Loading...
2007-10-18 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 18, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Proclamation B. Employee of the Quarter C. Longevity Awards 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -14 Household Hazardous Waste Building Project. 2. Contract No. FY2008 -15 Seawater Pump Replacement Project. B. Resolutions 1. Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held October 2, 2007. C. Ordinances for Introduction 1. 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. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 D. Other Items 1. Oath of Office to Newly- Elected Officials. 2. Presentation to Outgoing Assembly Member. 3. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. 4. Release of a Truncated Version of the Attorney's Opinion Regarding Assembly Member Attendance. 5. Board of Adjustment's Adoption of Findings of Fact - An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. 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. Gravel Task Force Committee Regular Meeting of September 10, 2007. 2. Fire Protection Area No. 1 Regular Board Meeting of August 21, 2007. 3. Parks and Recreation Committee Regular Meeting of July 24, 2007. 4. Service Area No. 1 Board Regular Meeting of April 16, 2007. B. Reports 1. Kodiak Island Borough September 2007 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 `1. INVOCATION j Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 1 Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION /1 APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Kodiak Island Borough Assembly Regular Meeting Guidelines October 18, 2007, 7:30 p.m., Assembly Chambers A. Proclamation — Mayor Selby B. Employee of the Quarter — Administrative Official Bud Cassidy C. Longevity Awards — Administrative Official Bud Cassidy 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. J Please ask speakers to sign in and state their name for the record. COMMITTEE REPORTS V PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11/ MESSAGES FROM THE BOROUGH MAYOR V _12,/ UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 1 13. NEW BUSINESS A. CONTRACTS 1. Contract No 2008 -14 Household Hazardous Waste Building Project. Recommended i . , • ve to authorize the Manager to execute Contract No. 200', 4 i Red Hook Construction, LLC of Kodiak, Alaska in the a _ • not o exceed $64,591 for the period of October 18, 2007 through Jun • , 2008. Staff Report — Administrative Official Cassidy. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2008 -15 Seawater Pump Replacement Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2008 -15 with Alaska Pump and Supply, Inc. of Anchorage, Alaska in the amount not to exceed $46,402 for the purchase of two pump assemblies and two discharge heads for the seawater supply system at the Kodiak Fisheries Research Center. Staff Report — Administrative Official Cassidy. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. RESOLUTIONS 1. Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held October 2, 2007. Clerks Note: Dawn Black will assume the duties of the elected seat for the Bay View Road Service Area Board. is the corrected resolution. Recommended motion: Move to adopt Resolution No. FY2008 -10. Staff Report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 2 C. ORDINANCES FOR INTRODUCTION 1. 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. Recommended motion: Move to adopt Ordinance No. FY2008 -09 in first reading to advance to public hearing on November 1, 2007. Staff Report — Administrative Official Cassidy or may be deferred to Assembly member Oswalt who sponsored the Ordinance. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. OTHER ITEMS. 1. Oath of Office to Newly- Elected Officials. The Borough Clerk will administer the Oath of Office to Newly- Elected Mayor Jerome Selby and Assembly members Pat Branson and Louise Stutes. 2. Presentation to Outgoing Assembly Member. Mayor Selby will present the plaque to outgoing Assembly member Williams. 3. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. Recommended motion: Move to convene into executive session to discuss Attorney's opinion regarding Assembly Member Attendance which qualifies for executive session under potential or pending litigation and confidential attorney- client communications. ROLL CALL VOTE ON MOTION After the vote, please invite all Assembly members, the Administrative Official, Clerk's Office Staff, and the Borough Attorney to participate. Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 3 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. ROLL CALL VOTE ON ANY MOTION 4. Release of a Truncated Version of the Attorney's Opinion Regarding Assembly Member Attendance. Recommended motion: Move to release a truncated version of the Attorney's opinion regarding Assembly member attendance. Staff Report — Mayor Selby or Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION. Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 4 5. Board of Adjustment's Adoption of Findings of Fact - An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. Mayor Selby announces that this is the continuation of the October 4, 2007 proceedings of the Board of Adjustment. It is NOT always necessary for you to convene into executive session. If you choose NOT to convene into executive session, please proceed to the recommended motion to adopt. The Assembly may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION. After the vote, the Mayor invites the Assembly and Clerk's Office Staff (Administrative Official should not be invited) to join in executive session and recesses the Board of Adjustment. Upon returning from executive session, Mayor Selby reconvenes the Board of Adjustment. Recommended motion: Move to adopt the findings of fact and conclusions supporting the October 4, 2007 Board of Adjustment's decision of reversing in whole the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to AIIow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to AIIow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. Pleas Please c n u m e ra }c the findin of fart and non e V 111J111V1 numerate 111V findings 11 11 V VI fact and VVI IVI4VIVI IV. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 5 The parcel exhibits exceptionally steep physical characteristics that make it difficult to construct a reasonable dwelling anywhere else on the parcel except where the existing structure is located. The steep terrain found at this site differs markedly from other similar parcels in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as C – Conservation, and the existing use is a permitted use in the district. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant purchased this parcel assuming that all issues associated with the cabin's location had been taken care of by the previous owner. It was the applicant who brought in the as -built survey and went through the variance process when it became apparent that the Borough's setback requirements had not been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. Assembly discussion. ROLL CALL VOTE ON MOTION. After the vote, the Mayor reads: Any person aggrieved by a final decision of the Board of Adjustment under this chapter may appeal that decision to the Superior Court within thirty (30) d ys p fflt e —le A I to Superior Court shall be heard solely on the record bhe u a y a yr/ a is cci$ioii. An i app.: w Superior Court shall be heard v .w��� y on � u ,�. record ...,..,.., before .., ,.. f a ustment or its hearing examiner and the commission. The appeal procedure shall be ver y the rules set forth in part six of the Rules of Appellate Procedure of the State of Alaska. The findings of the Board of Adjustment shall not be reversed, if in light of the whole record they are supported by substantial evidence. Kodiak Island Borough Assembly Guidelines Page 6 October 18, 2007 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 next regular work session of the Assembly is scheduled on Thursday, October 25, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, November 1, 2007 at 7:30 p.m. in the Borough Assembly Chambers. Mayor Selby invites the public to join in the celebration for newly sworn in officials and thanking Assembly member Williams for her years of service. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 18, 2007 Page 7 n a) 0 U • . C , cct U c a 6, U S 0 a w 00 0 c E� 0 �� • x U (.1 MCI z 0 z 0 • up cno U � 4 0 o 0 C.?r' C) Mr. Abell Ms. Branson Mr. Friend " ' c r Ms. Jeffrey uouX1 'spsl tlImsO Ms. Williams TOTAL o U Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoual 'sN Mr. Oswalt sawIIITAk 'sl\i TOTAL M � 'C 0 0 N z -. ii Ms. Branson Mr. Friend Ms. Jeffrey Mr. Oswalt Ms. Williams TOTAL MM � 6 0 N Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukj 'sI,l Mr. Oswalt Ms. Williams r TOTAL co 0 v 0=4 Mr. Abell 11 Ms. Branson II Mr. Friend Ms. Jeffrey tptag II Mr. Oswalt II Ms. Williams TOTAL n a) 0 U • . C , cct U c a 6, U S 0 a w 00 0 c E� 0 �� • x U (.1 MCI z 0 z 0 • up cno U � 4 0 o O M �, O W CIS Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey tjouk- Mr. Oswalt Ms. Williams TOTAL Ci) \\;) .1 pa cn ''-; Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey tjouk Mr. Oswalt `1 Ms. Williams TOTAL 'S 0 't - M � 8 W CIl 'Tow 'JIAi Ms. Branson Mr. Friend 'agar 'SW tjou i 'sjAi Mr. Oswalt Ms. Williams TOTAL \ o 0 cn Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Aer rjoukj 'SJA Mr. Oswalt surttjj!M 'SW TOTAL U �- 0 L-2..\-' ■5C3 ti 11 Mr. Abell 11 Ms. Branson pu •J I 4 i(a,,p s tjoua7 'sb\i II Mr. Oswalt f suz sy� II TOTAL I b ` 0 GQ ) 0 Q) 0 a) N az H tV � (4 o U � y S W F-1 0 z x O c n • 0 • c z 0 w 0 ›, 0 0 o 0 co b 0 0 CIS Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uouX'I 'SLA1 Mr. Oswalt SUtiitticl 'SW TOTAL , co 'd 0 0 pay . .nAl Ms. Branson Mr. Friend Ms. Jeffrey uoukj 48ms0 'JYAl Ms. Williams TOTAL co 'C 0 0 v) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey gou/CZ Mr. Oswalt Ms. Williams TOTAL co o 0 O 8 v) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukj Mr. Oswalt Ms. Williams TOTAL GO 4N H Mr. Abell Aer II Ms. Branson I) Mr. Friend I) Ms. Jeffrey uouk7 sy� II II Mr. Oswalt su u lcl 's lAl II TOTAL ^d o 0 N cn • U O N,st P4 0 0 H O O ,4 e •. O c7 a X00 o 0 N O OM cct z 0 z 0 c 0 0 N 8 U Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING ahh Regular Meeting of: Please print your name TITLE: Contract No. FY2008 -13 Providing of Shot Rock Cover at the Kodiak Island Borough Landfill. SUMMARY: The landfill is required to cover municipal waste daily with a minimum of six (6) inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project in 2005 which provided for some of the clearing needed in the area for this project. This rock project is expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Three firms responded to the RFB for the shot rock development. Bids were as follows: Anderson Construction Company, LLC Brechan Enterprises, Inc. D &L Construction Company, Inc. Staff reviewed each proposal and it is recommended LLC be awarded this contract for $83,000. FISCAL NOTES: Account No.: 530 -731 430 -140 Amount Budgeted: Expenditure Required: $ 83,000 APPROVAL FOR AGENDA: ` KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING $ 83,000 $149,500 $464,200 ITEM NO. 13.A.1 that Anderson Construction Company, RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2008- 13 with Anderson Construction Company, LLC of Kodiak, Alaska in the amount not to exceed $83,0000 for the period of October 18, 2007 through January 31, 2008. Kodiak Landfill Shot Rock Development Project KODiAK ISLAND BOROUGH PROPOSAL of NAME OF CONTRACTOR fvos.. 25o.r( Ce,, 57 b4 i 4 Cd ADDRESS p. !� �ak� Jl� f Coi 7 4 K� 4-.)‹ 991./5 To the Borough Manager of the Kodiak Island Borough: The Undersigned proposes to furnish and install all materials required in the construction of Kodiak Landfill Shot Rock Development Project, located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation: that he has carefully examined the specifications and General Provisions; and that he has made a personal examination of the site of the work and that he is to furnish and install all the materials specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required by the Instruction to Bidders within 10 days or such time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, we forfeit the accompanying check or bid bond to the Kodiak Island Borough as liquidated damages, and the said Borough Manager niay proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within fifteen (15) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of January 31. 2008, per the contract. The Undersigned shall sign a Contract containing a liquidated damage clause and other requirements as stated by law, the liquidated damage clause shall be One Hundred Dollars ($100) per each calendar day after contract completion. The Undersigned proposes to furnish 100% of the contract Payment Bond in the amount of $ 4T 3 Do v___.2) and 100% of the contract Performance Bond in the amount of $ 4 : 3' p aQ . v _ as surety conditioned for the full, complete and faithful performance of this contract and to indemnify and save harmless the Kodiak Island Borough from any damage or loss for which the Kodiak Island Borough may become liable by the default of Undersigned. or by reason of any neglect or carelessness on the part of the Undersigned, his agents or employees or by or on account of any act of omission of Undersigned, his servants, agents or employees in performance of this contract. .it :.a3-.i wotar 9 x..#AT9.M1_4 .... we_!&'d:€% 'ifi#S.Y.'EF_Y .akf9f!ti _ glawkw 'bs \ Dove'dcpartments`J:I ".Baler Facility ''\ \RPPs \Rl f3sTY2008\Landill Shot Rock Development \2007 \2007 RFB Doc Packet \Proposal 8.9.07.docx Page 1 The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one -year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and /or specifications (Give number and date of each. If not received, write in the word "NONE "). ADDENDA Signature: Date: Title: Address: S.-eft 2 • c ' D 7 $ote Ma.44h y K� o,ta-ik ) g}ic_ '94 5 Bid Schedule. (see attached) Kodiak Landfill Shot Rock Development Project DATE ISSUED ADDENDA DATE ISSUED * •a es P. v. '1',* r T r -,F: ;x 1 £P! n:.YIRMIr as u5& ,31ti t Y_FSAT,,, fa4S PPM)L.1435. .61T ±MtektegORStIr.sm Ati1:WA,•:atri!!MOVISAM \11)ovc\departments \I F\Baler Facility \RI =Ps \RFBs1PY2008 \Landfill Shot Rock Development \2007\2007 RFB Doc Packet'iProposal 8.9.07.docx Page 2 1.02 LS Clearing and Grubbing Section 02202 (Per Lump Sum) Total Bid Items 1.01 through 1.02 Date: (Seal if by Corporation) Kodiak Landfill Shot Rock Development Project 811) SCHEDULE Kodiak Landfill Shot Rock Development Project Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 1.01 LS Drill & Shoot Section 02090 vo bb (Per Lump Sum) $ GI 1 b0 $S i � c. e> v e , $ 3acoo Respectfully submitted: By: A h .04 a n) C a/ksT.e 7 Contracting Firm Q USW Signature Sall / ekhi9W Title - P. a. 13.0)( c 3/a Business Address 7 Z / 4ic.. .9 �s as $ o r+pti!F!'- n a,. i xar,.p.._::: ,zs anx+p ; s a �.mc .r_, ...,nmcffftb w., ... _ .4 '.ADove' .,Bale Facility Rrl'sARI Bs11'Y2008\Landfill Shot Rock Development \2007,2007 RFB Doc f acket \Bid Schedule 8.9.07.docx Page I Kodiak Landfill Shot Rock Development Project 1 2007 OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2008 -XX THIS AGREEMENT, made this day of , A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of Kodiak, Alaska, hereinafter called the Contractor. WITNES SETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish labor and install the materials and complete and perform all the work and labor required for the Kodiak Landfill Shot Rock Development Project located within the Kodiak Island Borough, Kodiak, Alaska, according to the Contract Documents therefore and for the sum of ($ .00 ) Dollars. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf l` Kodiak 1 T 1 / Borough, t. _1` ___.__1 injury, _1 1 _ _ bodily � _ __ �__`t_ or the Kodiak Isianu Borough, by reason of personal injury, including oodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. The Contract entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said \ \Dove \departments \EF \Baler Facility\RFPs \RFBs \FY2008 \Landfill Shot Rock Development \2007 \2007 RFB Doc Packet \Agreement 8.9.07.docx Page 1 Kodiak Landfill Shot Rock Development Project 1 2007 Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings 7. General Conditions 8. Standard Specifications Incorporated by reference 9. Instruction to Bidders 10. Invitation for Bids 11. Bid Form 12. Performance and Payment Bonds In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before January 31, 2008. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion /delivery, acceptance by the Kodiak Island \ \Dove \departments \EF \Baler Facility \RFPs \RFBs \FY2008 \Landfill Shot Rock Development \2007 \2007 RFB Doc Packet\Agreement 8.9.07.docx Page 2 Borough and invoicing by Contractor /Contractor. The bonds given by the Contractor in the sum of 100% Payment Bond, and 100% Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from the date of the Notice to Proceed to January 31, 2008. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk Kodiak Landfill Shot Rock Development Project 1 2007 \ \Dove \departments \EF \Baler Facility \RFPs \RFBs \FY2008 \Landfill Shot Rock Development \2007 \2007 RFB Doc Packet\Agreement 8.9.07.docx Page 3 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Kodiak Landfill Shot Rock Development Project 1 2007 INSURANCE SPECIFICATIONS Contract No. 2008 — XX The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. These certificates and policy endorsements must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by applicable state law (A.S. 23.30.045) for all employees to be engaged in work at the site of the project under this Agreement. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000 per person, $100,000 per occurrence. B. Comprehensive (Commercial) General Liability Insurance The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than two million ($2,000,000) dollars per occurrence and annual aggregates where generally applicable. And will include premise operations, independent contractors, products /completed operations, broad form prop property damage, blanket n tra t , l and personal endorsements. The Kodiak .,1LJ L11a111�1,L contractual a114 pe1Junal 1IIJUly endorsements. 111G 11uu1ar. Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -owned vehicles and with coverage limits not less than $100,000 per person, $300,000 per occurrence bodily injury, and $50,000 property damage. \ \Dove \departments \EF \Baler Facility \RFPs \RFBs \FY2008 \Landfill Shot Rock Development \2007 \2007 RFB Doc Packet \Agreement 8.9.07.docx Page 4 Kodiak Landfill Shot Rock Development Project 1 2007 The Contractor shall furnish certificates and policy endorsements issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and /or Materials Change shall be sent to Director, Engineering /Facilities Department, Kodiak Island Borough." Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and /or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \ \Dove \departments \EF \Baler Facility\RFPs \RFBs \FY2008 \Landfill Shot Rock Development \2007 \2007 RFB Doc Packet \Agreement 8.9.07.docx Page 5 TITLE: Contract No. FY2008 -14 Household Hazardous Waste Building Project. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING Household hazardous waste (paint, batteries, etc.) are processed inside the baler building at the landfill. Due to health and safety concerns both OSHA and AMLJIA have recommended that a storage area outside of the baler building be utilized to process batteries and flammable materials or liquids. This building project will provide such an area. The building will be built similarly to the City's Park and Recreation storage unit located near Baranof Park; two Connex vans with a roof. The building area will provide easy access for the public to drop off household hazardous waste as well as a ventilated, covered area for baler staff to process the waste materials. The Borough received four responsive bids for this project: Red Hook Construction, LLC Brechan Enterprises, Inc. Twin Peaks Construction, Inc. Alaska Professional Construction, Inc. FISCAL NOTES: Account No.: 530 - 731 - 430 -140 Amount Budgeted: Expenditure Required: $64,591 APPROVAL FOR AGENDA: /b RECOM 04 with the perio $ 64,591 $ 85,187.63 $ 91,198 $120,000 ITEM NO. 13.A.2 TION: Move to authorize the Manager to execute Contract No. FY2008- nstruction, LLC of Kodiak, Alaska in the amount not to exceed $64,591 for r 18, 2007 through June 17, 2008. To the Borough Manager of the Kodiak Island Borough: Kodiak Landfill HHW Building Projec KODIAK ISLAND BOROUGH PROPOSAL of NAME OF CONTRACTOR A en , o k £ ;5 Lich 0 r , 1.1 ADDRESS PD. (3t7C 6510 I( K K qG Is The Undersigned proposes to furnish and install all materials required in the construction of Kodiak Landfill HHW Building Project, located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the specifications and General Provisions; and that he has made a personal examination of the site of the work and that he is to furnish and install all the materials specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required by the Instruction to Bidders within 10 days or such time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, we forfeit the accompanying check or bid bond to the Kodiak Island Borough as liquidated damages, and the said Borough Manager may proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within fifteen (15) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of June 17, 2008, per the contract. The Undersigned shall sign a Contract containing a liquidated damage clause and other requirements as stated by law, the liquidated damage clause shall be One Hundred Dollars ($100) per each calendar day after contract completion. The Undersigned proposes to furnish 100% of the contract Payment Bond in the amount of $ £ /, 5C1/ , 00 and 100% of the contract Performance Bond in the amount of , :.1 , r;i ,/i 0171f ,7 `1 / a (J 1✓ dS surety GU1 unioI!GU 10! LUG lull, euIlIplcLc c1111.1 1dIL111U1 performance of this contract and to indemnify and save harmless the Kodiak Island Borough from any damage or loss for which the Kodiak Island Borough may become liable by the default of Undersigned, or by reason of any neglect or carelessness on the part of the Undersigned, his agents or employees or by or on account of any act of omission of Undersigned, his servants, agents or employees in performance of this contract. \ \Dove \departments \EF\Baler Facility\RFPs \RFBs\FY2008\HHW Building Project \Proposal 8.6.07.docx Page 1 of 2 The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one -year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (Give number and date of each. If not received, write in the word "NONE "). ADDENDA Signature: Date: Title: Address: 9. /9 2ov'7 Bid Schedule. (see attached) DATE ISSUED 0 k bDt isk 9 tar Kodiak Landfill HHW Building Project .1)07 ADDENDA DA'L'E ISSUED 1/3 024' Move\dcpartments\ERBaler Facility\RFPs \RFBs\FY20084II-IW Building Project \Proposal 8.6.07.docx Page 2 of 2 Date: 9 c28-,,v0-1 (Seal if by Corporation) Kodiak Landfill HHW Building Project BID SCHEDULE Kodiak Landfill HHW Building Project f /UbK (f) o Ltc 1( —C , in strict conformance with the Contract Documents, will perform all of the work for the Kodiak Landfill HHW Building Project including: Provide all associated labor, material and equipment to perform the work associated with building the container storage building as described in the scope of work and as shown on the attached drawings for a lump sum price of: fur r/- u C� gv -[ uulilag a � rI d ollars $ Respectfully submitted: BY: 413 iiriketn5Nacitoki Contracting Firm (35I Business Address -6)01,0e. qqw_c \\ Dove\ departments \EF \Baler Facility \RFPs \RFBs \FY2008 \HHW Building Project \Bid Schedule 8.6.07.docx Page 1 of 1 HHW BUILDING PROJECT Will look Similar to City's Parks & Recreation Building • •■•■• at • . _ . bee ePr:' • TITLE: Contract No. FY2008 -15 Seawater Pump Replacement Project. Staff recommends replacement of degraded parts as follows: 2 each Goulds 4 stage Vertical Turbine Pump Assemblies — FOB Kodiak 2 each Engard Coated Steel Discharge Head Assemblies — FOB Kodiak FISCAL NOTES: Account No.: 555 - 758 - 483 -140 Amount Budgeted: $175,000 Expenditure Required: $46,402 APPROVAL FOR AGENDA: .4` KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING ITEM NO: 13.A.3 SUMMARY: Production of adequate volumes of continuous seawater for lab experiments at the Kodiak Fisheries Research Center is a primary commitment made by KIB as landlord to NOAA, the tenant. The facility is nearing ten years old and thus it is time to evaluate systems and equipment to assure continuous functionality for the future. The four seawater pumps currently in service are worn as evidenced by the lower volumes of seawater they are able to produce. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2008- 15 with Alaska Pump and Supply, Inc. of Anchorage, Alaska in the amount not to exceed $46,402 for the purchase of two pump assemblies and two discharge heads for the seawater supply system at the Kodiak Fisheries Research Center. COLGJOG30 r � � Qo G1 E 4T 56TN . ANCHOM�E. AL4 1 61 EAST 56TH • ANCHORAGE, ALASKA 99518 • PHONE: (907) 563 -3424 • FAX: (907) 562-5449 STANDARD TERMS & CONDITIONS OF SALE Price: The prices quoted are in U.S. currency. Prorated payment shall be made for partial shipments. Terms of Payment: Payment is due thirty (30) days after the date of the invoice. Interest on the unpaid balance will be charged on all overdue monies at the rate of 18% per annum or the highest rate allowable by law, whichever is less. Customer agrees to pay all collection costs, including actual reasonable attorney's fees incurred in collecting monies due hereunder. Seller reserves the right to require payment in advance or provide other credit terms if Buyer's credit is not acceptable to Seller. Delivery /Shipment: Delivery and shipping times are Sellers best estimate at the time of quotation /proposal and do not include time to transfer the products, goods and /or equipment on order and to accept the order. Seller is not liable for any delay in the performance of any orders or contracts or the delivery or shipment of products, goods and /or equipment or for any damages sustained by Buyer by reason of such delay, if such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargos, strikes, labor difficulties or disputes, non- delivery by suppliers, shortages of labor, fuel, power, materials or supplies, transportation delays or any other cause or causes beyond Seller's control. Identification and Risk of Loss: The products, goods and /or equipment shall be identified to the contract and risk of loss shall pass to Buyer when the products, goods and /or equipment are placed in the hands of the carrier. Freight: All prices are FOB point of manufacture and do not include freight unless specifically listed as included. Seller shall not be responsible for actions, inactions or delays by the carrier. Conditions: All orders are accepted with the understanding that they are subject to Sellers ability to obtain the necessary products, goods and /or equipment. Not Included: Unless specifically provided herein, the products, goods, equipment, and /or services listed do not include freight, haulage, unloading, freight claims, installation, erection, concrete, grout, water, utilities, lubricating grease and oil, power, tools, labor, controls, conduit, wiring, meters, main disconnects, piping, valves, fittings, gaskets, hardware, taxes, covers, field painting, insurance, testing, royalties, maintenance, operation, erection supervision, start -up services, personnel transportation, anchor bolts, welding rod, or asset. Inspection: Buyer shall inspect Seller's products, goods and /or equipment upon receipt and if Buyer's inspection reveals any defects, Buyer shall notify the Seller within three (3) days after receipt of the products, goods and /or equipment of any claim Buyer might have concerning such defects or of any claim discovered by Buyer. Buyer's failure to notify Seller within such three day period shall constitute a waiver by Buyer of all claims covering such defects. Errors: Seller reserves the right to correct any clerical and /or stenographic error or omission. Cancellation: Buyer may cancel this order only upon written notice and payment to Seller of reasonable cancellation charges. Returns: Seller will not accept returns of chemicals, electrical items or special orders. Seller will not accept returns of any products, goods and/or equipment after ninety (90) days from the date of the invoice. Buyer will be assessed a reasonable restocking fee on any accepted returns. Approvals: Buyer is responsible for obtaining any required engineers', owners', and /or govemmental agencies' approval of the products, goods, equipment and /or services. Seller does not warrant that the products, goods, equipment and /or services will meet any such approvals or specifications. Limitation`of Liability: In no event shall Seller be liable for any lost profits, down time, lost sales, operating or maintenance costs, or for any other special, indirect, incidental or consequential damages of Buyer. Warranties: SELLER MAKES NO EXPRESS WARRANTIES WITH RESPECT TO ANY PRODUCT, GOODS AND /OR EQUIPMENT SOLD OR SERVICES PERFORMED AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller does not authorize anyone to make a warranty of any kind on its behalf and Buyer should not rely on any statement to that effect. Seller is - • not the manufacturer of the products, goods and /or equipment. If the manufacturer of the products goods hd /& Vquipment • • warrants the products, goods and /or equipment that Buyer has purchased, Buyer shall have whatever manufacturetis warranty there is subject to the terms and conditions of the warranty. The Buyer's sole and exclusive remedy, if any, shall be against the manufacturer and not Seller. Integration: These Terms and Conditions constitute the entire agreement between Buyer and Seller with respect to this transaction and supercede and replace all prior negotiations agreements, and representation, oral or written. These Terms and Conditions may not be amended or modified except pursuant to a written document signed by both parties. Governing Law: The terms of this agreement and all rights and obligations of the parties hereunder shall be governed by the laws of the State of Alaska. Binding Effect: These Terms and Conditions shall be binding on the parties hereto and their heirs, personal representatives, successors, and assigns. The undersigned acknowledges and agrees to Alaska Pump & Supply terms and Conditions of sale /quote as referenced in our quote AKP27- 0229R2 and is subject to Alaska Pump & Supply, Inc.'s Standard Terms and Conditions of Sale which are outlined above and agrees to be bound by said Terms and Conditions. No other conditions previous or after date below apply. Customer Name Printed Company Name Printed X Customer Signature Date Municipal • Industrial • Mining • Oilfield Groundwater /Environmental • Well Supplies Commercial • Contractor • Marine • Domestic Rentals • Repairs • Field Service • Testing 9074811830 September 11, 2006 Kodiak island Burrough Attention: Bill Bissett Reference: Alaska Pump ex.. Supply Gentlemen: In accordance with our telephone conversation of today this letter will confirm that our sole representation for Goulds Pumps' industrial products in Alaska is Alaska Pump & Supply. Please let us know if you have any questions or if you require additional information. Regards, E. Jane Payne Application Manager los ArsalEs Saps O:iice 3951 Caplin4 Ave City of Industry. CA 90601 1e1 B00.529.2120 fax 562 -q0 &410 18:41:06 09 -05 -2007 iairi i±_co Vrn�[ 10999 Metcalf. Suit° 200 -1734 Overland Park. KS 66210 9 -661 -0660 913 - 661 -0177 1 11 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held October 2, 2007. SUMMARY: The Canvass Board started meeting Tuesday, October 9, 2007 to finalize the count for the absentee, special needs, and questioned ballots and to canvass the election. Since canvassing is not going to be finished by the time packets become available to the Assembly, Resolution No. FY2008 -10 will be provided at the work session. APPROVAL FOR AGENDA: `/' RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -10. CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -10 Introduced by: KIB Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/18/2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 2, 2007 WHEREAS, the Kodiak Island Borough held a Regular Election on October 2, 2007, at which time candidates for the following office to be filled were voted on: MAYOR One Seat - Three -year term ASSEMBLY Two Seats - Three -year terms SCHOOL BOARD One Seat - Three -year term FIRE PROTECTION AREA NO. 1 BOARD One Seat - Three -year term SERVICE AREA NO. 1 BOARD Two Seats - Three -year terms BAY VIEW ROAD SERVICE AREA BOARD Two Seats - Three -year terms MONASHKA BAY ROAD SERVICE AREA BOARD Two Seats - Three -year terms WOMENS BAY SERVICE AREA BOARD Two Seats - Three -year terms WHEREAS, the following questions were submitted to the qualified voters residing in each of the Womens Bay Service Area and Fire Protection Area No. 1: For the Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in the Womens Bay Service Area, with the cost to be borne by residents of the area ?" For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in Fire Protection Area No. 1, with the cost to be borne by residents of the area ?" These questions were placed on the ballot by Ordinance No. FY2008 -05 which was passed by the Assembly on August 16, 2007 by unanimous vote. WHEREAS, the Canvassing Board of the Kodiak Island Borough met on October 9 and 10, 2007 and tallied the votes of Absentee Ballots, Questioned Ballots, and Special Needs Ballots together with votes counted on election night; and WHEREAS, the tallies as recorded by the Canvass Board are as follows: KODIAK ISLAND BOROUGH MAYOR — ONE (1) THREE -YEAR TERM Jerome Selby Write -Ins 1613 140 Kodiak Island Borough, Alaska Resolution No. FY2008 -10 Page 1 of 5 CORRECTED VERSION KODIAK ISLAND BOROUGH ASSEMBLY — TWO (2) THREE-YEAR TERMS Louise Stutes 1245 Pat Branson 1162 David C. King 1111 Write-Ins 30 KIB SCHOOL DISTRICT BOARD OF EDUCATION - ONE (1) THREE-YEAR TERM Melissa Borton 588 Peggy Rauwolf 573 Scott Arndt 479 Vanessa Bryant 342 Write-Ins 8 FIRE PROTECTION AREA NO. 1 BOARD - ONE (1) THREE-YEAR TERM Jim Pickett 364 Andrew Devries 185 Scott Arndt 151 Write-Ins 5 SERVICE AREA NO. 1 BOARD - TWO (2) THREE-YEAR TERMS Dennis R. Symmons 387 Scott Arndt 342 Write-Ins 27 BAYVIEW ROAD SERVICE AREA BOARD — TWO (2) THREE-YEAR TERMS Write-ins Reed Oswalt 4 Dawn Black 3 Andy Teuber 3 Elizabeth (Libby) 1 Eufemio Joe Black 1 Richard Baker 1 Margo Carmichael 1 Marie L. Finn 1 Greg Lopez 1 MONASHKA BAY ROAD SERVICE AREA BOARD — TWO (2) THREE-YEAR TERMS Andrew Devries 69 Write-ins Jim McCullough 4 David Sundberg 3 Bruce McNeil 2 Darlene Turner 1 Don Fox 1 Larry Ellsworth 1 Greg Lopez 1 Mark Withrow 1 Frank Fish 1 Corinne Estelle Ferrer 1 Kodiak Island Borough, Alaska Resolution No. FY2008-10 Page 2 of 5 CORRECTED VERSION WOMENS BAY SERVICE AREA BOARD — TWO (2) THREE -YEAR TERMS Craig Breitung 151 Write -ins Dave Conrad 3 Fred Waltman 3 Robert Juhlin 3 Tess Dietrich 3 Jim Rippey 2 Steve Penn 2 Bill Roberts 1 Jake Castonguay 1 George Lee 1 Gary Carver 1 Scott Griffin 1 Peggy Smith 1 Richard W. Belisle 1 Michael Haight 1 Andrew Edgerly 1 Cheryl Boulen 1 Dale Starkovich 1 For the Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in the Womens Bay Service Area, with the cost to be borne by residents of the area ?" Yes No Yes No TOTAL REGISTERED VOTERS 159 13 For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in Fire Protection Area No. 1, with the cost to be borne by residents of the area ?" 559 123 36 /605 - Chiniak 118 36 /608 -Flats 1955 36/615 -KI South (Larsen Bay) 218 36/618- Kodiak No. 1 1933 36/620- Kodiak No. 2 1906 36/622- Mission Road 2952 36/625 -Old Harbor 141 36 /635 - Ouzinkie 137 36/645 -Port Lions 227 Total 9587 Kodiak Island Borough, Alaska Resolution No. FY2008 -10 Page 3 of 5 CORRECTED VERSION TOTAL VOTES CAST /PERCENTAGE Votes Cast Percentage 36 /605 - Chiniak 27 23% 36 /608 -Flats 194 10% 36/615 -KI South (Larsen Bay) 33 15% 36/618- Kodiak No. 1 427 22% 36/620- Kodiak No. 2 344 18% 36/622- Mission Road 683 23% 36/625 -Old Harbor 51 36% 36 /635 - Ouzinkie 54 39% 36/645 -Port Lions 36 16% Absentee, Questioned, and Special Needs 256 3% Total 2105 22% NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Assembly finds that the Municipal Election of October 2, 2007 was validly held and hereby ratifies and certifies the results of the election: Section 2: In the Borough -wide election for Mayor, Jerome Selby was elected to a three - year term, having received the highest vote tally. Section 3: In the Borough -wide election for Assembly, Pat Branson and Louise Stutes were elected to three -year terms each, having received the highest vote tallies. Section 4: In the Borough -wide election for Borough School Board, Melissa Borton was elected to a three -year term, having received the highest vote tally. Section 5: In the Fire Protection Area No. 1, Jim Pickett was elected to a three -year term, having received the highest vote tally. Section 6: In the Service Area No. 1, Scott Arndt and Dennis R. Summons were elected to three -year terms each, having received the highest vote tallies. Section 7: In the Bay View Road Service Area, Reed Oswalt received four write -in votes. Dawn Black and Andy Teuber each received three write -in votes. Decided by coin toss, Dawn Black was elected to the three -year term on the Board. Section 8: Mr. Oswalt currently serves on the board and cannot hold two seats; he chose not to assume the duties of newly elected seat and the vacancy would be created and filled per KIBC 4.15.040. In the Monashka Bay Road Service Area, Andrew Devries received sixty nine votes; and Jim McCullough received the highest write -in votes, both were elected to three -year terms each. Kodiak Island Borough, Alaska Resolution No. FY2008 -10 Page 4 of 5 CORRECTED VERSION Section 9: In the Womens Bay Service Area Board, Craig S. Breitunq was elected to a three -year term having received the highest vote tally. Dave Conrad, Fred Waltman, Robert Juhlin, and Tess Dietrich each received three write -in votes. Drawn by lot, Fred Waltman was elected to a three -year term on the board. Section 10: For the Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in the Womens Bay Service Area, with the cost to be borne by residents of the area ?" received 159 YES votes and 13 NO votes, therefore it passed. Section 11: For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision of first responder emergency medical services as well as fire protection services in Fire Protection Area No. 1, with the cost to be borne by residents of the area ?" received 559 YES votes and 123 NO votes, therefore it passed. ATTEST: ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF OCTOBER 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2008 -10 Page 5 of 5 APPROVAL FOR AGENDA: KODIAK.ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING TITLE: 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. SUMMARY: This ordinance was requested by Assembly member Oswalt. ITEM NO. 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -09 in first reading to advance to public hearing on November 1, 2007. WHEREAS, currently there is no provision in the Borough Code for assembly members to participate in assembly meetings by teleconference; and WHEREAS, Alaska Statutes 44.62.310 provides that attendance and participation at meetings by members of the governmental body may be by teleconferencing; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section 2.17.020 General Rules is hereby amended as follows: 2.17.020 General rules. A. Public meetings: All official meetings of the assembly shall be open to the public. The journal of proceedings shall be open to public inspection. B. Quorum: Four (4) members of the assembly shall constitute a quorum. Attendance of acccmbly be followed. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2008 -09 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.020 GENERAL RULES TO PROVIDE FOR TELECONFERENCING DURING ASSEMBLY MEETINGS Introduced by: ' Assembly member Oswalt Requested by: Assembly member Oswalt Drafted by Borough Clerk Introduced: 10/08/2007 Public Hearing: Adopted: C. Absences: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member and whether the absence is excused by the assembly. D. Teleconferencing: Attendance and participation of members of the assembly at assembly meetings may be by teleconference. 1 Telephonic participation by assembly members is authorized during assembly meetings when an assembly member is physically absent from Kodiak or is physically incapacitated. Kodiak Island Borough, Alaska Ordinance No. FY2008 -09 Page 1 of 2 2. The assembly member shall inform the assembly of his or her wish to participate by teleconference at a meeting or twenty four (24) hour notice shall be given to the clerk prior to the teleconference. 3. An assembly member participating by teleconference shall only be allowed if the meeting is held with a quorum of members physically present. 4. An assembly member participating by teleconference shall be deemed to be present at the assembly meeting and shall have the same right to participate in discussion and to vote on any matter as if physically present at the assembly meeting. The vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. All votes shall be taken by roll call vote. 5. An assembly member participating by teleconference shall not be charged for any telephone costs associated with the teleconference participation. 6. Participation from outside of Alaska is permitted. 7. If there is an unexpected severance of connection, a brief recess may be called to reestablish connection. If such efforts are unsuccessful, the action of the Assembly shall not be invalidated on which the teleconferenced member could have voted. 8. Reasonable efforts shall be made to ensure agenda packets and other materials are available to the members or at the teleconference location. Publication on the website prior to the day of the meetings may substitute for hard copies. E. Rules of order: 'Roberts Rules of Order Current Edition" shall govern the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this ordinance prevails. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2008 -09 Page 2 of 2 SUMMARY: Attached are the findings of fact. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING ITEM NO: 13.D.3 TITLE: Board of Adjustment's Adoption of Findings of Fact - An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. RECOMMENDED MOTIONS: Move to adopt the following findings in support of the KIB Board of Adjustment's decision to reverse IN WHOLE the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 18, 2007 REGULAR MEETING FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The parcel exhibits exceptionally steep physical characteristics that make it difficult to construct a reasonable dwelling anywhere else on the parcel except where the existing structure is located. The steep terrain found at this site differs markedly from other similar parcels in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as C — Conservation, and the existing use is a permitted use in the district. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant purchased this parcel assuming that all issues associated with the cabin's location had been taken care of by the previous owner. It was the applicant who brought in the as -built survey and went through the variance process when it became apparent that the Borough's setback requirements had not been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Gary Carver X Bud Cassidy Dave King X Community Development Bill Oliver X Sheila Smith Thomas Trosvig X Community Development Charlie Powers X CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:57 p.m. by CHAIR on September 10, 2007 in the KIB conference room. ROLL CALL A quorum was not established. ADJOURNMENT Due to a lack of quorum the meeting was adjourned at 5:58 p.m. ATTEST KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE REGULAR MEETING- SEPTEMBER 10, 2007 MINUTES By: 1PAQr7. L fY 1 6 Sheila Smith, Secretary Community Development Department DATE APPROVED: October 1, 2007 September 10, 2007 KODIAK ISLAND BOROUGH EL TASK FOR . COMMITTEE Martin Ly . ck - C air C OCT A ')ntri `t LUJ/ u u � L` BOROUGH CLERK'S OFFICE Gravel Task Force Minutes Page 1 of 1 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Gary Carver X Bud Cassidy Dave King X Community Development Bill Oliver X Sheila Smith Thomas Trosvig X Community Development Charlie Powers X CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:35 p.m. by CHAIR on August 6, 2007 in the KIB conference room. ROLL CALL A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER OLIVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER KING, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMITTEE MEMBER ABELL MOVED TO APPROVE the minutes from July 2, 2007 as presented. The motion was SECONDED by COMMITTEE MEMBER KING, and it CARRIED by unanimous voice vote. OLD BUSINESS There was no old business. KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE REGULAR MEETING- AUGUST 6, 2007 MINUTES NEW BUSINESS A. Discussion of Charge Four — Final Report Lydick asked if there was interest in taking up these policy recommendations and code compliance issues. During discussion it was the consensus that the task force does not wish to write zoning ordinances at this level. MEMBER POWERS MOVED to refocus the final report and limited to commercial resource activities. The motion was SECONDED by MEMBER OLIVER, and it CARRIED 4 -0. COMMUNICATIONS There were no communications. August 6, 2007 Gravel Task Force Minutes Page 1 of 2 REPORTS Cassidy stated Mike Anderson has taken the gravel samples from the Coast Guard site. They were sent to be analyzed and the results were real positive. ANDERSON said the quality was better than any other he has seen on the road and thought it was better than the B Tracts. We know what the quality is we just don't know what the quantity is. ANDERSON stated it is high quality rock and his recommendation is to see what it what we can do to acquire the property. The preliminary communication Cassidy had with the Coast Guard is they aren't interested in divesting land but he feels with a little pressure on them we may be able to move forward because it is a good community resource. From a land management standpoint that is a piece of property the Borough has a valid selection on, and if the State ever gets title to it we would automatically get title to the property. But it all begins with the Coast Guard divesting themselves. POWERS stated it might be better to put the hazmat cleanup onto the Coast Guard as owner. Cassidy stated there are two avenues on properties divested: it either goes to GSA or to BLM. If it has any type of contamination it goes to GSA. Our route is BLM, State, and Borough. If there is any kind of contamination GSA looks for other uses of the property by other government agencies. OLIVER said Cassidy may want to look into the current cleanup contract that Jacob's Engineering is running. They have been doing cleanup of WWII sites on Coast Guard property. Cassidy stated he will contact them about the Coast Guard site and Salonie Creek. Cassidy also stated ANDERSON will put all the test results into his report. A. Mike Anderson: Exploration Results Salonie Creek Site Mike Anderson: Exploration Results USCG Site Meeting schedule: • September 10, 2007 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:20 p.m. ATTEST By: P_.lQrl 'L Sheila Smith, Secretary Community Development Department DATE APPROVED: October 1, 2007 August 6, 2007 KODIAK ISLAND BOROUGH GRA EL TASK FORCE MMITTEE By: Martin Lydi • - Ch Gravel Task Force Minutes Page 2 of 2 • Ordinance 2008 -05 was amended to specify "First Responder" and passed the second reading as amended. Also spoke to the Board re the Voter Education Pamphlet for the October 2nd Election. Provided a copy of the "Draft" tri-fold pamphlet that will be handed out to residents of both Fire Protection Area No. 1 and Womens Bay Service Area, by the local volunteer fire fighters. There are approximately 4,700 voting residents in the two areas; hoping to pass the brochure to each voting family in order to provide necessary education for the election on October 2. Kepley reported there would be no status report from the Projects Office for the Bayside Addition, as the project manager did not have the time to respond to the request for a status update; hoping to have an update at the next work session or meeting. Chief's Report: Report was deferred to ARNDT and D. Mathers as CHIEF was not present due to illness. ARNDT and Mathers gave reports on the Inspection Trip of the two new apparatus. ARNDT felt the trip was a worthwhile endeavor. There were a few small changes and a couple of major changes that were made at the factory. Trip was informative. Mathers enjoyed the tour of the plant; felt it was very impressive. ARNDT reported the two apparatus should presently be in Oregon where they would be loaded with equipment and then shipped up to Kodiak. VII. New Business a) Cossette House Removal Date Extension Contractor for the house removal has requested a one month extension in order for Brown's Movers to come to Kodiak and move the house from the current location. It was questioned whether there would be consequences should the Contractor ask for any additional extensions. Language would be added to the contract by the E/F Director in hopes to deter additional extension requests. It was MOVED. ARNDT and seconded to grant a 30 day extension to TC Enterprises for the removal of the Cossette house, from September 30 to (NLT) October 31, 2007. Motion CARRIED b) Temporary Housing for Fire Apparatus Rob Greene attended the meeting to speak with the Board about the offer to provide a metal Quonset hut for the storage of the fire vehicles. Provided pictures and information to the board to assist with the decision. ARNDT suggested speaking with Bruce McNeil to see what the charge would be for the Board to house one of the apparatus in his shop. Board felt there would better benefits in looking into this option than that of purchasing a Quonset hut that would require additional heating sources, foundations and the probability of no resale options. Benefits for storing the vehicle at McNeil's are: keyed access, volunteer availability to check on vehicle daily and service if needed, heated/insulated area for storage, and the vehicle will be housed in an area that is not easily accessible in the winter months, if there should be a fire in the area the vehicle is already there. Direction was to postpone this agenda item until the next regular meeting; advertisement for need of a storage facility may have to go out to the public prior to negotiations with McNeil, Chair will check with Manager. c) Public Education for October Ballot CHAIR presented the educational brochure (re EMS First Responders Service) to the Board for review and approval. The brochure is designed to be a factual tool of information for the voting residents of the two fire districts (FPA1 & WB) with no VIII. Visitor Comments D. Mathers: Asked the Board to ensure that what happened to the Womens Bay fire engine did not happen to Bayside's fire engine. Their engine was kept outside and is now unusable. Bayside still has good usability in the engine and would like to see it kept that way. sway to vote one way or the other, and should not require APOC review. It was directed that the brochure be handed out door to door by the volunteer firefighters during training evenings prior to the elections. Board members agreed that the pamphlets would not be left at houses, on vehicles, or in mail boxes where people were not home; and the pamphlet would not go out as a mailer. CHAIR would provide a copy of the brochure to the Borough Clerk for review of accuracy. D. Carstens: Agreed with Mathers, the engine is still in good condition for use. IX. Board Member Comments S. Arndt. None M.Dolph. None. R. Nelson. None. G. Spalinger. None. X. Adjournment Chair Dolph adjourned the meeting at 8:55 p.m. SUBMITTED BY: Kepl , Secretary Engineering / Facilities Department APPROVED BY: Mike Dolph, Chair Fire Protection Area No. 1 Board Date: qii ,/ Date: /c Se.." 3' D� CALL TO ORDER Committee Members Mike Sirofchuck -Chair X X X 1 Pam Foreman Hans Tschersich Kevin Foster Jeff Huntley Patrick Saltonstall Andy Schroeder Cassandra Juenger Lori Demi �C1 III. APPROVAL OF AGENDA OLD BUSINESS A. 2008 CIP List KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING - JULY 24, 2007 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:08 p.m. by VICE - CHAIR FOREMAN on July 24, 2007 in the KIB School District Conference Room. ROLL CALL Present Excused X X MINUTES OF PREVIOUS MEETING X X X Absent Duane Dvorak 7/24/2007 Parks & Recreation Committee Meeting Mint Others Present Community Development Dept. Bud Cassidy Community Development 1 Sheila Smith Community Development Dept. A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED to excuse MEMBERS FOSTER, HUNTLEY, SHCROEDER, and DEMI. COMMITTEE MEMBER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda as presented. The motion was SECONDED by VICE -CHAIR FOREMAN, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the May 22, 2007 and July 10, 2007 P &R minutes as submitted. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Erin Harrington introduced herself and stated she was recently added to the Board of Island Trails Network. Cassidy stated you are looking at 2 lists: #1 is the Borough's large general list, and the other is the 2007 -16 Priority CIP List that the borough lobbyist is interested in acquiring. Cassidy provided both because the lobbyist spends the most time on the Priority List. If we get a call from the representative of the Senator asking if we have any projects worth $50,000 we can get the list out and start naming projects. It just depends on what level they will fund. We are about to start our 2008 CIP process and thought this would be a good place to start. On our webpage is the nomination form so if you have a project you're interested in send your form to Sheila. Dvorak stated a planning project can be a capital project if it is of sufficient magnitude. Normally, it's $50,000. If it's $10,000 or $15,000 it should be budgeted as part of a work program. Cassidy stated he thinks the Trails Plan can be put in, but it needs to be defined. We can divide the project up into design and the different phases. Breaking it down into manageable portions is probably what we are hearing now from our lobbyist. He said we have $64,000, but it depends on what the legislature is doing, it just depends on the trend. SIROFCHUCK stated he looked at the list and their priorities are still there. SALTONSTALL feels the Trails Plan and the Chichenoff Trail should be added. He also said he likes it in the order it is now but wants to add the Trails Plan which is $60,000. The ATV Park was on the list but it's not there now. Dvorak stated this is what the Assembly adopted and the ATV Park probably got dropped at the Assembly level. A scoring sheet with different criteria columns is used to determine which projects has the highest need and the highest probability of success. He reminded them the Womens Bay residents didn't want the ATV Park at Salonie. Without a complete project concept and a proposed location he doesn't think it's catching people's attention. FOREMAN asked Dvorak about the list of people we invited the last time we had the group in here. She feels that in lieu of them coming to a meeting staff should at least email them with the link to the CIP form and tell them we will be resolving our CIP List to go forward to the borough and they should get the forms back to us. Dvorak said if you have your list done by the 2nd week in August. The commission has to make their recommendation by October 1 As long as you have your recommendations in hand and adopted by the 2 meeting in August. SIROFCHUCK directed staff to contact the people on the list and invite them to submit their list in writing or in person. Cassidy suggested public service announcements. NEW BUSINESS A. Parks & Recreation Review of the Draft Comprehensive Plan Land Use Map 9.3 Cassidy stated this started with a public testimony statement from FOREMAN at the Comprehensive Plan review at the P &Z meeting. This is the regional blow up map that shows the recreational sites. He also said we are in the process of merging the maps into the plan. Dvorak said we have printed mostly maps of the road system and maps that mostly dealt with land use. We didn't print the 17b easement maps. It will only show those trails that are safe to publish. Not all the maps are on the website either because they weren't considered ready. It was the consensus of the committee that the following should be on the recreational sites map: American River, Kalsin Bay /Olds River, Pasagshak, Womens Bay Recreation Area, Sacramento River & beaches, Anton Larsen Pass, Cliff Point, Fossil Beach/Narrow Cape, Long Island, Woody 7/24/2007 Parks & Recreation Committee Meeting Minutes Page 2 of 3 Island, Lake Miam, Heitman Lake, Kashaverof Mtn. /Salonie Creek, Pillar Mtn. & urban trails, Swampy Acres /Buskin Lake Recreation Area, and Old Woman's Mtn. /Burma Road /Barometer Mtn. /Cope Mtn., White Sands Recreation Area. Harrington brought up all the horse trails in the swamp lands in Womens Bay. FOREMAN stated that is Koniag land. COMMUNICATIONS Cassidy stated he notified BLM about 17b easements and they assured him that we were notified and they are required by law to be advertised in the paper. REPORTS A) Meeting schedule: • August 14, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • August 28, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. SIROFCHUCK stated he will be gone for both the August meetings. TSCHERSICH stated he will be gone for the August meetings also. AUDIENCE COMMENTS Harrington thanked everyone for allowing her to participate. COMMITTEE MEMBER'S COMMENTS JUENGER invited everyone with kids to Vacation Bible School at the Lighthouse Church. TSCHERSICH invited everyone to the Russian Ridge Trail hike. SALTONSTALL is happy they got all the dots on the map. SIROFCHUCK thanked everyone for working so hard in his absence. ADJOURNMENT COMMITTEE MEMBER SALTONSTALL MOVED TO ADJOURN the meeting. The motion was SECONDED by VICE CHAIR FOREMAN. The meeting adjourned at 8:25 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: September 25, 2007 KODIAK ISLAND PARKS & RCR ATION By: ci f Mi e Sirofchuck: Chair 7/24/2007 Parks & Recreation Committee Meeting Minutes Page 3 of 3 GH TEE SERVICE AREA NO. 1 BOARD REGULAR MEETING MINUTES April 16, 2007 @ 7:00 P.M. KFRC Conference Room CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:00 p.m. ROLL CALL: Present: Absent: Sharon Lea Adinolfi Peggy Tuttle Kevin Arndt Scott Arndt Charlie Lorenson Ed Mahoney Greg Spalinger "[TE C WA! SEP 1 0 2007 11-J BOROUGH CLERK'S OFFICE Staff: Jessica Kepley, E/F A quorum was established. Adinolfi and S. Arndt arrived at approximately 7:20 p.m.; they were attending a mandatory ARB meeting at the time of roll call. ACCEPTANCE OF AGENDA: It was MOVED, SPALINGER, and SECONDED, K. ARNDT to approve the Agenda as presented. The motion CARRIED unanimously. ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT: It was MOVED, SPALINGER, and SECONDED, LORENSON to acknowledge receipt of the Financial Report. The motion CARRIED unanimously. APPROVAL OF MINUTES: It was MOVED, SPALINGER, and SECONDED, LORENSON to approve the minutes as presented for February 28 and March 21, 2007. The motion CARRIED unanimously. PUBLIC COMMENTS: None. CHAIR REPORT: CHAIR reported John Parker called again regarding a reoccurring issue on his driveway culvert. This time the culvert will be replaced correctly as it should have been the first time. SPALINGER questioned the Service Area Board's responsibility to reconfigure a residents' driveway. CHAIR told the Board he would be talking to Louis (Rocheleau — \\Dove \departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007\Minutes 16 Apr 07.doc Page 1 of 5 Brechan Enterprises) and will tell him this needs to be repaired at Brechan's expense. Apparently there are a few other properties in the service area that are also having culvert problems. Board members discussed culvert/water problems on Sunset Drive and Shahafka Circle, which would need to be addressed soon. MAHONEY spoke to the Board re a number of issues he presented to the Borough Manager, Rick Gifford. He was told by Gifford that the Assembly would reply back re the proposed Coho Way Access. The Assembly instructed Gifford to address the surplus property on Ocean Drive, which may be disposed of through a Borough land sale, in order to realign the road to meet the needs of the residents. OLD BUSINESS: A. Road Maintenance Bid Packet The Board felt there were no additions or deletions needed on the currently advertised bid packet for snow removal and road maintenance. B. Selief Lane Resurfacing It was MOVED, LORENSON and SECONDED, SPALINGER to forward the tabled motion to the next regular meeting, when all members could provide their input. The motion CARRIED unanimously. C. Letter re ROW Parking Issues KEPLEY presented the Board with a letter from the Engineering and Facilities office, addressing the ROW parking issues that have occurred. Copies of the letter will be made and provided to the CHAIR to issue to property owners with ROWs amongst their properties. D. Service Area #1 Road and Maintenance Taxes Board listened and reviewed the recording of the Legislative meeting held re House Bill #185 presented on cd by the CHAIR. At this meeting the Fairbanks Borough attorney voiced her opinion of the tax exemption in their service areas. CHAIR stated that if it was determined the properties in question (SA #1) were wrongfully made exempt from taxation, monies may be returned to Service Area 1. CHAIR reported that Gifford would attempt to get the Borough Attorney's opinion on the Board's current service area -wide taxation issue. MAHONEY predicted if all the proper taxes were received for the Service Area, there may be as much as $51,000 added to the budget per year; LORENSON stated receipt of these monies may lead to a possible reduction of the mil rate in the future. Further discussion will be held at the next regular meeting in order to include those members that are presently absent. E. Service Area #1 Citizens Paving Advisory Group MAHONEY attended a Borough Assembly Work Session to present the proposal of creating a Citizens Paving Advisory Group (Board) for the Service Area. The Assembly \\Dove \departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007\Minutes 16 Apr 07.doc Page 2 of 5 agreed to provide one Assembly member and Karl Short (Finance Director) to assist the advisory group. This group will start out brainstorming for ideas on paving of the entire Service Area. S. ARNDT suggested that one discussion item for this new group would be on the Borough taking over road powers on all Borough owned roads, this would address issues not only with Service Area #1 but also for Womens Bay Service Area and others. MAHONEY stated the Service Area #1 Board should help the Assembly, as the Board has a responsibility to the residents of SA #1. K. ARNDT suggested the Board start putting options that could be accomplished, "don't leave anything out ". SPALINGER told the Board, when this advisory group starts and things are starting to be accomplished, they don't want to end up with another road issue like that on Island Lake Road. S. ARNDT asked that the Board consider starting this process with neighborhood meetings to inform the residents of SA #1 of the intended advisory group. (Rest of this comment was inaudible.) NEW BUSINESS: A. Calcium Chloride It was MOVED, S. ARNDT and SECONDED, LORENSON to authorize KEPLEY to receive quotes from vendors for the purchase of 40,000 lbs of calcium chloride to apply to the service area's roads (applying the cost to the next fiscal year's budget). The motion CARRIED unanimously. Re the next application of calcium chloride, S. ARNDT said, since the roads are still frozen, it would be wiser to wait until the first part of May. He also reported that some areas are in need of D -1 prior to the application of the calcium chloride. (Inaudible.) Discussion was held on the amount of calcium chloride needed to cover all the roads within the Service Area. KEPLEY was told to proceed with the gathering of quotes. B. Training for Staff Secretary — Memo to the Board KEPLEY presented the Board with a memo re financial support from the SA #1 Board to assist in funding her trip to Tacoma for a week long training seminar addressing Parliamentary Procedures, Open Meeting's Act, minute taking, and other policies and requirements of those who provide staff support to various boards. Taking this training was suggested by Nova Javier, Borough Clerk. The memo presented relayed Javier's intention to bring all boards up to the same operating level. It was MOVED, LORENSON and SECONDED, K. ARNDT to approve sending J. KEPLEY to training in Tacoma, splitting the cost with Fire Protection Area #1 in an amount not to exceed $600. Discussion was held; board members felt this obligation was not the Service Area Board's, but that of the Borough, to fund the education of staff. Vote was taken and the motion FAILED, 4 to 2. C. Lee Russell Preliminary Plat \ \Dove \departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007\Minutes 16 Apr 07.doc Page 3 of 5 S. ARNDT reported that he attended the last Planning and Zoning meeting where this plat was presented; P &Z refused the variance request, the subdivision is under review. Board made no action; it was determined the time for Service Area action was past the due date, thus the subject was dismissed by the Board. D. Culvert Issues Board viewed pictures presented by the CHAIR, showing the various culvert issues within the Borough. Some culverts pictured were covered, others were too small, some were not properly buried, and still others had been altered by the property owners. Board discussed requirements as stated per the language on the driveway permit through the Borough. S. ARNDT is in favor of suggesting to the Borough that they adopt a minimum requirement of 30' culverts with driveway surfaces being a minimum of 24'. However, cul de sacs would be different as the 30' culverts will not work, being too large for the area permitted. Further discussion was held. E. Otmeloi Maintenance through Service Area #1 It was reported, at the Legislative Reception the State told the Borough officials that the Borough should consider taking over the Otmeloi paving project. The Borough is trying to get a cost estimate of the project. State funding may not be enough to finish the project; Borough is looking to find other avenues for funding. The Borough will have to accept responsibility of the road before they will be granted any of the money. A potential conflict is that not all of Otmeloi Road is within the Service Area #1 boundaries. The Borough Assembly would like to know if the Service Area #1 Board is interested in taking over Otmeloi. K. ARNDT felt as far as maintenance of the road, the Board would be interested in accepting the road. MAHONEY questioned how the Borough could accept the road in its entirety if a third of the road is not covered by a service area. The possibility of annexing the part of the road not covered by a service area to include it within the Service Area #1 boundaries. PUBLIC COMMENTS None. BOARD MEMBER COMMENTS SL. ADNIOLFI. None. S. ARNDT. Asked that the board move forward on the Selief Lane Resurfacing project at the next meeting. He would like to organize neighborhood meetings to alert the residents of the intentions of the Board. Information, such as cost estimates, will be needed; possibly a cost estimate could be obtained from Brechan Enterprises. \\Dove \departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 4 of 5 K. ARNDT. Alerted the Board that the Coast Guard contractor, KSS, is in the midst of purchasing a new infrared machine to assist with the patching of potholes. They will possibly allow other contractors to rent the equipment. The machine allows for seamless repair of the potholes. C. LORENSON. Feels the CHAIR is doing a good job, likes his thoroughness. E. MAHONEY. None. P. TUTTLE. Absent. G. SPALINGER. None. MEETING SCHEDULE: Regular Meeting: May 8, 2007 at 7:00 p.m. to be held at Bayside Fire Hall. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:30 p.m. SUBMITTED BY: es ep f fi: ecretary KI : Engineering / Facilities Department APPROVED BY: ahoney, Chai ervice Area No. Date: Date: 9/q/-7 \\Dove \departments \EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 5 of 5 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING a hhir - � 1 �S ,220d7-- Regular Meeting of: Please print your name