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2008-02-21 Regular Meeting9. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 21, 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. PPROVAL OF MINUTES ' A. *Regular Meetings of November 15, 2007, December 6, 2007, and December 20, 2007; Special Meetings of December 27, 2007; and January 10, 2008; and Regular Meeting of January 17, 2008. 6. AWARDS AND PRESENTATIONS ear B. C. Student of the Month for January and February 2008 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS PUBLIC HEARING A. 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 and Legal Opinions Processes. 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 Revisiting Failed Ordinances, Resolutions, and Motions. C. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Northland Ranch Resort Liquor License, Beverage Dispensary License #1955 to Olds River Inn. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 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 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2005 -09A Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. B. Resolutions 1. Resolution No. FY2008 -03C Amending Resolution No. FY2008 -03 to Appoint ‘S\‘'Q1�" to the Lodge /Charter Boat Operator Seat and Vacate the Large Trawl Vessel Seat on the Kodiak Fishery Advisory Committee (KFAC). Resolution No. FY2008 -24 Authorizing the Payment of Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for Legal Services Related to the Stephens vs. KIB Lawsuit. *Resolution No. FY2008 -25 Requesting State Funding of Research Into the Cause of Birth Defects in Sitka Blacktail Deer in the Kodiak Archipelago and ��� How to Address the Problem. - *Resolution No. FY2008 -26 Establishing Citizens Board of Equalization Dates for the Year 2008. *Resolution No. FY2008 -27 Designating the Individual Who Will Serve as t Mana ger. the Administrative Official During the Absence of the Kodiak Island Borough Resolution No. FY2008 -28 Providing Safe Access by Pedestrian Trails to r \ North Star Elementary School and Supporting the Necessary Local Match to a Federal Earmark. Resolution No. FY2008 -29 Authorizing the Execution of a Supplemental Memorandum of Agreement and of a Lease With Providence Health System Alaska and Kodiak Island Health Care Foundation for the Kodiak Community Health Center. C. Ordinances for Introduction 1. *Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. 2. *Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. 3. *Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. 4. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. 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 D. Other Items 1. Assembly Appointments to the Womens Bay Service Area Board. 2. Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat. 3. Declaring a Seat on the Board of Equalization Vacant. 4. Resignation and Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 5. *Hiring of Maintenance Coordinator at Salary Range 20, Step H. 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. Architectural /Engineering Review Board Meeting of November 26, 2007 and January 8, 2008. 2. Fire Protection Area No. 1 Board Meeting of November 20 and December 18, 2007. 3. Planning and Zoning Commission Regular Meeting of December 19, 2007. 4 . Womens Bay Service Area Board Meeting of February 5, 2008. 5. Solid Waste Advisory Board Regular Meeting of December 5, 2007. B. Reports 1. Kodiak Island Borough January 2008 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 3 of 2 6. 7 8. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 21, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGEN All items listed with an asterisk (') are consi by the Assembly and will be approved by discussion of these items unless an Asse item will be removed from the Consenter da on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meetings of November 15, 2 2007; Special Meetings of December 27, 2 Meeting of•January 17, 2008. AWARDS AND PRESENTATIONS, A. Employee of the -ear , B. Longevity wards C. Student of the Month folr 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR embe and cons January and February 2008 be routine and non - controversial . There will be no separate requests, in which case the d in its normal sequence er 6, 2007, a ®ecember 20, nd January 10, 2008; and Regular mite d to :Three Minutes per Speaker) duled for Hearing and General Comments 9. PUBLI A. Ordin �, No FY W : -13 Amending Title 2 Administration and Personnel, Chapter 2.17 Bor -'# As al y, Section 2.17.070 Ordinances, Resolutions, and Motions to Clarify Req rdinances and Legal Opinions Processes. B. Ordinance No. ' ' 2008 -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 Revisiting Failed Ordinances, Resolutions, and Motions. C. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Northland Ranch Resort Liquor License, Beverage Dispensary License #1955 to Olds River Inn. 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 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2005 -09A Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. B. Resolutions 1. Resolution No. FY2008 -03C Amending Resolution No. FY2008 -03 to Appoint to the Lodge /Charter Boat Operator Seat and Vacate the Large Trawl Vessel Seat on the Kodiak Fishery Advisory Committee (KFAC). 2. Resolution No. FY2008 -24 Authorizing the Payment of Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for Legal Services Related to the Stephens vs. KIB Lawsuit. 3. *Resolution No. FY2008 -25 Requesting State Funding of Research Into the Cause of Birth Defects in Sitka Blacktail Deer in the Kodiak Archipelago and How to Address the Problem. 4. *Resolution No, FY2008 -26 Establishing Citizens Board of Equalization Dates for the Year 2008:' 5. *Resolution No. FY2008 -27 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager 6. Resolution No FY2008 -28 Providing Safe Access by Pedestrian Trails to North Star Elementary School and Supporting the Necessary Local Match to a Federal Earmark olution FY2008 , -29 Authorizing the Execution of a Supplemental an of Agree em nt end of a Lease With Providence Health System k Island Health Care Foundation for the Kodiak Community ances for Int +auction Ordinance '° `o. FY2008 -15 Amending Kodiak Island Borough Code of ances - „ctions 2.39.070 Declaring and Filling Vacancies in Title 2; Se 4. ' 40 Vacancies in Title 4; and Section 2.43.02 Appointment, Term procedures in Title 2. 2. *Ordin a No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. 3. *Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. 4. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. 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 D. Other Items 1. Assembly Appointments to the Womens Bay Service Area Board. 2. Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat. 3. Declaring a Seat on the Board of Equalization Vacant. 4. Resignation and Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 5. *Hiring of Maintenance Coordinator at Salary Range 20, Step H. 14. CITIZENS' COMMENTS (Limited to Three Minutes 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Acr'equired A. Minutes of Other Meetings 1. Architectural /En January 8, 2008. 2. Fire Protection Are 2007. 3. Planning and. Zoning C 4 Womens Bay:: Service Ar 5. . Solid Waste Advisory Boar g Review B. Reports Kodiak Island Borough :Januar peaker) eeting of Novembe26, 2007 and Meetin�':', ovember 20 and December 18, g of December 19, 2007. ebruary 5, 2008. ular Meeting of December 5, 2007. 08 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 3 of 2 BY: SECOND: BY: 4' SECOND: 0 BY: CI SECOND: .% :- , BY: SECOND: BY: V ` SECOND: Vt Yes No Yes No Yes No Yes No Yes No • Mr. Abell Ms. Branson / Ms. Branson Ms. Branson Ms. Branson Ms. Branson Mr. Friend V Mr. Friend Mr. Friend Mr. Friend Mr. Friend d t/ Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey ✓ Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch / Mr:Oswalt r. Mr . O3walt- Mr-flswah Ms. Stutes / Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes V DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL TOTAL TOTAL TOTAL TOTAL 0 In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular /Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 2 ) Eli 2OO Adjourned: BY: SECOND: 'C BY: SECOND: BY: y SECOND: 15 BY: ?f,. SECOND:n BY: S SECOND: Yes No Yes No Yes No Yes No Yes No M.C. AbPII Mme~ -- -Mr Ms. Branso nt ✓ Branson Ms. Branson ✓ Ms. Branson on ✓ Ms. Branson, Mr. Friend ✓ Mr. Friend / Mr. Friend V Mr. Friend y� Mr. Friend "1/� Ms. Jeffrey V Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey * ✓ Ms. Jeffrey ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Mr .Oswalt WFr.4?sw Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes V Ms. Stutes J Ms. Stutes V DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL t) TOTAL - t i TOTAL 5 F? TOTAL 4 1 TOTAL 6- 0 In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular /Sp g Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: z6 Adjourned: BY: 1 SECOND: BY: SECOND: 1 t di BY: SECOND: °V 1 BY: It SECOND: BY: tb SECOND: ,,_} t cQ..‘"-- Yes No Yes No Yes No Yes No Yes No M.. -Abell -- --IVF'rAbell — Mr. - MIT — . *bett M1. I Ms. Branson Ms. Branson V Ms. Branson Ms. Branson �/ Ms. Bransor-- Mr. Friend*'' V Mr. Friend V Mr. Friend V Mr. Friend `// Mr. Friend 1 Ms. Jeffrey Y Ms. Jeffrey 4- v M s. Jeffrey V Ms. Jeffrey y Ms. Jeffrey ✓ Ms. Lynch / Ms. Lynch ✓ Ms. Lynch V Ms. Lynch V Ms. Lynch f Mr. Oswa it r • r r . . , . r r r . Ms. Stutes V Ms. Stutes V M3. Stutes Mel: Ms. Stutes r,/ Ms. Stutes 1� DOES ANYONE WISH TO CHANGE THEIR VOTE? 0 TOTAL 3 0 TOTAL f) L TOTAL TOTAL In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular /Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 1- Adjourned: BY: tk SECOND: g 1,0 DA BY: ft SECOND: sT \,1 64'4 BY: SS SECOND: . Iv BY: SECOND: H) BY: SECOND: Vi 4 Yes No Yes No Yes W FA No Yes No Yes No • Ms. Branson ►'i _ . . - Ms. Branson ► A ' bell Ms. Branson Ms. Branson ^ V Ms. Branson Mr. Friend ' Mr. Friend ✓ Mr. Friend Mr. Friend Mr. Friend Ms. Jeffrey Ms. Jeffrey` Ms. Lynch ✓ Ms. Jeffrey Ms. Lynch Ms. Jeffrey Ms. Lynch ✓ Ms. Jeffrey Ms. Lynch Ms. Lynch : " " _____Mr. Oswalt 4 Ms. Stutes Ms. Stutes V Ms. Stutes ✓ Ms. Stutes 4 1 Ms. Stutes DOES ANYONE WISH TO CHANGE HEIR VOTE? TOTAL '>� +� TOTAL TOTAL OTAL ,; j� E/ TOTAL In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular /Special g Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Adjourned: BY: LAS SECOND: BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: Yes No Yes No Yes No Yes No Yes No Mr.-Abell Mr. Abell MQr. Abell M M. AtreN , Ms. Branson V ✓ Ms. Branson Ms. Branson Ms. Branson Ms. Branson Mr. Friend ✓/ Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Jeffrey �, Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Lynch L/ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch MF -O3wali r. swa --M I MinnWah Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL 6 TOTAL TOTAL TOTAL TOTAL In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Convened: Special CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Adjourned: KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your nam � � i / i MA," ■ . ' J LLitc 1 0' 0 -8 / ii 0 A aA ( v(i/C) Alillairlatilir 7 gAf g / '1.....-------- T 4 \ ,h iy-6 mil, 1 4fri, 4 i ,c4e--to c i ,, ill CY( 6'2-,. _ iirfir KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your nam KODIAK ISLAND BOROUGH Regular Assembly Meeting November 15, 2007 A regular meeting of the Kodiak Island Borough Assembly was held November 15, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kepley. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by JEFFREY. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS A. Student of the Month Mayor Selby presented the November Student of the Month award to Joel Liwag, a senior at the Kodiak High School. CITIZENS' COMMENTS DoDon. Fox opposed vacating Assembly member Jeffrey's seat. He opined that voters were the only ones who should be able to remove an elected assembly member. Mel Stephens supported vacating Assembly member Jeffrey's seat. He spoke against Ordinance No. FY2008 -11. Mike Milligan spoke in favor of the Assembly clarifying the ordinance attendance. COMMITTEE REPORTS Assembly member Lynch reported the Solid Waste Advisory Board (SWAB) met on Wednesday, November 14, 2007. Information presented by the Consultants has been very good and there has been much participation from the public. Assembly member Branson reported that the Providence Health Service Area Community Board met at its annual meeting. The Board was looking for volunteers and would be completing a survey which will be taking place every three years. Kodiak Island Borough Assembly Minutes November 15, 2007 Page 1 Assembly member Abell reported SWAMC annual conference would be held on January 31 and February 1, 2008. An Energy Workshop will be held in conjunction on January 30. He traveled to Anchorage with KIBSD staff and toured high school facilities as part of the Schools Master Plan. The KIBSD Administration was trying to come forward with a plan to either renovate the high school or build a new one. Assembly member Jeffrey attended the Kodiak College Council meeting. At this time 60 full time students are enrolled at Kodiak College, which was an increase from the past years. The College would be presenting a Learn at Lunch program. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • New Pool Project - Three bids were received for the new swimming pool. Two came in under the engineers' estimates. Reference checks were in the process of being completed. • AML conference — Three important topics discussed were school funding, revenue sharing, and PERS/TRS programs. At the Managers session, ADOT gave a presentation regarding federal earmarks. • North Star Safe Access — Staff has been working with KEA to identify possible sites for lighting and determining the cost to install. Staff was looking at various funding for the project. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended the annual AML conference. He reported many Alaskan communities are reflecting discontent with ADOT projects that are not being followed through on. Representatives would meet in Juneau to urge DOT to begin making progress on the projects. Also discussed were State energy issue and absence of an existing State energy policy to incorporate energy efficiencies for schools, public organizations, and home owners. Mayor Selby suggested that the Assembly work with Manager Gifford to come up with local energy programs. Mayor Selby noted that information was being gathered to implement into the School Strategic Master Plan which would assist development of the schools. Mayor Selby announced the annual KIB Mayors' Conference was scheduled on December 4, 2007. He wished everyone a Happy Thanksgiving. UNFINISHED BUSINESS A. Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly, Section 2.17.020 General Rules to Allow Attendance and Participation at Meetings by Members of the Assembly by Teleconference. JEFFREY moved to adopt Ordinance No. FY2008 -09 in first reading to advance to public hearing on December 6, 2007, seconded by OSWALT. Kodiak Island Borough Assembly Minutes November 15, 2007 Page 2 Discussion ensued on present Assembly Chambers equipment which was outdated and inadequate to facilitate the teleconferencing needs at this time. JEFFREY moved to postpone the ordinance until the regular meeting of April 3, 2008, seconded by STUTES. ROLL CALL VOTE TO POSTPONE THE MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) The motion before the Assembly was to adopt Ordinance No. FY2008 -08. Manager Gifford reported the ordinance amendment was created to do away with the PMOV and replace it with appropriation of excess funds. Assembly members discussed the benefits of having an investment advisor or keeping the position local. There was general consensus on discussing the matter further and making a decision at a later date. Assembly member Friend recommended having a full day work session to go through items one at a time and to receive further information. FRIEND moved to postpone approval of Ordinance No. FY2008 -08 to the regular meeting of December 6, 2007, seconded by OSWALT. ROLL CALL VOTE ON POSTPONEMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly, Section 2.17.070 C Ordinances, Resolutions, and Motions. BRANSON moved to adopt Ordinance No. FY2008 -11 in first reading to advance to public hearing on December 6, 2007, seconded by LYNCH. Manager Gifford clarified the process of declaring vacancies as a result of assembly member absences. Kodiak Island Borough Assembly Minutes November 15, 2007 Page 3 Assembly member Friend reported that he had reviewed regular meeting minutes of 1990 -2003 and discovered that assembly member absences during these times exceeded the codified missed meeting requirements. He was not in favor of vacating Assembly member Jeffrey's seat. Assembly member Stutes agreed there was confusion in the code and spoke against the proposed ordinance. Assembly member Branson noted that the Assembly met with the attorney to clean up the code prior to the lawsuit being filed. She supported the proposed ordinance. Assembly member Abell would like the word "held" changed in the current code. Assembly member Lynch spoke in favor of the proposed ordinance. She noted that the Assembly requested this ordinance from the attorney and the decision should be made in the community's best interest. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Jeffrey, Lynch, Abell, and Friend (Ayes); Abell, Oswalt and Stutes (Nays). Clerk's note: Assembly member Abell changed his vote to yes. D. OTHER ITEMS — None. CITIZENS' COMMENTS Mel Stephens spoke in favor of the Assembly postponing Ordinance FY2008 -09 Investment Fund. He spoke against hiring an investment manager. Margaret Hall reported that work on the Community Health Center (CHC) solarium had begun. Mike Milligan did not support privatizing the facilities funds investment. Lisa Polito spoke in support of addressing the ordinance before vacating an Assembly member's seat. Lorna Arndt agreed with Mr. Stephens and did not support the Ordinance. Scott Griffin agreed there was a problem with the code and spoke against retro activating the ordinance. Shawn Dochtermann spoke in favor of excusable absences for Assembly members. He asked for the status of the crewman's resolution. ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated Joel Liwag as Student of the Month for November. She recommended that trash rates be made consistent. Assembly member Friend spoke about the Kodiak Sustainability group. There was a $600 membership for a software program to do a baseline study of the borough owned buildings to Kodiak Island Borough Assembly Minutes November 15, 2007 Page 4 make energy saving improvements with minimal staff time. He suggested a local person could work on this project. Based on previous information provided by Assembly member Oswalt regarding problems with the pool, Assembly member Friend discovered the master controller recently malfunctioned. He queried staff regarding the chemicals used in the swimming pool. Manager Gifford responded that they are still checking on the problem and are monitoring the levels of the chemicals and confirmed that a master controller has been replaced. Assembly member Abell responded to Mr. Dochterman noting that the Assembly would be addressing the matter. He spoke on the subject of conflict of interest code /financial gain and recommended that the Assembly review the items pertaining to this part of the code. Assembly member Lynch was glad to hear that there was the possibility of a new pool and that bond projects are moving forward. Assembly member Oswalt shared information regarding the situation with the pool. He also opined that the Borough maintain its own buildings instead of continuing with the borough /school district benchmarks. Assembly member Jeffrey congratulated Joel Liwag, Student of the month. She reported on her attendance to the AML conference and felt the trip was beneficial. She supported the discussion regarding conflict of interest. She reported that KFAC would be meeting December 17 and 18, 2008. Mayor Selby mentioned that the Crewmembers resolution is presently before the KFAC. Assembly member Branson congratulated Joel Liwag as Student of the month. It was great news about the pool and commended the KHS and Kingfisher's swimmers. She thanked Margaret Hall for calling in about the CHC solarium. BRANSON moved to postpone the special meeting and executive session to November 29, seconded by LYNCH. Assembly member Jeffrey stated she would be on vacation during the week of November 19 — 26 and asked the special meeting be rescheduled. Assembly member Branson asked for a special meeting to be held in conjunction with the work session scheduled for November 29. Assembly member Stutes advised to hold the special meeting as scheduled since the litigation hearing would be held on November 27. Assembly member Oswalt noted he would be out of town November 20 — 28. Assembly member Abell explained his reasons for calling the special meeting stating it was important to have a discussion with counsel regarding the litigation and the date was the soonest that the special meeting could be held and the meeting properly advertised. Kodiak Island Borough Assembly Minutes November 15, 2007 Page 5 ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Oswalt, Stutes, Abell and Friend (Nays); Lynch, Branson, and Jeffrey (Ayes.) (Clerk's note: Assembly member Oswalt changed his vote to no. Announcements Mayor Selby announced that a special meeting of the Assembly was scheduled on Tuesday, November 20, 2007 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held Thursday, November 29, 2007 at 7:30 p.m. in the Borough Conference Room and the Regular Assembly Meeting would be held on Thursday, December 6, 2007 at 7:30 p.m. in the Borough Assembly Chambers. The Borough offices would be closed Thursday, November 22 and Friday, November 23, 2007 in observation of the Thanksgiving Holiday. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:30 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes November 15, 2007 Page 6 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 6, 2007 A regular meeting of the Kodiak Island Borough Assembly was held December 6, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch and Reed Oswalt. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, E &F Director Woody Koning, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Mayor Selby announced that Assembly member Stutes was out on personal leave. BRANSON moved to excuse Assembly member Stutes, seconded by ABELL. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY For the record: Based on the decision of Judge Morse's, Assembly member Jeffrey was able to participate in the discussion but she was not allowed to vote. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Resolution No. FY2008 -13 Supporting the Kodiak Fisheries Advisory Committee's Call for the Implementation of Data Collection and Reporting for the Seafood Harvesting Labor Sector. • • Resolution No. FY2008 -14 Urging the Governor and the Alaska State Legislature to Create a Statewide Comprehensive Economic Development Plan Coordinated with Statewide Energy, Transportation and Education Plans and Policies • Resolution No. FY2008 -16 Summarizing the KIB Assembly's Position on PERS/TRS with the State Bearing 85% of the Unfunded PERS Past Service Cost Liability, and all PERS Employers Paying 15 %, With the State Permanently Paying all Past Service Costs Related to the TRS System. • Resolution No. FY2008 -17 Supporting the State to Commit 6% of all Natural Resource Revenues to Alaska's Communities for Services to Alaska's People, With No Cap. • Resolution No. FY2008 -18 Supporting Long -Term Funding with Regards to Findings and Recommendations Forwarded from the Alaska Education Funding Task Force that Equitably Deal with Alaska's Schools. • Approval of the Kodiak Island Borough Assembly 2008 Meeting Schedule. • Declaring Seats Vacant on the Womens Bay Service Area Board. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 1 CITIZENS' COMMENTS Mel Stephens addressed Ordinance No. FY2008 -08 and urged the Assembly to fail it. Lorna Arndt commented on the attendance policy of the Assembly. COMMITTEE REPORTS Assembly member Lynch gave an update on the Solid Waste Advisory Board (SWAB) activities. She appreciated great public participation. PUBLIC HEARING A. Ordinance No. FY2008 -10 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Comprehensive Plan Update. JEFFREY moved to adopt Ordinance No. FY2008 -10, seconded by BRANSON. Manager Gifford referred to CDD Associate Planner Duane Dvorak for the report. Planner Dvorak reported about the process of the comprehensive plan. He noted the memorandum dated December 5 incorporated changes to date; maps would be changed accordingly, and asked the Assembly to adopt the plan including all the revisions. Matt Hastie, Cogan Owens Cogan Project Consultant, recognized all the people who participated in the comprehensive plan process. FRIEND moved to amend Ordinance No. FY2008 -10 by incorporating the proposed revisions dated December 5, 2007 and the maps as follows, seconded by BRANSON. 1) The map on Page 14, Chapter 4, showing the Landfill Buffer Area comprised of Lot 2, Sawmill Subdivision, and the Greenbelt Area identified in KIB Ordinance No. 98 -06 -0, will be amended from the Business /Commercial designation to the Open Space /Recreation designation. 2) The map on Page 14, Chapter 4, showing the Pearson Cove tidelands will be amended to show the Open Space /Recreation designation over the tidelands (water area) as generally shown for the NU- Natural Use rezone in KIB Ordinance No. 94 -25. 3) The map on Page 11, Chapter 4, shall be amended to show an additional site for potential resource extraction to correspond with the Koniag Native Corporation owned lands at Shakmanof Cove. Mayor Selby opened the public hearing. Alana Tousignant expressed her concern about lot sizes in Chiniak and related that time was needed for people to actually review maps online and the incorporated revisions. In response to Assembly member Friend, Planner Dvorak explained that the plan was a general policy guideline and should be seen as such. He advised that the Assembly could amend it anytime and he was comfortable recommending to the Assembly to move forward. Mayor Selby closed the public hearing. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 2 ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Abell, Branson, Friend, and Lynch (Ayes); Oswalt (Nay.) ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO ONE: Branson, Friend, Lynch, and Abell (Ayes); Oswalt (Nay.) B. Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. BRANSON moved to adopt Ordinance No. FY2008 -11, seconded by LYNCH. Clerk Javier reported what was before the Assembly was an ordinance that was drafted by the Borough Attorney from the direction given by the Assembly. At the last work session, the Assembly members requested different options given to them based on the discussion. She did not deviate much from what the Attorney put together. The wording in option A was close to the City Charter; however, the words "without excuse" remained in the second sentence and did not include the words "the seat is automatically vacated." Option B included the special meetings, and option C duplicated Alaska Statutes provision #9. The options were for Assembly consideration and members may make other amendments as they wish. Mayor Selby opened the public hearing. Mel Stephens opposed the "retroactivity" of the ordinance and asked the Assembly to vote down all the other amendments. Nick Szabo opposed current wording of the ordinance. He asked the Assembly to strike out "without excuse" wording on #4. Mayor Selby closed the public hearing. Assembly member Branson said it was time to get this matter cleared up and hoped that the Assembly could get on with other business. Assembly member Lynch hoped the Assembly members would follow process regarding dissertations. She asked the Assembly members would start acting as one body. Assembly member Jeffrey would like to see the code clarified to avoid getting someone off the Assembly unintentionally. She advocated for the "retroactivity" of this ordinance to protect the Borough from the past actions it has taken. FRIEND moved to amend Ordinance No. FY2008 -11 by replacing Section 2, 2.16.060 A4 with the following wording: "misses more than four (4) unexcused consecutive regularly scheduled and actually held assembly meetings, or (b) without excuse, misses one -half (1/2) of all regular assembly meetings actually held in a six (6) month period ", seconded by BRANSON. ABELL moved to amend the amendment to strike out Sections 3, 4, and 5 of the Ordinance, seconded by FRIEND. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT FAILED THREE TO TWO: Abell, Friend, and Oswalt (Ayes); Branson and Lynch (Nays.) Kodiak Island Borough Assembly Minutes December 6, 2007 Page 3 ROLL CALL VOTE ON THE FIRST AMENDMENT FAILED TWO TO THREE: Friend and Lynch (Ayes); Abell, Branson, and Oswalt (Nays.) ROLL CALL VOTE ON THE MAIN MOTION FAILED ONE TO FOUR: Lynch (Aye); Abell, Branson, Friend, and Lynch (Nays.) Clerk's note: Assembly member Branson changed her vote from aye to nay. Following actions such as reconsideration and adoption of this ordinance on December 20 were invalidated because of procedural error. BOROUGH MANAGER'S REPORT Manager Gifford provided a project status update and reported on the following: • Land sale number sixteen. • North Star PTA's request regarding streetlights on roads to the school. Direction was given by the Assembly to move forward. • New swimming pool. Noted the ten -day protest period was allowed upon notice of intent to award was given to the contractor. • Seismic upgrades at the Middle School. Classrooms are now back in use. • Legislators update. Assembly consensus was to move the December 13 work session to December 18 to have both legislators attend together. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the village Mayors for their attendance to the Kodiak Island Borough Mayor's conference. He reported on the different issues they discussed such as schools, economic development, emergency preparedness, comprehensive plan, and CIP lists. He noted that Governor Palin has asked the legislature to set aside $2.5 million for an energy assistance fund. UNFINISHED BUSINESS A. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) The motion before the Assembly was to adopt Ordinance No. FY2008 -08. Manager Gifford reported this Ordinance was originally presented to the Assembly in September. At the last work session, the Assembly directed staff to redraft the ordinance to address housekeeping matters. In response to Assembly member Oswalt, Finance Director Short went over the proposed changes. FRIEND moved to amend Ordinance No. FY2008 -08 by substitution, seconded by ABELL. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 4 B. Declaring Assembly Member Sue Jeffrey's Seat Vacant. Manager Gifford reported that this seat vacancy was postponed from the November 1, 2007 meeting. Assembly member Jeffrey stated the reason that her seat was being vacated was not because she has committed a grievous crime. All her absences were excused and that her attendance records for the past two years was no different than the record of most Assembly members. She detailed the reasons for her absences which were for family illness and her work at a fish site. She noted the ambiguity of the code and lack of an Assembly member control over cancelled meetings. She noted that she was in town to attend those cancelled meetings. Assembly member Jeffrey would submit her name for the vacated seat despite Mr. Stephens' offer to settle the lawsuit on the condition of her not being reappointed. She said there was nothing that prohibits her from doing so. She thanked the Assembly for the opportunity to serve. Assembly member Branson did not agree with Judge Morse's interpretation of the code; however, she will abide by it. She said the code has been unclear; this was not the intent of the code when it was written seventeen years ago. She wanted the Assembly to move forward and said it was unfortunate that it had happened this way. Assembly member Abell, as the maker of the motion, noted it was no great joy but wished the Assembly would move forward and go through the process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. NEW BUSINESS CONTRACTS 1. Contract No. FY2008 -17 Memorandum of Agreement between the State of Alaska and the Kodiak Island Borough for the Otmeloi Way Rehabilitation Reconnaissance Engineering Study. BRANSON moved to authorize the manager to execute Contract No. FY2008 -17 with the State of Alaska acting through the Department of Transportation and Public Facilities, seconded by OSWALT. Manager Gifford reported Otmeloi Way is a major access route to North Star Elementary School. This facility is not only a school, but it also serves as a mass sheltering facility for the community during times of a disaster. Access to the school along Otmeloi Way was unsafe. This was especially the case for children walking to school on dark winter mornings. This issue was brought to the attention of the Alaska Legislature by the North Star PTA and the Borough Assembly. The legislature acted favorably to fund the project in an amount of $3.3 million dollars. This money was to be administered by the Alaska Department of Transportation (DOT). DOT guidelines and State Statute for project development was also to be followed. A Reconnaissance Engineering Study was required by DOT to determine the scope and cost of the project. This study will determine if the money allocated by the legislature was sufficient to complete the project. If it was not, more money will have to be pursued. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 5 RESOLUTIONS 1. Resolution No. FY2008 -12 Authorizing the Borough to Issue General Obligation School Bonds, 2008 Series A in the Principal Amount of Not to Exceed $8,000,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing their Sale, and Providing for Related Matters. OSWALT moved to adopt Resolution No. FY2008 -12, seconded by ABELL. Manager Gifford reported that AS 29.47.410 requires the Assembly to provide the form and manner of sale of bonds and notes. This was pursuant also to Ordinance No. FY 2007 -05 adopted on August 17, 2006 which passed the question at the October 3, 2006 election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. 2. Resolution No. FY2008 -15 Supporting Adoption of a Clean Elections System in Alaska. OSWALT moved to adopt Resolution No. FY2008 -15, seconded by FRIEND. Mayor Selby reported this resolution was in support of adopting a Clean Elections system which can help restore public trust in government, eliminate the potential for and perception of corruption, and promote greater accountability to voters. Assembly member Branson supported this Resolution to open the doors to other candidates. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2008-01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. FRIEND moved to adopt Ordinance No. FY2008 -01 B in first reading to advance to public hearing on December 20, 2007, seconded by BRANSON. Manager Gifford reported this ordinance would: • Set up project number 08004 to purchase a computer assisted mass appraisal and collection program. • Increase the Community Development Budget by $17,360 to purchase an upgrade to a GPS system and to fund further work on the comprehensive plan and island -wide trails plans. This would reduce the General Fund Balance to $1,820,982. • Fund the shortage in the Health and Sanitation Department with savings in the Culture and Recreation Department. • Fund the $12,323 in repairs to the High School Kitchen with use of undesignated fund balance in Fund 410. • Add $27,000 to the Kodiak Middle School Asbestos Abatement project to cover unforeseen expenses with use of undesignated fund balance in Fund 410. • Add $182,000 to the High School Soil Remediation project for removal of contaminated soil with use of undesignated fund balance in Fund 410. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 6 • Budget for the $8,000,000 bond approved by the voters. • Add $76,496 to the High School and Middle School for additional roof repairs. • Budgets for the $938,633 FEMA (Federal Emergency Management Agency) grant passed through the State of Alaska for Kodiak High School Seismic Upgrades. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell, Branson, Friend, and Lynch. OTHER ITEMS 1. Mayoral Appointments of Assembly Representatives to Boards and Committees. BRANSON moved to confirm the Mayoral appointment of Assembly member representatives to Boards, Committees, Commissions and Councils, seconded by FRIEND. The appointments are as follows: Architectural Review Board Reed Oswalt Providence Kodiak Island Service Area Community Board (Expires 12/31/08) Pat Branson Providence Kodiak Island Counseling Center Advisory Board (Expires 12/31/09) Louise Stutes Joint Building Code Review Committee Reed Oswalt Kodiak College Council Left Blank Kodiak Fisheries Advisory Committee Left Blank Parks and Recreation Committee Chris Lynch School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend Solid Waste Advisory Board Chris Lynch Mayor Selby serves on the Emergency Services Council and Economic Development Committee. Clerk Javier reported Mayor Selby has asked the Assembly to confirm his appointments of Assembly member representatives to different Boards, Committees, Commissions, and Councils. The Kodiak College Council and Kodiak Fisheries Advisory Committee seats were left blank and will be filled once the vacated Assembly seat was filled. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. 2. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. FRIEND moved to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows, seconded by BRANSON. The following are the appointments: MAYORAL APPOINTMENTS Architectural Review Board Gregg Hacker and Brent Watkins to the seats to expire 2010 Arts Council Advisory Board Sara Bruce, Cece Esparza, and Cathy Wilson to the seats to expire 2008 Kodiak Island Borough Assembly Minutes December 6, 2007 Page 7 Parks and Recreation Committee Lori Demi, Pam Foreman, Andy Schroeder to the seats to expire 2010 Planning and Zoning Commission Gary Juenger to a Borough seat to expire 2010 Brent Watkins to a City seat to expire 2010 (Recommendation submitted by City Council on 11/29 via email from City Clerk Debra Marlar.) ASSEMBLY APPOINTMENTS Board of Equalization Karenia Hackett to the seat to expire 2010 Cassandra Juenger to the "alternate" seat to expire 2010 Mission Lake Tide Gate Service Area Board Marian Johnson to the seat to expire 2010 Clerk Javier reported these appointments were discussed at the last work session by the Assembly. There are quite a few more vacant seats on different boards, committees, and commissions and asked interested applicants to fill out board applications and turn them in to the Clerk's office. Applicants may also fill out applications online. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. 3. Resignation of Planning and Zoning Commissioner Gary Carver. OSWALT moved to accept, with regret, the resignation of Gary Carver from the Planning and Zoning Commission for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by BRANSON. Clerk Javier reported Mr. Carver has asked that the Assembly accept his resignation from the Planning and Zoning Commission. Mr. Carver started serving on the Commission October of 2005. Mayor Selby and the Assembly thanked Mr. Carver for his service on the Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. CITIZENS' COMMENTS The following urged the Assembly to reappoint Sue Jeffrey to the Assembly: Greg Mete, Tom Kouremetis, and Claudia Anderson. ASSEMBLY MEMBER COMMENTS Assembly member Oswalt hoped the Borough could look into getting more phone lines to accommodate queuing of phone calls during meetings. Announcements Mayor Selby announced the next regular work session has been rescheduled from Thursday, December 13 to Tuesday, December 18 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, December 20, 2007 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 8 Mayor Selby announced that publication for the vacated Assembly seat would start on Monday, December 10 and for fourteen days the clerk would receive applications from persons interested in being appointed. Last day to submit an application was December 24. No later than January 5, the Assembly shall appoint from among the applicants a qualified person to fill the vacant seat. ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. Mayor Selby adjourned the meeting at 9:55 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 6, 2007 Page 9 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 20, 2007 A regular meeting of the Kodiak Island Borough Assembly was held December 20, 2007 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, and Reed Oswalt. One Assembly seat was vacant. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kepley. Assembly member Stutes was out on personal leave. BRANSON moved to excuse Assembly member Stutes, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Regular Meetings of September 20, October 4, October 18, and November 1, 2007. • Special Meetings of September 27, November 20, and November 29, 2007. • Resolution No. FY2008 -21 Certifying the FY2008 Shared Fisheries Business Tax Program Application to Be True and Correct. AWARDS AND PRESENTATIONS A. Student of the Month Mayor Selby presented the Student of the Month award for December to Brianna Gibbs, a senior at the Kodiak High School. CITIZENS' COMMENTS George Griffinq urged the Assembly to move forward with the pool contract. He asked the Assembly to reappoint Sue Jeffrey to the Assembly. Jay Johnston urged the Assembly to approve the pool contract. COMMITTEE REPORTS None. PUBLIC HEARING Kodiak Island Borough Assembly Minutes December 20, 2007 Page 1 A. Ordinance No. 2008-01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. OSWALT moved to adopt Ordinance No. FY2008 -01 B, seconded by BRANSON. Manager Gifford reported on the amendments reflected in the ordinance. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. Manager Gifford reported there were grants that needed to be included in the ordinance. A substituted version was provided to the Assembly members in their packets and copies were made available to the public. FRIEND moved to amend Ordinance No. 2008 -01 by substitution, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. BOROUGH MANAGER'S REPORT Manager Gifford reported KIB achieved gold status in loss control for keeping losses to less than ten percent of premium during Fiscal Year 2006. This "Loss Control Award" was given by AMUJIA. He gave an update on the High School soil contamination, DEC approved the back filling of holes. President Bush declared December 24 a federal holiday. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby extended his condolences to those who have lost their loved ones. He wished everyone a Merry Christmas and Prosperous New Year. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. This was postponed from November 15 regular meeting. The motion before the Assembly was to adopt Ordinance No. FY2008 -08. In your packet was a substituted version with proposed amendments and copies are made available to the public. Clerk's note: Actions taken on this ordinance were invalidated because of procedural error. Ordinance No. FY2008 -12 was introduced on December 27, 2008 and adopted on January 11, 2008. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -18 for the Construction of a New Swimming Pool. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 2 BRANSON moved to authorize the manager to execute Contract No. FY2008 -18 with Jannsen Contracting Inc. in an amount not to exceed $11,683,895, seconded by ABELL. Manager Gifford reported this contract was for the construction of a new swimming pool which was funded by two voter approved Bonds in the amount of $14,210,000. The E/F Department has reviewed the bids and checked contractor references. Staff evaluated the alternate bid amounts and recommended that the contract be awarded to Janssen Contracting, Inc. in an amount not to exceed $11,683,895.00. This included the base bid and alternates 2, 4 and 6. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. 2. Contract No. FY2008 -19 for Shot Rock Development — Landfill Cover. Assembly member Lynch declared a conflict of interest since she will be the inspector for this project. Mayor Selby excused Assembly member Lynch from voting. OSWALT moved to authorize the manager to execute Contract No. FY2008 -19 with Brechan Enterprises, Inc. of Kodiak, AK in the amount not to exceed $127,900 for the period of December 20, 2007 through February 15, 2008, seconded by FRIEND. Manager Gifford reported the landfill was required to cover municipal waste daily with a minimum of 6 inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project constructed in 2005 which provided for some of the clearing needed in the area for this project. This rock project was expected to provide cover for at least two years or more as well as help maintain landfill roadways. Three firms responded to the RFP for the shot rock development. Bids were as follows: Brechan Enterprises, Inc. $127,900 Anderson Construction Company, LLC $128,525 Twin Peaks Construction $361,000 Staff reviewed each proposal and it was recommended that Brechan Enterprises, Inc. be awarded this contract for $127,900. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Oswalt, and Abell. 3. Contract No. FY2008 -20 for Telecommunication Services for the Kodiak Island Borough. FRIEND moved to authorize the manager to execute Contract No. FY2008 -20 for telecommunications services for the Kodiak Island Borough, seconded by BRANSON. Manager Gifford reported the MIS Department issued a request for proposal for telecommunication services. This proposal had six components and proposers were allowed to propose on any or all of the components. The six components included in the RFP are: 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection Kodiak Island Borough Assembly Minutes December 20, 2007 Page 3 5.) Cellular phone service 6.) Replacement or upgrade of the Borough telephone system, which was 10 years old and was no longer supported by the manufacturer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. B. Resolutions 1. Resolution No. FY2008 -20 Adopting a 2008 Rural Communities State Legislative Capital Improvement Projects Priority List. BRANSON moved to adopt Resolution No. FY2008 -20, seconded by OSWALT. Manager Gifford reported this list comprised of projects that have been identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2008 State Legislative Capital Improvement Projects Priority list to be sent to the governor and the state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. 2. Resolution No. FY2008 -03B Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee (KFAC.) FRIEND moved to adopt Resolution No. FY2008 -03B, seconded by BRANSON. Manager Gifford reported this resolution amended Resolution No. FY2008 -03 to officially appoint Mr. Dan Clarion as the Kodiak Rural Communities Representative to the KFAC. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell, Branson, Friend, and Lynch. C. Ordinances for Introduction — None. D. Other Items 1. Acknowledging Receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. ABELL moved to acknowledge receipt of the 2005 Gravel Task Force Final Report, seconded by OSWALT. Manager Gifford reported the Gravel Task Force was created May of 2005 and tasked to perform a number of investigations. The Task Force submitted its final report (filed in the Assembly packet.) Mayor Selby thanked board members for their involvement in the task force. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 4 CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Oswalt congratulated Brianna Gibbs and wished everyone a Merry Christmas. He requested an update regarding St. Innocent's Academy at the next meeting. Assembly member Abell was glad to see the pool contract approved. He wished everyone Happy Holidays. Assembly member Branson congratulated Brianna Gibbs and wished everyone Happy Holidays and best of the New Year. Assembly member Lynch congratulated Brianna Gibbs and thanked all the members of the Gravel Task Force. She was glad to see the pool contract approved. Announcements Mayor Selby announced the Assembly will hold a work session and a special meeting on Thursday, December 27, 2007 at 7:30 p.m. in the Borough Conference Room. The regular meeting scheduled on Thursday, January 3 has been cancelled. The Assembly will hold a Strategic Planning meeting on Saturday, January 5 at the Kodiak Fisheries Research Center starting at 9 a.m. Anyone who was interested in applying for the Assembly vacated seat may do so until Monday, December 24 by dropping applications in the Borough drop box. The Borough offices will be closed on Monday, December 24 and Tuesday, December 25 in observance of the Christmas Holiday. ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Mayor Selby adjourned the meeting at 8:15 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 20, 2007 Page 5 CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Special Assembly Meeting December 27, 2007 A special meeting of the Kodiak Island Borough Assembly was held December 27, 2007 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:30 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Finance Director Karl Short, Clerk Nova Javier and Deputy Clerk Marylynn McFarland. Mayor Selby asked Clerk Javier to make Mr. Mel Stephens letter available to the public and the original copy incorporated in the original record. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Appointment to the Kodiak Island Borough Assembly Mayor Selby announced that the candidates were Lorna Arndt and Susan Jeffrey. He announced the process that needed to be followed in accordance with KIBC 2.17.040. Assembly member Stutes nominated both Ms. Arndt and Ms. Jeffrey. She asked that nominations be closed. The first round of votes resulted in Ms. Arndt getting three votes, Ms. Jeffrey getting two votes, and Ms. Branson getting one vote. KIBC 2.17.040 (4) required majority vote, Clerk Javier went for second round of votes which resulted in a tie vote of three /three. Clerk Javier went for a third round of vote, Ms. Jeffrey received four votes. Mayor Selby announced the appointment of Sue Jeffrey. B. Newly- appointed Assembly Member's Oath of Office. Clerk Javier administered the oath of office to newly appointed Assembly member Sue Jeffrey. C. Contract No. FY2008 -22 Mass Appraisal Database and Data Conversion Services. FRIEND moved to authorize the manager to negotiate Contract No. FY2008 -22 with True Automation of Plano, Texas in the amount not to exceed $342,628, seconded by ABELL. Finance Director Short and Assessor Anderson reported on the details of this contract. Kodiak Island Borough Special Meeting Minutes December 27, 2007 Page 1 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by FRIEND ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. The special meeting adjourned at 8:45 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes September 27, 2007 Page 2 Kodiak Island Borough Assembly Special Meeting January 10, 2008 A special meeting of the Kodiak Island Borough Assembly was held January 10, 2008 in the Borough Conference of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:44 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier and Assistant Clerk Jessica Kepley. Assembly member Reed Oswalt was absent and was excused later by voice vote of the Assembly. CITIZENS' COMMENTS Nick Szabo asked the Assembly to include wording limiting Assembly absences. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. BRANSON moved to adopt Ordinance No. FY2008 -12, seconded by FRIEND. Clerk Javier presented a substituted version mirroring Alaska Statutes provision #1 -9 with the word "held" on #9. BRANSON moved to amend Ordinance No. FY2008 -12 by substitution, seconded by FRIEND. Discussion ensued about yearly limitations on absences. FRIEND moved to further amend the amendment to include "B. If a member of the governing body misses one -half (1/2) of the meetings held in any year of his or her term of office, each year between November 1 and October 31, the seat shall be automatically vacated," seconded by ABELL. Mayor Selby opened the public hearing. Clerk Javier read a letter into the record from Barbara Williams. The following spoke under public hearing: Nick Szabo, Ed Mahoney, and Mel Stephens. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, and Stutes. Kodiak Island Borough Special Meeting Minutes January 10, 2008 Page 1 ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Stutes, and Abell. Mr. Stephens, during public hearing, commented on the second and third whereas of the ordinance. FRIEND seconded by BRANSON, moved to amend the second and third whereas to read: "WHEREAS, between 1990 and 2006, the Assembly had not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section reads to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and " ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, Abell, and Branson. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, Abell, and Branson. ADJOURNMENT BRANSON moved to adjourn the special meeting, seconded by ABELL. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, Branson, and Friend. The meeting adjourned at 8:27 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Special Meeting Minutes January 10, 2008 Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting January 17, 2008 A regular meeting of the Kodiak Island Borough Assembly was held January 17, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kepley. Assembly members Branson and Oswalt were out on personal leave. ABELL moved to excuse Assembly members Branson and Oswalt, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY. This contract was approved under consent agenda: 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. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS A. Employee of the Quarter Manager Gifford presented the Employee of the Quarter Award to Sharon Blakeslee, Programmer /Analyst in the MIS Department. B. Student of the Month Mayor Selby presented the January Student of the Month Award to Donald Kewan Jr., a Senior at the Port Lions School. CITIZENS' COMMENTS Iver Malutin reported on the activities of the Prince Williams Sound Regional Advisory Council. He advised that Mr. Nestic would like to resign from his seat and asked him to be his replacement. Kodiak Island Borough Assembly Minutes January 17, 2007 Page 1 COMMITTEE REPORTS Dale Nash, AADC President and Chief Operating Officer, gave a report on the different activities that were ongoing at the launch facility. Discussion ensued regarding a third launch pad complex. Assembly member Friend reported on the 2008 School District budget process. Assembly member Stutes attended the Counseling Center Advisory Board meeting and reported on the different programs of the Center such as the Outward Bound program. Assembly member Jeffrey reported on the Kodiak College Council meeting and Kodiak Fisheries Advisory Committee (KFAC) meeting. She announced that the crew members' proposal was being discussed. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford gave a status update on the following: Kodiak Middle School upgrades, pool project, Community Health Center project, soil contamination at the High School, Peterson Elementary Seismic upgrades, and the Ouzinkie gym. He will be travelling to Anchorage on January • 24 -25 for AML /JIA and January 30- February 2 for Southwest Alaska Municipal Conference (SWAMC.) MESSAGES FROM THE BOROUGH MAYOR Mayor Selby will be attending Alaska Municipal League January 22 -25 and SWAMC January 31 to February 1. UNFINISHED BUSINESS — None. NEW BUSINESS A. Contracts - Contract No. FY2008 -23 was approved under consent agenda. B. Resolutions 1. Resolution No. FY2008 -22 Adopting the Kodiak Island Borough Strategic Plan for the Years 2008 -2012. ABELL moved to adopt Resolution No. FY2008 -22, seconded by JEFFREY. Manager Gifford reported the Assembly held a strategic planning session on January 5, 2008 and the session culminated in the preparation of this resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, and Stutes. 2. Resolution No. FY2008 -23 Adopting a Federal Capital Improvement Program for the Fiscal Years 2008 -2012. FRIEND moved to adopt Resolution No. FY 2008 -23, seconded by JEFFREY. Kodiak Island Borough Assembly Minutes January 17, 2007 Page 2 Manager Gifford reported this resolution identified the needs for the next five years. Enumerated were six main projects that will be submitted to the Alaska Congressional delegation for funding consideration. He reaffirmed that the list was not prioritized. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Abell. 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. ABELL moved to adopt Ordinance No. FY2008 -13 in first reading to advance to public hearing on February 21, 2008, seconded by STUTES. Manager Gifford reported this ordinance was requested by Assembly member Abell which addressed a change on who should prepare ordinances and clarified that all written legal opinions, relating to borough business, should go through the manager's or clerk's office. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, and Friend. 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. JEFFREY moved to adopt Ordinance No. FY2008 -14 in first reading to advance to public hearing on February 21, 2008, seconded by ABELL. Manager Gifford reported 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. Assembly member Abell explained that he would like to take a proactive approach, although there has not been a precedence of abuse not having a policy in place. Assembly member Jeffrey explained there were options presented to the Assembly and she favored option B. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Abell, Friend, and Jeffrey. D. Other Items 1. Assembly Appointment to the Personnel Advisory Board. JEFFREY moved to confirm the appointment of Susan Killary to the Personnel Advisory Board for a term to expire 2010, seconded by ABELL. Clerk Javier advised this appointment was to expire 2010. Ms. Killary's application was submitted to Borough employees, two emails were received supporting her appointment. Kodiak Island Borough Assembly Minutes January 17, 2007 Page 3 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Friend, Jeffrey, and Lynch. 2. Mayoral Appointments to Planning and Zoning Commission. ABELL moved to confirm the Mayoral appointment of Mr. Jim Purdy on the Borough seat to expire 2008 on the Planning and Zoning Commission, seconded by JEFFREY. There were two applicants for a Borough seat to expire 2008: Jim Purdy and Alan Torres. This was for the seat vacated by Gary Carver. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, and Stutes. 3. Mayoral Appointments of Assembly Representative to the Kodiak College Council and Kodiak Fisheries Advisory Committee. FRIEND moved to confirm the mayoral appointment of Assembly member Jeffrey as the Assembly representative to the Kodiak College Council and the Kodiak Fisheries Advisory Committee, seconded by STUTES. Clerk Javier reported these two seats 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes, and Abell. 4. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. ABELL moved 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, seconded by FRIEND. Ms. Mary Jacobs has served as the Kodiak Island Borough representative on the Cook Inlet RCAC board since 2001 and she tendered her resignation. Ms. Elizabeth Chilton expressed an interest to become the replacement. This appointment will expire March of 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, and Friend. 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. FRIEND moved 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 $12,048.67, seconded by ABELL . Kodiak Island Borough Assembly Minutes January 17, 2007 Page 4 Manager Gifford reported this invoice was submitted to Louise Stutes 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. Mayor Selby ruled the motion out of order and asked Clerk Javier to prepare a resolution authorizing the payment. ABELL challenged the ruling of Mayor Selby, seconded by STUTES. ROLL CALL VOTE ON CHALLENGING THE MAYOR'S RULING FAILED THREE TO TWO: Abell, Friend, Stutes (Ayes); Jeffrey, Lynch (Nays.) Clerk Javier was directed to present a resolution at the next regular meeting of the Assembly. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated Donald Kewan Jr. and Sharon Blakeslee. She advocated for equal enforcement of garbage billing. She requested legal opinion from a third party regarding the payment of legal fees. She reminded everyone that Assembly members were sued individually. Assembly member Friend had no comments. Assembly member Abell supported Assembly member Stutes' request of obtaining a third party opinion about the legal fees. He noted the need for a replacement plan of the borough administration building. He was bothered with the perception that taxpayers were being shortchanged with bond funds being transferred from one to the other. In response to Assembly members Stutes and Abell's request, Clerk Javier advised that she needed consensus of the Assembly for her to go to a different Attorney. Assembly member Jeffrey expressed her opinion, regarding the payment of legal fees, that the Assembly members were sued in their role as Assembly members. Assembly member Lynch congratulated Donald Kewan, Jr. and Sharon Blakeslee. She thanked Dale Nash for the AADC report. She would like to see the Assembly as leaders of this community to act as one body and stop getting caught up in personal emotions. Announcements Mayor Selby announced the Assembly work session of January 31 and regular meeting of February 7 had been cancelled. The next work session will be held on February 14 and the next regular meeting will be held on February 21. Kodiak Island Borough Assembly Minutes January 17, 2007 Page 5 The Borough offices will be closed on Monday, January 21 in observance of Martin Luther King Day. The City Council and Borough Assembly were planning to meet in a joint work session on February 19, 2008. ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Friend, Jeffrey, and Lynch. The meeting adjourned at 9:11 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes January 17, 2007 Page 6 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING 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. 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. Mr. Abell also expressed to the Clerk that he would like the Assembly to consider amending the ordinance before the Assembly to read: During a work session or a meeting, 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. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -13. ITEM NO: 9.A 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 01/17/2008 02/21/2008 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 TO CLARIFY REQUEST FOR ORDINANCES AND LEGAL OPINIONS PROCESSES 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 Page 1 of 1 REQUESTED AMENDMENT IN YELLOW BY ASSEMBLY MEMBER ABELL ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -13 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: 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 Myer 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. During a work session or a meeting, Aany 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 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2008 02/21/2008 Kodiak Island Borough Ordinance No. FY2008 -13 Page 1 of 1 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 9.B 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. OPTION A - CITY OF KODIAK 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 mo L. Division of question. The chair may request a division of a question. M. The assembly may amend, repeal, another ordinance. N. A defeated motion /proposal may motion may be reintroduced following an ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -14 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH Assembly Member Abell Assembly Member Abell Borough Clerk 01/17/2008 02/21/2008 tions. divide the question or an assembly member may rescind or reconsider an ordinance by enacting not be reintroduced for one year. However, a election of new Assembly members. Jerome M. Selby, Borough Mayor Ordinance No. FY2008 -14 Page 1 of 1 OPTION B - AS RECOMMENDED BY INT'L INSTITUTE OF MUNICIPAL CLERKS 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, 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 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 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 SUMMARY: APPROVAL FOR AGENDA: 644 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Northland Ranch Resort Liquor License, Beverage Dispensary License #1955 to Olds River Inn. 5.01.030 New license and transfer procedure. B.The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. There are no trouble reports and no Borough interest can be protected by protesting the transfer. Eight (8) public hearing notices were mailed, one (1) was returned. * 1/4 t fr 9 \I A ITEM NO: 9.0 RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Transfer of Ownership of Northland Ranch Resort's Liquor License, Beverage Dispensary License #1955, from Omar Stratman to Circle B, LLC. Member /Officer/Director: DOB Address Phone Title /Shares ( %) Harlus F Barber Jr 4/8/64 2695 Spruce Cape Rd Kodiak AK 99615 907 - 486 -5065 Manager 50% Mary J Barber 4/3/60 2695 Spruce Cape Rd Kodiak AK 99615 907 - 486 -5065 Member 50% Corp /LLC Agent: Address Phone Date and State of Limited Partnership /Corporation Good standing? Aarlus Barber 2695 Spruce Cape Rd Kodiak AK 99615 907 -486- 5065 October 2, 2007 Alaska Yes gate of Notice: January 11, 2008 Application Type: NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address: Telephone #: EIN: Please note: the M embers/ Officers/Da rector s/Share holders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all princi members and tho who h o l d at least 10 %share License #: Current D.B.A.: 'urrent Licensee: .:urrent Location: Additional comments: Kodiak Island Borough None 1955 Beverage Dispensary Tourism Seasonal (May 1— Oct 31) Olds River Inn Circle B, LLC 32233 Pasagshak Rd 2695 Spruce Cape Rd Kodiak AK 99615 907 - 486 -5065 907 - 486 -0287 Fax 26- 1664923 current license inform 1955 Northland Ranch Resort Omar Stratman Mile 30 Chiniak Hwy State of Alaska Alcoholic Beverage Control Board * Please note the correction in red X X X Restaurant Designation Application will be sent via US mail. ORIGINAL APPLICATION MUST BE RETURNED. TRANSFER Ownership Location Name Change Page 2 * *Date of Birth * Doing Business As Cc: A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ Reeda yarami!!o Reeda Jaramillo Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 Chapters: 5.01 Liquor Licenses Sections: TITLE 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.01 LIQUOR LICENSES 5.01.010 -- 5.01.030 5.01.010 Cooperation with state Alcoholic Beverage Control Board. 5.01.020 License renewal procedure. 5.01.030 New license and transfer procedure. 5.01.010 Cooperation with state Alcoholic Beverage Control Board. It is declared the policy of the borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. (Ord. 86 -07 -0 ' 2(part), 1986). 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. (Ord. 86 -07 -0 2(part), 1986). 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 5 -1 (MB 03/99) Supp. #24 5 -2 5.01.030 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. (Ord. 98 -09 ' 2, 1998; Ord. 86 -07 -0 ' 2(part), 1986). KIB 03/05) Supp. #41 Kodiak Island Boroug Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 48 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license for: From: To: License #: 1955 License Type: Beverage Dispensary 41,q,, 3t634 43 O O L 1�S /2/ 1 4/4/, FED? 2008 175//0. License #: 1955 License Type: Beverage Dispensary Tourism D.B.A.: Northland Ranch Resort D.B.A. nal (May 1 — Oct Olds River Inn Licensee: Omar Stratman Licensee: Circle B, LLC Location: Mile 30 Chiniak Highway Location: 32233 Pasagshak Road, A public hearing will be held on Thursday, February 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, February 21, 2008. If you have any questions, please call us at (907) 486- 9310. ,PO>/, ‘/7 Fe/%a/ Name: ,4/d9 /L ' LOTS' 2( 20 2 n (wifr/Ave it Mailing Address: I2 56)e /46, /< O/ f Ai; 9 _96/5 Comments: I; Ak' /r) -fX /,M 01 AM' /46/!770/ /6: ) L/ 9z/O/C L / ci /V54 712/ 1 /VSf E<' _r/e0 m O /4 %A STie 'T,^�1 4/ �/ a /4w) FEB -14 -2008 13:54 FROM:AST KODIAK 02/07/2088 13:04 907- 486 -9391 January 15, 2008 Jamie Juhlin Department of Public Safety Alaska State Troopers 2921 A MW Bay Road Kodiak, AK 99615 Dear Jamie: Marylyn T attend Borough ' eputy t'a mlm FEB -07 -2008 14:16 FAK:907 486 9391 9074865810 TO :907 486 9374 P.2'2 BOROUGH CLERK PAUL in Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Please complete the following information for our records, ❑ There were no trouble reports for this place of business. There were of trouble reports for this place of business, Please fax your response to the Borough Clerks office at 486.9391. Thank you, IDtAST KODIAK The Alaska Beverage Control Board has notified the Kodiak Island Borough of a liquor license transfer of ownership and name change for: ELM To: License #: 1955 License #: 1955 License Type: Beverage Dispensary License Type: Beverage Dispensary Tourism Seasonal (May 1 - October 31) O.B.A.: Northland Ranch Resort D.B.A,; Olde River Inn Licensee/Applicant: Omar Stratman Licensee/Applicant: Circle B, LLC Location: Mile 30 Chiniak Highway Location: 32233 Pasagshek Road Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license; 2. the clerk shell check with the state troopers on the number of trouble reports at the place of business. PAGE:001 R =100% TITLE: Contract No. FY2005 -09A Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. SUMMARY: The Employment Contract (copy attached) between the Kodiak Island Borough and Rick Gifford, Borough Manager, is a three (3) year contract through the end of business on May 23, 2008. Section 2A of the contract provides for a ninety (90) day written notice, by either party, to renew or not renew said contract by mutual consent after the three (3) years. Attached is a memo from Mr. Gifford indicating his desire to renew the contract. The proposed amendment would extend the contract until terminated by either party subject to Section 4 of the Contract which basically provides for a ninety (90) day written notice by either party. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to approve Contract No. FY2005 -098A Amendment #1 to Contract FY2005 -09 between the Kodiak Island Borough and Rick L. Gifford, Borough Manager. KODIAK ISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM TO: The Honorable Mayor and Assembly of the Kodiak Island Borough FROM: Rick Gifford, Borough Manager AD- DATE: February 11, 2008 SUBJECT: Borough Manager's Contract Extension Per the Employment Contract between the Kodiak Island Borough and Rick Gifford, Borough Manager, I am submitting the required ninety (90) day notice that I wish to renew my contract with the KIB. As KIB manager, I have worked with the Assembly for the past three years to meet the challenges of this unique Alaskan municipality. We have accomplished much but there is more to do and I look forward to continuing the work we have started. AMENDMENT NO. 1 AMENDMENT NO. 1, to the EMPLOYMENT CONTRACT between the Kodiak Island Borough and Rick L. Gifford, dated April 21, 2005, follows: WHEREAS, the KODIAK ISLAND BOROUGH with offices at Kodiak, Alaska, hereinafter called "Borough," and RICK L. GIFFORD who resides at Kodiak, Alaska, hereinafter called "Manager," entered into an EMPLOYMENT CONTRACT for services as the Borough Manager of the Kodiak Island Borough on April 21, 2005; and WHEREAS, the continuation of the existing EMPLOYMENT CONTRACT is desirous to both the Borough and Manager; NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the EMPLOYMENT CONTRACT as follows: Section 2.A. The EMPLOYMENT CONTRACT is extended until terminated with a ninety (90) day written notice, by either party, subject to the terms of Section 4 hereof. EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the AGREEMENT dated April 21, 2005, remain in force and effect. KODIAK ISLAND BROUGH (BOROUGH) BOROUGH MANAGER (MANAGER) Tom Abell Deputy Presiding Officer Date: ATTEST: Nova M. Javier, CMC, Borough Clerk Rick L. Gifford Borough Manager Date: Borough Manager Contract Page 1 of 6 EMPLOYMENT CONTRACT Section 2: Contract Term and Notice Requirements. C_acos - -09 ,a t THIS AGREEMENT is made and entered into this 2f day of 2005 between the Kodiak Island Borough (hereinafter "Borough ") and Rick L. Gifford (hereinafter "Manager "). The Parties recite and declare that: The Borough is in need of a person possessing the skills and ability required to render service as Borough Manager of the Kodiak Island Borough. The Manager, through his education and experience, possesses the requisite skills to perform such duties. The Borough is therefore desirous of engaging the services of Rick L. Gifford as Borough Manager under the direction of the Assembly, pursuant to the authority vested in the Borough by A.S. 29.20.490 and the Kodiak Island Borough Code Title 2. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, the Borough and the Manager agree as follows: Section 1: Mutual Assent to Employment Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. A. Subject to Section 4 hereof, this Contract between Borough and Manager shall be in effect for three (3) years, commencing May 24, 2005 through end of business on May 23, 2008, with a ninety (90) day written notice, by either party, to renew or not renew said contract by mutual consent after the three (3) years. FILE COPY Section 3; Salary and Benefits. A, Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, at the initial rate of Ninety Thousand and 00 /100 Dollars ($90,000.00) annually. B. Manager's performance shall be reviewed in executive session, six (6) months after the effective date of the Agreement and the Manager's salary shall be adjusted to Ninety -Five Thousand and 00 /100 dollars ($95,000.00) upon mutual review and determination of satisfactory job performance. C. The Assembly or Manager may request a performance review at any time; however, reviews subsequent to the second six (6) month review shall take place at least annually and the Manager's salary may be adjusted for cost -of- living at the call of the Assembly. D. Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided in advance upon the start date of this contract and each anniversary date for the life of the contract. Annual leave can be accrued from year to year with a maximum accrual limit of sixty (60) working days (480 hours); however, Manager must take at least eighty (80) hours of leave annually. Annual leave use of more than five (5) days shall be noticed to the assembly at least two (2) weeks in advance, except in an emergency. E. Sick leave, health insurance, life insurance, disability insurance, workers' compensation insurance, jury duty, holidays and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees except that the Borough shall pay 100% of the cost of health insurance for Manager and spouse. Borough will pay for annual physical, if not covered by health insurance. To ensure uninterrupted coverage, the Borough will pay a signing bonus, if necessary, in the amount of Nine Hundred Ninety -Four dollars and 93/100 ($994.93), to cover Manager's COBRA until Manager and spouse are eligible for the Borough's health insurance. F. Except to the extent specifically referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Manager's personal status as a Borough employee. G. Borough will provide an automobile for Manager's business use only, including commuting to /from work. Borough will provide gas, oil, maintenance and liability insurance. Borough Manager Contract Page 2 of 6 H. Borough will provide up to Fifteen Hundred dollars and 00/100 ($1,500.00) per month for temporary housing for Manager until Manager finds permanent housing or until September 1, 2005, whichever occurs earlier. L Borough will provide one (1) round trip airfare from Anchorage for Manager's spouse to search for permanent housing. Section 4: Separation of Employment, Severance Pay A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. In the event of termination other than for good cause, Borough shall pay to Manager as severance pay an amount equal to ninety (90) days of salary and benefits. In either case, Manager shall also be compensated for all accrued annual leave. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least ninety (90) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough shall not pay severance pay to Manager. C. If Manager is terminated for good cause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. For this purpose, the term "good cause" shall mean: 1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager by law or by the Borough Assembly, or incompetence, which is defined as the inability or the intentional failure to perform the manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends to reflect dishonesty. Section 5: Moving Expenses. A. Manager shall receive compensation for expenses incurred in moving to Kodiak, which will be provided by Borough upon presentation by Manager of receipts for expenses so incurred in an amount not to exceed Twelve Thousand Five Hundred dollars and 00 /100 ($12,500.00). In the event of termination of employment within one (1) year of the Borough Manager Contract Page 3 of 6 effective date of this agreement, the Manager shall receive compensation for expenses incurred in moving back to his original point of origin not to exceed the amount above. Section 6: Dues, Subscriptions, and Affiliations. A. Borough agrees to budget and to pay the dues of Manager for membership in professional and civic organizations and subscriptions of Manager necessary for his continuation and full participation in national, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Borough, as budgeted/approved by the Borough Assembly. Section 7: Professional Development. A. Borough hereby agrees to budget and pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Borough, including, but not limited to, the Alaska Municipal Managers Association (AMMA) and the International City /County Management Associ ation (ICMA). B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would include: hotel rooms, auto rental, taxi fare, and telephone. Manager shall also receive per diem in the amount afforded to all Borough employees for each half day of travel to be calculated from midnight to noon and noon to midnight. This section applies to short courses, institutes, and seminars that are necessary for professional development and for the good of the Borough, as budgeted by the Borough Assembly. C. Borough will pay all local government business - related expenses as budgeted by the Borough Assembly. Section 8: Indemnification. A. Borough agrees to defend, save and hold harmless, and indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: Borough Manager Contract Page 4 of 6 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime that tends to reflect dishonesty. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 9: Other Employment A. During the tenure as Borough Manager, Manager shall not be employed by any other entity or organization. Section 10: General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs -at -law and executors of Manager. C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 11: No Reduction of Benefits; Good Faith and Fair Dealing. A. Borough shall not at any time during the term of employment with this agreement reduce the salary, compensation, or other financial benefits to Manager. B. All contract provisions shall be subject to good faith and fair dealing. Borough Manager Contract Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on this 21 day of April, 2005. KODIAK ISLAND BOROUGH (BOROUGH) Tuck Bonney Deputy Presiding Officer Date: J! /e?G I goo 5* ATTEST: .�� a. / . J ith A. Nielsen, CMC orough Clerk Date: l n2l , 2 o 5' Borough Manager Contract Page 6of6 BOROUGH MANAGER (MANAGER) Rick L. Gifford Borough Manager Date: 5% /o d ATTEST: udith A. Nielsen, C Borough Clerk Date: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -03C Amending Resolution No. FY2008 -03 to Appoint to the Lodge /Charter Boat Operator Seat and Vacate the Large Trawl Vessel Seat on the Kodiak Fishery Advisory Committee (KFAC). SUMMARY: Mr. Jim Hamilton, an initial member of the Committee, is serving in the "large trawl" seat. He has requested that he be appointed to the Lodge /Charter Boat Operator seat. This action was approved by the City Council at their January 24, 2008 which opened up the large trawl seat on the committee for appointment. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -03C. ITEM NO: 13.B.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -03C Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008 -03 TO APPOINT TO THE LODGE /CHARTER BOAT OPERATOR SEAT AND VACATE THE LARGE TRAWL VESSEL SEAT ON THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007 -38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex- officio non - voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008 -03B Page 1 of 2 Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman MuIlan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon /Herring Net Vessels Hunter Berns Kodiak Rural Communities Dan Clarion Small Processors David Woodruff Lodge Charter Boat Operators Jim Hamilton Citizen at Large Alan Austerman 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 -03C Page 2 of 2 Nova Javier - om: Rick Gifford int: Monday, January 14, 2008 5:32 PM To: Nova Javier Subject: FW: Jim Hamilton KFAC Attachments: kcc.PDF Hi Nova, The City is going to take this appointment to the Council at their January meeting and the trawal group recommendation in Feb. Maybe we can do both at our Feb. meeting. If you have any questions, please contact me. Thanks. Rick Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ''lone: 907 - 486 -9301 ax: 907- 486 -9374 Email: rgifford(a.kodiakak.us Web site: http: / /www.kodiakak.us Original Message From: Trevor Brown [mailto:trevor@kodiak.org] Sent: Friday, January 11, 2008 1:37 PM To: Rick Gifford; Linda Freed Cc: Jim Hamilton Subject: Jim Hamilton KFAC Jim's knowledge of both the Trawl fleet and Charter concerns has been a great asset to the Committee. If at all possible I would like to see a seamless transition from his current position as a representative of the Large Trawl Sector to the Charter /Lodge Sector. I will also contact the trawl group to see if they can send in a request to appoint a new representative. Thank you. Trevor Brown Economic Development Specialist Kodiak Chamber of Commerce 907- 486 -5557 Original Message '=rom: "Jessica Isaako" <recep @kodiak.org> J: "Trevor Brown" <trevor @kodiak.org> Sent: Friday, January 11, 2008 1:21 PM Subject: PDF 1 Dear members of the Kodiak City Council, I am asking you to consider the request to relinquish my seat (large trawler) and appoint me to the unfilled charter seat for the following reasons: I have terminated my work agreement with US Marine as Ocean Hope 3's vessel manager and relief captain effective December 31 2007. My work history has been equally divided between commercial fishing and sport fish / hunt guiding since 1990 and am economically dependent on fisheries resources for this reason. I currently co own the c/v Moon Shadow with Chris Fiala and have been involved in saltwater charter fishing since 1993. My hopes are to continue as a KFAC participant in working towards equitable and community minded solutions for our fisheries issues. I have been involved in several fisheries over the years and have considerable empathy and respect for all participants in all fisheries. Please feel free to contact me with any questions or concerns. It has been my pleasure to serve in this process and I wish to continue. Sincerely, } Jim Hamilton KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.B2 TITLE: Resolution No. FY2008 -24 Authorizing the Payment of Legal Fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for Legal Services Related to the Stephens vs. KIB Lawsuit. SUMMARY: This resolution, if adopted, will authorize the Manager to pay incurred and future legal fees to the law firm of Clapp, Peterson, Van Flein, Tiemessen and Thorsness, LLC for legal services related to the Stephens vs. KIB lawsuit. APPROVAL FOR AGENDA: �Ol RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -24. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -24 Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Borough Clerk Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE PAYMENT OF LEGAL FEES TO THE LAW FIRM OF CLAPP, PETERSON, VAN FLEIN, TIEMESSEN & THORSNESS, LLC FOR LEGAL SERVICES RELATED TO THE STEPHENS VS. KIB LAWSUIT WHEREAS, pursuant to KIBC 2.24, the Assembly shall appoint the borough attorney by resolution; and WHEREAS, Resolution No. 2001 -07 named the law firm Jamin, Ebell, Schmitt & Mason as the Borough attorney on February 15, 2001 by adoption of Resolution No. 2001 -07; and WHEREAS, the Mayor and Assembly members were sued by Mel Stephens; Mayor Selby and Assembly members Branson, Friend, Jeffrey, and Lynch were represented by the Borough attorney ; and WHEREAS, Assembly members Abell, Oswalt, and Stutes sought alternative counsel and request authorization for payment of legal fees incurred and future fees relating to this lawsuit; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that authorization is now given to the Manager for the payment of legal fees to the Law Firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC for legal services related to the Stephens vs. KIB lawsuit. 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 Resolution No. FY2008 -24 Page 1 of 1 Sections: 2.24.010 2.24.020 2.24.030 Borough attorney. Procedure for appointment. Service and removal. Chapter 2.24 BOROUGH ATTORNEY 2 -30 2.24.010 -- 2.24.030 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). (KIB 03/05) Supp. #41 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ESTABLISHING A PROCEDURE FOR OBTAINING LEGAL COUNSEL FOR THE BOROUGH WHEREAS, Alaska Statutes allows the assembly to provide the manner of appointing legal counsel; and WHEREAS, the Kodiak Island Borough has need of legal counsel to represent the borough and be recognized as the borough attorney: NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a permanent and general nature and shall become a part of the Code. Section 2. A new chapter, 2.24, is hereby enacted as follows: ATTEST: Borto�� Cle Adoption Date: Recommended By: Drafted By: ,CMC.lOZLE Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. 87 -10-0 July 7, 1987 Borough Mayor 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 borough assembly may retain legal counsel to act on the borough's behalf and to be recognized as the borough attorney. 2.24.020 Procedure for Appointment. The assembly shall appoint the borough attorney by resolution. 2.24.030 Service and Removal. The borough attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. PASSED AND APPROVED THIS 7th DAY OF JULY First Reading, Approval Date: June 4, 1987 Second Reading, Public Hearing, Approval Date: July 7, 1987 , 1987. WHEREAS, the Kodiak Island Borough Assembly has need of legal counsel since the borough from time to time may sue and be sued; and WHEREAS, the Assembly desires to retain legal counsel to act :'on the borough's behalf and to be recognized as the borough attorney; NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the law firm of Jamin, Ebell, Bolger and Gentry is hereby :!retained as borough attorney to represent the Kodiak Island Borough in !I matters of law and that said law firm will be reimbursed at the rate of !$125.00 per hour for such representation. BE IT FURTHER RESOLVED that the Assembly shall seek Ilalternative counsel to represent the borough when conflicts of interest arise. ATTEST: PASSED AND APPROVED THIS 7th DAY OF JULY , 1987. Boro 'Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. 87 -38 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY RETAINING LEGAL COUNSEL CIALc_jo.a ough Mayor Presiding Officer KODIAK ISLAND BOROUGH RESOLUTION NO. 97 -42 A RESOLUTION RETAINING LEGAL COUNSEL FOR THE KODIAK ISLAND BOROUGH Introduced by: Mayor Selby Requested by: Assembly Drafted by: Mayor Selby Introduced: 09/23/97 Amended: 09/23/97 Adopted: 09/23/97 Reconsidered: 10/02/97 Amended: 10/02/97 Adopted: 10/02/97 WHEREAS, the Kodiak Island Borough assembly has need of legal counsel since the Borough, from time to time, may sue and be sued; and WHEREAS, the assembly desires to retain legal counsel to act on the Borough's behalf and to be recognized as the Borough attorney; and WHEREAS, a regular review and reauthorization of legal counsel by the assembly is a good way of doing business; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this resolution replaces Resolution No. 87 -38 -R that retains legal counsel for the Kodiak Island Borough. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the law firm of Jamin, Ebell, Schmitt and Mason is hereby retained as the Kodiak Island Borough attorney to represent the Kodiak Island Borough in matters of law and that said law firm will be reimbursed at the rate of $150.00 per hour for such representation, unless otherwise specified at the onset of a particular litigation. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the assembly shall seek alternative counsel to represent the Borough when conflicts of interest arise. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this agreement is valid for three years, ending September 30, 2000, at which time this agreement must be reauthorized or new legal counsel obtained. Kodiak Island Borough, Alaska Resolution No. 97 -42 Page 1 of 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the assembly shall meet with legal counsel on six month intervals to discuss legal matters, and at such other times that a particular legal issue needs discussion. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF OCTOBER, 1997 (1)1/Aa t Donna F. Smith, CM /AAE orough rough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH 1 I,L Je o e M. Selby, Borough Mayo Robin Heinrichs, Presiding Officer Resolution No. 97 -42 Page 2 of 2 ATTEST: .4Zi-1. 6 udith A. Nielse cgc, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. 2001 -07 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. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF FEBRUARY, 2001. KODIAK ISLAND BOROUGH Introduced by: Manager Jensen Requested by: Assembly Drafted by: Manager Jensen Introduced: 02/15/2001 Adopted: 02/15/2001 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 (41 assembly members in attendance who _ate qualified to vote, the matter shall he tabled until the next regular or special meeting at which four (4) .assembly! memtter.s_ aualifed to yo . on the tat er 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 may vote nn a =,�estion in which he hoc a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such 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 so 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 seat (.4); t/c Tom Abell regarding 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) 11/16/2007 LJJ 11/18/2007 LJJ VBH Initial assignment to case and quick review of case materials to identify issues 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 plaintiff's 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. .5 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 Hrs /Rate Amount 11/19/2007 MKP Review notes, legal research, draft joinder in M Stephens' motion, and 2.90 580.00 confer with L. Johnson, outline, prepare and dictate status letter, and 200.00 /hr 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 plaintiff's 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 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 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 Page 4 Hrs /Rate Amount 0.40 80.00 200.00 /hr 6.90 1,380.00 200.00 /hr 1.80 200.00 /hr 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 Qty 2 0.82 2 2.28 1 1.82 586 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 VAS Invoice submitted to: Louise Stutes PO Box 170 Kodiak AK 99615 In Reference To: Invoice No. Professional Services 12/3/2007 MKP Review M. Stephens settlement offer, evaluate for and participate in telephone conference with Borough attorney M. Jamin and A. Schmidt. .6 12/5/2007 MKP Telephone call with R. Oswalt regarding status, hearing results, and plan. .4 Telephone call with M. Jamin. .2 12/6/2007 MKP Telephone call with T. Abell regarding case status, and closing file. .2 Edit letter regarding plan for further activity. .2 12/31/2007 MKP 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 Additional Charges : 12/31/2007 EXP Copies CLAPP •PETERSON FLEI\ • TIEVIESSE\ • THORS \ESS LLC January 09, 2008 Stephens (Stutes) - Kodiak Island Borough et al Our File No. 5757 -109 26690 711 H Street, Suite 620 • Anchorage, Alaska 99501 -3454 phone • 907 - 272 -9272 email • It.' 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 80.00 200.00 /hr 0.30 60.00 200.00 /hr 1.90 $380.00 Qtv 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 Peterson, Matthew K Total costs $15.85 Total amount of this bill $395.85 Previous balance $11,652.82 Balance due $12,048.67 Current 30 Days 395.85 11,652.82 Timekeeper Summary 60 Days Hours Rate Amount 1.90 200.00 $380.00 90 Days 120 Days 0.00 0.00 0.00 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.B.3 TITLE: Resolution No. FY2008 -25 Requesting State Funding of Research Into the Cause of Birth Defects in Sitka Blacktail Deer in the Kodiak Archipelago and How to Address the Problem. This resolution was requested by Mr. Jake Jacobson urging the State of Alaska to fund a project to study movement patterns, favored browse, and fetuses of female Sitka Black- tailed deer and also to analyze and Zink concentrations of potential causative agents in body tissues and browse, with the goal of identifying the underlying cause of these birth defects in deer and publishing the results, so that wildlife personnel can recommend a course of action. RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -25. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -25 Introduced by: Assembly Requested by: Dr. Jake Jacobson Drafted by: Dr. Jake Jacobson Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REQUESTING STATE FUNDING OF RESEARCH INTO THE CAUSE OF BIRTH DEFECTS IN SITKA DEER IN THE KODIAK ARCHIPELAGO AND HOW TO ADDRESS THE PROBLEM WHEREAS, since perhaps 1994, the population of Sitka black -tail deer on the Kodiak Archipelago, especially on Aliulik Peninsula with 70% affected males, increasingly has displayed a birth defect termed bilateral cryptorchidism, rendering males sterile because their testes never descend into the scrotum (another 6% on Aliulik Peninsula have only 1 scrotal testis); and WHEREAS, an unusually high incidence of cancer cells has been found in scrotal testes of otherwise normal appearing male Sitka black -tail deer on the Aliulik Peninsula; and WHEREAS, because wildlife often serve as a sentinel for human afflictions, the incidence of testicular cancer and cryptorchidism in Sitka black - tailed deer on the Kodiak Archipelago has implications for the health of residents of this Borough; and WHEREAS, this birth defect is a threat to the deer population of the Archipelago, because of reduced numbers of fertile breeding males and possible yet undetected defects occurring in female deer; and WHEREAS, sport hunting and wildlife viewing are important to the economy of Kodiak Borough, and these activities and local subsistence hunting may be negatively affected by these birth defects; and WHEREAS, study of the nature and magnitude of this problem afflicting Sitka black - tailed deer on the Kodiak Archipelago has been spearheaded by Dr. James P "Jake" Jacobson, of Kodiak, and publications by he and colleagues in peer- reviewed journals (eg, Environ Health Persp 114(Suppl 1): 41 -59, 2006) have been accomplished without funding by the State of Alaska; and WHEREAS, ignoring this multi- faceted problem in Kodiak's deer population would be imprudent; and WHEREAS, the National Institutes of Health or similar Federal agencies are unlikely to fund a study of deer movement patterns, favored browse, or content of potential causative agents in browse; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly urges the State of Alaska to fund a project, potentially led by Dr C Loren Buck of the University of Alaska Anchorage with assistance of Dr Jacobson and others, to study movement patterns, favored browse, and fetuses of female Sitka Black- tailed deer and also to analyze and Zink concentrations of potential causative agents in body tissues Kodiak Island Borough Resolution No. FY2008 -25 Page 1 of 2 and browse, with the goal of identifying the underlying cause of these birth defects in deer and publishing the results, so that wildlife personnel can recommend a course of action. 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 Resolution No. FY2008 -25 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -26 Establishing Citizens Board of Equalization Dates for the Year 2008. SUMMARY: The Board of Equalization hearing of appeals from the 2008 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will be held on Monday, May 12 and Tuesday, May 13, 2008 and will continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals have been heard. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -26. ITEM NO: 13.8.4 Section 1: Section 2: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -26 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Clerk Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING CITIZENS BOARD OF EQUALIZATION DATES FOR THE YEAR 2008 WHEREAS, part of the public notification process is the setting of dates, by resolution, of Board of Equalization hearings for appeals; and WHEREAS, the date taxes become delinquent shall be fixed by resolution; and WHEREAS, the actions are required by Alaska Statutes 29.45.240; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: The Board of Equalization hearing of appeals from the 2008 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will be held on Monday, May 12 and Tuesday, May 13, 2008 and will continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals have been heard. This meeting(s) will start at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. The date taxes are due is October 15, 2008, unless the taxpayer elects to pay the taxes in two equal installments, then the first half is due on August 15, 2008 and the second half is due on November 17, 2008. 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, Alaska Resolution No. FY2008 -26 Page 1 of 1 SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO: 13.8.5 TITLE: Resolution No. FY2008 -27 Designating the Individual Who Will Serve as the Administrative Official During the Absence of the Kodiak Island Borough Manager. This is to update Resolution No. 2002 -23 Designating Community Development Director Bud Cassidy as the individual who will serve as the Administrative Official during the absence of the Kodiak Island Borough Manager. RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -27. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -27 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE INDIVIDUAL WHO WILL SERVE AS THE ADMINISTRATIVE OFFICIAL DURING THE ABSENCE OF THE KODIAK ISLAND BOROUGH MANAGER WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other pressing issue during the absence of the Borough manager; and WHEREAS, Kodiak Island Borough Code of Ordinances 1.04.030C provides the designation of an administrative official to act as manager during the manager's absence or disability; and WHEREAS, at times the manager is absent from the Borough and the need for action may arise; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Charles E. "Bud" Cassidy, Community Development Director, shall serve as the administrative official during the manager's absence from the Kodiak Island Borough or inability to perform duties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2008 -27 Page 1 of 1 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE INDIVIDUAL WHO WILL SERVE AS THE ADMINISTRATIVE OFFICIAL DURING THE ABSENCE OF THE KODIAK ISLAND BOROUGH MANAGER WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other pressing issue during the absence of the Borough manager; and WHEREAS, Kodiak Island Borough Code of Ordinances 1.04.030C provides the designation of an administrative official to act as manager during the manager's absence or disability; and WHEREAS, at times the manager is absent from the Borough and the need for action may arise; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that Charles E. "Bud" Cassidy, Engineering and Facilities Department Director, shall serve as the administrative official during the manager's absence — firm the Kodiak Island Borough or inability to perform duties. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWELVTH DAY OF DECEMBER 2002 ATTEST: Judith A. Nielsen, C Borough Clerk A. Nielsen, C C Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. 2002 -33 Introduced by: Manager Carlson Requested by: Manager Carlson Drafted by: Borough Clerk Introduced: 12/12/2002 Adopted: 12/1 2/2002 KODIAK ISLAND BOROUGH Gabrielle LeDoux, Boroug Mayor Resolution No. 2002 -33 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -28 Providing Safe Access by Pedestrian Trails to North Star Elementary School and Supporting the Necessary Local Match to a Federal Earmark. SUMMARY: The Assembly travelled to Washington D.0 in 2004 and secured money to construct trails to North Star Elementary School. Senator Stevens attached this request to a Federal Earmark. The language of the Earmark had to be changed to allow for trail construction. Unfortunately we have just learned that the money has to be obligated by September 30, 2008. That being said, DOT is looking at a number of options to make this happen. The goal of all parties is not to send the up to $1.3 million dollars back to Washington D.C. This resolution does two things. It identifies the Assembly's continued commitment in supporting safe walking and biking routes to North Star School, it also supports matching the Federal Earmark with a required local contribution of $110,331 (9.03 %). This with the real federal contribution of $1,111,500 (reduced due to what are called recissions) brings the total project to $1,221,831. The actual and legal transfer of the match will take place with the adoption of a Budget Ordinance, up for first reading at this same meeting. FISCAL NOTES: Account No. To be assigned by Finance Amount Budgeted: To be adopted by budget ordinance Expenditure Required: $110,331.00 APPROVAL FOR AGENDA: 441 p e, RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -28. ITEM NO: 13.B.6 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -28 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PROVIDING SAFE ACCESS BY PEDESTRIAN TRAILS TO NORTH STAR ELEMENTARY SCHOOL AND SUPPORTING THE NECESSARY LOCAL MATCH TO A FEDERAL EARMARK WHEREAS, the North Star PTA has vigilantly brought to the attention of the Borough Assembly the unsafe nature of children walking and riding bikes to North Star School especially during the dark winter months in Kodiak; and WHEREAS, in 2004 the Assembly travelled to Washington D.C. to secure funding for the construction of safe biking and walking paths to North Star Elementary School; and WHEREAS, As a result of the Assembly's efforts, Senator Ted Stevens secured $1.3 million dollars of federal funding for construction of these trails under the heading of Kodiak Roads; and WHEREAS, the title of the Federal Earmark has been strictly interpreted by the state and did not allow for construction of trials; and WHEREAS, the Borough through our lobbyists has worked for years to change the name of this money to allow for trail construction; and WHEREAS, this funding has recently become available, but due to the nature of the Earmark, has to be "obligated" by the end of the Federal Fiscal Year which is September 30, 2008. NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that safe access to North Star Elementary School remains a high a priority of the Kodiak Island Borough Assembly and we urge that construction of bike and pedestrian paths be performed and the Federal Earmark not be returned. BE IT FURTHER RESOLVED, that the Assembly supports allocating a match of $110,331 to meet the local requirements of the Earmark. 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 Resolution No. FY2008 -28 Page 1 of 1 Bud Cassidy From: Soenksen, Steven M (DOT) [steve.soenksen @alaska.gov] Sent: Wednesday, January 23, 2008 2:50 PM To: Bud Cassidy Subject: FW: Kodiak Trail Language Bud: Perhaps this confirms what you already knew. But the details clarify some of my thinking on this idea. Will talk soon, Steve Soenksen 619 -971 -4636 cell From: Laurie, Robert B (DOT) Sent: Wednesday, January 23, 2008 2:42 PM To: Soenksen, Steven M (DOT); Biloon, Joselyn (DOT) Cc: Witt, Jennifer W (DOT) Subject: RE: Kodiak Trail Language Steve — Here's what I found so far — the rest is up to you & Joselyn... I was able to get a copy of Mary Peters' letter and c� forward that if you need it. I think it has already been shared with Joselyn & Jennifer... Bob National Corridor Planning and Border Development Program Fact Sheet available through FHWA Legislation & Regulations webpage, under TEA -21 (the program was replaced in SAFETEA -LU) www.fhwa.dot.gov/tea21/factsheets/border.htm Earmark can be found at HR 4818 (PL 108 -447) FFY 2005 Consolidated Appropriations bill House Report 108 -792 (Joint explanatory statement) Page 1892 Kodiak Island Roads $1,300,000 The project reports says there has been a technical amendment to the earmark that will allow it to be used on pedestrian trails. See US DOT Secretary Mary Peters August 02, 2007 letter. It probably would be a good idea to get more clarification from the Alaska District Office to ensure that the proposed use is eligible; the letter appears to give that ok — but the planner should confirm that understanding. (My read of the program makes m question the eligibility of any project on Kodiak for these funds, but Peters' letter appears to trump that.) 1 Central Region Area Planner: Jo6.,iyn Biloon at 269 -0508 This has been assigned to Central Region Project Manager Cynthia Ferguson Phone: 269 -0589 cynthia.ferguson(a alaska.gov AKSAS #: 58159 Federal Project No.: (Not assigned as of 1/23/08) Because of rescissions, the federal amount still available is $1,111,500 (not $1,300,000). Local sponsor will have to provide 9.03% matching funds: $110,331 So, total project will have to be $1,221,831 (or larger if local community brings more than the minimum required match). Other federal funds may not be used as match. Funds may be used only for design & construction, not planning. Funds must be obligated no later than September 30, 2008 or they go away. That means: / • The project is in the STIP. [Need ID 18783], however, if there is any change to the scope, phases, funding amounts, or funding sources - that must be run through the STIP approval process (a new amendment is be released later this month for public comment) • ✓ • • V • If a change is required and it is not in this STIP amendment it will take at least 3- months to develop another amendment and get federal approval — before any money can be spent on the project. • The project must have been advertised for construction, bids received and winning bid selected, negotiations completed, contract signed, federal agreement prepared, submitted and approved by FHWA. pp Y From: Soenksen, Steven M (DOT) Sent: Wednesday, January 23, 2008 10:39 AM To: Laurie, Robert B (DOT) Subject: FW: Kodiak Trail Language All design must be completed Any needed permits received All right of way acquired Any contracts or agreements for utility work must be obligated Out traveling enroute to Kodiak. 2 2006 -2009 Alaska Statewide Transportation Improvement Program Amendment 13 (Major) Approved Need ID: 18783 Region: Central Place Name: Title: Kodiak Island Roads Project Description: Construct approximately 9,826 lineal feet of potentially paved pedestrian paths up to 8 feet in width. Multiple paths will extend from the existing pedestrian path on Rezanof w Drive up to North Star Elementary School. These paths will $tte wrc7e , Transporratrnn 1mpresv mrrrr Program : b e located in a manner separate from the existing roadway. The walkways will be illuminated from existing power poles. Design 3PF Design NCPG Construction 3PF Construction NCPG Average AADT: Pavement Rating: Totals: Program Type: TRAAK Primary Work: Reconstruction Secondary Work: Safety Special Financial: Earmark Project Status Project Start: Environmental Clearance: Construction Funded: Right of Way Authorized: Year 2006 13.0 0 130.6 0 0.0 116.1 0.0 1,170.0 143.6 1,286.1 Sponsor: DOT /PF Predominant Functional Class: PHASE FUNDING FFY07 FFY08 FFY09 All amounts x1,000 dollars 0 0 0 0.0 After FFY09 0.0 Election District(s): 36 PEB Score: Criteria: 199 TRAAK Borough /Census Area: KODIAK ISLAND BOROUGH Municipal Planning Organization (MPO): non -MPO 25 January 2008 KODIAK ISLAND BOROUGH p. 1 STIP North Star PTA Officers: President - Isa Stihl Wirz - 486 -4864 Vice President - Alice LeVan - 486 -2253 Secretary - Meri Holden - 486 -4305 Treasurer - Deb Kirk - 486 -5433 722 Mill Bay Road Kodiak, Alaska 99615 NORTH STAR ROAD SAFETY RESOLUTION WHEREAS the North Star community is comprised of over 300 students and their families, and the school serves the entire community for a variety of functions; and WHEREAS the roads approaching North Star Elementary are under the various jurisdictions of the State of Alaska (Otmeloi Road), Service District 1 and the Kodiak Island Borough (KIB) (Lilly Drive, Antone Way, and Mallard Way), and the Kodiak Island Borough School District (KIBSD)(parking lot and access roads); and WHEREAS the lighting, signage, and safety controls are inadequate on the above mentioned roads, and are by definition "Hazardous "; and WHEREAS there is no separated bike or pedestrian trails /paths linking North Star Elementary to the Rezanof Bike Path, and therefore, to the rest of the City and Borough; and WHEREAS the width of all the roads currently require children to play "chicken" with cars traveling at high speeds and expose them to a dangerous "luge -like" curve where Antone Way and Lilly Drive meet; and WHEREAS North Star Elementary is slated to be an Earthquake and Tsunami Shelter; THEREFORE BE IT RESOLVED that the North Star PTA recommends implementation of Pedestrian and Bike access designed to insure the safety of children and the community members accessing North Star Elementary School; and BE IT FURTHER RESOLVED a separated Bike Path be constructed on Otmeloi in 2005 to connect the entire Otmeloi corridor to Rezanof Drive with funds to include but not limited to the 2005 Omnibus Bill monies slated for Kodiak trails and roads; and BE IT FURTHER RESOLVED a comprehensive road traffic engineering and planning study be implemented to identify solutions to the Antone /Lilly /Otmeloi traffic patterns as they relate to North Star to include but not limited to the $25,000 dollars currently set aside in the KIB budget; and BE IT FURTHER RESOLVED that the KIBSD, Service District 1, and KIB work to improve the signage and lighting on all roads to include School Zone speed signs and flashing lights, appropriate one -way signs in the parking area and on Mallard Way; and BE IT FINALLY RESOLVED that a Task Force be established, consisting of two KIB Assembly members, two Service District 1 members, two KIBSD members, and two North Star parents, to examine and implement comprehensive solutions to design and insure the safety of North Star children. Submitted by: North Star PTA, December 14, 2004. TITLE: Resolution No. FY2008 -29 Authorizing the Execution of a Supplemental Memorandum of Agreement and of a Lease With Providence Health System Alaska and Kodiak Island Health Care Foundation for the Kodiak Community Health Center. SUMMARY: The Kodiak Island Borough has been working with Providence and the Kodiak Island Health Care Foundation (KIHCF) to provide facility space for the Kodiak Community Health Center (KCHC). By means of a Memorandum of Agreement (MOU) originally executed in March 2004, KIB confirmed its support to this project. A Hospital Master Plan helped identify the needs of the KCHC and it determined that an additional building added to the Hospital facility was appropriate for the KCHC facility space. The KIHCF has raised grants and loans in the amount of $4, 532,310 including a matching grant of $125,000 from KIB to construct a new building that would be attached to the existing hospital facilities. The construction contract will be coming before the Assembly in the near future for approval. Prior to awarding the construction contract, it is appropriate to renew the MOU by means of a Supplemental Memorandum of Understanding (SMOU) which reflects the changes in the nature of the project since the MOU was originally executed. It is also appropriate to approve a lease which will be the "definitive agreement by the parties" with the term of the lease to begin on the date that a certificate of occupancy is issued for the new building. The essential terms and conditions of the attached lease is a twenty -five (25) year lease with an option to extend an additional twenty -five years upon mutual written agreement. The annual lease would be $120 per year which was negotiated based on the fact that the KIHCF has raised most of the funds to construct the building and has agreed through the lease to be responsible for all maintenance and repairs to the building during the lease. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING J RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -29. ITEM NO :13.B7 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -29 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Attorney Introduced: 02/21/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL MEMORANDUM OF AGREEMENT AND OF A LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA AND KODIAK ISLAND HEALTH CARE FOUNDATION FOR THE KODIAK COMMUNITY HEALTH CENTER WHEREAS, by means of a Memorandum of Agreement ( "MOU ") originally executed in March 2004 between the Kodiak Island Borough ( "KIB "), Kodiak Island Health Care Foundation ( "KIHCF ") and Providence Kodiak Island Medical Center ( "PKIMC "), the Kodiak Island Borough confirmed its support for providing facilities to be leased to the Kodiak Community Health Center ( "KCHC "); and WHEREAS, my mutual agreement, the term of the MOU has been extended so that it is to end at the earlier of (a) December 31, 2008 or (b) the execution of a definitive agreement by the parties; and WHEREAS, when the MOU was executed in March 2004, the parties anticipated that a portion of the building occupied by PKIMC would be improved and altered to accommodate the KCHC; and WHEREAS, since then, the KIHCF has acquired funding so that a new structure can be built on the real property leased by PKIMC from the KIB; and WHEREAS, this structure will be attached to the existing faciltiy; and WHEREAS, it is now appropriate to renew the MOU by means of a Supplemental Memorandum of Understanding ( "MOU ") which reflects the changes in the nature of the project since the MOU was originally executed; and WHEREAS, it is also appropriate to approve a lease which will be the "definitive agreement by the parties" with the term of this lease to begin on the date that a certificate of occupancy is issued for the new building. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The Manager is authorized to execute the attached Supplemental Memorandum of Understanding ( "MOU ") with Kodiak Island Health Care Foundation ( "KIHCF ") and Providence Kodiak Island Medical Center ( "PKIMC ") regarding facilities to be leased to the Kodiak Community Health Center ("KCHC"). Section 2: When a certificate of occupancy is issued for the new building the Manager is authorized to execute the attached Lease Agreement between Kodiak Island Borough ( "Landlord ") and Kodiak Island Health Care Foundation ( "Tenant ") and Providence Health System - Washington d /b /a Providence Health System in Alaska. Kodiak Island Borough, Alaska Resolution No, FY2008 -29 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -29 Page 2 of 2 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This agreement, effective the day of 2008, is between the Kodiak Island Borough ( "KIB "), Kodiak Island Health Care Foundation ( "KIHCF ") and Providence Kodiak Island Medical Center ( "PKIMC "). RECITALS In March 2004, the parties executed a Memorandum of Understanding ( "MOU ") regarding the Kodiak Community Health Center ( "KCHC "). By mutual agreement, the term of the MOU has been extended so that it is to end at the earlier of (a) December 31, 2008 or (b) the execution of a definitive agreement by the parties. A true and accurate copy of the MOU with its addenda is attached as Exhibit A. When the MOU was executed in March 2004, the parties anticipated that a portion of the building occupied by PKIMC would be improved and altered to accommodate the KCHC. Since then, the KIHCF has acquired funding so that a new structure can be built on the real property leased by PKIMC from the KIB. This structure (`the construction project ") will be attached to the existing building. Accordingly, the parties, by this Supplemental Memorandum of Understanding ( "SMOU "), intend to confirm and update the terms of their agreement. AGREEMENT For and in consideration of their respective promises, the parties agree as follows: 1. Except to the extent that specific sections of the MOU are modified by this document, the terms of the MOU are incorporated into this SMOU. 2. As owner of the existing physical improvements on the real property leased by PKIMC from the KIB, the KIB shall be the party to enter into architectural, engineering and construction contracts as approved by PKIMC and KIHCF. All contracts are subject to the KIB Code and all loans and /or grants obtained by or for KIHCF. 3. The current funding sources and amounts are: Construction Funding (Grant Funding) Denali Commission $1,802,347 Rasmuson $750,000 Murdock $250,000 KIB $125,000 Kodiak Foundation $30,000 Denali Com Design Phase $443,563 Denali ANTHC $125,000 Total Grant Funding $3,525,910 USDA Funding Loan $901,400 Grant $105,000 Total USDA $1,006,400 Total Grants /Loans $4,532,310 All parties acknowledge that these funding sources and the amounts appear secure. However, some of the sources will award funds only upon receipt of invoices or proof that an invoice has been paid by KIB. It is the KIB's expectation that it will be paid within 60 days of submitting the receipts or invoices. Therefore, in the unlikely event that any of the sources fails to pay within that 60 day period, the KIB reserves the right to take all appropriate action, which may include, by example and not limitation, reducing the scope of or canceling the construction project. 4. Upon completion of the physical improvements to the real property leased by PKIMC from the KIB which are intended to accommodate the KCHC, the parties will execute a Lease Agreement. The form of this agreement is attached as Exhibit B. This lease will be the "definitive agreement" mentioned in the MOU. The date of the completion of the physical improvements will be the date that the Kodiak building official issues a certificate of occupancy. 5. The contact people for the KIB are Woody Koning, Director, Engineering and Facilities Department and Rick Gifford, Kodiak Island Borough Manager. 6. The term of this SMOU (and of the MOU) will expire at the earlier of (a) December 31, 2009 or (b) the completion of the physical improvements to the real property leased by PKIMC from the KIB which are intended to accommodate the KCHC. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING Page 3 of 3 Providence Health System - Washington d /b /a Providence Kodiak Island Medical Center By: Date: ief Executive Kodiak Island Health Care Foundation By: Date: • Director .Kodiak Island Borough By: Manager Date: ATTEST: 2- ( L 1 7"l I F/ i � Borough Clerk Date: SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING Page 3 of 3 Definitions: ,i» Memorandum of Understanding between the Kodiak Island Borough (KIB), Kodiak Island Health Care Foundation ( KIHCF) and Providence Kodiak Island Medical Center (PKIMC) The purpose of the memorandum is to summarize the duties and responsibilities of all parties involved in leasehold improvements planned by Providence Kodiak Island Medical Center. The purpose of the leasehold improvements is to integrate the Kodiak Community Health Center into the existing hospital facility. Pursuant to a master facility site plan, the design could entail converting existing hospital administration and support areas back to patient care areas and will involve both rehabbing, converting and improving the hospital and Specialty Clinic spaces. Kodiak Island Borough (KIB): The owner of the hospital facilities. Kodiak Island Healthcare Foundation ( KIHCF): The agency responsible for the operations of the Kodiak Community Health Center and grant administrator of funds received from the Denali Commission and other granting agencies for the conceptual planning, design and construction of leasehold improvements at PKIMC to accommodate the KCHC within the hospital facilities. Providence Kodiak Island Medical Center (PKIMC): The organization leasing and operating the hospital facilities from KIB. Kodiak Community Health Center: A Federally Qualified Health Center supported by Section 330 funding. KCH provides primary care services with a focus on the uninsured and underinsured Denali Commission: An Alaskan granting agency providing one half of the architectural and engineering funds for conceptual planning and design and one half of the construction costs of the leasehold improvements. Alaska Native Tribal Health Consortium (ANTHC) An oversight agency contracted by the Denali Commission. They are responsible for grant fund distribution, environmental review and RFP process approval. They provide project reports to the Denali Commission. WITNESSETH Whereas, the KCHC through the KIHCF desires to lease space on hospital premises for the purpose of establishing a clinic and providing primary care services to an estimated medically underserved population of 4400 people. At full operations, KCHC will provide a full range of primary care services along with diagnostic laboratory services, preventive medical and dental services, patient care management, mental health services, substance abuse prevention, and health education and outreach. Whereas, PKIMC desires to sublease a portion of the hospital facilities for the operation of the KCHC and to provide leasehold improvements to accommodate the integration of the KCHC into the existing hospital facilities; C,200,71-1t NOW, THEREFORE, it is mutually agreed as follows: 1. As owner of the hospital facilities, KIB agrees to: a. Provide to PKIMC project design and construction management support to include managing the design contract process from solicitation award to management of the design contractor. b. Approve the leasehold improvements planned by PKIMC pursuant to Section 25.1 of the Lease Agreement (LA) between KIB and Providence Health System. i. Section 25.1: IMPROVEMENTS AND AL'T'ERATIONS: Providence shall make no alterations in, or additions or improvements to, the permanent structure of the Premises without first obtaining the written consent of KIB. Any additions and improvements made to the permanent structure of the Premises shall remain upon and be surrendered with such Premises as a part thereof at the expiration of the term of this Agreement, by lapse of time or as otherwise provided herein c. Provide to the extent possible and subject to Assembly approval funding for the project if project costs exceed funds received from Denali and other granting agencies. i. Approved funding to date: 1. Denali for A &E - $125,000 a. Matched by KIB - $125,000 2. Denali for one half the estimated construction costs - $1,250,000 a. Matched by KIB unless other funding sources are secured, contingent on Assembly approval and available funding. ii. Other potential funding sources (Project LOI has been accepted and request for full proposals received by KIHCF): 1. Rasmuson Foundation - $750,000 requested 2. M.J. Murdock Charitable Trust - $500,000 requested iii. The project scope may be reduced or modified depending on the final bid price and funding subject to Assembly approval. d. Grant approval for PKIMC to sublease a portion of the hospital facilities to the KIHCF pursuant to Section 40:1 of the Lease Agreement between KIB and Providence Health System. 1. Section 40.1: ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and may sublease the Hospital, in whole or in part, only with the prior consent of the KIB... 2. The KIHCF agrees to: a. Support PKIMC's leasehold improvement project by contributing grant funds and other revenue sources to PKIMC for the cost of the project. b. Apply to Rasmuson, Murdock and other granting agencies for grant funding of the project. c. Act as the grant administrator and comply with all the record keeping and reporting requirements as stipulated by Denali and/or ANTHC. d. Request funds from Denali or ANTHC as needed to pay for the costs incurred by PKIMC under both the design and construction phase of the project. e. Participate in the master planning, conceptual planning, design and construction phases of the project. 3. PKIMC agrees to: a. b. c. d. Enter into architectural, engineering and construction contracts as approved and agreed to by KIB and contingent upon design and construction funding by Denali, KIB and other granting agencies through the KIHCF. Participate in the A &E and contractor selection process as developed by KIB. Participate in the master planning, conceptual planning, design and construction phases of the project. Request funds from KIHCF and KIB as needed to pay for the costs incurred by PKIMC under both the design and construction phase of the project. i. The flow of funds are as follows: e. Give serious consideration to KCHC space and facility requirements during the planning process. f. Seek approval from KIB to sublease part the hospital facilities to the K.IHCF. g. Seek approval from KIB to improve and alter the hospital facilities. h. Remain cognizant of KIHCF and KCHC fiscal and operational condition and provide support and assistance as needed during the remaining lease term pursuant to the contract for any additional space occupied by KCHC in addition to the office space required under LA Section 33.1 Approvals: The transactions contemplated by this Letter of Intent are contingent upon all parties securing all necessary corporate, governmental and other approvals. All parties agree to comply with the following federal provisions to this project: a. 15 CFR 24, Uniform Admin Requirements for Grants /Cooperative Agreements to State and Local Governments wtivw.access.gpo.gov /nara /cfr /waisidx 99/I5cfr24 99.html (applies to local or tribal government) b. OMB Circular A -87, Cost Principals for State and Local Governments and Indian Tribal Governments www.whitehouse.gov/OMB/circulars/a087/a087-all.html (applies to local or tribal government) c. OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations www.whitehouse.gov/OMB/circulars/a133/al 33.html (applies to all agreements) d. 15 CFR, Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Nonprofit, and Commercial Organizations www. access.gpo.,gov /nara/cfr/waisidx 99/15cfrl4 99.html (applies to non - profits) e. OMB Circular A -122, Cost. Principles for Nonprofit Organizations www. whitehouse. gov/OMB/circulars/a122/a 1 22.html (applies to non- profits) Term: This Memorandum of Understanding will expire at the earlier of (a) December 31, 2004, or (b) the execution of the definitive agreement by the parties. Contact People: KIB - Bud Cassidy. Director, Engineering and Facilities Department and Pat Carlson, Kodiak Island Borough Manager KIHCF- Jimmy Ng, Director PKIMC - Don Rush, CEO and Stan Thompson Facilities Manager Kodiak Island Heal i ovidence Kodiak 1sYnd Medical Center Kodiak Island Borough ATTEST: Foundation udi Nielsen, Borough Clerk Date Signed: g4 a, a--- 2 Y Date Signed: / 2.-tvo ere Date Signed: 3 la. (0 LI ADDENDUM NO.1 TO MEMORANDUM OF UNDERSTANDING AGREEMENT This Addendum relates to the Memorandum of Understanding Agreement dated March 1, 2004, executed by the undersigned parties (the "Agreement "). The parties hereby agree as follows: 1. The Termination date of this Agreement shall be amended, so that the Memorandum of Understanding will expire at the earlier of (a) December 31, 2006, or (b) the execution of a definitive Agreement by the parties. This Addendum shall be effective as of January 1, 2005. Except as otherwise specifically provided herein, the terms of the Agreement shall remain in full force and effect. This Addendum shall be attached to and incorporated into the Agreement. Providence Health System — Washington d/b /a Providence Kodiak Island Medical Center Its Date ji / Kodiak Island Healthcare Foundation By Its 1 ir e c fu ^ Date if _ o 5 -- Kodiak Ls =::• Borou B Its Date phanc /Addendum MOU Kodiak ADDENDUM NO. 2 TO MEMORANDUM OF UNDERSTANDING AGREEMENT This addendum relates to the Memorandum of Understanding Agreement dated March 1, 2004 with an addendum to extend dated January 1, 2005, executed by the undersigned parties (the "Agreement "). The parties herby agree as follows: The Termination date of this Agreement shall be amended, so that the Memorandum of Understanding will expire at eh earlier of (a) December 31, 2008, or (b) the execution of definitive Agreement by the parties. This Addendum shall be effective as of January 1, 2007. Except as otherwise specifically provided herein, the terms of the Agreement shall remain in full force and effect. This Addendum shall be attached to and incorporated into the Agreement. Providence Health System Washington d/b /a Providence Kodiak Island Medical Center Date: Kodiak By: Date: By: Chief Exec v Officer Direc Kodiak Island Borough Date: 107ly .2 Health Care Foundation 4 LEASE AGREEMENT This Lease is by and between Kodiak Island Borough ( "Landlord ") and Kodiak Island Health Care Foundation ( "Tenant ") which is the sole owner and operator of the Kodiak Community Health Center (KCHC). Landlord owns certain property located at 1915 E. Rezanof Drive, Kodiak Alaska (the "Property "), which property has been leased to Providence Health System Alaska ( "Providence" and "the Providence Lease "). The legal description of the Property is: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. The Providence Lease anticipated that a portion of the Property would be leased to KCHC. Located on the Property is a medical office building of approximately 7357 useable square feet (the "Building "). Tenant desires to lease the Building from Landlord for medical, health care, or office purposes consistent with the terms and conditions of this Lease. Landlord, Providence and Tenant agree as follows: 1. Leased Premises. Landlord leases the Building and the portion of the Property as described on attached Exhibit A (the "Leased Premises ") to Tenant on the terms set forth in this Lease Agreement. 2. Lease Term. The term of this Lease shall be for twenty -five years, beginning , 200 and terminating , 20 ( "the Lease Term "). If the Lease Term shall commence on a day other than the first day of a calendar month, the term of the lease shall be measured from the first day of the month following the month in which the term commences, and Tenant shall pay a prorated monthly rental for the initial partial month. 3. Renewal Option. Provided that Tenant is not in default under this Lease Agreement, Tenant shall have the option to extend this Lease Agreement for one additional term of twenty -five years by providing Landlord with 180 days prior written notice. The extended term shall be on the same terms and conditions of this Lease Agreement, or as such terms and conditions are modified upon mutual written agreement of both parties, with monthly lease payments to be established by negotiation. 4. Rent. Tenant shall pay as rent for the Leased Premises during the initial term the nominal sum of $120 per year. The rent shall be paid in full to Landlord on or before the first day of the Lease Term, and shall be payable to Landlord at the address shown herein, or at such other place as Landlord may direct from time to time in writing. 5. Use of Leased Premises /Hazardous Waste. Tenant shall use the Leased Premises as a medical clinic or for any other medical, health care related or office purpose as it may deem necessary or appropriate. Tenant may not use the Leased Premises for any other purpose without the advance written consent of Landlord. Tenant shall be responsible to properly handle and arrange for the appropriate disposition of all hazardous wastes and materials in accordance with all applicable federal and state laws and regulations. Landlord represents and warrants that the Leased Premises are currently free from any hazardous waste and materials. The Leased Premises shall be operated by Tenant as a smoke -free facility. 6. Signs /Advertising. Tenant may display any sign, notice, picture or poster, or any advertising as it deems necessary or appropriate, provided such sign or advertising conforms to any applicable sign or advertising ordinance. Landlord shall not display any sign, notice, picture, poster, or advertisement on the Leased Premises without the prior written consent of Tenant and the consent of Providence or its successor in interest, if any. 7. Utilities. Tenant shall, at its expense, pay for all utilities furnished to the Leased Premises and for routine cleaning services during the term of this Lease. Landlord represents and warrants that all utilities necessary for the proper functioning of the Building, including but not limited to electricity, water, sewer, and septic, are currently in good condition and repair and available to Tenant at the Leased Premises. Landlord shall not be liable to Tenant in the event of and there shall be no abatement of rent by reason of, any interruption in any utility service to the Leased Premises. 8. Taxes. Tenant shall pay any taxes levied on any of its personal property and trade or other fixtures located at the Leased Premises, and any license, excise fees, and occupation taxes covering businesses conducted on the Leased Premises. Landlord shall pay all real property taxes and assessments payable on the Leased Premises. 9. Maintenance and Repair. Tenant shall, at its sole expense, maintain and keep in good condition and repair, consistent with all applicable state and local codes, the Leased Premises and Building including, without limitation, the foundation, exterior and interior walls, roof, and other structural portions of the Building and common areas, and shall maintain the electrical, plumbing, heating and ventilating equipment in the Building in good condition and repair. Tenant shall not commit waste of any kind on or about the Leased Premises and Tenant shall pay for all damage to the Building or Leased Premises, caused by misuse or neglect of the Leased Premises by Tenant or Tenant's employees, Lease Agreement - Kodiak Island Borough and KCHC Page 2 agents, or invitees. At the expiration of the term hereof, Tenant shall surrender the Leased Premises in good condition, normal wear and tear and damage by fire or other casualty excepted. 10. Alterations and Improvements. Tenant shall not make any alterations, additions, or improvements in or to the Leased Premises without the prior written consent of Landlord. Any alteration, addition, or improvement consented to by Landlord shall be made at Tenant's expense unless otherwise agreed. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liabilities and liens resulting therefrom. All alterations, additions, and improvements, which become attached to the Building (except trade fixtures, furniture, furnishings, and equipment) shall immediately become the property of Landlord without Landlord's obligation to pay therefor. Upon the removal of any trade fixtures, furniture or fixtures, and /or equipment, which become attached to the Building, Tenant shall restore the Leased Premises to the same condition that they were prior to the installation of such items. 11. Liability for Injury and Damage. Tenant shall indemnify and hold Landlord harmless from all loss, damage, liability and expense (including reasonable attorney's fees) relating to any actual or alleged injury to or death of any person or loss or damage to property caused by or resulting from any occurrences in the Building or on the Property, except to the extent caused by Landlord's negligence, intentional or willful act. 12. Insurance. Tenant shall, at Tenant's expense, be responsible to keep the Building, improvements, and any of Landlord's equipment located on the Leased Premises insured against loss or damage by fire or other casualty. Such insurance shall be maintained at not less than 90% of the fair market value of the Leased Premises. Annually, Landlord shall furnish Tenant and Providence, or its successor in interest, if any, with a copy of such policies or a certificate evidencing that such insurance is in effect. Tenant shall, at Tenant's expense, maintain comprehensive general liability insurance with an insurance company satisfactory to Landlord with minimum limits of $2,000,000 (per accident) for property damage and $2,000,000 (per person) and $2,000,000 (per accident or occurrence) for bodily injuries and death, to indemnify both Landlord and Tenant with respect to the items which Tenant has herein agreed to indemnify and hold Landlord harmless. Landlord reserves the right to increase the minimum limits based on changes in industry standards. Annually, Tenant shall furnish Landlord and Providence, or its successor in interest, if any, with a copy of such policies or a certificate evidencing that such insurance is in effect. 13. Liens and Encumbrances. Landlord and Tenant shall keep the Leased Premises free and clear of any liens and encumbrances including, without limitation, Lease Agreement - Kodiak Island Borough and KCHC Page 3 mechanic's and materialmen's liens, arising or growing out of the use and occupancy of the Leased Premises by Tenant or by any work performed by Landlord or Tenant on the Leased Premises. Except, Landlord consents to allow tenant to mortgage its interest in the real property and any improvements thereto to the United States, acting through Rural Housing Service to secure a USDA program loan(s) relating to tenants use and occupancy of the premises. It is understood that Rural Housing Service has the right to foreclose tenant's interest and transfer said interest to any third party for purposes not inconsistent with those set forth in the lease. Landlord agrees to give Rural Housing Service written notice of any default and 60 days to curse said default. 14. Eminent Domain. If the entire Leased Premises (or such portion that the remainder of the premise is not reasonably suitable for their intended purpose) shall be taken by any public or governmental authority under the power of Eminent Domain, the term of this Lease shall cease as of the date that possession is taken by such authority and the rental shall be paid up to that date. If only a part of the Leased Premises shall be taken and the remainder remains tenantable for the purposes for which Tenant has been using the Leased Premises then this Lease shall continue in effect, except that the rental shall be reduced in proportion to the amount of the floor area (in terms of square feet) of the Leased Premises taken, and Landlord at its expense, shall make all necessary repairs and alterations to the Leased Premises required by such taking. All damages awarded for such taking may be retained by Landlord, whether such damage is awarded as compensation for diminution in the value of the leasehold or in the fee of Leased Premises but Landlord shall not be entitled to any portion of the award made to Tenant. The term "Eminent Domain" as used herein shall include the exercise of any similar governmental power and any purchase or other acquisition in lieu thereof. 15. Fire and Other Casualty. Should the Leased Premises be damaged by fire or other casualty, the damage shall be repaired with due diligence by Tenant unless Providence, or its successor in interest, if any, is held responsible for the initiation of the fire or casualty. Tenant shall be solely responsible for repairing any damage or for filing any insurance claims relating to damage to Tenant's personal property or improvements made at Tenant's expense unless such damage is caused by the negligence of Landlord or the fire or casualty began in the facility operated by Providence, or its successor in interest. 16. Inspection. Landlord and its agents and Providence, or its successor in interest, if any, shall have the right to inspect the Leased Premises at all reasonable times and upon reasonable prior notice to enter the same whenever reasonably necessary to exercise any right or privilege of Landlord under this Lease. Lease Agreement - Kodiak Island Borough and KCHC Page 4 17. Waiver of Subrogation. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto. 18. Default and Insolvency. If Tenant fails to keep or perform any of the covenants or conditions of this Lease within ten (10) days after written notice of default (or fails to commence cure of said default within ten (10) days and fails in good faith to prosecute cure or correction of such default until completion) or if the leasehold shall be attached or levied on under execution, or if a receiver shall be appointed for Tenant's property or any part thereof, or if a petition of bankruptcy shall be filed by or against Tenant, or if Tenant shall be declared insolvent according to law or if any assignment of Tenant's property shall be made for the benefit of creditors, or otherwise, then, in any of said events, Landlord may, at Landlord's option, at once terminate this Lease, and upon termination of this Lease, at the option of Landlord, as aforesaid, or at the expiration or termination of this Lease by its term, Tenant shall at once surrender possession of the Leased Premises to Landlord and remove all Tenants effects therefrom, and, if such possession not be immediately surrendered, Landlord may enter into and upon the Leased Premises and repossess them and expel Tenant or those claiming under Tenant and remove the effects of any of them, and lock the Leased Premises without being deemed guilty in any manner of trespass and without prejudice to any other remedies. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy given hereunder for now or hereafter existing at law or in equity or statute. If Landlord is in default of any of its obligations under this Lease, Tenant shall have all available remedies under law including, without limitation, the right to cancel and terminate this Lease upon thirty (30) days prior written notice provided Landlord shall have.the opportunity to cure any such default within such 30 -day period. 19. Holding Over. In the event Tenant remains in possession of the Leased Premises after the expiration of this Lease, Tenant shall be deemed to be occupying the Leased Premises as a Tenant from month to month subject to all of the conditions, provisions and obligations of this Lease insofar as they may be applicable to such month to month tenancy. Further, the Landlord shall have the option of increasing the monthly rental to 1.15 times the rent payable for the Leased Premises for the months after such expiration. 20. Assignment. Neither party may assign this Lease or any interest in this Lease without the prior written consent of the other party and the written consent of Providence, or its successor in interest. Notwithstanding the above, Tenant may sublet portions of the Leased Premises without the consent of Landlord provided such subtenants consent in writing to comply with applicable provisions of this Lease. Lease Agreement - Kodiak Island Borough and KCHC Page 5 21. Parking and Common Area Matters. All issues regarding parking, access to the other buildings on the Property and related housekeeping issues are to be resolved by and between Providence and Tenant. 22. Entire Agreement. This Lease contains the entire agreement of Landlord and Tenant. There are no promises, terms, conditions, or obligations other than those contained herein; and this Lease shall supersede all previous communications, representations or agreements, either verbal or written between the parties hereto. This Lease may be modified only by a written agreement executed by both Landlord and Tenant. 23. Parties Affected. Except as otherwise provided by the terms of this Lease, the rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and assigns of the parties hereto. 24. Action or Suit. If any suit or action is instituted by either party for the enforcement of any covenant contained in this Lease, the prevailing party shall recover all costs and attorney's fees as the court may judge reasonable to be allowed in such suit or action or any appeal thereon. 25. Notices. Any notice shall be sufficient if in writing and deposited in the United States mail either registered or certified, postage prepaid, or personally delivered to the addresses listed below: Landlord: Manager, Kodiak Island Borough 711 Mill Bay Road Kodiak, Alaska 99615 Tenant: Notices so mailed out will be deemed to have been given forty -eight (48) hours after the deposit of such notice in any United States Post Office mailbox. The above addresses may be changed in the manner provided in this paragraph for giving notice. 26. Authority. If either Landlord or Tenant is a corporation or partnership, each individual executing this Lease on behalf of said corporation or partnership represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership and that this Lease is binding upon said corporation or Lease Agreement - Kodiak Island Borough and KCHC Page 6 partnership. The individuals signing on behalf of Landlord further warrant and represent that they are authorized to act on behalf of Landlord in all matters relating to this Lease. 27. Quiet Enjoyment. So long as Tenant is not in default, Tenant shall have the right of quiet enjoyment of the Leased Premises without disturbance by Landlord or by any person having title paramount to Landlord's or by any person claiming under Landlord, subject to the other terms and provisions of this Lease. 28. Priority of Tenant's Interest. This Lease is and shall be prior to any encumbrance hereafter recorded affecting the Leased Premises. If, however, the holder of any encumbrance requires that this Lease be subordinate to said encumbrance, Landlord shall obtain a written agreement from the holder of such encumbrance stating that, so long as Tenant is not in default, no foreclosure of, or sale pursuant to the encumbrance, and no steps taken pursuant to the encumbrance, shall affect Tenant's rights under this Lease. 29. Memorandum of Lease. Upon request by Tenant or Landlord, a memorandum of this Lease shall be recorded evidencing the commencement date, expiration date, renewal options, Tenant's option to purchase and Tenant's right of first refusal. 30. Commissions. The parties warrant and represent to each other that no broker's commission is payable as a result of this Lease. 31. Other Tenants. Upon the Commencement Date of this Lease, Landlord shall transfer possession of the Leased Premises to Tenant free and clear of any other tenants or third parties in possession, except as otherwise agreed to in writing by Tenant. 32. Tenant's Responsibility For Contamination By Hazardous Substances. (a) For purposes of this Agreement, the phrase "Hazardous Materials" shall refer to and include: (i) any and all substances defined as "hazardous substances ", "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC Section 9601, et. seq.), the Hazardous Materials Transportation Act (49 USC Section 1801, et. seq.), and the Resource Conservation and Recovery Act (42 USC Section 6901, et. seq.); (ii) any and all substances which now or in the future are deemed to be pollutants, toxic materials or hazardous materials under any other state or federal law. (b) Tenant shall at all times during the Lease Term use, sell, store, transport, dispose or and treat hazardous materials in strict accordance with all applicable federal, state and local laws and regulations (collectively referred to for the remainder of this Paragraph 32 as the "Laws "). If, during the Lease Term, there occurs upon the Lease Agreement - Kodiak Island Borough and KCHC Page 7 Leased Premises any release, spill, leak, or discharge or hazardous materials which is in violation of any of the Laws and is caused by any activity or activities of Tenant or with respect to the Leased Premises, then Tenant shall be obligated to cause and complete the repair, cleanup, detoxification and /or decontamination of the Leased Premises and the preparation and implementation of any closure, remedial action or other required plan or plans in connection therewith, all as required by the Laws. (c) Tenant shall indemnify, defend, protect and hold harmless Landlord and each of Landlord's partners, employees, agents, successors and assigns (collectively referred to for the remainder of this Paragraph 32 as "Landlord ")), from and against any and all criminal and civil claims and causes of action (including but not limited to claims resulting from, or causes of action (including but not limited to claims resulting from, or causes of action incurred in connection with, the death of or injury to any person, or damage to any property), liabilities (including but not limited to liabilities arising by reason of actions taken by any governmental agency), penalties, forfeitures, prosecutions, losses and expenses (including reasonable attorney fees) which directly or indirectly arise from or are caused by either the presence in, on or about the Leased Premises or any improvements located thereon of any hazardous materials, or the use, sale, storage, transportation, disposal, release, threatened release, discharge or generation of hazardous materials to, in, on, under, about or from the Leased premises or any improvements located thereon. Tenant's obligations under this subparagraph 32(c) shall include, but not be limited to, the obligation to bear the expense of any and all costs, whether foreseeable or unforeseeable, of any necessary (as required by the Laws) repair, cleanup, detoxification or decontamination of all or any portion of the Leased Premises (or any improvements located thereon), and the preparation and implementation of any closure, remedial action or other required plan or plans in connection therewith. Notwithstanding the preceding provisions of this subparagraph 32(c), Tenant shall have no obligation to indemnify, defend, protect and/or hold harmless Landlord with respect to any release, spill, leak or discharge of hazardous materials on the Leased Premises which results solely from the negligence or intentional misconduct of Landlord or from activities on or around the Leased Premises before the Lease Term or after the Lease Term. (d) Notwithstanding any other provision of this Agreement, the obligation of Tenant pursuant to this Paragraph 32 shall remain in full force and effect after the termination of the Lease Term and until the expiration of the latest period stated in any applicable statute of limitations during which a claim, cause of action or prosecution relating to the matters described herein may be brought, and until payment in full or satisfaction of any and all losses, claims, causes of action, damages, liabilities, charges, costs and expenses for which Tenant is liable hereunder shall. have been accomplished. (e) For purposes of this Paragraph 32, any acts or omissions of or by any one or more employees, agents, assignees, sublessees, franchisees, licensees, permitees, customers, patients, contractors, successors -in- interest or other persons Lease Agreement - Kodiak Island Borough and KCHC Page 8 permitted by Tenant (whether or not the actions of such persons are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. Consent EXECUTED by the parties on the dates indicated below. LANDLORD: KODIAK ISLAND BOROUGH By: Its: Date: realprop /LeaseAgmt4 TENANT: Lease Agreement - Kodiak Island Borough and KCHC Page 9 By: Its: Date: This agreement has been reviewed and its terms are acceptable to Providence Health Systems Alaska. By: Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive Date: Ora., w It r it t Er SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. This ordinance was requested by Assembly member Branson. Different sections of the Kodiak Island Borough Code for declaration of vacancies for service area boards and other boards, committees, and commissions are inconsistent with one another. The intent of this ordinance is to clarify and amend these inconsistencies to the extent possible reflecting the just adopted Ordinance No. FY2008 -12 for declaring Assembly member seats vacant. This ordinance also corrects Section 2.43.020, Parks and Recreation Committee vacancies should refer to KIBC 2.39.070 instead of KIBC 2.39.070. APPROVAL FOR AGENDA: ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -15 in first reading to advance to public hearing on March 6, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -15 Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Assembly Member Branson Introduced: 02/21/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES SECTIONS 2.39.070 DECLARING AND FILLING VACANCIES IN TITLE 2; SECTION 4.15.040 VACANCIES IN TITLE 4; SECTION 2.43.020 APPOINTMENT, TERMS, AND PROCEDURES IN TITLE 2 WHEREAS, different sections of the Kodiak Island Borough Code for declaring vacancies for the Assembly, service area boards, and other boards, committees and commissions are not consistent with one another; and WHEREAS, it is in the best interest of the Kodiak Island Borough to clarify and amend these different sections to reflect Alaska Statutes 29.20.170 to the extent possible; and WHEREAS, AS provision numbers 6 and 7 deal with election matters and do not apply to the boards, committees, and commissions in Title 2 and some service areas under Title 4 and are therefore deleted; and WHEREAS, board, committee, and commission members are appointed and their terms start January 1 to December 31 therefore KIBC 2.39.070(B) has been changed accordingly; and WHEREAS, Parks and Recreation Committee should be changed to follow the vacancy procedures in KIB 2.39.070 instead of KIBC 2.16.060 (Assembly vacancy procedure); 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 2.39 Boards, Committees, and Commissions, Section 2.39.070 Declaring and Filling Vacancies is amended to read: 2.39.070 Vacancies. A. A vacancy, othor than by oxpiration of the mombor'c torm, is croatod when the soot is (00) dayc; 5. tho mombor dioc; Kodiak Island Borough Ordinance No. FY2008 -15 Page 1 of 4 A. Other than by expiration of the member's term, the Assembly shall declare a seat vacant when a member: 1. is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. resigns and the resignation is accepted; 3. is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission; 4. is convicted of a felony or of an offense involving a violation of the oath of office; person- elected; 5. - - - • " - - - - . - , no longer physically resides in the municipality and the board, committee, or commission by two- thirds vote declares the seat vacant; this paragraph does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140 (a); or 6. misses three consecutive held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one -half (1/2) of the meetings held in any year of his or her term office, each year between January 1 and December 31, the seat shall be automatically vacated. BC. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term "reasonable cause" shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial Toss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. 6D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, 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. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with section 2.39.030 of this chapter. Section 3: Title 4 Service Areas, Chapter 4.15 Service Area Boards, Section 4.15.040 Vacancies is hereby amended as follows: 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: days- srmere; Kodiak Island Borough Ordinance No. FY2008 -15 Page 2 of 4 1. fails to qualify or take office within 30 days after election or appointment; 2. is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 3. resigns and the resignation is accepted; 4. is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board; 5. is convicted of a felony or of an offense involving a violation of the oath of office; 6. no longer physically resides in the municipality and the board, committee, or commission by two- thirds vote declares the seat vacant; this paragraph does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140 (a); or 7. if a member of the board, committee, or commission misses three consecutive held regular meetings and is not excused. B. If a member of the board, committee, or commission misses one -half (1/2) of the meetings held in any year of his or her term office, each year between November 1 and October 31, the seat shall be automatically vacated. BC.The service area board shall notify the clerk of a vacancy on the board. 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. OD.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. OE.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. Section 4: Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions, Section 2.43.020 Appointment, terms, and procedures is amended to read: 2.43.020 Appointment, terms, and procedures. Members of the committee shall be appointed by the mayor subject to confirmation by the assembly. Members shall serve three (3) year terms except that of the initial nine (9) members, three (3) shall be appointed for three (3) year terms, three (3) for two (2) year terms and three (3) for one (1) year terms. The committee shall designate its chair and other officers as provided in bylaws approved by the assembly. No additions or changes may be made in the bylaws unless specifically approved by the assembly. Meetings shall be public except that executive sessions may be held in accordance with subsection 2.17.030(E) of this title. The committee shall meet at least quarterly at times and places designated by the chair, but meetings need not be held if no business is pending. The chair or a majority of the committee may call a special meeting. The committee shall give reasonable public notice of its meetings. Vacancies occur and are filled as provided in section 2.16.060 2.39.070 of this title . Kodiak Island Borough Ordinance No. FY2008 -15 Page 3 of 4 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 -15 Page 4 of 4 ASSEMBLY 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. fails to qualify or take office within 30 days after election or appointment; 2. is physically absent from the municipality for 90 consecutive days unless excused by the governing body; 3. resigns and the resignation is accepted; 4. is physically or mentally unable to perform the duties of office as determined by two - thirds vote of the governing body; 5. is convicted of a felony or of an offense involving a violation of the oath of office; 6. is convicted of a felony or misdemeanor described in AS 15.56 and two - thirds of the members of the governing body concur in expelling the person elected; 7. is convicted of a violation of AS 15.13; 8. no longer physically resides in the municipality and the governing body by two - thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140 (a); or 9. if a member of the governing body, misses three consecutive held regular meetings and is not excused. B. If a member of the governing body misses one -half (1/2) of the meetings held in any year of his or her term office, each year between November 1 and October 31, the seat shall be automatically vacated. TITLE 2 — BOARDS, COMMITTEES, AND COMMISSIONS 2.39.070 Vacancies. A. A vacancy, other than by expiration of the member's term, is created when the seat is declared vacant by the assembly for one or more of the following reasons: 1. the member leaves the borough with the intent of remaining absent more than ninety (90) days; 2. the member fails to attend four (4) consecutive regularly scheduled meetings; 3. the member fails to attend, without excuse, at least eighty percent (80 %) of the regularly scheduled meetings within any calendar year; 4. the member submits a resignation in writing which is presented to the board, committee, or commission and accepted by the Assembly; 5. the member dies; 6. the member fails to accept the appointment within thirty (30) days of the appointment; or 7. the member fails to qualify in accordance with section 2.39.040 of this chapter at any time during the appointment. B. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term "reasonable cause" shall mean: 1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or 2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission. C. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, 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. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with section 2.39.030 of this chapter. (Ord. 02 -16 §5, 2002;Ord. 02 -09 §3 (part), 2002; Ord. 98 -02 §8(part), 1998; Ord. 87 -29 -0 §3 (part), 1987 ). TITLE 4 — SERVICE AREA BOARDS 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: 1. an elected candidate fails to qualify and assume the duties of the office within thirty (30) days of certification of the election; 2. a member departs the borough intending to remain outside the borough for ninety (90) days or more; 3. a member submits a resignation accepted by the assembly; 4. a member, due to incapacity or absence from the borough, cannot attend board meetings for ninety (90) days or more; 5. a member is absent from three (3) consecutive regular board meetings without the board excusing any such absence; or 6. a member ceases to be qualified under section 4.15.020 of this chapter. B. The service area board shall notify the clerk of a vacancy on the board. 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. (Ord. 80 -29 -0 ' 1(part), 1980; Ord. 91 -04 2, 1991). 2.43.020 Appointment, terms, and procedures. Members of the committee shall be appointed by the mayor subject to confirmation by the assembly. Members shall serve three (3) year terms except that of the initial nine (9) members, three (3) shall be appointed for three (3) year terms, three (3) for two (2) year terms and three (3) for one (1) year terms. The committee shall designate its chair and other officers as provided in bylaws approved by the assembly. No additions or changes may be made in the bylaws unless specifically approved by the assembly. Meetings shall be public except that executive sessions may be held in accordance with subsection 2.17.030(E) of this title. The committee shall meet at least quarterly at times and places designated by the chair, but meetings need not be held if no business is pending. The chair or a majority of the committee may call a special meeting. The committee shall give reasonable public notice of its meetings. Vacancies occur and are filled as provided in section 2,1-67060-2.39.070 of this title (Ord. 03 -07 §3(part), 2003; Ord. 98 -02 §8 (part), 1998; Ord. 85 -26 -0 §1(part), 1985; Ord. 85 -2 -0 (part), 1985; Ord. 82 -36) §1(part), 1982). ALASKA STATUTES Sec. 29.20.170. Vacancies. The governing body may provide by ordinance the manner in which a vacancy occurs in any elected office except the office of mayor or school board member. Unless otherwise provided by ordinance, the governing body shall declare an elective office, other than the office of mayor or school board member, vacant when the person elected TITLE: Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. SUMMARY: There has been a misinterpretation in the past that public hearing notices need not be sent if the location for a new license remains the same. This ordinance will clarify KIBC section 5.01.030, based on attorney's review, that a transfer from one person to another of a liquor license is considered a request for a new liquor license and should follow procedures stated in this section of the code. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to March 6, 2008. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO :13.C.2 dopt Ordinance No. FY2008 -16 to public hearing on KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -16 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Clerk Introduced: 02/21/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS CHAPTER 5.01 LIQUOR LICENSES SECTION 5.01.030 NEW LICENSE AND TRANSFER PROCEDURE WHEREAS, this ordinance will clarify KIBC section 5.01.030 based on attorney's review that a transfer from one person to another of a liquor license is considered a request for a new liquor license; and 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 5 Business Licenses and Regulations, Chapter 5.01 Liquor Licenses, Section 5.01.030 New License and Transfer Procedure is hereby amended as follows: 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, is considered a request for a new liquor license. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Kodiak Island Borough Ordinance No. FY2008 -16 Page 1 of 2 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 -16 Page 2 of 2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -16 Introduced by: Borough Assembly Requested by: Borough Assembly Drafted by: Borough Clerk Introduced: 02/21/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 5 BUSINESS LICENSES AND REGULAT IONS CHAPTER 5.01 LIQUOR LICENSES SECTION 5.01.030 NEW LICENSE AND TRANSFER PROCEDURE WHEREAS, this ordinance will clarify KIBC section 5.01.030 based on attorney's review that a transfer from one person to another of a liquor license is considered a request for a new liquor license; and 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 5 Business Licenses and Regulations, Chapter 5.01 Liquor Licenses, Section 5.01.030 New License and Transfer Procedure is hereby amended as follows: 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. the clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Kodiak Island Borough Ordinance No. FY2008 -16 Page 1 of 2 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 -16 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO:13.C.3 TITLE: Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. SUMMARY: Current Borough code is clear when the regular term of office begins for an elected Mayor; however, it does not address the elected Assembly members. This ordinance is proposed to make the code sections consistent for the Mayor and Assembly members. Section 2.16.050 current wording is too restrictive by not allowing newly elected Assembly members to take their oath outside of the first regular meeting date following each borough election. APPROVAL FOR AGENDA: % /K Off' RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -17 in first reading to advance to public hearing on March 6, 2008. ALASKA STATUTES Sec. 29.20.150. Term of office. (a) A member of the governing body is elected for a three -year term and until a successor qualifies, unless a different term not exceeding four years is prescribed by home rule charter or ordinance. (b) Except when otherwise required by a change in composition or apportionment, if the term of a member of a governing body is changed by charter or ordinance the term of the member holding office when the change becomes effective is not affected. (c) The regular term of office begins on the first Monday following certification of the election, unless a different date is prescribed by charter or ordinance. (d) This section applies to home rule and general law municipalities. OATH OF OFFICE Sec. 29.20.600. Oaths of office. Before taking office a municipal official shall affirm in writing that the duties of the office will be honestly, faithfully, and impartially performed by the official. The oath is filed with the municipal clerk. WASILLA 2.16.040 Election and term of office of mayor. The mayor shall be elected at -large for a term of three years. The qualified candidate succeeds to the office of mayor on the first Monday following the certification of the election and upon taking an oath of office. No person may serve as mayor for more than two consecutive, full terms without a break in service of at least one full year. (Prior code § 2.16.030) 2.04.030 Terms. A council member's term shall be three years. A qualified candidate succeeds to the candidate's elected office at the next regular council meeting following the certification of election and upon taking an oath of office. No person shall serve on the council for more than two consecutive, full terms without a break in service for at least one full year. KENAI 22.30.030. Terms of office. A. The full term of office for assembly members is 3 years. B. The regular term of office for an assembly member begins on the first Monday following the certification of that member's election by assembly resolution and of the member's swearing in. MATSU 2.12.020TERM OF OFFICE. The assembly members' term shall be three years. The qualified candidate succeeds to the candidate's elected office upon the certification of the election and acceptance of the oath of office. No person shall serve on the assembly for more than two consecutive, full terms. JUNEAU The term of office of the mayor and other assemblymembers shall be three years and shall begin immediately following certification of the election at which they were elected. CITY OF FAIRBANKS Sec. 2 -61. Term; salary. The mayor's term shall be deemed to run from the mayor shall be established in the budget. Sec. 2 -86. Term; salary. (a) The term of office of councilmembers shall the first Monday after his election. The salary of begin with the first Monday after election. FAIRBANKS NORTHSTAR BOROUGH 2.12.240Terms of office. A.The term of office for the borough mayor and assemblyperson is three years or until a successor is elected and qualified. Service is to begin on the first Monday following certification of the election. No person who has been elected as borough mayor or assemblyperson for two full successive terms shall be again eligible to hold that office until one full year has intervened. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -17 Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 02/21/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.020 QUALIFICATION AND ELECTION OF BOROUGH MAYOR AND CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.020 TERM, SECTION 2.16.050 OATH DEPUTY PRESIDING OFFICER AND CREATING SECTION 2.16.030 ASSEMBLY OATH OF OFFICE WHEREAS, current Borough Code is clear when the regular term of office begins for an elected Mayor; however, it does not address the elected Assembly members; and WHEREAS, this ordinance is to make the code sections consistent for the Mayor and Assembly members; and WHEREAS, this ordinance also addresses that oath of office must be taken before taking office and revises the Assembly section to make it consistent with the Mayor's oath of office section per Alaska Statutes; 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: Section 2.15.020 of the Kodiak Island Code of Ordinance is amended to read as follows: 2.15.020 Qualification and election of borough mayor. A. A qualified borough voter who, at the time of election or appointment to fill a vacancy, has resided within the borough at least one (1) year immediately preceding the date of election or appointment is eligible to be borough mayor. B. The mayor is elected at -large by the qualified voters of the borough. The mayor's regular term of office is three (3) years and until a successor is elected and has qualified.,and C. The mayor's regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. CD.The mayor may not hold a position as assembly member or borough employee, except as provided by statutes. Kodiak Island Borough Ordinance No. FY2008 -17 Page 1 of 3 2.15.030 Oath of office. Before taking the office of borough mayor, the mayor shall affirm in writing that the duties of the mayor will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. Section 3: Chapter 2.16, Sections 2.16.020 and 2.16.050 are hereby amended and Section 2.16.030 is hereby created as follows: Sections: Chapter 2.16 BOROUGH ASSEMBLY 2.16.005 Legislative powers. 2.16.010 Composition. 2.16.020 Term. 2.16.030 Assembly oath of office. 2.16.050 Oath- Deputy presiding officer. 2.16.060 Declaring and filling vacancies. 2.16.070 Absences. 2.16.150 Ordinance Form. 2.16.160 Ordinance Adoption. 2.16.170 Resolution Form. 2.16.180 Resolution Adoption. 2.16.190 Journal of proceedings. 2.16.200 Retention, disposal, and microfilming of public records. 2.16.020 Term. The term of an assembly member is three (3) years or until a successor is selected and qualified. The regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. 2.16.030 Assembly oath of office. Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 2.16.050 Oath- Deputy presiding officer. &-The assembly shall elect from among its members a deputy presiding officer, as specified in subsection 2.17.040(A) of this title, to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the "chair," the member retains all privileges otherwise held as a member of the assembly. Kodiak Island Borough Ordinance No. FY2008 -17 Page 2 of 3 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 -17 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM NO:13.C.4 TITLE: Ordinance No. FY2008 -01C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. SUMMARY: This ordinance: • Increases the Borough's general fund revenues and expenditures by $20,000 for a pass through grant from the State of Alaska to the Village of Karluk. • Increases the MIS department budget by $30,000 to provide electronic tablets (laptop computers) to the Borough Assembly. • Adds $5,500 to the budget for North Star School lighting. • Budgets a contribution of $110,331 to fulfill the matching requirements of the Federal North Star Trails Grant ($1,221,831). • Moves $27,640 in excess funding for building insurance back to the Facilities Fund. • Establishes a project for the Peterson Elementary School seismic project and the State grant that funds it. • Provides $50,000 for preliminary work on the High School Gym seismic project. • This ordinance establishes the Kodiak Middle School (KMS) Seismic Upgrade, Phase II project and budgets $2,700,000 to complete the budget. • This ordinance establishes the Ouzinkie Sprinkler System and budgets $330,000 to complete the project. • This ordinance establishes the Ouzinkie Generator Replacement and budgets $88,000 to complete the project. • This ordinance increases the budget for anticipated interest earnings to $3,633,918. • Transfers $390,000 from the Hospital Enterprise fund to Fund 495, Hospital Capital Projects. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -01C in first reading to advance to public hearing on March 6, 2008. CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. 2008 -01C Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 02/21/2008 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2008-01 FISCAL YEAR 2008 BUDGET BY MOVING MONEY BETWEEN FUNDS, AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL EXPENDITURES AND BUDGETING FOR SEVERAL GRANTS WHEREAS, the temporary fiscal relief payment to Karluk went through the Borough, and WHEREAS, the Assembly has decided to use electronic tablets (notebook computers) and there are sufficient reserves in the General Fund Balance to pay for a new system, and WHEREAS, the Assembly wants to donate funding to the North Star School PTA to provide lighting on the roads to North Star School; and WHEREAS, the Federal Government has budgeted $1,221,831 to spend on trails to North Star Elementary that requires a local match of $110,331; and WHEREAS, property insurance on Borough and School buildings was $27,640 Tess than budgeted; and WHEREAS, the Borough has applied for and is expected to receive a grant for the Peterson Elementary School Seismic Upgrade project; and WHEREAS, preliminary work is being done on the High School Gym Seismic Project; and WHEREAS, an additional $64,932 is need to complete the Ouzinkie gym renovation; and WHEREAS, the Kodiak Middle School (KMS) Seismic Upgrade, Phase II project will need $2,700,000 in funding; and WHEREAS, the Ouzinkie Sprinkler System will require $330,000; and WHEREAS, the Ouzinkie Generator Replacement will require $88,000; and WHEREAS, Fund 420 — GO Bond Projects should realize more than $3,500,000 in interest earnings; and WHEREAS, there are now sufficient funds in the Hospital Enterprise Fund (540) to transfer the remaining $390,000 to Project 03112 (hospital access and parking); and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 1 of 8 CORRECTED VERSION Section 1: This ordinance is not of general application and shall not be codified. Section 2: The FY2008 budget will be amended per the attached schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 2 of 8 CORRECTED VERSION Fund 100 General Fund Revenues: Property Tax • 8,773,010 8,764,124 8,886 - 100% 8,773,010 Boat & Motor Vehicle Tax 276,450 140,167 136,283 ' 51% 276,450 Payment in Lieu of Taxes • 814,000 12,501 801,499 • 2% 814,000 Severance Taxes ▪ 1,270,530 650,628 619,902 ' 51% 1,270,530 Penalties & Int on tax 175,000 141,485 33,515 ' 81% 175,000 Licenses and Permits 91,500 46,627 44,873 r 51% 91,500 Federal Shared Revenue ▪ 350,075 350,075 • 0% 350,075 Temporary Fiscal Relief • 571,286 591,286 (20,000) ' 104% 20,000 591,286 Raw Fish Tax • 950,000 ' 1,040,748 (90,748) ' 110% 950,000 Raw Fish Tax - Offshore 2,000 2,000 ' 0% 2,000 Other State Revenue 26,000 26,000 ' 0% 26,000 Fines 1,000 730 270 ' 73% 1,000 Interest Earnings • 400,000 311,874 88,126 ' 78% 400,000 Iscellaneous 54,200 15,334 38,866 ' 28% 140,331 194,531 Use of Fund Balance 972,335 972,335 • 0% 5,500 977,835 Sale of Fixed Assets Transfer In Total ' 14,727,386 11,715,504 3,011,882 ' 80% ' 165,831 14,893,217 Expenditures: Borough Assembly Borough Manager Borough Clerk Borough Attorney Finance Department Management Information Services Assessing Department Engineering/ Facilities Dept Community Development Building Official Economic Development General Administration Emergency Preparedness School District Support Health and Sanitation Animal Control Culture and Recreation Colledge and Libraries Transfers Out Total Fund 205 Child Care Assistance Program Revenue Expenditures Fund 210 Land Sales Revenue Expenditures Fund 220 Buildings and Grounds Revenues Revenues Transfers in Use of Fund Balance Total Revenues Expenditures Borough Building M-1C Apartments School Buildings Parks Total Expenditures . . • 7 • • • • 7 FY2008Amrnended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget 180,910 79,060 101,850 ' 44% 180,910 373,985 155,454 218,531 • 42% 373,985 398,510 213,239 185,271 • 54% 398,510 130,000 73,352 56,648 r 56% 130,000 699,788 380,468 319,320 • 54% 699,788 531,420 207,326 324,094 r 39% 30,000 561,420 436,364 242,990 193,374 ' 56% 436,364 111,432 59,419 52,013 ' 53% 111,432 775,170 363,691 411,479 ' 47% 775,170 132,765 40,298 92,467 ' 30% 132,765 75,000 21,500 53,500 ' 29% 75,000 324,170 127,934 196,236 - 39% 324,170 8,800 4,472 4,328 ' 51% 8,800 9,662,622 5,935,444 3,727,178 ' 61% 9,662,622 232,720 ' 232,699 21 • 100% 232,720 72,380 36,190 36,190 ' 50% 72,380 81,900 87,166 (5,266) ' 106% • 135,831 217,731 93,000 12,000 81,000 r 13% 93,000 406,450 6,450 400,000 • 2% 406,450 14,727,386 8,279,152 6,448,234 • 56% ' 165,831 14,893,217 77,000 41,312 35,688 • 54% 77,000 77,000 53,664 23,336 • 70% 77,000 96,700 33,549 63,151 ' 35% 96,700 96,700 15,033 81,667 ' 16% 96,700 449,810 ' 260,518 189,292 r 58% 449,810 220,000 220,000 - ' 100% - (27,640) 192,360 121,400 - 121,400 • 0% 121,400 791,210 480,518 310,692 • 61% (27,640) 763,570 406,610 167,384 239,226 - • 41% (194) 406,416 11,000 3,285 7,715 - 30% 11,000 347,000 196,770 150,230 ' 57% (27,446) 319,554 26,600 6,213 20,387 ' 23% 26,600 791,210 373,652 417,558 • 47% (27,640) 763,570 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 3 of 8 CORRECTED VERSION FY2008Anvnended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget Fund 230 Coastal Management Revenues 24,000 2,931 21,069 12% 24,000 Expenditures _ CMG Regular 24,000 5,611 18,389 23% 24,000 Total Expenditures 24,000 5,611 18,389 23% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 2,214 15,586 12% 17,800 E.O.P. Grant _ 0% - Revenues 17,800 2,214 15,586 12% 17,800 Expenditures _ Expenditures -LEPC 17,800 5,188 12,612 29% 17,800 Expenditures -FEMA grant 111 (111) 0% - Total Expenditures 17,800 5,299 12,501 30% 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 139,689 (14,157) 111% 125,532 Expenditures 125,532 63,038 62,494 50% 125,532 Fund 242 Service District No. 1 Revenues 220,000 240,774 (20,774) 109% 220,000 Expenditures 220,000 26,982 193,018 12% 220,000 Fund 243 Service Area No. 2 Revenues 224 (224) Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 46,168 (2,993) 107% 43,175 Expenditures 43,175 48,196 (5,021) 112% 43,175 Fund 246 Bay Yew Road Service Area Revenues 5,700 6,770 (1,070) 119% 5,700 Expenditures 5,700 4,951 749 87% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 426,500 426,460 40 100% 426,500 Expenditures 426,500 198,753 227,747 47% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 97,582 (4,572) 105% 93,010 Expenditures 93,010 33,745 59,265 36% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 14,303 (73) 101% 14,230 Expenditures 14,230 12,813 1,417 90% 14,230 Fund 260 woodland Acres Street Lights Revenues 6,000 389 5,611 6% 6,000 Expenditures 6,000 2,829 3,171 47% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,939 (139) 104% 3,800 Expenditures 3,800 992 2,808 26% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,775 (725) 124% 3,050 Expenditures 3,050 295 2,755 10% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 37,086 2,794 93% 39,880 Expenditures 39,880 7,863 32,017 ' 20% 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 34,339 35,121 ' 49% 69,460 Expenditures 69,460 39,915 29,545 ' 57% 69,460 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 4 of 8 CORRECTED VERSION Fund 276 Facilities Fund Revenues FY2008 Amrnended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget 2,000,000 1,213,899 786,101 61% 2,000,000 Expenditures/Transfers Out: Building Insurance 220,000 220,000 100% (27,640) 192,360 Debt Service 922,250 922,250 100% 922,250 Capital Projects Fund 410 700,000 700,000 100% 700,000 Capital Projects Fund 430 - 0% Contingencies 0% - Contengencies - inflation proofing 157,750 157,750 0% 27,640 185,390 Total Expenditures 2,000,000 1,842,250 157,750 92% - 2,000,000 Fund 277 Tourism Development Revenues 50,000 56,301 (6,301) 113% 50,000 Expenditures 50,000 25,008 24,992 50% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 23,372 413,628 5% 437,000 Expenditures 437,000 73,209 363,791 17% 437,000 Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 594,381 1,194,929 33% 1,789,310 Interest Earnings 20,000 20,199 (199) 101% 20,000 Transfers in General Fund - Education 539,210 539,210 100% 539,210 General Fund - Health Facilities Fund 922,250 922,250 100% 922,250 Hospital Fund 200,000 200,000 100% 200,000 Use of fund balance - - - 0% Total Revenues 3,470,770 2,276,040 1,194,730 3,470,770 Expenditures Expenditures - School Debt 2,699,150 1,280,253 1,418,897 47% 2,699,150 Expenditures - Hospital Debt 765,000 97,053 667,947 13% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - 0% - Total Expenditures 3,470,770 1,377,306 2,093,464 40% 3,470,770 Capital Projects Fund 410 - Borough Capital Projects: Revenues: Interest Earnings 204,898 204,898 • 0% r 50,000 254,898 Contributions for BMX track 39,670 39,670 - ' 100% 39,670 State Grant - - ' 0% 540,508 540,508 Miscellaneous - - • 0% Total Revenues ' 244,568 39,670 204,898 r 16% 590,508 835,076 Operating Transfers In: General Fund 517,352 517,352 - r 100% 517,352 Bayside Fire Department • 448,800 448,800 - ' 100% 448,800 Facilities Fund 1,434,384 1,343,384 91,000 • 94% 1,434,384 Total Operating Transfers In ' 2,400,536 2,309,536 91,000 r 96% ' 2,400,536 Total Revenues ' 2,645,104 2,349,206 295,898 r 89% 590,508 3,235,612 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 5 of 8 CORRECTED VERSION Fund 410 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 94,670 0% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 21,259 405,541 5% 426,800 00102 Bayside Underground Electrical 22,000 22,000 0% 22,000 03105 Northstar School road/parking lot design 50,000 29,189 20,811 58% 50,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05023 Peterson Seismic Upgrade - 16,889 (16,889) 0% 540,508 540,508 05025 High School Gym Seismic - 4,952 (4,952) 0% 50,000 50,000 06001 Computer Upgrade 114,000 125,054 (11,054) 110% 114,000 07008 Seismic Repair - - 0% - 07015 High School kitchen floor 12,323 12,323 - 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 - 100% 25,000 07018 HS Pool Repairs 40,000 40,000 0% 40,000 08001 Kodiak Mddle School Asbestos Abatement 182,000 69,791 112,209 38% 182,000 08002 Main elementary Asbestous abatment 43,000 94,341 (51,341) 219% 43,000 08003 HS Soil Remediation 397,000 265,337 131,663 67% 397,000 08004 Computer Assisted Mass Appraisal and Collection Pn 400,000 400,000 0% 400,000 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 2,645,104 810,137 1,834,967 31% 590,508 3,235,612 Fund 420 -GO Bond Projects: Revenues: hterest Earnings Proceeds from bond 2004A Bond Issue Proceeds from bond 2004B Bond Issue Proceeds from bond 200X( Bond Issue Projects: 03119 New Swimming Pool 04101 Old Harbor GymNoc Ed renovation 04102 Larsen Bay School floor repair 04103 Ouzinlde Gym renovation 05002 Evacuation Center earthquake evaluation 05009 Kodiak Mddle School concrete repair 05010 Kodiak High School asbestos & floor covering 05011 District -wide floor covering replacement 05012 Kodiak High School heating and ventilation 05013 Kodiak High School insulastion and windows 05014 Kodiak High School and Mddle School roof repair 05015 High School Voc ed /classroom reclaimation 05016 East School heating and ventilation 05017 Learning Center renovation KM{3 Seismic Upgrade, Phase 9 Ottz(rtkie Sprhkier System Ouzlnkie Generator Replacement Contingencies Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation Anton Larsen Bay Boat Ramp Chiniak Grant ADF &G, fish research Coastal knpact Program CIAP Grant Homeland Security 06008 Summit Lake Trail 06007 ADF & G Building Design 2005 Pre Disaster Mtigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop Kodiak Island Borough, Alaska • • • • • • • • • • • • FY2008 A inended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget 2,000,000 2,530,352 (530,352) 127% 1,633,918 3.833,918 9,302,760 9,302,760 100% 9,302,760 11,050,000 11,080,000 (30,000) 100% 11,050,000 8,000,000 - 8,000,000 0% 8,000,000 30,352,760 22,913,112 7,439,648 75% 1,633,918 31,986,678 14,595,000 2,251,134 339,883 1,858,255 500,000 237,918 304,704 728,708 250,000 596,020 600,000 4,840,788 520,000 1,181,336 1,072,423 13,522,577 7% 14,595,000 2,808 2,248,326 0% 2,251,134 1,526 338,357 0% 339,883 23,248 1,835,007 1% 64,932 1,923,187 323,277 176,723 65% 500,000 9,350 228,568 4% 237,918 212,518 92,186 70% 304,704 499,575 229,133 69% 728,708 174 249,826 0% 250,000 4,134 591,886 1% 596,020 617,141 (17,141) 103% 600,000 68,426 4,772,362 1% 4,840,788 109,532 410,468 21% 520,000 26,224 1,155,112 2% - 2,700,000 (2,700,000) 330,000 (330,000) 88,000 (88,000). 1,549,014 0% ( 1,014) 2,970,356 27,382,404 10% 1,633,918 31,986,678 1,741,400 1,741,400 0% 560,000 560,000 ' 0% 20,000 2,879 17,121 ' 14% 200,000 139,518 60,482 • 70% 189,985 - 189,985 • 0% 17,733 17,733 ' 0% 23,500 17,343 6,157 ' 74% 1,500,000 1,500,000 ▪ 0% 41,724 41,724 ' 100% 938,633 - 938,633 ' 0% • 465,618 465,618 0% 70,000 58,683 11,317 • 84% I. 48,000 48,000 0% I. 70,000 70,000 0% 25,000 25,000 • 0% 10,000 3,147 6,853 • 31% 1,741,400 560,000 20,000 200,000 189,985 17,733 23,500 1,500,000 41,724 938,633 465,618 70,000 48,000 70,000 25,000 10,000 Ordinance No. 2008 -01C Page 6 of 8 CORRECTED VERSION 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 07012 Ouzinkie School Seismic Upgrade East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Mddle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Transfers in from fund 410 Anton Larson Boat Ramp Coastal Impact Program Dingell - Johnson Contribution Total Revenues Projects: 164 KB Waste Management Implementation 177 Anton Larsen Bay Boat Ramp 02107 ADF &G Research Study 03114 Coastal Impact Program 03118 Chiniak Multi -use Grant 05019 Homeland Security 05020 2005 PreDisaster Mtigation Grant 05022 KMS Seismic Upgrade 410/523 05026 HS Library Wing Seismic Retrofit 06007 ADF & G Building Design 06008 Summit Lake Trail 07001 Area Wide School Equipment and Supplies 07003 Island Lake Trail 07004 Larsen Bay Equipment 07005 Main elementay School Playground Equipment 07006 Port Lions Community Workshop 07008 School Facilities Seismic Repairs 07009 Tsunami Siren, Upgrades & Additions 07010 ADF & G Near Island Facility 07011 Ouzinkie Dock Replacement 07012 Omni*, School Seismic Upgrade 07014 East Elementary School Siesmic Upgrade School District Computer Grant Emergency Communications and Planing Kodiak Mddle School Playground Equipment Area Wide School Supplies and Equipment Near Island Fish and Game Building Total Expenditures Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Revenues 165 Landfill Closeout/Leachate Treatment 07013 Landfill Lateral Expansion Total Expenditures Fund 495 Hospital Capital Projects Hospital Providence From Facilities Fund Total Revenues 03112 Hospital access and parking, Phase I & II 05021 CHC architural Engineering Total Expenditures FY2008 Aninended Budget 910,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 10,000 130,000 950,000 526,350 60,000 130,000 140,000 ' 10,494,893 1,741,400 896,350 200,000 319,985 20,000 17,733 41,724 938,633 465,618 1,500,000 23,500 70,000 48,000 70,000 25,000 10,000 1,300,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 10,000 130,000 950,000 10,494,893 3,000,000 ▪ 3,000,000 ' 3,000,000 3,000,000 660,288 r 125,000 785,288 660,288 125,000 785,288 As of Difference 01/31/08 910,000 1,000 99,000 500,000 570,000 308,344 138,606 70,000 1,602 28,398 10,000 130,000 950,000 526,350 60,000 130,000 140,000 265,896 10,228,997 936,714 804,686 625,870 270,480 139,518 60,482 309,855 10,130 11,744 8,256 14,430 3,303 22,312 19,412 1,970,574 (1,031,941) 11,012 454,606 1,500,000 17,343 6,157 51,150 18,850 48,000 70,000 25,000 3,147 6,853 1,300,000 500 99,500 500,000 29,555 540,445 10,869 297,475 5,383 133,223 70,000 30,000 10,000 130,000 950,000 4,159,976 6,334,917 196,005 8,121 204,126 Budget Adjustments 0% 1% 0% 0% 0% 0% 0% 5% 0% 0% 0% 0% 0% 0% 0% 3% 70% ' 70% • 97% • 59% • 81% • 53% 0% • 2% • 0% • 74% • 73% • 0% • 0% ▪ 0% 31% ✓ 4"/0 • 4% 0% • 0% • 0% • 0% • 0% • 40% 7 3,000,000 r 0% 3,000,000 r 3,000,000 • 0% - 0% 3,000,000 ' 0% 0% 464,283 • 30% 116,879 • 6% 581,162 26% 0% 270,288 390,000 ' 41% - r 0% 125,000 - • 100% 395,288 390,000 50% Revised Budget 910,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 10,000 130,000 950,000 526,350 60,000 130,000 140,000 10, 494, 893 1,741,400 896,350 200,000 319,985 20,000 17,733 41,724 938,633 465,618 1,500,000 23,500 70,000 48,000 70,000 25,000 10,000 1,300,000 100,000 500,000 570,000 308,344 138,606 70,000 30,000 10,000 130,000 950,000 10, 494, 893 3,000,000 3,000,000 3,000,000 3,000,000 660,288 125,000 785,288 660,288 125,000 785,288 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 7 of 8 CORRECTED VERSION Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues Expenditures Waste Collection Waste Disposal Total Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings Providence Hospital Lease Transfer in from Fem Fuller Use of Retained Earnings Total Revenues Expenditures and Transfers: Expenditures Total Expenditures Fund 555 - Kodiak Fisheries Research Center Revenues Expenditures Research Facility Dorm Facility Fund 560 Telephone 911 Service Revenues Expenditures FY2008M,mended As of Difference Budget Revised Budget 01/31/08 % Adjustments Budget 2,776,703 1,635,524 1,141,179 ' 59% 1,149,968 721,454 428,514 • 63% 3,926,671 2,356,978 1,569,693 - 60% 1,294,662 600,427 694,235 F 46% 2,632,019 1,035,569 1,596,450 • 39% 3,926,681 1,635,996 2,290,685 ' 42% 2,776,703 1,149,968 3,926,671 1,294,662 2,632,019 3,926,681 6,010 (6,010) 720,000 360,000 360,000 - 50% 720,000 66,500 66,500 - r 100% 66,500 874,350 874,350 ' 0% 390,000 1,264,350 1,660,850 432,510 1,228,340 • 26% 1,660,850 1,660,850 248,411 1,412,439 - 15% 390,000 2,050,850 1,660,850 ' 248,411 1,412,439 ' 15% 1,660,850 2,105,019 1,042,799 1,062,220 ' 50% 2,105,019 2,070,519 495,000 1,575,519 r 24% 2,070,519 34,500 12,856 21,644 - 37% 34,500 2,105,019 507,856 1,597,163 • 24% 2,105,019 69,000 24,566 44,434 r 36% 69,000 1,940 67,060 r 3% 69,000 69,000 306,083,182 • 309,486,822 Kodiak Island Borough, Alaska Ordinance No. 2008 -01C Page 8 of 8 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Assembly Appointments to the Womens Bay Service Area Board. ITEM NO:13.D.1 SUMMARY: There are two seats open on the Womens Bay Service Area Board to expire 2009 and 2010. There are three applicants: David "Dave" Conrad, Robyn Haight, and Jessica Horn. The Board met on Tuesday, February 5 and recommended the appointments of Dave Conrad to the seat to expire 2009 and Jessica Horn for the seat to expire 2010. 4.15.040 Vacancies. 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. RECOMMENDED MOTION: Move to appoint Dave Conrad for a term to expire 2009 and Jessica Horn for a term to expire 2010 on the Womens Bay Service Area Board. Name Craig S. Breitung 11488 Womans Bay Drive Kodiak, AK 99615 Vacant Revision date: 12/07/2007 Revised by: jk KODIAK ISLAND BOROUGH omen ea Board John Isadore, Chair 2008 487 -2876 11102 Alitak PO Box 33 Kodiak, AK 99615 Term Home Phone Work Phone Email George Lee, Vice Chair 2009 487 -2696 487 -5770 kasolee @ptialaska.net 171 Otter Avenue Kodiak, AK 99615 2010 487 -9777 2010 _ C eCSt ()%z- 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 p Vacant 2009 - QAV cot C rr b O Dale Rice, Womens Bay Fire Chief 487 -2589 487 -4312 Ex- officio /non- voting Womens Bay Fire Hall 487 -4312 538 Sargent Creek Road Kodiak, AK 99615 izzy @aclalaska.net 487 -5179 breitboy @att.net SLQv,C.L N S. e:9+ � f Wit\ kr 0 Ar\.t � vQ•VPQ- 4 4 ¢sx� 'r\.\,5 ga�> c t I "v. Q"eJ A'�O puR `o rZ..'LSen ,\lc; . •tom A P tzo e.Q s C.v.\vg.Q, * S - CX2*.\V%. iZ2SR.\WZZZ . 422A �` �c� Q.o r.r. cam c— a G b2'3 2-1" • V-1+c 1.52-0V in Lv.�GQD'�- 1C -p SENC`CV -% © va- 4k-i 4% eV\ (1?w o� 1/4'1."1"P4 ` in, L..D % o \.•2.\ c-r. ` Qo 1/4.).:6 o cz- Cs) twRz.. oar \co)4. "v o • T-dowN 5 ,u0s M .J1. w: \ Q A\ ...c - gsS:\b a 'gv*-- w \ a 2 ak 0 jot lex f 63... rm. ©yr . • v‘`t tC1 ∎%\ � 25-01rM4410 E- AVM . `-Ow�R 'lam aZ` ^�t S � 1 02. \ -42 .- `-`mac• Atv°D J2°.�‘UPr BOARD APPLICATION NAME: D v HOME PHONE: L} - 2Z `6? --WORK : STREET ADDRESS: 1 c>l ri 'CL ✓1 J MAILING ADDRESS: i D :T6c) -- /c 3 1 c ,3 LENGTH OF RESIDENCE IN KODIAK: 2v IN ALASKA: ZC) ARE YOU A REGISTERED VOTER IN KODIAK? YES ( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (4 NO ( ) COMMUNITY ACTIVITIES: A(. \ 2 CI-} U`:-)ovvi W owtly`� R Cvv�a C_ t--- PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: - V3 -tom, l t — i/V._) I C-L; Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 9961$(;.,\ Phone (907) 486 -9310 Fax (90 =9 .3` 1 ' '' EMAIL: njavier @kib.co.kod .us DEC � n inn, E l 8 2:u, 4. E -MAIL: a e )7_) l i � e) - 7 Date I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. W UWl�J 1i: i^ Cti4V {�Z. 3. Signal' " - 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 Hya Applicants Residence; BO Date Appointed: Term Expires on: Comments: Documentation: Appointment Letter: Roster Oath of Office: Financial Disclosure: Jessica Kepley rom: 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 D , Home Address:: 665 Sargent Creek Road 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:: pease list organization memberships and positions held:: Peterson PTA 1 Voter Id No. Verified � �x% Applicant's residence B rough( City ( ) Date Appointed: // Term Expires on: Comments: 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 BOARD APPLICATION NAME: '(:)b A4C6 G'2��Vt c •s L —i. _r \nbus -e • CG ^. HOME PHONE: 9- 8 WORK : E -MAIL: STREET ADDRESS: 7 MAILING ADDRESS: r ig o LC cen- -- Cxeo c LENGTH OF RESIDENCE IN KODIAK: / 7 ears IN ALASKA: ) 7 eeLCS ARE YOU A REGISTERED VOTER IN KODIAK? YES NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES NO () COMMUNITY ACTIVITIES: C) b�� 0-1 M : \ AAA. C. d \ S �-k 0 O \t in- e 0X -c) L1,\c PROFESSIONAL ACTIVITIES: .� C!: ED �� S - � e „ C-: cns5 C__\u3o most ` co ,:\ AREA OF EXPERTIS A EDUCATION: Lih - t--Q 1 � a0■s -- 6 a u re T 'd STE17- LBt7 -L06 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 2. 4. �r SSOC-4 tc5 — 1 AM , MINTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. V. 'c. S . S _H C.9 3 ;(- a A: • esume or letter of interest may ='' attached, but is not required. This application will be kept on file for one year. lease return the application by the advertised deadline. ) Jr\ ,g� c67 Date Comments. s Voter ID No Verified By. Applicant's Residence; Borough Date Appoinled: Tenn Expires m: - STAFF USE ONLY - Doamentat on. Appointment Letter. Roster. Oath of Office: Finandel Disclosure: 1.L teH utgoJ dLE :21 LO ea Aoki AGENDA APPROVAL: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Confirmation of Mayoral Appointments to the Planning and Zoning Commission. SUMMARY: There is one vacant city seat to expire 2008 on the Planning and Zoning commission. The following are the applicants: Deborah Darminio, Erin Harrington, and Monte "Wes" Nedrow. The City council members reviewed the applications on January 19 and they recommended the appointment of Erin Harrington to the vacant seat. ITEM NO. 13.D.2 Recommended motion: Move to confirm mayoral appointment of Erin Harrington to a city seat for a term to expire December 31, 2008 on the Planning and Zoning Commission. Name KODIAK ISLAND BOROUGH Planning .and Zoning Commission Term Home Phone Work Phone Email Jim Purdy (B) 2008 486 -7661 486 -1945 kodiaklandsurveying @AK.net 2769 Lakeview Drive Kodiak, AK 99615 Casey Janz (B) 2009 487 -4055 487 -2125 (H)cjanz @ptialaska.net 10674 Chiniak Dr. Kodiak, AK 99615 (W) cjanz01@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 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 Vacant (C) 2008 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 B= Borough Seat C =City Seat Revision date: 2/6/08 Revised by: jk January 22, 2008 Honorable Jerome Selby, Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Selby: At the City's January 19, 2008, work session, the City Council reviewed applications for the open City seat on the Planning .and Zoning Commission. Pursuant to AS 29.40.020, the Council recommends the appointment of Erin Harrington. Sincerely, CITY OF KODIAK Debra Marlar, CMC City Clerk c: Bud Cassidy, Community Development Director Telephone (907) 486 -8636 / Fax (907) 486 -8633 clerk@city.kodiak.ak.us Office of the City Clerk 710 Mill Bay Road, Room 220, Kodiak, Alaska 99615 NAME: HOME PHONE: 41p - 0 -1 , - ,z5 c 1 WORK : r 5 0 E-MAIL: ( ...-,,,thtooroar STREET ADDRESS: / 1 ) MAILING ADDRESS: 7 ri f LENGTH OF RESIDENCE IN KODIAK: /0 • , IN ALASKA: Nc4 /2t--4 pityva ,0 /P/O ARE YOU A REGISTERED VOTER IN KODIAK? YES NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (A NO ( ) COMMUNITY ACTIVITIES: .,3> AVGN be YCJ 6c j 1-;L: ( (1, -i 6 ,apip141 ) c:Yv4,6' PROFESS! NAL ACTIVITIES: AREA OF EXPERTISE AND/OR EDU r CATION: Y t14 t i , Voter D No Verified By: 1 44/ 7 , 012,3_3 Applicant's Residence; Boro gh ( ) City9k Date Appointed: Term Expires on: Comtrents: Kodiak Island Borough / Office of the Borough Clerk /, 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907 EMAIL: nj avier@kodiak BOARD APPLICATION 7)14/241/40 CELL NO. ) 11. 64. nc p Documentation: STAFF USE ONLY - , ..) 9391. .c.:-„, , .,..,..., ••§-. .' ..:,.,- ....--::;. ' •,,,- /.-,' Y711 - " 6 I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. 1 Ate/ilc 2. -4. 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 retum the application by the advertised deadline. Appointment Letter: Roster: Oath of Office: Financial Disclosure: J JRN -11 -2008 09:31 From: BOARD NAME: PLANNING AND ZONING COMMi$SION Name: Erin Harrington Sex; Female Home Address: 1325 Mission Rd Home Phone Number: 486 -8848 Mailing Address: 1325 Mission Rd Business Phone Number: 486 -5021 Occupation: Research Analyst, McDowell Group, Inc. Email Address; erinfishragmgil_,_gom Residency Information: Length of Residency in Kodiak: Year -round since 1999, seasonally since 1994 Registered voter: Yes Education and Hobbies: High School; Falmouth Academy, Falmouth, MA; Juneau Douglas HS, Juneau, AK College: Middlebury College, Vermont, 6A in Int'I Studies; University of Alaska Fairbanks, MS in Seafood Marketing & Economics Trade or Business School: NA Hobbies: Skiing, hiking, biking, traveling, gardening, reading, knitting. Organization Membership Information Are you currently seine on any other Boards, Commissions, or Committees? Yes Island Trails Network, Board of Directors Have you served on a Board,, Commission or Committee before? Yes Island Trails Network, Board of Directors (current); Comprehensive Economic Development Strategy Committee (current and previous); Kodiak Public Sroaccasting Corporation, Board of Directors (previous) and Community Advisory Board (previous); Kodiak Branding and Marketing Committee (founding chairperson). Areas of Special Interest: Revitalization of older Kodiak neighborhoods; pedestrian and cyclist access; trail development; rural economic resilience; Alaska Marine Highway System; entrepreneurship; downtown redevelopment; green building; improvements and access in business districts; tourism strategic planning; community wellness. Please Enter Basic Resume Information Below: Voter Id No. Verified Applicant's residence Bor•,:gh( ) City Date Appointed: Term Expires on: Com m enti.: To:Kodiak Island Boro P.2/5 EMPLOYMENT: 2004- present: McDowell Group, Inc. I work as a research analyst and project manager for the Alaska research and consulting firm. I spent time in our Juneau and Anchorage offices, and opened a satellite office in Kodiak in spring 2006. 1994- present: Commercial fisherman, Kodiak Island and Southwest Alaska. I work as crew on my family's commercial fishing vessels. Current obligations are approximately 2 weeks or fewer annually. Previously I fished up to 9 months per JAN -11 -2008 09:31 From: To:Kodiak Island Boro P.3'5 year. Fisheries include longline halibut and black cod, pot cod, Tanner crab, jig cod, limited salmon gillnet. 2003-2004: Graduate student, Research Assistant, University of Alaska Fairbanks, While pursuing my MS in Seafood Marketing and Economics, I also worked as a research assistant. As part of my responsibility, I traveled throughout Southwest Alaska delivering training workshops to salmon fishermen as part of the USDA Trade Adjustment Assistance program. 2001 -2002: Project Manager, United Salmon Association. I managed the statewide office of the United Salmon Association, including administrative, grant - writing, and strategic tasks. 2000 - 2001: Fisheries Editor, Kodiak Daily Mirror, 1 edited the fisheries content for the Kodiak Daily Mirror and reported on local and state fisheries news, EDUCATION AND TRAINING: Please see above for college degree information. I have introductory certification in Economic Development through the International Economic Development Council. In addition to my degree coursework, I have pursued continuing education credits in Spanish and photography at Kodiak College. ADDITIONAL QUALIFICATIQNS: As part of my work at the McDowell Group, and previous work at the University of Alaska Fairbanks, I have visited and conducted workshops in Akhiok, Old Harbor, Port Lions and Ouzinkie. I am familiar with the communities and issues in these village communities. I have also traveled extensively around nearly all the coastal areas of the Kodiak Archipelago, and am very familiar with the geography and land uses in the rural areas. JRN -11 -2008 09 :31 From: MA.YO.R JEROME SEI.BY MEMORANDUM TO MAYOR CAROLYN FLOYD, CITY OF K DIAK FROM: ERIN D, HARRINGTON SUBJECT: PLANNING AND ZONING COMMISSION AI'I'I ICA1 ION DATE: 1/11/2008 CC; LINDA FREED, MANAGER, CITY OF KODIAK DP: ' " CLEiRK ()DIM; ISLAND) F3OKOUCH To:Kodiak Island Boro P.4'5 Attached you will find a letter I recently submitted to Borough Mayor Jerome Selby, expressing interest in serving on the Planning & Zoning Commission. As a City resident, T could be eligible to serve in one of the City's designated seats. I spoke with Manager Freed last night, and understand that the City may be meeting to discuss possible appointments as soon as Sahuday, January 19. 'Unfortunately, 1 have made prior arrangements to be out of town participating in the Tanner crab season this coining week, and do not anticipate returning by the January 19. I will not have access to phone or email. I would he .happy to provide the City with additional information in support of my application prior to my departure, and would like to reiterate my .sirong interest in this service. JRN -11 -2008 09:31 From: January 9, 2008 Mayor Jerome Selby Kodiak Island .Borough 710 Mil] Bay Rd Kodiak, AK 99615 Dear Mayor Selby: Erin D. Harrington 1 325 Mission. Rd. Kodiak, AK 99615 To:Kodiak Island Boro P.5'5 1 am writing to express interest in serving on the Kodiak Island Borough's Planning and Zoning Commission. i understand that there is a vacancy on the Commission at this time, and hope 1 could be considered for appointment: ttt your soonest convenience. 1 am kcnly interested in issues related to land use, development and redevelopment, and the rote that land use policy decisions play in the economic health and wellbeing of our community. 1 am also interested in the ways that planning and zoning policies set the framework for a community's growth or evolution. T was involved, through my employment at the Mc.Dowe11 Group, in the preparation of the Borough's new Comprehensive Plan. T am ia.miliar with the document, its recommendations, and its intent.. 1 recognize that the Planning and Zoning Commission will have an important role in th.e implementation of many ol'thc recommendations therein. My public involvement and volunteer activities include previous service on the Borough's ACV Stakeholder Committee and the board of directors of the Kodiak Public Broadcasting Corporation, and current service on the hoard of directors of the Island Trails Network. T am also a member of the Comprehensive Economic Development Strategy committee. Please note that 1 am a resident of the City of Kodiak, and as such could serve on one of the City's designated scats on the P &Z, T would be happy to present myself to the City Council in support of .my application. Thank you For your consideration, Erin 1 Torrington Voter ID No Vented By - STAF U SE ONLY - Dom- Appointment Letter: Applicant's Residence; Borough ( Clete Appalnted: ) Ca; ( ) Roster. Oath of Officer rapIr on: mellow aeaosur.: Comments; 01/06/2008 22:22 PROFESSIONAL ACTIVITIE 1. I f��rNnc� '1' z ,K; 2. 3. i r� 4. Signs ure 9074863486 Please return the application by the - cre"' \�� ;I AA Kodiak Island Borough O j Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier@kodiakak.us KODIAK FISH KONMECTI BOARD APPLICATION �crl- CA I'T°+i red urAtar A/or PI c e l/ ea I SC ho0/ - `I. r M l Gj ! A 14r 5 k �Z. AREA OF EXPERTISE AND R EDUCATION: L ' eks cc/ Cerfit f I Sr"y,'.. J .,4 � 5 to).- Date NAME: / HOME PHONE: 107- H C�{ if 6 - i'WORK : E -MAIL: k c d 1 �i J' 1r? ? f r 4l as44 „ r� f STREET ADDRESS: 3 /','; GU. R e y a h a 9 MAILING ADDRESS: P :H 8 ra x a( F 3 ko d 1`cr k , LENGTH OF RESIDENCE 1 ODIAK: j), s IN ALASKA: ,,& z P ct Y'S ARE YOU A REGISTERED TER IN KODIAK? YES ( ) NO ( ) ARE YOU A PROPERTY 0 „ ER IN KODIAK? YES ( ) NO ( ) COMMUNITY ACTIVITIES: p 4 s ,/ R rd ,4u X; 1/4V U 5C o-ff re; I AM INTERESTED IN SERV ' G ON THE FOLLOWING BOARD(S) (List in order of preference) A resume or letter of interest may b =' ttached, but is not required. This application will be kept on file for one year. vertised deadline KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Declaring a Seat on the Board of Equalization Vacant. ITEM NO: 13.D.3 SUMMARY: Alaska Statutes allow an Assembly member to seat on the Board of Equalization (BOE.) Borough Code is more restrictive so Louise Stutes' seat on the BOE needs to be declared vacant. ALASKA STATUTES 29.45.200. Board of equalization. (a) The governing body sits as a board of equalization for the purpose of hearing an appeal from a determination of the assessor, or it may delegate this authority to one or more boards appointed by it. An appointed board may be composed of not less than three persons who shall be members of the governing body, municipal residents, or a combination of members of the governing body and residents. The governing body shall by ordinance establish the qualifications for membership. KODIAK ISLAND BOROUGH CODE 3.20.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. 2. Alternate members. The assembly shall appoint alternate members. The alternate members shall be named by the assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board by appellants. APPROVAL FOR AGENDA: a RECOMMENDED MOTION: Move to declare the seat held by Louise Stutes on the Board of Equalization vacant. Name KODIAK ISLAND BOROUGH utilization Term Home Phone Work Phone Email Alternate Cassandra Juenger, Chair 2010 486 -2221 486 -9325 cassandra123 @gci.net 3899 Harry Nielsen Kodiak, AK 99615 Karenia Hackett 2010 486 -6168 486 -8111 kareniah @kiha.org P.O. Box 3533 Kodiak, AK 99615 Tim Hurley 2009 486 -5584 486 -4433 thurley @alaska.com 1148 Wolkoff Lane P.O. Box 864 Kodiak, AK 99615 Cheryl McNeil 2008 486 -8415 486 -3100 mcneilmom @yahoo.com 2147 Three Sisters P.O. Box 3235 Kodiak, AK 99615 Jim Nagan 2009 486 -3717 486 -3717 jnaganl2 @gmail.com 1217 Rezanof Drive Kodiak, AK 99615 ' p s ouise Stutes 2008 486 -8757 486 -3412 stutes @gci.net " 2230 Monashka Way P.O. Box 170 Kodiak, AK 99615 Staff: Tom Anderson, Assessor 486 -9350 Nova M. Javier, Borough Clerk 486 -9310 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Revision date: 1/07/08 Revised by: jk tanderson@kodiakak.us njavier @kodiakak.us SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING ITEM'NO:13.D.4 TITLE: Resignation and Confirmation of Mayoral Appointment to the Prince William Sound Region Citizens' Advisory Council (PWSRCAC.) Mr. Jim Nestic has served on the Board since 1999 as the Kodiak Village Mayors Association representative. Attached is a letter of resignation from him. Mr. Nestic recommended Mr. Iver Malutin to serve as his replacement. An application was received from Mr. Malutin expressing his interest to serve on the board. This seat is to expire March 2009. APPROVAL FOR 14 ,' ...-1 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Jim Nestic and move to confirm the mayoral appointment of Mr. Iver Malutin on the Prince William Sound Citizens' Advisory Council for a seat to expire 2009. January 18, 2008 Kodiak Island Borough Mayor Jerome Selby 710 Mill Bay Rd. Kodiak, AK 99615 Dear Sirs: I must resign my Board position on the Prince William Sound Citizens Regional Advisory Council due to health issues. Iver Malutin has been my replacement for the last 2 years and would like to highly recommend him to be my replacement at this time. His knowledge of the work the Council is doing would be a benefit to all. Thank You, Jim Nestic NAME: HOME PHONE: 4 8 6 (D ? WORK: .1 - 6 -'(.J CELL NO: S '- E -MAIL: X\"1 &s < 1 h.1 I e , STREET ADDRESS: 9 1 < CD C_ " h MAILING ADDRESS: X f** °7 g ( LENGTH OF RESIDENCE IN KODIAK: 7 -/-- IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES N NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES'( NO ( ) 5 COMMUNITY ACTIVITIES: C --r 73 c. ,z t] i is ? z F 1. -�iriilc r APU . r) C. hp 2 0 i 0- je_, cv .m rr, s s , o v;) C t,\ C vv c;)- 1 Ci; \ L, (—b r. ^fi c3), P D �LS c. c0.,^c. r 1-/ ,Q v\ .....,._y ( PROFESSIONAL ACTIVITIE uGVS AREA OF EXPERTISE AND /OR EDUCATION: c: L � Qvt ^ , 'vr I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1W WN 2. 3. e ti . 1 ` i c_ , L 4. Signature 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 applic. ' • n by the advertised deadline. e Voter ID No Verified By: ? Applicant's Residence;'Bor• .h a. City ( ) Date Appointed: Term Expires on: Comments: Kodiak Island B Office of the Borougi'i) Clerk 710 Mill Bay Ro Kodiak, Alaska 9 6 JA.Y 2008 Phone (907) 486 -9310 Fax 907) 486 -9391 EMAIL: njavier@kod'alEak.us APPLICATION E Kr? /,--9 L C.1 ( (1r..) • STAFF USE ONLY - Documentation: Date Appointment Letter Roster: Oath of Office: Financial Disclosure: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 21, 2008 REGULAR MEETING TITLE: Hiring of Maintenance Coordinator at Salary Range 20, Step H. After advertising, interviewing, and conducting background checks, the review panel has chosen the candidate they feel is most qualified to fill the position of Maintenance Coordinator for the Kodiak Island Borough Engineering & Facilities Department. According to Section 409 "Entrance Wage Rate" of the Kodiak Island Borough Personnel Manual, "the Department Head, subject to managerial approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C." We are recommending the hire of an applicant who more than meets the requirements of the position of Maintenance Coordinator. The applicant's credentials are excellent, and his work history and experience significantly exceed the requirements necessary to perform the essential duties and responsibilities of this supervisory position. Additionally, this applicant's work experience includes working closely with the Kodiak Island Borough on various projects. The Salary Range for this position was set and approved to be at Range 20 of the KIB Salary Schedule. Therefore, based on the recommendation of the Department Head, combined with the qualifications and work experience of this applicant, and in our effort to hire the best qualified person for this position, I recommend this applicant be hired at Range 20, Step H of the salary scale. APPROVAL FOR AGENDA: ITEM NO:13.D.5 RECOMMENDED MOTION: Move to authorize the salary placement of Maintenance Coordinator new hire at Salary Range 20, Step H. et et 0 et to N et CO O 0) et et CO r 0 et et co co 0 h N co Ca ) 0) N h et 0) et 0 et et N O CO et 0) 0 CO CO O O 0 0) CO - et CO 0 0 CO 0 00 N O het r M CO et r h CO . N NCO CO_ h 1) h CO 0) 0 et O /,... O) CO 0 Cn et CD O N. h D ) et O r N CO e i (O 1 ) M co r 9. 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CO et N _ CO 0 0 O t0 O r co r co e t O et O et 00 0 hN h OC) t00 eth 10 O0) hN CO0 N et Oa O et et NO CO et O) et 0 h N CO CO to co h 01 O N CO to CO 0 r ) 0 N`; CD- 1: et tO CO et r h ✓ C�) CO 7 t0 CO N ` h co 1 M 0 ) 0) 10 N r ) 7 (0 0 h h et O 0 ) r N O N t et et 0 et N et CO et CO O et co 0- et to (n to to to C O 1 0 N (0 CO CO CO CO 0 N N N N N N N N N N N N N N N O 0-(� t'‘', CO M co O et N O CO O' O O t0 0 - M r 4 r O_ t0 N et O h h h O co (n O et N 11') O W h N CO O (5) 0) O e< N CO 0) N CO et 0 h N CO CO 10 CO h N 0 r N M O CD 0) 0 N 'CO h •• C') CD et CO N O M 7 to f0 CD N h CO M W O O N 7 C) I` of et ( O 0- h 0 et O 7 e' O et et et N et N et CO et CO ' LT) et to to to to to CD (O Is- (0 h 10 60 CO 0) N N N N N N N N N N N N N N N 00 0) et O h h CO C ) M 00 et N CO CO O O 0 t0 0 < - 0 1, et r O .I to 10 0h hN h OM LOCO ern O O0) INN 600 NM' O Met 0 et et CO N 0) N O et 0 h N CO CO LO CO h N O N CO 10: CD: 0) 0 N C0 h d r 0) N t0 C� CD D N r h M 0 ) 0) �- to N r N , h .4:- et c 0 O ^ N. Q ) 7 Q 0 O et O et r to et . - C et (V et C V et 0) et C) 10 et 10 to t0. 10 M CO to h 1D h (C) 00 N N N N N N N N N N N N N N N <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 Q.2 <2 <2 <2 <2 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 10 0 O 0 to O to O • to O 10 O N O to to CO co h h co O 0) at O: '.'.. O N .- r r r r r y- ,- r r N.. N N Z N N a) at O 0. A. Call to Order The Chair called the meeting to order at 7:04 pm. B. Roll Call Minutes C. Approval of Agenda Architectural/Engineering Review Board Meeting 8 January 2008 — 7:00 pm KFRC Conference Room L. L JAN 0 i 2008 ARB Members present were Scott Arndt, Gregg Hacker, Jay Johnston and Brent Watkins. Absent Members were Jerrol Friend, Charlie Jerling and Reed Oswalt. Representing the School District was Bob Tucker. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. The Chair requested Review of the HS Library Wing Seismic Project be added to the Agenda and Staff Update on the CHC and Pool Projects. J. Johnston moved to add both items to the Agenda, G1 and G2 respectively. B. Watkins seconded the Motion. There was a unanimous affirmative voice vote. D. Approval of Minutes 26 November 2007 B. Watkins moved and J. Johnston seconded a Motion to approve the Minutes as presented. There was a unanimous affirmative vote. E. Review KMS Seismic Upgrade Phase II K. Smith said that this Phase II was essentially Alternate 1 of Phase I and had been previously reviewed by the ARB with the exception of the removal of the ceiling in the gym. The ceiling work has been removed primarily because the Project is over budget and the gym area will afford storage space for classroom items while the seismic work is being done. S. Arndt questioned structural issues with the roof. K. Smith said that PND diaphragms would not be sufficient to meet code and would require the installation of ceiling tubular bracing. He noted that a BCR [benefit cost ratio] had not been completed yet. The BCR would indicate, on a monetary basis, if the cost would be justified given the use of the gym and the level of potential hazard. He said that he had been given an estimate of $125K for the steel required to do the bracing and that cost did not include any overhead or markup costs. K. Smith indicated that there is a shortfall of approximately $3.2M for Phase II; this due to the new PVC membrane rather than the planned renovation of the IRMA roof. Also, scope creep played a part. He said we need to look for money on the whole project. Nearly all of the available bond and seismic grant monies have been expended on Phase I. Page 1 of 7 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \080108 Minutes.doc Note that later on in the meeting K. Smith suggested that if not enough funding were in place, the KMS and Peterson Seismic Projects could end up as 2009 construction projects. Both S. Arndt and J. Johnston suggested it would be better to leave the ceiling steel and roofing work in Phase II so that the Assembly could have information on a total package cost when looking for funding. K. Smith said that it was the intent to do the roof, but add in the steel at a later date since it can be installed from the underside. There was discussion regarding potential asbestos in flooring. The concurrence of the Board was to have these kinds of potential problems investigated and identified, along with the possibility of floors that may require self leveling. This information needs to be given to the contractor so that when construction commences, there won't be as many change orders and the Project does not have to be stopped for surprise findings. This is a way of handling costs. Tuck said that this investigation would require substantial destruction but agreed with the Board and reminded that this is not a project that has the luxury of time. Discussion followed regarding deducts and add alts. K. Smith said that more value is derived from add alts than deducts and suggested having the work that is fully intended to be accomplished in the main bid and have add alts for additional work. The Board agreed. G. Hacker asked if the adds alts would be considered for construction year 2. K. Smith. Yes. Identify when the work is intended to be accomplished. S. Arndt asked if exterior fmish work had been accomplished in Phase I. J. Johnston indicated that the concrete infills had been painted. K. Smith added that there had been dryvit work done in a few areas. S. Arndt asked if exterior fmish work was to be included in Phase II. K. Smith said that this Project was a seismic/roofing/flooring project. S. Arndt said that the exterior fmish has been an issue for years and it needed to be done. K. Smith agreed, but questioned where the [cost] line was to be drawn. J. Johnston suggested that if a dryvit person were already called out in the details, it would be cost efficient to have the needed exterior work accomplished during the Project. J. Johnston asked if there were any verbiage [in the construction contract] to identify access and staging of materials and equipment while both the Seismic and the Pool Projects were going on. G. Hacker noted that coordination definitely will need to take place. Page 2 of 7 \\ dove \Departments \EF \Architectural Review Board \ARB Minutes 2008 \080108 Minutes.doc S. Arndt noted fire access will need to be provided and contractors will need to be aware. K. Smith to look into the requirements for fire access when school is not in session. J. Johnston said he did not find waste materials addressed. K. Smith said he would check that and that it had been issue last time, resulting in 2 addenda. J. Johnston asked what had been learned in Phase I that could be incorporated into Phase II. K. Smith said he would take a look at the pre bid addenda; the asbestos and self leveling floor issues had already been discussed. He noted that the change orders in Phase I included innerduct work, UPS and painting. He added that it was cost effective to have this work included from the beginning rather than using change orders. S. Arndt said when floor covering and baseboard are to be installed that would be the right time to do painting. Tuck said that the walls are covered 4' up with material that would have to be stripped and the walls floated in preparation for painting. J. Johnston asked if the hallways should be upgraded. S. Arndt said it would make a positive impact. Tuck suggested the work be an add alt. K. Smith suggested adding in painting of metal doorframes and taking a look at the doors — some should be repaired/painted /replaced. J. Johnston asked if the general finishing issues could be turned over to the architect. K. Smith — Yes. W. Koning questioned if any structural work was going to be done in the east corner by the stairwell. K. Smith said there is another Bond Project in place for exterior concrete work, but his concern was bringing in another contractor in addition to the all the work that would be going on. W. Koning suggested putting it in the Project as an additive alt on this contract and using the contractor who was working on the Project — he noted that the accounting would have to be separate. Tuck said that could save money - having the same contractor on site and the coordination would be easier. K. Smith said asphalt work in the back could be done if it did not interfere with the rest of the work in progress. S. Arndt said maybe wait for a winter bid and do concrete and asphalt in the spring. Page 3 of 7 \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2008 \080108 Minutes.doc K. Smith said some of the areas need to be done — there is a safety issue. He asked if there was a need to delineate between asphalt and sidewalk asphalt. Tuck indicated that it was the concrete around the entryway that was of immediate concern. K. Smith suggested patching temporarily and then doing the concrete /asphalt work the following year. B. Watkins said he thought that would be a clean solution. G. Hacker referred to sheet A001 — telecon plan and UPS — already done in Phase I. He said there should be a new sheet E202 and M001 needs to have the cooling system to the IT room lined out — done in Phase I. Section 15781 in specs — rooftop AC can be removed and section 16611 — UPS was done in Phase I. Above information will be passed to the architect and ARB will meet again for 100% on KMS Seismic Upgrade Phase II. F. Review Peterson Seismic Upgrade K. Smith reported the HMGP Grant Application for $540K was in the approval process and thus far looked positive. He said the preliminary estimates [for the Peterson Seismic Upgrade] indicate fitting into a $540K budget. S. Arndt asked J. Johnston his opinion on pulling back the EPDM and reusing flashing: J. Johnston said if the flashing is reusable it is a way to help the budget. G. Hacker said there will be pavers that will be lost. J. Johnston suggested taking a look at the roof, pavers and LGs — and, depending on what is found, adding verbiage in the specs to replace, say 50% of pavers and LGs. He added, in reference to rolling back 14' of the roof membrane and then adding plywood — if that was being done to block, maybe it would be better to roll back less and do the blocking from below. G. Hacker and J. Johnston to look at the roof, weather permitting. J. Johnston questioned a detail on S200 — does the detail "A" apply to all the shear walls? K. Smith said that "A ", which addresses hold downs, is typical throughout. Tuck noted on the EFIS there was a hard coat below and soft coat up above — any finish work done would need to be matched. K. Smith will check on it. W. Koning questioned the condition of the finishes. Tuck said they had been done in the 90s and were not too bad. He noted the floor finishes were in terrible condition. G. Hacker added the floors present trip hazards. Page 4 of 7 \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2008 \080108 Minutes.doc G. Ouzinkie Gym Renovation and Seismic Upgrade K. Smith reported that for the seismic work there will be bracing in the crawlspace and some new perimeter shearwalls — see A 200. He noted that a revised set of drawings was expected in the coming week. Tuck — see site plan A003 — he noted on the far left side it shows a connex trailer and a boiler — the boiler is in the connex - the square [shown on the sheet] is the fuel tank and needs to be moved. Tuck to verify size of fuel tank and whether or not it is on skids. Tuck noted there are existing fuel tanks shown on other sheets — those tanks belong to the City. S. Arndt said removal of those [City's] tanks from the site needs to be looked into. Tuck said the 20' connex will need to be demoed and disposed of. S. Arndt said the boiler room needs to be at ground level and there should be no interior access. He questioned the intent for the generator. K. Smith told the Board the Project now required sprinklers, fire suppression equipment, etc. and a 150kw generator is recommended. That size is sufficient to run the fire pump and meet the needs of the school. The KIB has 2 150kw generators. In 2002 the generators were removed from the hospital and the Borough has stored them. At that time, Bud [Cassidy] had them checked out and they were in good condition. K. Smith suggested spending money to have the units inspected and use them for Ouzinkie S. Arndt questioned the location of the existing generator - the other end of the building [from the boiler]. W. Koning and Tuck agreed that the boiler and generator should be consolidated in one area. W. Koning also reminded that the recycled generator will need a new house. S. Arndt said that this needs to be spelled out in the drawings and also a concrete pad will need to be designed for the tank. Discussion followed regarding poor siding, rotten studs and sheeting, windows that do not close and drainage problems. These issues to be addressed by architect. Note the "French drain" called for was seen as a "weak" solution. W. Koning asked if test holes were going to be done. B. Watkins referred to A003 — there are 4 test pits across the back. S. Arndt asked if a new water line was to be put in. Tuck said there would be a new water line because of the now required sprinkler system. G. Hacker noted that a new water tank would not fit in the mechanical room. K. Smith said that when these drawings were done, it was not known there would be a need for a new water tank. This will be shown on the next set of drawings. Page 5 of 7 \\ dove \Departments \EF \Architectural Review Board\ARB Minutes 2008 \080108 Minutes.doc S. Arndt indicated he would like to tie the school into the new water line. K. Smith will check on the abandonment of old water line. Tuck referred to 402 -403 - C -fold paper towel dispensers need to be eliminated — the SD stocks only the universal standard roll. On A500 need to delete the picture of the dispensers and the hand dryers. J. Johnston questioned if fixtures were going to be reused. K. Smith will check that. Gl Review of Library Wing Project K. Smith said he had not reviewed the drawings, but wanted the Board to have them when he received them. S. Arndt said the Board would acknowledge receipt of the drawings and put review of them on the agenda for the next meeting. G2 Update on CHC and Pool K. Smith reported that cost saving suggestions" had been received from Jay -Brant and Brechan Enterprises. The architects and KIB staff will review and identify which ones to consider. A new scope will go out to the two bidders. Bids expected on February 28. On the Pool, K. Smith said a contract with Janssen Contracting Company, Inc. was being finalized. He noted the protest put forth by McGraw Construction had been denied. H. Election of Officers G. Hacker moved and J. Johnston seconded a Motion to retain S. Arndt as Chair and J. Johnston as Vice Chair. There were no further nominations. There was a unanimous affirmative roll call vote. I. Discussion of Role of the ARB It was with the concurrence of the Board this Agenda item be postponed. J. Public comments None. K. Board Comments J. Johnston. Although the Discussion of the Roll of the ARB had been postponed, he presented questions for thought. Should the ARB revise the process by which architects are reviewed for a project? What size project should the ARB review? Should Board have a check list after each review? Should ARB make its reports to staff instead of the Assembly? Page 6 of 7 \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2008 \080108 Minutes.doc Should ARB conclude its review at 95% and turn process over to KIB staff to complete? K. Smith told the Board that getting specs at 65% was proving difficult. [Note: In response to the Board's request to see specs earlier] T. Yorba indicated his subcontractors did not typically provide them at 65 %. W. Koning noted that even if there was resistance, it was a good concept and perhaps an issue that could be negotiated with an architect during the RFP process. W. Koning, in response to one of J. Johnston's questions dealing with the roll of the ARB, indicated that he [KIB staff] did not want to be the filter between the ARB and the Assembly. There were no further Board comments. L. Adjournment There being no further business to come before the meeting, a motion was made by J. Johnston and seconded by B. Watkins to adjourn and there was a unanimous affirmative voice vote. The meeting was adjourned at 9:42 pm. Respe 1 y submitted: /. rI Sharon Lea Adino 1, Project Assistant KIB Engineering/Facilities Department sco# Scott Arndt, Chair Architectural/Engineering Review Board Page 7 of 7 \\ dove \Departments \EF\Architectural Review Board\ARB Minutes 2008 \080108 Minutes.doc Date: /— 3/ - B OO S ' A. Call to Order The meeting was called to order by the Chair at 5:31 pm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston and Brent Watkins. Absent Member was Reed Oswalt. Representing the School District was Bob Tucker. Also present was Brenda Friend, CHC. Representing the KIB Engineering and Facilities Department were Woody Koning, Ken Smith and Sharon Lea Adinolfi. C. Approval of Minutes 9, 30 and 31 July 2007 [previously distributed] and for review 1 August and 5 September 2007 Motion was made and seconded to approve all Minutes presented. There was a unanimous affirmative vote. D. Review CHC Construction Bid/Alternates W. Koning cited an Alaska State Statute and a portion of the KIB Code relevant to participating in an official action whereby either a direct or indirect financial interest could be gained. He noted that the selection of any particular combination of alternates for the CHC Project could determine the contractor. The selection process must be clean, fair and protect all concerned. He suggested that any ARB Members who had submitted bids to general contractors bidding on the CHC Project provide that information to the Chair for a determination resulting in possible abstention from participating in discussions or votes. J. Johnston indicated that he had submitted bids to all general contractors bidding on the Project. The same numbers were given to each general contractor; it would make no difference to him [financially] which contractor or alternates were selected. J. Johnston continued, expressing confusion over the ARB reviewing the bids /alternates and made a motion that discussions /decisions be referred to staff. J. Friend seconded the motion. Minutes Architectural/Engineering Review Board Meetin 26 November 2007 — 5:15 pm KIB Conference Room B. Watkins called for a point of order, stating the conflict of interest issue should be resolved first. J. Friend agreed and said the Chair needed to make a determination before going forward. He said his personal opinion was that since J. Johnston had given the same bid to all the general contractors involved, there would be no gain and therefore no conflict. B. Watkins said J. Johnston's position was a moot point, but the declaration still needed to be made. G. Hacker agreed, noting that J. Johnston had nothing to gain. \ \dove\Departments\EF \Architectural Review Board \ARB Minutes 2007 \071126 Minutes.doc Page 1 of 6 C. Jerling said all his bids were the same for the Pool Project, but he had submitted a bid to only one of the general contractors for the CHC Project. He wished to remain neutral and withdrew from discussions regarding the CHC Project. The Chair, with the concurrence of the Board, ruled that J. Johnston had no vested interest in the discussions and thus there was no conflict. Discussion on motion made earlier. J. Johnston said, having reread all his previous notes on the Project, that although the alternates or deducts in question may not have been specifically discussed by the ARB, all issues [design/specs] had been discussed by the Board with an eye to financial impact or improving quality and now staff and the Assembly should be making the final decisions. J. Friend agreed, noting the Board could discuss and evaluate, but at this point would not be making any recommendations. B. Watkins said he felt the Board could look over what was presented but was not here to spend money. S. Arndt said this meeting was strictly for review and to potentially assist staff. G. Hacker said he was interested in discussing some of the alternates. He reviewed the bid tabulation spreadsheet prepared by K. Smith. He questioned if the selected alternates were staffs recommendations. K. Smith indicated that the selected alternates were his recommendation. J. Johnston reiterated he felt the Board had passed on its insight through the review process and did not feel the Board making recommendations now was appropriate. A roll call vote was taken and the motion failed 4 to 2. Continued review of bids /alternates. W. Koning asked the Board to review the Supplemental Notice to Bidders. K. Smith explained a two phased approach which would entail going back to all the bidders, requesting cost saving suggestions for changes in the scope which would allow the bids to approach the estimated budget in place. Suggestions received would be combined with suggestions from Prochaska and evaluated. The proposed changes would have a dollar amount attached, would be held in strict confidence and be analyzed to develop a new scope of work. K. Smith told the Board that initially his preference had been to negotiate with the lowest bidder, but given the KIB Code requires negotiations be conducted with "two or more ", he then thought that more [cost saving] ideas would come from four bidders rather than just two. W. Koning said that one of the biggest challenges will be the site work. He is hoping for cost saving ideas on the parking lot. He went on to say that selection of any of the alternates needed to be completely justifiable in a court of law. There could be no bias and the only way a contractor could be 'deselected' would be if they were determined to be non responsive. C. Jerling suggested that contractors' names be hidden in Phase 1. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \071126 Minutes.doc Page 2 of 6 B. Watkins questioned if Phase 1 would be getting the "shopping lists" - along with dollar amounts and then moving to Phase 2. K. Smith responded that was correct and in Phase 2 each contractor would be bidding on the same scope. J. Friend asked if Prochaska had talked about any additional costs for rewriting. K. Smith said that Prochaska had not said anything about additional costs. He said that they would not be asked to completely redraw everything and that Prochaska was interested in getting the job awarded. J. Friend asked if there would be an accurate set of plans when the project was completed. W. Koning asked what the price would be for a fully conformed set of construction drawings. K. Smith said he did not know what the cost would be, but noted with the pool project he had requested ECl/Hyer put together fully conformed construction drawings /specs — including all the changes from addendums. This would certainly benefit the project. Hyer indicated that doing new drawings /specs, incorporating all the changes since the Invitation to Bid went out would be an additional cost. They are however required to provide record drawings at the conclusion of the project. B. Friend told the Board that there is a line of credit available for the Project, but would prefer not to take on debt or take monies from patient revenue and that is why finding cost saving alternates is important to the CHC. S. Arndt said the - process looked straightforward and open to everyone and he encouraged staff to go forward with what was being proposed. J. Johnston asked if the over budget figure would be given to the bidders so they would know what they were shooting for — some might decide not to spend the time if they felt they could not get their bid down enough. K. Smith will change language in the Supplemental Notice so that cost savings becomes the issue rather than possibly "deal breaking" dollar figures. K. Smith said he would reword — make it a simple list of cost saving suggestions. G. Hacker cautioned against eliminating anything that would end up costing more money two years after construction — example — drainage — would not want to eliminate and then dig up new paving to install drains after construction. E. Review Pool Construction Bid/Alternates K. Smith reviewed the alternates on the pool bid. Alts. 1 and 2 — Upper Mill Bay Road Driveway Reconfiguration and Additional Paving in Service Alley. Given the area around the proposed driveway is torn up due to reclamation work and that there have been discussions over the years regarding adding parking in that area, it might make sense to hold off on that part of the Project, combine it with the additional paving in the service alley and put out for competitive bid as a separate project. K. Smith reminded the Board that this is an $18M bond issue and the construction budget was based on $9.65M which has now been raised. He suggested delaying additive Alternates 1 and 2 would allow funds to be held and as construction moved forward there would be a better sense of where construction and costs were. \\ dove \Departments\EF\Architectural Review Board \ARB Minutes 2007 \071126 Minutes.doc Page 3 of 6 Alt. 3 — Substitute Concrete Gutters with Stainless Steel Gutters. K. Smith's recommendation, based on Counsilman Hunsacker's preference, would be concrete gutters. Alt. 4 — Furnish and Install all Tile Pool Finish. K. Smith's recommended including based on Counsilman Hunsacker's recommendation. The inclusion of Alt 4 eliminates Alt 5. K. Smith noted that W. M. Smith recommends using all tile and to eliminate as many dissimilar products as possible. Alt. 6 — Furnish and Install 'Epic Span'... K. Smith recommended using the higher quality sound deadening material. Ded. Alts 1, 2 and 3. K. Smith recommended not accepting the deductive alternatives citing maintaining the quality of the Project. He added that the deducts had been included as possible cost savings if bids came in over budget. S. Arndt said that it made sense to do the paving in the alley way because paving would already be going on from Powell to the top of the hill. He agreed that Alt. 1 should be held at this time. G. Hacker said the alley way needs to be done as part of the Project. J. Johnston suggested that staff take a 'hard look' at the square footage of both areas and evaluate. He noted that this was an area that would be easily quantifiable. K. Smith recommended including Alternates 2, 4 and 6. J. Friend and J. Johnston both suggested looking at Alternate 2 carefully, noting that it was work that could be done later. F. Update Bayside Addition/RIM Architects K. Smith reported to the Board. RIM proposed $266K for A/E services and estimated construction costs at $2.3M. These amounts are more than the FPA budget. K. Smith said he requested RIM offer information on possible cost reductions. RIM had not replied. K. Smith continued saying RIM had prepared a Program Draft which was a good document and provided the basis for the Project. He said RIM had made a trip down to meet with the FPA and E/F. RIM has now presented an invoice for $11,530.42 for the work done this far. Note there is no contract in place. K. Smith said the topic [of paying the invoice] had come up as an action item at a FPA #1 Meeting, but there was no record of any action in the Minutes of that meeting. A subsequent FPA #1 Meeting was held and the Board did vote to request staff negotiate the invoice down and to terminate the relationship with RIM Architects, moving to negotiations with the ARB's 2 choice recommendation for this project — Jensen Yorba Lott. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2007 \071126 Minutes.doc Page4of6 S. Arndt said he felt the invoice was a fair amount and also RIM was a viable bidder. He would not want to see the relationship permanently damaged. K. Smith said the Draft Program would be a valuable document to provide Yorba, but did not feel it would be proper to pass it to another architect without having paid for it. J. Johnston questioned ownership of the document. K. Smith responded that it would be a document that was bought, but could not be used with RIM's stamp. W. Koning asked if RIM had been advised of the FPA's budget from the beginning S. Arndt advised that RIM had been given a budget of approximately $1.2M. G. Public Comments None. H. Board Comments J. Johnston suggested an ARB Meeting be scheduled to discuss the role of the Board. He said he would like to be able to address whatever issues the Assembly may have. W. Koning said the Assembly was concerned regarding communication between Board, staff and architects. He said technical specs should be received no later than 65% - want to make it very clear to the architects what the Board expects when 35 %, 65 %, etc. are presented. He noted the Board had gone beyond responsibilities in the Code, but having done that, had brought worth to the projects. S. Arndt suggested planning on a work session in January. K. Smith gave an update to the Board on projects in process. He said T. Yorba would provide scope for KMS Phase 2 Project in January, also the Ouzinkie Gym Addition. The seismic remodel drawings for Ouzinkie would be ready for ARB review in January. Yorba is continuing to work on the design for Peterson Elementary and will have that ready in January. He noted work is being done on the Library Wing — there is a grant in place for that work. There is also an HMGP grant in place to replace the East Elementary Windows, for which the design work has been done. K. Smith told the Board that a final walk through of the KMS Seismic Upgrade Project — Phase 1 had been accomplished and the Project had gone extremely well. There were no further comments. S. Arndt thanked everyone for their time and assistance. \ \dove\Departments \EF\Architectural Review Board\ARB Minutes 2007 \071126 Minutes.doc Page 5 of 6 I. Adjournment There being no further business to come before the meeting, a motion was made and seconded to adjourn and there was a unanimous affirmative voice vote. The meeting was adjourned at 7:10 pm. Respec lly • bmitted: Sharon Lea Adinol 1, roject Assistant KIB Engineering/Facilities Department ,i4P Scott Arndt, Chair Architectural/Engineering Review Board \ \dove\Departments\EF \Architectural Review Board\ARB Minutes 2007 \071126 Minutes.doc Page 6 of 6 Date: ,//' /23 Date: 1— 9 - 20o 8 3. Approval of Agenda 4. Acknowledgement of Financial Report Minutes Fire Protection Area No. 1 Regular Meeting 20 November 2007 — 7:30 pm Bayside Fire Station 1. Call to Order The meeting was convened by the Chair at 7:34 pin. 2. Roll Call Members present were Cliff Davidson, Mike Dolph, Jim Pickett and Greg Spalinger. Absent Member was Rebecca Nelson. Sharon Lea Adinolfi, E/F Department, was recording secretary. It was moved and seconded to approve the Agenda. The Chair noted that Election of Officers had been removed because there was not a full Board in attendance and Approval of Minutes was removed because there were none. There was a unanimous affirmative voice vote. It was moved and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. 5. Visitor Comments None. 6. Staff Reports A. Chiefs Report Chief Himes reported that the First Responder Program was back in effect. He said that joint efforts with all fire departments were going very well — noting joint training with the City, rescue drilling, ambulance orientation and medivacing. He said Chief Kamai hoped to work toward joint membership. The Chief also noted that the Christmas party would be on the 22 of December and the City would be joining in. Also scheduled is the Firefighters' Ball, to be held at the Golden Anchor on 16 February 2008. He said that an EMT Refresher Class will be coming up soon and he would like to start a recruiting class in January. B. Borough Staff Report — None. C. Chair Report M. Dolph let the Board know that J. Kepley, who had been supporting the Board for the last two years, has moved into the Clerks Office at the Borough and the Board's new support person would be Mary C:\Documents and Settings \mbarber\Local Settings \Temporary Internet Files\ Content.Outlook \VGQKVOVJ\071120 FPA Minutes.doc Page 1 of 5 Barber who has moved to the E/F Department. G. Spalinger questioned the possible reimbursement of $1000 that was paid by the FP Board to cover training expenses for J. Kepley. M. Dolph said he would look into it with the Clerks Office. C. Davidson said he felt that training of a public employee was a good thing. G. Spalinger agreed, but felt the Department [in the Borough] should fund training for their employees. 7. Old Business A. Temporary Storage for Apparatus M. Dolph advised that a 'temporary shelter' is something that is up and in use for less than 90 days. The process to allow a temporary storage unit would take more than 90 days. A more permanent shelter has to meet certain building codes. A fabric quonset hut would cost between $12,000- $14,000 with additional costs for the fabric to be made fire retardant. G. Spalinger asked if that price included a foundation. M. Dolph answered no — that would be an additional cost. G. Spalinger said he was not in favor of a fabric structure. Discussion: G. Spalinger asked if the warehouse across the street [from the Firehouse] were still available. M. Dolph — it has been subdivided inside and there is not enough space for the apparatus. G. Spalinger questioned Bruce McNeils's space. Chief Himes said there might not be enough room because of clearance. M. Dolph also suggested that that location created a problem with response calls. C. Davidson asked if the Fire Department was 'stuck' with leaving the apparatus out in the weather. He suggested using a high quality tarp — that would be better than nothing. Chief Himes said a tarp could work, but the light tower on top would still be exposed. G. Spalinger suggested a shed — with a roof — like a carport — outside the fire hall. Chief Himes said the power line would be available and it could be considered a temporary structure. C. Davidson requested that Staff pursue a tarp system. G. Spalinger suggested looking into the possibility of building a carport. C: \Documents and Settings \mbarber\Local Settings \Temporary Internet Files\ Content.Outlook \VGQKVOVJ\071120 FPA Minutes.doc Page 2 of 5 M. Dolph indicated that an approach might be to ask the Building Department what could be built that would not require engineering, etc. 8. New Business A. Time Extension for Removal of Cossette House K. Arndt addressed the Board. He said the contractor he had for the house move was behind schedule. He noted that the lot is cleared, the house is prepped and once the contractor arrives the move could be accomplished in two days. He requested an extension of his contract. There was discussion regarding the timeframe for groundbreaking for the new addition. The consensus was that the house would not initially interfere with that work. G. Spalinger moved, J. Pickett seconded a motion to grant an extension of the contract until 15 April 2008. C. Davidson moved to amend the motion to include demolition and removal of house [offered by K. Arndt] by 10 April 2008 if the move cannot be made by the extension date of 15 April 2008. The Amendment to the Motion was seconded by J. Pickett. There was a unanimous affirmative roll call vote. The main motion was also a unanimous affirmative roll call vote. M. Dolph directed Staff to draw up a new contract factoring in the new time and demolition language. B. Review of RIM Architects Drawing Submittal and C. Approval for Payment of Invoice — RIM Architects SL Adinolfi passed information from Ken Smith, Project Manager, that he would like to see some official action taken on the part of the Board — so that the process could move forward. Options could be to move to a different architect, stay with RIM and move on to the next step. At 35% schematic design the Board would get a truer construction estimate and more detailed schematic drawings. It was noted that RIM is not under contract at this point and until they are, the Board cannot expect any further drawings or information. Regarding the $11,000 invoice, K. Smith's opinion was that RIM should at least be paid for the Draft Program prepared. This is a solid document and forms the basis for the Project. M. Dolph expressed his sense that RIM was owed something, given their site visit and the preparation of the Draft Program, but in reviewing RIM'S proposal he did not feel that what the Board has received thus far is worth $11,000. G. Spalinger said that Tony Yorba [Jensen, Yorba Lott], who was the second choice A/E firm for this Project, is in town frequently working on other projects. He felt T. Yorba would be willing to step in and assist. Chief Himes reviewed errors and omissions he discovered in what RIM had presented and expressed his disappointment with what had been provided. C:\Documents and Settings\mbarber\Local Settings \Temporary Internet Files\ Content.Outlook \VGQKVOVJ\071120 FPA Minutes.doc Page 3 of 5 M. Dolph said he would feel comfortable with K. Smith negotiating with RIM to reduce the amount of the invoice and beginning discussion with T. Yorba. He also felt that $266,000 for A/E design was an outrageous figure for this project]. Chief Himes provided a handout from General Steel showing specs and quoting $100 to $110 sf. The building would be engineered and stamped. Chief Himes questioned the need for an architect. M. Dolph said he believed that some architectural design was required by the Fire Marshall's Office. He also felt the Board should say no thank you to RIM and have K. Smith negotiate the invoice and begin new negotiations with T. Yorba. C. Davidson moved that the Board terminate its relationship with RIM Architects and direct K. Smith to negotiate the outstanding invoice. G. Spalinger seconded the motion. There was a unanimous affirmative roll call vote. G. Spalinger said that it was a good idea to get a pre engineered building. There would be some foundation, mechanical electrical work to be done and information could be passed to T. Yorba, asking what he could do for the project. He noted the economies of using Tony — he is in town frequently so travel costs could be shared among existing projects. C. Davidson indicated he would like to see some architectural embellishments so that the addition would fit in with the existing building. He also wanted to make sure that actions taken [with RIM] would not incur any legal actions. SLA to pass all information to K. Smith and W. Koning — Code will be reviewed. The consensus of the Board was to direct Staff to initiate discussions with T. Yorba of Jensen Yorba Lott. SLA to pass General Steel information to T. Yorba. 9. Visitor Comments None. 10. Board Comments G. Spalinger — None. C. Davidson said he appreciated the efforts put forth by Chief Himes and the City FD. J. Pickett said he was excited to see the Departments working together and EMS back online. He would like to see the Project get underway. M. Dolph said he was happy that things were coming together and it felt good to be back in response. He commended Chief Himes for the good work and expressed appreciation to the Board for its efforts. C:\Documents and Settings \mbarber\Local Settings \Temporary Internet Files \Content.Outlook \VGQKVOVJ \071120 FPA Minutes.doc Page 4 of 5 11. Meeting Schedule The next regularly scheduled meeting is set for 18 December 2007 at 7:30 at Bayside. Election of Officers will be on the Agenda. M. Dolph said that if a special meeting were required, the date would be 4 December 2007. 12. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:50 pm. Respectfully submitted: t (N Date: t<--( 1 R/n — 1 Sharon - . &nolfi, Project Ass ant KIB Engineering/Facilities Dept. Mike Dolph, Chair Fire Protection Area #1 Date: 7 2Z D7' C:\Documents and Settings\mbarber\Local Settings \Temporary Internet Files\ Content.Outlook \VGQKVOVJ\071120 FPA Minutes.doc Page 5 of 5 1. Call to Order The meeting was convened by the Chair at 7:33 pm. 2. Roll Call 3. Approval of Agenda 4. Approval of Previous Minutes 5. Acknowledgement of Financial Report 5. Visitor Comment None. 6. Staff Reports A. Chiefs Report Minutes Fire Protection Area No. 1 Regular Meeting 18 December 2007 — 7:30 pm Bayside Fire Station Members present were Mike Dolph, Rebecca Nelson, Jim Pickett and Greg Spalinger. Cliff Davidson arrived at 7:36pm. Mary J. Barber, E/F Department, was recording secretary. It was moved and seconded to approve the Agenda with the amendment of adding under New Business item B. Recommendation of the board to the Assembly, promote Assistant Fire Chief Himes to Chief. There was a unanimous affirmative voice vote. It was moved, G. Spalinger and seconded to approve the meeting minutes of November 20, 2007 as presented. Discussion, C. Davidson wanted clarification that the minutes reflect K. Arndt would remove building by April 15, 2008. K. Arndt has been reluctant in signing any agreements and it should be written somewhere that he's responsible. M. Dolph informed the board that an agreement had been signed by K. Arndt stating he will have the building removed by April 15, 2008. Motion carried. It was moved, G. Spalinger and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. Chief Himes reported that we are continuing to work well with the City. He said that he was called out as a safety officer. All the Fire Chief's have agreed that we will be doing that more often. We will start training in the training building next month. Bad News is we received a letter from FEMA telling us we did not receive the grant this year. Also, he received a call from K. Short of the MB Finance Department today saying that as of the first of the year the volunteers will be put on the payroll. Chief Himes stated he wasn't very happy about that and K. Short was going to get information to Chief Himes as to why. However, the Borough Manager sent Chief Himes an email saying the volunteer's might like to look into possible tax breaks on property taxes. N:\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes\Mtg Minutes 2007\Minutes 18 December 07.doc Page 1 of 4 G. Spalinger asked if the volunteers are now employee's of the KIB do they qualify for PERS? Chief Himes wasn't sure and said he will check into it. Another thing that comes up is who is responsible for Human Resources, record keeping, etc. If considered an employee there should be a significant impact on my salary. Chief Himes stated his salary at this time is based on supervising 5 positions and the classification table that bases what your salary should be would make a big impact on his salary, because of this. There're a lot of questions that need to be answered and K. Short is supposed to be getting the information to him. Evidently, this stems from the IRS looking pretty hard at the KIB. Chief Himes will get the information on the tax breaks and PERS together and present it at the next meeting. B. Borough Staff Report M. Dolph introduced M. Barber and welcomed her as the new support person. M. Barber stated she is happy to be here and looks forward to working with the board. M. Dolph gave the board an overview of the meeting held at the KIB projects office December 6 re: Bayside Addition/RIM Architects. Notes taken by S. Adinolfi are in the packet. Basically, RIM needed to be offered the final right of refusal to do our project. Eng/Fac was asked to contact RIM, let them know we have a budget of $1M, can they make this happen. This gives them an opportunity to say yes we can or no. If they come back and say they are not able to do the work for the proposed budget we can say Thank You very much and move on to the next one. It releases the KIB from any legality. C. Chair Report M. Dolph told the Board he was waiting to hear from K. Smith on any response from RIM Architects, which is what is in the back of the packet. He visited D. Mathers with the building department concerning temporary storage and asked if there was anything we can put up to provide protection for the vehicle without it costing us thousands of dollars. D. Mathers stated that any structure would have to be properly engineered, and therefore there is nothing we can do aside from throwing a tarp -type cover, which wouldn't provide much weather protection. R. Himes said three of the compartment doors are frozen shut. R. Nelson said there's a warehouse located at Monashka Circle and Bayview Dr. that may be available. R. Himes asked if it was heated. R. Nelson said she didn't know. She wanted to know if the Board wanted her to pursue it or not before she checked to see if it was available. R. Himes said it's out of the way for a response and the roads aren't very good if we have icy conditions. M. Dolph wanted thoughts from the Board. Do we want to pursue the warehouse? C. Davidson stated he wasn't happy with the situation they've gotten themselves into. He feels we dropped the ball. He wanted to know how R. Himes felt about the warehouse. R. Himes response was that he doesn't like the idea of one of the primary rigs out on the gravel road so far away from the station. And he felt that road is one of the most dangerous roads around. J. Pickett wanted to know why we bought two vehicles right away when we knew we only had room for one. N: \EF\Service Districts\Fire Protection Area No. 1 Board\Minutes\Mtg Minutes 2007 \Minutes 18 December 07.doc Page 2 of 4 M. Dolph said the price was right. It' s unfortunate, but we got ourselves into this dilemma because we haven't been able to get this building project under way. Dolph said he would be all over a temporary structure to house this vehicle if we had $14 - $18K over and above the $1M. Unfortunately, we don't and being part of the KIB we have to live by the rules of the KIB regarding building permits. 7. Old Business None 8. New Business A. Election of Officers for FY2008 M. Dolph opened the elections for Chair. C. Davidson nominated M. Dolph, seconded with unanimous consent. M. Dolph accepted and thanked the Board for their vote of confidence. M. Dolph opened the floor for nominations for Vice Chair. C. Davidson nominated R. Nelson, seconded with unanimous consent. R. Nelson also thanked the Board for their vote of confidence. B. Filling of the Fire Chief Position M. Dolph let the Board know that this needs to be a recommendation from the Board to the Manager to appoint R. Himes as Chief. This would be a promotion from his current position of Assistant Fire Chief. C. Davidson moved to recommend the hiring of Chief Himes, J. Pickett seconded. Roll Call vote was taken, carried unanimously. 9. Visitor Comments Curt Law said he was glad to see the Board moved to promote B. Himes to Fire Chief. Especially since all the Fire Chief' s are meeting. It just makes sense to promote him to Chief and C. Law recommended that if it looks like the MB is dragging their feet on the Board's recommendation that each Board Member go to the Assembly and state how you feel about it. 10. Board Comments R. Nelson — None. C. Davidson said he was really sorry there isn't something we can do about that engine. G. Spalinger thinks the Board should pay RIM and cut our losses and move on. J. Pickett agrees with G. Spalinger to pay RIM, move on and get out of the way. Glad the Fire Departments are working together again. It' s working great. Need to look for a place to store the new engine. It isn't a good situation with it having to sit out in the elements. M. Dolph agrees with the Board, it's frustrating not to be able to house the engine. Don't know of any options at this time and is concerned on the amount of money it may cost. C. Davidson says the Board should look at a timeline starting January 1, 2008 and ask where we are on the building, what is being done or not done and why. N:\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2007 \Minutes 18 December 07.doc Page 3 of 4 M. Dolph agreed and said the Board should sit and talk with Eng/Fac at the KIB to get realistic numbers and timeline from the Architects. 11. Meeting Schedule The next regularly scheduled meeting is set for 15 January 2008 at 7:30 at Bayside. 12. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:31 pm. Respectfully submitted: Mary J. Barbek; Su KIB Enginee' i Mike Dolph, Chair Fire Protection Area #1 ort Staff ilities Dept. Date: 1 t S D Date: A) (ST, 2 c * N :\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2007 \Minutes 18 December 07.doc Page 4 of 4 CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS REGULAR MEETING MINUTES DECEMBER 1 FEB 6 2008 The regular meeting of the Planning and Zoning Commission was called to order at 7:43 p.m. by CHAIR KING on December 19, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Duane Dvorak, Associate Planner Brent Watkins X Community Development Dept. Bill Kersch X Sheila Smith, Secretary Casey Janz X Community Development Dept. Gary Juenger X Vacant Vacant A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the November 21, 2007 minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 08 -011. Request for a rezone, according to KIBC 17.72, from B- Business to RR1- Rural Residential One. Dvorak reported (20) public hearing notices were distributed for this case with no written responses returned. He stated staff done a good job of illustrating the history of the area, not just of this lot but also of other zoning actions in the vicinity. Looking through the narrative staff has outlined fairly accurately the development trends in the area and discussed some of the issues December 19, 2007 P & Z Commission Meeting Minutes Page 1 of 8 related to this request. The recommendation of staff hinges primarily upon the Womens Bay Comprehensive Plan, which was recently adopted. The narrative gives you a good idea what the plan has to say about the property, and it recommends this area be maintained as commercial. Something else that wasn't included but perhaps should be included in future staff reports is when we talk about relevant code sections we often pull from Chapter 17.72, which is the rezone procedure. Dvorak feels section 17.02.020 is relevant to this case which it says "In accordance with Alaska Statutes zoning decisions shall be based upon the recommendations contained in the Comprehensive Plan. When we adopt a Comprehensive Plan that plan is to be the policy guide for these kinds of decisions." This language may be aimed more at the Assembly because they make the final decision and you make the recommendations. If you look at the codes, the plan, and the statutes there isn't a lot of wiggle room for interpretation. With this additional information he thinks it is clear that the recommendation is probably the correct one, which is to deny it. The motion should have been worded in the affirmative, and if the will of the commission is to deny the request it should be denied rather than a motion to deny. COMMISSIONER WATKINS MOVED TO APPROVE the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Bob Tarrant, agent, spoke in support for the request. The applicant is out of town and Mr. Tarrant has not been able to reach him to discuss the possibility of Rural Neighborhood Commercial zone as suggested by Bud Cassidy as an option. Public hearing closed: Regular session open: During discussion WATKINS and KING expressed concern about moving forward before the agent can talk to the applicant regarding the option of RNC zoning, and if it should be postponed. The commission is in consensus with concern regarding moving forward before the agent can talk to the applicant. The commission has been contemplating changing the whole area there to RNC zoning. Dvorak stated from the extensive zoning history presented in the staff report on page 2 of 7, top of the page the legal descriptions for that particular request are enumerated there. Everything around Cottonwood Circle on out which included Tract 0 at that time and it was zoned Business. Tract 0 is zoned RR1. COMMISSIONER JANZ MOVED TO AMEND Case 08 -011 to investigate RNC -Rural Neighborhood Commercial zoning and apply it to the remainder of Tract K through N. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 4 -0. B) Case 04 - 013. Request an extension of a previously granted Similar Use Determination (SUD) in accordance with KIBC 17.03.090, to permit a soil remediation facility on Lot 6 Seaview Subdivision, as a use similar in character and impact to the conditional use specified in refining or storage; and, an extension of a Conditional Use Permit (CUP), in accordance with December 19, 2007 P & Z Commission Meeting Minutes Page 2 of 8 KIBC 17.67.020.B and KIBC 17.24.020.F, to allow a soil remediation facility on Lot 6, Seaview Subdivision. Staff indicated there were (9) public hearing notices were distributed on with no written responses returned. He stated this is a request previously approved by the commission. The applicant is specifically requesting a time extension. The conditions of approval specified any extension required a public hearing. When we do an extension we look at whether the codes, plans, zoning, or development context has changed, and in reviewing this no substantive changes were found of note. It's an Industrial zoned area and seemed the best Industrial zoned location we could find for this kind of heavy Industrial use. It was heavily conditioned with 8 conditions of approval at the time. Staff reviewed these conditions and found them to be applicable now. It was meeting those conditions that has caused the delay, and getting the DEC letter of approval or letter of review that they would need to actually operate the facility. They wish another 2 year extension, which is comparable to the original approval, and staff recommends approval. Staff provided some of the original staff reports, minutes, and specifications in your packet. There was a Similar Use Determination because soil remediation is not a permitted use enumerated in the Industrial zone, and the commission originally reviewed a Similar Use Determination linking it with a Conditional Use in the Industrial zone which is petroleum refining and flammable gases. If you extend the CUP by implication you have extended the Similar Use Determination along with it. COMMISSIONER JANZ MOVED TO GRANT a two (2) year extension for the conditional use permit in accordance with KIBC 17.67, to permit a soil remediation use to be established on Lot 6, Seaview Subdivision which is located in the I- Industrial zoning district, subject to the conditions of approval contained in the staff report dated December 11, 2007, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by 18.AAC.78.273 and 18.AAC.75.365 detailing an engineered facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. Prior to operations of this facility, the applicant must contact ADNR to determine whether a coastal consistency determination is required and satisfy applicable Alaska Coastal Management (ACMP) review requirements if it is determined that a consistency review is necessary. 3. An engineered fill plan must be submitted for approval prior to utilization of any remediated soil for fill on the site. December 19, 2007 P & Z Commission Meeting Minutes Page 3 of 8 4. To ensure protection of nearby tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5. This CUP is valid until December 31 2009, unless renewed prior to that by the Commission at public hearing. Any expansion or enlargement in scope of the operation beyond what has been specifically described in the CUP application narrative dated September 30, 2004, is not permitted unless first approved by the Commission at public hearing. 6. The contaminated soil storage on the site shall not exceed a total of 1,000 tons, from all sources, as indicated in the narrative submittal dated September 30, 2004. 7. When the soil remediation facility is operating, a quarterly report of volume of contaminated soil remediated and the associated test results to ADEC will be submitted to the CDD for inclusion into the file for this case. 8. Should the soil remediation facility be removed from the Lot 6, Seaview Subdivision for any reason the site will be cleaned up consistent with the ADEC Operations Plan within 60 days of demobilizing the equipment. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood and with good traffic access. State statues exercise strict control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and accompanying narrative description of the use, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of KIBC 17.67 (Conditional Use Permit) and KIBC 17.24 (Industrial Zone) of Borough Code. Parking and vehicular circulation requirements are satisfied, and good access and visibility exists for truck ingress and egress to and from the highway. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with a determination that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval is granted subject to approval of the operations plan by ADEC, which will provide a measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is an engineered Surface Water Management Plan and a quality assurance plan to guarantee only petroleum - contaminated soils containing no toxic waste are brought to the site for remediation. December 19, 2007 P & Z Commission Meeting Minutes Page 4 of 8 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other non - industrial uses adjacent to the treatment cell operations. In addition, the site will be setup approximately 100 feet back from the public road and at a different elevation from the road. The question was called, and it CARRIED 4 -0. C) Case 08 -016. Request a Conditional Use Permit (CUP), in accordance with KIBC 17.67.020.B and KIBC 17.13.040.F to allow non - recreational resource extraction of up to 5,000 cubic yards of material from Alaska State Land located near "Boat Beach ". Dvorak reported staff sent out (60) public hearing notices to all property owners in Pasagshak, and no written comments returned. Staff reviewed this case of which it's based on the material sale agreement that they received from the State of Alaska, who is also the landowner. The fish by- products company is designated as a representative. Staff went through the sale agreement and didn't see the need to include a lot of conditions of approval on this request. Staff recommends approval with one condition of approval linking our zoning approval back to the sale agreement and the conditions enumerated there indicating any damage to Pasagshak Road due to the heavy truck traffic would be restored by the operator, and if there are any fuel spills for equipment and such that sorbent materials would be brought to the site sufficient to deal with any kind of mishap that might happen. Those were the kinds of things staff found that weren't adequately addressed. COMMISSIONER WATKINS MOVED TO GRANT a conditional use permit, according to KIBC 17.67, in order to remove 5,000 cubic yards of beach sand pursuant to KIBC 17.13.040.F which allows non recreational mineral extraction activities and related structures as a conditional use in the C- Conservation zoning district, subject to one (1) condition of approval contained in the staff report dated December 3, 2007; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. All the conditions of the negotiated lease with the State of Alaska (ADL 229094) be adhered to. These include items such as: • Work shall occur in unvegetated areas; • Any damage to the Pasagshak road will be restored by Mr. Dehart • Sorbant materials will be brought to the site in sufficient quantities to use in event of a spill. Fuel and oil will not be stored within 100 ft of water bodies and located within double walled tanks or lined berm. FINDINGS OF FACT December 19, 2007 P & Z Commission Meeting Minutes Page 5 of 8 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. This beach area is the sight of other removal of beach sand. It is a site that replenishes itself erasing any long term impacts. Because of this, the value, spirit, character and integrity of the surrounding area is not impacted. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health safety, convenience and comfort. Based on the inter - agency coordination provided by the Alaska Coastal Management Program, this action will be operated and maintained in accordance with all applicable federal and state environmental requirements. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. This activity is in a remote area. The site is well separated from the Pasagshak Road to some degree by topography. The question was called, and it CARRIED 4 -0. D) Case 08 -015. Request a review and recommendation of the 2008 — 2012 CIP. Staff reported public hearing notices weren't sent out but the hearing was advertised in the newspaper of general circulation. We've also made a number of requests of the outlying communities as well as the City of Kodiak to give input on this process. This is a culmination of those efforts. A lot of outreach has been done, and we gave a presentation at the Rural Communities Forum a couple of months ago. With Bud Cassidy being the new director, he poured a lot into the CIP, and the work he produced reflects that effort. There was an additional item brought up at the work session that Cassidy did add onto the CIP on December 14 but there was a printing glitch so Dvorak printed out new pages with the additional item on it. Staff recommends you approve this and send it to the Assembly with your recommendation. WATKINS stated on the new item he would like to add "Gibson Cove as a possible location." COMMISSIONER WATKINS MOVED TO ADOPT Planning and Zoning Commission Resolution 2008 -01 recommending to the Borough Assembly a list of Priority Projects for inclusion into the Kodiak Island Borough's five (5) year 2008 -2012 Capital Improvement Program (CIP) adding the sentence to line item 44 under Utility and Other Projects "Gibson Cove Dock has been suggested as a possible location. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: December 19, 2007 P & Z Commission Meeting Minutes Page 6 of 8 The question was called and it CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) New Ouzinkie Airport location Dvorak stated the State Department of Transportation & Public Facilities is requesting a rezone of part of the northern portion of the City of Ouzinkie for a new airport facility that they've been working with the community on. They've been working on this design for some time. That design helped determine how much land they would need and helped them figure out the cost. They are looking to acquire some land from the native corporations. The land is zoned R1- Single Family Residential, not Conservation as they thought. Airports are a conditional use in the Conservation zone. Now they need a rezone and they want to start construction this next season. There are two correspondences here. The first is the request to initiate a rezone, that way no one has to fill out an application or pay $1,500. If you look at the letter you can see the rationale that Ouzinkie needs a new airport for safety reasons, transportation efficiency, and just benefit the community. The second letter is related, and because time is of the essence they have asked for an expedited review if the commission could see its way clear to hold a meeting at an earlier time. We need clear direction tonight because people are going on annual leave and time is of the essence. We have to have the public hearing notices out at least 10 days before. The process has to be reasonable. During discussion it was the consensus to have a special meeting for this proposed rezone. COMMISSIONER JANZ MOVED TO INITIATE a rezone investigation for the Ouzinkie Airport property referred to in the December 19, 2007 letter from Teresa Victor SR/WA Right of Way Agent to be set for public hearing at a special session following the January 16, 2008 regular meeting. The motion SECONDED by COMMISSIONER KERSCH. The question was called, and it CARRIED 4 -0. REPORTS Meeting schedule: • January 9, 2008 work session at 7:30 p.m. in the KIB Conference Room • January 16, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Dvorak wished everyone a Merry Christmas and a Happy New Year. He also stated it's been a productive year. We got a lot of things done: the Womens Bay Comp Plan; more recently the Borough wide Comp Plan Project. It's in the process of getting ready for publishing. He appreciates all the community participation at every level of the process. Happy New Year. COMMISSIONER WATKINS MOVED TO ACCEPT Communications and Reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. December 19, 2007 P & Z Commission Meeting Minutes Page 7 of 8 AUDIENCE COMMENTS COMMISSIONER COMMENTS COMMISSIONER JANZ wished everyone a Merry Christmas and she will see everyone in 2008. COMMISSIONER KERSCH wished everyone a Merry Christmas and he will see everyone in 2008. COMMISSIONER WATKINS thanked everyone and thanked staff for taking on the extra load. Everyone have a safe and happy holiday CHAIR KING reminded the commission that elections are coming up in January, and hopefully, we will have some new commissioners. Merry Christmas and Happy New Year. ADJOURNMENT COMMISSIONER JANZ 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: January 16, 2008 December 19, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Bv: Dave King, Chair P & Z Commission Meeting Minutes Page 8 of 8 Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya V Owen, Marion ✓ Pillans, Richard ✓ Mahoney, Ed ✓ Rohrer, Dan ✓ Call to Order Chair Ed Mahoney called to order the Regular Meeting of the SWAB at 5:15pm on December 5, 2007 at KIB Conference Room. Roll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members: Chris Lynch and Tracy Mitchell. Rick Gifford, Woody Koning, Alan Torres and Mary Barber, Kodiak Island Borough. Caroll Tracy, Kodiak Sanitation. Others present were Jim Ashford, Ken Reinke and Hunter Roesler. Approval of Agenda Chair asked for approval of the agenda. Approval was given by a voice vote of the board. Approval of Minutes — October 24, 2007 Chair asked for approval of minutes. Chair asked that F. Holm be changed from Not Present to Excused. Approval was given by a voice vote of the board. Approval of Minutes — November 14, 2007 Chair asked for approval of minutes. Approval was given by a voice vote of the board. Visitor Comments None Page 1 1 SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES December 5, 2007 @ 5:15 PM Borough Conference Room Reports None Unfinished Business Methods of Solid Waste Pickup (Curbside /Dumpsters) Discussion: E. Mahoney wanted to clarify consensus of the board at November 14 meeting was no community dumpsters. What is a community dumpster exactly and if there are dumpsters where will they be located? B. Hinkle thinks curbside should be used for 90% of the residents and possible transfer stations and dumpsters in the outlying areas. R. Gifford said the Contractor should be responsible for deciding where the dumpsters need to be placed and the board needs to establish the policy. B. Hinkle would like to see transfer stations (manned if cost effective) outside the high density areas. E. Mahoney concurred he could see them at Bells Flats and the State Park at Monashka, but everywhere in between should have curbside. C. Lynch stated that the Board would establish the policy of No Dumpsters. If a dumpster is needed it will be up to the Contractor to provide it. Things are going to have to go through a phase process. The Contractor isn't going to have the Transfer Stations up and running immediately, so the dumpsters are going to have to be phased out over the life of the contract. C. Tracy wanted to clarify the community dumpsters that Bell and Associates is referring to is residential dumpsters. These shouldn't be mistaken for the commercial dumpsters or contractor dumpsters. These dumpsters are not going to change. It's the residential dumpsters that the Board is discussing, if she's not mistaken. W. Koning stated that strong policy recommendations should be the boards responsibility regarding the residential dumpsters. B. Altenhoff would like to insert the term "General Residential Dumpsters" when discussing removal of dumpsters so the community is clear on what dumpsters are going to be removed. Page 1 2 E. Mahoney said that Hap Heiberg questioned in November 14 "'s meeting carts versus cans with snow removal. Discussion: Consensus was that the Contractor will deal with different situations that arise during the contract. M. Owen said communities all over the world deal with snow in their pay as you throw programs. It isn't something the Board needs to concern themselves with. New Business Transfer Site Discussion: B. Hinkle felt transfer sites are a good idea for public in the outlying areas to get rid of large items as apposed to driving to the landfill. F. Holm said that R. Pillans had some great ideas about transfer sites, it's a shame he couldn't be here to share. E. Mahoney wanted to know about a Sub Committee. According to the Clerk's office they could be a couple members of the board and the board could choose a couple people from the public. Is this something we are ready to do? B. Hinkle said that educating the community, not only about recycling but the whole waste stream. Setting up a Sub Committee would be great but doesn't know that the board is ready for that yet. F. Holm said that Deb Darminio and she were both interested in being on the Sub Committee but felt it should probably be in Phase II of this process. B. Altenhoff felt that recycling has to be a major part of the board. The overwhelming sentiment of the community members he has spoken to is that recycling has to happen and there needs to be a BIG effort. He suggests advertising for others to take on this job of educating the public. It needs to be defined as what recycling will be, how the outreach program will work and what it involves. This needs to be talked about now rather than later. Page 1 3 Recycling B. Hinkle said he hoped by now everyone had a chance to watch the pay as you throw video. At this time he would like to get a better idea of the cost of recycling before he went any further with the Sub Committee. Doesn't feel we are there yet. E. Mahoney said he agrees, but once the RFP goes out on the street the board won't be able to change anything. B. Altenhoff asked as a board do we have authority to do market sampling to find out the level of resistance. Curious what the community response will be. M. Owen agrees that it would be a complete failure of the board not to educate the community about recycling. It's all spelled out in the EPA link T. Mitchell emailed to the board a couple months ago. If you want structure on where to go it is all in the document. It's not a quick read document, but all the information you're looking for is there. E. Mahoney wanted to know how we would propose this information into the RFP. M. Owen said the board needs to read this document and get informed so they can go to the Assembly with recommendations for the RFP. She stated that this document should be required reading for the board. C. Lynch said in Bell & Associates document we have only gone through the initial phase of it because it is the collections and that is what the RFP is that will be going out. Where the board needs to be at this point is setting policy. We need to state: Yes, we want recycling. Yes, we want transfer sites. No, we don't want residential community dumpsters. We're looking for a 7 to 10 year plan & within this plan as we fully develop our solid waste collection plan we don't have to go out for another RFP. July 1 st when the contract is up the policies will be in place to allow us to implement them. E. Mahoney wanted to know if the board would see the draft of the RFP to ensure the policies that the board sets are in place. C. Lynch said yes the board should see the first draft to ensure the table of content has the board's policy items in place. R. Gifford said in Bell and Associates memo that the board has in their packet it talks about recyclable materials and requesting services. K. Reinke wanted to let the board know of a monthly meeting held, Sustainable Kodiak which he felt would be an excellent source to find volunteer's for the Sub Committee on educating the community on recycling. Page 1 4 E. Mahoney thinks that's an excellent idea and would like K. Reinke or M. Owen to come back to the next meeting with possible volunteers. Possibly get this on the agenda for next meeting. M. Owen wanted to get staff to request 8 — 10 copies of the EPA report for the next meeting. She will send the link to T. Mitchell to request copies. Page 1 5 Threshold Involvement E. Mahoney asked if everyone knows what Threshold is and to let the board know Threshold employs challenged individuals. Through the involvement of doing different things recycling became their main focus. He also let the board know that he's on the board of Threshold and Threshold is interested in having a part of recycling. Not sure what that would entail, but would like to see some involvement. Asked if C. Lynch had anything she would like to add. C. Lynch said she is also on the board of Threshold and as this process develops and recycling becomes part of the table of contents the board doesn't want to see Threshold cut out of it as Threshold does employ challenged individuals that wouldn't otherwise be able to get employment. Threshold board wants to supply suggestions to keep their involvement and would like abilities phased in. E. Mahoney feels that Threshold could do the recycling if set up easily without making it too complicated. As stated earlier we don't need to reinvent the wheel. Would like to know how the Solid Waste board felt about Threshold's involvement? Board was unanimously in favor. A. Torres felt that Threshold would do a great job, but believes the recycling portion should be a competitive bid contract. As it is now Threshold is being considered as a sole source vendor, but it should go out for bid. Further discussion by the board on whether or not recycling would be part of the RFP. Recycling is part of the RFP for collections, but a separate RFP for processing. W. Koning said that an option would be to provide a separate RFP for the processing of recyclables at the same time as the collection RFP goes out. It may create more interest. Threshold needs to ask some key questions: Is recycling the key to Thresholds mission? Is there other business that Threshold could provide the challenged individuals? What's the business aspect associated with the cost per ton? This should be talked about a lot. How much is the community willing to pay to recycle? This could be an interesting argument. Cost is a big issue and a lot of discussion needs to happen regarding recycling and Threshold's involvement. E. Mahoney asked if W. Koning would be willing to come to Threshold's next meeting being held January S 5:15PM at the Kodiak Fisheries Research Center. W. Koning said he would be there. E. Mahoney asked if there was anything further on Thresholds involvement or comments. H. Roesler said that he has been working to set up a 2nd hand tool store that caters to recyclables such as tools, building materials, marine equipment, windows, etc. He had the opportunity to spend some time with R. Pillans and he suggested that H. Roesler come to this SWAB meeting and talk to the board about it. Discussion - community awareness and program information that T. Mitchell provided regarding a too good to toss program. Possibly having separate facility next to the transfer station for these types of items. Bell and Associates Memo dated 11/24/07 E. Mahoney read the memo to the board. Basically, what the board needs to look at is how to keep the cost of recycling down. The following list is some of the items and services that could keep cost low and encourage recycling on the island: 1. Land (Lease at $1 a year for recycling processing) Consensus was yes. 2. Building (assist with construction) Consensus was yes. 3. Equipment: a. Horizontal Baler b. Sort Line Equipment to remove contaminants E. Mahoney said Threshold has some pretty good equipment and maybe this could be a hand in hand type thing, possible match. R. Gifford said that with the expected additional volume of recyclables Threshold may need bigger and better equipment to handle it. Consensus was yes. Page 16 4. Education /Outreach 5. Property Tax Breaks E. Mahoney wanted examples of tax breaks. C. Lynch said that there are different types of exemptions. Churches, non - profits, senior, etc. R. Gifford said it's probably moot point since Threshold is a non - profit. It's a way of the municipality to give incentives to tax payers. C. Tracy said that the board is going to have to determine if recycling is going to be mandatory or voluntary. B. Hinkle said that yes it all needs to be looked at but first we need to figure out what's cost effective. Consensus was yes on both. 6. Is zoning an issue? Expedite the permitting process if necessary. Consensus was yes. E. Mahoney said that he thinks everything on the memo from Bell & Associates is pretty common sense stuff and he would agree with all of it. Will be looking forward to see how all of this is put into the RFP. Visitor Comments J. Ashford said that everything that has been discussed is going to revolve around money. The contractor isn't going to come here unless they make money. You need to recognize that this is all about money. Think about it and be very careful. Board Comments F. Holm wanted to know how much garbage from the Cruise ships has been going to the landfill? T. Mitchell said they aren't depositing their garbage here. F. Holm wanted to know about Pasagshak residents not having to pay for garbage. T. Mitchell said that they technically don't have a dumpster and they don't pay right now, however they do use the Y dumpster. This is being addressed by the Assembly. Page 17 E. Mahoney wanted to know if the KIB is advertising the SWAB meetings? He wanted to see them continue to do so. He hopes the board gets to see the RFP before it goes out. Barging off island wasn't reflected in T. Mitchell's comments on the Alaska Waste paper and doesn't know if it's feasible for us, but it is something that D. Rohrer brought up and according to the numbers it may be. T. Mitchell wanted to know what numbers he was referring to? Alaska Waste numbers? E. Mahoney said he wasn't sure but aeveit was something that D. Rohrer was interested in looking into further. Is this information going to be looked into? B. Hinkle said this isn't part of this RFP. This RFP is dealing with collections. E. Mahoney said he hasn't heard of any estimate of cost. T. Mitchell said until we get responses back from the RFP we won't know. Meeting Scheduled The next meeting is scheduled for Wednesday January 9, 2008 5:15PM at KIB Conference Room Adjourn There being no further business, Chair adjourned the meeting at 7:OOPM. SUBMITTED BY: Mary J. 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