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2008-06-05 Regular Meeting
1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. 6. AWARDS AND PRESENTATIONS A. Proclamations — Filipino Heritage Week 7 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 5, 2008, 7:30 p.m., Assembly Chambers APPROVAL OF MINUTES A. * May 1, 2008 Regular Meeting. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None. 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 3 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -35 Between the Kodiak Island Borough and Kodiak Island Convention & Visitors Bureau for Destination Marketing and Tourism Development Services For FY2009. 2. Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough For FY2009. B. Resolutions 1. *Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 2. Resolution No. FY2008 -38 Authorizing a Renewed Short -Term Lease and Material Sales Agreement with Brechan Enterprises for Tracts B1 -, B2, B3, and B4 -A, Bells Flats, Alaska Subdivision. 3. Resolution No. FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. 4. *Resolution No. FY2008 -40 Accepting the Pre - disaster Mitigation Grant Nk From the Division of Homeland Security and Emergency Management for the KIB Non - Structural Seismic Bracing Project in the Amount of $75,490 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. 5. *Resolution No. FY2008 -41 Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. C. Ordinances for Introduction 1. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. 2. *Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 to Budget for Several Grants. D. Other Items 1. Resignation of Parks and Recreation Committee Member. 2. Mayoral Appointment of an Alternate Member to the Cook Inlet Regional Citizens Advisory Council. 3. Resignation of Solid Waste Advisory Board Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 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 3 A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Special Meeting of May 6, 2008. 2. Solid Waste Advisory Board Regular Meeting of January 9, 2008. 3. Womens Bay Service Area Board and Budget Hearing of March 10, 2008 — Corrected. 4. Womens Bay Service Area Board Regular Meeting and Public Hearing of March 25, 2008 — Corrected. 5. Womens Bay Service Area Board Regular Meeting of April 15, 2008. B. Reports 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 3 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 5, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * May 1, 2008 Regular Meeting. 6. AWARDS AND PRESENTATIONS A. Proclamations — Filipino Heritage Week (Ask Nita Nicolas for names) 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearinn NIimherc• Tnll Frf±a (grim d7R- .r,7IR anti I Heal D.1/1 4 .,f 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -35 Between the Kodiak Island Borough and Kodiak Island Convention & Visitors Bureau for Destination Marketing and Tourism Development Services For FY2009. 2. Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough For FY2009. B. Resolutions \ I 1. *Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 2. Resolution No. FY2008 -38 Authorizing a Renewed Short -Term Lease and Material Sales Agreement with Brechan Enterprises for Tracts B1). B2, B3, and B4 -A, Bells Flats, Alaska Subdivision. 3. Resolution No FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. 4. *Resolution No. FY2008 -40 Accepting the Pre - disaster Mitigation Grant From the Division of Homeland Security and Emergency Management for the KIB N ) rlctural Seismic Bracing Project in the Amount of $75,490 and Author''' i Manager to Enter into a Grant Agreement to Administer the Fundsi 5. *Reso'Iti No. FY2008 -41 Accepting a Pre- disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorize the Manager to Enter into a Grant Agreement to Administer the Funds. C. Ordinances for Introduction 1. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. 2. *Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 to Budget for Several Grants. J D. Other Items 1. Resignation of Parks and Recreation Committee Member. 2. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Special Meeting of May 6, 2008, 2. Solid Waste Advisory Board Regular Meeting of January 9, 2008. 3. Womens Bay Service Area Board and Budget Hearing of March 10, 2008 — Corrected Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Puhlin HRarinn Nitmhprc• Tnil Frpc. (Rnnl 417R - c73R anti 1 nral dPR_ZY 1 o -..,a ..f B. Reports 4. Womens Bay Service Area Board Regular Meeting and Public Hearing of March 25, 2008 — Corrected , 5. Womens Bay Service Area Board Regular Meeting of April 15, 2008 , Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Pi ihlic Haarinn Mi,mhare• TnII Frcc /Rnn\ A7RA74R and 1 nrnl /IRR_Z')11 D.,.... a ..F'2 KODIAK ISLAND BOROUGH Assembly Regular Meeting May 1, 2008 A regular meeting of the Kodiak Island Borough Assembly was held May 1, 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, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA ABELL moved to approve the agenda and consent agenda. BRANSON moved to amend the agenda by adding Item 13.D.1 — Assembly Appointment to the Citizens Board of Equalization. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED CARRIED UNANIMOUSLY. The following were approved under consent agenda: • Approval of Special Meeting minutes of January 3, 2008 and Regular Meeting minutes of April 3, 2008. • Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive Program. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the week of May 4 Through May 10, 2008 as Municipal Clerk's Week and extending appreciation to municipal clerks for the vital services they perform. Mayor Selby proclaimed the Week of May 18 Through May 24, 2008 as Emergency Medical Services Week with the theme "Extraordinary People and Extraordinary Service" encouraging the community to observe this week with appropriate programs, ceremonies, and activities. Mayor Selby proclaimed the Month of May 2008 as Older Americans Month in Alaska, urging all citizens to honor older adults, and those who care for them. Mayor Selby proclaimed the first week of May as Awakening Bear Week in Kodiak, urging all citizens to acknowledge the challenges the Alutiiq people continue to face, and recognizing the significance of the annual Esgarlluku Taquka'aq — Awakening Bear Spring Event and the contributions of the Alutiiq people island wide. Mayor Selby presented the April Student of the Month Award to Ben Hoy, a sophomore at Old Harbor School. Kodiak Island Borough Assembly Minutes May 1, 2008 Page 1 CITIZENS' COMMENTS Judy Carstens, Elizabeth Spivey, and Jacqueline Garchitorena representing the Girl Scouts thanked the Assembly for its support and contribution. Heather Wheeler thanked Assembly member Lynch and reminded the Service Area Board to include her road in the grading in the Bells Flats area. Scott Arndt commented on the extension of the Solid Waste contract for one year. COMMITTEE REPORTS Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Community Clean -up Day on May 3, 2008 and encouraged participation. Borough will be collecting household hazardous waste. • Overview of passed legislation based on Lobbyist Hickey's April 2008 Legislative Report. • Projects that the Borough will be working on this summer such as KMS seismic upgrade Phase II, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, and KHS /KMS Complex Roof Upgrade. • Memorandum of Agreement with the State of Alaska Department of Transportation has been signed to begin construction on portion of trails /paths to North Star school. • P &Z Committee and staff will be travelling May 9 and 10 to Larsen Bay to discuss comprehensive plan and zoning issues. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • Thanked Representative LeDoux and Senator Stevens for their accomplishments during the legislative session. • KIBSD would be receiving an additional $100 each year per student for the next four years. • School debt service received an extension of four years. • $4.2 million was funded in the ferry system for Kennicott service to Kodiak Island. 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. The motion before the Assembly on November 15, 2007 was to adopt Ordinance No. FY2008- 09. ABELL moved to postpone Ordinance No. FY2008 -09 indefinitely. Kodiak Island Borough Assembly Minutes May 1, 2008 Page 2 This Ordinance was requested by Assembly Member Oswalt. It was postponed from the November 2007 meeting to April 2008. After research on the current sound system and the telephone hybrid it has been determined that teleconferencing should become a part of the new system and additional research regarding the technology and costs was needed. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Friend, Jeffrey, Lynch, Stutes, and Abell (Ayes); Branson and Oswalt (Noes). NEW BUSINESS Contracts A. Contract No. FY2006 -39B Amending Contract No. FY2006 -39 Solid Waste Collection With Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. BRANSON moved to authorize the Manager to execute Contract No. FY2006 -39B with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK. The Kodiak Island Borough provides solid waste collection services for residents located on the road system in Kodiak. A new solid waste collection contract was entered into with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The contract provides for extending the term of the agreement in two (2) one -year increments. This proposal extends the contract term to June 30, 2009. Amendment No. 2 for this contract reflects a negotiation with AK Waste to reduce the Year One Option by $75,000 so the expected increase will be approximately $355,000. Amendment No. 2 also establishes solid waste deliveries to the landfill on Sundays. STUTES moved to postpone the execution of Contract No. FY2006 -39B with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK . ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. ABELL moved to amend Contract No. FY2006 -39B for an extension of two years. ROLL CALL VOTE ON MOTION FAILED FIVE TO TWO: Jeffrey, Lynch, Oswalt, Branson, and Friend (Noes); Stutes and Abell (Ayes). ABELL moved to postpone Contract No. FY2006 -39B to the June 5 meeting. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO TWO: Lynch, Oswalt, Branson, Friend, and Jeffrey (Noes); Stutes and Abell (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Jeffrey, Lynch, Oswalt, Abell, Branson, and Friend (Ayes); Stutes (No). Resolutions A. Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive Program. Approved under the consent agenda. B. Resolution No. FY2008 -33 Concluding the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. ABELL moved to adopt Resolution No. FY2008 -33. Kodiak Island Borough Assembly Minutes May 1, 2008 Page 3 Manager Gifford reported that this resolution was submitted by Assembly member Abell in response to the final judgment of the Stephens vs. Kodiak Island Borough litigation. ROLL CALL VOTE ON MOTION TO ADOPT FAILED FOUR TO THREE: Branson, Friend, Jeffrey, Lynch (Noes); Oswalt, Stutes, and Abell (Ayes). C. Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. ABELL moved to adopt Resolution No. FY2008 -34. This resolution was also requested by Assembly member Abell for payment of all legal fees regarding the lawsuit Stephens vs. KIB. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED FIVE TO TWO: Stutes, Abell, Branson, Friend, and Oswalt (Ayes); Jeffrey and Lynch (Noes). Ordinances for Introduction — None. Other Items A. Assembly Appointment to the Citizens Board of Equalization. OSWALT moved to appoint Cheryl Boehland to the alternate seat on for a term to expire December 31, 2010. This seat was vacated by Ms. Cassandra Juenger on March 20, started advertising this seat on March 21. Clerk's office received an from Ms. Cheryl Boehland. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Lynch, Oswalt, and Stutes. CITIZENS' COMMENTS ASSEMBLY MEMBER COMMENTS the Board of Equalization 2008. The Clerk's Office application April 30, 2008 Branson, Friend, Jeffrey, Ed Mahoney complimented the Assembly for adopting Resolution FY2008 -34. He followed -up on a records request he had submitted. Assembly member Lynch commended the Clerk's Office for a job well done. She congratulated Ben Hoy, Student of the Month. Assembly member Stutes commended and thanked the clerks for their good job. She also thanked Emil Norton for his representation of the older people of Kodiak, congratulated Ben Hoy as Student of the Month, and thanked the Girls Scouts for their report and the cookies. Assembly member Oswalt reported that he was looking forward to the A to Z study from Bell and Associates. Kodiak Island Borough Assembly Minutes May 1, 2008 Page 4 Assembly member Friend congratulated the clerks. He reported that the Governor put $300 million in energy assistance for a variety of programs; snow was the forecast for the clean -up weekend; and asked the Manager about the funding specifics for the ADF &G building. Assembly member Jeffrey commented that she was glad that the legal issues were behind the Assembly; she complimented the clerks for a job well done; congratulated Student of the Month Ben Hoy; and congratulated the Girl Scouts for their contributions. Assembly member Abell congratulated the Clerk's Office; supported full funding of the school district's budget request; and recognized the elders in the community. He sent his condolences to the Horn family. Assembly member Branson congratulated the Clerk's Office on their hard work individually. She congratulated Ben Hoy as Student of the Month and she stated that she was looking forward to seeing the school budget. She also commented that she does not support teleconferencing but supports public access to the Assembly. The Assembly will meet in a special work session on Tuesday, May 6 at 7:30 p.m. in the Assembly Chambers and a regular work session on Thursday, May 8, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 15, 2008 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. The meeting adjourned at 10:05 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes May 1, 2008 Page 5 TITLE: Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) SUMMARY: This ordinance includes funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise funds. This ordinance also levies a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 - 01. ITEM NO: 9.A SUBSTITUTED VERSION Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01 Introduced by: Manager Gifford Drafted by: Finance Director Introduced: May 15, 2008 Public Hearing: May 15, 2008 Public Hearing: June 5, 2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2008 AND ENDING ON THE THIRTIETH DAY OF JUNE 2009 (FISCAL YEAR 2009 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This ordinance is not of general application and shall not be codified. The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2008 and ending on the thirtieth day of June 2009. Section 3: Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Compositions of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2008, to be used for the purposes as specified in the Budget for the Fiscal Year 2009 of the Kodiak Island Borough commencing on the first day of July 2008 and ending on the thirtieth day of June 2009 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 10.50 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.50 mills I. Woodland Acres Street Light Area 0.25 mills J. Service Area No. 2 0.00 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area .50 mills M. Mission Lake Tide Gate Service Area 1.00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 1 of 7 SUBSTITUTED VERSION Section 5: The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weigh less than 5 tons are exempt. Section 6: Personal property accounts (not including boats) with an assessed value of $2,500 or less will not be billed. Section 7: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project, and department to properly monitor, account, and report on the expenditure of these funds. Section 8: Attached to this ordinance are five pages of back -up information. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 2 of 7 A. Revenues Taxes General Fund (100) Real Property Personal Property Non ad valorem taxes Payment in lieu of taxes Severance Taxes Penalties & Interest on Tax Licenses & Permits Federal Shared Revenue State Shared Revenue Investments Earnings Other Use of Fund Balance Total General Fund Revenues Expenditures FTE Legislative Personnel Services Fringe Benefits Lobbyist Support Services Borough Management Personnel Services Fringe Benefits Support Services Allocated Borough Clerk Personnel Services Fringe Benefits Support Services Legal Services Cost of Litigation Support Services Finance /Accounting Personnel Services Fringe Benefits Support Services Allocated to Projects Ordinance No. FY2009 -01 2 3 7 Percentage 51.75% 51.41% 7.15% 7.10% 1.63% 1.62% 5.27% 5.24% 8.35% 8.30% 1.13% 1.13% 0.43% 0.43% 2.27% 2.26% 14.52% 11.77% 1.95% 1.93% 0.17% 0.17% 5.38% 8.65% 100.00% 100.00% 31,200 5,740 70,000 76,500 219,530 117,450 41,620 (20,000) 174,160 118,020 119,330 409,240 227,780 101,430 (46,810) 1.19% 31,200 5,740 70,000 76,500 2.33% 219,530 117,450 41,620 (20,000) 1.18% 2.31% 2.67% 2.65% 174,160 118,020 119,330 0.84% 0.84% 120,000 120,000 10,000 10,000 4.48% 4.46% 409,240 227,780 101,430 (46,810) Original Substitued 7,980,000 7,980,000 1,102, 500 1,102, 500 251,000 251,000 813,000 813,000 1,288,213 1,288,213 175,000 175,000 66,250 66,250 350,075 350,075 2,230,221 1,827,477 300,000 300,000 26,000 26,000 830,257 1,343,423 15,421,519 15,522,938 183,440 183,440 358,600 358,600 411,510 411,510 130,000 130,000 691,640 691,640 1 Backup Info Finance /MIS Personnel Services Fringe Benefits Contracted Services Support Services Capital Outlay Allocated Assessing Personnel Services Fringe Benefits Support Services Allocated to other funds Engineering /Facilities Personnel Services Fringe Benefits Professional Services Support Services Allocated to Projects Community Development Personnel Services Fringe Benefits Professional Services Support Services Allocated to Projects Building Inspectors Contracted Services Support Goods and Services Ordinance No. FY2009 -01 3 3.82% 3.79% 588,533 588,533 234,810 234,810 123,368 123,368 9,000 9,000 268,355 268,355 40,000 40,000 (87,000) (87,000) 4 2 261,450 150,970 41,340 (13,000) 84,430 38,153 25,000 61,132 (50,000) 2.86% 2.84% 440,760 440,760 261,450 150,970 41,340 (13,000) 1.03% 84,430 38,153 25,000 61,132 (50,000) 1.02% 158,715 158,715 5 4.86% 4.83% 749,780 749,780 363,920 363,920 196,250 196,250 135,000 135,000 88,310 88,310 (33,700) (33,700) 0.96% 0.95% 147,765 147,765 140,000 140,000 7,765 7,765 Economic Development 0.49% 0.48% 75,000 75,000 Professional Services 22,000 22,000 Contributions 48,000 48,000 Support Goods & Services 5,000 5,000 General Administration 1.93% 1.92% 297,600 297,600 Personnel Services Audit Expense 96,000 96,000 Contracted Services 30,000 30,000 Support Services 171,600 171,600 Capital Outlay Emergency Preparedness 0.06% 0.06% 8,800 8,800 Support Services 8,800 8,800 Capital Outlay 2 Backup Info Education Support Professional Services Audit Expense Support Goods and Services Operating Transfers Health & Social Services Contributions Animal Control Contracted Services Education, Culture & Recreation Contributions College and Libraries Contributions Transfers Out Transfers Ordinance No. FY2009 -01 456,350 47,000 181,000 9,006,076 60.28% 69.47% 10,683,'126 10,783,220 456,350 37,000 192,000 10,097,870 1.51% 1.50% 233,000 233,000 233,000 233,000 0.53% 0.54% 82 84,125 82,500 82,500 0.53% 0.52% 81,000 81,000 81,000 81,000 0.60% 0.60% 93,000 93,000 93,000 93,000 0.04% 0.04% 6,450 6,450 6,450 6,450 Total General Fund Expenditures 15,421,519 15,522,938 3 Backup Info B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 8,026 82,026 3 Land Sales (210) 97,771 97,771 4 Buildings & Grounds Fund (220) 751,185 712,485 5 Coastal Management (230) 24,000 24,000 6 Local Emergency Planning Committee (234) 17,800 20,180 7 Women's Bay Road Service Area (240) 124,057 124,057 8 Service Area No. 1 (242) 269,700 269,700 9 Service Area No. 2 (243) 100 100 10 Monashka Bay Road Services Area (244) 52,590 52,590 11 Bay View Road Service Area (246) 5,700 5,700 12 Fire Protection Area No. 1 (254) 415,900 415,900 13 Women's Bay Fire Department (252) 95,980 95,980 14 KIB Airport Fire Area (254) 13,070 13,070 15 Woodland Acres Street Light Area (260) 8,420 8,420 16 Trinity Acres Lighting Dist. (261) 3,920 3,920 17 Mission Lake Tide Gate (262) 3,700 3,700 18 Trinity Acres Paving Dist. 263) 20,060 20,060 19 Kodiak Arts Council (275) 68,360 68,360 20 Facilities Fund (276) 1,480,009 1,890,000 21 Tourism Development (277) 70,980 70,980 22 Fern Fuller Trust (290) 75,000 75,000 Total Special Revenue Funds 3,685,619 4,053,999 Ordinance No. FY2009 -01 4 Backup Info C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 4,067,653 4,067,653 2 Debt Service - Other (310) 0 0 Total Debt Service Funds 4,067,653 4,067,653 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 0 Total Capital Projects Funds 0 0 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 4,136,005 4,136,005 2 Hospital Enterprise Fund (540) 1,660,810 1,660,810 3 Near Island Research Fund (555) 2,122,804 2,122,804 4 911 Service (560) 70,320 70,320 Total Enterprise Funds 7,989,939 7,989,939 Total all Funds $ 31,164,730 $ 31,634,529 Ordinance No. FY2009 -01 5 Backup Info KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01 Introduced by: Manager Gifford Drafted by: Finance Director Introduced: May 15, 2008 Public Hearing: June 5, 2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2008 AND ENDING ON THE THIRTIETH DAY OF JUNE 2009 (FISCAL YEAR 2009 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2008 and ending on the thirtieth day of June 2009. Section 3: Adoption of this ordinance recognizes that funds are appropriated at department and /or project level. Compositions of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the A. Holmes Johnson, Chiniak, and village public libraries during their normal operating hours. Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Paae 1 of 7 A. General Fund (100) Revenues Percentage Original Substitued Taxes Real Property 51.75% 51.41% 7,980,000 7,980,000 Personal Property 7.15% 7.10% 1,102,500 1,102,500 Non ad valorem taxes 1.63% 1.62% 251,000 251,000 Payment in lieu of taxes 5.27% 5.24% 813,000 813,000 Severance Taxes 8.35% 8.30% 1,288,213 1,288,213 Penalties & Interest on Tax 1.13% 1.13% 175,000 175,000 Licenses & Permits 0.43% 0.43% 66,250 66,250 Federal Shared Revenue 2.27% 2.26% 350,075 350,075 State Shared Revenue 14.52% 11.77% 2,230,224 1,827,477 Investments Earnings 1.95% 1.93% 300,000 300,000 Other 0.17% 0.17% 26,000 26,000 Use of Fund Balance 5.38% 8.64% 83045.7 1,341,798 Total General Fund Revenues 100.00% 100.00% 15,421,519 15,521,313 Expenditures FTE Legislative 1.19% 1.18% 183,440 183,440 Personnel Services 31,200 31,200 Fringe Benefits 5,740 5,740 Lobbyist 70,000 70,000 Support Services 76,500 76,500 Borough Management Personnel Services Fringe Benefits Support Services Allocated Borough Clerk Personnel Services Fringe Benefits Support Services Finance /Accounting Personnel Services Fringe Benefits Support Services Allocated to Projects 2 2.33% 2.31% 358,600 358,600 219,530 219,530 117,450 117,450 41,620 41,620 (20,000) (20,000) 3 2.67% 2.65% 411,510 411,510 174,160 174,160 118,020 118,020 119,330 119,330 Legal Services 0.84% 0.84% 130,000 130,000 Cost of Litigation 120,000 120,000 Support Services 10,000 10,000 7 4.48% 4.46% 691,640 691,640 409,240 409,240 227,780 227,780 101,430 101,430 (46,810) (46,810) Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Paae 2 of 7 Finance /MIS 3 3.82% 3.79% 588,533 588,533 Personnel Services 234,810 234,810 Fringe Benefits 123,368 123,368 Contracted Services 9,000 9,000 Support Services 268,355 268,355 Capital Outlay 40,000 40,000 Allocated (87,000) (87,000) Assessing 4 2.86% 2.84% 440,760 440,760 Personnel Services 261,450 261,450 Fringe Benefits 150,970 150,970 Support Services 41,340 41,340 Allocated to other funds (13,000) (13,000) Engineering/Facilities 2 1.03% 1.02% 158,715 158,715 Personnel Services 84,430 84,430 Fringe Benefits 38,153 38,153 Professional Services 25,000 25,000 Support Services 61,132 61,132 Allocated to Projects (50,000) (50,000) Community Development 5 4.86% 4.83% 749,780 749,780 Personnel Services 363,920 363,920 Fringe Benefits 196,250 196,250 Professional Services 135,000 135,000 Support Services 88,310 88,310 Allocated to Projects (33,700) (33,700) Building Inspectors 0.96% 0.95% 147,765 147,765 Contracted Services 140,000 140,000 Support Goods and Services 7,765 7,765 Economic Development 0.49% 0.48% 75,000 75,000 Professional Services 22,000 22,000 Contributions 48,000 48,000 Support Goods & Services 5,000 5,000 General Administration 1.93% 1.92% 297,600 297,600 Personnel Services Audit Expense 96,000 96,000 Contracted Services 30,000 30,000 Support Services 171,600 171,600 Capital Outlay Emergency Preparedness 0.06% 0.06% 8,800 8,800 Support Services 8,800 8,800 Capital Outlay Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Paae 3 of 7 Education Support 69,28% 69.47% 40,683,426 10,783,220 Professional Services 456,350 456,350 A . it Expense —4;900 37,000 Supp oods and Services 181,000 192,000 Operating : , sfers - 9,996,076 10,097,870 Health & Social Services Contributions Animal Control Contracted Services Education, Culture & Recreation Contributions College and Libraries Contributions Transfers Out Transfers 1.51% .50% 233,000 233,000 233,000 233,0 0.53% 0.53% 82,500 82,500 0.53 °o 0.52% 81,000 1,000 81,000 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Paae 4 of 7 �YJ 82,500 81,000 0.60% 0.60% ! 3,000 93,000 93,000 93,000 0.04% 0.04% 6,450 6,450 6,450 6,450 Total Gener. and Expenditures 15,421,519 15,521,313 Education Support 69.28% 69.47% 40,683426 10,783,220 Professional Services 456,350 456,350 Audit Expense 47,000 37,000 Support Goods and Services 181,000 192,000 Operating Transfers 0,996,076 10,097,870 Health & Social Services Contributions Animal Control Contracted Services Education, Culture & Recreation Contributions College and Libraries Contributions Transfers Out Transfers 1.51% 1.50% 233,000 233,000 233,000 233,000 0.53% 0.54% 82,500 84,125 82,500 82,500 0.53% 0.52% 81,000 81,000 81,000 81,000 0.60% 0.60% 93,000 93,000 93,000 93,000 0.04% 0.04% 6,450 6,450 6,450 6,450 Total General Fund Expenditures 15,421,519 15,522,938 B. Special Revenue Funds (Revenues and Expenditures) 1 Child Care Assistance (205) 87 82,026 3 Land Sales (210) 97,771 97,771 4 Buildings & Grounds Fund (220) 751,485 712,485 5 Coastal Management (230) 24,000 24,000 6 Local Emergency Planning Committee (234) 17,800 20,180 7 Women's Bay Road Service Area (240) 124,057 124,057 8 Service Area No. 1 (242) 269,700 269,700 9 Service Area No. 2 (243) 100 100 10 Monashka Bay Road Services Area (244) 52,590 52,590 11 Bay View Road Service Area (246) 5,700 5,700 12 Fire Protection Area No. 1 (254) 415,900 415,900 13 Women's Bay Fire Department (252) 95,980 95,980 14 KIB Airport Fire Area (254) 13,070 13,070 15 Woodland Acres Street Light Area (260) 8,420 8,420 16 Trinity Acres Lighting Dist. (261) 3,920 3,920 17 Mission Lake Tide Gate (262) 3,700 3,700 18 Trinity Acres Paving Dist. 263) 20,060 20,060 19 Kodiak Arts Council (275) 68,360 68,360 20 Facilities Fund (276) 1 1,890,000 21 Tourism Development (277) 70,980 70,980 22 Fern Fuller Trust (290) 75,000 75,000 Total Special Revenue Funds 3,685,619 4,053,999 B. Special Revenue Funds 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Trini Acres Paving Dist. 263) 19 Kod' hild Care Assistance (205) La d Sales (210) Buil• gs & Grounds Fund (220) Coast. Management (230) Local E ergency Planning Com ittee (234) Women's : Road Service rea (240) Service Are No. 1 (242) Service Area .. 2 (243 Monashka Bay - . ad services Area (244) Bay View Road Se ice Area (246) Fire Protection Ar a o. 1 (254) Women's Bay re De•artment (252) KIB Airport Fi e Area (2 4) Woodland ' cres Street L •ht Area (260) Trinity Ac -s Lighting Dist. 61) Mission ake Tide Gate (26 k Arts Council (275) 20 Fa ilities Fund (276) 21 T urism Development (277) 22 - - rn Fuller Trust (290) otal Special Revenue Funds (Revenues and Expenditures) 8-7,026 82,026 97,771 97, 751,185 7 2,485 24,000 24,000 1�89e' gp 124,057 269,700 1`0 100 52, .91 52,590 5,700 4 5,900 415,900 95,980 95,980 13,070 13,070 8,420 8,420 3,920 3, • 20 3,700 3,7 20,060 20,060 68,360 68,360 1 7 480,000 1,890,000 70,980 70,980 75,000 75,000 3,685,619 4,051,619 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Pace 5 of 7 C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 4,067,653 4,067,653 2 Debt Service - Other (310) 0 0 Total Debt Service Funds 4,067,653 4,067,653 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project - Borough, Various (410) 2 Capital Project - School Bonds, Various (426) 3 Near Island Research Building (426) 4 Capital Projects - State Grants (430) 0 0 Total Capital Projects Funds 0 0 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 4,136,005 4,136,005 2 Hospital Enterprise Fund (540) 1,660,810 1,660,810 3 Near Island Research Fund (555) 2,122,804 2,122,804 4 911 Service (560) 70,320 70,320 Total Enterprise Funds 7,989,939 7,989,939 Total all Funds $ 31,164,730 $ 31,630,524 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 6 of 7 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2008, to be used for the purposes as specified in the Budget for the Fiscal Year 2009 of the Kodiak Island Borough commencing on the first day of July 2008 and ending on the thirtieth day of June 2009 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: A. City of Kodiak 2.00 mills* B. Kodiak Island Borough 10.50 mills C. Womens Bay Road Service Area 2.00 mills D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.00 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.50 mills I. Woodland Acres Street Light Area 0.25 mills J. Service Area No. 2 0.00 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area .50 mills M. Mission Lake Tide Gate Service Area 1.00 mills *Kodiak City Ordinance Numbers 906 and 908 exempt all personal property from City of Kodiak taxation. Section 5: The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weigh less than 5 tons are exempt. Section 6: Personal property accounts (not including boats) with an assessed value of $2,500 or less will not be billed. Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established above by fund, project, and department to properly monitor, account, and report on the expenditure of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2009 -01 Page 7 of 7 ITEM NO: 9.B TITLE: Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Finapfciat Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. SUMMARY: Many of the disclosure provisions based on the AS39.50 amendments effective in 2008 as well as the 2008 Financial Disclosure Statement form impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. 'F This ordinance will add a question on the October ballot whether to exempt municipal officers from the disclosure law per AS 39.50 and instead, municipal officers will annually fill out a KIB financial disclosure statement which is similar to the form used prior to the AS 39.50 amendments. A draft copy is attached. If the proposition is approved by the voters in October 2008, KIB code sections pertaining to conflict of interest will be amended to include enforcement issues about financial disclosure similar to what was adopted by the City of Kodiak (see attached copy of the City of Kodiak code.) FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -20. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -20 Introduced by: Assembly Requested by: Assembly Drafted by: Borough Clerk Introduced: 05/15/2008 Public Hearing: 06/05/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING A BALLOT QUESTION AT THE NEXT REGULAR MUNICIPAL ELECTION TO BE HELD ON OCTOBER 7, 2008 ON WHETHER TO EXEMPT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE FROM THE STATE OF ALASKA PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW (AS 39.50), EFFECTIVE IN 2008, AND TO REQUIRE INSTEAD THAT MUNICIPAL OFFICERS AND CANDIDATES FOR ELECTIVE OFFICE ANNUALLY AND UPON DECLARATION OF CANDIDACY OR TAKING OFFICE FILL OUT THE 2007 KODIAK ISLAND BOROUGH FINANCIAL DISCLOSURE STATEMENT FORM USED PRIOR TO THE AS 39.50 AMENDMENTS, AND FOLLOW MUNICIPAL CONFLICT OF INTEREST LAWS WHEREAS, the State of Alaska Legislature adopted new statutory provisions effective in 2008 at AS 39.50 et seq., containing extensive requirements relating to the disclosure and reporting of financial and business interests of municipal officers, and prohibiting various types of conflicts of interest. Many of these provisions are applicable to municipal officers (mayor, assembly, school board, planning and zoning commission, and borough manager), unless a majority of the voters voting on the question at a general election approve an ordinance exempting its municipal officers from the requirements of AS 39.50.145. Approximately half of the local governments in Alaska have voted to be exempt from these requirements. WHEREAS, many of the disclosure provisions based on the AS 39.50 amendments effective in 2008, as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties. The new disclosure requirements may precipitate resignations by elected and appointed officials subject to its provisions and may serve to discourage persons from seeking municipal office with the Kodiak Island Borough. Adequate provisions relating to disclosure of business and financial interests and conflicts of interest by municipal officers and candidates currently exist by local ordinance and are based on use of the financial disclosures statement forms used prior to the 2008 amendments to AS 39.50. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. This ordinance is not of general application and shall not be codified. Section 2. The Municipal Officers and candidates of the Kodiak Island Borough shall be exempted from all requirements of Alaska Statutes 39.50, which was amended effective 2008, relating to disclosure of financial and business interests and conflict of interest, if the exemption is approved by the voters of the Kodiak Island Borough. Section 3. The exemption created by Section 2 of this ordinance shall apply during such times as the Kodiak Island Borough has in effect an ordinance requiring candidates, elected officials and such other officials as are designated by the Assembly, to file annually and upon Kodiak Island Borough Ordinance No. FY2008 -20 Page 1 of 2 declaration of candidacy or taking office the 2007 Kodiak Island Borough Financial Disclosure Statement form, used prior to the amendments to AS 39.50, which reasonably discloses income sources and financial interest, and has local laws prohibiting conflicts of interests by municipal officers. Section 4. An election is to be held on Tuesday, October 7, 2008 in the Kodiak Island Borough, and the following proposition shall be submitted to the qualified voters of the Kodiak Island Borough for approval or rejection. A majority of those electors qualified and voting in favor of the proposition shall be required for approval. PROPOSITION NO. 1 Shall the Kodiak Island Borough municipal officers and candidates for municipal office (i.e. mayor, assembly, school board, planning and zoning commission, and borough manager) be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak Island Borough Public Official Financial Disclosure Statement form used prior to the 2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? 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 O YES O NO KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -20 Page 2 of 2 RETURN TO: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 This report is to be filled out by the mayor, assembly members, school board members, planning and zoning commissioners, and borough manager. 2. This report is for the preceding calendar year, so include any information about financial interests held between January 1, 2008 and December 31, 2008. 3. You must show your financial interests and those held by your spouse or dependent children during the preceding calendar year. NOTE: Municipal officers are not required to disclose information about their domestic partner. 4. If you need help, call the KIB Clerk's Office at 486 -9310. SIGN THIS REPORT ON THE LAST PAGE. NAME: OCCUPATION: MAILING ADDRESS: (Current Street Address or Post Office Box) Email Address MUNICIPAL OFFICE HELD OR SOUGHT: OFFICE: TERM OF OFFICE: FROM TO TITLE: TYPE OF STATEMENT (CHECK ONE): n CANDIDATE STATEMENT Must be filed with your declaration of candidacy ❑ INITIAL STATEMENT For newly appointed municipal officials ❑ ANNUAL STATEMENT Due by March 15 SPOUSE: DEPENDENT CHILDREN: KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT Phone: (907) 486 -9310 Fax: (907) 486 -9391 Email: njavier @kodiakak.us Phone Fax Number Proposed MB Financial Disclosure Statement Page 1 of 8 SALARIED EMPLOYMENT KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE A SOURCES OF INCOME OVER $5,000 If NONE reportable: check box -a Report the name of each employer who paid you, your spouse, or dependent children more than $5,000 during calendar year 2008. Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer's Name: Name of filer, spouse, or child: Employer's Name: SELF - EMPLOYMENT If NONE reportable: check box --> Li List the name and address of each self - employment business that was a source of income of more than $5,000 for you your spouse, or dependent child during calendar year 2008. If the business is non retail, list the first and last name of each client or customer who paid the business over $5,000. Self- employment includes: sole proprietor, partnership, limited liability company, shareholder in a professional corporation, or if you held (individually or with another family member) more than 50% of the stock in a corporation. Name of filer, spouse, or child: Business Name: Retail [1 Non - Retail D (If you check non - retail, list clients /customers below.) Name of client/customer: Name of filer, spouse, or child: Business Name: Retail ❑ Non - Retail ❑ (If you check non - retail, list clients /customers below.) Name of client/customer: Proposed MB Financial Disclosure Statement Page 2 of 8 RENTAL INCOME Owner (filer, spouse, or child) DIVIDENDS and INTEREST KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SOURCES OF INCOME OVER $5,000 If NONE reportable: check box ❑ List the first name of each tenant from who over $5,000 was received during calendar year 2008. If property is located outside Alaska and managed by a person other than you, your spouse, dependent child, you may list the managing agent instead of listing each tenant. Tenant (s) If NONE reportable: check box —> ❑ Report the name of the source of all dividends interest and capital gains over $5,000 earned during calendar year 2008 such as Dean Witter Money Market Account or CD's in ABC Bank. * List the name(s)of the asset(s) (not in a retirement account) which paid you, your spouse, or child dividends, interest or capital gains of more than $ 6,000 last year such as IBM stock, etc. * (Report the assets of a retirement account or trust on page 6) Recipient (filer, spouse, or child) OTHER INCOME List each source of income over $5,000 not listed elsewhere on this statement, including income from public assistance, worker's compensation, unemployment, the name of the buyer of real property, social security, retirement, the name of the person Who paid alimony or child support, government entitlements, honoraria and shared living expenses. Recipient (filer, spouse, or child) GIFTS List the source of gifts which have a value of or cumulative value of more than $250 except gifts received from a spouse, parent, child, sibling, grandparent, uncle, niece, or nephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Recipient (filer, spouse, or child) Proposed MB Financial Disclosure Statement Name of Source of Income If NONE reportable: check box —> ❑ Name of Source If NONE reportable: check box -* ❑ Name of Source Page 3 of 8 BUSINESS INTEREST KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE B BUSINESS INTERESTS If NONE reportable: check box - ❑ Report all business interests even if they are not sources of income to you, your spouse, or dependent child during calendar year 2005. • List ownership interests of more than $5,000 as a shareholder in publicly traded stocks that are not listed elsewhere on this form. (A list of the names of publicly traded stocks such as IBM or Intel may be listed by name only on a separate page.) • List ownership interests in non - publicly traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interest in limited liability companies. • List director or officer position in profit and non- profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business' Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business' Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business' Activity: Name of filer, spouse, or child: Business Name: Business Address: Nature of Interest: Description of Business' Activity: Proposed KIB Financial Disclosure Statement Page 4 of 8 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE C REAL PROPERTY INTERESTS /RENT TO OWN REAL PROPERTY INTERESTS If NONE reportable: check box —> ❑ Report all property interest such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC, or held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description for each piece of property listed. Do not use mile post markers or post offices boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Proposed MB Financial Disclosure Statement Page 5 of 8 KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE D BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS EXCEEDING $5,000 TRUSTS & RETIREMENT ACCOUNTS If NONE reportable: check box -› ❑ Report each beneficial interest in a trust or retirement account held by you, your spouse, or dependent children that exceeded $5,000 during calendar year 2008. Retirement accounts include employee benefit accounts (pension and profit- sharing accounts), and retirement accounts (IRA, 401K, SEP or Keogh). Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property. • Name of the trustor (the person or employer who provided the funds or assets for the trust or retirement account). • If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton Growth Fund. Name of the filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets ( Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Name of the filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets ( Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Name of the filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Name of the filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Name of the filer, spouse, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor): Name of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust: Proposed MB Financial Disclosure Statement Page 6 of 8 Name of Debtor (filer, spouse, or child) Name of Debtor (filer, spouse, or child) Name of Debtor (filer, spouse, or child); Name of Debtor (filer, spouse, or child) Leaseholder Indicate: Bid, held or offer made Leaseholder Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS OF $5,000 OR MORE NATURAL RESOURCE LEASES LOANS, LOAN GUARANTEES, AND DEBTS If NONE reportable: check box -* ❑ Report the name of each creditor or lender to whom more than $5,000 was owed during calendar year 2008 by your spouse, or dependent children. List financial obligation including mortgages on property sold during calendar year 2008; loans that have been guaranteed; delinquent taxes, alimony, child support payment, medical bills, mortgage, boat and auto loans, personal loans, escrows, student loans, signature loans, and promissory notes. Loans include secured, unsecured and contingent loans, Do not report credit card obligation or revolving charge accounts. Circle whether the entity is a lender, creditor or guarantor. Name of Lender /Creditor /Guarantor Name of Lender /Creditor /Guarantor Name of Debtor (filer, spouse, or child) Name of Lender /Creditor /Guarantor Name of Lender /Creditor /Guarantor Name of Lender /Creditor /Guarantor NATURAL RESOURCE LEASES If NONE reportable: check box --› ❑ List all natural leases, including mineral, timber, or oil lease bid held or offered during calendar year 2008. Report this information for yourself, your spouse, or dependent child who was sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Nature of Lease Identity of Lease and Description Nature of Lease Indicate: Bid, held or offer made Identity of Lease and Description Page 7 of 8 Name(s) of Contractor Indicate: Bid, Held or Offer made Name(s) of Contractor Indicate: Bid, Held or Offer made Office of the Borough Clerk 710 Mill Bay Road, Room 101 Telephone 907 - 486 -9310 Fax 907 - 486 -9391 Proposed KIB Financial Disclosure Statement KODIAK ISLAND BOROUGH 2009 FINANCIAL DISCLOSURE STATEMENT SCHEDULE F GOVERNMENT CONTRACTS AND LEASES CERTIFICATION CONTRACTS AND OFFERS TO CONTRACT If NONE reportable: check box -> PI List all contracts and offers to contract with the state or instrumentality of the state or a municipality during calendar year 2008 held, bid or offered. Report this information for yourself, your spouse, or dependent children who was a sole proprietor, a partnership or Professional Corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. WHERE TO FILE THIS STATEMENT Contracting Agency /Department Contract Number and Description Contracting Agency /Department Contract Number and Description CERTIFICATION I certify under penalty of perjury that the information is this Statement is, to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE DATE Printed Name of Filer Place MUNICIPAL OFFICIALS AND CANDIDATES - File Statements with the Borough Clerk. Page 8 of 8 Return to Top of Chapter Return to Top of Page 2.0$.170 Composition of personnel board. The city council shall appoint a personnel board consisting of three members serving for overlapping two -year terms, with terms commencing on January 1. Only persons who reside • ' in the city shall be appointed. If any member ceases to reside within the city, that member shall thereupon cease to 1. a position on the personnel board. The council shall fill vacancies in unexpired terms. (Ord. 1009 § 1, 2000; Ord. 929 §5, 1992) Return to Top of Chapter Return to Top of Page 2.08.180 Duties of personnel board. (a) At the time prescribed for the beginning of the term of a newly- appointed member, the board shall elect a chairman. (b) The personnel board shall meet as often as necessary to hear grievances filed by city employees. (c) Following the hearing of a grievance, the personnel board shall render an advisory opinion based on its findings to the city manager with a copy to the aggrieved employee. (Ord. 929 §5, 1992) Return to Top of Chapter Return to Top of Page CHAPTER 2.10 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST For statutory provisions governing conflict of interest, see AS 29.20.010. 2.10.010 Report of financial and business interests 2 1 ' .020 Contents of statement 030 Modified requirements for professionals 2.10.040 Records, public 2.10.050 Refusal or failure to disclose 2.10.060 Conflicts of interest prohibited 2.10.065 Employment prohibited 2.10.070 Definitions 2.10.010 Report of financial and business interests. (a) A candidate for elective municipal office shall file a statement under oath with the city clerk, at the time of filing a nominating petition and declaration of candidacy, specifying the candidate's business interests and income sources. (b) The city manager and any appointed mayor or councilmember shall file a statement under oath with the city clerk, within thirty days after appointment to office, specifying sources of business interests and income. (c) The city manager and each municipal officer shall file a similar statement of income sources and business interests with the city clerk not later than April 15 of each year that office is held. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.020 Contents of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non - dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. An asset or liability under $500, household goods, and personal effects need not be identified. 'h) The statement filed shall include the following information relating to the municipal officer or candidate and the pr's or candidate's spouse, dependent children, and nondependent children residing with the officer or candidate: (1) The source of all income of one thousand dollars or more received as dividends or interest; (2) The source of all other income over five thousand dollars, including capital gains received during the preceding calendar year; (3) The name and address of each business entity owned or in which an interest was held during the preceding calendar year, including a statement of the nature of the interest owned or held; (4) The name and address of each business in which the municipal officer or candidate is an officer, director, manager, or employee during the preceding calendar year; (5) A description of each interest in real property and a statement of the nature of the interest owned; (6) Each loan, loan guarantee, or other indebtedness of five thousand dollars or more, including the identity of the maker of the loan and each creditor and the nature and terms of the transaction; (7) A list of all contracts, bids, or offers to contract with the city during the preceding year, including those made through a proprietorship, partnership, or corporation in which the officer or candidate or a member of their family, or a combination of them, hold a controlling interest; and (8) A list of each mineral, timber, oil, or other natural resource lease held, or lease offer made during the preceding calendar year, including those held or made by a partnership or professional corporation, or a corporation in which the officer or candidate or the officer's or candidate's spouse or children, or a combination of them, hold a controlling interest. (c) The statement shall be filed on a form prescribed by the city clerk. (Ord. 1060 §2, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.030 Modified requirements for professionals. Notwithstanding other provisions of this chapter, medical and psychiatric doctors, attorneys, and psychologists are not required to disclose as sources of income the names of individual patients or clients who receive professional services normally considered to be confidential. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. (Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.040 Records, public. All statements required to be filed by this chapter are public records. (Ord. 475 §1 (part), 1976) Return to Top ofChapter Return to Top ofPage 2.10.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by secti( 2.10.010, the candidate's filing and any accompanying fees shall be refused or, if previously accepted, shall be returned and the candidate's name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit the nomination and shall not be seated or sworn to the office for which this person is a candidate. (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading shall, upon conviction, be punished by a fine of not more than three hundred dollars, plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §4, 1998; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page 2.10.060 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 that employment. (b) A municipal officer, appointed official, or employee may not represent a client before the city council for a fee, except employee members of the unions pursuant to labor agreements. (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 a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before the municipal officer, appointed official, or employee, or with the understanding or agreement that the officer or employee will, in official capacity, act in a particular manner to produce or prevent a particular result. (d) No member of the governing body may vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to t: vote on the question, for a ruling on a request from the member with the financial interest to be excused from the vote. The decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. (e) A municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 792 §1 and §2, 1986; Ord. 576, 1980; Ord. 475 §1 (part), 1976) Return to Top of Chapter Return to Top of Page x.065 Employment prohibited. Neither the Mayor nor any member of the Council may be employed by the City in any capacity within a twelve month period immediately following the term of that individual. (Ord. 1011, 1995) Return to Top of Chapter Return to Top of Page 2.10.070 Defmitions. As used in this chapter, the following definitions shall apply: (a) "Municipal officer" means the mayor, the city manager, and city council- members. (b) "Source of income" means an employer or other person or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, the spouse or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership, or corporation shall be listed as sources of income of the person whose income is being reported, whose spouse, children, or a combination of them hold a controlling interest. (Ord. 475 §1 (part), 1977) Return to Top of Chapter Return to Top of Page CHAPTER 2.12 FIRE DEPARTMENT 010 Officers 2.12.020 Chief; appointment; qualifications 2.12.030 Chief; accountable to manager 2.12.040 Shift supervisors 2,11.2. 050 Chiefigeneralresponsibility 2.12.060 Chief; responsibility for companies 2.12.070 Chief and/or shift supervisors; drills and instruction 2.12.08.0 Chiefarson suppression 2.12.090 Notice to abate fire hazard; compliance required 2.12.100 Chief; fire records 2.12.110 Chief monthly reports tomanager 2.12.120 Chief; annual report to manager 2.12.130 Employment; qualifications 2.12.140 Employment; suspension; discharge 2.12.150 Equipment; generally 2.12.160 Equipment; purchase procedure 2.12.170 Equipment; storage 2.1.2.180 Equipment_ alarm 2.12.190 Equipment unauthorized use 2.12.200 Equipments permission required for use 2.12.210 Fire protection agreements with nearby communities 2.12.220 Equipment; assignment for use outside city 2.1 2.230 Badge 240 Vehicle; right -of -way 2.12.250 Vehicle; insignia required 2.12.260 Vehicle; driving over fire hose 2.12.270 Vehicle; parking restrictions 2.12.280 Vehicle.; following a_pparatus 2.12.290 False alarms TITLE: Contract No. FY2008 -35 Between Convention & Visitors Bureau for Services For FY2009. SUMMARY: The Kodiak Island Convention & Visitors Bureau (KICVB) has been providing destination marketing and tourism development for the Kodiak Island Borough for several years. Funding support from the Borough and the City of Kodiak has been used to support the KICVB. The Borough's bed tax revenue funds the KICVB. This contract would renew this relationship for the 2009 fiscal year. The duties to be accomplished for this period are spelled out in the attached agreement document. FISCAL NOTES: Account No.: 277 - 287 - 448 -364 Amount Budgeted: $55,000 Expenditure Required: $55,000 APPROVAL FOR AGENDA KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO: 13.A.1 the Kodiak Island Borough and Kodiak Island Destination Marketing and Tourism Development RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008 -35 with Kodiak Island Convention & Visitors Bureau for Destination Marketing and Tourism Development Services for FY 2009 in the amount not to exceed $55,000. DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska, (Borough) and the Kodiak Island Convention and Visitors Bureau (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide a Marketing Committee (KICVB Board of Directors) and one full time equivalent to focus on destination marketing and tourism development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide b. Continue to provide information about Kodiak region to the traveling public c. Maintain and staff the Kodiak Visitor Center d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs f. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy h. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents i. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry j. Develop a travel press kit to be available on the kodiak.org website, develop a distribution plan for the kit to various travel media k. Explore new employment and business opportunities related to the Kodiak visitor industry 1. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region m. Work with the Kodiak Branding and Marketing Committee to develop cooperative marketing opportunities in culinary tourism n. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry Section 3. TERM. This agreement will remain in effect July 1, 2008 through June 30, 2009, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $55,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $13,750.00 on the second Friday of July and October 2008, and January and April 2009. IN WITNESS WHREROF the parties have executed this Agreement on this day of July 2008. KODIAK ISLAND BOROUGH KODIAK ISLAND CONVENTION & VISITORS BUREAU Rick L. Gifford, Borough Manager Janet Buckingham, KICVB Director Attest: Borough Clerk A minimum of four Marketing Committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all marketing activities of the contractor will be submitted to the Borough Manager on a quarterly basis. An annual report to the Kodiak Island Borough Assembly shall be presented each spring. Achievements 2007 -2008 KODIAK Llaud Coneneon 11 Vb@ora Bureau Kodiak Island Convention & Visitors Bureau 2008 -2009 Budget Presentation and Report to the Kodiak Island Borough May 15, 2008 Our Mission: The purpose of the Kodiak Island Convention & Visitors Bureau shall be to promote sustainable development of the tourism industry throughout the Kodiak Island Borough, thereby increasing economic opportunities, jobs, and local tax revenues. The Bureau encourages travel by the public to and through the Kodiak Island Borough and maintains a continuing interest in the well -being of visitors to the area. • Completion of the Kodiak Island DVD, which is being distributed and shown for promotional purposes. To date approximately 350 DVD's have been distributed, sold or wholesaled to members for resale at their businesses. It is used for recruitment and educational purposes by many of Kodiak's largest employers including Providence Kodiak Island Medical Center, the school district and the U.S. Coast Guard. Creates another small income stream for the KICVB and our member businesses. • Completion of the Bruce Nelson postcard. This proprietary product is sold in the visitor center both retail and wholesale to our members who resell it at their businesses. Creates another small income stream for the KICVB and our member businesses. • Completed hiring of new staff. As of this summer the KICVB has a completely new team, including member services specialist Georgene Inga from Old Harbor who brings a new perspective to the KICVB on Native cultures and tourism development in the villages. • Developed new website, which will go live in the summer of 2008. The new website includes enhanced coverage of all aspects of Kodiak but special attention has been given to the villages, family travel, winter travel and recreational opportunities as well as eco- tourism such as kayaking, hiking, birding and wildlife viewing. The website will be a tool that continues to evolve along with tourism on Kodiak Island. • Committed to continued outreach to the entire Kodiak Island Archipelago and outlying villages. The Board of Directors and staff traveled to Ouzinkie on May 8 to meet with city and tribal leaders to discuss the potential for tourism in their community. This visit is the first in a series of trips to outlying communities to assist with the development of tourism and/or to educate existing businesses on marketing opportunities available through the KICVB. • Regular publication of "Bear Tracks," the informational newsletter published by KICVB. It is now consistently emailed each month to KICVB membership, government officials and interested parties. In addition to "Bear Tracks" there is regular communication with membership regarding legislative action that directly impacts tourism in the state of Alaska and Kodiak. Opportunities for advertising and other promotional opportunities are sent periodically as well. • Successful completion of a B &B Crawl. KICVB coordinated a community open house to member bed and breakfasts. • Partnered with Chamber of Commerce to Product "Cruise Ship Coupons" to help stimulate retail sales during cruise ship calls. • Created performance opportunities and revenue for nonprofit organizations in conjunction with cruise ship visit. • Coordination of media visits. KICVB coordinated a visit by the BBC in late April. The broadcasting company was in town for three days filming "Fry in America," a documentary with a very popular British actor who visited every state in the U.S. • Mailed 10,000 visitor guides worldwide from the visitor center and distributed thousands more through the statewide affiliations with other convention and visitors bureaus and agencies as well as Ted Stevens International Airport. • Attended the 2008 Great Alaskan Sportsman's Show in Anchorage and distributed 1,500 visitor guides during this three -day event. • Maintained presence with state legislature through testimony before Senate subcommittees relevant to statewide tourism budget. Also attended Southwest Alaska Municipal Conference. Maintained partnership with the Alaska Travel Industry Association. • Served approximately 7,000 visitors at the Marine Way visitor center. Kodiak Island Convention & Visitors Bureau 2008 -2009 Budget Presentation and Report to the Kodiak Island Borough May 15, 2008 Looking Toward the Future Strategic Planning Highlights: Each year the Board of Directors meets in retreat to discuss the future of tourism and priorities for the Kodiak Island Convention & Visitors Bureau. These are highlights from that retreat. Planning 1. Emphasize sustainable tourism while maintaining quality of life on Kodiak Island 2. Assess services available and needed in Kodiak for successful integration of tourism with commercial fishing and community life 3. Take a leadership role in planning tourism on Kodiak Island. Involve community in all aspects of planning and discussion. 4. Outreach to villages 5. Partner with Chamber of Commerce whenever feasible Marketing 1. Emphasize cultural tourism; improve coverage of villages in visitor guide /website 2. Emphasize activities for non - fishing visitors, e.g., hiking, bird watching, whale watching, kayaking, family travel 3. Educate members and visitors on activities /events throughout the Kodiak Archipelago Projects 1. Partner with appropriate agencies and governments to revitalize Kodiak Airport 2. Plan a Kodiak event for the 50` anniversary of Alaska 3. Encourage visitor friendly signage 4. Pursue open air arts and crafts market 5. Develop proprietary products to sell in visitor center with a goal of increasing revenue stream REVENUES Public Funding City Grant -- General Borough Grant Other Grants & Donations TOTAL PUBLIC FUNDING Membership Support Membership Dues Airport Brochure Racks Label Program Meetings & Events Fees Trade Shows -- Brochures Visitor Guide Advertising Website Advertising Walking Map Advertising TOTAL MEMBERSHIP SUPPORT Earned Income Fundraising Income Interest Income Other Revenue VIC /Retail Sales Wholesale sales Total Earned Income KODIAK 1.I..J Coerced. b %e.to . Bureau KODIAK ISLAND CONVENTION & VISITORS BUREAU D11.AF'1' Budget 2008 -2009 May 15, 2008 $ 85,000.00 $ 55,000.00 $ 140,000.00 $ 42,800.00 $ 3,360.00 $ 3,120.00 $ 1,000.00 $ 800.00 $ 72,000.00 $ 4,000.00 $ 1,120.00 $ 128,200.00 $ 10,000.00 $ 200.00 $ 2,000.00 $ 13,000.00 $ 1,800.00 $ 27,000.00 $ 140,000.00 $ 128,200,00 $27,000.00 TOTAL REVENUES $ 295,200.00 EXPENSES DRA FT Convention Development Marketing /Advertising $1,500.00 Marketing /PR $500.00 Collateral Materials $650.00 Travel $0.00 Postage $500.00 Phone $370.00 TOTAL CONVENTION DEVELOPMENT $3,520.00 Tourism Development Advertising $ 13,000.00 Marketing/Public Relations $ 6,500.00 Collateral Materials $ 1,560.00 Postage $ 6,000.00 Phone $ 3,800.00 Trade Shows $ 12,000.00 Travel $ 1,450.00 Dues & Subscriptions $ 400.00 Membership /Marketing $ 13,80(100 VIC Expenses $ 5,900.00 Visitor Guide Expense $ 50,000.00 TOTAL TOURISM DEVELOPMENT $ 114,410.00 MEMBERSHIP Collateral Materials $ 1,10(100 Postage $ 600.00 Phone $ 650.00 Membership Meeting $ 1,000.00 Travel $ 650.00 Total Membership Expenses $ 4,000.00 OPERATING EXPENSE Salaries $ 101,000.00 Benefits /Payroll Taxes $ 44,000.00 Employment Costs $ 750.00 Professional Services $ 20,52,0.00 Postage $ 985.00 Phone $ 980.00 Copier Lease $ 2,400.00 Equipment Repair $ 300.00 Fundraising Expense $ 3,000.00 Insurance $ 2,750.00 Local Meetings & Mileage $ 250.00 $ 3,520.00 $ 114,410.00 $ 4,000.00 EXPENSES (CON'T) Office Supplies $ 3,000.00 Rent & Utilities $ 6,500.00 Equipment $ 500.00 TOTAL OPERATING EXPENSE $ 186,935.00 $ 186,935.00 TOTAL EXPENSES $ 308,865.00 TOTAL REVENUES $ 295,200.00 TOTAL BUDGET DEFICIT $ (13,665.00) DRAFT FISCAL NOTES: Account No.: 100 - 160 -448 -362 Amount Budgeted: $43,000 Expenditure Required: $43,000 APPROVAL FOR AGENDA KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING TITLE: Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough. SUMMARY: The Kodiak Island Borough has participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak has been used to establish an economic development specialist position at the Chamber. This position ensures that the Kodiak Island Borough is provided with economic development expertise and support. The position is responsible for meeting planning and reporting requirements established by the Federal Economic Development Administration and for supporting the Kodiak Comprehensive Economic Development Strategy (CEDS) Committee. This contract would renew this relationship for the 2009 fiscal year. The duties to be accomplished for this period are outlined in the attached agreement document. ITEM NO: 13.A.2 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008 -36 with Kodiak Chamber of Commerce of Kodiak, Alaska in the amount not to exceed $43,000 for FY2009. ECONOMIC DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and the Kodiak Chamber of Commerce (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide economic development activities. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide an economic development committee and staff to focus on economic development planning and project development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will provide staff who will serve on the economic development committee drawn from the Kodiak Island community with representatives from the City of Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and with the Kodiak Chamber of Commerce. Staff will work with the Committee to accomplish the following tasks identified in the document, such as: a. Actively pursue business opportunities created by the completion of the Kodiak -Kenai Cable Company, LLC fiber optics project. b. Work with the Kodiak Branding and Marketing Committee in their efforts to develop and implement a marketing plan and quality assurance program for Kodiak seafood. c. Continue to facilitate the Kodiak Fisheries Advisory Council and forward recommendations on to the Borough Assembly. d. Work with the National Marine Fisheries Service, University of Alaska Fishery Industrial Technology Center, and local processors to achieve stability and diversification in the fish processing industry by encouraging secondary and value -added processing, harvesting of under - utilized species, and by maximizing by- product utilization. e. Work with the Kodiak Island Convention and Visitors Bureau to transform the visitor industry into a significant component of the Kodiak Region's economy. Provide results of data to the business community on the project that measures visitor satisfaction of travelers exiting Kodiak Island via the Alaska Marine Highway System. f Participate on the Kodiak College Advisory Council fostering their goals to provide higher education options and opportunities for Alaskans. g. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native Association, and other organizations to encourage entrepreneurship and assist small business development h. Continued participation and involvement with Southwest Alaska Municipal Conference in their efforts to bring economic stability to the region. i. Work with educational institutions, public funding entities and industry to develop a comprehensive economically sustainable fisheries research facility in Kodiak; j. Explore new employment and business opportunities related to the Kodiak Launch Complex; Section 3. TERM. This agreement will remain in effect July 1, 2008 through June 30, 2009, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $43,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $10,750.00 on the second Friday of July and October 2008, and January and April 2009. IN WITNESS WHEREOF the parties have executed this Agreement on this day of May 2008. KODIAK ISLAND BOROUGH KODIAK CHAMBER OF COMMERCE Rick L. Gifford, Borough Manager Debora King, Executive Director Attest: k. Explore ways of enhancing Kodiak's position as a regional transportation hub. 1. Assist in the economic development of Kodiak Region outlying communities. A minimum of four Comprehensive Economic Development Strategy committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all activities of the contractor will be submitted to the Borough Manager following each meeting. Borough Clerk KODIAK _ = CHAMBER OF COMMERCE April 1, 2008 Dear Rick, 100 E. Marine Way, Suite 300, Kodiak Alaska 99615 • (907) 486 -5557 • FAX: (907) 486 -7605 wwwkodiak.org • Email: chamber(kkodiak.org Rick Gifford, Manager Kodiak Island Borough PO Box 1397 Kodiak, AK 99615 Dedicated to Kodiak's Economic Future A ECEIVEfi APR 1 42008 L L ) ) KIB MANAGER Please consider this letter a request for renewal of the contract between the Kodiak Island Borough and the Kodiak Chamber of Commerce for provision of economic development services for fiscal 2009 in the amount of $43,000 per annum. Economic Development Specialist activities — fiscal 2008: • Facilitator of the Kodiak Fisheries Advisory Committee, whose mission is to assist the City and Borough with fisheries related issues. The committee has forwarded several Draft Resolutions to both local governments. It has also given valuable feedback to local representatives of the North Pacific Fisheries Management Council. • Administration of the Alaska Fisheries Marketing Board, Kodiak Island Borough, and Department of Community and Economic Development grants that provide funds for the Kodiak Branding and Marketing Committee to develop and implement a seafood quality assurance program and alternative markets for Kodiak seafood. • Held a Small Business Workshop for entrepreneurs interested in starting a business in the Kodiak Island Borough. • Provide direct assistance to local residents interested in starting a business in Kodiak. • Provision of economic data to local agencies and groups in their efforts to secure grant funding. • Organized quarterly meetings of the Community Economic Development Committee. • Provision of training services to outlying communities — participated in the final meeting to formulate a Community Plan for Ouzinkie and reviewed the draft plan before it was finalized. • Gave a presentation at the Southwest Alaska Municipal Conference as part of a fisheries marketing panel. • Facilitated a number of retailer meetings that discussed ways to increase local shopping. The Chamber of Commerce took their suggestions and started the Gold Card promotion. • Participated in two Rural Regional Leadership Forums sponsored by Kodiak Island Housing Authority. It has been a pleasure working with the Kodiak Island Borough in our joint efforts to foster economic growth and development of our community. We look forward to continuing the efforts to promote Kodiak and its growing economy. John Whiddon President Kodiak Chamber of Commerce ECONOMIC DEVELOPMENT SPECIALIST ANNUAL REPORT Kodiak Island Borough May 15, 2008 Comprehensive Economic Development Strategy (CEDS): Each year the CEDS document is updated and reviewed by the CEDS Committee. Once the resolutions are received from the City of Kodiak, Kodiak Island Borough and Kodiak Chamber of Commerce the updated document will be forwarded to US Dept of Commerce EDA. In order for communities to receive federal funding, they are required to include their Capital Improvements Projects list in the CEDS. The Chamber continues to host quarterly CEDS committee meetings. The last CEDS meeting was held in conjunction with the Rural Leadership Forum and we had approximately 30 representatives from the rural communities in attendance. Our most recent topics of discussion included Fuel Cooperatives, Rockfish pilot program, and community planning. Kodiak.orq Website Revision — Plans are underway for a major revision to the kodiak.org website. Consideration is being given to provide web advertising opportunities to members of both the Chamber and the Kodiak Island Convention and Visitors Bureau. Since January 2008 we are averaging over 2000 visits per day to the website. Southwest Alaska Municipal Conference: Deb King continues to serve on the Southwest Alaska Municipal Conference (SWAMC) board of directors. The staff, in conjunction with Northern Economics, has completed the Seafood Harvesting Labor Data Project. The project is designed to develop a 5- year database of seafood harvesting labor data for state and federal waters. Future projects include the Southwest Alaska Rural Energy Project, Project for Environmental Preservation in Southwest Alaska, and Seafood Supply Chain Analysis. I gave a presentation at the SWAMC annual conference that focused on regional seafood marketing. Kodiak Branding and Marketing Committee: Work continues with the Kodiak Branding and Marketing Committee and the "Star of Kodiak" Quality Assurance Program. We received funding from the Alaska Fisheries Marketing Board and from the Kodiak Island Borough to continue the program. The Star of Kodiak video produced by Kodiak Resource Development has been used to promote the program and Kodiak wild salmon at numerous events. Last summer the program sponsored the 1 Salmon of the Season Celebration, a reception for a film crew from China, and attended the Global Food Alaska Expo in Soldotna. Recent Star of Kodiak events include Bill Barker's educational tour of the upper Midwest and sending a delegation to a meeting of the food purchasers of Casinos in the Pacific Northwest. The committee is currently working on a Salmon Celebration in the Pacific Northwest that will focus on the sustainability of Kodiak's fisheries. Small Business Workshop: On April 21 -23 I held a small business workshop with support from Kodiak College. The workshop received very favorable reviews from the 12 participants in attendance. Some of the topics covered included writing a business plan, financing your business, city sales tax, advertising, and small business accounting. We look forward to offering this workshop every two to three years to help foster the entrepreneurial spirit in Kodiak. Retail Meetings: Since last July I have held approximately 10 meetings with local retailers. From these meetings we instituted a shop local campaign. The highlight of the campaign was the Kodiak Gold Card, which a customer purchases and is then eligible for discounts. We currently have over 30 businesses participating in the program. Comfish Committee: I have attended a number of Comfish Committee meetings. The event has experienced lower participation from businesses, fishermen and the general public over the past number of years. The committee is tasked with finding ways to make the event more relevant to the needs of today's fishermen and become break -even at the same time. Kodiak College Advisory Council: Deb King continues to participate as the president of the Kodiak College Local Advisory Council, which meets on a monthly basis. The Local Advisory Council participated in the development of the College Facilities Master Plan, Showcase for Excellence and Commencement. Input from the group helps shape the focus and strategy of the College. Kodiak Fisheries Advisory Committee: I have facilitated 12 meetings of the Kodiak Fisheries Advisory Committee, a joint committee of the City of Kodiak and Kodiak Island Borough. The committee is made up of 18 appointed seats from all sectors of the fishing fleet and local community. The committee discusses issues facing the fisheries and possible effects they may have on the community. Over the past year the committee has forwarded draft resolutions on the need for a labor database for crewmen, a resolution urging crewmen be included in the NPFMC BSAI Crab discussions, and are currently working on a resolution asking for federal funding of the observer program. The committee continues to be a valuable venue for the exchange of information and ideas between the different sectors of Kodiak's fishing community. 400.0 - 350.0 300.0 Commercial � Seafood Harvest Value & Volume Port of Kodiak 1990 - 2006 lbs. (mil) - —Total $ (mil.) —• —Total 250.0 200.0 150.0 100.0 - 50.0 § a 3 3 3. m 1 rn 0f 0°)i 1 N S N S o N N i N 1 N o° N CHANGES IN THE AREA ECONOMY SEAFOOD (2007 Data Available in late June) Kodiak is consistently one of the top three fishing ports in the United States. The 2006 ex- vessel value of all fish coming into Kodiak was $106.2 million, up from $95.2 million in 2005, and volume in 2006 was 380.9 million pounds, up from 366.3 million pounds the year before. Although whitefish prices are very strong on the world market and the weak dollar has made our products very competitive overseas the rising costs of fuel may nullify any benefit the local fleet would have seen from the increases. Prospects continue to appear competitive for Alaska's salmon industry because of the large supply of farmed salmon in the world salmon markets. The expansion of the farmed salmon market has led to a decrease in the value of salmon permits and a lesser demand for the more expensive "wild" grown product. Kodiak's Top Employers — 2007 Name Employment 1 KODIAK IS BORO SCHOOL DIST 462 2 FEDERAL GOVERNMENT * 342 3 INTL SEAFOODS OF AK INC 251 4 TRIDENT SEAFOODS CORPORATION 250 5 OCEAN BEAUTY SEAFOODS 222 6 PROVIDENCE HOSPITAL 218 7 NORTH PACIFIC SEAFOODS INC 217 8 STATE GOVERNMENT 194 9 KODIAK CITY OF 159 10 SAFEWAY INC 139 11 WAL -MART ASSOCIATES INC 126 12 KODIAK AREA NATIVE ASSOC 119 13 GLOBAL SEAFOODS NORTH AMERICA LLC 102 14 UNITED STATES SEAFOODS 81 15 UNIVERSITY OF ALASKA 79 16 MC DONALD'S 60 17 KODIAK SUPPORT SERVICES 59 18 ICICLE SEAFOODS INC 52 19 BRECHAN ENTERPRISES INC 51 20 KODIAK INN INC 47 20 ISLAND FISH CO LLC 47 EMPLOYMENT Kodiak's average annual unemployment rate in 2007 decreased to 6.0% from 7.7% reported in 2006. The average number of jobs increased from 5712 to 5816 in 2007 and the size of the active work force increased to 6190 from 6167 in 2006. The unemployment rates for 2007 went from a low of 4.6% in August to a high of 9.4 % during December. These wide fluctuations in employment continue to be a challenge for the community. * The large gain in Federal Employees is due to under reporting by the state in previous years of Federal Employees on the Coast Guard base. Notes: USCG Personnel and commercial fishermen are not included. Cost of Living Several studies exist for the purpose of comparing the cost of living between cities in Alaska and around the country. Because of differences in methodologies used to determine cost of living statistics, each survey shows a different result when comparing costs between locations. 150 140 130 120 110 100 90 80 123.4 Comparative Cost of Living 1st Quarter 2008 ACCRA Survey 126.6 133.3 100 Kodiak Anchorage Fairbanks Juneau Nat'l Ave. (Juneau did not report 1st quarter data) In the American Chamber of Commerce Researchers Association (ACCRA) cost of living study, a standardized list of 58 items is priced during a fixed period of time. The average price data for each reporting city is then converted into an index number which is used for comparative purposes. The data compares approximately 300 urban areas. It does not take into account local tax burden or income levels, and is only intended as a comparison of prices relative to a national average. Three Alaskan cities are included in the most recently published ACCRA study: Anchorage, Fairbanks, and Kodiak. Juneau has reported sporadically over the years, but didn't report last quarter. Kodiak Island Borough Population 1987 -2007 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 , ■.,, I I I I, , I I I, I, ■ V I I I I I I I I I l I I I I I■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■I■ VIII ■ ■ ■■ ■ ■ ■ ■ ■I ■■ 0 0 N Source: AK • b 9 9' Oti 9 0 0 0 9 RP cP 0 O' 0 O O Co 0 0 40 0 1 N N ^°' 10 0 ^°' N N9 46 41 ,10 4 do 4 40 4 1 0 Dept of Community & ficonontic Development POPULATION According to the Alaska Department of Labor, the estimated 2007 population of the Kodiak Island Borough is 13,568, going up slightly from the estimated 2006 population of 13,506. Population has remained virtually steady since 1997 when the estimated population was 13,648. School population has remained virtually steady over the last 2 years (2650) with a slight increase in population in the village schools. BANK DEPOSITS Bank deposits held steady in 2007 at approximately $141 million. This includes deposits from Kodiak's three commercial banks. Because this is a "snapshot" taken on June 30th of each year, it may not accurately reflect the economic situation brought about by the variability of the different fishing seasons. SALES Gross sales receipts for the City of Kodiak increased by 6.5 %, going from just over $362 million in 2006 to over $385 million in 2007. Retail sales to consumers increased going from approximately $142.6 million in 2006 to $152.4 million in 2007 an increase of 6.9 %. $130,000,000 $120,000,000 $110,000,000 $100,000,000 $90,000,000 $80,000,000 $70,000,000 S60,000,000 $50,000,000 $40,000,000 City of Kodiak Total Sales Receipts 1st quarter 1994 to 4th quarter 2007 quarterly receipts 4 quarter average ,,,,,,,,,,,,,,,,,,11 „ 1111, le P CO W 0 r N l9 O 10 t0 1- 0 (0 0) of O O O O O O O . .b .b .b bb b .b b b b b IT a a a Ir 0' er I: Cr 17 Ir fA a a w N w W (0 w 0 0 w w a PROPERTY VALUES Property assessments have increased from last year due to new construction and other property just now becoming taxable. A consistent pattern of reappraisals, and the standardization and increased quality of both the real and personal property rolls has continued. Taxable value of real and personal property for FY2008 is $836,447,789 an increase of $27,211,387 (3.3 %) over FY2007's value of $809,236,402. KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO:13.B.1 TITLE: Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. SUMMARY: Kodiak Island Borough Code 2.16.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest. The attached list of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -37. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -37 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE RECORDS MANAGER TO DISPOSE OF CERTAIN KODIAK ISLAND BOROUGH RECORDS Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Records Manager Introduced: 06/05/2007 Adopted: WHEREAS, Resolution No. 95 -01 and amendments provides the minimum retention requirements for specific records; and WHEREAS, the department directors have reviewed and authorized the destruction of the specific records attached to this resolution; and WHEREAS, Kodiak Island Borough Code 2.16.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest; and WHEREAS, with the exception of the CD -10, FI -39, and PE -10 documents which are covered by the Exxon Valdez retention order, and which should be retained, and WHEREAS, the attorney found no other documents on the list which have unusual legal, administrative, or historical interest; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The attached lists of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. Section 2: These records may be destroyed as provided by Kodiak Island Borough Code 2.16.200.B. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH Nova M. Javier, CMC, Borough Clerk Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -37 Page 1 of 4 Ts a..rf _. t C -06 +fit f - , v ,.. _. 3 4 +acxxx -. a ssembly Meeting Tapes r ,y °' s .. " . x ;:. { '^s- } ; .-t Assembly Meeting Video /Audio Tapes — FY2002 • R .it . 4 E -7 -03 BC -06 Assembly Meeting Tapes Assembly Meeting Video /Audio Tapes — FY2003 E -6 -05 BC -09 : orough, Boards, Committees & Commissions KIB Bond Committee FY2003 Clerk's Office i BC -31 Emergency Services Council Findings and Commission Members Clerk's Office EL -07 BC -43 Licenses, Liquor Applications — FY 2004 Clerk's Office BC -43 Licenses, Liquor Applications — FY2001 Clerk's Office BC -51 Licenses, Games Applications — FY 2001 Clerk's Office BC -51 Licenses, Games Applications — FY2005 Clerk's Office BC -56 Petitions Manager Plan of Govt. Referendum Petitions — FY 2001 Clerk's Office BC -61 Travel Accounting Mayor Travel — 4/2004 Clerk's Office BC -61 Travel Accounting Assembly Travel — FY2005 Clerk's Office :kw.w EL -01 5 v. +3..+`K �3+untst`' �.�> Voted Ballots Fs �� "r'9aae� ^^ss- zs•�r".Q`_ .- x +3eaY w Municipal Election — October 2007 k.. 9 Hall EL -01 Voted Ballots Municipal Election — October 2007 all EL -04 Election Registers and Tally Books Precinct Tally Books — FY2004 Clerk's Office EL -04 Election Registers and Tally Books Special Election — April 2004 Clerk's Office EL -07 Declarations of Candidacy Candidate Records — Municipal Election — FY2004 Clerk's Office EL -08 Financial Disclosure Statements Assembly, School Board, and P &Z Commission — FY2001 Clerk's Office EL -08 Financial Disclosure Statements Conflict of Interest Statements — FY2002 Clerk's Office EL -13 Election Official's Records Recruitment Materials, Interest Letters, Training Notes FY2004 Clerk's Office Parent Files Family Eligibility Files — FY2001 DC- Financial Reporting 03/04/07 IDC - Parent Files rovider Files Kodiak Island Borough, Alaska Family Eligibility Files - FY2001 Financial Billing — FY2000 -2001 Grant Administration Files — FY2000 -2001 Statistical Information — FY2000 -2001 Rate Sheets, Child Care Charges, Policies — FY2001 -7 -13 -7 -01 Resolution No. FY2008 -37 Page 2 of 4 CD -04 CD -04 CD -04 CD -04 CD -04 CD -04 CD -04 CD -04 CD -04 Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Audio Cassette Tapes of Committee Meetings Agenda Faokets Agenda Baskets Junk Removal Files Kodiak Island Borough, Alaska Planning & Zoning Meetings - 7/2004 6/2005 all Audio Planning & Zoning Meetings - 9/2001 5/2002 - all Video Planning & Zoning Meetings - 4/2001 - 5/2001 - Hall ,Video } ATV Committee Meeting Cassette Tapes - 2/2002 - Hall 2/2003 Parks & Rec Meetings - 7/2004 - 6/2005 Hall 'A Planning & Zoning Meetings - 11/2004 - 12/2004 all Video f Planning & Zoning Meetings - 7/2003 - 5/2004 all a Audio Planning & Zoning Meetings - 11/2003 - 5/2004 Hall Audio Parks & Rec Meetings - 7/2002 - 3/2003 Hall (A t 'e t woi^ 992 t he C omin i sio F-Y -'1943 Correspondence, Reports, Photos, Ownership Files Related to Removal of Junk, Including Vehicles - FY2001 Journal Vouchers 'roperty Tax Accounting I' roperty Tax Accounting ' roperty Tax Accounting ' roperty Tax - Tax Foreclosure tility Monthly Reports • ccounts Payable • ccounts Payable Accounts Payable • ccounts Payable ccounts Payable • ccounts Payable ccounts Receivable ax Billing, Payments, Adjustments - FY2000 ax Billing, Payments, Adjustments - FY1999 ax Billing, Payments, Adjustments - FY2001 1996/97 - Mortgage Information Y1998 Service Co. Information aster List by Account Number - FY2001 opies of Invoices - FY2001 Copies of Invoices - FY2001 opies of Invoices - FY2001 Copies of Invoices - FY2001 Copies of Invoices - FY2001 Copies of Invoices - FY2001 A -6 -15 I -07 I -07 I -07 FI -13 A -2 -13 -2 -13 -3 -13 A -1 -10 A -5 -13 Resolution No. FY2008 -37 Page 3 of 4 FI -14 Accounts Receivable Second Copy of Cash Receipts — FY2001 A -4 -16 FI -15 Accounts Receivable Daily Record of Cash Receipts — FY2000 IA -1 -20 FI -15 Accounts Receivable 'Daily Record of Cash Receipts — FY2001 A -6 -13 FI -15 Accounts Receivable aily Record of Cash Receipts — FY2001 A -7 -13 FI -15 Accounts Receivable aily Record of Cash Receipts — FY2000 A -3 -14 FI -15 Accounts Receivable Daily Record of Cash Receipts — FY2001 A -4 -14 FI -15 Accounts Receivable aily Record of Cash Receipts — FY2001 A -2 -14 FI -19 : ank Reconciliation Statement Statements of Account Activity, Reconciliation — 1999 - 2001 A -2 -16 FI -33 Baler Monthly Acct. Reports IFY2001 A -6 -14 FI -33 Baler Monthly Acct. Reports FY2001 ' -5 -14 FI -34 Sanitation Monthly Acct. Reports Consumption Reports, Aging, Payments, Adjustments A -7 -14 FI -39 Severance Taxes Severance Tax Forms Filed w /Borough — FY1992 - 1996 Hall EI34 se -T�es :. -•• . - . _ FI -42 JE Edits Check Register by Details, Manual Void Checks — FY2006 Hall IMG -01 Manager's Admin Files Correspondence — FY1997 Manager's Admin Files 1MG -01 Manager's Admin Files 'Correspondence — FY1998 C orrespondence — FY1997 I-7-11B I -7 -11A I -4 -11 Mayor's Admin Files Correspondence — FY1998 These records totaling cu. ft. were destroyed on Kodiak Island Borough, Alaska Resolution No. FY2008 -37 Page 4 of 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2008 -38 Authorizing the Approval of a Renewed Short-Term Lease and Material Sales Agreement With Brechan Enterprises, Inc. For Tracts B1, B2, B3, and B4- A, Bells Flats Alaska Subdivision. SUMMARY: The Kodiak Island Borough and Brechan Enterprises have entered into a material site agreement for gravel extraction on the `B' tracts located in Womens Bay. The material found at this site is a valuable source of aggregate for the concrete and asphalt produced on the island. The value of this material and its limited supply have been identified by the Kodiak Island Gravel Taskforce who have investigated, sampled, and tested other aggregate at alternative sites on the road system only to find that the material on the B tracts provide the best quality material that is readily available. The Womens Bay community has expressed concerns about the operation and has identified the need for some base -line hydrology, future reclamation, and some operational changes that would lessen the impact of the operation on the neighborhood. To proceed with negotiations for a long -term lease, KIBC 18.20.130 requires an appraisal of the property and, since this appraisal was just received, it is not possible to give the Assembly a lease and material sales contract for a Tong -term lease, which complies with Resolution FY2007 -39 prior to the expiration of the short term lease. Therefore, staff recommends granting Brechan Enterprises a one year extension to the existing lease to expire on June 30, 2009. During this time period staff and Brechan Enterprises will finalize a long term lease and material sales agreement. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to renew for not more than one year, on the same terms, the short -term lease and material sales contract with Brechan Enterprises, Inc. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -38 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Attomey Introduced: 06/05/2008 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF A RENEWED SHORT -TERM LEASE AND MATERIAL SALES AGREEMENT WITH BRECHAN ENTERPRISES, INC. FOR TRACTS B1, B2, B3 AND B4 -A, BELLS FLATS ALASKA SUBDIVISION WHEREAS, in Resolution FY2007 -40, the Borough Assembly authorized the Borough Manager to negotiate directly with Brechan Enterprises, Inc., a short-term lease for full and true market value of an 84.38 acre portion of borough land described as Tracts B1, B2, B3, and B4 -A, Bells Flats Alaska Subdivision for the purpose of resource extraction; and WHEREAS, the Borough Manager presented to the Assembly a lease and material sales contract for a one year term which expires on June 30, 2008; and WHEREAS, to proceed with negotiations for a long -term lease, KIBC 18.20.130 requires an appraisal of the property and, since this appraisal was just received, it is not possible to give the Assembly a lease and material sales contract for a Tong -term lease, which complies with Resolution FY2007 -39; NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to renew for not more than one year, on the same terms, the short-term lease and material sales contract with Brechan Enterprises, Inc. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008. Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -38 Page 1 of 1 Introduced by: Requested by: Drafted by: Introduced: Adopted: Manager Gifford Manager Gifford Planning & Zoning Com. June 7, 2007 June 7, 2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 - 39 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING AN 84.38 ACRE PORTION OF BOROUGH LAND, DESCRIBED AS TRACTS B1, B2, B3 AND B4 -A, BELLS FLATS ALASKA SUBDIVISION AS SURPLUS TO BOROUGH NEED, AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE DIRECTLY WITH THE PETITIONER FOR A DISPOSAL OF BOROUGH LAND BY LEASE FOR FAIR MARKET VALUE WHEREAS, KIB Code 18.20.120 allows the Borough Assembly to authorize the Borough Manager to negotiate directly with parties requesting a disposal of interest in Borough land; and WHEREAS, KIB Code 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, KIB Code 18.60.010 allows the Borough Assembly to approve contracts for the sale of "materials" owned by the borough; and WHEREAS, KIB Code 18.40.010 allows the Borough Assembly to establish specific leasing procedures by resolution; and WHEREAS, the Planning and Zoning commission, determined by resolution that Tracts B1, B2, B3, recommended a disposal by lease for fair market recommended that the Assembly include in the planning and community objectives; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT after holding a public hearing on the request, and B4 -A are surplus to borough need and value subject to certain stipulations that are proposed lease agreement to meet certain Section 1: That an 84.38 acre portion of borough land described as Tracts B1, B2, B3 and B4 -A, Bells Flats Alaska Subdivision is hereby declared surplus to the borough's need and authorized for disposal to the petitioner Brechan Enterprises, Inc., by lease for full and true market value for the purpose of resource extraction. Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a short-term lease, which includes a material sales contract, with similar terms and conditions as in the current lease and other relevant provisions of KIBC Title 18. The short -term lease and materials sales contract will be presented to the Assembly for their approval. Section 3: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a long -term lease, which includes a material sales contract, in accordance with relevant provisions of KIBC Title 18. The long -term lease and material sales contract will be presented to the Assembly for their approval. Section 4: The Assembly hereby acknowledges the stipulations that were recommended by the Planning & Zoning Commission and request the manager to consider these items during the negotiation of the long -term lease. Kodiak Island Borough, Alaska Resolution No. FY2007 -39 Page 1 of 2 ATTEST: A reclamation plan, subject to approval by the Assembly, shall be developed in the initial five (5) year lease period as part of this disposal to provide for the reclamation of the lease area at the time resource extraction activities are to be concluded. The process of reclamation should be phased in over time for areas no longer subject to active extraction activities. 2. The lessee is required to coordinate with the appropriate regulatory agencies with regard to extraction and reclamation activities to ensure compliance with existing regulations affecting the extraction use and the potential impact of that use on surrounding habitat and residential areas. 3. The minimum extraction depth of the existing lease agreement will be restated in a new lease agreement as a maximum extraction depth subject to Assembly approval through lease negotiation. 4. A hydrologic plan be developed for this site and be revisited on a regular basis through the terms of the lease. 5. The lease shall be for a period of five (5) years with two three (3) year renewals at the discretion of the Assembly. 6. The Assembly may permit a "temporary lease" of the lease area, under the provisions of the existing lease agreement, for a period not to exceed six (6) months from the normal expiration of that agreement on June 30, 2007, in order to allow for the full negotiation of a successor lease agreement. Should a lease agreement not be approved by the Assembly after this time, extraction operations will cease after December 31, 2007 and the demobilization requirements of the existing lease agreement for the site will be in effect at that time. 7. Hours of operation (per Brechan Enterprises, Inc. letter a.m. to 7 p.m., Monday through Saturday, with no work on 8. The buffer zones, laid out in the Brechan Enterprises, Inc. shall be maintained and kept in a topography that surrounding area. March 1, 2007) shall be 7 Sundays. letter dated March 1, 2007, blends smoothly into the 9. All prudent efforts shall be used to minimize the noise level during operations. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JUNE 2007 Nova M. Javier, CM , Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BORO GH Jerome M. Selby, Resolution No. FY2007 -39 Page 2 of 2 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF A SHORT -TERM LEASE AND MATERIAL SALES AGREEMENT WITH BRECHAN ENTERPRISES, INC. FOR TRACTS B1, B2, B3 AND B4 -A, BELLS FLATS ALASKA SUBDIVISION WHEREAS, in Resolution FY2007 -39, the Borough Assembly declared surplus to the Borough's need and authorized the Borough Manager to negotiate directly with Brechan Enterprises, Inc., a short -term lease for full and true market value of an 84.38 acre portion of borough land described as Tracts 61, B2, B3 and B4 -A, Bells Flats Alaska Subdivision for the purpose of resource extraction; and WHEREAS, in Resolution FY2007 -39, the Borough Assembly established specific leasing procedures for this matter under KIB Code 18.40.010; and WHEREAS, the Borough Manager has presented to the Assembly a lease and material sales contract for a one year term, which complies with Resolution FY2007 -39; NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to execute the short -term lease and material sales contract with Brechan Enterprises, Inc. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY SIXTH DAY OF JUNE, 2007 Nova M. Javier, ' C, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -40 KODIAK ISLAND BOROUGH Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Attorney Introduced: 06/26/2007 Amended: 06 /26/2007 Adopted: 06/26 /2007 Jer: me M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -40 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO:13.B.3 TITLE: Resolution No. FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. SUMMARY: The Borough has received $94,666.77 in contributions for a new BMX track from several different organizations over the years, and there is still $45,391 of available funds in this project. Inasmuch as work has ceased on the BMX track, remaining funds will be disbursed in accordance with the schedule reflected in the Resolution. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -39. SUBSTITUTE VERSION Introduced by: Manager Gifford Requested by: Bill Hinkle Drafted by: Finance Director Karl Short Introduced: 06/05/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -39 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REFUNDING CONTRIBUTIONS FROM ORGANIZATIONS AND INDIVIDUALS FOR CON.STR.UCTION OF A BMX TRACK. WORK ON THIS PROJECT HAS CEASED. I WHEREAS, the Kodiak Island Borough received $94,666.77 in contributions for a new BMX track from several different organizations and individuals over the ears; and . - �1 4 J6r Deb 04,^ -ot o� , WHEREAS, there is a balance of $45,391 of available funds for this project; and WHEREAS, work on the BMX track has ceased; Nova M. Javier, CMC, Borough Clerk NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the following funds will be refunded as follows: Donator Refund To Amount SK8Board Cycling Assoc. $ 952.77 CHAR CHAR 5,000.00 Elks Elks 8,000.00 Lions Lions Club 12,964.00 Nielsen Cycling Assoc. 2,750.00 City of Kodiak City of Kodiak 10,000.00 Total $ 39,666.77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2008 -39 Page 1 of 1 CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -39 Introduced by: Manager Gifford Requested by: Bill Hinkle Drafted by: Finance Director Karl Short Introduced: 06/05/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REFUNDING CONTRIBUTIONS FROM ORGANIZATIONS AND INDIVIDUALS FOR CONSTRUCTION OF A BMX TRACK. WORK ON THIS PROJECT HAS CEASED. WHEREAS, the Kodiak Island Borough appropriated $55,000 from the General Fund; and received $39,667 in contributions from several different organizations and individuals over the years for a new BMX track; and WHEREAS, the total budget of this project is $94,667; and WHEREAS, $49,275 of this budget has been spent; and WHEREAS, there is a balance of $45,392 of available funds for this project; and WHEREAS, work on the BMX track has ceased; NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the following funds will be refunded as follows: Donator Refund To Amount SK8Board Cycling Assoc. $ 952.77 CHAR CHAR 5,000.00 Elks Elks 8,000.00 Lions Lions Club 12,964.00 Nielsen Cycling Assoc. 2,750.00 City of Kodiak City of Kodiak 10,000.00 Total $ 39,666.77 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 -39 Paae 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -39 Introduced by: Manager Gifford Requested by: Bill Hinkle Drafted by: Finance Director Karl Short Introduced: 06/05/2008 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REFUNDING CONTRIBUTIONS FROM ORGANIZATIONS AND INDIVIDUALS FOR CONSTRUCTION OF A BMX TRACK. WORK ON THIS PROJECT HAS CEASED. WHEREAS, the Kodiak Island Borough received $94,666.77 in contributions for a new BMX track from several different organizations and individuals over the years; and WHEREAS, there is a balance of $45,391 of available funds for this project; and WHEREAS, work on the BMX track has ceased; NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the following funds will be refunded as follows: Donator Refund To Amount SK8Board Cycling Assoc. $ 952.77 CHAR CHAR 5,000.00 Elks Elks 8,000.00 Lions Lions Club 12,964.00 Nielsen Cycling Assoc. 2,750.00 Total $ 29,666.77 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 -39 Page 1 of 1 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award ►1 Amendment ❑ _ 4. Employer Tax ID # 92- 003085 Amendment# 5. Recipient Address Kodiak Island Borough 11 442 Mill Bay Road Kodiak Island Borough, Alaska 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak-prepared.com . 7. Recipient Project Manager: Ken Smith Phone: 907 - 486 -9341 Fax: 907 - 486 -9394 Email: ksmith@kib.co.kodiak.ak.us kib.co.kodiak.ak.us 8. DHS &EM Project Manager: Mark Roberts Phone: 907 - 428 -7016 Fax: 907 - 428 -7009 Email: mark.roberts @alaska.gov 9. Effective Date of This Action May 5, 2008 10. Method of Payment: Electronic 11. Grant Award and Deliverables (See following two pages and Sub - Grantees' Handbook) Total Awarded Amount: $75,490.00 Grant #: 1663.0009 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. See Attachment rifApplicable Applicant will adhere to the original HMGP project application, scope of work and project budget Any changes must be approved by DHS &EM. 13. Grant Requirements, Assurances and Agreements: (continued on reverse side of Agreement) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer icer Tf A /tom✓► Printed Name: Karleton Short, Finance Director Date: S- -21- 0 t Phone: 907 - 486 -9320 Fax: 907 - 486 -9399 Email: kshort@kib.co.kodiak.ak.us 16. Signature of Local Jurisdiction's Signatory Official Printed Name and Title: Rick Gifford, Kodiak Island Borough Manager Date: Phone: 907 - 486 -9301 Fax: 907 - 486 -9399 Email: kgifford @kib.co.kodiak.ak.us 17 S &E Signatory Official (Name and Title) n oh o t . Madden, , Governor Aut orized Representative Date �O K i DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for Hazard Mitigation Grant Program Grant No. 1663.0009 Revised Jan 2006 11. The total allocation of the 2006 August Flood Disaster awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $649,200.00 under Federal Grant DR - 1666, CFDA #97.039. The Kodiak Island Borough has been awarded $75,490.00, which shall be used to support activities essential for Kodiak Island Borough Hazard Mitigation Projects. If the cost of the project at the time of termination is less than the awarded amount, the actual cost will be substituted above. DHS &EM shall not be obligated to disburse more than the above amount unless that additional amount has been approved in advance by both DHS &EM and the SUB - GRANTEE and is incorporated by written amendment to this Grant Agreement. The performance period of this award ends on December 31, 2009 Project deliverables identified in the approved project scope of work must be completed by this date. 11.1 Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Reports to the Project Manager at DHS &EM. The most current blank forms are attached and may be reproduced. Quarterly reports are due: Q1 October 1 — December 31 Report due January 20 (Include annual Property inventory Report) Q2 January 1 — March 31 Report due April 20 Q3 April 1 — June 30 Report due July 20 Q4 July 1 — September 30 Report due October 20 Narrative reports shall compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Include any significant events or activities. Financial reports shall show receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. 11.2 Time of Performance: The Sub - Grantee shall complete the project within the performance period as stated above. The Sub - Grantee may request that DHS&EM extend the deadline for grant agreement completion in the event of extenuating circumstances. All requests must give a detailed justification in writing. 11.3 Reimbursements: See Sub - Grantees' Handbook, p. 6. Expenditure reimbursement may be requested at any time. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.). Payroll reports that capture this information, signed and certified by the Chief Financial Officer, are also acceptable. Copies of all contracts for services shall be submitted to DHS &EM. Contract deliverables must meet the intent of the grant application and grant requirements. Staff may not self - certify their own time and wages. Cash payments may be withheld pending correction of deficiencies in required reports. Indirect costs are not allowed. 11.4 Advance of Funds: See Sub - Grantees' Handbook, p. 6. 11.5 Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit a final report and DHS &EM form 30 -04HM. DHS &EM will conduct final inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right to withhold disbursement of final payment to the Sub - Grantee until the project has been completed and given final approval by DHS &EM. 11.6 Penalty for Non - Compliance: Reimbursements may be partially or wholly withheld, or the award may be wholly or partly suspended, or terminated for the reasons listed below. DHS &EM shall notify the Kodiak Island Borough of its decision in writing 30 days prior to any such termination The Kodiak Island Borough must respond within 5 days of receipt of the notification. 11.6.1 Unwillingness or inability to attain project goals 11.6.2 Unwillingness or inability to adhere to Special Conditions listed in Block 12, if applicable 11.6.3 Inability to adhere to grant guidelines and federal compliance requirements 11.6.4 Improper procedures regarding contracts and procurements 11.6.5 Inability to submit reliable and /or timely reports 11.6.6 Any misrepresentation, error, or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. 11.7 Sub - recipient Monitoring Policy: DHS &EM reserves the right to periodically monitor the Kodiak Island Borough's financial policies and procedures, records, systems, means of allocating and tracking costs, maintenance of current financial data, procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), program operations, and other concerns relative to this award. This may include desk and field audits. Technical assistance is available from DHS &EM staff. 11.8 Conflict of interest: No officer or employee of DHS &EM; no member, officer, or employee of the Sub - Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub - Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. The Sub - Grantee must certify they comply with the State of Alaska "Ethics Information for Members of Boards and Commissions, and that they comply with AS 39.52. Available at http: / /www.law. state. ak .us /pdf /ethics /b &cbooktext.pdf. 11.9 Political Activity: No portion of the funds provided herein may be used for any partisan political activity. 11.10 Changes to Award: The Sub - Grantee or DHS &EM may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by DHS &EM and the Sub - Grantee. All change requests must be submitted in writing or electronically to the Project Manager for review and approval, accompanied by a narrative justification and spending plan. Changes must be consistent with the scope of the project and grant guidelines. Revisions to the Scope of Work, extension of the performance period, changes in key persons specified in an application or the grant award, contractual services for activities central to the purposes of the award, requests for additional funding will result in an amendment to this award. 11.11 Waivers: No conditions or provisions of this Grant Agreement can be waived unless approved by DHS &EM in writing. 11.12 Non - reimbursable Expenses: Indirect costs are not allowable under this grant. 11.13 Administrative Allowance: The Sub - Grantee is eligible to receive federal administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified in 44 CFR Section 13 Subpart C. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant. Administrative costs are based on the following percentages of total net eligible costs: For the first $100,000 of net eligible costs, three percent of such costs. For the next $900,000, two percent of such costs. For the next $4,000,000, one percent of such costs. For those costs over $5,000,000, one -half percent of such costs. The Sub - Grantee must retain records of how the Administrative Allowance is spent and must submit quarterly reports on total expenditures. The applicant's records need not be submitted; however they must be retained by the applicant for three (3) years beyond date of closeout for the disaster. These records are subject to audit. 13. We, the Signatory Officials, do hereby assure and certify: 13.1 The performance period for this grant award is May 5, 2008 through December 31, 2009. Funds may not be obligated outside of this time period. 13.2 All expenditures must be certified and signed by the responsible financial officer indicating that such expenditures have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. 13.3 Any contract entered into during this grant period shall comply with local, state and federal government contracting regulations. 13.4 Records shall be maintained for a period of three (3) years following the date of the closure of the disaster, or audit if required. 2 13.5 As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB CircularA -133. The sub - recipient will permit the State of Alaska Project and Program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB CircularA -133. Copies of audit findings must be submitted to DHS &EM within 30 days after the sub - recipient receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. The Federal ncy name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency will be included. The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with L.,obying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 13.7 Procurement shall comply with local procurement policies and procedures, and confomi to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 28 CFR Parts 66 & 70, and OMB Circular A-102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments ". Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Sole- source procurements and all purchases in excess of $100,000 require prior approval of DHS &EM. 13.8 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 13.9 Our agents will perform all obligations under this Grant Agreement as independent contractors and not in any manner as agents of DHS &EM. 13.10 This Hazard Mitigation Project Grant shall be governed by, and we will comply with, all applicable provisions of Alaska Statutes, Alaska Administrative Code, 44 CFR and DHS &EM policies and guidelines, including the Administrative Plan. 13.11 We will protect, save, and hold harmless DHS &EM and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub - Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. We further agree to defend DHS &EM and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of DHS &EM or the State of Alaska or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of DHS &EM and the State of Alaska and their agents or employees, and the Sub - Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub - Grantee, or Sub - Grantee's agents or employees. 13.12 Hazard Mitigation funds will not be used to supplant State or local funds. Hazard Mitigation Grants cannot be used for projects funded by other Federal programs. 13.13 Our employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. Available at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf 13.14 Our workplace will meet all applicable federal and state safety and health regulations that are in effect during the grant period. 13.15 We shall maintain an effective property management system, including a Property Inventory Report submitted annually each January 20 with the Financial Progress Report; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition, and disposition procedures See Sub - Grantees' Handbook, p. 8. The Sub - recipient agrees that, when practicable, any equipment purchased with the grant funding shall be prominently marked as follows: Purchased with funds provided by the U.S. Department of Homeland Security. 13.16 The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This nocument was prepared under a grant from the United States Department of Homeland Security/FEMA, and the Alaska Division of neland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do . necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security/FEMA, or the State of Alaska. 3 Initial here SPECIAL REQUIREMENTS AND ASSURANCES Note: This list is not intended to be exhaustive and does not indicate lack of additional applicable legal requirements. 1. STATE AND FEDERAL LAWS TO BE OBSERVED The Sub- Grantee must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by DHS &EM that they include all relevant laws. It is the Sub - Grantee's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of DHS &EM. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY PROCUREMENT REGULATIONS, 44CFR Section 13.36(b) through (1) The Sub- Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(b) through (i). 3. PUBLIC LAW 88 -352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C, 2000d et seq.) (24 CFR Part I) The Sub - Grantee must comply with the provisions of "Public Law 88- 352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in. or be subjected to discrimination under any program or activity receiving federal financial assistance. 4. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) "The Sub - Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 5. AMERICANS WITH DISABILITIES ACT ( U.S.C. 12101, et seq.) The Suh- Grantee shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the Sub- Grantee in four principle ways in respect to: a. employment; b. the provision of public services; c. transportation; d. existing facilities and new construction. 6. COPELAND ACT (Anti- Kickback Act) (40 U.S.C. 276c) The Sub - Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. 7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( U.S.C. 327 et seq.) The Sub- Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one -half tines the basic rate is paid for the overtime hours. If the Act is violated, the Sub- Grantee or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for I damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. 8. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.0 Section 4321 et seq., and 24 CFR Part 58 The Sub - Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process, Pursuant to these provisions, the Sub - Grantee must also submit environmental certifications to DHS &EM when requesting that funds be released for the project. The Sub - Grantee must certify that the proposed project will not significantly impact the environment and that the Sub - Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 9. U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A -133, AUDITS OF STATE AND LOCAL GOVERNMENTS The Suh - Grantee shall comply with the requirements of Federal Circular A -133, which requires that the Suh - Grantee expending $300,000 ($500,000 for fiscal year ending after December 31. 2003)or more in federal funds during the applicant's fiscal year to have an audit made for that year. a. Standards for Audit of Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office (GAO); b. The Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -7507) c. Revised OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations issued by the U.S. Office of Management and Budget (OMB). d. 44 CFR 13.26 (b), Grantees and sub - grantees are responsible for obtaining audits IAW the Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -- 7507) 4 PROJECT DEVELOPMENT AND CONSTRUCTION SCHEDULE DHS &EM DESCRIPTION OF ACTIVITY /TASK SCHEDULE COMPLETION DATE ATTACHMENT I City of «City », Alaska «Project Title» ESTIMATED COST $ / %PROJECT 5 *.S DepannIertr of usdt: tIc or 11,Htit:C )frice 1.'0 OrilAfe; ATTACHMENT 2 CERTIFICATIONS REGARDING LOBBYING: DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: AND DRUG-FREE WORKPLACE REQUIREMENTS 1)4, ;14 )1 114: rittt Lttti ttt 1)))))) 1. ,)).1 t. 1410.)-.1 •,4trt, 1:1 1 t) L01 14 : 1it ,Aid:;:d • r III 0)»-, th)- iji ttttt 0 tl», pt [I.:- )40, ). . 11; •11!:;o01,1t)).1 ttr1,14).A 2 tt R Riti Itttl.tK :At ,-1.-1 itt i 2F 1 1.1') Hti rill= • ; ,rtnt.-.) 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IIl ,4 11, 1)1 34 111 2114 4 4: 4 0111 t' 11,14,,.. .-,11 211 :14 ..1111‘ ,121e 111? 11,1'. .4411 ;‘,4 111.: 4444h (q- 4 11c1. 1% 14:1 tht. 11 4111 L... 41'1 11 1[1:: I 1■14.:.! ‘■ ...Id I \ 14 1 ....I ITEM NO: 13.B.5 TITLE: Resolution No. FY2008 -41 Accepting a Pre - Disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorize the Manager to Enter into a Grant Agreement to Administer the Funds. SUMMARY: The purpose of this request is to accept $132,249 from the Division of Homeland Security and Emergency Management for the Seismic Upgrade of Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools. The seismic vulnerability evaluation of the KIBSD Schools (G &E Engineering Report.pdf) identified 137 MEP equipment items as seismically vulnerable. This money originally is from FEMA but is managed by the state. The Finance Department will set up a project account to receive the monies from this grant. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING z RECOMMENDED MOTION: Move to 2kcept the pre- disaster mitigation grant from the Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools project in an amount of $132,249, and authorize the Manager to enter into a grant agreement and to administer those funds. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -41 Introduced by: Requested by: Drafted by: Introduced: Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING A PRE - DISASTER MITIGATION GRANT FROM DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR THE SEISMIC UPGRADE FOR CRITICAL MECHANICAL, ELECTRICAL & PLUMBING EQUIPMENT FOR KODIAK SCHOOLS PROJECT WHEREAS, the Kodiak Island Borough applied for a grant from the Alaska Division of Homeland Security (DHS) to fund the Seismic Upgrade of Critical Mechanical, Electrical & Plumbing Equipment in Kodiak Schools.; and WHEREAS, the DHS through the State has approved a grant in the amount of $132,249 based on our grant application, which provides for the Seismic Upgrade of Critical Mechanical, Electrical & Plumbing Equipment in Kodiak Schools.; and WHEREAS, acceptance of the grant award is necessary in order to utilize the funds to pay for the Upgrade of Critical Mechanical, Electrical & Plumbing Equipment in Kodiak Schools. NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is hereby authorized to accept the PDM Grant in the amount of $132,249, and authorize the Manager to enter into a grant agreement and administer the funds. 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 Manager Gifford Manager Gifford Borough Attorney 06/05/2008 Kodiak Island Borough, Alaska Resolution No. FY2008 -41 Page 1 of 1 Mr. Rick Gifford Borough Manager Kodiak Island Borough 722 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Gifford, DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT May 5, 2008 Re: Project Number HMGP - 1663.0002 KIB Non - Structural (MEP) Seismic Strapping Project SARAH PALIN, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 Fax: (907) 428 -7009 Toll Free: (800)478 -2337 www.ak- prepared.com Enclosed is the Division of Homeland Security and Emergency Management (DHS &EM) Hazard Mitigation Grant Program (HMGP) Grant Agreement for the Kodiak Island Borough (KIB) Non - Structural (MEP) Seismic Strapping Project the KIB applied for. The total award amount for this project is $132,249. You will find the terms of the grant and procedures in the enclosed Sub - Grantee's Handbook and Grant Agreement. Two copies of the grant agreement are enclosed; one is for your records, the other is for ours. Please return one of the original signed agreements to our office after signing it and initialing the third page. If you have any questions or require further information, please contact Brent A. Nichols at 907- 428 -7085 or by email at brent.nichols @alaska.gov. jwm:ban Enclosures: As Stated Sincerely, John W. Madden Governor's Authorized Representative 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award r: Amendment ❑ _ 4. Employer Tax ID # 92- 003085 Amendment# 5. Recipient Address Kodiak Island Borough - 1w Mill Bay Road Kodiak Island Borough, Alaska 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak-prepared.com 7. Recipient Project Manager: Ken Smith Phone: 907 - 486 -9341 Fax: 907 -486 -9394 Email: ksmith@kib.co.kodiak.ak.us 8. DHS &EM Project Manager: Mark Roberts Phone: 907 - 428 -7016 Fax: 907 -428 -7009 Email: mark.roberts @alaska.gov 9. Effective Date of This Action May 5, 2008 10. Method of Payment: Electronic 11. Grant Award and Deliverables (See following two pages and Sub - Grantees' Handbook) Total Awarded Amount: $132,249.00 Grant #: 1663.0002 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. See Attachment 1 if Applicable Applicant will adhere to the original HMGP project application, scope of work and project budget Any changes must be approved by DHS &EM. 13. Grant Requirements, Assurances and Agreements: (continued on reverse side of Agreement) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or ,property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer ilati 714,-- Printed Name: Karleton Short, Finance Director Date: q - W- Phone: 907 - 486 -9320 Fax: 907 - 486 -9399 Email: kshort @kib.co.kodiak.ak.us 16. Signature of Local Jurisdiction's Signatory Official Printed Name and Title: Rick Gifford, Kodiak Island Borough Manager Date: Phone: 907 - 486 -9301 Fax: 907 - 486 -9399 Email: kgifford @kib.co.kodiak.ak.us 17. • ' &EM gnatory- pfficial (Name and Title) 1 Ad �J hn W. Madden, Governor's Aut riz d Representative Date s/c/oe J DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for Hazard Mitigation Grant Program Grant No. 1663.0002 Revised Jan 2006 11. The total allocation of the 2006 August Flood Disaster awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $649,200.00 under Federal Grant DR - 1666, CFDA #97.039. The Kodiak Island Borough has been awarded $132,249.00, which shall be used to support activities essential for Kodiak Island Borough Hazard Mitigation Projects. If the cost of the project at the time of termination is less than the awarded amount, the actual cost will be substituted above. DHS &EM shall not be obligated to disburse more than the above amount unless that additional amount has been approved in advance by both DHS &EM and the SUB - GRANTEE and is incorporated by written amendment to this Grant Agreement. The performance period of this award ends on December 31, 2009. Project deliverables identified in the approved project scope of work must be completed by this date. 11.1 Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Reports to the Project Manager at DHS &EM. The most current blank forms are attached and may be reproduced. Quarterly reports are due: Q1 October 1 — December 31 Report due January 20 (Include annual Property inventory Report) Q2 January 1 — March 31 Report due April 20 Q3 April 1 — June 30 Report due July 20 Q4 July 1 — September 30 Report due October 20 Narrative reports shall compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Include any significant events or activities. Financial reports shall show receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. 11.2 Time of Performance: The Sub - Grantee shall complete the project within the performance period as stated above. The Sub - Grantee may request that DHS &EM extend the deadline for grant agreement completion in the event of extenuating circumstances. All requests must give a detailed justification in writing. 11.3 Reimbursements: See Sub - Grantees' Handbook, p. 6. Expenditure reimbursement may be requested at any time. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.). Payroll reports that capture this information, signed and certified by the Chief Financial Officer, are also acceptable. Copies of all contracts for services shall be submitted to DHS &EM. Contract deliverables must meet the intent of the grant application and grant requirements. Staff may not self - certify their own time and wages. Cash payments may be withheld pending correction of deficiencies in required reports. Indirect costs are not allowed. 11.4 Advance of Funds: See Sub - Grantees' Handbook, p. 6. 11.5 Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit a final report and DHS &EM form 30 -04HM. DHS &EM will conduct final inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right to withhold disbursement of final payment to the Sub - Grantee until the project has been completed and given final approval by DHS &EM. 11.6 Penalty for Non - Compliance: Reimbursements may be partially or wholly withheld, or the award may be wholly or partly suspended, or terminated for the reasons listed below. DHS &EM shall notify the Kodiak Island Borough of its decision in writing 30 days prior to any such termination The Kodiak Island Borough must respond within 5 days of receipt of the notification. 11.6.1 Unwillingness or inability to attain project goals 11.6.2 Unwillingness or inability to adhere to Special Conditions listed in Block 12, if applicable 11.6.3 Inability to adhere to grant guidelines and federal compliance requirements 11.6.4 Improper procedures regarding contracts and procurements 11.6.5 Inability to submit reliable and /or timely reports 11.6 6 Any misrepresentation, error, or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement, 11.7 Sub - recipient Monitoring Policy: DHS &EM reserves the right to periodically monitor the Kodiak Island Borough's financial policies and procedures, records, systems, means of allocating and tracking costs, maintenance of current financial data, procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), program operations, and other concerns relative to this award. This may include desk and field audits. Technical assistance is available from DHS &EM staff. 11.8 Conflict of interest: No officer or employee of DHS &EM; no member, officer, or employee of the Sub - Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub - Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. The Sub - Grantee must certify they comply with the State of Alaska "Ethics Information for Members of Boards and Commissions, and that they comply with AS 39.52. Available at http: / /www.law. state. ak .us /pdf /ethics /b &cbooktext.pdf. 11.9 Political Activity: No portion of the funds provided herein may be used for any partisan political activity. 11.10 Changes to Award: The Sub - Grantee or DHS &EM may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by DHS &EM and the Sub - Grantee. All change requests must be submitted in writing or electronically to the Project Manager for review and approval, accompanied by a narrative justification and spending plan. Changes must be consistent with the scope of the project and grant guidelines. Revisions to the Scope of Work, extension of the performance period, changes in key persons specified in an application or the grant award, contractual services for activities central to the purposes of the award, requests for additional funding will result in an amendment to this award. 11.11 Waivers: No conditions or provisions of this Grant Agreement can be waived unless approved by DHS &EM in writing. 11.12 Non - reimbursable Expenses: indirect costs are not allowable under this grant. 11.13 Administrative Allowance: The Sub - Grantee is eligible to receive federal administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified in 44 CFR Section 13 Subpart C. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant. Administrative costs are based on the following percentages of total net eligible costs: For the first $100,000 of net eligible costs, three percent of such costs. For the next $900,000, two percent of such costs. For the next $4,000,000, one percent of such costs. For those costs over $5,000,000, one -half percent of such costs. The Sub - Grantee must retain records of how the Administrative Allowance is spent and must submit quarterly reports on total expenditures. The applicant's records need not be submitted; however they must be retained by the applicant for three (3) years beyond date of closeout for the disaster. These records are subject to audit. 13. We. the Signatory Officials, do hereby assure and certify: 13.1 The performance period for this grant award is May 5, 2008 through December 31, 2009. Funds may not be obligated outside of this time period. 13.2 All expenditures must be certified and signed by the responsible financial officer indicating that such expenditures have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. 13.3 Any contract entered into during this grant period shall comply with local, state and federal government contracting regulations. 13.4 Records shall be maintained for a period of three (3) years following the date of the closure of the disaster, or audit if required. 2 13.5 As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB CircularA - 133. The sub - recipient will permit the State of Alaska Project and Program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB CircularA - 133. Copies of audit findings must be submitted to DHS &EM within 30 days after the sub - recipient receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. The Federal :cy name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency will be included. The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with Lobbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 13.7 Procurement shall comply with local procurement policies and procedures, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 28 CFR Parts 66 & 70, and OMB Circular A - 102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments ". Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Sole- source procurements and all purchases in excess of $100,000 require prior approval of DHS &EM. 13.8 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 13.9 Our agents will perform all obligations under this Grant Agreement as independent contractors and not in any manner as agents of DHS &EM. 13.10 This Hazard Mitigation Project Grant shall be governed by, and we will comply with, all applicable provisions of Alaska Statutes, Alaska Administrative Code, 44 CFR and DHS &EM policies and guidelines, including the Administrative Plan. 13.11 We will protect, save, and hold harmless DHS &EM and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub - Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. We further agree to defend DHS &EM and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of DHS &EM or the State of Alaska or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of DHS &EM and the State of Alaska and their agents or employees, and the Sub - Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub - Grantee, or Sub - Grantee's agents or employees. 13.12 Hazard Mitigation funds will not be used to supplant State or local funds. Hazard Mitigation Grants cannot be used for projects funded by other Federal programs. 13.13 Our employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. Available at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf 13.14 Our workplace will meet all applicable federal and state safety and health regulations that are in effect during the grant period. 13.15 We shall maintain an effective property management system, including a Property Inventory Report submitted annually each January 20 with the Financial Progress Report; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition, and disposition procedures See Sub - Grantees' Handbook, p. 8. The Sub - recipient agrees that, when practicable, any equipment purchased with the grant funding shall be prominently marked as follows: Purchased with funds provided by the U.S. Department of Homeland Security. 13.16 The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This - cument was prepared under a grant from the United States Department of Homeland Security/FEMA, and the Alaska Division of ieland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do - necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security /FEMA, or the State of Alaska. 3 Initial here SPECIAL REQUIREMENTS AND ASSURANCES Note: This list is not intended to be exhaustive and does not indicate lack of additional applicable legal requirements. I. STATE AND FEDERAL LAWS TO BE OBSERVED The Sub - Grantee must comply with state and federal law in perfonning all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by DHS &EM that they include all relevant laws. It is the Sub - Grantee's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of DHS &EM. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY PROCUREMENT REGULATIONS, 44CFR Section I3.36(b) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(b) through (i I. 3. PUBLIC LAW 88 -352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part I) The Sub - Grantee must comply with the provisions of "Public Law 88- 352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or he subjected to discrimination under any program or activity receiving federal financial assistance. 4. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The Sub - Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 5. AMERICANS WiTH DISABILITIES ACT ( U.S.C. 12101, et seq.) The Sub - Grantee shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the Sub- Grantee in four principle ways in respect to: a. employment; b. the provision of public services; c. transportation; d. existing facilities and new construction. 6. COPELAND ACT (Anti- Kickback Act) (40 U.S.C. 276c) The Sub - Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. 7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( U.S.C. 327 et seq.) The Sub - Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one -half times the basic rate is paid for the overtime hours. If the Act is violated, the Sub - Grantee or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. 8. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.0 Section 4321 et seq., and 24 CFR Part 58 The Sub - Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the Sub - Grantee must also submit environmental certifications to DHS &EM when requesting that funds be released for the project. The Sub - Grantee must certify that the proposed project will not significantly impact the environment and -that the Sub - Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 9. U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A -133, AUDITS OF STATE AND LOCAL GOVERNMENTS The Sub - Grantee shall comply with the requirements of Federal Circular A -133, which requires that the Sub - Grantee expending $300,000 ($500,000 for fiscal year ending after December 31. 2003)or more in federal funds during the applicant's fiscal year to have an audit made for that year. a. Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office (GAO); b. The Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -7507) c. Revised OMB Circular A -133 Audits of States, Local Governments, and Non- Protit Organizations issued by the U.S. Office of Management and Budget (OMB). d. 44 CFR 13.26 (b), Grantees and sub - grantees are responsible for obtaining audits IAW the Single Audit Act Amendments of 1996 (31 U. /S.C. 7501- 7507) PROJECT DEVELOPMENT AND CONSTRUCTION SCHEDULE ATTACHMENT 1 City of «City », Alaska «Project Title» DHS &EM DESCRIPTION OF ACTIVITY/TASK SCHEDULE COMPLETION DATE ESTIMATED COST $ / %PROJECT 5 ATTACHMENT 2 CERTIFICATIONS REGARDING LOBBYING: DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: AND DRUG-FREE WORKPLACE REQUIREMENTS Aryl, _ant.; r 1 1 . , i t t . ; rorl,r ihr- i o n i a t i t t t r i 1 i t , „ I 11,:rurttil % % t i l t : 1 1 r . • . t r o t r t t i i t , t It.i Ail 6 ...Ali, -At. tt,-t. the til,06.‘21 -Art Ceti o. trtrtIrt,leti , iter,i,tr,rtrilt: tin I13II.I 1 the, t' 'rut Ittt: tot —1 titttrit.t2 1 , 11 .1, 21 R ott Let. itt.,-,062iirtitt. oil 1 inw i 2'; 1 R. 1' t." 3 1III Hut :Ft 'sitspe.r :ton 1 ' 1 r n.1 ,.rn Fenn—, t.fte t tru r trf rrtrl'tSi II.' .•1111 . r'.1 1 11,2,1421 , 111-11,111,31 I .1 I: . 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P ' 1 • .1 '411111 li. 1 Itt 11 1.. 1,1 i 1 1111 1h.- od Hit 111,I 11 Litt; Rd! 11111 rh;J; 12,1,1111v 1 1-11 t ine ; el . 4 111'. _ 4 it .1".. • 1 rer.ort 1 lir: tit 11 h 1 11 11,.! 1!,1, , d fin. lo . q 1 1 1 1 L t)dt 4 h .1', .• 111 I• sto.111 rer--;0111 ;q; ro 1 her::1— Jeri, t th4l i Iit pill I, 4141 1 h ili i I 11, p.. • "slIrvidure lie ■ •- _ • - - • - • _ - • _ ■ 2 kprit,Lalwit hei tnd i Pi .1 itt 1 tpl e • • • • • • • • • • • ..... • TITLE: Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. SUMMARY: This ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution. This ordinance clarifies the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. This ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -21 to advance to public hearing on June 19, 2008. AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.24 BOROUGH ATTORNEY BY ADDING SECTION 2.24.040 ALTERNATE COUNSEL WHEREAS, Alaska Statutes allows the Assembly to provide the manner of appointing legal counsel; and WHEREAS, KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution; and WHEREAS, municipal officials, when their individual actions are being challenged, may need to seek alternate counsel to protect their personal interests; and WHEREAS, any municipal official presented with the possibility of individual liability who chooses to have an alternate counsel and who anticipates that the Kodiak Island Borough should pay the official's attorney fees must discuss the request with the governing body before hiring another attorney; 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: Kodiak Island Borough Code of Ordinances is hereby amended by adding Section 2.24.040 Alternate counsel. Chapter 2.24 Sections: 2.24.010 2.24.020 2.24.030 2.24.040 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. Kodiak Island Borough Borough attorney. Procedure for appointment. Service and removal. Alternate counsel. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -21 BOROUGH ATTORNEY Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Borough Clerk Introduced: 06/05/2008 Public Hearing: Adopted: Ordinance No. FY2008 -21 Page 1 of 2 2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. 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. 2.24.040 Alternate Counsel. Any municipal official presented with the possibility of personal liability has a right to choose an alternate counsel other than the Borough attorney. Payment of fees for an alternate counsel must be preauthorized by a resolution of the Assembly. 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 -21 Page 2 of 2 TITLE: Ordinance No. FY2008 -01 D Amending Ordinance No. FY2008 -01 Fiscal Year 2008 to Budget for Several Grants. SUMMARY: This ordinance increases the Child Care Assistance budget by $5,086. This ordinance increases the Coastal Management Grant by $3,800 This ordinance sets up a project for non - structural seismic mechanical, electrical and plumbing (MEP) upgrades. This is funded by a state grant of $132,249. This ordinance sets up a project for non - structural seismic bracing. This is funded by a state grant of $75,490. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING ITEM NO: 13.C.2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -01D to advance to public hearing on June 19, 2008. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. 2008-01 FISCAL YEAR 2008 TO BUDGET FOR SEVERAL GRANTS WHEREAS, the State of Alaska has increased the Child Care Assistance Grant by $5,086, and WHEREAS, the State of Alaska has increased the Coastal Management Grant by $3,800, and WHEREAS, the Borough has received a grant from the State of Alaska for $132,249 for non- structural seismic mechanical, electrical and plumbing (MEP) upgrades; and WHEREAS, the Borough has received a grant from the State of Alaska for $75,490 for non- structural seismic bracing; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The FY2008 budget will be amended per the attached schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. 2008-01 D Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 6/5/2008 Public Hearing: Adopted: KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. 2008 -01 D Page 1 of10 FY2008 Ammended As of Difference Budget 04/30/08 Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,765,587 7,423 100% 8,773,010 Boat & Motor Vehicle Tax 276,450 184,061 92,389 67% 276,450 Payment in Lieu of Taxes 814,000 12,501 801,499 2% 814,000 Severance Taxes 1,270,530 1,018,587 251,943 80% 1,270,530 Penalties & Int on tax 175,000 171,742 3,258 98% 175,000 Licenses and Permits 91,500 56,730 34,770 62% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 591,286 591,286 - 100% 591,286 Raw Fish Tax 950,000 1,054,059 (104,059) 111% 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 1,113 (113) 111% 1,000 Interest Earnings 400,000 544,850 (144,850) 136% 400,000 Miscellaneous 194,531 20,223 174,308 10% 194,531 Use of Fund Balance 977,835 977,835 0% 977,835 Sale of Fixed Assets Transfer In Total 14,893,217 12,420,739 2,472,478 83% 14,893,217 Expenditures: Borough Assembly 180,910 124,783 56,127 69% 180,910 Borough Manager 373,985 217,457 156,528 58% 373,985 Borough Clerk 398,510 292,419 106,091 73% 398,510 Borough Attorney 130,000 104,490 25,510 80% 130,000 Finance Department 699,788 528,834 170,954 76% 699,788 Management Information Services 561,420 292,451 268,969 52% 561,420 Assessing Department 436,364 341,284 95,080 78% 436,364 Engineering/ Facilities Dept 111,432 79,917 31,515 72% 111,432 Community Development 775,170 520,388 254,782 67% 775,170 Building Official 132,765 46,382 86,383 35% 132,765 Economic Development 75,000 32,750 42,250 44% 75,000 General Administration 324,170 175,722 148,448 54% 324,170 Emergency Preparedness 8,800 5,108 3,692 58% 8,800 School District Support 9,662,622 8,182,343 1,480,279 85% 9,662,622 Health and Sanitation 232,720 232,699 21 100% 232,720 Animal Control 72,380 72,380 - 100% 72,380 Culture and Recreation 217,731 98,354 119,377 45% 217,731 Colledge and Libraries 93,000 84,000 9,000 90% 93,000 Transfers Out 406,450 406,450 - 100% 406,450 Total 14,893,217 11,838,211 3,055,006 79% 14,893,217 Fund 205 Child Care Assistance Program Revenue 77,000 61,521 15,479 80% 5,086 82,086 Expenditures 77,000 72,527 4,473 94% 5,086 82,086 Fund 210 Land Sales Revenue 96,700 79,073 17,627 82% 96,700 Expenditures 96,700 17,906 78,792 19% 96,700 Ordinance No. 2008-1D Kodiak Islnad Borough, Alaska Page 1 of 9 FY2008 Ammended As of Difference Budget 04/30/08 Budget Revised Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 449,810 381,511 68,299 85% 449,810 Transfers in 192,360 192,360 100% 192,360 Use of Fund Balance 121,400 - 121,400 0% 121,400 Total Revenues 763,570 573,871 189,699 75% 763,570 Expenditures - - Borough Building 406,416 251,307 155,109 62% 406,416 MHC Apartments 11,000 3,326 7,674 30% 11,000 School Buildings 319,554 284,906 34,648 89% 319,554 Parks 26,600 7,339 19,261 28% 26,600 Total Expenditures 763,570 546,878 216,692 72% 763,570 Fund 230 Coastal Management Revenues 24,000 4,524 19,476 19% 3,800 27,800 Expenditures - CMG Regular 24,000 7,308 16,692 30% 3,800 27,800 Total Expenditures 24,000 7,308 16,692 30% 3,800 27,800 Fund 234 L.E.P.C. Revenues LEPC 17,800 3,776 14,024 21% 17,800 E.O.P. Grant - 0% - Revenues 17,800 3,776 14,024 21% 17,800 Expenditures - Expenditures -LEPC 17,800 10,709 7,091 60% 17,800 Expenditures -FEMA grant 111 (111) 0% - Total Expenditures 17,800 10,820 6,980 61% 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 144,739 (19,207) 115% 125,532 Expenditures 125,532 128,850 (3,318) 103% 125,532 Fund 242 Service District No. 1 Revenues 220,000 249,641 (29,641) 113% 220,000 Expenditures 220,000 142,050 77,950 65% 220,000 Fund 243 Service Area No. 2 Revenues 351 (351) Expenditures Fund 244 Monaska Bay Road District Revenues 43,175 46,961 (3,786) 109% 43,175 Expenditures 43,175 59,574 (16,399) 138% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 6,834 (1,134) 120% 5,700 Expenditures 5,700 6,016 (316) 106% 5,700 Ordinance No. 2008 -1D Kodiak Islnad Borough, Alaska Page 2 of 9 FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 447,902 (21,402) 105% 426,500 Expenditures 426,500 249,082 177,418 58% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 106,084 (13,074) 114% 93,010 Expenditures 93,010 39,451 53,559 42% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 15,060 (830) 106% 14,230 Expenditures 14,230 12,813 1,417 90% 14,230 Fund 260 Woodland Acres Street Lights Revenues 6,000 539 5,461 9% 6,000 Expenditures 6,000 4,205 1,795 70% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,999 (199) 105% 3,800 Expenditures 3,800 1,471 2,329 39% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,991 (941) 131% 3,050 Expenditures 3,050 580 2,470 19% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 37,908 1,972 95% 39,880 Expenditures 39,880 7,863 32,017 20% 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 49,431 20,029 71% 69,460 Expenditures 69,460 39,915 29,545 57% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 2,015,447 (15,447) 101% 2,000,000 Expenditures/Transfers Out: Building Insurance 192,360 192,360 100% 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 185,390 185,390 0% 185,390 Total Expenditures 2,000,000 1,814,610 185,390 91% 2,000,000 Fund 277 Tourism Development Revenues 50,000 62,894 (12,894) 126% 50,000 Expenditures 50,000 37,508 12,492 75% 50,000 Fund 290 Fern Fuller Trust Revenues 437,000 35,365 401,635 8% 437,000 Expenditures 437,000 75,208 361,792 17% 437,000 Kodiakislnad Borough, Alaska Ordinance No. 2008-1D Page 3 of 9 FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 °A Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 1,287,752 501,558 72% 1,789,310 Interest Earnings 20,000 30,267 (10,267) 151% 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 Bond Premium 44,652 - Use of fund balance - 0% Total Revenues 3,470,770 3,024,131 446,639 3,470,770 Expenditures Expenditures - School Debt 2,699,150 2,174,430 524,720 81% 2,699,150 Expenditures- Hospital Debt 765,000 765,105 (105) 100% 765,000 Expenditures - Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - 0% - Total Expenditures 3,470,770 2,939,535 531235 85% 3,470,770 Ordinance No. 2008 -1D Kodiak Islnad Borough, Alaska Page 4 of 9 Kodiak Islnad Borough, Alaska Capital Projects Fund 410 - Borough Capital Projects: FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Revenues: Interest Earnings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 100% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% - Total Revenues 885,076 39,670 845,406 4% 885,076 Operating Transfers In: - General Fund 517,352 517,352 - 100% 517,352 Building and Grounds Fund _ 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 2,450,536 2,309,536 141,000 94% 2,450,536 Total Revenues 3,335,612 2,349,206 986,406 70% 3,335,612 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 49,278 45,392 52% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 27,470 399,330 6% 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 W B Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05023 Peterson Seismic Upgrade 540,508 64,601 475,907 12% 540,508 05025 High School Gym Seismic 50,000 5,104 44,896 10% 50,000 06001 Computer Upgrade 114,000 185,619 (71,619) 163% 114,000 07006 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 Middle 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 497,000 427,430 69,570 86% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 42,667 357,333 11% 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 3,335,612 1,178,815 2,156,797 35% 3,335,612 Ordinance No. 2008-1D Page 5 of 9 Fund 420-GO Bond Projects: Revenues: Interest Earnings Proceeds from bond 2004A Bond Issue Proceeds from bond 2004B Bond Issue Proceeds from bond 200XX Bond Issue Projects: 03119 New Swimming Pool 04101 Old Harbor GymNoc Ed renovation 04102 Larsen Bay School floor repair 04103 Ouzinkie Gym renovation 05002 Evacuation Center earthquake evaluation 05009 Kodiak Middle 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 Middle School roof repair 05015 High School Voc ed /classroom reclaimation 05016 East School heating and ventilation 05017 Learning Center renovation KMS Seismic Upgrade, Phase II Ouzinkie Sprinkler System Ouzinkie Generator Replacement Contingencies FY2008 Ammended As of Difference Budget Revised Budget 04130/08 % Adjustments Budget 3,633,918 2,530,352 1,103,566 70% 3,633,918 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 31,986,678 22,913,112 9,073,566 72% 31,986,678 14,595,000 1,697,194 12,897,806 12% 14,595,000 2,251,134 2,823 2,248,311 0% 2,251,134 339,883 1,528 338,355 0% 339,883 1,923,187 75,496 1,847,691 4% 1,923,187 500,000 325,507 174,493 65% 500,000 237,918 9,350 228,568 4% 237,918 304,704 212,518 92,186 70% 304,704 728,708 499,575 229,133 69% 728,708 250,000 174 249,826 0% 250,000 596,020 4,172 591,848 1% 596,020 600,000 617,179 (17,179) 103% 600,000 4,840,788 88,789 4,751,999 2% 4,840,788 520,000 114,787 405,213 22% 520,000 1,181,336 26,232 1,155,104 2% 1,181,336 0% 31,986,678 3,675,324 28,311,354 11% 31,986,678 Ordinance No. 2008 -10 Kodiak Islnad Borough, Alaska Page 6 of 9 FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 2,879 17,121 14% 20,000 ADF &G, fish research 200,000 139,518 60,482 70% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 17,343 6,157 74% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 - 100% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 - 938,633 0% 938,633 05026 1-15 Library Wing Seismic Retrofit 465,618 62,630 402,988 13% 465,618 07001 Area Wide School Equipment and Supplies 70,000 58,683 11,317 84% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 1,000 99,000 1% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% - 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 1,602 28,398 5% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 0% 132,249 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing - 0% 75,490 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell - Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,494,893 328,526 10,166,367 3% 207,739 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 626,038 270,312 70% 896,350 02107 ADF &G Research Study 200,000 146,732 53,268 73% 200,000 03114 Coastal Impact Program 319,985 316,743 3,242 99% 319,985 03118 Chiniak Multi -use Grant 20,000 11,711 8,289 59% 20,000 05019 Homeland Security 17,733 14,430 3,303 81% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 45,914 (4,190) 110% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 1,990,961 (1,052,328) 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 11,012 454,606 2% 465,618 06007 ADF & G Building Design 1,500,000 - 1,500,000 0% 1,500,000 06008 Summit Lake Trail 23,500 17,343 6,157 74% 23,500 07001 Area Wide School Equipment and Supplies 70,000 55,599 14,401 79% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 3,341 96,659 3% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 100,523 469,477 18% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 57,669 250,675 19% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 5,565 133,041 4% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Kodiak Islnad Borough, Alaska Ordinance No.2008 -1D Page 7 of 9 FY2008 Ammended As of Difference Budget Revised Budget 04/30108 % Adjustments Budget Non - Structural Seismic Upgrades for Kodiak Schools — MEP 0% 132,249 132,249 Non - Structural Seismic Upgrades for Kodiak Schools— Bracing 0% 75,490 75,490 Total Expenditures 10,494,893 4,343,442 6,151,451 41% 207,739 10,702,632 Ordinance No. 2008-10 Kodiak !shad Borough, Alaska Page 8 of 9 FY2008 Ammended As of Difference Budget Revised Budget 04/30108 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion _ _ 0% _ Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion _ _ 0% Total Expenditures 3,000,000 - 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 270,288 390,000 41% 660,288 Providence _ 0% - From Facilities Fund 125,000 125,000 100% 125,000 Total Revenues 785,288 395,288 390,000 50% 785,288 03112 Hospital access and parking, Phase I & 11 660,288 181,733 478,555 28% 660,288 05021 CHC architural Engineering 125,000 32,636 92,364 26% 125,000 Total Expenditures 785,288 214,369 570,919 27% 785,288 Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues Expenditures Waste Collection Waste Disposal Total Expenditures 2,776,703 2,096,944 679,759 76% 2,776,703 1,149,968 1,077,105 72,863 94% 1,149,968 3,926,671 3,174,049 752,622 81% 3,926,671 1,294,662 929,888 364,774 72% 1,294,662 2,632,019 1,538,014 1,094,005 58% 2,632,019 3,926,681 2,467,902 1,458,779 63% 3,926,681 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - 9,731 (9,731) Providence Hospital Lease 720,000 600,000 120,000 83% 720,000 Transfer in from Fern Fuller 66,500 66,500 - 100% 66,500 Use of Retained Earnings 1,264,350 1,264,350 0% 1,264,350 Total Revenues 1,660,850 676,231 984,619 41% 1,660,850 Expenditures and Transfers: - Expenditures 2,050,850 1,263,034 787,816 62% 2,050,850 Total Expenditures 1,660,850 1,263,034 397,816 76% 1,660,850 Fund 555 - Kodiak Fisheries Research Center - Revenues 2,105,019 1,492,496 612,523 71% 2,105,019 Expenditures _ Research Facility 2,070,519 1,231,731 838,788 59% 2,070,519 Dorm Facility 34,500 19,160 15,340 56% 34,500 2,105,019 1,250,891 854,128 59% 2,105,019 Fund 560 - Telephone 911 Service - Revenues 69,000 39,436 29,564 57% 69,000 Expenditures 69,000 102,030 (33,030) 148% 69,000 Kodiak Islnad Borough, Alaska Ordinance No. 2008-1D Page 9 of 9 KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5, 2008 REGULAR MEETING TITLE: Resignation of Parks and Recreation Committee Member. SUMMARY: Attached is a letter of resignation from Ms. Juenger. 2.39.070 Vacancies. 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. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Cassandra Juenger from the Parks and Recreation Committee for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code. Sheila Smith From: cassandra123 @gci.net on behalf of Cassandra Juenger [cassandra123 @gci.net] Sent: Thursday, April 10, 2008 10:42 PM To: Sheila Smith; bcassiday@kodiakak.us Subject: Parks & Rec Bud, It is with deep regret I am requesting to be removed from the parks and recreation committee of borough effective 5/1/08. I apologize for any difficulty this may cause however; I am unable at this time to give this group the commitment needed. Thank you, the borough support staff, and each of the other committee members who give of their time to accomplish so much for Kodiak's parks and recreation. Cassandra Juenger For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. For God sent not his Son into the world to condemn the world; but that the world through him might be saved. John 3:16 -17 No virus found in this outgoing message. Checked by AVG. Version: 7.5.519 / Virus Database: 269.22.9/1364 - Release Date: 4/7/2008 6:38 PM 1 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT June 5.2008 REGULAR MEETING TITLE: Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. ITEM NO: 13.D.2 SUMMARY: Ms. Elizabeth Chilton, the Kodiak Borough representative for the Cook Inlet Regional Citizen Advisory Council, has requested that Mr. Woody Koning be appointed to the alternate seat on the Cook Inlet Regional Citizens Advisory Council. This appointment is for a three -year term to expire January 2011. Attached is the email requesting the alternate seat appointment. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Woody Koning to a three -year alternate seat to expire January 2011 to the Cook Inlet Regional Citizens Advisory Council. Jessica Kilborn From: Liz Chilton [elizabeth.chilton(c noaa.gov] Sent: Tuesday, May 06, 2008 1:55 PM To: Jessica Kilborn Cc: Woody Koning Subject: Appointment of alternate for CIRCAC Kodiak Borough seat Hi Jessica, I am the current Kodiak Borough representative for the Cook Inlet Regional Citizen Advisory Council. If I am unable to attend a Cook Inlet RCAC meeting, an alternate person is needed to represent the Kodiak Borough. I have spoken with Woody Koning about this possibility and he is interested in the alternate position. Woody currently serves as a public volunteer on the Cook Inlet RCAC Environmental Monitoring Committee and would be an ideal choice. He is familiar with the CIRCAC organization and our EMC issues as well as his perspective as a resident of Kodiak. Karen Delaney, the assistant executive director at CIRCAC, has asked that a letter or e-mail be sent from the Kodiak Borough indicating who would be the alternate when I am unable to attend council meetings. I would appreciate the Borough's support on designating Woody Koning as the alternate for the Kodiak Borough seat on Cook Inlet RCAC. Thank you, Liz Chilton 1 To: Solid Waste Advisory Board Members From: Dan Rohrer Date: May 21, 2008 This memo serves as my letter of resignation from the Sold Waste Advisory Board. I am not resigning because of the various events of the last few meetings. I am resigning because of a time constraint issue. When I originally agreed to serve on the board it was with the understanding that the majority of the work would be done prior to the summer and then we would shift into a much lighter load. That worked well with my schedule. Now it is looking like we will begin the bulk of our work right as my busy season begins as well as right as I am opening a new restaurant. As I look forward through the next couple of months I do not see myself having adequate time to do this job well. I do look forward to seeing the Bell Report and I will certainly give feedback on it as a member of the community. If nothing else my time on the board has increased my family's personal awareness of recycling. My three daughters are very familiar with what they are supposed to recycle and they get to take turns depositing it at Threshold. In addition Subway is now recycling all of its cardboard. Certainly in my case awareness has brought change and I would assume that increased awareness throughout the community will elicit change. I have enjoyed working with each of you and getting to know you all better. I look forward to seeing the conclusions you reach. Daniel Rohrer /3- D 3 May 14, 2008 Dear Kodiak Borough Assembly and fellow SWAB board members; With this letter, I am officially resigning my position on the SWAB board, effective immediately. Prior to being appointed to SWAB, I made it clear to all concerned that I would not be able to serve the full three years the board position required. I am leaving Kodiak soon and must give my resignation now. Thank you for honoring me with this appointment to SWAB and I apologize if my resignation causes any inconvenience. Sincerely, Bill Hinkle Name Barry Altenhof P.O. Box 1373 Kodiak, AK 99615 Bill Hinkle P.O. Box 2177 Kodiak, AK 99615 Freya Holm P.O. Box 271 Kodiak, AK 99615 Marion Owen P. 0. Box 1694 Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 Construction Business Representative Ed Mahoney 2010 P.O. Box 2281 Kodiak, AK 99615 Retail Business Representative Daniel Rohrer P.O. Box 3592 Kodiak, AK 99615 Ex-Officios/non-voting: Assembly Representative Chris Lynch 11175 Lake Orbin Drive Kodiak, AK 99615 KIB Staff Representative Tracy Mitchell (Ex- officio, non - voting) Environmental Specialist United States Coast Guard Representative LCDR Deborah Darminio CW04 Stephen Allbee, Alternate City of Kodiak Representative Mark Kozak 2410 Mill Bay Road Kodiak, AK 99615 KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2008 2009 486 -6238 STAFF: Mary Barber, Secretary III 486 -9343 Engineering and Facilities 486 -9394 Fax Revision date: 4/9/08 Revised by: jk Email baltenhofagci.net 2010 486 -3812 486 -7751 bhinkle(a kodiak.coop 2009 942 -1424 486 -4449 freya.holmCa.gmail.com 2010 486 -5079 mygarden @alaska.net 2009 486 -2849 486 -6554 rick.threshold @gci.net 486 -5759 539 -1234 cell builders anptialaska.net 486 -4949 486 -4949 drohreragci.net 487 -2244 539 -2494 chrislynch(a,acsalaska.net 486 -9348 tmitchell@kodiakak.us 487 -5320 ext. 252 deborah.k.darminio @uscg.mil 487 -5320 ext. 257 486 -8060 mkozak @city.kodiak.ak.us 486 -8066 (fax) mbarber @kodiakak.us FIRE PROTECTION AREA NO. 1 SPECIAL MEETING May 6, 2008 Bayside Fire Station APPROVAL OF AGENDA: G. Spalinger moved to approve the printed agenda as presented. The motion was seconded, and passed without opposition. VISITOR COMMENT: [Note — No visitors in attendance. BOARD COMMENT: • J. Pickett — liked the idea of searching for grant funds. We still have a lot of work ahead. CALL TO ORDER: The special meeting of the FPA No. 1 Board was called to order at 8:50pm by Chair M. Dolph. ROLL CALL: Present for the meeting were Chair M. Dolph and Board Members J. Pickett and G. Spalinger. Board Member C. Davidson — Absent; Board Member R. Nelson — obligated to work. VISITOR COMMENTS: [Note — no visitors present at the meeting] NEW BUSINESS: A. Consideration of Architectural Fee Proposal from Jensen Yorba Lott. • G. Spalinger — MOTION: "Move to approve the fee proposal from Jensen Yorba Lott, not to exceed $120,000." [Motion seconded by J. Pickett] • Discussion: general comment about continuing to move forward with the project. • Vote on Motion - Roll call vote was taken; Motion passed unanimously. B. Consideration of a Resolution addressing additional funding for the building project • G. Spalinger - MOTION: "Move to approve Resolution 2008- 01 to establish a financial plan for construction of apparatus bay addition." [Motion Second by J. Pickett]; • Discussion: Brief discussion followed, including a reading of the Resolution for the record. Discussion included comment that this resolution could "open a door" to a financial process that would lend extra funding. • Vote on Motion: Roll call vote was taken; Motion passed unanimously. • G. Spalinger — no comment • Chair M. Dolph - echoed J. Pickett on the idea of grant funding search. MEETING SCHEDULE: • Chair M. Dolph stated that the next regular meeting is scheduled for Tuesday, May 20, 2008 at Bayside Fire Station.] • Chair M. Dolph offered one additional piece of information for the board: The pending "lease agreement" for the station apartment was forwarded to the Manager's office some months ago. Manager Gifford was reminded that action is needed to implement the lease; Gifford indicated he will move it forward to the Borough Assembly for consideration. ADJOURNMENT: There being no other business, the meeting was adjourned at 9:OOpm. Transcribed & Submitted: M. Dolph - Chair Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Owen, Marion ✓ Pillans, Richard ✓ Mahoney, Ed ✓ Rohrer, Dan ✓ CaII to Order Also in attendance were: Approval of Agenda Visitor Comments SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES January 9, 2008 @ 5:15 PM Borough Conference Room Approval of Minutes — December 5, 2007 Chair asked for approval of minutes with the correction of spelling from new to knew. Correction was made and minutes were approved. Chair Ed Mahoney called to order the Regular Meeting of the SWAB at 5:15pm on January 9, 2008 at KIB Conference Room. Roll CaII M. Barber conducted a roll call and a quorum was established. The following persons were present: Ex- Officio Members: Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Rick Gifford, Woody Koning, Nova Javier and Mary Barber, Kodiak Island Borough. Larry Van Deale, ADF &G, Caroll Tracy, Kodiak Sanitation and Steve Allbee, USCG ISC Kodiak. Others present were Bart and Debra Rippey, Alan Torres, Hunter Roesler, Misty Maynard and Ben Millstein. M. Owen made a motion for the removal of items of the agenda and Chair Mahoney passed out a new agenda for approval. Motion carried with a roll call vote. A. Torres stated that he is a 15 year resident of Kodiak and when the SWAB was created they knew it was a large job and there should have been weekly meetings to accomplish the job at Page 1 1 hand. He stated he was very disappointed in the Board and that the Board should devote more than a monthly meeting to developing a contract. R. Pillans agreed with A. Torres. He stated the Board has a lot of work to do and should be meeting more often. C. Tracy wanted to let the Board know she handed out a picture showing a bear with a cart in Canada. Refer to packet. B. Millstein said he would like to see the Board enlist grad students who do research on innovative solid waste programs around the country. L. Van Daele handed out a letter written by him, State Dept. of Fish & Game to J. Selby complimenting the Borough Assembly for devoting the time and resources necessary to take a comprehensive look at the challenge of solid waste management here on Kodiak. He wanted the Board and the Assembly to consider the impact their actions will have on the bear safety program that has been developed for Kodiak. Refer to packet for complete letter. Reports E. Mahoney told the Board he would like to see the Board get on track. Start having work sessions along with the Board's regular meetings. He stated he was put out by Bell & Associates pushing the process through without the Board having a handle on the big picture first. He felt Bell & Associates were circumventing the process. Refer to packet for full report. He stated that at Threshold's meeting January 8 there was discussion that the KIB might extend the collections contract, so he feels the Board should go a new direction. Discussion: Chair's Report C. Lynch stated if the Board deviates from the contract the KIB could incur more cost. D. Rohrer felt Bell & Associates was not encouraging the big picture. By piecing the RFP together it's hard to know what the costs will be in the end. He likes the idea of putting the collections part back into the pie. M. Kozak agreed with D. Rohrer and said that since the very beginning it feels like there has been a push to hurry the process along. Page 1 2 B. Hinkle agreed with everyone, but stated the delay could end up costing the KIB quite a bit more money. He felt the memo from Bell & Associates was pretty much what the Board wanted to see in the RFP. He felt the process is confusing and understands the push, but likes the extension concept. E. Mahoney asked R. Gifford if the KIB has extended the collections contract. R. Gifford said there is talk of an extension, but it will need to go before the Assembly for approval. D. Rohrer suggested that the RFP be removed from the contract if the collections contract is extended. R. Gifford stated that if the collections contract is extended for 2 years, time goes by fast and collections will need to be part of the final product. D. Rohrer suggested the Board move away from collections, possibly work on transfer stations. M. Kozak said there are issues with snow and ice where trash is concerned. Tuesday trash wasn't picked up in Aleutian homes and it was being blown all over the place. Trucks do have a hard time when there are snow berms in front of or beside the trash bins. Unfinished Business None New Business Removal of the RFP process from Bell & Associates Study. Discussion: E. Mahoney stated he was hesitant on moving forward with the collections RFP. D. Rohrer wasn't sure if the Board should remove it or bump it to the end of the process. E. Mahoney said it should be moved to the end. He stated he is very impressed with the Juneau study and feels the Board should follow it. F. Holm would like the Board to ask Bell & Associates help develop the next stage of the study to work on. Page ( 3 E. Mahoney wants to have a work session to decide what the next item to work on should be. D. Rohrer reminded the Board that Bell is working off a contract and they should be the ones to decide the next step. According to the email dated December 20, 2007 from C. Bell to R. Gifford, the longer the Board and the Borough reconsider prior decisions the more expensive this process will become. F. Holm asked R. Gifford about the collections RFP and if there was going to be an extension on the current contract. R. Gifford said that the Board is only seeing one side of the emails between the KIB and Bell. He understands the Boards concerns, but ultimately the Borough is responsible for keeping Bell & Associates up to date on the Boards process. E. Mahoney said he has a problem with the Borough going to Bell and not the Board. R. Gifford reminded the Board that the Borough has the contract with Bell. C. Lynch suggested if the Board is going to pick a different item to work on they need to use the guidance survey that Bell & Associates gave to them in the beginning of this process. There is a flowchart of items and that's where the Board needs to put their focus. E. Mahoney stated that was good advice. Take a piece of the puzzle and start from there. M. Kozak wanted to know if there is any actual figures as to what the difference in cost of current contract would be if the process is fast or not? T. Mitchell stated there would be an increase of approximately $400,000 to the current contract. E. Mahoney said the Board doesn't need to get into the specifics of the current collections contract cost. Asked the Board about moving the RFP processor remove it completely? R. Pillans wanted to know about delaying the RFP. D. Rohrer made a motion to recommend to the Assembly to move the RFP in Bell's contract from 5B to 10B. Discussion: B. Millstein stated that the Board may be able to leave that up to the Manager. R. Gifford told the Board that he needs to know what the Board wants. Page 1 4 E. Mahoney said the Board wants the final draft prior to going to the Assembly with recommendations. D. Rohrer said the Board may not need the final draft. R. Pillans asked if the scope of work changed how it would affect Bell's cost. Being no second on the motion the motion died. Visitor Comments A. Torres said the cost to the community the first year will be substantial and even more the second year if the collections contract is extended. W. Koning addressed two points to the Board. One being a RFP doesn't take a couple of weeks to go out and get, one must develop the RFP, advertising and selection all take time. Also, he wanted to let the Board know that an RFI is nothing more than a recruiting effort to see what interest if any is out there. Second point is that the Board should continue to make decisions that Bell & Associates organizes for the Board to recommend to the Assembly. This doesn't set these recommendations in stone; it just keeps the process moving forward. Board Comments M. Owen wanted a recommendation from W. Koning about which piece of the pie the Board should work on next. W. Koning stated that Staff should talk to Bell & Associates for a recommendation. M. Owen wondered about the landfill life and felt the Board should have more meetings to get this study moving along. F. Holm — none D. Rohrer stated Bell & Associates have another twelve months by extending the collections contract, so he felt the Board should meet every couple of weeks. C. Lynch — none M. Kozak said W. Koning had valid points. He didn't see any reason why the Board can't move forward with the information already addressed and forwarded to Bell. B. Hinkle said he agreed with the Board having more meetings. Need to sit down and figure it all out. He didn't understand the recycling part of the RFP. Page 1 5 T. Mitchell — none B. Altenhof said he was glad about the discussion that took place tonight. R. Pillans also said he was happy with the discussion and wants the Board to have more meetings, possibly meet once a week. D. Darminio — none E. Mahoney said he felt the Board has reached a turning point. He agrees with the rest of the Board to have more meetings. He wants to begin looking at the big picture. He asked the Manager to check with Bell & Associates for topic they feel should be addressed. Meeting Scheduled None. Board will wait to hear from R. Gifford, once he has spoken to Bell & Associates before setting a date for a work session. Adjourn There being no further business, Chair adjourned the meeting at 7 :OOPM. SUBMITTED BY: Mary J. Bar cretary KIB Engineering /Facilities Department APPROVED BY: Ed Ma ney, Chair Soli. aste Advisory Page 1 6 Date: 0B Date: 5- U photo S E Jerome M. Selby, Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Selby, Sincerely, Larry Van Daele, Ph.D. Kodiak Area Wildlife Biologist cc: Kodiak Island Borough Assembly members DEPARTMENT OF FISH AND GAME DIVISION OF WILDLIFE CONSERVATION SARAH PALIN, GOVERNOR 211 Mission Road Kodiak, AK 99615 PHONE: (907) 486 -1880 FAX: (907) 486 -1869 E larry.vandae le @ alaska.gov October 25, 2007 I would like to compliment you and the Borough Assembly for devoting the time and resources necessary to take a comprehensive look at the challenge of solid waste management here on Kodiak. Mr. Mahoney invited me to attend the solid waste advisory board's meeting last night as Bell and Associates presented their preliminary recommendations pertaining to collection options. During the presentation it was obvious that the consultants have a good start at gathering information about our community and synthesizing that information into plans that can reduce the "waste stream ", encourage recycling, and fairly distribute the cost of disposal. As the Advisory Committee and the Assembly consider the options presented by Bell and Associates, I strongly recommend you consider the impacts of your actions on the cooperative bear safety program we have developed for Kodiak during the past several years. Because of this joint effort, we have reduced bear problems considerably even though bears continue to frequent our area. The key factors to this success include public education and minimizing opportunities for bears to get in to any human - related foods (including garbage). I am concerned that our efforts could be undermined, however, if collection methods are changed to include curbside pick -up for areas outside of the city limits. Such a system would increase property damage caused by bears and ultimately reduce public safety. Thank you again for your efforts in tackling this difficult subject and for allowing me to share my professional opinions. I will be glad to assist you in any way I can throughout the planning and implementation process. Chair Report Meeting of 1 -09 -08 Oct 5 -2006 Ltr from CH2MHill Re; Proposal for Design and Construction Services f Kodiak Landfill Lateral Expansion. • On 9 Oct 2006— ON Site Leachate Treatment Evaluation for Lateral Expansion. (I think that was for $14-16K) • On or about Nov. 16, 2006 Sole Source contract with CH2MHill for $392,599.00 based on a landfill date of June 08. • Change order dated Jan -15-07 for $9,994.00 to evaluate the remaining landfill life. (Discovers that there is 8.6 yrs life left in landfill). • Change order dated Feb 27, 07 for "Ground Truth evaluation" of above. (Could have 13.5 years left in landfill) • Dec 18, 2007 I go to Engineering and Faculties and view Bell file. I discover no Business Lic and no Corporate certificate of authority. I inform Tracy and end up with Woody. Woody informs me he will get me a report. • I attend MB Assembly work session on Tue Dec. 18, 2007 and gain support for the board to do the work intended. I • Dec 19, 2007 I discover that Bell has the business license. • meet with Woody on or about Dec 27, 2007 and informed him that Bell was still not on line with the Corporate Certificate of authority. He informed me that Bell did not need to be professional, licensed in the state which I agree with. I again reminded him that per the email I gave him, the Corporate Certificate of authority is a must. • I also requested a records search for certain information from the MB Clerk. (I received that information Yesterday ) • On Jan 2 I asked Tracy to make copies of Juneau' MSW report and the Bell response to the RFP MB put out. • I picked up the reports on Jan 3" and started handing them out. I feel the Juneau report will be very similar to the Kodiak fmal report. • On Jan 8"' I got the information I requested and made copies of an email to Rick Gifford from Chris Bell regarding SW progress. You have that copy. • I also received an email dated Dec. 21, 2007 from Chris Bell indication he indicated he works exclusively with subcontractors and has no employees as it makes life and the paper work much easier. I would suggest that those subcontractors have to operate within the guidelines of #19 Subcontracting in the Agreement of the Solid Waste Mgmt Study. I do not think that has happened. (supplied to you) • • And fmaUy I reviewed the minutes of the May 16, 2007 meeting of Public Works and Facilities Committee Meeting in Juneau. Chris Bell states, "The biggest component is Disposal, both for the short- and long - term." Andrew Carmichael rom: sent: To: Cc: Subject: Rick, Chris Bell [solidwaste @comcast.net) Thursday, December 20, 2007 1:04 PM Rick Gifford ' racy L. Mitchell; Woody Koning; RHertzbg @ aol.com; 'Constance Hornig' SW Progress ,/, T- / ; ? T4e- f W4/3 n the progress of the SW Study and 11 . il�' p g Y i:ZiQm,tkba "4 I; i ) . Time Frame: So far, the RFP process has been pushed back two months. The longer we wait for the Assembly to provide the necessary approval of the current process, the more expensive it will be for the Borough. Right now, we have the opportunity to get the word out that Kodiak is seeking services. As I told Tracy, people are more apt to doing desk work and reading when the weather is cold and dark, so right now is when we need to be moving on this process. It will be very difficult to keeps potential bidder's attention when the weather turns warm and the fish are running. 111111111111 11111111The longer the SWAB and the Borough reconsider prior decisions, the more expensive this process will become. If we can move forward with the decisions that have already been mode, we can keep this project within the budget. If it is decided to slow down the process, then I need to review the additional hours that will be necessary to 'accommodate the Borough. untekihadsabodiat pitopiewanuo,discuwW10-110, . , kn ,p unt* ,g ,t aII Conflicts of Interest• 4 One of the issues that keeps coming up in the discussion with the SWAB is what are the specific atails of the upcoming RFPs. . ► ou there will • 1 be a few • eo • le tha will qualify o be in the Development phase of the RFP because °- f their conflicts. ; RFP Process: We need to get the approval of the Assembly for the proposed collection system. system. 4imareesellilioart.draftile based ©n4heappro{a• tb+ cS tier eatiouereberkendZecembemeeting&tattutAteMbhiandaskfageither ,j). Our timeline is dependent on being able to do a majority of the work in January. Give me a call either today or tomorrow (after 11:00 am your time) to discuss the issues further. Chris Chris Bell, CPA Bell & Associates, Inc. Ph. 360- 3264937 Fax 360 - 326 -8925 Cell 360- 773 -7676 From: Sent: To: Subject: 1. Tracy Carmichael Tracy, No employees. I work wit Chris Chris Bell [solidwaste@comcast.net] Friday, December 21, 2007 12:48 PM Tracy L. Mitchell RE: Certificate of Insurance From: Tracy L. Mitchell [mailto:tmitchell @kodiakak.us] Sent: Friday, December 21, 2007 10:41 AM To: Chris Bell Cc; Mary Barber Subject: Certificate of Insurance Hi Chris, Im ,P1 fur I have been requested to request, if you have employees, to show, on your certificate of insurance, the workers compensation requirement in the agreement between Bell & KIB. Thanks. It makes life, and the paper work, much easier. (5) Reasonable evidence that the project cannot be completed for the unpaid balance of the contract sum; (6) Reasonable evidence that the project will not be completed within the contract time (7) Persistent failure to perform the services in accordance with the contract documents. 16. Final Completion and Final Payment. If the project is totally complete the KIB will cause a final certificate of payment and make payment to the Consultant within thirty (30) days of the date that the project was certified as finally complete on the conditions set forth below. 17. Termination and Default. If the Consultant is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor after he has been paid, or persistently disregards, laws, ordinances, rules, regulations or order of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the KIB may, without prejudice to any right or remedy and after giving the Consultant seven (7) days written notice, terminate the employment of the Consultant and take possession of all materials and documents prepared by the Consultant in connection with the project, and may finish the work by whatever method he may deem expedient. In such case the Consultant shall not be entitled to receive any further payment until the work is finished. (i). If the unpaid balance of the contract sum exceeds the costs of finishing the project, including compensation for the Project Manager's additional services made necessary thereby, such excess shall be paid to the Consultant. The amount to be paid to the Consultant shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the contract. 18. Assignment. This Agreement shall not be assigned by operation of law or through negotiated agreement by the Consultant without the written permission of KIB. However, subcontracting portions of the project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. 19. Wln'cont rL • envbei bound breon 20. Waiver. Failure of the KIB or the Consultant to enforce a specific section of this Agreement against one another or to enforce a particular demand of the KIB or the Consultant made pursuant to the terms of this Agreement shall not effect a waiver of any of the KIB's or the Consultant's rights and powers as set forth in this Agreement. Agreement Solid Waste Mgmt Study FINAL.doc Page 5 of 7 WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING April 15, 2008 Call to Order — 7:15 pm C rr >«'1 OFF CE Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad, George Lee, Craig Breitung Spencer Schaeffer - Excused Guests —None Citizens Comments — None Approval of Minutes — Minutes from March 25, 2008 were approved as presented. Old Business Fire Department — SOP Status — SOP still being developed. Approximately 75% complete for initial group of SOP's. Surplus of Old Engine — Isadore to contact the MB regarding placing the vehicle up for auction with a minimum bid price of $7000. Pager Purchase — Completed, Pagers received Boot Purchase — Completed, Boots received Tanker 23 Repairs — Awaiting information from members regarding manual request, parts list Lighting Upgrade — Suggest waiting until new fiscal year Electrical Repairs — Waiting for rewiring of three exterior receptacles. Road Service — Nixon Ranch Turn Around — MB to survey — Awaiting Staff work for survey. Panamarof Creek Culvert — Isadore has called regarding permit process. Will follow through with calls to appropriate State agencies. Erosion at Sargent Creek Road — Place on a watch status — Conrad to send letter /e -mail to MB staff to get this item on record in writing. New Business Fire Department- Road Service Area — No New Business Discussed Board Member Comments — Flooding Issue — Sargent Creek / Chiniak Drive — Waiting for information from KIB staff. A short discussion was held regarding the issue — Discussion was tabled awaiting KIB Staff research findings. Tanker 22 Electrical Issue — Conrad informed the Board of an electrical / transmission issue with the vehicle. Waiting for follow up information from Hughes Fire with diagnostic codes provided to vendor. Suggested that this is the priority for the department at this time. Isadore to request an updated budget prior to spring work being ordered. Project in or adjacent to salmon streams must be accomplished in early spring window and requires permitting. Lee asked if the survey would help to solve a mailbox issue in the Nixon Ranch area when completed. No discussion. Griffin suggested that the Board consider a land line based answering service through one of the phone providers to minimize calls directly to the chair regarding events / projects. Griffin said he would obtain pricing and conditions for this service. Breitung stated that he was contacted by the Hansen's regarding culvert damage on Alder Drive at their home's driveway. Chair to look at damage. Breitung updated the Board regarding possible guard rail installation at Lake Orbin. State that a survey was done by a local surveyor. Next Regular Meeting to be held May 13, 2008 at 7:OOpm. MOTION: Conrad made a motion to adjourn. Seconded: Horn Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8 :25 pm Witness WOMENS BAY SERVICE AREA BOARD - CORRECTED REGULAR MEETING / BUDGET HEARING MINUTES March 10, 2008 Call to Order — 7:15 pm Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad Craig Breitung, Spencer Schaeffer, George Lee - Excused Guests —Steve Honnold Citizens Comments — Approval of Minutes — Minutes from February 5, 2008 were approved as submitted. MOTION: Griffin made a motion to table all old and new business with the exception of the Budget Packet Review and preparation. Seconded: Horn Voice Vote: All Ayes Old Business Fire Department — Road Service — Mr. Steve Honnold addressed the drainage situation at or near the intersection of Chiniak Drive and Sargent Creek Road. Honnold thanked the Board for the job to date to help keep water from flooding properties south of the intersection with last summers ditching and culvert installation as well as the recent removal of snow placed in the ditch during snow removal events by both the contractor and residents. Honnold stated that he believed the driveway culverts at the Haight property were undersized and were contributing to water crossing the road from east to west at the intersection: He realized that there are significant costs involved and urged the Board to look at working within the existing easements: Honnold expressed concern regarding damage to the culvert on Chiniak Drive that could add to potential flooding with the spring thaw. Isadore mentioned that he has been in contact with the MB staff and is awaiting information regarding existing easements and plats for the area. He stated that when the KIB staff has completed research that a meeting would be held with KIB Staff and the area residents. New Business Fire Department - FY 09 Budget Package Review Conrad presented and reviewed the proposed budget for the Board as prepared by the Fire Department. Discussion was held regarding changes of monies within the budget line items to reflect increases in utilities and insurances. MOTION: Griffin made a motion to accept and forward the Fire Department Budget to the KIB as presented. Seconded: Horn Voice Vote — Unanimous vote, All Ayes Road Service - FY09 Budget Package Review The Board reviewed the past years budget and prepared the FY09 proposed budget for submission to the KIB as presented. Discussion was held regarding the merits of raising the mil rate to reflect recent costly winter seasons. The general consensus was to not raise the mil rate rather to consider a mil rate hike with the next budget in anticipation of increased cost with the maintenance contract. MOTION: Conrad made a motion to accept and forward the FY09 budget to the KIB as presented. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Board Member Comments — None Next meeting set for March 25, 2008 at 7:OOPM. MOTION — Griffin — Motion made to adjourn at 8:37PM. Seconded by Horn Voice Vote — Unanimous signature on minutes WOMENS BAY SERVICE AREA BOARD - CORRECTED REGULAR MEETING / BUDGET PUBLIC HEARING March 25, 2008 Call to Order — 7:18 pm Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad Spencer Schaeffer - Excused Craig Breitung, George Lee - Not Present Guests —None Citizens Comments — None Approval of Minutes — Minutes from March 10, 2008 were approved as corrected. MAY 1 4 2008 BOROUGH CLERK'S OFFICE Old Business Fire Department — SOP Status — SOP still being developed. Approximately 75% complete for initial group of SOP's. Surplus of Old Engine — Isadore to contact the KIB regarding placing the vehicle up for auction with a minimum bid price of $7000. Dispatch Issues — Discussions are ongoing between the Fire Chiefs, KIB and City of Kodiak Airport Mutual Aid Status — No EMS responsibility per the contract. Mutual Aid with ISC Fire is still in place for ISC property and interests. Road Service — Nixon Ranch Turn Around — MB to survey — Future work to be based on survey. Panamarof Creek Culvert — Culvert is 2/3's full — Plan to sump both ends — Requires State Permitting Erosion at Sargent Creek Road — Place on a watch status — Develop a project list — Creek at that location may not be in the service area boundaries. New Business Fire Department- Flooding Issue — Sargent Creek / Chiniak Drive — A short discussion was held regarding the issue — Discussion was tabled awaiting MB Staff research findings. Pager Purchase — A request was made to consider the purchase of 10 Minitor V Voice Pagers with Bases — Need is due to increased membership and older pagers becoming outdated — Approximate cost $400 - $450. MOTION: Griffin made a motion for the purchase of pagers with a limit of $5000.00 for ten pagers. Seconded: Horn - Voice Vote — Unanimous vote, All Ayes Boot Purchase — A request was made for the purchase of "bunker boots" due to increased membership and replacement of old boots. MOTION: Conrad made a motion for the purchase of boots with a limit of $1500.00. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Tanker 23 Repairs — The Board was informed that repairs are needed for Tanker 23 due to winter freeze damage. Conrad stated the officers would monitor the spending and report the cost and status to the Board. Lighting Upgrade — A discussion was held to look at possible "in- house" upgrade in an attempt to reduce energy costs. The department was considering updating the ballast for the fluorescent light fixtures and possibly using motion and timed lights. The projects will be considered and the Board consulted prior to the upgrades occurring. Electrical Repairs — The Board was informed that due to electrical problems, Local Electric was contacted to perform diagnostic and repair services. Repairs were underway and the costs were anticipated to be less that $500.00. Road Service Area — No New Business Discussed Public Hearing — Opened at 8:09 pm Fire Department Budget FY09 The Fire Department Budget was reviewed as submitted. MOTION: Conrad made a motion to approved and forward the budget to the MB Finance department for consideration and inclusion for FY09. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Road Service Area Budget FY09 The Road Service Area was reviewed as submitted. MOTION: Griffin made a motion to approved and forward the budget to the MB Finance department for consideration and inclusion for FY09. Seconded: Horn Voice Vote — Unanimous vote, All Ayes Public Hearing Closed at 8:15 pm. Board Member Comments — None MOTION: Conrad made a motion to adjourn. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes — Meeting adjourned at 8:30 pm Next Regular Meeting to be held April 15 at 7:OOpm. MOTION — Griffin — Motion made to adjourn at 8:37PM. Seconded by Horn Voice Vote — Unanimous G V Z O 5: W m N I ON 1 saA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch 1 }IeMSO 'AN Ms. Stutes TOTAL In case of a tie Mayor Selby C 4 Z O U m N ON 0 SaA \ \ Y Mr. Abell 43' Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby -77) a 4; �j Z c=?., O ,. >' W m N ON saA \\, - 1 NYONE WISH TO CHAN L--. !logy 'J W Ms. Branson* Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby ON SeA v Iv S30a !logy 'JAI Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch 1 }Iemso 'JW Ms. Stutes TOTAL In case of a tie Mayor Selby 0 Z O >' W m N 0 Z O U m N O N SaA !logy .. m Ms. Branson 1 Mr. Friend 1 Ms. Jeffrey Ms. Lynch 1 Mr. Oswalt 1 Ms. Stutes TOTAL In case of a tie Mayor Selby 4- 0 Cl/assembly/roll call sheet , c. >' m Q Z 0 W N (3'c ON Sal >. Ilagv . aW Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch �IeMSO 'J W Ms. Stutes TOTAL In case of a tie Mayor Selby 5: m Z O W N S 1 ON 0 saA I lagv %I A! Ms. Branson puau j 'JW Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby \ CO �p v t '' ON saA NWH Ilagv 'JW Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch .1IeMSO 'JW Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby P .. 0 Z O W vl 5: m .91--- z O W N �f' w c� ON 3 gaA 0 0 Id S30a Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch 'fr I lleMSO •JW Ms. Stutes TOTAL r a e jo aseo ul Mayor Selby >- m Z O W Vf ON 'saA Mr. Abell Ms. Branson Mr. Friend f Aaagar 'so] Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL 1 In case of a tie Mayor Selby U 0 co b.0 GC a1 a) 0 U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet ,A, Q .>.)-, si; v .s,.- 6 a_ (/) W m N ON (3 I SaA \..,,,\, \-. Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt 44 Ms. Stutes TOTAL In case of a tie Mayor Selby - t - Z O W m V1 ' \ ' c d� O N Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch * Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby s ` . ... 0 , W m N -_--?_. c:,.... 2 ON ' SaA 1 ,, NVH 1 !logy 'a W Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes NYONE WISH TO C TOTAL 1 In case of a tie Mayor Selby 0 1_ .__, ,, j G v' Z O 5: W CD N ,___,: . - G O N sa IV SI llagv 'aW Ms. Branson I Mr. Friend 4,11- Ms. Jeffrey J Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL al }atoaseDui Mayor Selby Z O 5: W m N '' / O N SaA Ilacw •aW osueae •sW Mr. Friend I 1 Ms. Jeffrey 1 Ms. Lynch Mr. Oswalt 1 Ms. Stutes I TOTAL 1 In case of a tie Mayor Selby 0 CD Cl/assembly/roll call sheet m C z O W In I ON I saA Mr. Abell I Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby 5: m G z O W H I ON sa Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby >- m 6 Z O W H ON saA '', NVH Mr. Abell Ms. Branson Mr. Friend AaaHar •sW Ms. Lynch �lennsp •aW Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby 5: m c z O W H ON saA IV SI Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch J Mr. Oswalt Ms. Stutes J • ci TOTAL In case of a tie Mayor Selby 0 Z O V 6 ON saA 1 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes4 TOTAL In case of a tie 1 Mayor Selby Cl/assembly/roll call sheet 2. PLEDGE OF ALLEGIANCE 1. INVOCATION Captain John Quinn of the Salvation Army. 3. ROLL CALL Kodiak Island Borough Assembly Regular Meeting Guidelines June 5, 2008, 7:30 p.m., Borough Assembly Chambers KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. *APPROVAL OF MINUTES A. May 1, 2008 Regular Meeting Minutes. 6. AWARDS AND PRESENTATIONS ✓ A. Proclamation — Mayor Selby • Declaring Filipino American Heritage Week, June 8 -14, 2008. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) Clerk's note: Attached on _ is a substituted copy of Ordinance No. FY2009- 01. Copies are made available to the public. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 1 Recommended motion: Move to adopt Ordinance No. FY2009 -01. Staff report — Manager Gifford. Please note the changes in the substituted version. Recommended motion: Move to amend Ordinance No. FY2009 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record, Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION AS AMENDED. B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. Recommended motion: Move to adopt Ordinance No. FY2008 -20. Staff report — Clerk Javier. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record, Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -35 Between the Kodiak Island Borough and Kodiak Island Convention & Visitors Bureau for Destination Marketing and Tourism Development Services For FY2009. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 2 Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -35 with Kodiak Island Convention & Visitors Bureau for Destination Marketing and Tourism Development Services for FY 2009 in the amount not to exceed $55,000. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough For FY2009. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -36 with Kodiak Chamber of Commerce of Kodiak, Alaska in the amount not to exceed $43,000 for FY2009. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. *Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 2. Resolution No. FY2008 -38 Authorizing a Renewed Short-Term Lease and Material Sales Agreement with Brechan Enterprises for Tracts B1 -, B2, B3, and B4 -A, Bells Flats, Alaska Subdivision. Recommended motion: Move to adopt Resolution No. FY2008 -38. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. Clerk's note: Attached on — is a corrected copy of Resolution No. FY2008 -39. Copies are made available to the public. Recommended motion: Move to adopt Resolution No. FY2008 -39. Staff report — Manager Gifford. Assembly discussion. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 3 ROLL CALL VOTE ON MOTION. 4. *Resolution No. FY2008 -40 Accepting the Pre - disaster Mitigation Grant From the Division of Homeland Security and Emergency Management for the KIB Non - Structural Seismic Bracing Project in the Amount of $75,490 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. 5. *Resolution No. FY2008 -41 Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical & Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. C. Ordinances for Introduction 1. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. Recommended motion: Move to adopt Ordinance No. FY2008 -21 in first reading to advance to public hearing on June 19, 2008. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. *Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 to Budget for Several Grants. D. Other Items 1. Resignation of Parks and Recreation Committee Member. Recommended motion: Move to accept, with regret, the resignation of Cassandra Juenger from the Parks and Recreation Committee for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code. Staff report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Mayoral Appointment of an Alternate Member to the Cook Inlet Regional Citizens Advisory Council. Recommended motion: Move to confirm the mayoral appointment of Woody Koning to a three -year alternate seat to expire January 2011 on the Cook Inlet Regional Citizens Advisory Council. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 4 Staff report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Resignation of Solid Waste Advisory Board Members. Recommended motion: Move to accept, with regret, the resignations of Bill Hinkle for a term to expire December 31, 2010 and Dan Rohrer for a term to expire December 31, 2009 from the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancies per Borough Code. Staff report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will meet in a work session on Thursday, June 12, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 19, 2008 at 7:30 p.m. in the assembly Chambers. 16. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. Please invite the Assembly members and Clerk to join in executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 5 ROLL CALL ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 15, 2008 Page 6 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of:' \uoke I f Please print your name Please print your name