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2008-01-17 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 17, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter 7 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Alaska Aerospace Development Corporation Update — Dale Nash 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. *Contracts 1 Contract No. FY2008 -23 Authorizing the Borough Manager to Sign a Memorandum of Agreement (MOA) Between the City of Larsen Bay and the Kodiak island Borough that Transfers Any Grant Liability Associated with Legislative Grant 07 -DC -324 Larsen Bay Equipment from the Kodiak Island Borough to the City of Larsen Bay. solutions 1. Resolution No. FY2008 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2008 -2012. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2008 -13 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Clarify Request for Ordinances or Legal Opinions Processes. 2. Ordinance No. FY2008 -14 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Provide a Procedure for Re- visiting Failed Ordinances, Resolutions, and Motions. D. Other Items 1. Assembly Appointment to the Personnel Advisory Board. 2. Assembly Appointments to Womens Bay Service Area Board. 3. Mayoral Appointments to Planning and Zoning Commission. 4. Mayoral Appointments of Assembly Representative to the Kodiak College Council and Kodiak Fisheries Advisory Committee. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Regular Meetings of November 13 and November 27, 2007. 2. Planning and Zoning Commission Regular Meeting of November 21, 2007. 3. Solid Waste Advisory Board Regular Meeting of August 23, 2007. 4. Womens Bay Service Area Board Regular Meeting of December 4, 2007. B. Reports 1. Kodiak Island Borough December 2007 Financial Report. 2. 2007 Comprehensive Annual Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Kodiak Island Borough Assembly Regular Meeting Guidelines January 17, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Assembly members Branson and Oswalt are out on personal leave. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter — Manager Gifford. B. Student of the Month Mayor Selby will present the award to Donald Kewan Jr., a Senior at Port Lions School. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. _ a s e Read phon numhar I oc l is 486-3231 and Toll Free is 1 _800_4782 573 . . �..... ,r.. •. v . r v is Tvv VLV 1 and Toll Free is 1- VVV -�/ V�a// JV. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Alaska Aerospace Development Corporation Update — Dale Nash Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 1 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -23 Authorizing the Borough Manager to Sign a Memorandum of Agreement (MOA) Between the City of Larsen Bay and the Kodiak Island Borough that Transfers Any Grant Liability Associated with Legislative Grant 07 -DC -324 Larsen Bay Equipment from the Kodiak Island Borough to the City of Larsen Bay. B. Resolutions 1. Resolution No. FY2008 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2008 -2012. Recommended motion: Move to adopt Resolution No. FY2008 -22. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2008 -23 Adopting a Federal Capital Improvement Program for the Fiscal Years 2008 -2012. Attached on to the public. is a corrected version of the resolution which is available Recommended motion: Move to adopt Resolution No. FY 2008 -23. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2008 -13 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Clarify Request for Ordinances or Legal Opinions Processes. Recommended motion: Move to adopt Ordinance No. FY2008 -13 in first reading to advance to public hearing on February 21, 2008. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2008 -14 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Provide a Procedure for Re- visiting Failed Ordinances, Resolutions, and Motions. Recommended motion: Move to adopt Ordinance No. FY2008 -14 in first reading to advance to public hearing on February 21, 2008. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Assembly Appointment to the Personnel Advisory Board. Recommended motion: Move to confirm the appointment of Susan Killary to the Personnel Advisory Board for a term to expire 2010. There is one applicant on the Personnel Advisory Board. Ms. Susan Killary submitted her application on January 2, 2008. Per Section 203 of the Personnel Manual: The Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Ms. Killary's application was sent to all Borough employees by email and two emails were received supporting her appointment to the board. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 3 2. Mayoral Appointments to Planning and Zoning Commission. Recommended motion: Move to confirm the Mayoral appointment of Mr. Jim Purdy on the Borough seat to expire 2008 on the Planning and Zoning Commission. There are two applicants for a Borough seat to expire 2008: Mr. Jim Purdy and Mr. Alan Torres. This is for the seat vacated by Mr. Gary Carver. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Mayoral Appointments of Assembly Representative to the Kodiak College Council and Kodiak Fisheries Advisory Committee. Recommended motion: Move to confirm the mayoral appointment of Assembly member Jeffrey as the Assembly representative to the Kodiak Coun it and the Kodiak Fisheries Advisory Committee. se are the two seats that were left vacant during the annual appointment process. Mayor Selby requested the confirmation of his appointment of Assembly member Jeffrey as the Assembly representative to the Kodiak College Council and Kodiak Fisheries Advisory Committee. Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. Recommended motion: Move to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to expire March 2011 to the Cook Inlet Regional Citizens Advisory Council. Ms. Mary Jacobs has served as the Kodiak Island Borough representative on the Cook Inlet RCAC board since 2001. She is planning to move to Oregon and after the annual March meeting, she will be unable to serve anymore. Ms. Elizabeth Chilton expressed an interest to become the replacement. This appointment will expire March of 2011. Mayor Selby requested the confirmation of his appointment of Ms. Chilton. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 4 5. Authorization to Pay Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC for Legal Services Related to the Lawsuit: Stephens vs. Kodiak Island Borough. Attached on — is information regarding this item. Recommended motion: Move to authorize the Manager to pay the legal fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC in an amount not to exceed $ ? ? ? ? ? ? ? ?. First bill $11,652.82 Second bill $ 395.85 Total bill $12,048.67 Staff report — Manager Gifford. KIBC 2.18.010 SAYS: No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Members with financial interests shall disclose and ask to be excused. The Mayor will rule on the request. If there are not at least four in attendance who are qualified to vote, the matter shall be tabled. Financial interest SHALL (it's not optional) be disclosed. There are not at least four (4) in attendance so it should be postponed. What is the ruling of the chair? If other Assembly members do not agree, they can appeal the decision of the chair and it takes majority vote. If there's no majority, the code is going to be enforced by tabling this matter to the next meeting. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 5 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly work session of January 31 and regular meeting of February 7 have been cancelled. The next work session will be held on Thursday, February 14 and the next regular meeting will be held on Thursday, February 21. The Borough offices will be closed on Monday, January 21 in observance of Martin Luther King Day. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 17, 2008 Page 6 BY: SECOND: BY: 1 SECOND: 0 BY: SECOND: (A A . 11\AK, II ■.1\4 . LOV BY: I SECOND: / O M BY: jf SECOND: &T 1 9,_ Dk Yes No Mr. Abell Yes No Mr. Abell Yes No Mr. Abell Yes ✓ No Mr. Abell Yep. V No Mr. Abell t/ Ms. Branson — Mr. Friend Ms. Jeffrey ` V ✓ Ms,- Branson Mr. Friend Ms. Jeffrey V, Mr. Friend Ms. Jeffrey Mr. Friend Ms. Jeffrey Mr. Friend ✓ Ms. Jeffrey V Ms. Lynch ✓ / �/ Ms. Lynch Ms. Lynch Ms. Lynch Mr. Oswalt Ms. Stutes V ✓ Ms. Lynch Mr.- 6swaft- Ms. Stutes V V Mr. Oswalt . swa Ms. Stutes Ms. Stutes Ms. Stutes V DOES ANYONE WISH TO CHANGE THEIR VOTE? D TOTAL TOTAL In case of a tie TOTAL In case of a tie TOTAL In case of a tie 5 V TOTAL In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular 1 Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: ' i M) Adjourned: BY: SECOND: IS ' D -1.9N - 13 BY: S SECOND: \ - L Ao BY: SECOND: sov BY: . 1C SECOND: f ' BY: O r--..." SECOND: l s4 ., Yes No Mr. Abell Ye No Mr. Abell Yes V No Mr. Abell - .1' Yes 1 No Mr. Abell Yes No Mr. Abell V Ms-B a+�s Ms. Branson Ms, :� - Ms. Branson M3. Branson Mr. Friend Ms. Jeffrey Ms. Lynch V V i Mr. Friend M s. Jeffrey Ms. Lynch ✓ ✓ ✓ a�.s^on Mr. Friend Ms. Jeffrey Ms. Lynch V V V Mr. Friend ?t. Ms. Jeffrey Ms. Lynch t/// V V Mr. Friend Ms. Jeffrey V Ms. Lynch V / Ms. Stutes V NIA O woIt Ms. Stutes dt i Mr. Oswalt Ms. Stutes / Mr. Oswalt Ms. Stutes / V MT. O'swait Ms. Stutes V lJ DOES TOTAL In case of a tie ANYONE 0 WISH TO CHANGE TOTAL In case of a tie 5 THEIR 0 VOTE? TOTAL In case of a tie 5 D TOTAL In case of a tie TOTAL J In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular 1 Special g p Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: (In IN Adjourned: BY: SECOND: C .) t BY: ` SECOND: V\4) Tee BY: Ilc SECOND: \\I\Gre N c . °\\Vi\- rfi. S . \ICA BY: SECOND: 0 .N.iti`• BY: SECOND: Yes No Mr. Abell Yes No Mr. Abell Yes V No Mr. Abell Yes ✓ No Mr. Abell Yes No Mr. Abell V Mr. Friend / / Ms. Branson Mr. Friend V Ms . ran Mr. Friend Ms. Branson Mr. Friend Mr. Branson Mr. Friend V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Lynch 4' Ms. Jeffrey Ms. Lynch ✓ , v/ Ms. Jeffrey V Ms. Lynch V Ms. Jeffrey Ms. Lynch Ms. Lynch 1/ Mr-. Aswalt D "" . ^ It Ms. Stutes DOES TOTAL In case of a tie ANYONE Mr. Oswalt -- Ms. Stutes WISH TO CHANGE TOTAL In case of a tie -- 1/ 3 THEIR — Mt.-Oswalt- - - - -9 - R Ms. Stutes .'j/ VOTE? _ TOTAL ,b In case of a tie U r. s --_ Ms. Stutes TOTAL In case of a tie Ms. Stutes V TOTAL 5--- In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Jspecial g Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Adjourned: 911 ' Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: ibrk WAIN �1 2,61W Please print your name a 1 SUMMARY: FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2008 -23 Authorizing the Borough Manager to Sign a Memorandum of Agreement (MOA) Between the City of Larsen Bay and the Kodiak Island Borough that Transfers Any Grant Liability Associated with Legislative Grant 07 -DC -324 Larsen Bay Equipment from the Kodiak Island Borough to the City of Larsen Bay. The Kodiak Island Borough received a number of legislative grants on behalf of various villages around the Borough. Among the projects funded was Legislative Grant 07 -DC -324: Larsen Bay Heavy Equipment - $70,000 Instead of awarding the grant directly to the City of Larsen Bay, the state legislature chose the Kodiak Island Borough as the grantee. As grantee the Borough is responsible for all aspects of the grant including any and all liabilities. Because the City of Larsen Bay will be purchasing a piece of heavy equipment and negotiating the purchase and because the KIB is really out of the loop and has no control of much of the process, an MOA has been drafted between KIB and Larsen Bay. This MOA places the grant liability identified in the agreement on the City (This is how the assembly handled a similar legislative grant of $570,000 to the City of Ouzinkie). The Borough remains the grantee and is responsible for performing any grant reporting requirements. The Borough will perform this work taking no money from the grant therefore allowing the city of Larsen Bay to utilize the full grant amount. RECOMMENDED MOTION: Move to authorize the manager sign and execute Contract No. FY2008 -23 Memorandum of Agreement between the City of Larsen Bay and Kodiak Island Borough regarding Legislative Grant 07 -DC -324 Larsen Bay Equipment. PURPOSE: MEMORANDUM OF AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND THE CITY OF LARSEN BAY REGARDING CITY OF LARSEN BAY MANAGEMENT AND OPERATION OF THE LARSEN BAY EQUIPMENT PROJECT This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak Island Borough (the Borough) agrees to authorize the City of Larsen Bay (hereinafter sometimes also referred to as City) to manage the Larsen Bay Equipment Project (hereinafter sometimes referred to as "Project" and the end product as "the Equipment ") funded under Grant 07 -DC -324, issued by the Department of Commerce, Community and Economic Development (DCCED) (hereinafter sometimes referred to as "Grant Agreement "), attached hereto as Exhibit B and hereby incorporated by reference and consistent with the following: PROJECT TITLE: Larsen Bay Equipment AGREEMENT EFFECTIVE DATE: December , 2007 AGREEMENT COMPLETION DATE: June 30, 2011 GRANT TERM: July 1, 2006 — June 30, 2011 GRANT AMOUNT: $70,000 SERVICES: A. KODIAK ISLAND BOROUGH SHALL: 1. Provide grant administration for Grant 07 -DC -324 to ensure compliance with grant provisions, including, but not limited to filing all progress and financial reports required by DCCED. 2. Reimburse the City of Larsen Bay for authorized expenditures incurred by the City for the Larsen Bay Equipment Purchase Project in an amount not to exceed that provided for such purpose in the above referenced grant. These costs shall be reimbursed subject to compliance with the Project Budget, and any subsequent amendments to the Project Budget, and all other provisions of Grant 07 -DC -324, issued by the DCCED. B. THE CITY OF LARSEN BAY SHALL: 1. Operate and manage the Project in compliance with the Scope of Work and all other provisions of Grant 07 -DC -324 and any subsequent amendments issued by DCCED. Memorandum of Agreement — City of Larsen Bay Equipment -- Page 1 of 6 2. Procure said Equipment for the Larsen Bay Project in compliance with the more stringent of Larsen Bay local ordinances, Kodiak Island Borough or State of Alaska procurement requirements. 3. As ultimate owner of the Equipment to be acquired pursuant to this Agreement, City expressly agrees to comply with the all grant provisions related to its ownership and management of the Equipment, including but not limited to those provisions listed below. The City also acknowledges that the Borough is not responsible for performance of the obligations of the equipment vendor and that the City shall perform all such obligations, and shall hold the Borough harmless from any liability or causes of action arising from ownership and operation of the Equipment. Further, the City and Borough agree as follows - a. Notwithstanding the terms of Article 2 of Attachment C of the Grant Agreement, the Borough and City understand that the Grant Agreement is for the benefit of the parties to it but that the Equipment purchased out of the referenced grant are for the benefit of the City as the City will own the Equipment to be acquired using the grant funds. Further, the City of Larsen Bay, its successors and assigns, will protect, save and hold harmless the State of Alaska, its DCCED, and the Kodiak Island Borough and their respective officers, officials, employees, agents and volunteers, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the City, it's subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomever arising out of or in connection with any acts or activities authorized by the referenced Grant Agreement and /or any activities arising there from or performed in connection therewith. The City further agrees to defend the State of Alaska, its DCCED and the Borough and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced arising out of or in connection with acts or activities authorized by the referenced Grant Agreement and /or any activities arising there from or performed in connection therewith. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the State of Alaska, its DCCED or the Borough or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the cu conrrent negligence of (a) the DCCED and/or the State .. negligence of (a) the DCCED anuivi the Jl "die Of Alaska or the Borough and /or their agents or employees, and (b) the City, it's agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City, or the City's agents, employees, officials, officers and volunteers. Memorandum of Agreement — City of Larsen Bay Equipment -- Page 2 of 6 b. In compliance with Attachment C, Article 24, of the Grant Agreement, the City hereby assumes all liabilities arising from the ownership and operation of the Equipment and agrees to hold the DCCED, the State of Alaska and the Kodiak Island Borough harmless from any and all causes of action arising from the ownership and operation of the Equipment and /or use of the grant funds. c. Project will realize the benefits of the referenced Grant and benefit from application of the grant funds. The City hereby grants the Borough all right of access necessary or desirable to the Borough for administering the Grant Agreement and as maybe further required of the Borough by the Grant Agreement. d. The City agrees and warrants that the Equipment shall be dedicated to public purposes. The City agrees that it will be solely responsible for the operation and maintenance of the Equipment or other items acquired under the referenced Grant between DCCED and the Borough. e. All other provisions of the Grant Agreement are incorporated herein by reference and to the extent the Grant Agreement places burdens on the Borough, which burdens are in the Borough's sole discretion more appropriately burdens of the City, the City hereby assumes such burdens. 4. Request prior approval from the Borough and DCCED for any work contracted to a third party and meet all other requirements for third party agreements including but not limited to those contained in Sections C 9, 10 and 11 of this Agreement, all applicable provisions of Grant 07 -DC -324 as amended, and the City of Larsen Bay Code of Ordinances. 5. Provide documentation and reports requested by the Borough to ensure compliance with grant provisions. Further, the City agrees that the Department of Commerce and Community Economic Development of the State of Alaska and other authorized representatives of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books or the City, and of persons or organizations with which the City may contract under this Agreement. C. ADDITIONALLY, THE PARTIES AGREE AS FOLLOWS: 1. Grant Agreement No 07 -DC -324, Larsen Bay Equipment, effective November 14, 2006 is herein incorporated in its entirety by reference. The parties agree that all provisions of the Grant Agreement between the Borough and the Department of Commerce, Community and Economic Development (DCCED) are herein incorporated as if enumerated herein. Notwithstanding that the above referenced Grant Agreement is between the State of Alaska and the Kodiak Island Borough, as between the Kodiak Island Borough and the City of Larsen Bay, the City agrees to assume all burdens, duties and obligations (however termed or characterized) ascribed to the Borough as grantee but which arise from, or relate to 1) City's ownership or 2) operation of the Equipment, release Memorandum of Agreement — City of Larsen Bay Equipment -- Page 3 of 6 the Borough from the same, and indemnify, defend and hold harmless the Kodiak Island Borough from all such duties, obligations and burdens. The parties to this Agreement shall cooperate in implementing the terms of the Grant Agreement. Compensation. a. Total Compensation. Unless expressly agreed to in writing by the Borough and City, the maximum payment by the Borough to City for the portion of this Project funded by Grant 07 -DC -324 shall be $70,000 or the entire amount of the grant. No administrative fees for managing this grant will be charged against the grant. 3. Manner of Payment. The Borough shall make payments to City as follows: City shall submit invoices for purchase rendered within sixty (60) days of performance of the service or incurring the expense unless an extension is authorized in writing by the Borough Manager. The invoice shall itemize said expenses such as purchase of equipment (including parts and tools), and shipping costs. The Borough may refuse any claim for services or expenses a) made more than sixty (60) days after performance of the service or incurring the expense (without an extension) or b) for the final invoice, made more than fifteen (15) days after the termination date of Grant Agreement. If the Borough objects to any invoices or portions thereof submitted by the City, the undisputed portion shall be paid. 4. Termination. This Agreement may be terminated by either party for any reason, prior to its expiration date on thirty (30) days written notice to the other party however the Borough shall be entitled to terminate this Agreement for its convenience upon seven days notice to City and limit its obligations to the City to amounts earned, incurred or obligated by the City prior to receipt of the termination for convenience notice from the Borough. If Grant 07 -DC -324 is terminated or suspended by DCCED for any reason prior to the termination date in the Grant Agreement, this Agreement shall be terminated on the same date. 5. If this Agreement is terminated for any reason, the Department of Commerce, Community and Economic Development shall be notified in writing addressed to DCCED Grants Section, PO Box 110809, Juneau, Alaska 99811 -0809 within ten days of such termination. 6. Indemnity. City agrees to indemnify, defend [with legal counsel approved by Borough], and holrl the Boro and its administrators, agents, -• •• -^ •• ••• Borough and its alAt1111110U QlVl J, officers, agents, employees, volunteers and servants and the Department of Commerce, Community and Economic Development and the State of Alaska and its administrators, officers, agents, employees, volunteers and servants harmless from and against any and all claims, demands, actions, losses, expenses, and liabilities for, or related to, loss of or damage to property or injury to or death of any person relating to or arising or resulting in any way from the performance by City or any of its Subcontractors under the Agreement, or the work or services Memorandum of Agreement — City of Larsen Bay Equipment -- Page 4 of 6 provided or the condition or use thereof, regardless of any negligence of the Borough or DCCED, excepting only such loss, damage, injury or death which results solely from the negligence or willful misconduct of the Borough or DCCED or solely from the joint negligence or willful misconduct of Borough or DCCED and a third party directed by Borough or DCCED. This clause shall be read and construed consistent with any other same or similar clause in this Agreement such that the Borough and State derive maximum benefit of defense, indemnity and hold harmless from the City. 7. Third Party Contracts. Prior approval by the Borough and DCCED is required for any work to be contracted to a third party. Any subcontractor shall be bound to every provision of the Grant Agreement and each subcontract shall include a provision that the Borough, DCCED and the State of Alaska are not liable for damages or claims for damages arising from any subcontractor's performance or activities under the terms of the subcontract. 8. Conflict of Interest. No officer, employee or member of the Borough or City or of any subcontractor; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or ' interest, direct or indirect, in any contract, subcontract or the proceeds thereof, for work to be performed in connection with the project assisted under the Grant 07 -DC -324. 9. Discrimination. City may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. City shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. a. The City shall state, in all solicitations or advertisements for employees to work on this project (a state funded project), that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. b. The City shall include the provisions of this Discrimination article in every c ontract relating t this Agreement and th Borough's Grant Agreement relating to this /'� and the Borough's vlant r�yreerrtent from which this Agreement is derived, and shall require inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Memorandum of Agreement — City of Larsen Bay Equipment -- Page 5 of 6 ATTEST: Clerk 10. Compliance with Laws. City agrees to comply with all applicable federal, state and local laws and regulations. 11. Audit. The City agrees that it is bound to, and subject to, all terms of the incorporated "Appendix A Audit Regulations" and "Appendix B Audit Compliance Supplement" to the Grant Agreement. 12. Law and Venue. The law of the State of Alaska shall govern this Agreement. Venue for any legal proceeding relating to this Agreement shall be in the Superior Court in Kodiak, Alaska. 13. Notice. Unless otherwise provided herein, any notices or other communications required or permitted by this Agreement to be delivered to the Borough or City shall be in writing and shall be considered delivered when personally delivered to the party to whom it is addressed, or in lieu of such personal delivery, when deposited in the United States mail, first class certified mail with return receipt requested, postage prepaid, addressed to the Borough or City at the address set forth below: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 City of Larsen Bay Attn: Mayor PO Box Larsen Bay, Alaska 99624 14. Entire Agreement. This Agreement constitutes the entire agreement between the Borough and City as to the matters stated herein. It supersedes all prior oral and written understandings and agreements as to such matters. It may be amended, supplemented, modified or canceled only by a duly executed written instrument. It shall bind the Borough and City, its successors, executors, administrators, assigns and legal representatives. DATED the day and year last written below. Rick Gifford, Manager Date Alan Pan Mayo '� Date Kodiak Island Borough City of Larsen Bay Memorandum of Agreement — City of Larsen Bay Equipment -- Page 6 of 6 + kite of NpyKO Grant Agreement Number 07 -DC -324 Collocation Code(s) I Encumbrance Number /AR/Lapse Date 8179562 / 10492 / 6/30/2011 Grantee Name Kodiak Island Borough Street /P0 Box 110 Mill Bay Road C ity /State /Zip Kodiak AK 99816 - Contact Person kick Gifford, Borough Manager Phone l Fax 907-486-9343 I 907- 486 -9394 AGREEMENT The Alaska Department of Commerce, Community and Economic D (hereinafter `Department') and Kodiak Island Borough (hereinafter 'Grant Section I. The Department shall pay the Grantee for the performance of agreement. The amount of the payment is based upon project expenses inc In no event shall the payment exceed $70000.00. Section II. The Grantee shall perform all of the work required by this Agree Section III. The work to be performed under this agreement begins July 1, 2011. Section IV. The agreement consists of this page and the fo ATTACHMENTS ' .Attachment A: Scope of Work Pell 1. Project Description 2, Project Budget r % "Appeni 3. Project Narrative .�r,r • A. 4. Project Management/Repo 'ng .. P'P p enc nt 5. Forms Packet " Attachment B: Payment Method ppenc Attachment G: Standard Provisions �^ AMENDMENTS: Any fully executed amendments to this Agreement Grantee - i ted Name and Title (} R ick Gifford, Borough Manager Date ;, Imo. " i ' t ,r NOV ` S 2006 Alaska De,pt. of COr,r;; Div of Community Designated Legislative Granfirrrogr-aa Amount o $70,000.0 Project Tii :14I'�i�sen�By Name R Title G Street/PO 1 City/State/ Ju Phone 46 Signal Date Printed Nam Mel Grant A f State Funds 3 le iA Fygiiipmizrt f Department Contact Person obin Park rants Administrator 3ox ) Box 110809 ?ip • neau, AK 998 I 1 -0809 5-4731 I Fax 465 -5867 avelopment, Division , e') agree as set forth the project work under :tired, which are authorized vent. .006 and shall be completed of Community Advocacy herein. the terms outlined in this under this Agreement. no later than June 30, APPENDICES i A. Audit Regulations Tx Audit Compliance Supplement Ex 2: Indemnity and Insurance lix : State Laws and Regulations lix • Special Requirements and Assurances for Federally Funded Projects (if applicable) Ii E: Site Control Fix F: State Fire Marshal Review Department and Title inie Greer, Grants Administrator III / / + kite of NpyKO Grant Agreement Number 07 -DC -324 Collocation Code(s) I Encumbrance Number /AR/Lapse Date 8179562 / 10492 / 6/30/2011 Grantee Name Kodiak Island Borough Street /P0 Box 110 Mill Bay Road C ity /State /Zip Kodiak AK 99816 - Contact Person kick Gifford, Borough Manager Phone l Fax 907-486-9343 I 907- 486 -9394 AGREEMENT The Alaska Department of Commerce, Community and Economic D (hereinafter `Department') and Kodiak Island Borough (hereinafter 'Grant Section I. The Department shall pay the Grantee for the performance of agreement. The amount of the payment is based upon project expenses inc In no event shall the payment exceed $70000.00. Section II. The Grantee shall perform all of the work required by this Agree Section III. The work to be performed under this agreement begins July 1, 2011. Section IV. The agreement consists of this page and the fo ATTACHMENTS ' .Attachment A: Scope of Work Pell 1. Project Description 2, Project Budget r % "Appeni 3. Project Narrative .�r,r • A. 4. Project Management/Repo 'ng .. P'P p enc nt 5. Forms Packet " Attachment B: Payment Method ppenc Attachment G: Standard Provisions �^ AMENDMENTS: Any fully executed amendments to this Agreement Grantee - i ted Name and Title (} R ick Gifford, Borough Manager Date ;, Imo. " i ' t ,r NOV ` S 2006 Alaska De,pt. of COr,r;; Div of Community Designated Legislative Granfirrrogr-aa Amount o $70,000.0 Project Tii :14I'�i�sen�By Name R Title G Street/PO 1 City/State/ Ju Phone 46 Signal Date Printed Nam Mel Grant A 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 Iimited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the Grant funds in any manner contrary to the terms and conditions of this the subsequent revocation of the grant and any balance of funds under the Grantee being required to return such amounts to the State. 5. Grant Forms Packet No,■ innns use of this Grant. The use of Grant Agreement may result in the grant. It may also result in 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. 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. 6/200 i Attachment B Payment Method 1. Advance/Reimbursement Payment Upon full execution of this Grant Agreement, a State treasury warrant in an amount not to exceed 20% may be released upon request. Additional State treasury warrants will be released on a reimbursement basis upon receiving and approving a Grantee's financial/progress reports. The Department will reimburse the Grantee for costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse without approved financial/progress reports, prepared and submitted by the Grantee on the form provided in Attachment A. Before approving the financial/progress report for payment, the Department may require the Grantee to submit documentation of the costs reported (e.g., vendor billings, signed timesheets, invoices), Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 2. Direct Vendor Payment In some instances the Department may authorize the use of direct payments to specified vendors for large purchases. Direct vendor payments will be authorized only when, in the judgment of the Department, the Grantee is unable to secure the purchases through cost reimbursable means. Before a direct vendor payment can be considered for authorization, the Grantee must submit a "Request for Direct Vendor Payment" form that identifies the name of the vendor to be paid directly; the vendor's address; the vendor's federal tax identification number; and the amount of the payment. This form must be accompanied by (1) an executed purchase agreement between the Grantee and the vendor, and (2) an original invoice that identifies specifically the goods or services for which payment is being requested. The agreement must identify all terms and conditions of the purchase and include a complete materials list and an acceptable shipment date. The Department will authorize prepayment of not more than 50% of the total cost identified in an approved purchase agreement between the Grantee and the vendor for those goods and services provided in advance of delivery to the Grantee. The Department may authorize full payment to vendors whose goods /services have been provided prior to or at the time the request for direct payment is received from the Grantee. When a prepayment of up to 50% has been made, the Department will authorize the balance due against the purchase agreement after the following conditions have been met: a. The goods /services have been delivered to the Grantee; b. The Grantee has conducted an inventory and submitted to the Department a certification of acceptability along with a complete "Request for Direct Vendor Payment" form; c. The Grantee has submitted an original invoice from the vendor for the balance due. Any direct vendor payment authorized during a report period will be reflected on the Grantee's Financial /Progress Report for that month in the Direct' Vendor Payments (DVP) Paid This I't-riod colu across from the appropriate cost category. The "Request for Direct Vendor Payment" mn from the Department electronically or in hard copy. "' " " "` form can be obtained 3. Withholding of Ten Percent (10 %) The Department may withhold ten percent (10 %) of the amount in Section 1 until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement. including all required reporting and submission of photographs of the project. !h'srgnafed Legislative Grant Agreement Attachment B- .l /un,c,puhm Page i of Article 1. Definition Article 2. Indemnification Attachment C Standard Provisions "Department" refers to the Department of Commerce, Community and Economic Development with the State of Alaska. It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. The Grantee, its successors and assigns, will protect, save, and hold harmless the Department 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 Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or actions 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 the Department of 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 (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee., or Grantee's agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee, Article 4. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of the State of Alaska shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations with which the Grantee may contract, involving transactions related to the project and this Grant Agreement. Article 6. Reports The Grantee, at such times and in such forms as the Department may require, shall fumish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Grant Agreement, including the final close -out report, the costs and obligations incurred in connection therewith, and any other matters covered by this Grant Agreement. Article 7. Retention of Records The Grantee shall retain financial and other records relating to the performance of this Grant Agreement for a period of three years from the date when the final financial status report is submitted to the Department, or until fmal resolution of any audit findings, claims, or litigation related to the grant. Rev 9/2004 Designated Legislative Grant Agreement Attachment Parr I ,f( Article 8. Assignability The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (whether by assignment or notation). Article 9. Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Article 10. Program Income Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department may request an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third -Party Relationships None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. The Grantee shall remain fully obligated under the provisions of this Grant Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any pan of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Article 14. Conflict of Interest Rev. 9/2001 No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undenaken or located; and no other official nre��..t. .....t:... or �_ - official o. such local 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 Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Uestgnarcd L gtsiat,ve Grant Agreement Attachment ( • Article 15. Political Activity No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 16. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible, The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension - After notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination - Terminate the grant.in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify the Grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. Article 20. Withdrawal of Funds In the event funding from the state, federal. or other sources is withdrawn. reduced, or limited in am• way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re- negotiate subject to those new funding limitations and conditions. A termination under this article shall be implemented under the same conditions as a termination under Article 19 of this Attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee. the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of grant funds under this recovery' provision shall occur within tinny (30) days of demand. All remedies conferred on the Department by this agreement or an other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option. Rev 9/2004 Uestgnated Legtsiaitve Grant ;agreement Attachment i' Article 22. Disputes Article 23. Jurisdiction This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska. Article 24. Ownership of Project/Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. Article 25. Site Control Article 26. Insurance The Grantee is responsible for obtaining any necessary liability insurance. In addition, the Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or insurance shall be for not less than the amount of the entire project. Article 28, Governing law Article 29. Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department, which shall reduce its decision to writing and mail, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant Agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the Federal, State, or Local governments have been obtained. Budget Flexibility Notwithstanding the provisions of Article 1 1, Attachment C, the Grantee may revise the project budget in Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10 %) of the line item or 510,000, whichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existing budget line items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Rev. 9/2004 bestgnated Lepisiatrve Grant Agreement Attachment C l'ag' 4 of ( Article 30. Equal Employment Opportunity (EEO) The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood, The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, that it is an equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 31. Public Purposes The Grantee agrees that the project to which this Grant purposes for its useful life. The benefits of the project religion, color, national origin, age, physical handicap, pregnancy or parenthood. Article 33. Assurance Rev 9'200.1 Agreement relates shall be dedicated to public shall be made available without regard to race, sex, marital status, changes in marital status, If the Grantee is a non - municipal entity and if monies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that in the event a municipal corporation is formed which possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantee is a non - profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20.290- 10.20.452. Article 32. Operation and Maintenance Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other items acquired under this grant. The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS To the extent that such provisions apply to the project which is the subject of this Grant Agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required b AS 36.05.010. Article 35. Severability If any provision under this Grant Agreement or its application to any person or circumstance is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. Designated Legislanre Grant Agreement .I nar elmP,,, (' Article 36. Performance The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Grant Agreement. Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign immunity, it is a requirement of this grant that the Grantee irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, effected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements Article 39. Close -Out Rev. 9 The Grantee shall comply with the audit requirements established by 02 AAC 45.010, set forth m Appendix A of this Grant Agreement. The Department will advise the Grantee to initiate close -out procedures when the Department determines, in consultation with the Grantee, that there are no impediments to close -out and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close -out costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting close -out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee m the event of the Grantee's failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close -out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title 1 of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title 11 of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. Designated Legtsiamve Gram Agreement Attachment (. Appendix A Audit Regulations (Chapter 45. Grant Administration) 2 AA C 45.010. AUDIT REQUIREMENTS (a) As part of the financial information required under AS 37.05.030, a state agency that enters into a financial assistance agreement to provide financial assistance to an entity shall, in coordination with any other state agency providing financial assistance to that entity, require that entity to submit to the Department of Administration through the state coordinating agency an audit of the recipient entity if that entity is subject to an audit under this section. The audit must be conducted and submitted as described in this section. In order to ensure compliance with this subsection, a state agency must include the audit requirements of this section in any financial assistance agreement subject to this subsection. (b) all An entity that expends financial assistance with a cumulative total of $300,000 or more during the entity's fiscal year sh submit an audit report for the audit period to the state coordinating agency, by (1) the earlier of (a) 30 days after the entity receives its audit report for the audit period; or (b) nine months after the end of the audit period; or (2) a later date than the date calculated under (1) of this subsection, if (a) the state agency that provides the financial assistance agrees to the change of date; and (b) the agreement under (a) of this paragraph is made in (i) writing; and • (ii) advance of the date calculated under (1) of this subsection. (c) An audit required by this section must be conducted by an independent auditor, according to the following audit standards effective at the time of review for the audit period. (1) Government Auditing Standards, 1994 revision adopted by the comptroller general of the United States; or (2) Generally accepted auditing standards, as accepted by the American Institute of Certified Public Accountants if effect as of January 1, 1998 for the type of entity being audited; or (3) State of Alaska Audit Guide and Compliance Supplement for State Single Audits, May 1998 revision, prepared by the state coordinating agency. (d) The audit required under this section must repon on the following: (1) The system of internal controls of the entity and the auditor's identification of reportable conditions and material weaknesses of the entity, using the applicable standards set out in (c) of this section; (2) the entity's compliance with applicable state statutes and regulations and applicable financial assistance agreements affecting the expenditure of the financial assistance; the report must identify findings and known questioned costs that exceed S1,000 in the aggregate for all transactions of expenditures tested for the financial assistance being audited; (3) the entity's financial statements; and (4) the schedule of state financial assistance. As part of the audit repon required under this section, the entity must provide (I) written comments on any (A) findings, (B) known questioned costs; (c) reportable conditions, including material weaknesses; and (D) recommendations contained in the audit report; (2) the entity's plan for corrective action, if any findings are identified or any recommendations are made in the audit report; (3) the status of the entity's implementation of any plans for corrective actions related to (A) the audit reports required under this section for the fiscal year before the audit period; and (B) unresolved findings of audit reports required by this section for audit periods before those specified in (A) of this paragraph; and (4) a written explanation of the reasons why corrective action will not be taken if the entity does not intend to take corrective action, ,,,, any re the findings and recommendations in a audit required -- . audit report ,cgi.ii�_cu Dy this section. - - �•V" `�" An audit report required under this section need not evaluate the effectiveness of a program funded by state financial assistance. However, a program evaluation or financial monitoring may be conducted by the state agency or requested of the entity by the state agency that entered into the financial assistance agreement. (e) (f) (g) An audit required by this section must cover for which financial assistance was expended, a state agency; and (B) the entity does not allocations of indirect costs. Rey. 5/2005 either (I) the entire operations of the entity: or (2) the program of the entity if (A) the entity receives financial assistance from only one state program of expend the financial assistance being audited, for indirect costs, including (h) An entity shall provide the state coordinating agency with sufficient copies of eacrt audit report to allow submission of a copy to each state agency providing financial assistance to the entity. The state coordinating agency shall determine if auditing standards have been met and shall forward a copy of the audit to the Department of Administration, upon request, and other appropriate state agencies. The state coordinating agency shall coordinate the assignment of the resolution to one state agency, if the exceptions concern more than one state agency, The applicable state agency providing financial assistance to the entity must meet its responsibilities under other law for ensuring compliance with the audit report. Unless additional audit requirements are imposed by state or federal law, a state agency that provides financial assistance to an entity shall accept the audit required by this section in satisfaction of any other audit requirement. If additional audit work is necessary to meet the needs of a state agency, the audit work must be based on audits required by this section. Nothing in this subsection authorizes a state agency to seek payment from the entity for the additional audit work. (j) A third party that receives financial assistance through an entity, in an amount described in this section, is subject to the applicable requirements of this section. An entity that disburses $300,000 or more in state financial assistance to a third party shall ensure that the third party complies with the requirements of this section. That entity shall also ensure that appropriate corrective action is taken within six months after a third party's noncompliance with an applicable state statute or regulation, or financial assistance agreement, is disclosed. (i) (k) Repealed 7/1/98. (1) For purposes of this section, if an entity has not identified its fiscal year, that entity's fiscal year is July 1 through June 30. (m) Financial assistance in the following form is not included when calculating whether an entity meets the threshold monetary requirement under (b) of this section: (1) state revenue sharing and municipal assistance money provided under AS 29.60.010 - 29.60.375; (2) amusement and gaming tax money provided under AS 43.35.050; (3) aviation fuel tax money provided under AS 43.40.010; (4) electric and telephone cooperative gross revenue tax refunds provided under AS 10.25.570; (5) alcoholic beverage license fee refunds provided under AS 04.11.610; (6) fisheries tax refunds provided under AS 43.75.130. (n) Financial assistance in a form listed in (m) of this section is not exempt from compliance testing if the entity meets the threshold monetary requirement under (b) of this section. (o) Repealed 7/1/98. History — Effective 8/1/85, Register 95; am 6/29/90, Register 114; am 7/1/98, Register 146. Authority: AS 37.05.020 AS 37.05.030 AS 37.05190 2 AAC 45.060. EXTERNAL QUALITY REVIEW OF AUDIT ORGANIZATION The state coordinating agency may only accept an audit under this section, if that organization has submitted to the state coordinating agency a copy of the organization's most recent external quality review report that meets the standards described in 2 AAC 45.010(c)(1) and (2). History — Effective 7/1/98. Register 146. Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.070, APPLICABILITY (a) The amended version of this chapter, effective July I, 1998, applies to an audit for an audit period that begins or continues after June 30, 1998. (b) An entity may agree to be subject to the provisions of the amended version of this chapter. effective July I , 1998, for an audit period beginning on or after July I, 1997 and ending on or before June 30. 1998, by voluntarily submtttine an audit that complies with those provisions. History — Effective 7/1/98. Register 146. Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 Rev. 5.!2005 Lbestrnated Leetsiatnve Grant A vroomo,,, ., 2 A.AC 45.080. EXEMPTIONS FROM FINANCIAL ASSISTANCE (a) For purposes of this chapter, "financial assistance" does not include the following: (1) public assistance provided under AS 47; (2) goods or services purchased for the direct administration or operation of state government; (3) moneys advanced to an entity under one or more state loan programs; (4) power cost equalization payments made to an electric cooperative on behalf of its customers; (5) scholarships, loans, or other tuition aid provided to students, but paid to an education institution on their behalf. (b) In addition to the exemptions set out in (a) of this section, for a third party, "financial assistance" does not include goods purchased from the third party for direct administration or operation of the entity that received financial assistance. History — Effective 7/1/98, Register 146, Authority: AS 37.05.020 AS 37.05.030 AS 37.05.190 2 AAC 45.090. DEFINITIONS For purposes of this chapter, unless the context otherwise requires, (1) "audit period" means the entity's fiscal year in which the entity expended state financial assistance; (2) "entity" does not include the University of Alaska or any other state. agency; (3) "financial assistance" means state grants, contracts, provider agreements, cooperative agreements, and all forms of state financial assistance to an entity; "financial assistance" includes all forms of state financial assistance provided through an entity to a third party; (4) "known questioned costs" means those questioned costs specifically identified by the auditor in the audit conducted under this chapter; (5) "state coordinating agency" means the Office of Management and Budget (OMB), Office of the Governor, or OMB's designee. History — Effective 7/1 /98, Register 146. Authority: AS 37.05.020 AS 37.05.030 AS 37.05,190 Rev. 52005 Appendix B Audit Compliance Supplement Designated Legislative Capital Grant Program 1. Program Objectives Authorized under Alaska Statute 37.05.315, 37.05.316, 37.05.317, these grants are made at the discretion of the Legislature. The Grants are designated by the Legislature to provide for a specific project or activity to a specific entity. 2. Program Procedures Following enactment of the authorizing legislation, the Department then executes a grant agreement according to the appropriate statute with the entity and specifies the project to be undertaken. 3. Compliance Requirements and Suggested Audit Procedures There are no specific grant regulations governing the administration of these grants. All compliance requirements and suggested audit procedures must be based upon specific provisions of the grant agreement. A. TYPES OF SERVICES ALLOWED AND UNALLOWED Compliance Requirement • Grant funds can be expended for a variety of purposes as provided for in the authorizing legislation and as specified in the grant agreement. Suggested Audit Procedures • Test expenditures and related records. B. Eligibility • The auditor is not expected to make tests for recipient eligibility C. Matching Level of Effort Compliance The Grantee is required to submit monthly or quarterly financial and progress reports, as specified in the Grant Agreement. Compliance Requirement • Any matching, level of effort and/or earmarking requirements will be identified and established in the grant agreement. Suggested Audit Procedures • As appropriate, review the grant agreement, identify the types and amounts of match required and review the grantees accounting records to verify that the amount of match reported was provided. D. Reporting Requirements Compliance Requirement • The grant agreement will specify the reporting requirements to which the grantee must adhere to. Suggested Audit Procedures • Examine copies of reports and determine completeness, accuracy, and ti o f • Trace data in selected reports to underlying documentation E. Special Tests and Provisions Compliance Requirement • The grant agreements often contain specific provisions to which the grantee is to adhere. Suggested Audit Procedures • Review the grant agreement. identify special provisions or requirements and verify that they were met. Rev. 9/2004 Desrgnared Legrsiarrve Gran, Agreement Appendix L /'age / of Article 1. Indemnification Article 2, Insurance Rev 7.%200 Appendix B2 Indemnity and Insurance The contractor (Grantee) shall indemnify, save harmless and defend the state, its officers, agents and employees from all Iiability, including costs and expenses, for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission or negligent act of the contractor, subcontractor or anyone directly or indirectly employed by them in the performance of this contract. All actions or claims including costs and expenses resulting from injuries or damages sustained by any person or property arising directly or indirectly from the contractor's performance of this contract which are caused by the joint negligence of the state and the contractor shall be apportioned on a comparative fault basis. Any such joint negligence on the part of the State must be a direct result of active involvement by the State. Without limiting contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific Limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non - renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 2.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection is not less than S100,000.00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL 8. H and Jones Acts) must also be included. 2.2 Comprehensive (Commercial) General Liability Insurance: With coverage limits not less than 5300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises - operations, independent contractors, products /completed operations, broad form property damage. blanket contractual and personal injury endorsements, 2.3 Comprehensive Automobile Liability Insurance: Covering all owned. hired, and non -owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 2.4 Professional Liability' Insurance: Covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, mad in the _ contract which result in financial Loss to the State. Limits required are per the following sochedule: of this Contract Amount Minimum Required Limits Under $100,000 $100,000 - 5499,999 $500,000 - S999,999 $1,000.000 or over 5100.000 per occurrence;annual aggregate S250.000 per occurrence /annual aggregate $500,000 per occurrence:annual aggregate Negotiable - Refer to Risk Management Designated Leg,siattve Gran, Agreement Appendix G. Appendix C State Laws and Regulations Municipality Public Facility Operations and Maintenance —AS 37.05.3I5(c) In accepting a grant under AS 37.05.315 for construction of a public facility, a municipality covenants with the State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 A grant or earnings from a grant under AS 37.05.315 - 37.05.317 may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences--AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150 – 36.10.175 for employment generated by the grant. Historic Preservation Act —AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The department may stop the construction to determine the extent of the historic. prehistoric, or archaeological values. Fire Protection —AS 18.70 This chapter of the Alaska Statutes requires the Department of Public Safety (the State Fire Marshal) to adopt reculations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards for: 1. Fire detection and suppression equipment, 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units: 3. Anv activity_ in which combustible or explos materials are stored or 4. Conditions or activities carried on outside a building described in(_) likely to to persons or property. Environmental Conservation —AS 46.03 This chapter of the Alaska Statutes applies to municipalities and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances. and water and air pollution in a municipality of 1,000 or more, and may establish a local air pollution control program. Rev. 6/2005 Destpnatcd LeF,slattve Grant Arreemenr Appendix(' C' Pr,r,r. 1 Alaska Coastal Management Program -AS 46.40 This chapter of the Alaska Statutes establishes a planning program for the use, management, restoration, and enhancement of the overall quality of the coastal environment. The law provides for the creation of coastal resource districts and the establishment, review, and approval of district management plans. If a district management plan is not implemented, enforced, or complied with, enforcement action may follow. Permits and Environmental Procedures Coordination -AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing environmental permits issued by State agencies. The law requires a master application form and specifies the following permits including others designated by the commissioner to which this law applies: Access Roads Permit-AS 41.21.020, 11 AAC 12.020 Air Emissions Permit-AS 46.14.140, 18 AAC 50.030 Anadromous Fish Protection Permit-AS 16.05.870, 5 AAC 95.010 Authorization for Tidelands Transportation -AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit--AS 31.05.030, 20 AAC 22.252 Burning Permit during Fire Season -AS 41.15.060, 11 AAC 95.410 Coal Development Permit-AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit---AS 16.20.510, 05 AAC 95.420 Dam Construction Permit-AS 46.17.040, 11 AAC 93.17] Driveway Permit-AS 19.05.040, 17 AAC•10.020 Encroachment Permit-AS 19.25.200, 17 AAC 10.012 Limited Personal Use Permit-AS 38.05.820, 11 AAC 62.010 Miscellaneous State Land Use Permit AS 38.05.035, 11 AAC 96.010 Mineral and Geothermal Prospecting Permits -AS 38.05.181, 11 AAC 82.100 Open Burning Permit-AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials -AS 38.05.110, 11 AAC 71.025 Permit to Appropriate Water -AS 46.15.040, 11 AAC 93.120 Pesticides Permit-AS 46.03320, 18 AAC 90.300 Preferred Use Permit-AS 46.15.150, 11 AAC 93.240 Right- of-Way and Easement Permits --AS 38.05.850, 11 AAC 58.740 Solid Waste Disposal -AS 46.03.100, 18 AAC 60.200 Special Land Use Permit-AS 38.05.035, 11 AAC 58.210 Special Material Use Permit-AS 38.05.115, 11 AAC 71.025 State Game Refuge Land Permit-AS 16.20.050 - 16.20.060 State Park Incompatible Use Permit-AS 41.21.020, 11 AAC 18.010 Surface Oiling Permit-AS 46.03.740, 18 AAC 75.700 Surface Use Permit-AS 38.05.255, 11 AAC 86.600 Tide and Submerged Lands Prospecting Permit-AS 38.05.250, 11 AAC 62.700 Tidelands Permit-AS 38.05.035, 11 AAC 62.720 Tidelands Right -of -Way or Easement Permit-AS 38.05.820, 11 AAC 62.720 Utility Permit-AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit-AS 46.03.100, 18 AAC 72.010 Water Well Permit--AS 31 00 11 AAC C 9Z 1 I - - - - ••• • .3 .. .. v, 11 rat'�v 7J.lYV Rev 6 /2005 Designated Legislative Grant Agreement Appendix C Page .2 of 2 f Appendix D Special Requirements and Assurances for Federally Funded Projects Federal grant requirements are not applicable to the Designated Legislative Capital Grant program. 1. Site Control The Crrantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage, roads and trails. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of the building, structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Site control options are identified in Section 2. For a project planned on land that is controlled by a public agency, the Grantee must obtain whatever authorization for use that is required by the public agency. 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities /projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Community Hall Clinic Fire Station Bulk Fuel Storage Dump Sho. /Storage Building Cemetery Dock Cam • • round Generator Building Multi-purpose building Laundromat Water welUS .tic Village Relocation Agriculture Project Sewage Lagoon Communication Site Road (.25') Trail (,25") -- Appendix E Site Control Deed Lease Easement ✓ Use Permit License ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ v ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ � ✓ ✓ ker. 7/2004 Boardwalk Powerline Water /Sewer Line Pipeline Designated Legislative Grans Agreement Appenarx L' Page 1 of / Authority: AS 18.70.080 Alaska Administrative Code: 13 AAC 50.027 Rev 7/2004 Appendix F State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building/structure. or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three -plex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire- extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Designated Legtslmrve Grant Agreement Appendix F ?age Iof) SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2008 -2012. The Assembly held a strategic planning session January 5, 2008 and the session culminated in the preparation of the attached resolution. t&PPRflVAI FfR AC FNfA. i�'li�. N :71 • RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -22. ITEM NO: 13.8.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -22 Introduced by: Mayor Selby Requested by: Assembly Drafted by: Assembly Introduced: 01/17/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING THE KODIAK ISLAND BOROUGH STRATEGIC PLAN FOR THE YEARS 2008 -2012 WHEREAS, the Kodiak Island Borough Assembly held a strategic planning session on January 5, 2008; and WHEREAS, this session culminated in the preparation of the Kodiak Island Borough Strategic Plan for the years 2008 -2012; and WHEREAS, the Kodiak Island Borough Strategic Plan outlines the Kodiak Island Borough's mission, vision, and guiding principles; and WHEREAS, the Kodiak Island Borough Assembly desires a formal adoption of the Kodiak Island Borough Strategic Plan; NOW THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Island Borough Strategic Plan for the years 2008 -2012 which outlines the Kodiak Island Borough's mission, vision, and guiding principles is hereby adopted. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nnvn M .Iavipr, civics., Rnrnunh CIPrk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2008 -22 Page 1 of 10 • DIVERSI T i STRATEGIC PLAN (FISCAL YEARS 20078 20142) Adopted by the Kodiak Island Borough Assembly Resolution No. FY2008 -22 KODIAK ISLAND BOROUGH'S MISSION, VISION, AND GUIDING PRINCIPLES I. MISSION O fission- is-tTo provide quality service to the public in a fiscally responsible manner while fulfilling Borough responsibilities and exercising powers required by Alaska Statute Title 29 and the Kodiak Island Borough Code of Ordinances. II. VISION Our vicion is that tThe Kodiak Island Borough Government is trusted and respected as a leader in providing the highest quality of services to the public in a cost effective, efficient manner that is open, dynamic, and focused. III. OUR GUIDING PRINCIPLES • ACCESSIBILTY All citizens and employees throughout the Borough, regardless of abilities, will have ready access to our services and facilities. Language and culture will not be barriers. Our operations will be open to the public and will ensure fair and equitable treatment for all. • ACCOUNTABILITY We will ensure public funds will be administered as required by State and Federal laws, in a manner that maximizes services in balance with available resources. We will do so in full accordance with the law and in the public interest with the highest degree of integrity. • CUSTOMERS We will operate in a customer - driven manner both internally and externally with a focus on treating all persons with courtesy and respect. We will strive to provide the highest quality service and ensure customer satisfaction. We will treat all citizens with dignity and respect. We will demonstrate through our actions an understanding and appreciation for cultural diversity and individual differences. Under no circumstances will harassment or discrimination of a sexual, religious, or racial nature be tolerated. Kodiak Island Borough Resolution No. FY2008 -22 Page 2 of 10 • VALUED EMPLOYEES AND VOLUNTEERS We will enable and encourage employees and volunteers to self manage their work with the expectation that they are accountable for their decisions and actions. We will strive to provide and maintain quality- working conditions along with providing the resources necessary for success. While recognizing the importance of each member's contributions to the operation, we will nurture teamwork and recognize and reward hard work, creativity, and innovation. • PURSUIT OF EXCELLENCE We are committed to quality and excellence, will strive for continuous improvements and creativity, and will not be satisfied with "that's the way we have always done it." • MISSION - DRIVEN We will focus our efforts on the mission of the Kodiak Island Borough and not allow needless rules and bureaucracy to get in the way of accomplishing our objectives. Flexibility and responsiveness, with accountability, will be the principal boundaries of our operation. • INTEGRITY, LOYALTY, AND TRUST Ethical conduct is paramount and we will work to create an environment of trust and loyalty based on open, honest, and positive interactions with whomever we have contact. • STEWARDSHIP We are committed to and expect the most efficient use of the public's resources and will strive to maximize the life, value, and utility of the public property under our trusteeship. • TEAMWORK We will work professionally and cooperatively together as a team with a spirit of mutual respect to accomplish our mission, recognizing the important contributions and solutions each member can bring to the operation. IV. KODIAK ISLAND BOROUGH GOALS The Kodiak Island Borough was created as a regional government to serve the public by financing and administering the primary functions of Education, Assessment and Collection of Taxes, Land Use through Planning and Zoning, Mental and Physical Health, and General Administration. Other services include Solid Waste Collection and Disposal, Parks and Recreation, Economic Development, and Animal Control. It is our overall goal to provide these services in an efficient and cost effective manner, taking into consideration a staffing and funding plan that strives for public satisfaction. The following strategies are designed to accomplish these goals and are modified annually to be used as a foundation for the design and implementation of the Kodiak Island Borough's annual budget. V. KODIAK ISLAND BOROUGH'S CORE STRATEGIES Overall strategic theme: To build and maintain credibility, trust, and accountability to the public. We must continually work to improve our services and allocate our resources wisely. We must listen carefully to our citizens and to fully and effectively inform them of how our actions are addressing their needs and concerns. Table of Powers MANDATORY POWERS A. Education B. General Administration and Finance C. Tax Assessment and Collection D. Planning and Zoning Kodiak Island Borough Resolution No. FY2008 -22 Page 3 of 10 ADOPTED POWERS E. Emergency Services Planning F. Community Health (restricted area - wide)' G. Solid Waste Collection and Disposal (non area -wide, outside cities, except Kodiak) H. Parks and Recreation (non area -wide, outside cities) I. Economic Development (non area -wide, outside cities) J. Animal Control (non area -wide, outside cities) K. Road Maintenance and Construction (service areas) L. Street Lighting (service areas) M. Fire Protection and First Responder Emergency Medical Services (service areas) A. Education Goals and Objectives 1. Pursue increased funding at the state and federal level to offset the local cost for education. a. Maintain a vigilant and active lobbying effort to ensure a strong voice for education at the state and federal level. b. Continue to actively participate and support regional organizations such as the Alaska Municipal League and the Southwest Alaska Municipal Conference as vehicles for increased funding for education. c. Continue to support and pursue statewide Borough formation and school district consolidation in order to create a fairer distribution of the cost of education. d. Support legislative efforts to adopt cost differential foundation formula program that will address the additional cost of education in rural areas. e. Encourage the Legislature to forward fund education. 2. Continue to improve on our positive and cooperative working relationship with the KIBSD to maximize efficiency and positive outcomes. a. Annually review all in -kind projects and operations prior to budget preparations by both bodies, and stipulate service types, levels and agreed costs and financial plans. b. Annually review with KIBSD all facilities and generate a comprehensive needs and condition survey for incorporation into Item A.2 -a. which documents a short (one year) and long (six -year) plan to address funding, staffing, and projects to address any deficiencies for each facility. c. Create a long -term fiscal plan for budget purposes that deals with the contribution cap and the fiscal shortfalls projected that minimizes negative impacts on school district operations and ensures solid educational programs and adequate maintenance and operations of school facilities. d. Seek cooperative solutions to educational needs that are balanced, sustainable, and effective. 3. Continue with the current momentum towards addressing the physical condition and cafaty naaric of arii tratinnal farilitiac to anct ira cafes haalthv arid wall- maintainari facilities that are conducive to a positive learning environment. a. Develop and proceed with the planning, design, and construction of school and related capital improvements as approved by the voters. b. Continue to seek funding for student safety projects including safe student access to school facilities. 1 This adopted power is restricted to Hospital and Mental Health services only. Kodiak Island Borough Resolution No. FY2008 -22 Page 4 of 10 c. Seek additional funding for capital improvements approved by the voters and not yet constructed due to significant construction cost increases since voter approval and sale of bonds. d. In conjunction with the school district, develop program plans that will improve maintenance and guide facility planning needs -into the futur projects. e. Develop a funding strategy that assures maintenance needs are adequately funded. 4. Aggressively pursue a vocational educational program that addresses regional needs and includes a cooperative effort between educational providers. This program will include the renovation of the existing voc -ed facility and the addition of a community voc- ed facility that is integrated with the needs of the KIBSD and the Kodiak College with a goal of providing training and skills to address the needs of the local economy. Continue to support educational solutions between the College and KIBSD that generate training and educational opportunities that assist transition from school to work. a. Work with stakeholders to generate a listing of local labor needs to ensure training funds are appropriate and focused. b. Continue to work with the Kodiak Island Borough School District in the "Career Pathways" program to ensure student needs are met and to coordinate with Kodiak College. B. General Administration and Finance Goals and Objectives 1. Create and maintain a long -term fiscal plan that incorporates KIBSD funding and maintenance costs for all Borough operations including enterprise funds. a. Create a long -term fiscal plan to produce a reliable and comprehensive plan reflecting assumptions and fiscal projections under the current fiscal and political environment. 2. Continue to provide reliable and competent accounting services to all Borough operations and departments and ensure timely reconciliation of all accounts receivable and payable. a. Continue to protect the corpus account of the Facilities Fund to offset the need for increased taxation. b. Safeguard Borough assets through an investment program that stresses safety of principal as a priority but still yields sufficient returns on investments to offset the need for tax dollars 3. Annually examine user fees during the budget process to ensure the fee structure fairly reflects the cost of providing special services or objectively quantifies general fund subsidies for Assembly consideration. a. Ensure all user fees cover the actual cost of providing the service unless a lower level of funding has been approved by the Assembly to minimize general fund subsidies of special services. 4. Increase the volume and quality of public information and education using all forms of media in a cost - effective manner that allows for interactive or two -way communications. a. Expand and maintain a quality web page that allows for access to public interest in items such as meeting schedules, minutes, and agendas, review items, along with a fully functional Geographic Information System that can be manipulated by layers to show trails, wetlands, land ownership, evacuation plans and additional links to other public resources. Kodiak Island Borough Resolution No. FY2008 -22 Page 5 of 10 b. Provide the Assembly and public with accurate and timely financial reports that reflects the Borough's financial position in a user - friendly format. c. Use technology to increase communication between Kodiak Island communities. 5. Maintain a low inventory of tax - foreclosed property through regular sales that minimizes negative community impacts. a. Ensure all properties are reviewed and selected for documented public purposes prior to disposal in a timely manner. 6. Continue to work with municipalities and other service providers to increase efficiencies and cooperation that will lower costs to the citizens. a. Continue to pursue efficiencies by utilizing municipal services in a cooperative manner with all municipalities. b. Continue to review and evaluate all options for providing superior services through consolidation, annexation, unification or other methods that may maximize efficiencies. c. Enforce road service area powers and operations. d. Educate the public on how a neighborhood fits into service area powers and procedures. e. Establish a process that would develop roads in a cost effective manner. 7. Continue to review and implement land management strategies for public owned lands. This includes land sales that are in balance with the real estate market and provide the transfer of developable public lands to the private sector in an equitable and cost - effective manner. Reserve KIB land for public recreation (hunting, hiking, berry picking, 4 wheeling, etc.). a. Evaluate all Borough land on a regular basis and conduct a sale of land that is appropriate for development and in demand. 8. Operate and maintain Borough facilities in a safe, healthy, and attractive manner that creates a positive environment for the community and ensures safe and reasonable access for all citizens including the physically impaired. a. Ensure lease rates of Borough facilities generate, at a minim m, sufficient revenues to pay for adequate operational and maintenance expenses. b. Identify and seek funding sources to evaluate Borough facilities to ensure earthquake survivability. c. Ensure that all Borough buildings are brought into ADA compliance during renovation. d. Work cooperatively with local government entities to develop a sustainable facilities replacement plan. 9. Develop and implement a methodology to systematically review and evaluate Borough operations. a. Review and update the Personnel Rules and Regulations. C. Tax Assessment and Collection Goals and Objectives 1. Continue to provide a comprehensive taxation and assessment program that is fair and equitable for all citizens that assesses values of all properties at market value and provides adequate funding to accomplish the mission statement. a. Review all forms of taxation to ensure 100% inclusion. b. Continue to review the property inventory to ensure valuations and data are current. Kodiak Island Borough Resolution No. FY2008 -22 Page 6 of 10 2. Review taxation options with an eye towards diversification of taxation in order to spread the tax burden as much as possible. a. Review policy that excludes property from taxation in road service areas if the property fronts on a state ROW. b. Review taxation policies on commercial tourism activities. 3. Complete the (implementation of a comprehensive Geographic Information System (GIS) for the Borough. a. Extend the base map layer in the qeo database beyond the road system to include the entire borough. b. Synchronize the GIS map with the property records in the assessing department database, enabling the generation of maps displaying any given selection of legal or physical property characteristics. Encourago tho c. Set up a web server to which the database will be copied nightly, giving the public continuous access to up -to -date property records and user - defined maps. Intograto tho GIS program with tho E 911 system and ceok financing D. Planning and Zoning Goals and Objectives — Community Development 1. Create a quarterly joint review process with the Planning and Zoning Commission to review existing issues and new initiatives related to planning and zoning. a. Create an incremental training program and curriculum for Planning and Zoning Commissioners that addresses both the legal and community responsibilities of the Planning and Zoning Commission and recognizes the need for continued talent and expertise at this level. b. Facilitate the attendance of new commissioners to New Commissioners training programs, along with subscription services to appropriate planning books and periodicals along with building up the existing in house media library. c. Provide through the Borough clerk's office training for the proper and legal process for meetings to ensure fair and equitable treatment of Borough citizens. d. Review National Flood Insurance Program. 2. Maintain and update - - - - - - - :••:. - - •- - - - - - - - - - - •- the Comprehensive Plan on a regular basis with maximum public input and review for update and incorporation of the various area plans. a. To the extent possible, merge the values of the Coastal Zone Management Program with the Kodiak Island Borough Comprehensive Plan to provide borough -wide policy guidance on land use and planning issues that promotes efficient use of resources and which is concise and easy to understand by the public. 3. Review existing zoning ordinances with a focus on minimizing the amount of zones where possible to mitigate confusion and simplify zoning administration. a. Review adopted subdivision codes (Title 16) and zoning districts (Title 17) to ensure that they are appropriate and focused on the needs and direction provided by the newly adopted comprehensive plan. Kodiak Island Borough Resolution No. FY2008 -22 Page 7 of 10 b. Periodically review the inventory of public and private land that is available for development by zoning district in order to determine whether there is adequate land within the various zoning districts to provide for the needs of all borough residents. c. Review and analyze area zoning to determine the need and potential placement of various zoning districts where needed to meet the diverse needs of all Kodiak Island Borough residents. 4. Continue to work towards high quality service delivery with reasonable staffing levels by encouraging the efficient use of existing assets and by vigorously pursuing state /federal planning grants. a. Seek out and utilize other State and Federal planning programs and integrate them with existing Borough planning needs to maximize resources. 5. Review Building Inspection Program to ensure efficient and cost effective program for the community. E. Emergency Services Planning — Community Development 1. Continue to work with the City of Kodiak and other emergency responders in providing up -to -date emergency plans. a. Continue to seek out and implement grant programs to aid in funding the update of emergency plans, responder's equipment purchases, and training opportunities. b. Provide opportunities to ensure that all emergency personnel and Incident Command Center staff are fully trained to perform their tasks in the case of emergency. c. Continue to educate the public as to responses and procedures in the cases of emergency. d. Review and update tsunami sirens on Kodiak Island. Community Health Goals and Objectives 1. Create long -term facilities Master plan for the Counseling Center. a. Working with the consultant and advisory groups to create a long -term plan for health facility maintenance and construction to serve the needs and changing demographics of the community. b. Comploto tho unfiniched portion of the Hocpital and provido spaco for tho g. b. Seek out additional Grant Opportunities. 2. Seek to acquire sufficient land to support future Hospital growth that is reflective of the long -term facilities plan for the Hospital. a. Utilizing the product of E. 1.a., seek to acquire sufficient land to serve any future construction needs. b. Complete the unfinished portion of the Hospital and provide space for the Community Health Care Center along with adequate handicapped access and parking. c. Work cooperatively with Providence to complete the community needs assessment. d. Seek to research all options in order to provide quality health care to citizens of Kodiak Island. 3. Continue to advocate for appropriate full reimbursement of hospital costs and citizen medical expenses by the State, Federal government, and Coast Guard in a fairer manner. Kodiak Island Borough Resolution No. FY2008 -22 Page 8 of 10 4. Seek out additional grant opportunities. 5. Advocate for the best health care in a coordinated manner with Federal, State, and local agencies. 6. Work with other agencies in Kodiak to develop quality facilities for senior citizens. G. Solid Waste Collection and Disposal Goals and Objectives 1. Consolidate existing plans and long -term needs into a comprehensive solid waste plan that addresses the solid waste function for the next 30 years in an economic and efficient manner. a. Continue to monitor the Solid Waste Rate Study. b. Identify future site for landfill expansion area (after 2020) and options for utilization of existing landfill after closeout. c. Gendust Complete a Solid Waste Management Study /Analysis Survey that looks at options for the future. d. Review and implement any needed operational safety items at the landfill facility that are consistent with federal and state standards. e. Continue to take steps that will extend the existing landfill site through comprehensive recycling and other means for as long as possible without going out of the current permitted area. f. Develop a fee structure to give citizens incentive to recycle. g. As part of the plan identify and quantify all forms of subsidies and equate progressive effects such as recycling to the impact on landfill life and the relationship to costs. h. Continue to investigate federal and state loans and grants to pay for lateral expansion and closeout of the existing "footprint" upon closure. i. Encourage KIBSD and Kodiak College to recycle waste and to add recycling education to their education programs. 2. Evaluate and analyze the recycling program to create a long -term participatory program and plan that is economically sustainable. a. Coordinate with stakeholders and product producers with a focus on rewarding good practices and minimizing solid waste production. b. Identify key sources of the waste stream and, through stakeholder and taskforce methods, address how to minimize the volume and costs of handling those items identified. H. Parks and Recreation Goals and Objectives 1. Evaluate and identify those lands under Borough ownership that would be appropriate for parks and recreation facilities, with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. a. Review urban areas for potential neighborhood pocket parks in areas of growth. b. Develop standards for playground equipment and related improvements to ensure the highest degree of utility at the lowest reasonable cost c. Meet with the Parks and Recreation Committee on a quarterly basis. 2. Create Complete a road system trails plan using public participation and existing trails with a focus on a trail network that is interconnected and allows for minimum user conflict and maximum use by all citizens. a. Reenergize the Parks and Recreation Committee and complete a trail plan that is web ready and easily accessible for all citizens. Kodiak Island Borough Resolution No. FY2008 -22 Page 9 of 10 3. Encourage the Parks and Recreation Committee to move ahead with conceptual plans for Mill Bay Park, awe End of the Road Park, and winter use of urban lakes. I. Economic Development Goals and Objectives 1. Maintain vigilance and effective participation in fishery politics and legislation that advocates for long -term preservation of landings of product to the Borough and ensures any environmental restrictions on fisheries are based on sound science and fairly reflect any socio- economic impacts on our region. a. Continue to work with the City of Kodiak and KFAC to pursue a comprehensive and effective program that leads to sustainable and economically productive fisheries that ensure the long -term health of the fishery habitat and ecosystem. b. Find and work with industry representatives that have a regional and cooperative focus to assist in the direction of efforts and resources in affecting fisheries policy and legislation. c. Determine and foster strategies to create a statewide force to offset negative, incorrect, or misleading information about fisheries. 2. Actively pursue development of airport capacity and look for opportunities for fish cargo. 3. Continue to pursue high quality telecommunications access through fiber optics and Internet access to outlying areas. a. Ensure that telecommunications are integrated into the long -term plans that allow for maximum efficiencies and minimize redundancies through use of common easements and infrastructure. 4. Review ways to promote, encourage, and support the development of small businesses /home businesses including those in the outlying communities. 5. Initiate a review of the expansion of the core -area parking exemption established in KIBC 17.57.020 and coordinate the review process with the City of Kodiak, affected property owners and the general public. 6. Work with Kodiak Chamber of Commerce and Kodiak Island Convention Visitors Bureau to promote quality tourism growth. J. Animal Control Goals and Objectives 1. Continue to support a program that protects the public and animals in a cooperative cost effective and efficient manner. a. Continue to have the Community Development Department monitor the contract to ensure conflicts are minimized and public health and safety are maximized. Kodiak Island Borough Resolution No. FY2008 -22 Page 10 of 10 CORRECTED VERSION v C ( d KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -23 ntroducedjby: Requested by: Drafted by: Introduced: Adopted: ,517t-k �u v? Ci A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEARS 2008 -2012 1. Kodiak - Near Island Research and Administration Facility Total estimated cost of the project Federal Funding Requested Manager Gifford Assembly CDD Director Cassidy 01/17/2008 WHEREAS, a federal capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community over the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified six main projects to submit to the Alaska Congressional Delegation for funding consideration. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's top six federal capital improvement project priorities for fiscal years 2008 -2012 are as follows: $13,200,000 $ 6,540,000 Locating a new Alaska Department of Fish and Game building on Near Island in Kodiak and adjacent to its existing federal counterpart facility will have many advantages; information sharing is just one. And this is important as research on the resources injured during the Exxon Valdez Oil Spill continues. However, the real justification for this new building are the shortcomings found in the existing 1973 era ADF &G building as identified in the a "Condition Survey" performed in 2002. In the report it is demonstrated that there is a need for additional space (approximately 60% more), which includes basic lab space. Though the estimated cost of construction of this new facility is estimated to be $13,200,000 the KIB will be requesting through the Exxon Valdez Oil Spill (EVOS) Trustee Council an amount associated strictly for the space dedicated for research purposes only. That space is roughly 50% of the total space of this facility. The state of Alaska has dedicated $3,150,000 toward the project to date. 2. Feasibility Study — Island Wide Comprehensive Transportation Plan Total cost of the project $250,000 Federal Funding Requested $125,000 This feasibility study will examine comprehensively the transportation needs of the rural communities on the island. It will look at air, road and marine transportation networks and make recommendations for logical and ium icai development. infrastructure improvements are important in developing private enterprise in these communities and making these locations sustainable communities. These rural transportation services can be an extension of existing air and ferry services based in the Kodiak Community. Such a study is of major significance since freight and bulk fuel delivery companies have recently ended service to the rural communities of Kodiak Island. Kodiak Island Borough, Alaska Resolution No. FY2008 -23 Page 1 of 3 CORRECTED VERSION 3. Anton Larsen Dock (design, repair and construction) Total cost of the project Federal Funding Requested $1,000,000 $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak form this dock. The potential risk to loss of life and property is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. 4. Womens Bay Emergency Shelter Total cost of the project $1,200,000 Federal Funding Requested $800,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USCG Support Center. Should there be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or the Old Womens Mountain site, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to shelter needs in times of crises. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $1,200,000. 5. Kodiak Roads Total cost of the project $4,000,000 Federal Funding Requested $2,500,000 Many of the roads on Kodiak are composed of compacted gravel topped off with finer material. The local material utilized for road construction is mudstone that breaks down into finer material after being compressed by traffic, road maintenance and snow removal. This material presents a continuous struggle to maintain in a rainy climate, resulting pot holes and drainage repair are frequent and common issues. Also, there is a desire to pave major local roads with asphalt to eliminate the hazardous wind borne haze caused by dust. The cost of asphalt alone for these roads is $200 /ton; this price does not include engineering, road preparation and improved drainage needed prior to paving these roads. Kodiak Island Borough, Alaska Resolution No. FY2008 -23 Page 2 of 3 CORRECTED VERSION 6. Baranof Park Improvements Total cost for the project: $5,000,000 State Funding Request. $2,500,000 This project will replace the aging track, field drainage, and bleacher area in Baranof Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the Park. Baranof Park is a regional recreational facility that serves not only City residents, but the entire region. The park serves as an important educational facility for both Kodiak Middle School and Kodiak High School, neither of which have any other outdoor educational facilities Improvements to Baranof Park are estimated to cost $5 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. The City of Kodiak is moving forward with the development of detailed engineering plans and bid specifications for these needed improvements. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. Section 2. The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -23 Page 3 of 3 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -23 Introduced by: Manager Gifford Requested by: Assembly Drafted by: CDD Director Cassidy Introduced: 01/17/2008 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEARS 2008 -2012 WHEREAS, a federal capital improvement program has been adopted by the Kodiak Island Borough Assembly that identifies the needs of the community over the next five (5) years; and WHEREAS, the Kodiak Island Borough has identified six main projects to submit to the Alaska Congressional Delegation for funding consideration. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's top six federal capital improvement project priorities for fiscal years 2008 -2012 are as follows: 1. Kodiak - Near Island Research and Administration Facility Total estimated cost of the project Federal Funding Requested $13,200,000 $ 6,540,000 Locating a new Alaska Department of Fish and Game building on Near Island in Kodiak and adjacent to its existing federal counterpart facility will have many advantages; information sharing is just one. And this is important as research on the resources injured during the Exxon Valdez Oil Spill continues. However, the real justification for this new building are the shortcomings found in the existing 1973 era ADF &G building as identified in the a "Condition Survey" performed in 2002. In the report it is demonstrated that there is a need for additional space (approximately 60% more), which includes basic lab space. Though the estimated cost of construction of this new facility is estimated to be $13,200,000 the KIB will be requesting through the Exxon Valdez Oil Spill (EVOS) Trustee Council an amount associated strictly for the space dedicated for research purposes only. That space is roughly 50% of the total space of this facility. The state of Alaska has dedicated $3,150,000 toward the project to date. 2. Feasibility Study — Island Wide Comprehensive Transportation Plan Total cost of the project $250,000 Federal Funding Requested $125,000 This feasibility study will examine comprehensively the transportation needs of the rural communities on the island. It will look at air, road and marine transportation networks and make recommendations for logical and economical development. Infrastructure improvements are important in developing private enterprise in these communities and making these locations sustainable communities. These rural transportation services can be an extension of existing air and ferry services based in the Kodiak Community. Such a study is of major significance since freight and bulk fuel delivery companies have recently ended service to the rural communities of Kodiak Island. Kodiak Island Borough, Alaska Resolution No. FY2008 -23 Page 1 of 3 3. Anton Larsen Dock (design, repair and construction) Total cost of the project Federal Funding Requested 4. Womens Bay Emergency Shelter Total cost of the project Federal Funding Requested 5. Kodiak Roads Total cost of the project Federal Funding Requested o ,o go $1,000,000 $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak form this dock. The potential risk to loss of life and property is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing t floating dock structure. Much more needs to be done to replace the dock and pjles an design an improvement to this important facility. b X00,000 1`00,000 There is no emergency shelter in the Womens Bay Community. Wome s Bay is located 8 miles from town and 2 miles from the USCG Support Center. Should t re be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or Old VV©mbns Mountain site, the community of 670 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to shelter needs in times of crises. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $700,000. $4,000,000 $2,500,000 Many of the roads on Kodiak are composed of compacted gravel topped off with finer material. The local material utilized for road construction is mudstone that breaks down into finer material after being compressed by traffic, road maintenance and snow removal. This material presents a continuous struggle to maintain in a rainy climate, resulting pot holes and drainage repair are frequent and common issues. Also, there is a desire to pave major local roads with asphalt to eliminate the hazardous wind borne haze caused by dust. The cost of asphalt alone for these roads is $200 /ton; this price does not include engineering, road preparation and improved drainage needed prior to paving these roads. Kodiak Island Borough, Alaska Resolution No. FY2008 -23 Page 2 of 3 6. Baranof Park Improvements Total cost for the project: $5,000,000 State Funding Request. $2,500,000 This project will replace the aging track, field drainage, and bleacher area in Baranof Park. The track is the only track located in the Kodiak region. In -field improvements will include a synthetic surface for multi - purpose use and a "D" zone for field events. In addition, a synthetic surface is planned for the second multi - purpose field located in the Park. Baranof Park is a regional recreational facility that serves not only City residents, but the entire region. The park serves as an important educational facility for both Kodiak Middle School and Kodiak High School, neither of which have any other outdoor educational facilities Improvements to Baranof Park are estimated to cost $5 million, with at least half the cost of these improvements attributed to Kodiak Island Borough School District use of the facility. The City of Kodiak is moving forward with the development of detailed engineering plans and bid specifications for these needed improvements. The community is requesting funding support for half the estimated cost of constructing these important community and school district facilities. Section 2. The Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No, FY2008 -23 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2008 -13 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Clarify Request for Ordinances or Legal Opinions Processes. SUMMARY: This ordinance was requested by Assembly member Abell which addresses a change on who should prepare ordinances and clarifies that all written legal opinions, relating to borough business, should go through the manager's or clerk's office. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -13 in first reading to advance to public hearing on February 21, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -13 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2001 ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.17 BOROUGH ASSEMBLY, SECTION 2.17.070 ORDINANCES, RESOLUTIONS, AND MOTIONS WHEREAS, the borough reverted to a manager plan of government on October 19, 1998; and WHEREAS, the governing body enacted provisions in 1998 for the reorganization of the municipal executive and administrative functions; and WHEREAS, KIBC 2.17.070 subsection H was missed and should be changed to read that any member of the Assembly may request the manager or clerk to prepare ordinances instead of the mayor or clerk; and WHEREAS, KIBC 2.17.070 subsection H should also be clarified that all requests of written legal opinions, relating to borough business, should go through the manager's office or the clerk's office; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, resolutions, and motions is amended to read: H. Request for ordinances or legal opinions. Any member of the assembly may request the mayor manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in B of this section. Any two (2) or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -13 Paae 1 of 1 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.C.2 TITLE: Ordinance No. FY2008 -14 Amending Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to Provide a Procedure for Re- visiting Failed Ordinances, Resolutions, and Motions. This ordinance was requested by Assembly member Abell which deals with motions that could present a challenge to the Assembly by re- visiting failed motions that reach the same outcome meeting after meeting. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -14 in first reading to advance to public hearing on February 21, 2008. OPTION A - CITY OF KODIAK KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -14 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.17 BOROUGH ASSEMBLY, SECTION 2.17.070 ORDINANCES, RESOLUTIONS, AND MOTIONS WHEREAS, it is in the best interests of the borough to provide a procedure for re- visiting failed ordinances, resolutions, and motions; and WHEREAS, re- visiting motions could present a challenge to the Assembly by listening to the same debate and reach the same outcome meeting after meeting; and WHEREAS, subsection N, if adopted by inclusion, would prevent abuse of the re- visiting privileges; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, resolutions, and motions is amended to read: 2.17.070 Ordinances, resolutions, and motions. L. Division of question. The chair may divide the question or an assembly member may request a division of a question. M. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance. N. A defeated motion /proposal may not be reintroduced for one year. However, a motion may be reintroduced following an election of new Assembly members. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2008 -14 Page 1 of 1 OPTION B - AS RECOMMENDED BY INT'L INSTITUTE OF MUNICIPAL CLERKS Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY200X -XX Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.17 BOROUGH ASSEMBLY, SECTION 2.17.070 ORDINANCES, RESOLUTIONS, AND MOTIONS WHEREAS, it is in the best interests of the borough to provide a procedure for re- visiting failed ordinances, resolutions, and motions; and WHEREAS, re- visiting motions could present a challenge to the Assembly by listening to the same debate and reach the same outcome meeting after meeting; and WHEREAS, on the other hand, the Assembly should not be locked into flawed decisions and should be free to change its mind in response to new information; WHEREAS, subsection N, if adopted by inclusion, would prevent abuse of the re- visiting privileges; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, resolutions, and motions is amended to read: 2.17.070 Ordinances, resolutions, and motions. L. Division of question. The chair may divide the question or an assembly member may request a division of a question. M. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance. N. The same or substantially the same motion that receives the same outcome two meetings in a row shall not be re- visited for six months, unless the members, by a majority vote, agree to do so. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2008 ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2008 -XX Page 1 of 1 OPTION C - KENAI PENINSULA BOROUGH KODIAK ISLAND BOROUGH ORDINANCE NO. FY200X -XX Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.17 BOROUGH ASSEMBLY, SECTION 2.17.070 ORDINANCES, RESOLUTIONS, AND MOTIONS WHEREAS, it is in the best interests of the borough to provide a procedure for re- visiting failed ordinances, resolutions, and motions; and WHEREAS, re- visiting motions could present a challenge to the Assembly by listening to the same debate and reach the same outcome meeting after meeting; and WHEREAS, subsection N, if adopted by inclusion, would prevent abuse of the re- visiting privileges; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel, Chapter 2.17 Borough Assembly, Section 2.17.070 Ordinances, resolutions, and motions is amended to read: 2.17.070 Ordinances, resolutions, and motions. L. Division of question. The chair may divide the question or an assembly member may request a division of a question. M. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance. N. A defeated motion /proposal may not be reintroduced for sixty (60) days. This prohibition does not apply if a committee has voted by a majority of its membership to reintroduce the item. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -XX Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING TITLE: Assembly Appointment to the Personnel Advisory Board. SUMMARY: There is one applicant on the Personnel Advisory Board. Susan Killary submitted her application on January 2, 2008. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Ms. Killary's application was sent to all Borough employees by email. le/4 APPROVAL FOR AGENDA: ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to confirm the appointment of Susan Killary to the Personnel Advisory Board for a term to expire 2010. Name Term Susan Eoff 2009 1254 Sargent Creek Road Kodiak, AK 99615 Vacant William "Bill" King 285 Lilly Drive, Unit A Kodiak, AK 99615 Brenda M. Zawacki 709 Sargent Creek Road Kodiak, AK 99615 Vacant 2010 487 -2301 2008 486 -4567 2008 487 -4986 2010 Staff: Lauri Whiddon, HR Officer /Executive Assistant Revision date: 12/11/07 Revised by: jk KODIAK ISLAND BOROUGH Personnel Advisory Board Home Phone Work Phone 486 -8111 487 -4382 Email eoff @alaska.net theKings @gci.net 486 -9558 Brenda.Zawacki @providence.org 486 -9301 Iwhiddon@kib.co.kodiak.ak.us Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kodi BOARD APPLICATION HOME PHONE:'K(0 ' ack>rsq WORK - / CELL NO. NAME: E -MAIL: S 1C1 L.Zo.2 (c3 iv ci< 0.9_ STREET ADDRESS: J At) !Ul 5e-e1 MAILING ADDRESS:' ,Airn,L. LENGTH OF RESIDENCE IN KODIAK: ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: ' ) (t U TE oC�.i,� V J t i- � `� v Y 4 J�. J i I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) ACI u "\ 3. ignatur A resu - or le - r of interest may b - = - ac Please -tum e application by th adve Voter ID No Verified Applicant's Residence; •rou• ('' City Date Appointed: Term Expires on: Comments: Documentation: 2. 4. - STAFF USE ONLY - a - a@ Date l L_ JAN 2 2008 BCi ` ,:. . d, but is not required. This application will be kept on file for one year. ed deadline. - W- IN ALASKA: "l / - YES( NO( ) YESM NO( ) ' ck L-i.- ; idc-- -. 1 (e5krICd 1 = --out( 5 - tii. ai Appointment Letter: Roster: Oath of Office: Financial Disclosure: '10E. cROFESSIRRN ct`C, AL ACTIVITIES: ' C 4,/e3 (0 Se Q`oc;c' - C:S'-r�C.L n- ti�S -Q,( i nJ �]C n J �^ ) / �\ WDz,IzZCfl w/ �Lt l o-,\ LLaC 4.�� (- A- CS Ld AREA OF EXPERTISE AND/OR DUCA ION: C V iS■ Dn, �L� b, 0e,I 1.--ekit1 s 1 I - i. c sib 11 R, C3 (List in order of preference) Nova Javier From: Bud Cassidy Sent: Monday, January 07, 2008 5:00 PM To: Nova Javier Subject: RE: Personnel Board Application I served on a board with Susan. I think she would be a good Personnel Board member. She has worked for a non - profit and dealt with personnel matters as executive director. I believe she now works for ADF &G? I would support Susan. Thanks Original Message From: Nova Javier Sent: Monday, January 07, 2008 4:57 PM To: All Subject: Personnel Board Application Hello, Susan Killary submitted her application for the Personnel Board vacancy. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Please submit your comments by Thursday. Thank you, Nova 1 Nova Javier From: Meagan Christiansen Sent: Tuesday, January 08, 2008 9:01 AM To: Nova Javier Subject: RE: Personnel Board Application I have no objections. Meagan Original Message From: Nova Javier Sent: Monday, January 07, 2008 4:57 PM To: All Subject: Personnel Board Application Hello, Susan Killary submitted her application for the Personnel Board vacancy. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Please submit your comments by Thursday. Thank you, Nova 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING TITLE: Assembly Appointments to the Womens Bay Service Area Board. SUMMARY: There are two seats open on the Womens Bay Service Area Board to expire 2010 and 2009. There are three applicants: David Conrad, Robyn Haight, and Jessica Horn. The Board will meet on Tuesday, January 8 and a letter of recommendation will be forwarded before the meeting. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: A. A member submits a resignation accepted by the assembly; B. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. C. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. D. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to appoint ITEM NO: 13.D.2 Name John Isadore, Chair 2008 487 -2876 11102 Alitak PO Box 33 Kodiak, AK 99615 George Lee, Vice Chair 2009 487 -2696 487 -5770 kasolee @ptialaska.net 171 Otter Avenue Kodiak, AK 99615 Craig S. Breitung 2010 11488 Womans Bay Drive Kodiak, AK 99615 Vacant 2010 Scott Griffin 2008 487 -4034 597 Sargent Creek Road Kodiak, AK 99615 Spencer Schaeffer 2008 487 -2765 841 Sargent Creek Road P. O. Box 2133 Kodiak, AK 99615 Vacant 2009 Dale Rice, Womens Bay Fire Chief Ex- officio /non- voting Womens Bay Fire Hall 538 Sargent Creek Road Kodiak, AK 99615 Revision date: 12/07/2007 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email 487 -9777 487 -2589 487 -4312 487 -4312 izzy @aclalaska.net 487 -5179 breitboy @att.net NAME: HOME PHONE: 1 491 - 21 `i3 ' ^ Z --WORK : STREET ADDRESS: 1 U( CITENZ_ tdoe MAILING ADDRESS: :V: LENGTH OF RESIDENCE IN KODIAK: 2v IN ALASKA: ZG' ARE YOU A REGISTERED VOTER IN KODIAK? YES ( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES UCr NO ( ) COMMUNITY ACTIVITIES: A -: Ts\ I` 1/�tSln ^tiYl� W Uw'tLy`� y 2--,v(11 PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: 3. C Pt yv.A-- I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. wOw1 ��c, Signs Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 9961 Phone (907) 486 -9310 Fax (90 14 x ' 9391' EMAIL: njavier @kib.co.kod .us L, DEC ' 2007 BOARD APPLICATION E -MAIL: a 7,3 4. I / 7 Date l4C1 v c ✓z. T �,�.t��� A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please retum the application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified $y; -- Applicants Residence; B Date Appointed: Term Expires on: Comments: Documentation: Appointment Letter: Roster Oath of Office: Financial Disclosure: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us BOARD APPLICATION NAME: 4 KOb HOME PHONE: / - 8'7 -- ' s WORK : E -MAIL: STREET ADDRESS: 7 8`c 3a C C? s(\. 0 A' 4 '- MAILING ADDRESS: 7E? -C e...->-:\- C'.-'a _ `c�24,-. LENGTH OF RESIDENCE IN KODIAK: / 7 y C?C IN ALASKA: ) 7 yea-Ls ARE YOU A REGISTERED VOTER IN KODIAK? YES NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES NO ( ) COMMUNITY ACTIVITIES: (v)\I - lef•F'� ----b<- 4 A,--\ F;��` �� (-� s evp s o .. \0,-,A . L \ c s c.1L Uo ,,.--\; -e_ c - r PROFESSIONAL ACTIVITIES: — � � M .Q� ! -c a P c(-- - \ cis -- — c_ \ a A X 'S=,c C SC -0-',.&* � S so c', A d 4o c k � �, \o v X 51 �O�S COh — ` '(1G � \ \ +mac CO c1"ve -- AREA OFE XPERTISE ANDIOR EDUCATION: \ 1--ct J e ,,•-�Q A_ �(1�� \e c r. Lin - -� i oo\CG • • ,r cc.cJ I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) -�� T . \� m Gs• S�__C� t 2. 3. AlirfiralrldWriar D r2 t QQ)ert. ,g(6) .X6 - ure V esume or letter of interest may Lattached, but is not required. This application will be kept on file for one year. lease return the application by the advertised deadline. T'd STEb- LBb -L06 4. Appointment Letter: Roster: Date Appolnled: Oath of Office: Temn Esdres on: Fir urtcisl Disclosure: Comments' Voter ID No Verified By. Applicants Residence; Borough ^ City ( ) - STAFF USE ONLY - Documentation: 42TeH uigoN 4 LE :2T LO 82 AOIJ Jessica Kepley crom: Support@civicplus.com ;ent: Friday, December 28, 2007 7:26 PM To: Nova Javier; Marylynn McFarland; Jessica Kepley Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Womens Bay Service Area Board Name:: Jessica Horn Sex:: Female j Home Address:: 665 Sargent Creek Road JAN 2 2008 Home Phone Number:: 487 -2718 Mailing Address:: 665 Sargent Creek Road Business Phone Number:: n/a Occupation:: Full time mom, seasonal Fish and Game tech _mail Address:: Length of Residency in Kodiak:: 6 years, all in Womens Bay Service Area Are you a registered voter:: Yes High School:: Petersburg (Alaska) High School College:: University of Wisconsin and University of Alaska Trade or Business School:: Hobbies:: Exploring the outdoors, Photography, Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: 'lease list organization memberships and positions held:: Peterson PTA 1 Voter Id No. Verified Applicant's residence Bdrough(W City ( ) Date Appointed: ' - Term Expires on: Com m ents: Please List Areas of Special Interest: My areas of special interests as pertaining to the Womens Bay Service Area are: - road safety for pedestrians, bicyclers, horse riders, and motorists alike - ensure upkeep and maintenance of the area parks - resolve the problem of random garbage dumping Please Enter Basic Resume Information Below: Work History: Extensive Dispatching and Customer service experience for various airlines throughout Alaska. Degrees and Professional Licenses: Part 121 Dispatcher License AA Degree - Travel Industry Management Additional Information: Form submitted on: 12/28/2007 7:25:55 PM Submitted from IP Address: 66.230.124.230 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 2 TITLE: Mayoral Appointment to the Planning and Zoning Commission. SUMMARY: There are two applicants for a Borough seat to expire 2008: Jim Purdy and Alan Torres. This is for the seat vacated by Gary Carver. There is one remaining vacant City seat to expire 2008. An application has been received and in the process of being reviewed by the City. This City seat appointment will be before the Assembly at the next meeting. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Mr. Jim Purdy on the borough seat to expire 2008 on the Planning and Zoning Commission. Name acant (B) Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 Vacant (C) 2008 Revision date: 12/10/07 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email 2008 2009 487 -4055 487 -2125 (H)cjanz @ptialaska.net (W) cjanz0l @kodiakschools.org Gary Juenger (B) 2010 486 -2221 487 -5180 gjuengerl @gci.net 3899 Harry Nielsen ext. 132 Kodiak, AK 99615 William Kersch (C) 2009 486 -4854 486 -4721 williamusps @yahoo.com P.O. Box 282 1812 Mission Road Kodiak, AK 99615 David King (B) 2009 481 -2930 942 -0272 (H)dkingak @gci.net 2949 Spruce Cape Dr #1 (W)david_king @fws.gov P.O. Box 3634 Kodiak, AK 99615 Brent Watkins (C) 2010 486 -1717 brentski @yahoo.com 307 Childs Drive Kodiak, AK 99615 Staff: Bud Cassidy Comm. Development Director 486 -9360 bcassidy @kodiakak.us Duane Dvorak, Comm. Development Assoc. Planner /LRP 486 -9362 ddvorak @kodiakak.us Sheila Smith, Community Development Secretary 486 -9363 ssmith @kodiakak.us P HOME PHONE: 46° 1( ( WORK : 46• E -MAIL: Kboi,aff-.,NDsole.,ErNG, e STREET ADDRESS: 21"6 9 LAr-EVC(,J Pail kir MAILING ADDRESS: 21-0 LAEViEtz l)1P -'Ili' LENGTH OF RESIDENCE IN KODIAK: 18 yes IN ALASKA: y -4- ARE YOU A REGISTERED VOTER IN KODIAK? YES (vf NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (VI NO ( ) COMMUNITY ACTIVITIES: NAME: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: Lkiv.o L(4 � ci- D � - iNavo(Q LAPP OWLoPtArryvc + PLArMIN&I I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. PLurvingl c- Zoi0INc1 ObniMissIDA) 2. Island Borough of the Borough Clerk 10 Mill Bay Road diak, Alaska 99615 86 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us BOARD APPLICATION 4. 11 / 1,6 Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the vertised deadline. 04 o7 . ) co Voter ID No Verified By: Applicant's Residence; Dale Appointed: Term Expires on: Comments: e I' • to JJ!4t' [mil fL t , AA/ 7 c A I1 Le;. `7 - STAFF USE ONLY Documentation: Appointment Letter: Roster: Oath of Office: Financial Disclosure: FROM : K0DIFK IS BOROUG • STREET ADDRESS: 27" •MAILING ADDRESS: J•Ven LENGTH OF RESIDENCE IN KODIAK: 6 51A IN ALASKA: _______ • REGISTERED VOTER: YES IN NO ( ) PROPERTY OWNER IN KODIAK: YES (X) NO ) COIVIMUNITY ACTIVITIES: 9 oc 45 04/4 ,` , • deoc A.. mot., n - 0,4; fi A./X. v.c. to' , f/e 1 NAME: HOME PHONE: (2,/cicr e Ar PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND/OR EDUCATION (that would benefit membership on Boards) I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference): .'A/j ze746/G- 3. 4. v E 07 486 9346 '-2; Nov. 03 2005 11 : 23PM P1 NOV 1 r- KQDI 1SLAND BOROUGH ittFIC*0 - THE BOROUGH CLE 711 MILL BAY ROAD KO AK, ALASKA 99615 NE: (907) 486-9310 FAX: (907) 486-9391 /92f/ 1-15% -02./ 7 WORK PHONE: V� ?” A resume or letter of interest may be attached, but is not required. This application .A year, Please return application b the advertised deadline. - STAFF UgG ONLY • BOROUGH CLERK'S OFFICE V/4164-11/7 it i Voter 1p No Verified By; a d ear ' Doeumentatton: Appointment Latttr, - Appiteaors Poskionc*: eio • IT . city ( ) Roster. Date Appointedl Oath ol Office: Term Expires On: Firmncial Dosur* Commatilt: : .,,,,...........,................,—.---..---- die-eziti PAA6 -e-g*-v----04 1,-L 4-741 il/47 aii4vAizizifiAatezil#11,4e-t444/ ' ileirA-,A , . TITLE: SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.D.4 Mayoral Appointment of Assembly Representative to the Kodiak College and Kodiak Fisheries Advisory Council. These are two seats that were left vacant during the annual appointment process. Mayor Selby requested the Assembly confirm his appointment of Assembly member Jeffrey as the Assembly representative to the Kodiak College Council and Kodiak Fisheries Advisory Committee. ( 1\0610,0 ITY RECOMMENDED MOTION: Move to confirm the mayoral appointment of Assel member Y Pp Y Jeffrey as the Assembly representative to the ial s un ' d the Kodiak Fisheries Advisory Committee. TITLE: Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. SUMMARY: Ms. Mary Jacobs has served as the Kodiak Island Borough representative on the Cook Inlet RCAC board since 2001. She is planning to move to Oregon and after the annual March meeting, she will be unable to serve anymore. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.D.5 Elizabeth Chilton expressed an interest to become the replacement. This appointment will expire March of 2011. Mayor Selby requested the confirmation of his appointment of Ms. Chilton. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to expire March 2011 to the Cook Inlet Regional Citizens Advisory Council. Members Alaska State Chamber of Commerce Alaska Native Groups Environmental Groups Recreational Groups Aquaculture Associations Fishing Organizations City of City of Kenai City of City of Homer Kodiak Island Borough Kenai Penin.cula Borough Municipality of Anchorage "The mission of the Council is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet." November 1, 2007 Kodiak Island Borough Jerome Selby, Mayor 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Selby: The Cook Inlet Regional Citizens Advisory Council (RCAC) is a citizen's oversight council for oil operations in the Cook Inlet area and connected waterways, organized under provisions in the Oil Pollution Act of 1990 (OPA 90). The Council's mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. The Council, formed in late . 1990, as a not for profit corporation, consists of special interest groups and municipality seats, which includes the Kodiak Island Borough. The Board of Directors are elected on a 3 year rotating basis. The three -year term for the Kodiak Island Borough seat expires in March of 2008. The seat is currently held by Ms. Mary Jacobs. Your participation in this membership process is important tows! Please submit to our office by January 28, 2008, written notification of your continued .appointment of Ms Jacobs or the name of her replacement. If you have any questions about Cook Inlet RCAC or the selection process, please feel free to contact me at 283 or delaney@circac.org . We look forward to hearing from you in the very near future. Sincerely yours, p Karen Delaney Assistant Executive Di rector cc: Mary Jacobs CIRCAC Board of Directors and REquc� � Cook Inlet Regional Citizens Advisory Council * 910 Highland Kenai, AK 99611 -8033 Phone: (907)283-7222 * Fax (907) 283 -6102 MARY JACOBS December 10, 2007 Mayor Jerome Selby Kodiak Island Borough Dear Sir: I have very much appreciated my tenure on the Cook Inlet Regional Citizen's Advisory Council(CIRCAC). It's been rewarding to be involved with a group dedicated to increasing safe transport of petroleum products in and around Cook Inlet. It's especially rewarding to finally have the tug Vigilant coming on line this winter. The Vigilant will be an assist and response tug dedicated to the oil shippers surrounding the port of Nikiski. For many years many of us at CIRCAC have promoted and recommended that the shippers acquire a tug to assist in docking. An accident may still happen but the tug considerably reduces an accident's probability. Since my seat as Kodiak Island Borough expires in March of 2008 and I am planning a move to Oregon sometime in the next year, after the March annual meeting I won't be able to represent Kodiak Island Borough. I therefore will not be asking the Borough to reappoint me. I hope that the assembly is able to appoint someone who has participated on one of CIRCAC's committees. He or she would be familiar with ongoing projects and issues and could hit the ground running and could join a council made up of hard- working volunteers and a dedicated staff. Cordially, Mary Jacobs 1 1 r I` - ` i_ 1 1 7 U DEC 1 0 2007 CLERK'S OFHCE Thank you for having the faith in me in the years that I represented Kodiak Island Borough. KODLAK ISLAND BOROUGH CLERKS OFFICE COPI TO: / ASSEMBLY G./MAYOR MANAGER ✓ OTHER SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 17, 2008 REGULAR MEETING ITEM NO: 13.D.5 TITLE: Authorization to Pay Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC for Legal Services Related to the Lawsuit: Stephens vs. Kodiak Island Borough. This invoice was submitted to Louise Stutes, P.O. Box 170, Kodiak, AK 99615 in the amount of $11,652.82 for professional services referencing Stephens (Stutes) — Kodiak Island Borough. This law firm was retained to represent Louise Stutes, Tom Abell, and Reed Oswalt in the lawsuit of Stephens vs. Kodiak Island Borough. RECOMMENDED MOTION: Move to authorize the Manager to pay the legal fees to the Law Firm of Clapp, Petrson, Van Flein, Tiemessen & Thorsness, LLC in an amount not to exceed $ Sections: 2.24.010 2.24.020 2.24.030 Borough attorney. Procedure for appointment. Service and removal. Chapter 2.24 BOROUGH ATTORNEY 2.24.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. (Ord. 87 -10 -0 §2 (part), 1987). 2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. (Ord. 87 -10 -0 §2 (part), 1987). 2.24.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. (Ord. 87 -10 -0 §2 (part), 1987). 2 -30 2.24.010 -- 2.24.030 (KIB 03/05) Supp. #41 KODIAK ISLAND BOROUGH RESOLUTION NO. 2001 -07 Introduced by: Manager Jensen Requested by: Assembly Drafted by: Manager Jensen Introduced: 02/15/2001 Adopted: 02/15/2001 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH NAMING THE KODIAK ISLAND BOROUGH ATTORNEY WHEREAS, pursuant to Kodiak Island Borough Code Section 2.24 et.seq. the assembly shall appoint the borough attorney by resolution; and WHEREAS, the attorney serves at the pleasure of the assembly; and WHEREAS, the assembly believes that the law firm Jamin, Ebell, Schmitt and Mason has capably performed duties as attorney; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution replaces Resolution No. 97 -42 and herewith names the law firm Jamin, Ebell, Schmitt and Mason as borough attorney. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF FEBRUARY, 2001. 2 udith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH 4- - Robin Heinrichs, Borough Deputy Mayor Kodiak Island Borough, Alaska Resolution No. 2001 -07 Page 1 of 1 Sections: 2.18.010 Conflicts of interest prohibited. 2.18.020 Definitions. Chapter 2.18 CONFLICT OF INTEREST 2.18.010 -- 2.18.020 2.18.010 Conflicts of interest prohibited. A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. B. A municipal officer, appointed official, or employee may not represent a client before the assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four (4) assembly members in attendan mare a _ualified to vote, the matter shall he tabled until the next regular or special meeting at which four (4) assembly members qualified to vote on the matter are in attendance. E. A municipal officer, appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock. (Ord. 98 -02 §4 (part), 1998; Ord. 84 -11 -0 (part), 1984; Ord. 79 -11 -0 (part), 1979). 2.18.020 Definitions. As used in this chapter, the following definitions shall apply: A. "Municipal officer" means the mayor, assembly members, manager, and members of the planning and zoning commission. (Ord. 98 -02 §4 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 84 -11 -0 (part), 1984; Ord. 79 -11 -0 (part), 1979). 2 -23 (KIB 03/05) Supp. #41 F. Voting: 1. all assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member ray vote on a question in whirh he has a substantial: financial interest . 'All motions to excuse a,.me b h 1 " a es , and "noe m er s a1 be made before the call of s" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons . or . making suc a request, . and the vote shall be taken without further debate. 2. if a member refuses to vote, the clerk shall record a vote for the prevailing side. The "prevailing side" is the side that carried the question and is described as follows: If the question passed, having received the affirmative votes of the quorum, that is the prevailing side. 3. no member shall be allowed to explain his vote or discuss the question while the "ayes" and "noes" are being called but may change his vote between the time of calling for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their vote. 4. the vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three /three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. 5. approval of each ordinance shall require the affirmative vote of a majority of the elected members of the assembly, except as otherwise specified by borough ordinance or the statutes of the state of Alaska. F. Numbering ordinances and resolutions. A number shall be assigned to each ordinance or resolution by the clerk prior to introduction. G. Ordinance passage procedures. When passed by the assembly, an ordinance or resolution shall be signed by the mayor and be attested by the clerk; and it shall be immediately filed and thereafter preserved in the office of the clerk. H. Request for ordinances or legal opinions. Any member of the assembly may request the mayor or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in B of this section. Any two (2) or more members of the assembly may request written legal opinions, relating to borough business, from the attorney. Upon receipt of assembly requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members sn that all members may be fully informed of the status of borough affairs. I. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in writing, it shall be presented to the chair and read aloud before debate. The mover shall state his motion in concise language and shall not discuss it nor his reason for making it until the motion is seconded. 2 -17 OR 2.17.070 If the question failed, having not received the affirmative votes of the quorum, that is the prevailing side. (KIB 06/07) Supp. #49 Invoice submitted to: Louise Stutes PO Box 170 Kodiak AK 99615 In Reference To: Invoice No. CLAPP • PETERSON VAN FLEIN • TIEMESSEN • THORSNESS 26523 Professional Services LLC December 07, 2007 Stephens (Stutes) - Kodiak Island Borough et al Our File No. 5757 -109 11/14/2007 MKP Telephone call from L Stutes regarding factual background, legal and factual issues, and new case assignment. .5 Review pleadings and follow up telephone call with L Stutes regarding accepting representation. .5 Review Mr. Stephens' filing and evaluate; confer with L. Johnson regarding research, statutory construction of ordinance language, legal analysis of our position, potential motion practice, and potential for settlement or resolution of matter. 1.2 Telephone call with T Abell regarding representation as additional client and fact background.. .3 LJJ Meeting with M. Peterson regarding temporary restraining order (.3); research assembly ordinances of Kodiak Island Borough (.8); research statutes regarding borough powers (.2); review complaint in Stephens v. Kodiak Borough and analyze prayer for relief (.5); study absences from assembly meetings and compare to ordinance requirements(.5); t/c Louise Stutes regarding representation (.3); analyze proposed settlement of case from Stephens and compare to ordinance on appointment to vacant spat (.4); t/c Tom Abell regarding ordinance ��.� �.,�..,.... appointment . . �..,, - ., representation (.4); follow up with Louise regarding 2007 -14 (.2); finalize entry of appearance (.2); analyze void v. voidable and due process issues regarding allowing Jefferies to participate in exec session (.4); analyze arguments in temporary restraining order filing (1.6). 711 H Street, Suite 620 • Anchorage, Alaska 99501 -3454 phone • 907 - 272 -9272 email • anch @cplawak.com fax • 907 - 272 -9586 TIN: 92- 0154709 Hrs /Rate Amount 2.50 500.00 200.00 /hr 5.80 200.00 /hr 1,160.00 Louise Stutes Page 2 11/15/2007 MKP Review pleadings and ordinance, and outline initial evaluation and position to take on behalf of clients regarding pending Temporary restraining order hearing and motion practice. 1.2 Telephone call with L Stutes regarding status and plan. .3 Telephone call with R Oswalt regarding case status, legal evaluation, and potential for resolution or settlement of issues prior to hearing. .3 Telephone cal to M Jamin to discuss case, fact background and legal issues,and formulate our positron. .4 Entry of appearance and review recusal of Judge Stowers, appointment of Judge Morse. .2 Prepare for and conference call with all counsel and Judge Morse regarding temporary restraining order hearing, date, and schedule for briefing. .5 Call to clients to report timing and status of hearing. .2 Outline additional research and legal advice to minority Assembly members. .8 LJJ T/c Louise regarding questions on exec session (.3); t/c Schmitt's office regarding serving opposition on Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC (.1) t/c Matt Jamin regarding exec session, settlement, and representation (.5); t/c Reed Oswalt (.2); status conference with court regarding timing of temporary restraining order oral argument (.4); meeting with M. Peterson regarding strategy and timing of case (.4); t/c Loiuse Stutes regarding follow up on court hearing (.2); review Borough attorney opinion (.5) VBH Initial assignment to case and quick review of case materials to identify issues 11/16/2007 LJJ Telephone call with clients regarding process and strategy (1.3); follow up meeting with M. Peterson (.3); e-mail communication from Louise regarding Robert Rules of Order (.2) MKP Telephone call with M Jamin regarding status, potential resolution, executive hearing, procedures for same, and overall case status. .4 Telephone call with L Stutes regarding executive session, schedule, and plan for considering settlement. .3 Review draft legal research from L. Johnson regarding arguments in joinder of plaintiffs contention on issue of ordinance, meeting definition, and likely court rulings. .6 Telephone cal with T Abell. .2 Review legislative history. .4 Conference call with clients on issues of case, overall options to partially join M Stephen's arguments, potential for settlement and consideration of same, next week's meeting, and initial evaluation and recommendations. .6 11/17/2007 MKP Telephone call with M Jamin regarding case status, background, and ordinance drafting issues, potential for case resolution, executive session, and attendance at same as counsel for Assembly members. 11/18/2007 LJJ Analyze Borough opposition brief (.7); research cases on justifiability (.9); research legislative history on 2.16.030 (.4); begin drafting joinder (2.1); Hrs /Rate Amount 3.70 740.00 200.00 /hr 2.60 520.00 200.00 /hr 0.20 20.00 100.00 /hr 1.80 360.00 200.00 /hr 2.50 500.00 200.00 /hr 0.50 100.00 200.00 /hr 4.10 820.00 200.00 /hr Louise Stutes Page 3 11/19/2007 MKP Review notes, legal research, draft joinder in M Stephens' motion, and confer with L. Johnson, outline, prepare and dictate status letter, and evaluation of case and likely court ruling based on above analysis. 1.5 Telephone call with M Jamin regarding settlement offer and procedure for executive session. .3 Review and edit rough draft joinder in temporary restraining order on behalf of our clients. .7 Telephone call with clients regarding upcoming meeting, consideration of settlement offer, and procedures. .4 LJJ Continue work on joinder (.6); t/c Mel Stephens regarding reply to be filed (.8); e-mail communication with Louise (.2) 11/20/2007 LJJ Continue work on joinder briefing (2.6); edit letter to clients with short opinion (.2); MKP Review ordinance and draft joinder in M Stephens' TRO motion, outline analysis of settlement offer, and plan for resolution. 1.0 Telephone calls with T Abell, and L Stutes. .5 Prepare for meeting and executive session to outline advice on temporary restraining order, settlement,. legal analysis of ordinance in question, and likely outcome at temporary restraining order hearing. 1.0 Call from L Stutes, regarding vote not to go into executive session..2 Telephone call with M Jamin regarding same. .2 11/21/2007 MKP Review my notes and earlier draft, outline, dictate, and edit introduction regarding joinder in Stephens' pleadings for temporary restraining order. 1.4 Confer with L. Johnson regarding majority refusal to go into executive session, no consideration of settlement, and our options given that refusal. .5 Review e-mail and attachments from M Stephens and affidavit of Stephens and evaluate. .5 Telephone call with L Stutes. .4 Telephone call with T Abell. .3 Telephone call and e-mails from M Jamin regarding status of filing and potential for resolution short of court hearing. .3 Edit, review, and sign final pleading in joinder of plaintiffs primary position. .8 Telephone call to M Jamin's office advising of our position. .2 LJJ Draft response and finalize for filing 11/23/2007 MKP Read Mel Stephens' reply brief regarding pending temporary restraining order issues. 11/26/2007 MKP Telephone call with Judge Morse's clerk regarding moving time of hearing on temporary restraining order. .1 MKP Review all pleadings; prepare and outline arguments for temporary_ restraining order hearing tomorrow. 2.0 Telephone call with clients, L Stutes and T Abell, regarding case status and plan for argument. .3 Telephone call with M Jamin regarding oral argument. .2 Telephone call with M Stephens. .3 Hrs /Rate Amount 2.90 200.00 /hr 580.00 1.60 320.00 200.00 /hr 2.80 560.00 200.00 /hr 2.90 580.00 200.00 /hr 4.40 200.00 /hr 880.00 4.90 980.00 200.00 /hr 0.80 160.00 200.00 /hr 0.10 20.00 200.00 /hr 2.80 560.00 200.00 /hr Louise Stutes Page 4 11/27/2007 LJJ Follow up with Louise Stutes post- hearing MKP Read pre- hearing brief from M Jamin (filed yesterday), evaluate and review all briefs and legal arguments, and prepare for temporary restraining order hearing. 3.3 To Court, .3 Attend and argue regarding temporary restraining order on issue of vacating Assembly seat due to absences and take judge's ruling. 2.2 Return to office, and calls to clients regarding court granting temporary restraining order, status, and further plan given court ruling; telephone call with M Stephens regarding same. .8 Prepare e-mail report regarding summary of court's rulings and further activity. .5 11/28/2007 MKP Telephone call with L Stutes regarding status and plan given court ruling on temporary restraining order. .2 Read, evaluate, and forward Judge Morse's written decision on temporary restraining order. .3 Telephone call with M Stephens regarding options for settlement and his plan regarding same. .4 Telephone call with T Abell. .2 Telephone call with M Jamin regarding status and options for potential resolution. .3 11/29/2007 MKP Telephone call from M Jamin. .1 Telephone call with L Stutes. .2 MKP Call to J Katcher regarding M Stephens' settlement offer and case status . .1 Telephone call with L Stutes regarding same. .3 Read and evaluate M Stephens' letter with settlement plan,and evaluate issues to accept , reject, or negotiate. .4 11/30/2007 MKP Telephone call with Louise Stutes regarding recent developments. .2 Follow up telephone call and e-mail regarding same. .2 Telephone call with J Katcher regarding setting further conference of all co- defense counsel. .1 Telephone call with A Schmitt and telephone call with J Katcher regarding meeting on Monday to discuss settlement offer. .2 Prepare and send e-mail report regarding meeting of defense counsel. .2 Additional Charges : 11/15/2007 EXP Postage 11/21/2007 EXP Postage EXP Postage 11/30/2007 EXP Copies Hrs /Rate Amount 0.40 200.00 /hr 6.90 200.00 /hr 1.80 200.00 /hr Qtv 2 1 586 80.00 1,380.00 360.00 0.20 40.00 200.00 /hr 0.80 160.00 200.00 /hr 0.90 180.00 200.00 /hr For professional services rendered 57.90 $11,560.00 0.82 Lo LGV 1.82 87.90 Louise Stutes Name Peterson, Matthew K Johnson, Linda J Homan, Victoria LB Total costs Total amount of this bill Balance due Timekeeper Summary Page 5 Amount $92.82 $11,652.82 $11,652.82 Hours Rate Amount 33.70 200.00 $6,740.00 24.00 200.00 $4,800.00 0.20 100.00 $20.00 Invoice submitted to: Louise Stutes PO Box 170 Kodiak AK 99615 In Reference To: Invoice No. 12/3/2007 MKP 12/5/2007 MKP 12/6/2007 MKP 12/31/2007 MKP 12/31/2007 EXP Copies CLAPP • PETERSON VAX FLED • TIEVIESSE\ • THORSI\ESS Stephens (Stutes) - Kodiak Island Borough et al Our File No. 5757 -109 26690 Professional Services LLC January 09, 2008 Review M. Stephens settlement offer, evaluate for and participate in telephone conference with Borough attorney M. Jamin and A. Schmidt. .6 Telephone call with R. Oswalt regarding status, hearing results, and plan. .4 Telephone call with M. Jamin. .2 Telephone call with T. Abell regarding case status, and closing file. .2 Edit letter regarding plan for further activity. .2 Review news reports regarding reinstatement of S. Jeffrey to Kodiak Assembly, and votes regarding same and evaluate further case activity, if any. .3 For professional services rendered Addit ional 11L...- ....... . /1UUILIUI IG1I Charges CJ . 711 H Street, Suite 620 • Anchorage, Alaska 99501 -3454 phone • 907 - 272 -9272 email • in,..1 r 1)1cy 1k 111 fax • 907 - 272 -9586 TIN: 92- 0154709 Hrs /Rate Amount 0.60 120.00 200.00 /hr 0.60 120.00 200.00 /hr 0.40 200.00 /hr 80.00. 0.30 60.00 200.00 /hr 1.90 $380.00 Qty 9 1.35 Louise Stutes Page 2 Qty Amount 12/31/2007 EXP Anchorage Messenger Service, LLC - 11/21 to Superior 1 14.50 Court/Appeals Division (ck #26393) Name Total costs Peterson, Matthew K Total amount of this bill Previous balance Balance due Current 395.85 Timekeeper Summary 30 Days 60 Days 11,652.82 0.00 $15.85 $395.85 $11,652.82 $12,048.67 Hours Rate Amount 1.90 200.00 $380.00 90 Days 120 Days 0.00 0.00 CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on November 13, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members Present Mike Sirofchuck -Chair X Pam Foreman Hans Tschersich X ; r Kevin Foster X Jeff Huntley 3 X Patrick Saltonstall X Andy Schroeder X i Cassandra Juenger t X Lori Demi Kevin Murphy f - - - - - -- --- - - - - -- Ian Fulp Chris Lynch Roy Brown III. APPROVAL OF AGENDA November 13, 2007 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING - NOVEMBER 13, 2007 MINUTES Y Excused X X Y Absent T Others Present Duane Dvorak Community Development Dept. Sheila Smith Community Development A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE COMMITTEE MEMBERS FOREMAN and DEMI. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER FOSTER MOVED to add to New Business — A. Salonie Creek Rifle Range and public use, and B. Island Lake Trail. COMMITTEE MEMBER SCHROEDER MOVED TO APPROVE the agenda as amended. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING Regular meeting of: • October 9, 2007 COMMITTEE MEMBER FOSTER MOVED to approve the October 9, 2007 minutes as presented. COMMITTEE MEMBER HUNTLEY SECONDED the motion, and it CARRIED by unanimous voice vote. Parks & Recreation Committee Meeting Minutes Page 1 of 3 AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Winter Use of Lakes Public Meetings During discussion, it was the consensus of the committee to hold a public meeting on January 22, 2007 to identify issues related to winter use due to re- appointing of committee seats in January. The committee established the following timeline and a groups /stakeholders list that should be invited. January 2, 2008 — Start advertising January 22, 2008 — Public input meeting -less informal February 12, 2008 — Discuss input and work on white paper February 26, 2008 — Public Hearing March 11, 2008 — Public guidelines -2" Meeting ? -re- examine recommendations, and work on white paper March 25, 2008 — White Paper completed Stakeholders Adjoining property owners Ice fishers Ice skaters Cross country skiers Walk- transportation -trail users ATVers Snow machiners Hockey players Paragliders Ice boaters Skijors The committee also discussed possible PSA language, and they were in consensus to call it "Winter Use of Urban Lakes and Waterways" to include wetlands and ponds. The committee determined they like the white paper approach. SIROFCHUCK stated he and FOREMAN can probably do the "Talk of the Rock" on the radio. B) Trails Plan Dvorak stated Cassidy would like the committee to help describe the scope of work of what the committee envisions in the trails plan that would include geographical scope and issues to cover so staff can develop an RFP. Dvorak also said Cassidy recommends members of the committee be at the Assembly meeting when he asks for additional money for your project. During discussion, it was the consensus to use the trails outline they had put together previously outlining the scope of work, and they want to take part in this without sub - committees. SALTONSTALL said he gave his copy of the outline to Bud. HUNTLEY said it is more than just an outline and he feels they can pull what they need out of it. The committee's goal for the next meeting is for Cassidy walk out of the next meeting with a very clear idea of the scope of work so he can develop an RFP. The committee requested the trails outline be put on the November 27 agenda. NEW BUSINESS A) Salonie Creek Rifle Range and Public Use FOSTER stated he's noticed the rifle range closed for the Coast Guard to do live fire exercises. One of the days was on opening day of bear season. About 3 or 4 times a month the Coast Guard has the range which is eliminating public use of the range. People have been moving to the beaches and other locations to sight in their guns and target practice to get ready to go hunting. He feels we are moving backwards in what we are trying to accomplish with safety issues at the beaches. The reason we have the range is for November 13, 2007 Parks & Recreation Committee Meeting Minutes Page 2 of 3 the public has a safe place to do these things. He believes the Navy Seals has their days at the range also. KISA is getting paid for the Coast Guard and Navy Seals to use the range at the expense of public access. The committee was in consensus to invite a representative of KISA to a meeting to answer questions about the range and scheduling. B) Island Lake Trail CHAIR SIROFCHUCK asked for this to be on the agenda. He stated that Kevin Murphy is excited about the possibilities of this trail for locals and tourists. He suggested a "Cruise ship "hike. SCHROEDER give a report on the bridge project that Eagle Scout Mathew Lloyd is working on. He said they are looking at designs, and there should be enough money left to do about 240 feet of boardwalk like in Fort Abercrombie. Island Trail Network will be making recommendations. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • November 27, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • December 11, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Kevin Foster said Leisnoi has begun cleaning up and replanting trees in the logging area in Chiniak. Hans Tschersich said there is a new road in Salonie Creek past the rifle range and that trees are being cut to make the road and he wondered if they have permission to do this ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER FOSTER MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and CARRIED by unanimous voice vote. The meeting adjourned at 8:30 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: December 11, 2007. KODIAK ISLAND PARKS RE REATION C 1 J/ If , e Sirot' huck, Chair By: ROUGH ITTEE November 13, 2007 Parks & Recreation Committee Meeting Minutes Page 3 of 3 j Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair 1 Pam Foreman Hans Tschersich X T X T X Bud Cassidy Community Development Dept. Sheila Smith F Kevin Foster + Jeff Huntley Patrick Saltonstall Andy Schroeder Cassandra Juenger X X + X + X X t Community Development Dept. Karleton Short KISA Representative Lori Demi Kevin Murphy i Ian Fulp _Chris Lynch Royce ; - - X ; X i 1 X y -- - -- CALL TO ORDER ROLL CALL ATTEST By: KODIAK ISLAND BOROUGH PARKS & RECREATION COMMI REGULAR MEETING - NOVEMBER 27 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:15 p.m. by COMMITTEE MEMBER SCHOEDER on November 27, 2007 in the KIB School District Conference Room. A quorum was not established. The meeting was not held due to a lack of quorum. The meeting adjourned at 7:16 p.m. Sheila Smith, Secretary Community Development Department DATE APPROVED: December 11, 2007 KODIAK ISLAN ► BOROUGH PARKS & RECREATIO I • MITTEE By: ike Siro uck, Chair Page 1 of 1 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARINGS October 17, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COM SIGN C 20 2O7 REGULAR MEETING NOVEMBER 2 MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on November 21, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER CARVER MOVED TO EXCUSE COMMISSIONER WATKINS. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JUENGER, and CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the October 17, 2007 Planning & Zoning minutes as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED unanimous voice vote. A. Case 08 -010. Request a review of nine (9) off - street parking and loading spaces that are not contiguous with the principal building or use that they serve according to KIBC 17.57.050. The Commission may permit such parking and loading spaces to be located within six hundred (600) feet of the principal building or use if it finds that it is impractical to locate the spaces on the principal lot. Cassidy stated this case involves the demolition of a two story bunkhouse on Shelikof Street to be replaced with a covered van loading site. There will be space for 9 vans created along with a covered loading area and a ramp to allow product or storage to occur there. A forklift would cross Shelikof Street, drive up a ramp and be able to access the vans. Because this activity is not on the same lot as the processing plant, the code requires that the commission approve this effort. Twenty -six public hearing notices were sent out with none returned. P & Z Commission Meeting Minutes Page 1 of 8 COMMISSIONER CARVER MOVED TO GRANT the construction of nine (9) off - street parking and loading spaces that are not contiguous with the principal building or use that they serve according to KIBC 17.57.050, which will be located on Tract A, U.S. Survey 1534, as indicated on the site plan submitted for this request, subject to conditions of approval contained in the staff report dated November 2, 2007, and to adopt the findings in said staff report as "Findings of Fact" for this case.. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: A brief discussion. CONDITION OF APPROVAL 1. The parking and loading approval is intended to conform to all materials submitted by the petitioner in the application received on October 1, 2007. Any change to the layout or management of the parking so permitted, other than the conditions of approval incorporated into this approval, will require a new review and public hearing before the Planning and Zoning Commission. 2. The petitioner is specifically bound by the letter dated October 4, 2007 regarding the voluntary restrictions to be placed on the use of forklift traffic to transport seafood products across the street from the ISA processing plant to the proposed van storage facility. 3. The van storage facility is for the sole use of ISA and may not be utilized by any other seafood processing plant without further review and public hearing before the Planning and Zoning Commission. 4. The petitioner shall revise the parking plan to show the additional off - street (employee) parking on the site. This parking shall be re- designed to provide adequate turning and maneuvering and the spaces will be marked in accordance with the applicable requirements of KIBC 17.57. FINDINGS OF FACT 1. It is impractical to accommodate all the needed parking in support of the ISA seafood processing plant on the shoreline parcel where the processing plant itself is located. 2. Location of loading berths and off - street parking on an upland parcel is consistent with the applicable policies of the KIB Coastal Management Plan which recommends shoreline locations for Water Dependent and Water Related uses only. 3. The petitioner has acquired and cleared property across the street from the ISA seafood plant in order to place vans for storage of seafood product that does not move as fast as other mainstream seafood products. 4. The proposed van parking spaces and existing off - street parking will be developed to current parking standards as required by the applicable provisions of KIBC 17.57. The question was called, and it CARRIED 5 -0. October 17, 2007 P & Z Commission Meeting Minutes Page 2 of 8 B) Case 08 -012. Request, in accordance with KIBC 12.10.030, to have the Planning and Zoning Commission initiate, by approval of a commission motion, and consider changing the name of an existing street from Ocean Drive to Monigold Drive. Cassidy reported this is a request to change the name of a Borough road from Ocean Drive to Monigold Drive. Title 12 sets out the procedure to change a name of a "street, avenue, way, circle, court, drive, lane or similar words designating a dedicated right or way." It can only be done in two ways: By the commission upon its own motion; or By petition of owners of at least fifty percent of the lots on that street. Because there is neither a motion of the commission pending nor a petition of 50% of the owners of lots on Ocean Drive to change the name, Mr. Wallace is essentially requesting that the commission to initiate a change of name of Ocean Drive to Monigold Drive. To even move this case forward, the commission must initiate and must pass a motion initiating the change. Seven public hearing notices were sent out with a number of them returned asking that the name not be changed. A petition with all homeowners in the vicinity has been submitted asking that the name not be changed. COMMISSIONER CARVER MOVED to initiate a name change of Ocean Drive to Monigold Drive. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Christy Malutin, resident of Ocean Drive, phoned in to speak against this request. Iver Malutin, resident of Ocean Drive, spoke opposing this request. Janess Burke, Ray Monigold's granddaughter, spoke in favor of this request. Greg Spalenger, resident of Ocean Drive, spoke opposing this request. Leroy Wallace phoned to speak in favor of the request. Carla Schauff, Ray Monigold's granddaughter, spoke in favor of the request. Public hearing closed: Regular session opened: During discussion, the commission was in consensus that with all the public comment submitted that it would cause undo hardship on the residents if the name was changed. The question was called on the main motion, and it FAILED 5 -0. C) Case 08 -013. Request by the Borough Assembly to have the Planning and Zoning Commission hold a public meeting and take testimony on the proposed installation of an up to 80 foot tower to be used for universal cellular service and emergency warning siren. Cassidy reported this case, if approved, would put cellular service in Pasagshak -a place that has no phone service and limited communications. There will be an 80 foot tower located in the KIB road right -of -way. Staff is viewing this request like requests from other utilities that locate within the right -of -way. We could normally administer a permit at staff level, but because of the magnitude of the projects and where it is the Borough Assembly has asked the Commission to conduct a public hearing to air out the concerns. Staff thinks cellular service has become an everyday service becoming as common as other phone service. A tsunami siren will also be placed on the tower. Fifty -eight public hearing notices were sent out. We did rece3ive a letter from Mike Brechan, Chair of the Pasagshak Bridge Association supporting this request as well as two others. We also received one email and a letter opposing the request. COMMISSIONER JANZ MOVED TO RECOMMEND that the Manager issue a ROW permit directly to Cellular One for a cellular tower and related facilities to be located within the Furin October 17, 2007 P & Z Commission Meeting Minutes Page 3 of 8 Way right -of -way as indicated in the site plan dated 25 July 2007, based on the following findings of fact. COMMISSIONER KERSCH SECONDED the motion. Regular session closed: Public hearing opened: Michael Brechan spoke in support of this request. Iver Malutin spoke regarding the destruction of the berry plants when construction is done. Dale Heath spoke in favor of this request. Public hearing closed: Regular session opened: During discussion, it was the consensus of the commission that the tsunami siren and cellular phone use is very much needed in Pasagshak. CHAIR KING stated the other sites looked at are Omar's property, Pasagshak Pass, and on the hill. Mike Brechan stated the residents wanted the tower on top of Pasagshak Point but the cost was going to be almost a $500,000 to get power and fiber optic to it which Cellular One or anyone else would go for. Cassidy stated there is electrical power in the right -of -way so the tsunami siren will be tagged along with the radio because the signal to the siren will be reflected off of Pasagshak Point to activate the siren on the tower. The tsunami siren will be on the same tower and will not require an additional tower. COMMISSIONER CARVER MOVED TO AMEND the motion to include an additional Finding of Fact to read "[5] During Construction and operation of the facility disturbance of natural vegetation is to be kept to a minimum and not extend beyond the right -of- way." KERSCH expressed concern on the tower being placed on the beach because it is a very picturesque area. FINDINGS OF FACT [1] The Pasagshak community is not currently served by terrestrial based telephone or cable television utilities and there are no plans pending to extend these services on an all - terrestrial basis within the foreseeable future. [2] In order for an emergency warning siren to function in the Pasagshak community it would likely require some form of terrestrial microwave system originating from Kodiak or an extra - terrestrial communication such as a satellite based telephone or data system. This would require a higher initial investment of public capital and a higher year -to -year operation cost to be undertaken by the Borough in order to maintain the service. [3] A terrestrial based communication system providing wireless cellular services in Pasagshak would provide service not only to the local population but also to the many transient recreationists who visit the area. [4] The Kodiak Island Borough may, at its discretion, require certain conditions of permit approval to ensure the Borough is adequately indemnified from risk and to address any reasonable concerns relating to the potential for negative impacts arising from this development proposal. October 17, 2007 P & Z Commission Meeting Minutes Page 4 of 8 [5] During construction and operation of the facility disturbance of natural vegetation is to be kept to a minimum and not extend beyond the right -of -way. The question was called on the amended motion, and it CARRIED 5 -0. The question was called on the main motion, and it CARRIED 5 -0. D) Case 08 -014. Request, in accordance with KIBC 17.57.050, that the Planning Commission make a finding that it is impractical to locate all required parking on the lot containing the principal building or use and that additional parking is acceptable if located on a leased lot located within 600 feet from the principal building or use. Cassidy reported that Mr. and Mrs. Quass have purchased a building at the intersection of Rezanof and Marine — the old Julies Hair Salon. They want to establish a business — a deli. The lot isn't large enough to provide enough space for parking, and Borough Code allows parking to occur on another lot if: 1. It is within 600 feet of the business; 2. That a long term easement or lease be entered into; 3. There is a finding of the Commission that it is practical to do so; 5. Staff would recommend approval. COMMISSIONER JUENGER MOVED to acknowledge receipt of the off street parking agreement between the parties and concur with the administrative finding that the instrument (lease) and location fulfills the requirements of KIBC 17.57.050. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Joanne Quass stated that a new business brought to downtown is very positive for Kodiak. A brief discussion. Public hearing closed: Regular session opened: The question was called, and it CARRIED 5 -0. E) Case 08 -015. Request a review and recommendation of the 2008 — 2012 CIP. Cassidy stated this is an annual process of a list of projects that we send to Juneau and Washington D.C. We add it to our grant applications. It is a list based on criteria that staff has developed over the years, and it is ranked on a yearly basis. Cassidy also said that if the commission isn't satisfied with what is here. If you need more time we can postpone this and make it part of next year's process. Both the Assembly and the City Council have already sent lists to the State and the Feds. COMMISSIONER CARVER MOVED TO POSTPONE consideration of the CIP program to allow the commission to look at it with respect to submittal for this next legislative session. COMMISSIONER JANZ SECONDED the motion. During discussion, the committee was in consensus to work on the CIP List during the next month, and a special work session will be scheduled at a later date. The question was called, and it CARRIED 5 -0. OLD BUSINESS A) Adoption of the Findings of Fact for Case 08 -008. A Variance, according to KIBC 17.66.020, to allow construction of a main residence .73 feet into the required 25 foot front yard October 17, 2007 P & Z Commission Meeting Minutes Page 5 of 8 setback according to KIBC 17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave 1.5 feet beyond the allowable 3 foot projection into front yard setback requirements and a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave .08 feet beyond the allowable 2 foot projection into side yard setbacks. COMMISSIONER JANZ MOVED TO APPROVE the findings of fact for Case 08 -008 based on findings of fact found in the November 15, 2007 memo to the commission from staff. COMMISSIONER JUENGER SECONDED the motion. Cassidy reported this is the case that the commission granted a variance on and postponed the findings of fact until this meeting. You will find in the packet a memo that was drafted based on commissioner comments at the last meeting that contains the findings of fact. The commission was in agreement with the Findings of Fact. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. This lot is characterized by steep sloping terrain falling away from Larch Street towards the lake. The contractor stated that there is 28 foot of fall from the road to the lakes edge. The topography found on this lot is typical of other lots found within the R -2 Two Family Residential Zoning District in this neighborhood. This steep topography has historically caused issues with flooding of the basement or crawl spaces in the neighborhood. This variance will allow the owner to improve this property which is beneficial to the neighborhood and all parties affected. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances, as currently applied, would relieve the property of the 25 -foot minimum setback requirement in the R -2 Two Family Residential Zoning District. Based upon the zoning compliance application submitted for this site, it did not appear at the outset of construction that the strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. However, after further surveying, it became apparent that the strict application of the zoning ordinances would, in fact result in practical difficulties 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare. On the contrary, the work that is being done will improve these conditions, both with the removal of standing water and the newly created off street parking for this dwelling. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site specific standards such as setbacks. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. October 17, 2007 P & Z Commission Meeting Minutes Page 6 of 8 The variance being requested is due to a lack of clarification between the surveyor that performed the survey of the adjacent property as well as the survey for the property requesting the variance and the contractor. It was not an intentional action by the owner which led to this need for a variance, nor a construction error, but an error in information provided by the survey. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called, and it CARRIED 5 -0. NEW BUSINESS There is no new business COMMUNICATIONS A) Notice of Violation to Mr. Ron Brockman from Martin Lydick dated October 30, 2007 B) Notice of Violation to Mr. Byron Pierce from Martin Lydick dated October 30, 2007 COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Kodiak Island Borough 2005 Gravel Task Force Final Report and Recommendation Cassidy reported the Gravel Task Force was created: to provide for the long term availability of sand and gravel resources and for the development of Kodiak for the foreseeable future; compile an inventory existing sources; describe the communities use and need for various types of rock, sand, and gravel and project it for 30 years; recommend policies for orderly development and long term availability of gravel. Gravel is a basic building block for community development. It is used in concrete, asphalt, lot development, road development, etc. We use about 200,000 cubic yards annually. He stated there appears to be sufficient amount of rock on the road system to meet the demand, and that acquisition of the Coast Guard Tract adjacent to the Rodeo grounds be pursued as an alternative source of gravel. More importantly are the charges that did not address and suggested the P &Z tackle: develop site monitoring and code enforcement policy /procedures; develop standardized site development operation standards; and recommend site closure and reclamation standards. During discussion, the committee was in consensus that the codes and policies do need to be looked at closely. The commission thanked the Gravel Task Force, Martin Lydick, and Gary Carver for all their hard work. COMMISSIONER CARVER MOVED to acknowledge receipt of reports. The motion was SECONDED by COMMISSIONER JANZ. COMMISSIONER CARVER MOVED TO AMEND the motion to include forward the Gravel Task Force Final Report to the Assembly. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. The main motion CARRIED by unanimous voice vote. October 17, 2007 P & Z Commission Meeting Minutes Page 7 of 8 B) Meeting schedule: • December 12, 2007 work session at 7:30 p.m. in the KIB Conference Room • December 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER KERSCH MOVED TO ACCEPT reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. COMMISSIONER JUENGER stated he will be out of town on December 19 AUDIENCE COMMENTS COMMISSIONER COMMENTS COMMISSIONER JANZ stated the possibility of looking at the policy for changing names of roads already established was requested at the last work session and she feels it is reasonable to look at. She also stated she will miss the expertise of Gary Carver and wished him luck. COMMISSIONER KERSCH stated it was a pleasure working with Gary Carver and he is very sad to see him go. COMMISSIONER JUENGER stated he regrets Gary Carver leaving but is excited about Carver's future undertakings. COMMISSIONER CARVER stated there is great reluctance leaving the commission but he feels it's in the best interest of the commission and Borough. He thanked the Community Development Department. He said it's been a great education and a very rewarding experience in large part of the expertise and hard work of the department. Bud Cassidy presented COMMISSIONER CARVER with a Certificate of Appreciation signed by the Mayor thanking him for his five years of outstanding service. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:55 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: December 19, 2007 October 17, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Dave King, Chair P & Z Commission Meeting Minutes Page 8 of 8 Board Members Present Not Present Excused ALTENHOF, Barry ✓ HINKLE, Bill ✓ HOLM, Freya ✓ OWEN, Marion ✓ PILLANS, Richard ✓ MAHONEY, Ed ✓ ROHRER, Dan ✓ Solid Waste Advisory Board Regular Meeting Minutes August 23, 2007 I. Call to order N. JAVIER called to order the Regular Meeting of the SWAB at 7:30 p.m. on Au 23, 2007 at KIB Conference Room. II. Roll call JAVIER conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members: Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Woody Koning, Alan Torres and Nova Javier (CMC), Kodiak Island Borough; Steve Albee, USCG; and Carroll Mahoney, Kodiak Sanitation. Introductions of attendees were presented. JAVIER provided information to the Board re Parliamentary Procedure and Open Meetings Act. Provided discussion and clarification of agendas, motions, amendments to motions, and the voting process. III. Election of Officers It was MOVED, PILLANS and seconded to nominate Ed Mahoney as Chair of the Solid Waste Advisory Board. There were no other nominations. A voice vote was taken and the motion CARRIED. It was MOVED, MAHONEY and seconded to nominate Dan Rohrer as Vice Chair of the Solid Waste Advisory Board. There were no other nominations. A voice vote was taken and the motion CARRIED IV. Overview of Purpose of Board MITCHELL reported that Bell & Associates plan on being in Kodiak on September 12, 2007; they are committed to other projects similar to Kodiak's. One note of interest was that Kodiak, as well as the other areas in the State, have performed "patch work" resolutions to various landfill problems, which has led to unorganized collection and disposal for the solid waste program. The main focus is to get a process in place so that things aren't so unorganized. Flow chart provided to members, outlining the Solid Waste Management plan. MITCHELL provided an aerial photo of the landfill indicating existing areas and parameters of the landfill. Discussion of greenbelt was held. Current ordinance indicates that if any work is to be done within the greenbelt, concurrence is required by the Monashka Bay Service Area beforehand; however the Monashka Bay Service Area board has indicated they no longer wish to hold this responsibility, so the ordinance needs to be changed. MITCHELL explained to the board the process of the current leachate drainage system existing at the landfill. V. Brief Overview of Collection & Disposal City limits is provided curb -side residential services; everything else is basically residential public dumpsters with 3 dumpsters in the Chiniak area, and 3 in the Bells Flats area. Commercial agencies have dumpsters as well. Municipal (kitchen) solid waste is accounted for at the landfill, also construction demolition, sludge and asbestos (between 15,000- 17,000 tons /year); numbers remained fairly stable over the last 5 -10 years. Currently metal debris is shipped off island. ROHRER questioned the method of garbage pickup, whether set by KIB Code or by past activity; MITCHELL explained it is determined by KIB Code. Discussed landfill footprint life expectancy. Current footprint expected to last until 2015 according to current study. Normal construction debris is being separated from the municipal waste being delivered to the landfill in order to assist with preserving the landfill footprint. VI. Discussion re: Landfill Tour Board members will meet at the landfill on September 8, 2007 at 9:00 a.m. to conduct the Landfill tour. VII. Discussion of Meeting with Bell & Associates — Daytime/Nighttime Bell & Associates will be in town on September 12, 2007 and would like to meet with the SWAB; they will arrive on the 10 and leave the 14` meeting with the Assembly on the 13` Board members decided to meet at the Landfill on September 8, 2007 at 9:00 a.m. Advertisements will be posted. The meeting on September 12 will be held at 5:15 p.m. in the KIBSD conference room. Future meetings will be scheduled at the next meeting. SUBMITTED BY: Je if a y, ±cretary K t: Engineering / Facilities Department APPROVED BY: oney, Chair d Waste Adviso Date: / 10//o 7 Date: `-k3O1h 14* -) r, 2008 . d ab c \ v ca \\ - -0 4Q. 2.Q : s ( ' b&? \ c3� %3 -bZ V∎-* G2O9 L -- •J o 1 sc - \I_ boepv%\. \,p,s -off_ �t.JC=s-" ■` \ 2-SS %g.sav\C� M\ a��yL b� a�� w�vs�r mZ�� - .N-hZ \ w2 t zA zQ - \ - o MQ.. 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