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
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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.
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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
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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
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Business Address
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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KODIAK ISLAND BOROUGH
ASSEMBLY MEETING
a hhir - � 1 �S ,220d7--
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