily leave the area. Depending on the time of year, construction activities near coastal habitats could disrupt nesting, foraging, and overwintering activities of some species, potentially impacting local populations. Compliance with ESA regulations and coordination with the National Marine Fisheries and U.S. Fish and Wildlife Services (FWS) would ensure that lease- specific operations would be conducted in a manner that avoids or greatly minimizes the potential for impacting these species. Accidental oil spills pose the greatest threat to marine and coastal birds, affecting both birds and their habitats. Exposed birds may experience a variety of lethal or sublethal effects, and the magnitude and ecological importance of any effects would depend upon the size and location of the spill, the species and life stage of the exposed birds, and the size of the local bird population. Spill cleanup activities may also disturb birds in the vicinity of the cleanup, causing them to leave the vicinity of the cleanup activity. Fish Resources and EFH— Fishes could be disturbed and displaced from the immediate vicinity of drilling discharges for short time periods. Offshore construction also could temporarily disturb and/or displace fishes proximate to the construction activity. Although seismic surveys may kill or injure eggs and fry of some fishes, this injury is limited to within 1 meter or 2 meters of the airgun- discharge ports. Thus, seismic surveys probably would have no appreciable adverse effects on fish subpopulations. Oiled intertidal areas could lead to considerable mortality of eggs and juvenile stages of some pelagic species in the affected areas. Studies indicate that impacted eggs and juvenile stages could lead to reduced adult survival. Eggs and fry of some bentho- pelagic and demersal fishes could experience lethal and sublethal effects from oil contact. Although multiple small spills or a single large spill could cause declines of subpopulations of multiple species inhabiting the Cook Inlet Program Area, it is anticipated that there would be no long -term effects on overall fish populations in the central Gulf of Alaska. Accidental oil spills could impact EFH and the species that depend upon them. The nature of the impact would be largely dependent on the size of spill, location, environmental factors, and uniqueness of the affected EFH. Large spills that reach coastal streams and intertidal areas used for spawning by anadromous salmon could have more persistent impacts and require remediation. Seafloor Habitats — Routine operations during exploration, development, and production activities under the proposed action probably would not measurably affect local populations of lower trophic -level organisms. In the event of a large oil spill, populations of lower trophic -level organisms in pelagic waters would not be greatly affected by the spill and associated cleanup activities. However, a large spill could contact some shoreline areas in Cook Inlet, and lower trophic -level organisms in sensitive intertidal and shallow subtidal habitats could experience lethal and sublethal effects. 42 Sociocultural Systems and Environmental Justice — Potential direct and indirect impacts on sociocultural systems due to noise, visual, and traffic disturbances, as a result of offshore operations for the proposed action, are expected to be limited. Potential direct and indirect impacts on sociocultural systems due to routine operations of offshore pipelines for the proposed action will also be limited because of mitigation and consultation measures. Potential impacts on sociocultural systems from routine operations under the proposed action would be limited but variable, with the least significant effects expected near the Cook Inlet Planning Area which is already experiencing oil and gas development. Potential impacts on sociocultural systems from accidents under the proposed action could range greatly, depending on the location and timing of a spill. A significant portion of the Alaska Native population is present in many coastal areas of Alaska. It is possible that new onshore and offshore infrastructure could be located near these populations and produce adverse health or environmental impacts if there are impacts on subsistence resources and harvest patterns. In the case of an oil spill, it is also possible that the potential environmental and health impacts on Alaska Native populations could be disproportionately high or adverse depending on the geographical location of the spill and the effects this could have on subsistence resources and harvests. Archaeological Resources — Assuming compliance with existing Federal, state, and local archaeological regulations and policies, most impacts to archaeological resources in the Alaska region resulting from routine activities under the proposal will be avoided. Some impact may occur to coastal historic and prehistoric archaeological resources from accidental oil spills. Although it is not possible to predict the precise numbers or types of sites that would be affected, contact with archaeological sites would probably be unavoidable, and the resulting loss of information would be irretrievable, if spills should occur. The magnitude of the impact would depend on the significance and uniqueness of the information lost. Other Information. The Cook Inlet Planning Area is included on the schedule as a special interest sale area. The sales are proposed for 2009 and 2011, but before MMS proceeds, it will issue a request for nominations and comments and will move forward only after consideration of the comments received in response to annual calls for information. If the industry interest reflected in comments on a call for information do not support consideration of a sale, the sale will be postponed and a request for nominations and comments will be issued again the following year, and so on through the 5 -year schedule, until a sale is held or the schedule expires. 44 Other Option 1 (No Sale) Valuation. The net benefits of production would be zero since no activity would occur. Environmental Impacts. This option is analyzed in the draft EIS under Alternatives 3 and 8. A summary of the EIS findings follows. The choice of this option would eliminate activities associated with other options proposing a sale or sales in the planning area. Impacts from presale seismic activity, exploration drilling, the placement of platforms and pipelines, and accidental oil spills would not take place. However, environmental impacts would occur elsewhere from importing energy to replace potential OCS production foregone if this option was selected. Activities and impacts from development on previously acquired OCS leases could take place. Choice of this option would result in somewhat reduced impacts locally. Impacts to birds, such as the Steller's eider, endangered short- tailed albatross, and Kittlitz murrelets would be less likely with less activity. GULF OF MEXICO REGION Draft Proposed Program Decision The DPP scheduled annual areawide lease sales in the reconfigured Western and Central Planning Areas and one sale in 2007 in the Central Gulf Planning Area in that portion of the area that was identified for Sale 181 in the 5 -year program for 1997 -2002. Proposed Program Options WESTERN GULF OF MEXICO Key Comparative Results. The net benefits of anticipated production in this proposed program area are estimated at about $44.44 billion. The area is ranked 3rd in environmental sensitivity and 4th in primary productivity. Fifteen companies endorsed leasing in this planning area, a 50 percent increase over the number responding to the August 2005, RFI. Selected Comments. The Governor of Texas strongly supports expanded leasing of the U.S. OCS. The two U.S. Senators from Texas and one representative expressed support for the DPP as did the Texas Railroad Commission. The DOE's Office of Fossil Energy supported MMS's development of the proposed 5 -year plan, particularly the proposal to continue the annual offering of all the acreage in Central and Western GOM Areas. Numerous non - energy industry entities, from the agricultural sector to local Chambers of Commence, endorsed the DPP and asked for opening of more acreage. Fifteen companies expressed interest in this area. Proposed Program Option Proposal as in the DPP: five areawide sales (in 2007, 2008, 2009, 2010, and 2011) in the area depicted in Map 7. 46 Program Area Resources Sale 205 Area Central Gulf of Mexico Western Gulf of Mexico Cook Inlet Beaufort Sea Chukchi Sea North Aleutian Basin Mid - Atlantic Oil (BBO) Gas (Tcf) BBOE Net Economic Value Envl. Cost Net Social Value Consumer Surplus Benefits Net Benefits 0.149 5.445 2.021 0.200 1.000 1.000 0.200 0.056 0.557 23.095 16.200 0.200 0.000 0.000 5.000 0.327 0.248 9.554 4.904 0.236 1.000 1.000 1.090 0.114 1.70 93.69 39.36 1.11 5.33 3.79 5.48 0.20 0.0024 0.2584 0.2733 0.0156 0.0465 0.0463 0.0129 0.0018 1.70 93.43 39.09 1.09 5.28 3.74 5.47 0.20 0.33 10.50 5.35 0.29 1.30 2.63 2.23 0.15 2.03 103.93 44.44 1.38 6.58 6.37 7.70 0.34 are highly speculative or unlikely to occur as a direct result of the proposal under consideration. In mature areas like the GOM, this means that anticipated production estimates amount to a larger proportion of the total economically recoverable resources in the program area. However, in frontier areas, infrastructure constraints may substantially reduce anticipated production in a foreseeable time frame. For example, the 2006 National Assessment reports mean undiscovered, technically recoverable natural gas resources of 76.77 Tcf for the Chukchi Sea province and potentially economically recoverable resources of 7.91 Tcf at $6.69 per Mcf (assuming a gas transportation system is available). Despite this large natural gas resource potential, table 6 does not indicate any natural gas production in the Chukchi program area. This is largely because there is no transportation system to carry the gas production to outside markets and it is unlikely that a pipeline system will be operational and have capacity to transport large volumes of Chukchi gas until at least 2025. It is possible that construction of gas transportation systems from northern Alaska will be delayed even longer. Therefore, the gas resources in Arctic OCS areas are considered "stranded" for the foreseeable future and are not anticipated to be produced as a result of this PP. Table 6: Anticipated Production for the Proposed Program Note: Oil estimates are expressed in billions of barrels (BBO); natural gas estimates are expressed in Tcf. All dollar values represent net present value in billions of 2007 dollars. Economic Analysis Economic Assumptions. The PP is assumed to have a lifespan (leasing and subsequent exploration, development, and production) of approximately 40 years starting in July 2007. Given the uncertainty of future price levels, or the "price paths," and other variables, the MMS uses a price scenario approach in which the inflation - adjusted, or "real," prices for oil and gas are 81 APPENDIX C ASSUMED MITIGATION MEASURES Appendix C. Assumed Mitigation Measures C. ASSUMED MITIGATION MEASURES All Minerals Management Service (MMS) sale proposals include rules and regulations prescribing environmental controls to be imposed on lease operators. Lease stipulations, Outer Continental Shelf (OCS) regulations, and other measures provide a regulatory base for implementing environmental protection on leases issued as a result of a sale. The MMS Environmental Studies Program and the analyses and monitoring of activities in a sale area provide information used in formulating the Agency's regulatory control over the activities that occur during the life of the leases. The MMS has broad permitting and monitoring authority to ensure safe operations and environmental protection. Use of the best available and safest technologies during exploration, development, and production, and the adopted stipulations, are just a few of the measures designed to prevent environmental damage. The MMS also monitors operations after drilling has begun and carries out periodic inspections of facilities (in certain instances, in conjunction with other Federal Agencies such as the U.S. Environmental Protection Agency) to ensure safe and clean operations over the life of the leases. The analyses in the environmental impact statement assume the implementation of all mitigation measures required by statute or regulation. In addition, the impact analysis assumes that sale- specific stipulations that were commonly adopted in past lease sales are in effect. The following is a brief description of the sale- specific stipulations or other mitigations assumed in the analysis of potential effects of the proposed action. Because over 100 individual mitigations can be applied to exploration and development activities in the Gulf of Mexico Region, only lease stipulations are described individually. Both the lease stipulations and other protective environmental measures issued through Information to Lessees (ITL) in Alaska are described. 1. Gulf of Mexico Region a. Lease Stipulations (1) Topographic Features This stipulation designates a "No Activity Zone" around several underwater topographic features commonly called "banks" whose crests may contain biological communities including corals. The No Activity Zone is designed to protect the biota of these features from adverse effects of routine offshore oil and gas activities by preventing the emplacement of platforms, or the anchoring of service vessels or mobile drilling units, directly on the banks and requiring that drilling discharges be shunted in such a manner that they do not settle on the biota. (2) Live Bottom (Pinnacle Trend) This stipulation is intended to protect the pinnacle trend area and the associated hard - bottom communities from damage from oil and gas activities. If the required live bottom survey report determines that the live bottom may be adversely impacted by the proposed activity, certain measures, such as relocation or monitoring, may be required. C -1 Appendix C. Assumed Mitigation Measures (2) Archaeology There are 18 mitigations describing procedures for conducting archaeological surveys before bottom disturbing activities can occur on a lease which the procedures operators must follow to avoid impacts to potential prehistoric and shipwreck sites. (3) Artificial Reefs Five mitigations exist to avoid impacts to artificial reef sites and permit areas. (4) Chemosynthetic Communities There are 5 mitigations to avoid impacts to chemosynthetic communities in deepwater areas of the Gulf of Mexico. (5) Coastal Zone Management Five mitigations describe the conditions of approval in each of the Gulf Coast States. (6) Topographic Features, Live Bottoms, and the Flower Garden Banks There are 13 mitigations to protect the health and stability of these benthic features. (7) Miscellaneous Mitigations These apply to space -use conflicts, oil spill preparedness, remote operating vehicle surveys in deep water, essential fish habitat, hydrogen sulfide and other issues. 2. Alaska Region a. Lease Stipulations (1) Orientation Program This stipulation is designed to provide increased protection of the environment by promoting an understanding of, and appreciation for, local community values, customs, and lifestyles of Alaskans. It also provides information to industry on the biological resources used for commercial and subsistence purposes, archaeological resources of the area and appropriate ways to protect them, and reducing industrial noise and disturbance effects on marine mammals and marine and coastal birds. The program shall be designed in sufficient detail to inform individuals working on the project of specific types of environmental, social, and cultural concerns that relate to the sale and adjacent areas. (2) Protection of Biological Resources This stipulation provides a formal mechanism for identifying important or unique biological populations or habitats that may exist in the proposed sale area and require additional protection because of their sensitivity and/or vulnerability. If critical biological resources are identified, the lessee may be required to modify operations to ensure that significant biological populations or habitats deserving protection are not adversely affected. These modifications could include shifts in operational sites, modifications in drilling procedures, and increased consideration of the areas during oil -spill contingency planning. C -3 Appendix C. Assumed Mitigation Measures (6) Conflict Avoidance Mechanisms to Protect Subsistence Whaling and Other Subsistence Activities This stipulation is designed to reduce disturbance effects on Native lifestyles and subsistence practices from oil and gas industry activities by requiring industry to make reasonable efforts to conduct all aspects of their operations in a manner that recognizes Native subsistence requirements and avoids adverse effects on local subsistence harvests and cultural values. It requires industry to conduct all exploration, development, and production activities in a manner that prevents unreasonable conflicts between the oil and gas industry and subsistence activities, especially the subsistence bowhead whale hunt. This stipulation also requires industry to consult with potentially affected Native communities, the NSB, and the AEWC to discuss possible siting and timing conflicts and to assure that exploration, development, and production activities do not result in unreasonable conflicts with subsistence whaling and other subsistence harvests. It also provides a mechanism to address unresolved conflicts between the oil and gas industry and subsistence activities. This stipulation provides for restriction of lease - related uses, when necessary, to prevent unreasonable conflicts with local subsistence activities. These might include a seasonal drilling restriction, seismic and threshold depth restriction, and requirements for directional drilling and the use of other technologies. b. Information to Lessee Several ITL's have been developed to provide specific protection for environmental, social, and cultural concerns. These measures encourage lessees to bring residents of North Slope communities into the planning process and to incorporate into their Orientation Programs the Kaktovikmiut and Nuiqsutmiut papers as guides to foster understanding and sensitivity to community values. The ITL's advise lessees of: • the potential effects of seismic surveys and the specifics of the stipulation on the bowhead whale monitoring program; • the potential for polar bears to be present in the area of operations, and to conduct activities in a manner which will limit potential encounters and interactions between lease operations and polar bears; • the review of exploration and development and production plans to ensure that the threatened spectacled and Steller's eiders and their habitats are protected; • the possible prohibition of shore -based facilities in river deltas that have been identified as special habitats for bird nesting and fish over wintering areas; • the possibility that MMS may limit or modify operations if they could result in significant effects on the availability of bowhead whales for subsistence use; • the U.S. Department of Commerce, National Marine Fisheries Service's review of exploration and development and production plans for activities planned in the spring lead systems of the bowhead whales to determine whether the planned activities would likely jeopardize the continued existence of the bowhead whale population; • the fact that disturbance of wildlife could be determined to constitute harm or harassment and thereby be in violation of existing laws and treaties; • sensitive areas to be considered when developing oil -spill contingency plans to help protect environmentally sensitive areas and their concentrations of marine birds, marine mammals, fishes, and other biological resources; • the threatened status of the Steller sea lion and that lessees should conduct their activities in a manner that will limit potential encounters and interactions; C -5 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of November 2, 2006 Item No. 13.E.1 Resignation of Planning and Zoning Commissioner. Jerrol Friend was elected into office as an Assembly member. He submitted his resignation on October 18, 2006 from the Planning and Zoning Commission effective October 20, 2006. APPROVAL FOR AGENDA: Recommended motion: Move to accept the resignation of Jerrol Friend from the Planning and Zoning Commission and direct the Borough Clerk to advertise the vacancy per Borough Code. Memorandum Date: October 19, 2006 To: Nova Javier, CMC, Clerk's Office Cc: Duane Dvorak, Community Development Acting Director From: Sheila Smith, Secretary III RE: Acceptance of Commissioner Resignation Thank you. Enc. 1 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 wvvw.kib.co.kodiak.ak.us On October 18, 2006 a letter of resignation, in accordance with KIB Code Section 2.39.070 4. (Vacancies), was received from Commissioner Friend in which he resigned from the Planning and Zoning Commission to be effective October 20, 2006. The Planning and Zoning Commission at their regular meeting on October 18, 2006 accepted Commissioner Friends' resignation with great regret. Therefore, the Commission is requesting the vacancy to be full filled as soon as possible with a new appointment of a new member, in accordance with KIB Code Section 2.39.070 C. (Vacancies). To: Kodiak Island Borough It has been my pleasure to be a member of the Planning and Zoning Commission. I am resigning my position on this commission effective October 20, 2006. I believe the education I received from my extensive experience on this commission will greatly assist me as a member on the Kodiak Island Borough Assembly. I would like to thank all the members of Planning and Zoning and especially staff who has worked so hard to help make this important committee productive. Sincerely, Jerrol D. e`riend October 18, 2006 Meeting of November 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.E.2 Review of an option for KIB acquisition of Lots 1B and 1 E, Block 4, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the KIB Planning and Zoning Commission in Subdivision Case S05 -005. The Planning and Zoning Commission initiated this case when they required a one (1) year option for borough acquisition of the above referenced lots as part of the original subdivision case. Plat 2006 -9 was recorded on July 11, 2006 and that was the date by which the one (1) year option will be determined. The parcels were ostensibly identified in the subdivision process as suitable for open space or recreational use in the context of the surrounding residential subdivision. This option to purchase was recommended by the Parks and Recreation Committee at it's regular meeting on May 9 2006. The Planning and Zoning Commission held a public hearing on the proposed option to acquire the lots at the regular meeting of September 21, 2006. If the Assembly wishes to follow -up on this proposal, it may authorize the Borough Manager to obtain an appraisal and investigate other information by which a final decision to acquire the lots could be made by the Assembly. If the Assembly does not wish to pursue acquisition of some or all of this land it may, in the alternative, release the land from the remainder of the option to purchase. Staff has attached the materials documenting the public review process related to the KIBC Title 18 review of this proposal. FISCAL NOTES: [X] Yes Expenditure Required: Account, General Fund: To Be Determined To Be Determined APPROVAL FORA DA: , MANAGER: d Recommended motion: Move to authorize the manager to negotiate with property owner of Lots 1B and 1 E, Block 4, Woodland Estates Subdivision and develop cost of acquisition information. PNo September 21, 2006 Kodiak Island Borough Attention: Rick Gifford, Manager 710 Mill Bay Road Kodiak, AK 99615 Re: Case No. 07 -005. Review of the option for KIB acquisition of Lots 1B and 1E, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05 -005. (Previously reviewed and forwarded by the KIB Parks and Recreation Committee with a recommendation for approval.) Dear Mr. Gifford: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 21, 2006, moved to forward this matter to the Kodiak Island Borough Assembly with a recommendation, from both the Parks and Recreation Committee and the Planning and Zoning Commission, to take action on the one (1) year option to purchase required by the Commission in Subdivision Case S05 -005, to acquire Lots 1B and 1E, Block 4, Woodland Estates for recreational use as a pocket park, open space or other related purposes. This item is tentatively scheduled to appear before the Assembly at their October 19, 2006 regular meeting. Please confirm this with the Borough Clerk, Nova Javier, at 486 -9310, no sooner than five (5) working days from the date of this letter. If you have any questions regarding the Commission's actions, please contact the Community Development Department at 486 -9363. Sincerel} ; ■ Duane Dvorak, Acting Director Community Development Department DD:zmp • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 Via Hand - Delivery • • MEMORANDUM DATE: September 20, 2006 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the September 20, 2006 Regular Meeting CASE: 07 -005 APPLICANT: Kodiak Island Borough Planning and Zoning Commission REQUEST: Review of the option for KIB acquisition of Lots 1B and 1E, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05 -005. LOCATION: 383 Plover Way /369 Plover Way, Kodiak ZONING: R2 -Two Family Residential. Recommended Motion As indicated in the original staff report dated September 11, 2006, staff acknowledged that the Commission was the initiator of this request based on the input of surrounding property owners in Subdivision Case S05 -005. Although it seemed likely to staff that the Commission would likely forward a recommendation to the Assembly based on the subdivision review, staff believes that a recommendation under KIBC Title 18 would be appropriate as well to forward this case with the recommendation of the Parks and Recreation Committee in addition to the recommendation of the Planning and Zoning Commission. Unfortunately the September 11, 2006 staff report was lacking a draft motion for the Commission's consideration. This supplement is intended to rectify that situation. Move to forward Case 07 -005 to the Kodiak Island Borough Assembly with a recommendation from both the Parks and Recreation Committee and the Planning and Zoning Commission, to take action on the one (1) year option to purchase required by the Commission in Subdivision Case S05 -005, to acquire Lots 1B and 1E, Block 4, Woodland Estates for recreational use as a pocket park, open space or other related purposes. Case 07- 005 /Staff Report Public Hearing Item VI -B Page I of 1 P & Z: September 20, 2006 An JI •1 4001' R .0 07-.107 WI 51017 J3V •. wawa J7 7 .. sw Sff7 24 21072C7 .07 ay Z1.,Op 4[l ad, Jamie 7 210 O. J 2•11177120 wi •••• lI3 JLr7J0 itSl. 1 ‘0 y � � ilJAilil , �,' J @pq7 f •I tort two •. )70701 1 ■ \ ,77 ,107 n VW •/ •. tart -LW .* SLIM' 47407 'OW afti >f-s1477 V'. NM J.av •1 W ' 17 -,107 N R.� Jt1317 J • • 1-307 f_ TVA OW IM, N ' nrl.q,n0., w0 10.0,1 JIINENI73 .710.217-727 42.7100211 .017 • i 144 I 11 / ik kg ItH This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, September 13, 2006, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Vi1ak.(dtl &/i0 /0 ( t Ai- / Monecia, C)`y r Jf 1DIAK ISLAND BOROWGII COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 20, 2006. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 07 -005 APPLICANT: Kodiak Island Borough REQUEST: Review of the option for KM acquisition of Lots 1B and 1E, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05 -005. (Previously reviewed and forwarded by the KIB Parks and Recreation Committee with a recommendation for approval) LOCATION: 383 Plover Way and 369 Plover Way, Kodiak ZONING: R2 — Two - Family NATIVES OF KODIAK 215 MISSION RD, STE 201 KODIAK, AK 99615 ELISABETH KOUREMETIS P.O. BOX 424 KODIAK, AK 99615 RONALD MARIA PAINTER PO BOX 3137 KODIAK, AK 99615 PATRICIA JACOBSON REVOCABLE TRUST P 0 BOX 8707 KODIAK, AK 99615 JAMES JACOBSON P O BOX 1313 KODIAK, AK 99615 IRIS CRANE PO BOX 109 KODIAK, AK 99615 MILTON BOHAC P O BOX 1924 KODIAK, AK 99615 GIOVANI CATHE TALLINO P 0 BOX 4496 KODIAK, AK 99615 JACK MARYLYNN MCFARLAND P.O. BOX 2342 KODIAK, AK 99615 JEFFERY SHELI HALCOMB P.O. BOX 3903 KODIAK, AK 99615 • JIMMY JOY NG 3218 WILTON WHITE WAY KODIAK, AK 99615 RONALD MARIA PAINTER FAMILY TRUST PO BOX 3137 KODIAK, AK 99615 JAMES CRANE PO BOX 109 KODIAK, AK 99615 PATRICK VIRGINIA MCCARTY PO BOX 9003 KODIAK, AK 99615 DAVID JILL SPELLMAN PO BOX 3359 KODIAK, AK 99615 THOMAS PATRICIA LOGAN 3880 WOODLAND DR KODIAK, AK 99615 BERRY JENNIFER SPIVEY PO BOX 3494 KODIAK, AK 99615 JERRY BETH PIRTLE 3754 WOODLAND DR KODIAK, AK 99615 MICHAEL J SHEILA E HORTON PO BOX 295 KODIAK, AK 99615 LESTER RUSSELL ETAL PO BOX 9024 KODIAK, AK 99615 • GEORGE KIRK P.O. BOX 2796 KODIAK, AK 99615 JAMES CRANE JR PO BOX 109 KODIAK, AK 99615 JEFF JENNIFER SPENCER P.O. BOX 3093 KODIAK, AK 99615 DANA SHAW PATTERSON P 0 BOX 8975 KODIAK, AK 99615 CHARLES BARBA THOMPSON PO BOX 2243 KODIAK, AK 99615 WILLIAM LILA BARKER P.O. BOX 2135 KODIAK, AK 99615 MICHAEL ELLEN MARION PO BOX 9052 KODIAK, AK 99615 FRED HAWLEY P O BOX 2701 KODIAK, AK 99615 MARILYN KRETA P O BOX 1942 KODIAK, AK 99615 TIFFANY PETER VANSICKLEN 3749 GULL DR KODIAK, AK 99615 WILLIAM CARLA HARSCH 3739 GULL DR KODIAK, AK 99615 LESTER RUSSELL ETAL PO BOX 9024 KODIAK, AK 99615 JULIE MEIER PO BOX 1932 KODIAK, AK 99615 ESTATE OF EMIL NOYA C/0 FLORA ALPIAK- GUARDIAN PO BOX 8597 KODIAK, AK 99615 ROBERT ELIZABETH JOHNSON PO BOX 8557 KODIAK, AK 99615 KEVIN KIM KING P O BOX 2680 KODIAK, AK 99615 TUOI VAN FRANCES LE PO BOX 3583 KODIAK, AK 99615 REBECCA FOBES PO BOX 3259 KODIAK, AK 99615 JILL ROHRER P O BOX 3592 KODIAK, AK 99615 NICHOLAI SHOLL 3673 GULL DR KODIAK, AK 99615 JEFF D. JULI ANA WINEGARDEN, SR. PO BOX 2578 HOMER, AK 99603 LONNIE N MICHELE D GONZALES PO BOX 8606 KODIAK, AK 99615 LESTE L ' ONNIE RUSSELL PO BOX •1 4 'r1 - --l-• MYRTLE OLSEN 3736 GULL DR KODIAK, AK 99615 LESTER BONNIE RUSSELL PO BOX 9024 KODIAK, AK 99615 ROMMEL IRMINA MANZANO 3707 GULL DR KODIAK, AK 99615 LEST PO B KOD RB0NNIERU$S '024 j 99615 JOHN SARAH POWERS PO BOX 361 KODIAK, AK 99615 PAUL HANSON PO BOX 881 KODIAK, AK 99615 ZACHARY AMY JONES 493 SHEARWATER WAY KODIAK, AK 99615 CHRISTOPHER PEGGY TUTTLE 390 PLOVER WAY KODIAK, AK 99615 EDWARD REFT ETAL PO BOX 475 KODIAK, AK 99615 HEIDI M MOODY PO BOX 8977 KODIAK, AK 99615 RUSSELL & GROTHE C/O LENHART GROTHE PO BOX 9024 KODIAK, AK 99615 LESTE' : ONNIE RUSSELL PO BO • • 024 KODI , 99615 LESTER RU SELL ETAL X 4 KODIAK 99615 diCPC PO BO GORDON CONSTANCE JENSEN 3701 GULL DR KODIAK, AK 99615 JOHN PETERSON, ETAL 1525 MISSION RD KODIAK, AK 99615 ARNOLD SKONBERG ETAL PO BOX 8601 KODIAK, AK 99615 SHAWN JULIE BONNEY P.O. BOX 2265 KODIAK, AK 99615 BROCK STACEY SIMMONS PO BOX 464 KODIAK, AK 99615 STAN SUSAN THOMPSON 3635 GULL DR KODIAK, AK 99615 JEFFREY PRISCILLA JOHNSON PO BOX 8325 KODIAK, AK 99615 LLOYD BENTON P.O. BOX 903 KODIAK, AK 99615 MATTHEW HEATHER CORRIERE PO BOX 8753 KODIAK, AK 99615 JEFFREY SANFORD 3700 PUFFIN DR KODIAK, AK 99615 ENE GY P PO B KODI RIC PO B KODI S HOMES, INC 99615 UTNAM 925 djAti AK 99615 ROBERT JULIE COYLE 3661 GULL DR KODIAK, AK 99615 RHAYLENE ABBEY PO BOX 2331 KODIAK, AK 99615 JEFF POBO KOD ISCILLA JOHNSON 325 AK 99615 /NERGY PLUS HOMES, INC PO BOX 1066 KODIAK, AK 99615 MAT HE 1 HEATHER CO' ' .1 a PO BO`.' 8753 KODI A AK 99615 NATHAN BENTON PO BOX 981 KODIAK, AK 99615 ENERG : S HOMES, INC PO BOX ► 66 KODI , A • 99615 BENJAMIN REMEDIOS SABANGAN PO BOX 3433 KODIAK, AK 99615 TROY MELANIE MAGNUSEN PO BOX 1124 UNALASKA, AK 99685 -1124 FREDERICK L SHIRLEY L THIEL 3621 GULL DR KODIAK, AK 99615 BRIAN DAUGHERTY 3650 PUFFIN CIRCLE KODIAK, AK 99615 ENE' Y 'LUS HOMES, INC PO BO ' 066 KOD 99615 LLO P.O. B KOD NTON 903 99615 RICHARD PUTNAM PO BOX 8925 KODIAK, AK 99615 Sincerely, e Pie on for heila Smith, Secretary Community Development Department Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Via Hand - Delivery August 29, 2006 Kodiak Island Borough Attention: Rick Gifford, Manager - 710 Mill Bay Road Kodiak, AK 99615 Re: Case 07 -005: Review of the option for KIB acquisition of Lots 1B and 1E, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05 -005. (Previously reviewed and forwarded by the KIB Parks and Recreation Committee with a recommendation for approval) Dear Mr. Gifford: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 20, 2006 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 13, 2006 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Mr. Craig Johnson 2705 Mill Bay Road Kodiak, AK 99615 Re: Case S05 - 005. Preliminary approval, in accordance with KIBC 16.40, of the subdivision of Woodland Estates, Block 1, Lot 1 creating Woodland Estates, Block 4, Lots l A through 11. Dear Mr Johnson: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 May 23, 2005 The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 18, 2001, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL 1. Submit engineered4ans for required water and sewer improvements to the City of Kodiak Public/for review and approval. 2. Submit a plan for fire hydrant spacing to the City of Kodiak, Fire Marshal for review and approval. 3. Create the utility easements requested in the KEA memorandum dated March 29, 2005 on the final plat. 4. Include a note on the final plat indicating that natural drainage ways shall not be blocked or impeded. 5. An engineered drainage plan for the subdivision must be submitted to the Kodiak Island Borough Engineering and Facilities Department for review and approval. N N 6. Place a note on the final plat stating: In the course of developing individual lots in this subdivision, naturally occurring pond areas, so indicated on this plat, shall not be filled or excavated. 7. In regard to fulfilling Condition 6 above, obtain a jurisdictional wetland determination from the U.S. Army Corps of Engineers to delineate wetlands to which the property is subject and show a gross lot area and net lot area for each lot such that the net lot area is the developable area outside of delineated wetlands. 8. Show the 5 -foot utility easement and the temporary cul -de -sac easement as indicated on Plat 2003 -6. 9. Lots must have 7,200 square feet of lot area less flag stem drives and wetlands. 10. Kodiak Island Borough has a one (1) year option to purchase Lots 1B and lE or trade property for Lots 1B and 1E. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty - four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: 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. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely, 7/i1i Mary Myers Ogle, AICP Community Development Department Director Kodiak Island Borough CC: Land Surveying Services Fire Marshal P & Z Minutes: May 18, 2005 • • C) Case S05 -005. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Woodland Estates, Block 1, Lot 1 creating Woodland Estates, Block 4, Lots lA through 11. STAFF indicated ninety -eight (98) public hearing notices were distributed for this case with five (5) written responses being returned. Staff recommends granting preliminary approval of this request subject to nine (9) conditions of approval. COMMISSIONER WATKINS MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the subdivision of Woodland Estates, Block 4 Lot 1 creating Woodland Estates Block 4 Lots 1A through 1I., subject to the conditions of approval contained in the staff report dated March 31, 2005, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER JANZ. SECONDED the motion. Regular session closed. Public hearing opened: Craig Johnson spoke on behalf of the Kodiak Community Church. Peggy Tuttle is opposed to the subdivision. Tiffany VanSicklen spoke against subdividing the area. Lonnie White is in favor of this request. Janet Krug is not opposed to subdividing, but the traffic is a problem. Carla Harsh is against the request. Allen Ryden/Pastor of Kodiak Community Church spoke on behalf of the church. Lena Lawhead spoke against the request. Public hearing closed. Regular session opened: COMMISSIONER WATKINS MOVED TO AMEND the motion to include the Kodiak Island Borough has one (1) year and first right of refusal to buy Lots 1B and IE for park land or greenbelt. COMMISSIONER JANZ SECONDED the motion, and it FAILED by unanimous voice vote. COMMISSIONER WATKINS MOVED TO AMEND the motion to include as Condition 10 to give the Kodiak Island Borough a one (1) year option to purchase Lots 1B and 1E or trade property for Lots 1B and 1E. COMMISSIONER MCMURRY SECONDED the motion, and it CARRIED unanimous voice vote. CONDITIONS OF APPROVAL 1. Submit engineered plans for required water and sewer improvements to the City of Kodiak Public for review and approval. Page 5 of 9 • • 2. Submit a plan for fire hydrant spacing to the City of Kodiak, Fire Marshal for review and approval. 3. Create the utility easements requested in the KEA memorandum dated March 29, 2005 on the final plat. 4. Include a note on the final plat indicating that natural drainage ways shall not be blocked or impeded. 5. An engineered drainage plan for the subdivision must be submitted to the Kodiak Island Borough Engineering and Facilities Department for review and approval. 6. Place a note on the final plat stating: In the course of developing individual lots in this subdivision, naturally occurring pond areas, so indicated on this plat, shall not be filled or excavated. 7. In regard to fulfilling Condition 6 above, obtain a jurisdictional wetland determination from the U.S. Army Corps of Engineers to delineate wetlands to which the property is subject and show a gross lot area and net lot area for each lot such that the net lot area is the developable area outside of delineated wetlands. 8. Show the 5 -foot utility easement and the temporary cul -de -sac easement as indicated on Plat 2003 -6. 9. Lots must have 7,200 square feet of lot area less flag stem drives and wetlands. 10. Kodiak Island Borough has a one (1) year option to purchase Lots 1B and lE or trade property for Lots 1B and 1E. 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 CARRIED by unanimous voice vote. D) Request for consideration of Public Review Draft of proposed revisions to KIBC 17.26, the Mobile Home Park Code, and recommendation to the KIB Assembly. Staff recommends that the Commission take verbal and written testimony on this proposed code revision and forward a recommendation to the Assembly regarding the proposed code changes. P & Z Minutes: May 18, 2005 Page 6 of 9 Committee Members Present Absent Excused Others Present Hans Tschersich X Mary Ogle Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck -Chair X Murphy Forner X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Arndt X KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING -MAY 9, 2006 MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on May 9, 2006 in the Borough Conference Room. L CALL A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 7 -0. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER FOREMAN MOVED TO APPROVE the minutes of April 11 & April 25, 2006 amended minutes to show Kevin Foster and Pam Foreman were excused. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 7 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Andy Schroeder introduced his father, Bill Schroeder, who is active in Parks & Rec in Warren County and has done quite a bit of trail building. OLD BUSINESS A. Parks Ordinance Ogle stated they still have to set up a time to meet with the P &Z Commission to have a joint work session. She received the current joint agreement for the use and operation of the City of Kodiak, Kodiak Island Borough, and Kodiak Island Borough School Facilities from Ian Fulp. She has went through it and is going to recommend changing, with the Committees recommendation, the subsection that speaks of where the City will do maintenance, I am 5/9/2006 Parks & Recreation Committee Page 1 of 3 proposing to add Mill Bay Beach, Otmeloi, Harlequin playground, and possibly Island Lake Park and trail. Discussion on the agreement. B. Recommendation for Borough Acquisition of the Kodiak Christian Fellowship Subdivision Lots 1B and 1E. Ogle stated she has done a site visit and found there is an existing trail around the lake that is within the Natives of Kodiak Subdivision, but no connection. On this site, and there is a natural lip that goes along the back property line and then down to the wetland area. Discussion of the property. COMMITTEE MEMBER FOREMAN MOVES TO RECOMMEND the Borough acquires the property called the Christian Fellowship Subdivision, Lots 1B and 1E. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL. The question was called, and it CARRIED 7 -0. NEW BUSINESS A. S06 -016 Subdivision Case Ogle stated this is a five lot subdivision at Kalsin Bay. The Committee had a brief discussion. They would like guaranteed public access to the beach for recreational use. COMMITTEE MEMBER HUNTLEY MOVED to guarantee beach access for the public use for various activities. COMMITTEE MEMBER FOREMAN SECONDED the motion. COMMITTEE MEMBER SALTONSTALL MOVED TO AMEND the main motion to include for existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3. COMMITTEE MEMBER FOREMAN SECONDED the motion, and it FAILED 7 -0. COMMITTEE MEMBER FOREMAN MOVED TO AMEND the main motion to include for existing road along Lot 3C, 3D, and 3E along beach berm and along the northwestern property line of Lot 3E or with a reasonable alternative road. COMMITTEE MEMBER SALTONSTALL SECONDED the motion, and it CARRIED 6 -1. B. S06 -017 Subdivision Case Ogle stated it is 2 Lots being replatted into 3 Lots. It was the general concensus of the Committee that there isn't any recreational value in this case. C. S06 -018 Subdivision Case Ogle stated this is a Woodland Acres Subdivision, and they are creating 5 Lots out of 4. After a discussion, it was determined to be of no recreational value. COMMUNICATIONS A Wayne Bissell email about Trails Day in June. Chair Sirofchuck stated Wayne sent out an announcement telling about Trails Day and the opportunities for training; classroom training on the evening of June 2n some classroom and then field training on June 3` and 4` This is training to train. 5/9/2006 Parks & Recreation Committee Page 2 of 3 Ogle stated this is the grant Wayne and she worked on with Lisa Holzapfel and Kevin Myer. Holzapfel and Myer will be training about 24 Kodiak residents on how to maintain sustainable trails, and teach them training skills. This will run future grant dollars further because our labor will be our match. REPORTS A. Meeting Schedule: May 23, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. June 13, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. Ogle reported she will be taking the Summit Lake Project Grant Agreement to the Assembly Work Session on Thursday and the subsequent Assembly meeting on the following Thursday. The Borough's match will be Soil & Water doing all the labor. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBERS' COMMENTS Patrick Saltonstall will not be here for May 23 meeting, and Mike Sirofchuck and Hans Tschersich will be out June 13 meeting. SIROFCHUCK reported the Abercrombie Comp Plan comment period has been extended until the 17 There are going to be major changes according to the plan; paving of roads, big bus turnaround by Miller Point, and more trails. There's a lot of development in the Comprehensive Plan. He urges everyone to look through it and mail in your comments. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER SALTONSTALL MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER FOREMAN. The meeting adjourned at 8:13 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: July 11, 2006 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE By: Mike Sirofchuck, Chair 5/9/2006 Parks & Recreation Committee Page 3 of 3 PLANNING AND ZONING COMMISSION REGULAR MEETING SEPT. 20, 2006 7:30p.m. KODIAK ISLAND BOROUGH ASSEMBLY CHAMB Minutes I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on September 20, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Excused Absent Others Present Jerrol Friend — Chair X Duane Dvorak David King X Community Development Gary Carver X Zoe Pierson Brent Watkins X Community Development Dennis McMurry X Ed Coe Casey Janz X Peggy Tuttle Gary Juenger X Richard Collins Greg Lopez James Brune Linda Freed Clarence M. McClaren CHAIR FRIEND expressed his willingness to accept a motion to excuse COMMISSIONER MCMURRY. COMMISSIONER KING MOVED to excuse COMMISSIONER MCMURRY, and COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND authorized a voice vote, and the motion CARRIED unanimously, 6 -0. III. APPROVAL OF AGENDA IV. MINUTES OF PREVIOUS MEETINGS September 20, 2006 S BOROUGH CLERK'S OFFICE CHAIR FRIEND asked if there were any changes or additions to the Agenda as distributed, noting that a communication item, the notes resulting from the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, had been added on the day of this meeting. CHAIR FRIEND expressed his willingness to accept a motion to approve the agenda as presented. COMMISSIONER.JANZ MOVED TO APPROVE the Agenda as presented, and the motion was SECONDED by COMMISSIONER KING, and CHAIR FRIEND authorized a voice vote, and the motion CARRIED 6 -0. CHAIR FRIEND asked if there were any changes or additions to the Minutes of the meeting of August 16, 2006. Noting that no changes to said Minutes were desired, CHAIR FRIEND expressed his willingness to accept a motion to approve the Minutes as presented. COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and upon CHAIR FRIEND's authorization of a voice vote, the motion CARRIED 6 -0. P & Z Commission Notes Page 1 of 19 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS CHAIR FRIEND solicited audience commentary regarding matters not listed under "Public Hearings ". No one responded. VI. PUBLIC HEARINGS Toll Free Telephone Number 1- 800 - 478 -5736 Local Telephone Number 486 -3231 A) CASE: 07 -001 APPLICANT: Earlene and Robert Berg REQUEST: A 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, a 6,000 square foot parcel of land located next to the principal residence of the requesting parties. (Postponed and amended from the August 16, 2006 regular meeting) LOCATION: Along Dark Lake beyond the end of Scout Circle. NHN Assigned. ZONING: PL- Public Use Land CHAIR FRIEND introduced Case No. 07 -001, noting the information above. Staff reported that 18 public hearing notices had been mailed since this request was postponed from the August 19, 2006 regular meeting for further consideration at the September 20, 2006 Regular Meeting of the Planning and Zoning Commission, and that one more response had been received, making the number of comments supporting the request received three. ACTING DIRECTOR DVORAK noted that staff had received additional information since the Commission's work session of September 13, 2006. Although staff had not had an opportunity to make a thorough analysis which would include the additional information and the amended site plan indicates a smaller area to consider which makes a determination of the impact more difficult. Staff is rescinding its original recommendation following the Applicants' amended request, reducing the subject square footage from approximately 12000 to approximately 6,000. ACTING DIRECTOR DVORAK reminded the Commission that if they would prefer staff to conduct a more thorough analysis of the newly received information, the option of postponing this matter for hearing to the next regular meeting through a motion remains. ACTING DIRECTOR DVORAK commented that the Applicants' amended request and site plan seems to balance their actual need against their original request well. CHAIR FRIEND asked if the Commission had any questions for staff, and receiving no response to his query, he asked the Commission to express its wish with regard to this matter. COMMISSIONER JANZ MOVED as follows: Move to adopt the following resolution containing the recommendation to the Borough Assembly regarding the request for a land disposal, per Kodiak Island Borough Code 18.20.030. Now therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: September 20, 2006 P & Z Commission Notes Page 2 of 19 That the applicant in this case, 07 -001, has insufficient usable land area for the purpose of constructing an attached residential /garage addition to the existing residential dwelling on Lot 1 United States Survey 3466. That the disposal of a portion of Lot IA -3 United States Survey 3465, will not be detrimental to the borough's ability to develop or dispose of the remainder of Lot 1A -3, U.S. Survey 3465 in the future. That the disposal of an unsubdividable portion of Borough land, described as, a portion of Lot IA -3 United States Survey 3465, for fair market value is hereby recommended by the Planning and Zoning Commission for approval by the Kodiak Island Borough Assembly, subject to the following stipulations: 1. The parcel of land shall be appraised in accordance with the KIBC 18.20.130 as part of the disposal; that the appraisal shall be at the petitioner's expense as indicated by KIBC 18.20.080. 2. The petitioners shall arrange for having the disposal area surveyed and subdivided from Lot IA -3, U.S. Survey 3465 and consolidated with Lot 1, U.S. Survey 3466. The survey shall be at the petitioner's expense as indicated by KIBC 18.20.080. 3. Prior to final approval of the subdivision, the petitioners shall obtain approval of a rezone for the disposal area from PL- Public Use Land to RRI -Rural Residential One, in accordance with the procedure set forth in KIBC 17.72. COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. Edward Coe spoke in opposition to the Applicants' request, explaining that he was attending this hearing on behalf of the Kodiak Elks Lodge, a neighbor by dint of Camp Mueller, which is located on the lake in front of this parcel, and they are vehemently opposed to any change in the status of the subject property from its originally intended use (i.e., it is intended for youth activities). He explained the Elks' position that title to the subject property, "3465 ", "passed hands" to be dedicated to youth activities in Kodiak via Smokey Stover's efforts in the time of the Territorial Congress, through Representative Bob Bartlett, to the City of Kodiak, who subsequently gave all 16 acres of 3465 by deed to the Elks. Subsequent to this period, when the Bureau of Land Management was in the process of settling the Alaska natives' claims to land by either deed or patent, because of its policy dictating that it not negotiate with private persons, the Bureau required that individual owners pass control of property to the Borough, then the Bureau would convey title to the Borough, and as part of this transaction, it was stipulated that the Borough was to return title to the subject property to those private parties who had relinquished title originally. Mr. Coe explained that the Elks, one of the parties to whom title should have been returned, had lost track of this matter due to personnel changes. Mr. Coe recalls that a copy of the letter explaining this transaction was extant at the time the Elks' ceded ownership but that despite his efforts, he has been unable to locate it. He reminded attendees that the Elks feel a deep commitment to preserving this land for youth activities and vehemently opposes to "cutting" or "whittling" the land for any other use. He reiterated the fact that the subject property, "3465 ", has never belonged to the Borough, September 20, 2006 P & Z Commission Notes Page 3 of 19 ownership of it having passed from the City to the Elks before the Borough came into existence and that Representative Bob Bartlett and Smokey Stover had ensured that the land be used for youth activities only. CHAIR FRIEND thanked Mr. Coe for his comments. Robert Berg, one of the Applicants, stated that to his knowledge, the area's land had been designated for various uses in the 1960s and 1970s and that since then, these designations had been changed many times. He stated that his and his wife's purpose in making the application is merely to build a garage, using a very small amount of land. However, he comprehends Mr. Coe's concerns regarding land use on the "youth permit ", having noticed himself that the land in question is being "used and abused" by "four- wheelers" which are "tearing it all up ". CHAIR FRIEND thanked Mr. Berg and closed the public hearing and reopened the regular session. In response to COMMISSIONER CARVER's question regarding this property's history and title, ACTING DIRECTOR DVORAK stated that staff does not engage in title searches as staff's responsibility is only to analyze applications with respect to the physical layout (e.g., topography, soil condition, etc.) of and the occurrences (e.g., utility easement for sewer and/or water, driveway easement, etc.) taking place on a property. He pointed out that as staff had documented for last month's meeting, the current records indicate that title is in the hands of the Borough. The records reflect that when the property was divided, Camp Mueller and the "front" three (3) parcels of "this" subdivision (along Island Lake Road) were designated as parks and/or Open Space. Lot 1A -3 has been designated for disposal. As for Mr. Coe's description of the subject property's history, this is the first time that staff has heard that there was another designation for this area, and staff can offer no opinion on it as time to research this issue thoroughly would be needed. If the Commission were to adopt a recommendation and forward this matter to the Assembly, the Assembly has yet to review the issue of disposal which would occur under conditions stipulated by the Assembly and which may include conducting a title search. In response to a comment made by COMMISSIONER WATKINS, ACTING DIRECTOR DVORAK stated that he is unaware of an official bike path being used to traverse the area. He noted that to his knowledge, the utility easement's only function is as a utility easement. There is no description designating public or pedestrian access over the property. The other easements on other area properties have been incorporated into shared driveways. Access has been determined only by property owners' agreements. CHAIR FRIEND noted the fact that in his own experience at Island Lake, there is a "history of people" traversing the property but that that use is not a recorded use. COMMISSIONER WATKINS noted that "they have been supporting that use of the public lands across their property ", commenting that the revised request for a smaller lot seems to "leave that intact and unencumbered ". COMMISSIONER JUENGER stated that he had been reluctant to entertain the notion of granting this application last month but that he had reconsidered his position. He commented that Mr. Coe's description of the history of the property is new to him but that he believes ACTING DIRECTOR DVORAK is correct in his assessment that the Commission's decision will not be the sole determinant of the outcome of the application. CHAIR FRIEND recalled that this property's dedicated use has always been and is supposed to be for youth activities. He agreed that he is in favor of forwarding the matter to the Assembly for consideration where title can be investigated. He asked if further discussion was warranted, and receiving no response, he authorized a roll call vote. The motion CARRIED 6 -0. September 20, 2006 P & Z Commission Notes Page 4 of 19 B) CASE: 07 -005 APPLICANT: Kodiak Island Borough REQUEST: Review of the option for KIB acquisition of Lots 1B and 1E, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the Planning and Zoning Commission in Subdivision Case No. S05 -005. (Previously reviewed and forwarded by the KIB Parks and Recreation Committee with a recommendation for approval) LOCATION: 383 Plover Way /369 Plover Way, Kodiak ZONING: R2- Two - family CHAIR FRIEND introduced Case No. 07 -005, noting the information above. Staff reported that 72 public hearing notices were mailed to which there was no response. ACTING DIRECTOR DVORAK reminded the Commission that it was they who initiated this project with the condition for approval of Case No. S05 -005 that the Borough retain a one -year option to acquire Lots 1B and 1E, a condition prompted by the comments made by neighboring property owners. The plat has been recorded, and the option can be exercised. The matter has been reviewed by the Parks & Recreation Committee. Staff's recommendation is for the Commission to subscribe to the motion putting this matter before the Assembly. COMMISSIONER KING moved to forward Case 07 -005 to the Kodiak Island Borough Assembly with a recommendation from both the Parks and Recreation Committee and the Planning and Zoning Commission, to take action on the one (1) year option to purchase required by the Commission in Subdivision Case S05 -005, to acquire Lots 1B and 1E, Block 4, Woodland Estates for recreational use as a pocket park, open space or other related purposes, and COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. Ms. Peggy Tuttle of 390 Plover Way stated that she is one of the original property owners to express officially concern with regard to the church's lot becoming nine residential lots and that her attendance at this meeting is the result of her attempt to see this matter through to its conclusion. She reminded the Commission that the vision for the community officially expressed by the Borough is to preserve Open Space for the sake of the community's children (e.g., outdoor parks and having "something to do ") and that this is a step in the Borough's fulfilling its commitment to establish pocket parks within subdivisions. She noted that the subdivision at issue currently has over 190 homeowners and only one pocket park on Harlequin Court with "one or two swings ". She expressed her desire for the Commission to forward this matter to the Assembly with a strong recommendation for the creation of additional pocket parks. CHAIR FRIEND closed the public hearing and reopened the regular session. A Commissioner commented that he is "still behind it ". CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. CHAIR FRIEND then announced a short recess. After an approximate one- to two- minute break, CHAIR FRIEND called the meeting back to order. C) CASE: 07 -006 APPLICANT: Richard E. Collins Jr REQUEST: An appeal in accordance with KIBC 17.90.020 of an administrative decision resulting in a notice of violation in accordance with KIBC Chapter 17.75 to disallow the continued occupancy of an accessory September 20, 2006 P & Z Commission Notes Page 5 of 19 CHAIR FRIEND introduced Case No. 07 -006. ACTING DIRECTOR DVORAK reminded the Commission that an appeal hearing differs in procedure from a public hearing and referred Commissioners to KIBC Chapter 17.90. He drew their attention to Chapter 17.90.040, Subsection B which delineates the time limits for the presentation. Furthermore, he pointed out to the Commission that the secretary attending this meeting is unfamiliar with the timing device and that extra care should be taken to ensure adherence to the appeal procedure as dictated by Borough Code. He also wished to inform the Commission that 34 public hearing notices regarding this matter had been mailed, to which no written responses had been received. ACTING DIRECTOR DVORAK added to his prefatory remarks that except for the Appellant, only witnesses who had submitted written comments could testify at this appeal hearing. CHAIR FRIEND asked for confirmation that the appeal hearing procedure does not include closing the regular session and opening a public hearing and then reopening the regular session, a query to which ACTING DIRECTOR DVORAK responded by saying that "No, it's all appeal hearing" and advising that the Commission follow the steps as written in the Code. He then stated that this matter is an appeal of a case which had been initiated by a complaint made that the property owner, Mr. Collins, was renting a room or dwelling in an accessory structure on his property. Staff investigated, and they reviewed materials on file in their records. They found prior notices regarding zoning violation with regard to the accessory building and prior letters regarding the illegal apartment use. They also saw an advertisement for the apartment in an April, 2006 issue of the Kodiak Daily Mirror. Based on the file contents, a site visit and the complaint, staff issued a Notice of Violation, and Mr. Collins has appealed the Notice, claiming his tenant should be deemed a "caretaker ". However, staff points out that the tenant's unit is advertised for rental at current market rental rates and that given that the tenant is paying market -rate rent, the tenant cannot be classified as a housesitter. The zoning for this area is RR1, which permits property owners to maintain only one dwelling per lot. Mr. Collins' letter of appeal requests a variance; however, this type of action by the Borough is no longer legally viable. With regard to the statute prohibiting "exceptions" or "variances ", ACTING DIRECTOR DVORAK quoted the State statute: The variance will permit a land use in a district in which that use is prohibited. Pursuant to State statute, the granting of a use variance is barred. However, a rezone request might be appropriate, noting that rezoning is dependent on the planned designation in the area and that Mr. Collins' case does not necessarily lend itself to this option otherwise staff would have already suggested it as a potential remedy.. ACTING DIRECTOR DVORAK stated that it September 20, 2006 LOCATION: ZONING: building (second dwelling) on a lot in the RR1 -Rural Residential One zoning district which only allows single - family residential as a permitted use. Lot 1A, Block 1, Monashka Bay Subdivision; 2653 Monashka Bay Road RR1- Single- family Residential A variance from a land use regulation adopted under this section may not be granted if- "And then Subsection 2 below says:" P & Z Commission Notes Page 6 of 19 is staff's opinion that there is no cause to void the Notice of Violation but that staff has provided a Motion which would grant Mr. Collins relief by reversing the Department's Notice of Violation. However, staff recommends failing said motion and has provided an alternative Motion denying Mr. Collins' request for voiding of the Notice of Violation and enumerating certain Findings of Fact. CHAIR FRIEND invited Mr. Collins to speak. Mr. Collins stated the number of years of his residence at the property and that he is a commercial fisherman/guide. He stated that his dwelling had been robbed or vandalized on numerous occasions while away from the residence and that he had then built a "watchman's" quarters. For six months of each year, there is one person on his property while he is "in the bush ", and the "watchman's" dwelling has served this purpose for 13 years. He stated that he has never received nor been made aware of a complaint from any of his neighbors before. He attributed the complaint to the purported fact that his neighbor from "below" of two years has a dog of whom Mr. Collins has reported for noise to authorities on an official basis twice, both times resulting in court appearances and court decisions in Mr. Collins' favor. He stated that the complainant has also accused Mr. Collins of releasing effluent from the septic system, an accusation which Mr. Collins claims has been proven false. He stated that since he began renting to a "watchman ", his property has not been subjected to further robbery or vandalism, and he contends that his efforts to improve his property have increased the property values of his neighbors. He alleges that without a "watchman" on his property, he will be the victim of future robbery. CHAIR FRIEND noted that as COMMISSIONER KING pointed out and ACTING DIRECTOR DVORAK confirmed, in addition to taking testimony from those who had submitted written comments, the Commission is permitted to take testimony from property owners who received the public hearing notice for this matter. Greg Lopez, who identified himself as the Complainant, stated that the area is zoned as an R1 district and that the area should remain an Rl district in order to keep "taxes down ". He contends that this is a "pretty simple" matter and claims that there is "more than one person on that property six months out of the year ". He expressed his desire that the Commission act to prevent this activity. James Bruin, who identified himself as the immediate neighbor of Mr. Collins' "illegal apartment ", stated that he has lived next door for seven years and that the apartment overlooks his dwelling. Further, it is his claim that the apartment has been continuously rented for two years. He expressed his desire that this R1 -zoned area remain an R1- zoned area. CHAIR FRIEND advised Mr. Collins that he is permitted 10 minutes during which he can offer a rebuttal. Mr. Collins stated that despite the area's current zoning designation, there are "illegal aluminum welding shops, bed and breakfasteses [sic] ... apartments" in the area and that thus, he is not the only "abuser" of the "system ". He reiterated his contention that this matter was of no concern to his neighbors before Mr. Lopez's complaint and that this matter is an outgrowth of his adversarial relationship with Mr. Lopez in regard to Mr. Lopez's dog. He reiterated his claim that the apartment and its use have been extant for 13 years and that he is frequently absent from his property. He apologized to the Commission for this matter's taking their time. CHAIR FRIEND asked for the Commission's wish. COMMISSIONER JUENGER MOVED to reverse the decision of the Community Development Director that the construction and occupation of a Second Dwelling Unit in an RR -1 Rural Residential Zoning District does not violate KIBC 17.03.20 — Conformity with Regulations Required, and COMMISSIONER JANZ SECONDED the Motion. COMMISSIONER CARVER noted that it is apparent that Mr. Collins' apartment violates the zoning code despite any sympathies held by Commissioners and that Borough Code dictates the Commission's decision, eliciting CHAIR FRIEND's concurrence. COMMISSIONER JANZ stated her opinion that if a property is vulnerable due to a property owner's absence, the solution generally accepted is the retention of a housesitter, an option which September 20, 2006 P & Z Commission Notes Page 7 of 19 is permissible under Borough Code. COMMISSIONER WATKINS noted that there did not seem to be "a happy medium for everybody" involved in this matter. CHAIR FRIEND authorized a roll call vote, and the motion to reverse was DENIED 6 -0. COMMISSIONER JANZ MOVED to affirm the decision of the Community Development Director that the construction and occupation of a Second Dwelling Unit in an RR -1 Rural Residential Zoning District violates KIBC 17.03.20 — Conformity with Regulations Required, and to adopt the Findings of Fact contained in the Staff Report dated August 21, 2006, as Findings of Fact for Case 07 -006, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. FINDINGS OF FACT [1] The Appellant applied for, and was granted, Zoning Compliance Permit No. BZ89 -156 dated November 16, 1989, for the construction of a Gear Shed permitted under the auspices of prior Chapter KIBC17.52 — Agricultural Buildings. [2] Zoning Compliance Permit BZ89 -156 identifies the applicable zoning district as RR -1 Rural Residential Zoning District, and the existing use as "house ". An unpermitted second dwelling unit has been established in the detached accessory building permitted by BZ89 -156. [4] Multiple dwelling units, as defined in KIBC17.06.220' are not a permitted use in the RR- 1 Rural Residential Zoning District. The Applicant may not rely upon a nonexistent tool (Exception) in order to absolve them of the requirement to observe applicable zoning district regulations. CHAIR FRIEND called for a five- minute recess. [3] [5] CHAIR FRIEND called the regular session back to order. D) CASE: S06 -011 APPLICANT: Northland Ranches, Inc. AGENT: Omar Stratman REQUEST: Request to delete a condition of approval from the preliminary plat approval for Case S06 -011 relating to future access through a portion of the proposed subdivision. LOCATION: A portion of U.S. Survey 4964; Generally located near the intersection of Chiniak Highway and Pasagshak Road. ZONING: C- Conservation CHAIR FRIEND introduced Case No. S06 -011. Staff reported that this matter concerns the removal of one of four conditions for approval of preliminary plat. The condition for which Agent Stratman has applied for removal refers to a 60- foot -wide flag stem designated as an access /utility easement. Staff, looking forward to potential further subdivision, recommended 1 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. September 20, 2006 P & Z Commission Notes Page 8 of 19 that in the case of creation of a service district, upon the Borough's request, the property owner (at the time of future further subdivision) be required to dedicate the easement to public use. Agent Stratman has objected to this condition and seeks its removal. In order to remove the condition, procedurally, it is necessary to "recreate" the process. The Petitioner has paid an additional fee to accomplish this. As staff has summarized the situation, keeping good planning in mind, property owners at a future date may not willingly work together for the sake of the community. However, staff does respect the subdivider's wishes and does not strenuously object to the condition's removal. Staff has provided an appropriate draft motion and revised Findings of Fact. CHAIR FRIEND solicited the Commission's wish. COMMISSIONER CARVER MOVED to amend the preliminary approval for Case S06 -011 to eliminate Condition of Approval No. 3, and the numbering of the remaining conditions as 1 through 3 and to adopt the findings in that staff report dated September 12, 2006 as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing, soliciting testimony, and three being none, he closed the public hearing and reopened the regular session. ACTING DIRECTOR DVORAK, noting the lack of testimony, explained that staff had received no response to the eight public hearing notices mailed in regard to this matter. COMMISSIONER JUENGER noted the staff's wisdom in imposing the condition although it is probably not a necessary condition at this time. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. 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. E) CASE: S07 -002 APPLICANT: City of Kodiak AGENT: Linda Freed, City Manager REQUEST: Preliminary approval of the replat of lots affected by right -of -way acquisitions associated with the Alder Lane and Natalia Lane road improvements project recently undertaken by the City of Kodiak; and a request for a waiver in accordance with KIBC 16.110 to allow a deviation from the explicit provisions KIBC 16.50.050 by permitting the required signatures of affected property owners and equitable owners (e.g. financial institutions) to provide final signatures on documents separate from the plat to be recorded together with the plat at the time of plat filing; and a vacation, in accordance with the provisions of KIBC 16.60 to permit the vacation of a portion of the Natalia Land right -of -way generally located between existing Natalia Lane and Rezanof Drive. LOCATION: Lots in the vicinity of Alder Lane and Natalia Lane ZONING: Varies CHAIR FRIEND introduced Case No. S07 -002. ACTING DIRECTOR DVORAK stated that this is a complicated matter and that the City has engaged in an effort which will improve the September 20, 2006 P & Z Commission Notes Page 9 of 19 area by "clean[ing] up" boundary issues arising from its road and utility project. ACTING DIRECTOR DVORAK explained that the City could have engaged in an abbreviated plat procedure, but because of the vacation of right -of -way and consolidation of lots involved, the course pursued is the preliminary plat procedure before the Commission at this meeting. He noted that the City's project has involved not just changing right of way but, by dint of new lot boundaries, creating new legal descriptions as well, making this a more substantive matter. A large number, comparatively, of lots were assembled, consolidated and/or vacated. Staff has conducted a thorough review of the matter and is willing to recommend approving the plat subject to six conditions arising from the fact that the surveyor hired by the City is not local, rendering them unfamiliar with the Code regulating subdivision and, thus, causing "minor issues" (e.g., ill- conceived or missing information on the plat). Staff has included recommended Findings of Fact. Staff is recommending that the Commission approve issuance of a waiver of the subdivision standard in this matter. Normally, property owners affected in this type of matter must each sign the first page of the amended plat. This procedure requires that three copies of the plat be distributed to each party individually. The City is asking for dispensation from the Commission to follow a different procedure per Borough Code. Pertaining to approval of the right -of -way vacations, ACTING DIRECTOR DVORAK explained that "vacations of right -of- way should not normally be permitted unless an area clearly has no more benefit to the public ". He also believes that Hillcrest was never actually used as a road despite its right -of -way status, but he noted that portions of Natalia and Alder Lanes are "clearly substandard by most road standards" and that some portions there have been vacated and consolidated with adjoining lots. The City contacted and negotiated with affected property owners directly and the project is already completed. Staff mailed public hearing notices which have clearly delineated the changes to the owners, but if the Commission and/or City feels that additional notification is warranted, staff does not object to postponing this matter and engaging in new advertising. ACTING DIRECTOR DVORAK continued by noting that the disposition of Hillcrest Street generated an additional condition for approval and that its features are referred to in Motion Nos. 1 (Condition No. 6) and 3 (approval of right -of -way vacation) due to the right of way, as well as vacation, issues. The vacation requires review by the City under Title 29. Vacation of right -of -way or easement impinging on public interest within the City must be reviewed by the City or, if occurring outside of the City, by the Borough. In addition, another proposed condition for approval requires the City's signature for any new right of way created by this plat, but given the "checks and balances of the process ", staff feels that this matter can be moved forward but is also not opposed to the Commission's postponing the matter. COMMISSIONER JUENGER asked if the outcome of granting the City's application will be that all the affected property owners' signatures will be filed with the Recording District but that the plat with all signature lines will not be circulated, a query to which ACTING DIRECTOR DVORAK responded affirmatively. The City is proposing an effective way which will complete the task efficiently. COMMISSIONER WATKINS MOVED to grant preliminary approval of the Alder — Natalia Subdivision, Lots 1 through 22, and the associated replat of rights -of -way as indicated on the preliminary plat dated July 21, 2006, subject to the conditions of approval contained in the staff report dated September 12, 2006, and to adopt the findings in that staff report as "Findings of Fact" for this case, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. City Manager Linda Freed apologized for being unable to attend the Commission's work session of September 13, 2006, since she was out of town. She went on to thank Borough staff for working with the City and to explain that the matter before them was the result of a long process and that the City wants to finalize the plat and September 20, 2006 P & Z Commission Notes Page 10 of 19 "sort[ -] out" the property lines. She noted that the City had waited to conduct the survey until construction was completed since actual construction does not conform entirely with the construction's documentation. She said that the City desired the Commission's approval so that the City can finalize the plat, record the property transfers through Quitclaim Deeds and "exchange funds with" the affected property owners of the area. She commented that the plat is "very difficult to read" and "complex" as there had been many transfers made in order to accommodate both the City's project and the affected property owners. She noted that the process had "taken a lot longer than we expected ". Clarence McClaren, who identified himself as the owner of Lot No. 11, expressed his appreciation for the Commission's taking the time to consider this matter. He made a note of the City's "good job ", noting, however, that this had been a "long process ". He acknowledged that he had benefited from the vacation of right -of -way as it had added to his property and that he is awaiting the project's documentary completion in order to deconstruct a "cow barn" from "1912" which will add to aesthetic improvement to the area. He noted that there continue to be some minor issues which must be resolved, including the need for future exchanges among affected property owners, an aspect which complicates this as well, and he again thanked the Commission for considering the matter and urged the Commission to approve the City's application. CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. CONDITIONS OF APPROVAL 1. Provide a revised preliminary plat that clearly identifies the portion of Natalia Lane that is to be vacated by this plat, in lieu of the proposed 16 foot wide utility and driveway easement serving Lots 16 and 17. 2. Clarify on the plat that the City of Kodiak is the principal subdivider. 3. Designate Lots 7 and 12 as "Non Development" lots due to their respective lot areas less than 1,000 square feet each. 4. Include a separate acceptance for right -of -way dedications for the City of Kodiak as required by KIBC 16.50.050.E. 5. Include a plat clarifying that zoning information is included as of the date of the plat and that the zoning designations may be subject to change over time. 6. Clearly identify (by crosshatching or other method) where the Alder Lane, Natalia Lane and Hillcrest Street rights -of -way are being vacated where those vacations fall within proposed lots. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, 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. COMMISSIONER WATKINS MOVED to grant a waiver of the subdivision standards, in accordance with KIBC 16.110 to allow the subdivider to obtain property owner signatures and the authorized signatures of associated financial institutions on affidavits that are physically separate from the plat but which will be filed with the plat at the time of recording, and COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session September 20, 2006 P & Z Commission Notes Page 11 of 19 and opened the public hearing. Linda Freed stated that this request is significant to the City, noting that not only can the standard process take a detrimental length of time but documents can stop circulating far from the sender and "more significant ", a "traveling" plat is often destroyed in the course of circulation, making it illegible and requiring the originator to "start over ". The City's proposed solution is part of a "coming wave" in resolving these types of matters. CHAIR FRIEND asked Ms. Freed if the City could apply for an amended plat under Title 16, a query to which Ms. Freed responded that the City would probably be unable to meet Title 16 requirements, noting that the certificate of plat would most likely lapse prior to obtaining all the signatures and that the City had decided to pursue a course of "clean[ing] up" upon the project's completion at the suggestion of ACTING DIRECTOR DVORAK, who asked Ms. Freed if the affected property owners would be sent a copy of the plat for review which is automatically a part of the older, more standard process. Ms. Freed responded that affected property owners will receive a copy of the plat along with an Affidavit which includes their oath that they have reviewed the plat. She noted that this procedure had been designed because it is unlikely that financial institutions would sign any Affidavit relating to a plat if they did not have an opportunity to review the plat themselves. However, she noted that the plat copies will be "simplified" - one suggestion is to prepare individual maps for the affected property owner in the area immediately surrounding the change rather than one map for all 22 property owners. The fully amended plat will be included as well but only on a letter -sized photocopy. CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. FINDING OF FACT 1. The nature and complexity of this subdivision requires some relaxation of the normal plat requirements in order to ensure the re -plat, which is primarily intended to clean up the right -of -way configuration and consolidation of lots associated with the Alder and Natalia Lane road and utility improvements, is completed and recorded within a reasonable time - frame. COMMISSIONER WATKINS MOVED to grant approval of the vacation of portions of Alder Lane, Natalia Lane and Hillcrest Street, as indicated on the plat dated July 12, 2006, subject to the following condition of approval - [ACTING DIRECTOR DVORAK suggested confirming the date on the plat in front of the Commissioners, and while the Commissioners took up his suggestion, he discovered that the reduced copy he had stated the date as July 21, a fact confirmed by COMMISSIONER WATKINS.] COMMISSIONER KING SECONDED the motion. CHAIR FRIEND closed the regular session and opened the public hearing. There being no further testimony, CHAIR FRIEND closed the public hearing and reopened the regular session. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED 6 -0. CONDITION OF APPROVAL 1. The revised preliminary plat shall be submitted to the City of Kodiak Council for review and approval of the right -of -way vacations noted on the plat. FINDING OF FACT 1. This review is required both by Borough Code and by Title 29 Alaska Statutes. September 20, 2006 P & Z Commission Notes Page 12 of 19 F) CASE: 07 -007 APPLICANT: Kodiak Island Borough REQUEST: CIP CHAIR FRIEND introduced Case No. 07 -007 regarding the Borough's Capital Improvement Projects list. ACTING DIRECTOR DVORAK reminded the Commission that they should use the revised 8.5" x 11" copy of the list for their review. He also reminded them that at the work session, the Commission had discussed the way the CIP program works, the reason for its existence and the need to review this list on an annual basis. He further noted that the scores appearing on the list could have been made by the Commission itself, the Parks and Recreation Committee or staff, stating that the Commission has the power to change the score. He then explained the scoring mechanism, noting that if the Commission determines that a score is too low or too high, they should move to change it so that staff can incorporate the desired score (which can change a project's ranking) for forwarding to the Assembly. COMMISSIONER JUENGER asked when the Commission's recommendations would need to be received by the Assembly, a query to which ACTING DIRECTOR DVORAK responded by stating that pursuant to Borough Code, the deadline for the Commission's forwarding recommendations to the Assembly is October 1 — i.e., 90 days before the end of the calendar year. He noted that the Assembly desires the Commission's recommendations at this time so that they have time to adopt Resolutions which annually update the CIP list for distribution to State officials in Juneau, lobbyists or other agencies who request the Borough to communicate the community's needs. CHAIR FRIEND expressed his desire for more time to review the list but noted that he is willing to move ahead on it. Of particular concern to him were the state of local football fields and projects to relieve "dramatic" overcrowding at the high school. He noted that the School Board included such a project on their list for the Assembly, and he asked if the Commission could add to make a higher score for this project. ACTING DIRECTOR DVORAK responded that the Commission can make additions to the list via motion, that the Assembly had added these projects to the list last year "at the last minute ", that staff was not specifically informed as to how these projects came to be added to the list although they are aware of the additions. He noted that School District's list is not consolidated with the list before the Commission, and staff would not have the knowledge to score School District - generated projects properly. He pointed out that for projects which the Commission would like to see on the list, their wishes would be best accomplished by a motion to add a project to the list and direct staff to "do its best" to score it. This process would move a project onto the list, but "ultimately ", it is the Assembly which decides the Borough's priorities. ACTING DIRECTOR DVORAK reiterated that "this is a multi- year list" subject to the Commission's annual review. He reminded the Commission that there is an "A list" of projects and also a `B list ". He noted that during the course of the annual reviews, some projects are removed from the list because they have received funding through grants or local fundraising efforts. CHAIR FRIEND expressed his willingness to entertain a motion to add what he believes the School District calls a "Kodiak Wellness and Learning Facility" (he directed staff to obtain the correct term from the School District for addition to the list). COMMISSIONER JANZ stated that she had two possible suggestions for the list, leaving it to the Commission as a whole to determine if they should be added. She expressed her concern in regard to the extremely limited outdoor space available to the high and middle schools' physical education classes, noting that it is her belief that better facilities should be provided. COMMISSIONER JANZ noted that she has this concern because of the current outdoor facility's September 20, 2006 P & Z Commission Notes Page 13 of 19 lack of availability during football season. She stated that her second concern, only recently made apparent to her, is the issue of security of the playground at Main Elementary School, where the playground area lacks fencing, enabling "a lot of traffic" to traverse the playground. This is a dramatic contrast to the current attitude of protecting the children through precautions such as locking the school's doors and lock -down drills. In her own experience, she has observed strangers who sit and watch the children on the playground. She noted that fence installation is "fairly expensive ". She expressed her uncertainty as to whether or not such a project belongs on the list, and CHAIR FRIEND expressed his opinion that it might but noted that he too is uncertain as to the appropriateness of adding such a project to the list. COMMISSIONER KING MOVED to add a wellness and learning facility for outdoor activities for children to the CIP list, and the motion was SECONDED by COMMISSIONER JANZ. A voice vote was called, and the motion CARRIED unanimously, 6 -0. COMMISSIONER WATKINS expressed his desire to add a footpath and emergency egress along the shadow line of the bridge from the Channel to Rezanof Drive, noting that the "only technical part" of this addition would be the construction of a suitable landing for the staircase from Rezanof Drive "so you don't end right up in traffic" and that the remainder of such a project is essentially "grade work ". CHAIR FRIEND MOVED to add a footpath and emergency egress along the shadow line of the bridge from the Channel to Rezanof Drive to the CIP list, and the motion was SECONDED by COMMISSIONER JANZ. A voice vote was called, and the motion CARRIED unanimously, 6 -0. CHAIR FRIEND expressed his willingness to entertain a motion that the Commission forward their amended CIP list to the Assembly. COMMISSIONER KING MOVED to forward the amended CIP list to the Assembly, and the motion was SECONDED by COMMISSIONER JANZ. CHAIR FRIEND closed the regular session and opened the public hearing. Ms. Freed expressed her desire to describe the City's process for prioritizing and funding its projects — especially in light of the two projects which the Commission had just added to their CIP list. The City does not accept staff's invitation to add its projects to the Borough's CIP list because it has its own process which entails generating "its own CIP list for different functions" — e.g., the City maintains separate water, street and sewer improvement list. Ms. Freed went on to say that the City, through the City Council, conducts an annual review of its lists, choosing 5 or 6 projects of greatest significance to the City or of such size and scale that the City cannot fund the projects alone; the City Council then prioritizes these projects. The City then distributes one version of the list to the State Legislature and a second version of the list to the State's federal Congressional delegation. Ms. Freed cited the Willow Street sewer and water replacement project's Phase II as an example of a project which will be on the City's list for this year. She stated that the City has almost completed the Willow Street project's Phase I. She stated that the cost of said Phase I was approximately $3 million for construction and that the City had been solely responsible for its funding through City revenue. The City is hoping, however, that next year, for Phase II, they will be awarded the matching grant offered by the Department of Environmental Conservation for such projects (which would represent half of Phase II's costs). Said Phase II, in light of the City's goal of obtaining the DEC grant, will be one of the top projects on the list distributed to the State (via Resolution) since the State awards top - priority projects more points when reviewing grant applications. The list is usually ready for forwarding to the new legislative session Juneau or Washington, D.C. in December or January. It is the City Council's opinion that the projects they choose are of such importance to the City and its residents that they employ this process in order to have the chosen projects "stand out" and that September 20, 2006 P & Z Commission Notes Page 14 of 19 therefore, they have no wish to include these projects on a list with "a hundred other projects ". Ms. Freed continued by explaining that it is through a public process that the Resolutions making the "short list" clear are adopted. She wanted to inform the Commission of work which has been initiated by the City which have some bearing on the Commission's recommended additions to the Borough's CIP list, and she wished to provide the Commission with the background thereto. The first area she wished to discussed was access between Mission Road and Rezanof Drive. She noted that there is an informal trail which pedestrians use to traverse the route. A project formalizing the trail and emplacing walkways will be "difficult" inasmuch as its route over private property will entail a great deal of time and documentary creation in order to accomplish the project. The City is considering the installation of a metal stairway similar to those already emplaced in other access locations. The City is also considering constructing connecting pathways and posting signage. The City has placed this project on its transportation list. As for "the other project ", the City has received $100,000 from the State Legislature with regard to redesigning and engineering the City's Baranof Park, which is the current site for the high and middle schools physical education classes as the School District has no outdoor recreational facilities for high and middle school students. Baranof Park is the subject of a multi -year joint - use agreement recently signed by the City, Borough and School District which formalizes the pre - existing arrangement between the three parties — e.g., times are now formally set aside by the City for the School District's use (by any of its multiple schools) of the park. This means, for example, that the public is denied access to the park for the times set aside for school use. The City feels that there are "public needs for the community as well as very specific needs related to School District recreational activities ". She cited as examples the installation of a shotput facility, noting that "there's not too many of us" in need of such an improvement, or a high jump facility but that these facilities have been "identified in terms of location in the future" and that to move forward efficaciously at the park shows that this can be a joint -use facility. The City's Parks and Recreation Committee is still engaged in working on this project which remains in the concept stage. As part of its planning process, the City is estimating the total cost of this improvement project, the cost of improvements which accommodate the School District's needs and the cost of improvements which accommodate the community as a whole. The City intends to ask the Borough and the School District to help support the cost of the improvements made to accommodate the School District's needs. The City is extremely interested in continuing to work with both the Borough and the School District in order to provide joint -use facilities because this is, in the City's view, the most efficient way to provide the facilities to the community. Ms. Freed cited as an example the shed at Baranof Park which, because of an act of vandalism, burned several years ago. The School District lost all of their hurdles and other track equipment, but the City paid for the shed's replacement. The City views improvement of Baranof Park as an important project not only for itself but for the greater community. The track, which was a 15- year track but is now in its 18` year of use, has "outlived its life" and probably will not sustain mere maintenance "much longer ". The City has obtained cost estimates for its replacement, and the School District's coaches have requested that the City add two lanes to the track in order to conduct regional meets locally. Again, this type of improvement is not needed for City or community residents who use the track, but it could be important to the School District's recreation program. The City hopes to have a plan which they can bring to the Borough and the School District within the next three months. Ms. Freed added that the City also has a long list of in -City projects which they are reviewing. CHAIR FRIEND thanked Ms. Freed for her appearance, taking special note of its informative nature, and he closed the public hearing and opened the regular session. COMMISSIONER KING stated that he would be unable to vote in September 20, 2006 P & Z Commission Notes Page 15 of 19 favor of forwarding the CIP list in its current state because seven days of review is not enough, a sentiment shared by CHAIR FRIEND, who asked staff to explain the consequences of postponing the forwarding of the list to the Assembly by a month. ACTING DIRECTOR DVORAK stated that the consequences of missing the deadline are uknown to him. However, in his review of "all the Resolutions ", he noticed that they are usually approved in December or January (immediately prior to the legislative session). He noted that October is "an elections month" and that in November, Assembly members attend AML, thus altering the Assembly's regular meeting schedule although ACTING DIRECTOR DVORAK is unaware of whether or not the Commission's recommendation is actually circulated for review by Assembly members during those months. However, he did not think it impossible to delay the Commission's forwarding of a recommendation to mid - October as long as the Assembly is notified of the delay with an explanation. He reiterated that this would constitute a violation of the ordinance however. COMMISSIONER JUENGER expressed his reluctance to forward a recommendation given the short timeframe for review, noting his awareness, however, of the current staffing problems and his appreciation of staff's efforts. He stated that he would dissent from a vote approving forwarding of the list "if only to send the message" that he wanted more time for review. He expressed his view that it was a "harsh outcome that we miss a deadline ... given the history of the Assembly's ability to address the list in what might be considered a timely manner ". He stated that he is not lobbying against forwarding the Commission's recommendation but merely expressing his support for COMMISSIONER KING's contention that more time is needed to review the list, adding that given his status as a "newcomer, the Commission can give his comments the weight they believe them to deserve. COMMISSIONER JANZ asked if the Commission would decide to hold a special session to review the list and discuss it if the Commission's recommendation is to be delayed by a month. A discussion regarding a special session ensued. CHAIR FRIEND asked staff if the Commission's recommendation, as the result of a work session can be forwarded to the Assembly. ACTING DIRECTOR DVORAK responded by saying that a recommendation, as a body, cannot be made as a result of a work session but explained that the Commission is confronting two different issues: manipulating the list and making a formal recommendation which must be made at a regular meeting. COMMISSIONER CARVER asked if a work session and a special meeting can be held "back to back, an hour apart". A discussion of procedural mechanics ensued. CHAIR FRIEND informed the Commission that it is their decision and that he is willing to schedule a special session. COMMISSIONER WATKINS stated that it was his wish that the entire Commission support a recommendation forwarded to the Assembly. CHAIR FRIEND expressed his desire for more information. COMMISSIONER CARVER expressed his support for holding a special meeting. COMMISSIONER JUENGER stated that a special meeting provides him with the incentive to "pursue it hard ". CHAIR FRIEND proceeded to move to postpone the matter until the special meeting of September 27, 2006. COMMISSIONER KING SECONDED the motion. CHAIR FRIEND authorized a roll call vote, and the motion CARRIED unanimously, 6- 0. CHAIR FRIEND noted that the Commission would return to the issue of the special meeting in the discussion of Reports, below. VII. COMMUNICATIONS A) Letter of Courtesy and Advisory, M & H Corriere, 3668 Puffin Circle B) Notes of August 30, 2006 Work Session Regarding Women's Bay Comprehensive Plan September 20, 2006 P & Z Commission Notes Page 16 of 19 COMMISSIONER JANZ MOVED TO ACCEPT Communications as presented. The motion was SECONDED by COMMISSIONER.WATKINS, and upon voice vote, it CARRIED 6 -0. VIII. REPORTS A) Meeting schedule: • October 11, 2006 work session at 7:30 p.m. in the KIB Conference room. • October 18, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. ACTING DIRECTOR DVORAK explained that there were "a couple" of items which staff would like to report to the Commission. He asked if the Commission would confirm that they had requested recording of their work sessions and, if so, were these recordings to be treated as minutes or notes. CHAIR FRIEND confirmed that the Commission had requested the recording of work sessions in order to help them in their discussions by noting more comments and to "get more work done ". ACTING DIRECTOR DVORAK noted that the notes of the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, given the informal nature of work sessions and the fact that the secretary attending the meeting was a temporary one unfamiliar with procedure at the time, are definitely only notes as conversation took place at a speed which at times exceeded the speed at which staff could record it. He pointed out that there are "parenthetical remarks" which indicate a lack of clarity in the notes. He noted that staff would appreciate the Commission's further direction with regard to their expectations for notes of the work sessions. He stated that generation of the notes consumes a lot of staff time. He noted also that these type of notes, given that they serve only as reference material, will not be stored with the minutes of regular meetings as minutes are the formal record of official actions taken by the Commission. CHAIR FRIEND recollected that in a previous discussion of note - taking at the work sessions, the point that notes would be taken but not adopted and that they would serve as reference material only if a problem with a case arose. ACTING DIRECTOR DVORAK expressed the opinion that given that the informal nature of these notes, they can be edited to make corrections or to add missing details. COMMISSIONER KING noted that while the documentation of the August 30, 2006 was well done, it is not necessary to create or retain notes as extremely detailed as those. ACTING DIRECTOR DVORAK sought clarification of the comment by asking if the Commission merely wants the notes "as a fall- back ", a query to which he received an affirmative response. CHAIR FRIEND asked if staff would be distributing notes after each work session, a query to which ACTING DIRECTOR DVORAK responded by saying that the conveyance of the August 30, 2006 notes had occurred in order to discuss note - taking in general by proffering the Commission an example of the work product. COMMISSIONER CARVER noted that he had found the detailed notes extremely helpful since he was unable to attend the August 30, 2006 work session. ACTING DIRECTOR DVORAK asked the Commission to advise staff at any time of any further thoughts on the subject which they might have. CHAIR FRIEND asked to be told the amount of staff time which generating the notes had consumed, a query to which ZOE PIERSON responded by saying that it had taken her between seven and nine hours (spread over a couple of days). CHAIR FRIEND, concluding a discussion of the notes' contents, commented that he believed that the time spent was more time than was necessary to accomplish the Commission's purpose in keeping such notes. ACTING DIRECTOR DVORAK suggested that staff would review and refine the process now that this discussion had taken place. COMMISSIONER CARVER, noting the need at times for detailed reference material, asked for confirmation that audiocassette recordings will continue to be available, a query to which ACTING DIRECTOR DVORAK responded affirmatively. COMMISSIONER September 20, 2006 P & Z Commission Notes Page 17 of 19 CARVER noted that an abbreviated summary document would be very useful and would reflect the Commission's wishes more completely. ACTING DIRECTOR DVORAK noted that at the August 30, 2006 work session regarding the Women's Bay Comprehensive Plan, the Commission had planned to have an additional work session on the issue on September 27, 2006, the date which the Commission had just chosen for a special meeting to discuss the CIP list. He further noted that staff had been planning to make the revisions to the Women's Bay Comprehensive Plan which had been generated by the August 30, 2006 work session by September 13, 2006, but that since the work session, the staff had been "flooded" with new chapters relevant to its responsibilities from the Borough -wide comprehensive plan as well as other responsibilities, thus impeding staff's ability to comply with that schedule. Completion of the revisions is anticipated by the "end of this month" — i.e., two to three weeks before the October 18, 2006 meeting, when the issue is on the Agenda. ACTING DIRECTOR DVORAK has informed the area residents who have contacted staff of the delay but expressed his desire to have the delay noted on record, reiterating the reason as being staff's lack of time. CHAIR FRIEND responded that the Commission had previously discussed the staff's potential need for an extension of time with regard to this issue due to staffing issues. ACTING DIRECTOR DVORAK thanked the Commission, and CHAIR FRIEND formally requested that staff place an advertisement for a September 27, 2006 special session, to take place at 7:00 p.m. COMMISSIONER JUENGER MOVED that the reports be accepted as submitted, and COMMISSIONER WATKINS SECONDED the motion. Upon voice vote, the motion was CARRIED unanimously, 6 -0. IX. AUDIENCE COMMENTS CHAIR FRIEND solicited comment, but there was no response. X. COMMISSIONERS' COMMENTS CHAIR FRIEND solicited comment and recognized COMMISSIONER JANZ, who thanked City Manager Linda Freed for her comments and informing the Commission of the City's plans; she also thanked Steve of CableVision for "always being out there" and the temporary secretary for her "good job ". COMMISSIONER JANZ concluded her remarks by saying that this had been a "good meeting ". COMMISSIONER KING thanked staff, noting that they are doing a "good job in light of their being short on personnel ". He went on to say that he had printed the Borough - wide comprehensive plan and that he found it "really interesting, fantastic reading "and that his opinion is that it can be worked into neighborhood comprehensive plans to make those plans "really good" as well. COMMISSIONER CARVER also thanked the staff, noting they are "doing well" "under duress ", and he thanked City Manager Freed for her "really good" explanation, and he noted that he too had observed "a lot" in the Borough -wide comprehensive plan and that it is time to "plug in and retool all that" and he encouraged his fellow Commissioners to review it if they have not done so already. COMMISSIONER KING noted that "there is a lot of information ". COMMISSIONER WATKINS thanked the staff and the audience for their attendance at this meeting. COMMISSIONER JUENGER affirmed COMMISSIONER WATKINS' comments and expressed his appreciation to his fellow Commissioners for having scheduled a special meeting to consider the CIP list, and he thanked the staff again for their work given the fact that they are "short- handed ", and he noted his appreciation, given his status as a new Commissioner, for City Manager Freed's praise regarding the efforts made by the City, Borough and School District to complement each other's efforts September 20, 2006 P & Z Commission Notes Page 18 of 19 CHAIR FRIEND affirmed the comments made previously with regard to staff and made a jovial comment addressed to City Manager Freed. XI. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:31 p.m. ATTEST By: Zoe Pierson, Temp. S ' reta Community Development Dept. DATE APPROVED: Octobe 2006 September 20, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONIN C • . MISSION By: errol 'Fend, Chair P & Z Commission Notes Page 19 of 19 PLANNING AND ZONING COMMISSION SPECIAL MEETING SEPT. 27, 2006 9:50 p.m. KODIAK ISLAND BOROUGH CONFERENCE ROOM MINUTES I. CALL TO ORDER VICE CHAIR KING called the Special Meeting to order at 9:50 p.m. II. ROLL CALL Commissioners Present Jerrol Friend — Chair David King X Gary Carver X Brent Watkins X Dennis McMurray X Casey Janz X Gary Juenger X A quorum was established. CASE: 07 -007 APPLICAN: Kodiak Island Borough REQUEST: CIP September 27, 2006 Excused Absent Others Present X Duane Dvorak, Acting Director Community Development Dept. Zoe Pierson, Secretary Community Development Dept. David King Scott Arndt COMMISSIONER CARVER MOVED to excuse CHAIR FRIEND, and the motion was SECONDED by COMMISSIONER JANZ. The motion was called by VICE CHAIR KING, and it CARRIED 5 -1. VICE CHAIR KING noted that the first item on the Agenda is Case No. 07 -007. COMMISSIONER WATKINS moved to accept the amended CIP list to be forwarded to the Assembly, and COMMISSIONER CARVER seconded the motion. ACTING DIRECTOR DVORAK explained that this is a "five -year capital project program" which is reviewed by the Commission on an annual basis and to which the Borough extends invitations to all Borough communities to contribute. He noted that the Parks and Recreation Committee had made changes to the list before it was received by the Commission, which has now reviewed the list thoroughly. VICE CHAIR KING asked if further discussion was warranted. VICE CHAIR KING closed the special meeting and opened the matter for public hearing. P & Z Commission Special Meeting Page 1 of 4 U l 5 OCT 1 9 2006 BOROUGH CLERK'S OFFI( Mr. Arndt addressed the Commission, saying that he had noticed that the addition to Bayside Fire Department's station, a project which will cost approximately $1 million (for one engine and one tanker), does not appear on the list. VICE CHAIR KING commented that the engine purchase had already been funded, and Mr. Arndt stated that the tanker has not yet received funding, noting, however, that "the majority" of the addition's cost was funded as well. ACTING DIRECTOR DVORAK stated that these projects can be added to the list at this moment if the motion is amended, noting, however, that projects added at this point would need to be scored. Mr. Arndt requested that the Commission add the Bayside Fire Department's addition and tanker project to the list and also the Women's Bay facility addition project, at which point ACTING DIRECTOR DVORAK interjected in order to point out that the addition to the tsunami shelter is on the list and was discussed during the work session earlier this evening. COMMISSIONER JANZ stated her recollection that in the event of a tsunami, "they would pull the trucks out ". Mr. Arndt repeated his request that the Commission add the Bayside Fire Station's 4 -bay addition and tanker projects, stating that the addition's cost would be between $1 and $1.2 million (and it is partially funded). COMMISSIONER CARVER noted that the listed cost should be $1.2 million. ACTING DIRECTOR DVORAK inquired as to the cost of the tanker project, and Mr. Arndt, in response to COMMISSIONER MCMURRY's estimate, stated that he believed there had been a $24,000 increase, making the total figure $300,000. VICE CHAIR KING closed the public hearing and reopened the special meeting. COMMISSIONER WATKINS suggested starting the scoring process with the tanker project, a suggestion to which COMMISSIONERs CARVER and MCMURRY, noting that the project had been on last year's list, agreed. VICE CHAIR KING solicited the score under "Economic Benefits ". COMMISSIONER CARVER suggested a score of `3', to which COMMISSIONER WATKINS assented. VICE CHAIR KING solicited the score under "Health and Quality of Life ", and COMMISSIONER CARVER suggested a score of `3'. VICE CHAIR KING solicited the score under "Safety ", and COMMISSIONER CARVER suggested a score of `4'. VICE CHAIR KING solicited the score under "Public Support", and COMMISSIONER MCMURRY suggested a score of `3'. VICE CHAIR KING solicited the score under "KIB Capital Cost ", suggesting himself a score of `5' and repeating this for "% Other Capital ". He then solicited input from ACTING DIRECTOR DVORAK with regard to "Code Issues ". COMMISSIONER MCMURRY asked ACTING DIRECTOR DVORAK if a `0' would be an appropriate score. ACTING DIRECTOR DVORAK responded that he is unfamiliar with the code value but that there would be economic benefits involved in terms of insurance, and he suggested a score of `5' under "Permit ". VICE CHAIR KING asked if the project should be listed under "Utility and Other Projects ", a query to which ACTING DIRECTOR DVORAK responded affirmatively. COMMISSIONER CARVER stated that the total score is `86'. VICE CHAIR KING directed the Commission's attention to the addition at a cost of $1.2 million, asking for the identification of the funding source. ACTING DIRECTOR DVORAK suggested a score of `3' each for the "KIB Capital Cost" and "% Other Capital ". COMMISSIONER WATKINS noted that the project proffers economic benefits inasmuch as it is a construction project, and COMMISSIONER JUENGER noted that this should be "sizeable ", suggesting a score of `3' or `4'. COMMISSIONER CARVER asked the Commission for confirmation of the "Economic Benefits" score, and VICE CHAIR KING suggested that it be `4', a suggestion taken up by both COMMISSIONERS WATKINS and JUENGER. VICE September 27, 2006 P & Z Commission Special Meeting Page 2 of 4 CHAIR KING solicited a score under "Health and Quality of Life ", and COMMISSIONER WATKINS suggested a score of `4'. VICE CHAIR KING solicited the score under "Safety ", and COMMISSIONER WATKINS suggested a score of `4'. VICE CHAIR KING solicited a score under "Public Support", and both COMMISSIONERS WATKINS and MCMURRY suggested a score of `3'. VICE CHAIR KING inquired as to "Code Issues ", a query to which, after general discussion, ACTING DIRECTOR DVORAK responded by suggesting a score of `1' as there is a potential code issue inasmuch as the project will require agency review due to the zoning designation of Public Use in the area. COMMISSIONER WATKINS confirmed that the score under "Permit" is `3', and ACTING DIRECTOR DVORAK responded in the affirmative. VICE CHAIR KING solicited a motion to amend the previously made motion, and COMMISSIONER MCMURRY moved to amend the motion to include a tanker for Bay Side Fire Department and an addition to the fire hall at Bayside Fire Department. COMMISSIONER JANZ SECONDED the motion. VICE CHAIR KING closed the special meeting and opened the public hearing. Mr. Arndt thanked the Commission for its inclusion of the proposed projects. VICE CHAIR KING thanked Mr. Arndt, closed the public hearing and reopened the special meeting, asking if the Commission felt further discussion was warranted, a query to which he received no response. VICE CHAIR KING authorized a roll call vote, and the motion to amend the motion CARRIED 6 -0. VICE CHAIR KING then authorized a roll call vote with regard to the motion to accept the amended CEP list to be forwarded to the Assembly, and the motion CARRIED 6 -0. IV. REPORTS VICE CHAIR KING asked staff for its reports. ACTING DIRECTOR DVORAK reminded the Commission that next month's meeting is scheduled for October 18, 2006. V. AUDIENCE COMMENTS VICE CHAIR KING solicited audience comments, but there were no audience comments. VI. COMMISSIONERS' COMMENTS VICE CHAIR KING solicited Commissioners' Comments. COMMISSIONER MCMURRY stated that this would be his last meeting since his term expires at this time, but ACTING DIRECTOR DVORAK explained that his term extends to the end of the calendar year. VICE CHAIR KING asked when the Commission will have to attend to this issue. ACTING DIRECTOR DVORAK responded that the opening of COMMISSIONER MCMURRY's seat should be the subject of current advertising and suggested "tak[ing] the opportunity [to advertise] now ". VICE CHAIR KING pointed out that his term's expiration is approaching at the end of this calendar year as well. September 27, 2006 P & Z Commission Special Meeting Page 3 of 4 VII. ADJOURNMENT VICE CHAIR KING adjourned the meeting at 10:12 p.m. ATTEST By: Community Development Department DATE APPROVED: October 18, 2006 September 27, 2006 Zoe Pierson, Temp. KODIAK ISLAND BOROUGH PLANNING AND ZONING • MMISSION By: Jerrol Friend, Chair P & Z Commission Special Meeting Page 4 of 4 Women's Bay Service Area Board Regular Meeting Minutes April 10, 2006 CALL TO ORDER 7:00 pm Members Present — Chris Lynch, John Isadore, Dave Conrad, Spencer Schaeffer, Craig Breitung Guests Present — Justin and Kerry Woods, Kevin Arndt Citizen's Comments — Justin and Kerry appreciate the volunteers. They voiced concerns regarding the corner of Gara Dr. and South Russian Creek Drive. We will address the drainage issue when KEA does their upgrade later this spring. Approval of Minutes — Minutes from the March 8 meeting were approved as submitted. Old Business Fire Department — • New tanker truck status — We received final pricing; $11,761 is the remaining balance for additional equipment on tanker. • SOP status —on hold. • Surplus of engine — We have paperwork waiting for KIB approval. • Racks for turnouts have been completed. Road Service Area — Periodic grading continuing. New Business Fire Department — • 2 volunteers to attend trench safety and emergency rescue training this spring. • NTE $1500 for hose for pumps that were purchased with wildland grant was approved by the board. • Tenants will be moving this spring. • Volunteers will be working on PR. Road Service — • Generating work list with the following items to be included. Grade Bells Flats Rd, Nixon Ranch area and Sargent Creek @ the bunker. Junk Vehicles Culvert on Chiniak Dr. needs to be repaired. Lake Orbin culvert w/ rip rap; add boulder across from asphalt plant Brushing w/ chain saws throughout the District, Road topping. Pull ditches & guard rail berms everywhere. Lake Orbin culvert edge. Gara Drive — KEA & ACS, need to lower lines; re- establish ditches; lower culvert; check other culverts. Meeting was adjourned at 8:00 p.m. Next Meeting —May 8, 2006 at 7 p.m. rjItctfully Submitt - Chair Person Witness Women's Bay Service Area Board Regular Meeting Minutes August 14, 2006 CALL TO ORDER 7:15 pm Members Present — Chris Lynch, Dave Conrad, Ed Gondek, Scott Griffin, Spencer Schaeffer, Craig Breitung Guests Present — Dale Rice, Kevin Arndt Citizen's Comments — None Approval of Minutes — Minutes from the June 15 meeting were approved as submitted. Old Business Fire Department — • New tanker truck status — Trying to get grant extended — haven't heardback from granting agency; going to inspect truck Sept. 7 & 8, need authorization for Dave to accept the truck. • SOP status —on hold. • Surplus of engine — Dave will get more details for surplusing truck; Board motioned and approved to take gray van to Nick's metals for recycling. CEodE OCT 1 92006 BOROUGH CLERK'S OFFICE Road Service Area — • Budget Update — Chris explained that our current budget shows an overage in the maintenance category; 2007 expenses got charged in 2006; Board motioned and approved that we absorb maintenance overage; do not do a budget adjustment. • Kevin gave a status report • KEA has been working on Gara Dr. and will move to Women's Bay Dr. next. New Business Fire Department — • Completed sponsorship & training last weekend. • Dave got proposals from 4 vendors for new fold a tank, tarp, hose, etc for new tanker. Board motioned and approved to expend money to pay low bidder $14,000 for materials specified. Road Service — • Discussed driveway culverts at 3 driveways; Tandy Ford, Rusty Pruit and another on Middle Bay Dr. • Discussed ROW intrusion on Cottonwood Circle, Nixon Ranch and Pavlof Circle Board Member Comments — Abandoned vehicles were discussed. Meeting was adjourned at 8:00 p.m. Next Meeting — September 11, 2006 at 7 p.m. 1 Chair Person Witness Women's Bay Service Area Board Regular Meeting Minutes September 11, 2006 CALL TO ORDER 7:10 pm Members Present - Chris Lynch, Dave Conrad, Ed Gondek, Scott Griffin, John Isadore Guests Present - Ed Hamlin Citizen's Comments - None Approval of Minutes - Minutes from the August 14 meeting were approved as submitted. Old Business Fire Department - • New tanker truck status - Dave and Ed went to Florida to inspect truck. Our grant was extended to December 6. • SOP status -on hold. • Surplus of engine - Dave did get more details for surplusing truck on our own. Road Service Area - • KEA has completed work on Gara and is working on Women's Bay Dr. • ACS repaired area in front of Fire Station. New Business Fire Department - • Dave and Ed presented Powerpoint on their trip south. Tanker should arrive in Oregon around September 14. • Motioned and approved to purchase and install radio in the truck for $2650. Road Service - • Chris will request to have Nixon Ranch Turn around surveyed. Board Member Comments - Fire Prevention Week. Meeting was adjourned at 8:00 p.m. Next Meeting - October 9, 2006 at 7 p.m. Chair Person Witness DECEIVE u li OCT 1 92006 BOROUGH CLERK'S OFFICE ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - October 9, 2006 SUMMARY OCT gEcIEIIVE 1 a 2006 BOROUGH CLERK'S OFFICE APPROVED: Motion to approve a certificated contract for the 2006/2007 school year to Judith Clayton - BA +0/6 in the amount of $17,511, plus $394 village stipend and $394 special education stipend for .43 FTE Port Lions School. APPROVED: Motion to enter into Executive Session to discuss negotiations following the work session, with Superintendent Betty Walters available. APPROVED: Motion to adjourn. A. Call to Order The meeting was called to order by the Chair at 5:28 pm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Sharon Lea Adinolfi and Jessica Kepley. C. Approval of Agenda D. Approval of Minutes Minutes Architectural/Engineering Review Board Meeting 8 August 2006 - 5:30pm KFRC Conference Room It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. It was moved and seconded that the Minutes of 26 July 2006 be approved as submitted. There was a unanimous affirmative voice vote. E. Review of Proposals for New ADF &G Building B. Cassidy noted that all Proposers had been notified that the review and interview period of their Proposals would be delayed. All Proposers elected to extend the validity of their Proposals [beyond the original 90 day period]. He also noted that a site had not yet been selected. J. Friend questioned the decision making process: the Facility will be Borough owned and the site City owned. The Borough will negotiate the site with the City. The ARB may make a recommendation. S. Arndt asked for Board Members' suggestions for selecting the "short list ". It was the consensus that each Member list their top 4 selections. OCT fircEnyER , s 2006 BOROUGH CLERK'S OFFICE J. Johnston questioned if the City had specific criteria for which site they [the City] would keep. B. Cassidy suggested that the City would probably make that decision based on which site would be more valuable [to the City] to keep. S. Arndt: ECl/Hyer and USKH — top firms RIM, KPB, P/T and ASCG — possibilities \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2006\Minutes ARB 8 August 2006.doc Page 1 of 3 J. Friend: ECUHyer and USKH — top P/T and ASCG — 3rd and 4th B. Watkins: P/T ECUHyer RIM C. Jerling: ECUHyer P/T USKH KPB R. Oswalt: ECUHyer P/T USKH KPB J. Johnston: USKH ECUHyer RIM ASCG G. Hacker: USKH P/T ECUHyer RIM Short list selected: ECUHyer, USKH, Porath/Tatom and RIM Architects. There was a brief discussion re the sequence of interviews — the Board would like to see the "new" firm, RIM, interviewed last and to have ECUHyer and USKH interviewed on different evenings. J. Friend made a Motion to invite the 4 selected firms to interview. J. Johnston seconded the Motion. There was a unanimous roll call vote. Interviews are scheduled for 29 and 30 August 2006 — subject to change if there are any conflicts [P &Z ?]. G. Public Comments None. \ \dove\Departments \EF \Architectural Review Board \ARB Minutes 2006\Minutes ARB 8 August 2006.doc Page 2 of 3 H. Board Comments J. Johnston commented on the Proposers designing around — satisfying — the tenant [F &G] rather than the owner and he questioned the input the Borough would have in the design. B. Cassidy said that the design should meet the needs and interests of the user but the Borough should definitely have a role in the design. J. Johnston also noted that RIM appeared to be strong in LEED. R. Oswalt commented that he would like to "get on with the pool ". There were no other Board comments. I. Adjournment The meeting was adjourned at 6:05 pm. Respectfully submitted: ' . 4111(..! Sharon Lea• ' , Project Assistant KIB Engineering/Facilities Dept. Scott Arndt, Chair Architectural /Engineering Review Board Cy placed in ADF &G File Date: -26;) d‘ \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2006\Minutes ARB 8 August 2006.doc Page 3 of 3 Report to the Kodiak Island Borough /City of Kodiak from the Gulf Alaska Groundfish Task Force October 9, 2006 1. The Task Force acknowledges that following the election of a new Governor, the State of Alaska is likely to request that the North Pacific Fishery Management Council (NPFMC) suspend action on Gulf of Alaska groundfish rationalization for an indefinite period of time. The Task Force is not taking a position on whether the NPFMC should do so. 2. The Task Force recommends that the City and Borough extend the Task Force's duration, and charge the Task Force with continuing its consensus - building discussions regarding Gulf of Alaska groundfish rationalization issues and alternatives. 3. The Task Force recommends that the City of Kodiak and the Kodiak Island Borough request the NPFMC take the following Gulf of Alaska groundfish management actions as soon as possible, even if the NPFMC suspends consideration of Gulf of Alaska groundfish rationalization: a. Initiate an allocation of Gulf of Alaska Pacific cod among gear groups. b. Initiate a phase -out of the offshore sector in the Gulf of Alaska. c. Initiate a discussion paper on identifying and removing latent licenses from the Gulf of Alaska groundfish sectors that are subject to the License Limitation Program. LIECEOVE OCT 1 3 2706 BOROUGH CLERK'S OFFICE